06.a1 Draft minutes 08-15-2023 Council Meeting
August 15, 2023
A regular meeting of the Scandia City Council was held on the above date in the Council
Chambers. 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 Maefsky called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, 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: City
Administrator Kyle Morell, City Attorney Eric Larson, City Planner TJ Hofer, City Engineer
Ryan Goodman, Deputy Henry Gibney, Fire Chief Mike Hinz, Public Works Director Charles
Fischer, and City Clerk Brenda Eklund.
APPROVAL OF AGENDA
Mayor Maefsky announced that the Sister City Committee will provide a report during the Public
Forum.
Kronmiller, second by Benson, moved to approve the agenda as amended. Motion carried
5-0.
LAW ENFORCEMENT REPORT
The citation and incidents report for the month of July was provided in the meeting packet.
Washington County Commander Harris reported on the resignation of former Deputy Boesel due
to the new position he has taken with Chisago County. Commander Harris introduced Deputy
Henry Gibney as the assigned Scandia deputy effective August 16, 2023. Gibney has been with
the Washington County Sheriff’s Department for close to 3 years and is a member of the MN
Army National Guard.
PUBLIC FORUM
Lynne Moratzka, Gammelgarden Museum Director, presented a request on behalf of the Sister
City Committee for a donation of $250 towards a dinner banquet during the September 5-11 visit
of Mellerud, Sweden Sister City guests. Moratzka said they plan to show the same hospitality as
Scandia visitors to Sweden received in July. Moratzka said donors are covering costs for other
activities.
Maefsky, second by Benson, moved to support costs for a Sister City banquet with a $250
donation. Motion carried 5-0.
There were no other public comments, and the Public Forum was closed.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) July 18, 2023, Regular Meeting
2) August 2, 2023 Work Session
b) Treasurer’s Report
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c) Payment of Vouchers
d) Approve Special Event Permit for Meisters Bar & Grill – September 9, 2023
e) Approve Best of Scandia Event Vendor Registration Fee
f) Authorization for Meister’s Bar & Grill to sell beer at Taco Daze Beer Garden,
September 9, 2023
Kronmiller, second by Cusick, moved to approve the Consent Agenda as presented. Motion
carried 5-0.
OLD BUSINESS (Continued from July 18, 2023): CONSIDERATION OF PETITION
FOR VACATION OF A PUBLIC WAY FOR PEDESTRIAN USE TERMINATING AT
GOOSE LAKE (RESOLUTION NO. 08-15-23-01) AND CONSIDER AN ALTERNATE
DEDICATED EASEMENT ACCESS TO GOOSE LAKE (RESOLUTION NO. 08-15-23-
02)
On April 17, 2023, Jim and Peggy Simpson presented a petition to the City Council to vacate and
relocate a portion of the pedestrian easement which abuts their property at 14789 Oren Road.
The 20’ wide easement terminates at Goose Lake. The City Council held the public hearing on
July 18, 2023, then tabled a decision to allow time to gather additional information.
Mayor Maefsky announced that this is not a public hearing; no comments will be heard, only
Council discussion.
Council member Kronmiller said he recalled statements that have been made in the multiple
times this has been presented to the Council, with some being questionable statements that
bothers me to not have facts and to make accusations. Kronmiller said he spoke with Simpson
and walked the trail, and noticed that the only portion of the easement that appears traveled is a
portion near the lake – most of the trail is in Outlot B. If residents are using the easement all
these years, it does not appear so.
Council member Kronmiller directed questions to Mr. Simpson regarding the newly constructed
agricultural building, the removal of the barbed wire fence abutting the trail, and knowledge of
the easement when the property was purchased. Mr. Simpson said the ag building was properly
permitted by city staff, the fence was in disarray and removed for improved farming practices,
and he was not aware of the easement when he entered a purchase agreement for the property.
Council member Kronmiller said the city must decide what is best to do for the whole city.
Kronmiller asked Simpson if he is willing to initially clear the new easement he is proposing to
dedicate as an alternate pedestrian trail? Simpson said yes, it will be very easy to navigate versus
the existing one, and he would provide culvert to improve the crossing of the wetland. Simpson
said he has the equipment to mow it periodically over the long-term. Kronmiller noted that the
existing 20’ easement is not maintained except for a strip of land that ends at Goose Lake.
Kronmiller said this offer to relocate the trail has potential to connect Oren Road to Oldfield, and
to build a loop trial around the lake. Kronmiller said the future value and potential is greater and
still allows access to the lake, with an option of utilizing the public landing without a whole lot
of effort. Kronmiller said the existing easement has little value to the city at large; there will be
better service with this proposal. Kronmiller said that where the easement physically lies is not
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used because the trail does not follow it, but rather about 20’ to the east. Pedestrians appear to
not be using the easement but going outside of it on Simpson’s property.
