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03-21-2023 Meeting March 21, 2023 A regular meeting of the Scandia City Council was held on the above date in the Council Chambers with modifications. The meeting was conducted in-person and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Mayor Christine Maefsky called the meeting to order at 7:00 p.m. Roll call was taken. The following were in attendance: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, Mike Lubke, and Mayor Christine Maefsky. Staff present: Interim City Administrator Anne Hurlburt, City Attorney Eric Larson, Fire Chief Mike Hinz (virtual), Public Works Director Charles Fischer, TJ Hofer (joining virtually) Engineers Jacob Humburg & Seth Peterson, and Treasurer Colleen Firkus. APPROVAL OF AGENDA Benson, second by Kronmiller, moved to approve the agenda as presented. Motion carried 5-0. LAW ENFORCEMENT REPORT A report on police activity for the month of February was provided in the meeting packet. PUBLIC FORUM No public comments were made. CONSENT AGENDA a) Minutes 1) February 21, 2023 Special Meeting 2) February 21, 2023 Regular Meeting 3) March 1, 2023 Work Session 4) March 10, 2023 Special Meeting b) Treasurer’s Report c) Payment of Vouchers d) Conditional Use Permit and Variance Extensions, Proposed Arts and Heritage Center Development. Resolution No. 03-21-23-02 e) Approve Parks and Recreation Committee Chair & Vice-Chair Recommendation f) Adopt Resolution No. 03-21-23-01 Setting a Public Hearing to Vacate a Drainage and Utility Easement in the Plat Ravensfield South g) Approve Jabas Program Agreement for Tai Chi class h) Mattress Recycling Program i) Set Public Hearing to Amend the Resolution Establishing the Scandia Economic Development Authority (EDA) j) Accept Donation from Scandia Veterans Memorial Fund. Resolution No. 03-21-23-03 k) Approve Parks and Recreation Committee Earth Day Activity l) Authorize Hiring Process for Summer Seasonal Workers Kronmiller, second by Benson, moved to approve the Consent Agenda as presented. Motion carried 5-0. March 21, 2023 Scandia City Council Page 2 of 7 PUBLIC HEARING: SCANDIA BLISS SYSTEM WASTEWATER FACILITY PLAN. RESOLUTION NO. 03-21-23-04 A public hearing was held to receive comments on the Bliss System Wastewater Facility Plan. The Bliss Wastewater Facility, constructed in 1986, treats wastewater from approximately 75 residential homes on the west side of Big Marine Lake. Over the past 10 years, one of the four- ground monitoring wells (GW#4) surrounding the treatment system has consistently detected high nitrate + nitrite levels exceeding the Minnesota Department of Health (MDH) nitrate limit of 10 mg/L. Jacob Humburg and Seth Peterson, Environmental Engineers with Bolton & Menk, presented the report, the purpose of which is to guide the city to plan, fund, and implement required improvements to address the issue of nitrates entering the groundwater from the existing facility. The Bliss System was not designed to remove nitrates and it was not required by the MPCA when it was constructed in 1986. A Facility Plan is necessary to apply for funds through state grant and loan programs. Two nitrogen mitigation alternatives were identified: Alternative 1: Denitrification (No guarantee that all ammonia is nitrified as part of existing system.) Estimated cost $900,000. The MPCA process requires identifying alternatives. Alternative 2: Nitrification/Denitrification (recommended as it is the only option that can guarantee nitrogen removal to meet the limit.) Estimated at a total cost of $1,600,000, including engineering and 30% contingency. The schedule from ordering the Facility Plan to final construction runs February 2023 through Fall of 2024. Lubke asked about life expectancy of system. Humburg replied that while he cannot estimate the useful life, the system is generally in good shape for this type of system. The minor improvements that have already made have addressed important issues. Life expectancy is related to the ground conditions and how fast it can accept the wastewater. The ground is currently in good shape and no issues are apparent. A Point Source Implementation Grant (PSIG) can be applied for this in July. There are already entities on the list for PSIG funds that are first in line for funding. Getting Scandia on the list will put the project in line for possible funding next year. Intended Use Plan (IUP) can be applied for in November. A State bonding bill has to pass to fund these two sources of funding. Scandia has hired a lobbyist and is also trying to get direct appropriations separate from PSIG and IUP. Peterson said the city has already agreed to the 5-year compliance schedule in their MPCA permit, and this Facility Plan is part of following those steps required in the compliance schedule. Council discussion verified that replacing the GW#4 testing well or the filters has been ruled out as possible solutions as the system was never designed to remove Nitrates and would not solve the Nitrate problem. Mayor Maefsky opened the comment time for the public hearing at 7:30. Jim Krummi, 19169 Layton Ave., asked what would happen if funding falls through, and if the Bliss users are on the March 21, 2023 Scandia City Council Page 3 of 7 hook for the entire cost? Was there anything he can do to help get funding? Council’s advice is to talk to senators and representatives to pass the bonding bill, and consider appropriations for Scandia’s Bliss Nitrate Treatment Project. Krummi was also told he cannot opt out of