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06.a2 Draft minutes 08-02-2023 Work SessionAugust 2, 2023 A work session meeting of the Scandia City Council was held on the above date. The meeting was conducted in the Council Chambers at the Scandia Community Center 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 6:30 p.m. The following were present: Council members Heather Benson, Jerry Cusick, Steve Kronmiller and Mayor Christine Maefsky. Council member Mike Lubke was absent. Staff present: City Administrator Kyle Morell, Public Works Director Charles Fischer, City Treasurer Colleen Firkus and City Attorney Eric Larson. City Planner TJ Hofer joined remotely. APPROVAL OF THE AGENDA Benson, second by Kronmiller, moved to approve the agenda as amended. Motion carried 4-0. INTERNET ACTION COMMITTEE APPOINTMENT Prior applicant, Steven Bradley, is still interested in the Internet Action Committee position. Kronmiller, seconded by Benson, moved to approve the appointment of Steven Bradley to the Internet Action Committee. Motion passed 4-0. CANNABIS MORATORIUM AND PUBLIC USE City Attorney Larson reviewed proposed Ordinance 2023-07, an Interim ordinance prohibiting the establishment of new uses related to the operation of cannabis and hemp businesses for one year. Local attorney Kirsten Libby helped clarify the issue that while possession and use of cannabis now legal, retail sales of cannabis products is not yet legal. Libby also pointed out that hemp products are legal at a .03% THC level or less than 5 mg per serving. Larson is recommending a moratorium on retail sales until appropriate locations can be identified. The moratorium does not apply to cannabinoid products Possession and use of cannabis is now legal, but not retail sales. Locating retail sale locations is necessary. Larson recommends a moratorium on retail sales until appropriate locations can be identified. Sales of Edible Cannabinoid Products are not subject to this Interim Moratorium of which sales are legal, nor activities lawful under the Industrial Hemp Act. Benson, seconded by Cusick moved to approve Ordinance 2023-07 establishing an interim ordinance prohibiting the establishment of new uses related to the operation of cannabis businesses and hemp businesses for one year. Motion passed 4 – 0. Larson reviewed proposed Ordinance 2023-06 which regulates the smoking and drinking of cannabis or hemp-derived products in public places. An alternative was also proposed that would only disallow smoking of cannabis in public places, but allow drinking of cannabis or hemp infused products. This ordinance is only for cannabis/hemp-derived products. Kronmiller suggested these products be treated like alcohol, which is not allowed in public places, and that consumption in a public place would require a city permit. Scandia City Council Work Session August 2, 2023 Page 2 of 4 James Thorson, Pres. of Gammelgarden, 21980 Manning Tr., asked if Gammelgarden is considered public or private since their property is regularly accessed by the public. Larson indicated the ordinance is not written to apply to nonprofit properties, but they would be considered private property and choose to allow what they want to occur on their property. Allen Bakken, Pres. of Elim Church Council expressed concern for parishioners on medical marijuana. He asked how this ordinance would affect members who need to use medical marijuana in a public space and he would like to see medical marijuana use protected. Larson statute prohibits medical marijuana is public places. Larson expressed this is a valid point and one of many questions that will need to be addressed by the legislature. Bakken would like a copy of the city’s ordinance to set up their own rules. Libby pointed out medical use is a lawful use, and that low potency edibles are not smoked or drank so they don’t need to be addressed specifically. Kronmiller, seconded by Cusick, moved to add word Unlawful to Section 120.03 to address medical use as lawful. Motion passed 4-0. Kronmiller, seconded by Cusick, moved to approve Ordinance 2023-06 with amendments establishing prohibition of smoking and drinking of cannabis flower, cannabis products, or hemp-derived consumer products in public places of. Motion passed 4 – 0. DENSITY MANAGEMENT DISCUSSION City Planner Hofer recommended amending the UDC to define density as being enforced in quarter/quarter sections which will allow the city to manage and track density more efficiently. Mayor Maefsky indicated they have always defined it that way. Morell pointed out there is a need for a definition in the UDC to interpret the quarter sections. Hofer will bring an amendment to the Council for review. Once approved the Comprehensive Plan should also be updated. WASTE MANAGEMENT NEGOTIATION EXTENSION City Administrator Morell reported that there is an Organized Collection Agreement in principal between WM and the City for a seven year period per the requirements of Minnesota Statutes for trash and recycling for residential service only. City Staff has been meeting with Washington County on the new Solid Waste Ordinance. Staff plans to bring the draft ordinance to the September work session. Benson, seconded by Kronmiller, moved to extend the negotiating period that ends August 7, 2023 another 30 days, with the option of additional extensions. The motion passed 4-0. SIMPSON EASEMENT UPDATE Morell, Fischer, Lubke, and Cusick met with Simpson on his property and walked the proposed easement a report and comments by Lubke were provided for information