Council discussed the alternative option to end the easement at a 60’ strip north of the landing
that is owned by the city, now heavily vegetated. The DNR would require a permit to clear the
vegetation.
Council member Lubke said he walked the trail and the proposed relocated trail, and is looking
for an alternative to make the neighbors happy. Lubke said the north wetland was dry and the
alternative would appear to be a less wet area while still providing access to the lake. Lubke said
he is trying to find a solution, but cannot support the vacation at this time; the neighborhood was
told they have a trail easement to the lake when they purchased their property. If future
development occurs in this area, then the city could acquire park dedication for a possible trail
around the lake. Lubke said there is potential for trespassing on more landowners’ property with
the alternative trail.
Benson, second by Lubke, moved to adopt Resolution No. 08-15-23-01, Denying the Petition
to Vacate a Portion of a Public Way for Pedestrian Use Terminating Upon Public Waters.
Motion carried 3-2 with Cusick and Kronmiller opposed.
PUBLIC HEARING: INTERIM ORDINANCE NO. 2023-08 PROHIBITING THE
ESTABLISHMENT OF NEW USES RELATED TO THE OPERATION OF CANNABIS
BUSINESSES
City Attorney Larson explained the proposed interim ordinance to allow the city to extend a
moratorium on cannabis and hemp businesses to January 1, 2025. The purpose of the moratorium
is to allow cities time to review zoning codes for appropriate places for cannabis businesses to
operate. Larson stated that the interim ordinance exempts lawful cannabis products and industrial
hemp.
Mayor Maefsky opened the public hearing at 7:43 p.m. There were no comments and the hearing
was closed.
Kronmiller, second by Lubke, moved to adopt Interim Ordinance No. 2023-08, Prohibiting
Cannabis and Hemp Businesses in the City under Minnesota Statute Section 342.13(E).
Motion carried 5-0.
PUBLIC HEARING: INTERIM MORATORIUM ORDINANCE NO. 2023-09 ON ANY
AND ALL USES, DEVELOPMENTS, OR SUBDIVISIONS WITHIN THE CITY FOR
EXISTING VILLAGE DISTRICTS OR PROPOSED REZONING TO A VILLAGE
DISTRICT ZONING DISTRICT
Attorney Larson presented an interim moratorium on new development in the Village Districts as
proposed by the Council as it was looking at the Laurel Ridge concept plan at their meeting on
June 20, 2023. Larson explained that a major discrepancy in density between the 2040
Comprehensive Plan and the Unified Development Code was discovered, which triggered an
important zoning issue for the city to resolve. The City Council immediately enacted a
moratorium on June 20th, but in able to extend the moratorium to pending proposals, a public
hearing must be held. The hearing was noticed for this August 15th meeting.
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The effect of a moratorium will be on any and all pending housing proposals, affecting only
Laurel Ridge development. Larson said this is a policy issue for the council to decide – should a
pending development for greater than intended density be allowed to proceed. Larson noted that
the City received a legal opinion from the Laurel Ridge attorney that the proposed moratorium
would not apply in this case. Larson said he disagreed, and cited a similar MN Supreme Court
case from 2012 that was in favor of the affected city to allow a moratorium to protect the city’s
status quo. Larson said Scandia has the right and power to protect its zoning and planning
process in order to have the Comp Plan and the UDC work together, and state statute makes it
clear that the power extends to pending proposals. In this case, the
developer cannot assume they will be rezoned to Village Neighborhood. The Comp Plan gives
guidance but not a mandate.
Mayor Maefsky opened the public hearing at 7:56 p.m.
Jacob Stein, attorney for Laurel Ridge Development, said he represents the family and
developers. Stein said he is opposed to the moratorium and its extension to this project. Stein
said he is asking to develop the property consistent with the Comp Plan which provides clear
guidance for small lot, single-family development. Stein said that state law is clear that when
there is a discrepancy, the Comp Plan supersedes the development code. The action being
proposed is clearly intended to halt this project, and is clear that this proposal would gut the VN
guidance under the Comp Plan. Stein said they are not asking for special treatment or to get away
with something, just to allow the family to develop the property by relying on comp plan. Stein
said that state statute notes that in a discrepancy the development code needs to be brought into
compliance with the Comp Plan. Stein asked the Council not to pull the rug out from underneath
the family. Stein recommended the Council table a decision and schedule a meeting to work
collaboratively with all involved parties.