the Bliss System. Jeff Dahlberg, 19151 Layton Ave., presented information that indicated Scandia’s rates are 60% higher than Forest Lake, 80% higher than Hugo, 75% higher in Stillwater, 22% higher in Osceola 22%, and 46% higher than Marine on St. Croix. Dahlberg asked how much funding is going to be asked for, and will the City be able to fund it all, and if the Watershed can help with funding. Peterson said in the PSIG grant the city can apply for up to 80% of eligible expenses, and will be applying for this grant in July. The Watershed has no funding for this project. Ann Myre, 19111 Larkspur, asked where are nitrates coming from? Peterson said they are art of the normal processes found in wastewater/excrement. Perry Rynder, 13344 188th St. N., asked if this new system will work with a new drainfield, and what is risk that this won’t work? Peterson assured that it will work. Has done hundreds of these systems and Scandia’s is a small system. Our numbers are normal and easily treatable. A subsurface system like this was not designed to treat nitrates. Mike Wiebe, 18590 Langley Ave. asked why they are paying a higher bill now when the city does not know the total amount of funding is will need. Kronmiller said based on estimates for future capital expenditures to maintain the system, the rates should be higher. Wiebe said it would have been appreciated to get a more advanced notice of the increase. John Wittenburg, 18990 Layton Ave., said the recent bill was much higher than previous bills. He asked if the city could provide a generic letter they can use to send to representatives. He also thanked the staff and council for all their hard work. Jeff Dahlberg, asked if the city looked at hooking up with the Forest Lake sewage treatment system. Peterson said they have looked into it and it was more expensive with infrastructure cost of running a force main that far and MET Council approval would be needed, if their interceptor is even large enough to accept Scandia’s effluent. All those other cities that Dahlberg is comparing rates to Scandia’s rates are hooked up to the Metro system and have the economies of scale that Scandia doesn’t. Benson, second by Cusick, moved to adopt Resolution No. 03-21-23-04, Receiving and Accepting the Facility Plan. Motion carried 5 – 0. PARK AND RECREATION COMMITTEE Park and Recreation Committee Vice-Chair Greg Zauner reported the Vinterfest star party has been rescheduled for April 29th. The July 4th meeting has been moved to July 6. Parks is holding a new bird feeder project for Earth Day. PLANNING COMMISSION The draft March 1, 2023 Planning Commission minutes were provided in the meeting packet. Council action was not required. March 21, 2023 Scandia City Council Page 4 of 7 SCANDIA INTERNET ACTION COMMITTEE The Internet Action Committee did not meet in March. TOURISM COMMITTEE Tourism Committee Chair Sue Dickens was virtually present on Zoom and reported on the Committee’s planned activities. They are working on the 2nd annual city-wide garage sale. Information will be on city website. ECONOMIC DEVELOPMENT AUTHORITY The EDA did not meet in February WASTEWATER COMMITTEE The Wastewater Committee did not meet in February. SISTER CITY COMMITTEE Cindy Higgins reported they met Feb. 22nd, and have a $500 budget for Sister City Celebration on April 20th. A trip is planned for Scandia residents to go to Mellerud, Sweden from June 26th – July 4th, and hosting Mellerud visitors in Scandia the first week of September. They are looking for host homes for the Mellerud visitors. BUILDING OFFICIAL The February building activity report was in the meeting packet. In February, 13 permits were issued at a valuation of $2,182,200. Benson, second by Kronmiller, moved to purchase the Permits & Inspection module of Permit Works. The motion carried 5 – 0. Benson, seconded by Cusick, moved to approve Budget Amendment, Resolution No. 03-21-23-05 to reallocate funding for Permit Works within the General Fund. The motion carried 5 – 0. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s February activity. Last month the department responded to 16 calls; 7 fire, and 8 medicals. Hinz also reported that a bill going through the House and Senate will give cities more control over who provides ambulance service. Instead of having a Primary Service Area (PSA) covering several municipalities, every city boundary would become a PSA. If call volume is down, then an ambulance service may be more selective about where to provide services and leave Scandia out if we don’t have enough volume, or charge more to service smaller cities. The House Bills 2736 & 2423, Senate Bill 2691 if Council members or other people want to contact their representatives. CITY ENGINEER Engineering Updates City Engineer Goodman provided a written report on engineering activities. Public Works Director Fischer reported that the Bliss Stormwater Project construction was moved to 2024 because of newly discovered utility lines during locates. New plans need to be drawn by the Watershed District to accommodate this new information. March 21, 2023 Scandia City Council Page 5 of 7 DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on department activities. Waiting for asphalt plants to open up to start patching potholes. CITY ATTORNEY Eric Larson had nothing to report. CITY ADMINISTRATOR Interim Administrator Hurlburt reported on general updates as provided in a staff memo. The moratorium on new solar energy systems expires April 13th, with no possible extension. An amendment to