for Council review. Scandia City Council Work Session August 2, 2023 Page 3 of 4 PURCHASE OF TANDEM AXLE PLOW TRUCK Public Works Director Fischer requested approval to replace the 2011 Mack Tandem Plow truck including Towmaster accessories as scheduled for replacement in the city’s Capital Improvement plan for 2023. Pricing is expected to increase 15% under the state contract effective September 1, 2023. Fischer was able to obtain a quote effective with current pricing even though the truck will not become available until 2024. The quote will expire at the end of August 2023. The new Mack truck would match two of the vehicles in the fleet. Another truck purchased from a different vendor prior to Fischer has been found substandard and troublesome. It is more efficient for staff to standardize the fleet for use, maintenance and to be able to swap accessories. The current quote of $340,508 is over the budget of $325,000 in CIP. However, the trade-in value will bring the cost down to below $325,000. Payment will be required upon delivery of the truck. Equipment Certificate bonds will be used to fund the purchase. Benson, seconded by Kronmiller, moved to approve the purchase of a Mack Granite Tandem Cab/Chassis for $168,655.20 and the purchase of the dump body and plow equipment through Towmaster for $171,830.00, with the understanding the current vehicle and plow equipment will be traded in to the dealership upon deliver. The motion was approved 4-0. BOXCAST STORAGE Morell reported that the city has been storing meeting videos on Boxcast since 2018. Currently there are 4 years of meetings stored on the service. Storage costs are currently $185 per month and increase every month with additional meetings stored. The City is only required to keep audio and video of meetings for 3 months after the approval of minutes. Staff is requesting direction on Council’s direction on amount of audio/video meeting storage. Benson, seconded by Kronmiller, moved to keep meetings stored on Boxcast for 12 months. Kronmiller requested staff to investigate other storage options. The motion passed 4-0. 2024 DRAFT PRELIMINARY BUDGET Morell presented an updated 2024 proposed budget with a current police contract (8.9% increase over 10% projected) and some correction in staff wages. The projects in the four Capital funds were reviewed. 401 Fund – $250,000 Internet expansion. May not need this whole amount but keep in as federal funds become available in the next 18 months and it becomes possible to finish the expansion next year under an expedited DEED program. Bliss stormwater delayed so moved from 2023 to 2024. Update warming house locks $17,540. There are new Community Center improvements required as the gas stove needs to be replaced due to a gas leak. The wall behind the dishwasher wall needs to be replaced due to mold build-up. Cost is expected to be $40-$50,000 for both. 404 Fund –Fischer provided an updated rink board replacement of $175,000 for new boards. There may be options for used hand boards. $125,000 repaid, resurface tennis courts and repaint for pickle ball courts as well as some cost sharing with Elim Church’s Barton Johnson court. This can be paid with a transfer of $200,0000 from the General Fund that is currently at 70% of Scandia City Council Work Session August 2, 2023 Page 4 of 4 next year’s expenses. These two projects are top items from the Park Plan and public survey. Benson asked why new boards instead of used. Fischer indicated the current boards were refurbished from indoor use and not UV protected material. New boards would be treated to provided protection from weather reducing maintenance and replacement costs. Another option would be to buy used frames and use new boards. New boards were quoted in case there are no used boards available and affordable. Maefsky would like to explore second-hand boards. 406 fund – Morell reported the Fire Tanker $425,000 would require a down payment to order the chassis. $325,000 plow truck should be less with the trade-in. Fischer is still working on getting quotes on the skid steer & F550 truck replacements. The Kubota mower was replaced in 2023. 408 fund – The original plan was for $10 million in road projects over the next 3 years. Currently proposed is a $4 million bond at 5% adding $385,000 to levy in starting 2025. Fischer reported 2023 road ratings show rapidly deteriorating roads and the need to catch up from years of not doing any road improvements between 2018 and 2023. The goal is to take care of the lowest rated roads now with smaller projects in between to keep up, and another big project in 4 to 4 years. There is the need to consider contractor availability, which will become limited next couple years with so much funding becoming available. Morell reported that City Engineer Goodman need to do preliminary work this fall for next year’s road construction project. Council asked what the budget would look like if the tax rate were to remain relatively the same. Morell indicated we would need to remove about $161,000 from budget to keep tax rate the same, which would probably come from capital projects. Morell led the discussion on the need to update the wage scale from the 2019 salary study. The Two employees are at the end of the scale and the scale needs to be adjusted for inflation to reflect current market shifts. Staff is obtaining cost estimates to get this updated. ADJOURNMENT Benson, seconded by Kronmiller, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 804: p.m. Respectfully submitted, Colleen Firkus City Treasurer