Council member Benson asked if there is a downside to tabling the ordinance. City Attorney
Larson said that timing of the application could be an issue. Attorney Stein stated that the
statutory 60-day clock to review zoning applications has not started.
Mayor Maefsky said the moratorium is not just for this project but for the whole Village districts.
Attorney Larson clarified that the June 20th moratorium applies to all developments in the
Village Districts, but not pending developments. This hearing is because of Laurel Ridge. If
tabled, the Council can still bring it back to pass the moratorium.
Council member Kronmiller said the error is in the Comp Plan, not the UDC. The city is looking
for more density but needs sewer service provided appropriately with common sewer systems in
these areas.
Attorney Larson said it’s more complex than that. The Comp Plan is finding the right place for
smaller lots in the Village districts. There is a possibility to work with the developer to find what
works here. Infrastructure to support the increased density in the comp plan is mentioned, and
this needs more discussion and analysis.
There were no other speakers, and Mayor Maefsky closed the hearing at 8:14 p.m.
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Kronmiller, second by Cusick, moved to table the interim ordinance to give opportunity to
have discussion with the project developer and staff. Motion carried 5-0.
PARK AND RECREATION COMMITTEE
Council member Benson reported on the August 7th PRC meeting. The Committee focused on
planning upcoming events – Midco Day on August 23rd, including the ribbon cutting for the
Little Library at Lilleskogen Park; the Community Center playground grand opening on August
30th; and Taco Daze activities with a pickleball tournament and star gazing at the Hay Lake
picnic shelter.
PLANNING COMMISSION
Rezoning and Conditional Use Permit for 19690 Maxwill Ave N. Steve Munson, Applicant.
Ordinance No. 2023-10 Rezoning; Resolution No. 08-15-23-03 (Findings of Fact); and
Resolution No. 08-15-23-04 (Conditional Use Permit)
Planner Hofer presented the recommendation from the Planning Commission to approve a
rezoning for property at 19690 Maxwill Avenue, and to approve a Conditional Use Permit to
allow an accessory structure exceeding the size permitted for the property. Hofer explained that
the rezoning meets the standards of the UDC, as does the standards to approve the CUP.
Watershed District comments were incorporated into the conditions of approval. Hofer
referenced a question that the Planning Commission had about a well that served the previous
cabin. The MN Dept of Health advised if the well is not in service, to follow the well closure
requirements. Hofer presented approvals for the rezoning and CUP in an ordinance and
resolutions. Hofer said that Washington County confirmed the application for the required lot
combination has been approved. If the lot combination application is rejected, the building
permit can then be revoked.
Benson, second by Lubke, moved to adopt Ordinance No. 2023-10, Amending the Official
Zoning Map to Rezone PID 29.032.20.14.0011 from Rural Residential General to Rural
Residential Neighborhood; adopt Resolution No. 08-15-23-03, Approving Findings of Fact
for Rezoning; and adopt Resolution No. 08-15-23-04, Approving Conditional Use Permit
for 19690 Maxwill Avenue North. Motion carried 5-0.
SCANDIA INTERNET ACTION COMMITTEE
Scandia Internet Action Committee met on July 20, 2023. The minutes were in the meeting
packet. Council member Kronmiller reported on Midco’s line extension projects,
TOURISM COMMITTEE
Tourism Chair Sue Dickens participated over Zoom and reported that the Committee is drafting a
tourism mission statement, researching possible signage banners for Vinterlights and the Best of
Shopping Extravaganza, inviting vendors to sign up for the event, and discussed “Evening
Adventures” and its promotion.
WASTEWATER COMMITTEE
The Wastewater Committee met on July 19, 2023. The minutes were in the meeting packet. City
Administrator Morell reported that Bolton & Menk staff attended and described funding
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opportunities for the sewer projects. The Committee discussed rate structures using water meters
for staff to research, with continued discussion at a future meeting.
BUILDING OFFICIAL
The July building activity report was in the meeting packet. In July, 11 building permits were
issued at a valuation of $649,709.00.
FIRE DEPARTMENT
Fire Chief Hinz reported on the fire department’s July activity. Last month the department
responded to 28 calls; 12 fires, 15 medicals, and 1 dive call. Hinz met with MHealth to discuss
issues with increased medical calls for a patient at a local group home that have risen to a
nuisance level. Mayor Maefsky recommended a letter be sent to the owner, asking for a patient
advocate.
May Township Fire Coverage Contract
Fire Chief Hinz provided a contract with costs for a 3-year service agreement for May Township
fire coverage, as has been done for many years. Hinz explained that the new contract provides
for an increase, with debt payments included in the expenses of the fire department.