the zoning ordinance to establish a Solar Overlay District will come before the Council April 18, 2023 for action. Although there is a time gap, staff doesn’t expect any complete applications will be submitted in those 5 days, and connection agreements with utilities are impossible to get right now. Council agrees with waiting to act on the draft Solar Ordinance until April 18th. 2023 ANNUAL OPERATING PERMIT FOR MARTIN MARIETTA (FORMERLY TILLER CORPORATION) SCANDIA MINE. RESOLUTION NO. 03-21-23-06 Martin Marietta Materials, Inc. Company has applied for its 2023 Annual Operating Permit (AOP) for their existing sand and gravel mining operation located on Manning Avenue near 225th Street in Scandia. The site has been actively mined since 1966, and currently operates under Conditional Use Permits (CUPs) granted by the City on May 20, 2008. Planner Hofer, joining remotely, provided an evaluation of the 2023 AOP application, and summarized last year’s mining activity. In 2022, the applicant received an increase from the MNDNR to allow the groundwater appropriations to be increased from 20 million galls per year (MGY) to 30 MGY. The City’s groundwater consultant, LRE Water, analyzed the results of Martin Marietta’s required groundwater monitoring plan. The plan provided the information necessary to evaluate the aquifer’s response to pumping at the site at the highest pumping demand, and assess any regional impacts. The consultant concluded that the observed groundwater level declines and rate of groundwater level recovery indicate a very prolific aquifer. Based on the information to date, there no concerns to the resource when pumping at the rates necessary to meet the facility’s peak demands under normal operations. Planner Hofer reported that mining into the groundwater table did not occur in 2022. A summary of mining activity over the past two years was prepared: 2021 2022 Amount of material removed from the site (in tons) 430,000 378,000 March 21, 2023 Scandia City Council Page 6 of 7 2021 2022 Amount of add-rock brought onto site (in tons) 77,000 92,000 Recycled asphalt and concrete brought to the site (in tons) 35,000 41,000 Average number of trips to and from the site each day (in trips/day) 225 214 Reclamation activities in 2022 included the placement of overburden and fill material in the west half of the mining area, north of the Tiller Mine/Dresel Mine common mining border. Reclamation completed meets the requirement of the CUP. Planner Hofer concluded with a recommendation to approve the 2023 AOP for Martin Marietta with findings and conditions written into a resolution. Conditions include to continue the annual sampling for water quality parameters as outlined in the monitoring plan, and that requests for operating hours or haul routes outside those specified in the Conditional Use Permit shall be accompanied by a proposed truck haul route for approval by staff. Christina Morrison, Martin Marietta representative, is in agreement with the staff report and invited new Council member Lubke to come out for a tour of the facility. Kronmiller, second by Benson, moved to adopt Resolution No. 03-21-23-06 Approving the 2023 Annual Operating Permit for the Sand and Gravel Mine and Processing Facility at the Scandia Mine Site with conditions outlined in staff report. Motion carried 5-0. APPOINTMENTS TO ADVISORY COMMITTEES & COMMISSIONS (RECOMMENDATIONS FROM MARCH 21, 2023 SPECIAL MEETING) The City Council held a special meeting at 6pm to interview candidates for various advisory committees. Kronmiller, second by Lubke, moved to appoint Christian Larson to the Tourism Committee. The motion carried 5 – 0. Kronmiller, second by Cusick, moved to appoint James Gribble to the Tourism & Wastewater Committees. The motion carried 5 – 0. Kronmiller, second by Maefsky, moved to table any appointments to the Internet Action Committee (IAC) until the next work session meeting April 5, 2023. The motion carried 5 – 0. TAKE-HOME VEHICLE POLICY, RESOLUTIONS NO. 03-21-23-07 & 03-21-23-08 At their work session on March 1st, the Council reviewed a draft take-home vehicle policy and directed staff to provide revisions to address some concerns. Hurlburt provided a red-lined copy of edits to add language to clarify the purpose, and other revisions. Kronmiller expressed reservations and that this will contribute more benefits for male employees than female employees and contribute to a pay equity gap. Hurlburt did not see it an issue for pay March 21, 2023 Scandia City Council Page 7 of 7 equity as it is such a small benefit, the policy benefits the position and the city as a whole, not a person. Lubke asked what is the city doing to address the pay equity issue going forward? Hurlburt said there is a normal cycle to do state reports for pay equity with the next report due in 2023. Cusick, second by Lubke, moved to approve Resolution No. 03-21-23-07 adopting the Take- Home Vehicle Policy. Motion carried 4-1 with Kronmiller opposed. Hurlburt explained that an amendment to the personnel policy is necessary to coordinate with the new take-home policy. Cusick, second by Lubke, moved to approve Resolution No. 03-21-23-08 Amending the Personnel Policy of the City of Scandia. Motion carried 5-0. EMPLOYMENT AGREEMENT FOR CITY ADMINISTRATOR Kronmiller, second by Benson, moved to approve the employment agreement for the new City Administrator. ADJOURNMENT Benson, second by Lubke, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:52 p.m. Respectfully submitted, Colleen Firkus Treasurer