Motion by Kronmiller, second by Cusick, to approve presenting the 3-year service
agreement to May Township as presented. Motion carried 5-0.
CITY PLANNER
Proposed UDC update for removal of 153.300.030 (GG)-Vacation or Short-Term Rentals
Planner Hofer presented a draft ordinance to eliminate the short-term rental regulations from the
Unified Development Code. The amendment would change the use to be permitted by rights, and
strike the need for an IUP standard.
Mayor Maefsky said any issues with short-term rentals can be handled through existing
ordinances, saying it would be a staff burden and unnecessary to license the properties. Council
member Kronmiller said the uses are not a problem now. Council was in consensus to direct staff
to bring the ordinance to the Planning Commission for a public hearing at their September 5th
meeting.
2040 Comprehensive Plan Amendment - Density
Planner Hofer presented draft language addressing the density disagreement between the 2040
Comprehensive Plan and the Unified Development Code that sets inconsistent density standards
in the Village Neighborhood Base Zoning District. The draft language to update the Comp Plan
are related to density, resulting calculations from changes to densities, and referenced the UDC
zoning ordinance. Hofer also proposed an update to the Future Land Use Map by moving the
western edge of the Village Neighborhood district further to the east, identified by the Council
on June 20th as an error in the map.
Table II-I – Current Residential Allowed Density Ranges
Land Use Category Units/Acres
(Ordinance Standards)
St. Croix River District 4/40
Agricultural Preserve 1/40
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When
density is regulated by a ratio that references 40 acres, those 40 acres shall be the area defined by the
Public Land Survey as Quarter-Quarter Sections. Until sewer improvements are made, zoning in the
Rural Mixed Use area will remain General Rural.
Council agreed that it’s important the Comp Plan and UDC be consistent and to not have it
confusing.
Planner Hofer explained that the Comp Plan update needs a longer review by affected and
adjacent jurisdictions for 60-day comment period, then a public hearing, followed by a review by
the Metropolitan Council.
CITY ENGINEER
Engineering Updates
City Engineer Goodman provided a report on engineering activities. The sealcoat project has
been completed, with a contractor’s request for payment at the next Council meeting.
2022 Street Improvement Project – Contractor’s Request for Payment No. 5 and Final
Benson, second by Kronmiller, moved to approve the Contractor’s Request for Payment
No. 5 and Final and pay $13,596.49 to Asphalt Surface Technologies Corporation. Motion
carried 5-0.
2024 Street Improvement Project – Authorize Plans and Specifications
City Engineer Goodman presented a map and timeline for the 2024 road project. Soil borings and
wetland delineations will be completed this fall. Goodman stated that the roadways being
improved were last paved in 1999 and have road ratings of 1-3 in this area. The City’s budget
has allocated $3.5 million for this project.
Kronmiller, second by Lubke, moved to authorize plans and specifications for the 2024
Street Improvement Project as recommended. Motion carried 5-0.
DIRECTOR OF PUBLIC WORKS
Public Works Director Fischer provided a report on department activities. Staff has been pothole
filling and making patch repairs on the roads, and began tree trimming with a new employee on
staff this month. Fischer has been working with vendors and plans to monitor effluents into the
sewer system, with potential metering of the lift stations. The Community Center playground
structure is in place, with the ground cover being installed later this week and sodding next week.
CITY ADMINISTRATOR
City Administrator Morell reported on Gateway Trail discussions with the DNR and Washington
County, including fiscal issues with the project. Staff is looking for completion in 2025 in order
to complete all spending by the grant funding deadline of June 30, 2027.
Agriculture Core District 4/40
General Rural District 4/40
Village Neighborhood District 4/40 1/2.5
Village Mixed Use A District 5/1 1/2.5
Village Mixed Use B District 5/1 1/2.5
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Waste Management Agreement Revisions
City Administrator Morell met with Council member Kronmiller to discuss concerns and
revisions to the contract regarding certification of overdue payments and delayed service due to
severe weather. City Attorney Larson stated that it’s important to align the updated trash
ordinance with the contract. A future Work session will review the draft ordinance.
Reinhardt Request to Waive Variance Fees
City Administrator Morell explained the variance application Joseph and Katherine Reinhardt
have submitted without payment and have asked the fees be waived based on their request that
numerous fees have previously been paid for this continued review. Council member Kronmiller
said that staff is basically reviewing the last application, requiring less staff time.
Kronmiller, second by Benson, moved to waive variance fees for Joseph and Katherine
Reinhardt. Motion carried 4-1, with Cusick opposed.
ADJOURNMENT
Kronmiller, second by Benson, moved to adjourn the meeting. Motion carried 5-0.
The meeting adjourned at 9:39 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk