06.a1 Draft minutes 09-19-2023 Regular meetingSeptember 19, 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.
Acting Mayor Steve Kronmiller 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, and Mike Lubke. Mayor Christine Maefsky was absent.
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 Treasurer Colleen Firkus.
APPROVAL OF AGENDA
Benson, seconded by Lubke, moved to approve the agenda. The motion carried 4-0.
LAW ENFORCEMENT REPORT
Deputy Henry Gibney highlighted school bus safety reminders in the sheriff’s newsletter and
reviewed the citation and incident report for the month of August.
PUBLIC FORUM
Scandia Good Neighbor Proclamation – Dale Hanka TABLED UNTIL NEXT MONTH
There were no public comments.
CONSENT AGENDA
1. The following Consent Agenda was presented:
a) Minutes
1) August 15, 2023, Regular Meeting
2) September 6, 2023 Work Session
b) Treasurer’s Report
c) Payment of Vouchers
d) Approve Application for Excluded or Exempt Lawful Gambling Permit, Scandia Women’s
Softball (November 17, 2023 Turkey Bingo)
e) Approve contract for safety training services with SafeAssure Consultants, Inc and approval
of payment to SafeAssure Consultants Inc in the amount of $3,940.92 for services to be
rendered between October 1, 2023 through September 30, 2024
f) Authorize the hiring process for Public Works and Parks Winter Seasonal Employees
g) Approve Hiring Seasonal Program Instructors, Assistants & Winter Recreational Programs
h) Approve Updated Tourism Vision and Mission Statement from the Tourism Committee
i) Approve Jabas Program Agreement for Tai Chi class
Lubke, second by Benson, moved to approve the Consent Agenda as presented. Motion
carried 4-0.
CONCEPT PLAN FOR LAUREL RIDGE SUBDIVISION ON 205TH ST. N.
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September 19, 2023
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City Planner Hofer presented the updated concept plan from the previous council meeting in
response to the moratorium on development in the V-N district. The new concept shows 18 lots
instead of the previously proposed 13 lots, and the new road was eliminated. The applicant stated
street improvements would have to be waived for the new concept to be viable. Waiving the street
improvements could be accomplished in a development agreement that would include provisions for
when the improvements would be constructed in the future. Since an informal discussion between the
Council and the Applicant, public comments that have been received by Council will be addressed at
the public hearing when the application moves forward. The Applicant is looking for direction and
support from the Council for this altered concept plan that requires a variance. Attorney Larson
agreed that a Development Agreement is the best approach to protect the interests of the city and
address variance issues, and that the moratorium on development in the V-N district is tabled
indefinitely. If the moratorium is adopted it may apply in full effect to the Laurel Ridge concept.
Larson doesn’t recommend eliminating the possibility of the moratorium to protect the legal interests
of the city until the actual planning application is submitted and processed. At that point the Council
can exclude the project from the moratorium. Mitch Johnson asked for Council direction as felt he
has gone as far as he can with the plan without further direction. Council member Kronmiller stated
the development fits the character of the neighborhood. Council member Cusick is in favor of the
proposal. Council member Benson asked for clarification of number of allowed lots. Bonus density
applied to lots with a minimum of 40 acres and this lot is half an acre short of that amount. Also, the
area is zoned Village Neighborhood and bonus density does not apply to that zone. Benson is not
concerned about 8 lots proposed if 7 lots are allowed as long as it is in agreement with the
Comprehensive Plan. Cusick pointed out it should be considered a full 40-acres if it meets a certain
percentage. Lubke like the look of the development, but wants to make sure approval is based on the
city’s codes. The Council supported the current concept.
PUBLIC HEARING
ON-SALE-SUNDAY INTOXICATING LIQUOR LICENSE FOR REDEEMED FARM
Administrator Morell presented a staff report for On-Sale-Sunday Intoxicating Liquor License which
recommends approval for Redeemed Farm. Jeff Gacek said in their operations for the past 7 years
alcohol has been served at all their functions by hiring a bar service. Gacek would like to have more
control over the serving of the alcohol and would like to keep the liquor sale money in Scandia to
reinvest in their event center. Since the property is both a personal residence and commercial
property, a PUD and a Rezone for the liquor license is required.
Acting Mayor Kronmiller opened the public hearing at 7:32 for public comment. There were no
public comments. Benson, second by Lubke, moved to approve Resolution 09-19-23-01
approving an amendment to the future land use map in the 2040 Scandia Comprehensive Plan
for PID 16.032.20.31.0006 located at 12680 Scandia Trail N., and PUD with conditions. Motion
carried 4-0.
Benson, seconded by Cusick, moved to approve Ordinance 2023-11 to rezone from AG Core to
Rural Commercial and Planned Unit Development. Motion carried 4 – 0.
Benson, seconded by Cusick, moved to approve Resolution 09-19-23-02 approving Findings of
Fact for Rezoning Parcel ID 16.032.20.31.0006. Motion carried 4-0.
Benson, seconded by Lubke, moved to approve Resolution 09-19-23-09 providing for the
summary publication of Ordinance No. 2023-11 approving an amendment to the official zoning
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map to rezone PID 16.032.20.31.0006 from AG-Core (AG-C) to Rural Commercial (R-C) and
Planning Unit Development (PUD). Motion carried 4-0.
PARK & RECREATION COMMITTEE
Zauner reported on Taco Daze with 12 teams for the Pickleball tournament, as well as a waiting list,
and looking forward to adding more courts. The new playground dedication went well and Midco
Days had a good turnout. Star gazing with Mike Lynch has been rescheduled for September 7th.
PLANNING COMMISSION
Variance at 12632 182nd Street. Applicant Dennis Palkert is requesting approval of an after-the-fact
Variance for a patio that was constructed and encroaches into the ordinary high-water level (OHWL)
setback. The existing structure was approved through a variance in 2020 that allowed for the
construction of a home and patio with a 71.6 ft. setback from the OHWL of Big Marine Lake. The
applicant expanded the development beyond the approved site plan and the variance with the
construction of a fire ring patio approximately 14 ft. from the OHWL and an additional pa tio located
near the house 62.6 ft from the OHWL. Both of these impervious surfaces were illegal
nonconformities. Since then, the applicant has worked with city staff to bring the site into
conformance. Also, the applicant removed the fire ring patio while working with the Carnelian-
Marine-St. Croix Watershed District. The CMSWD does not support the requested variance. City
Planner Hofer recommends denial of the variance. Applicant could reduce the structure to meet the
previously approved setback which will require an Administrative Permit.
Kronmiller, seconded by Cusick, moved to approve Resolution 09-19-23-04 to Deny a Variance for
an Expansion of a Principal Structure located at 12632 182nd Street N, PID 33.032.20.31.0017.
Motion carried 4-0.
Amendments to the City’s Unified Development Code regarding Signs, Livestock, Definitions for
Yards, and Short-Term Rentals. Ordinance No. 2023-12
City Planner Hofer proposed an ordinance that consolidates four separate ordinances that were
considered by the Planning Commission at their September 5, 2023 meeting that will correct
omissions and errors in the UDC. The ordinance proposes the following changes to the UDC:
• Amending vacation and short-term rentals to be a permitted use in all districts other than
I-P
• Removing domestic fowl standards from livestock standards
• Adding domestic fowl standards to the keeping of animal standards
• Referencing accessory structure setback section for livestock and keeping of animals
• Removing unnecessary use specific standards for vacation and short-term rentals
• Prohibiting pylon/pedestal signs were not historically accurate
• Amending the definition of rear yard to include an exception for riparian lots.
• Adding a maximum number of animal units for the definition of domestic farm animals
• Adding a minimum acreage in the definition of livestock already detailed in the use
standard
Lubke, seconded Kronmiller, moved to approve Resolution 09-19-23-05 Findings of Fact for
Ordinance 2023-12 for an Amendment to the Unified Development Code. Motion carried 4-0.
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Kronmiller, seconded by Lubke, moved to approve Resolution No. 09-19-23-06 Providing for
the Summary Publication of Ordinance NO. 2023-12, and approving An Ordinance 2023-12
Amending Chapter 153.300.020-2 Table of Uses, 153.300.030 Use Specific Regulations, Section
153.400.100 Signs, Section Chapter 153.600.020 Definitions of Dimension, Measurement,
Structure and Subdivision, Section 153.600.030 Definitions of Use, Standards and Term.
Motion carried 4-0.
Variance at 18884 Layton Avenue. Joseph & Katherine Reinhardt, Applicant. Resolution No. 09-
19-23-03
City Planner Hofer reported that the applicant is seeking an after-the-fact Variance from the required
wetland setbacks for a driveway they constructed on their property to gain access from Langly Ave.
to the rear portion of their property. The applicants requested and were granted the same variance in
October 2018, but the variance expired without the conditions of approval being met. The conditions
for the variance were outlined in the Planner’s report. Previous Engineering Standards only allowed
one driveway per Residential Property. Current Standards allow a second driveway through an
Administrative Permit. Since the entire southern half of the parcel where the driveway is located is
occupied by a wetland, staff suggested alternative access off Layton to the Langley parcels, which
would not impact the wetland along the south side of the applicant’s house. At their September 5,
2023 meeting, the Planning Commission recommended denials of the variance with findings. The
applicants spoke at length regarding their request. They disputed the presence of the wetland, asking
the Council who put it there and when because it does not show up on the title to their house. The
applicants provided a document from Chicago Title and two maps from Washington County that did
not show the wetland. They stated the proposed alternative access was unsuitable in 20 18 and
remains unsuitable now. The distance between the house and the property line is not wide enough for
vehicle access without removing trees and running over septic lines that run from their house to a
shared tank on the neighbor’s property. The applicants stated that the City staff and the Council are
not doing their jobs and are abusing their power by putting a lien on their house, which was placed
there by the DNR when the driveway was not granted a permit or removed in 2018. The applicant
alleged the City manufactured the wetland by improperly maintaining drainage culverts in the
neighborhood. Councilmember Kronmiller stated if the Council approved a variance, the same
conditions would be applied to it that were applied in 2018. The applicant stated he would not abide
by those conditions.
Benson, seconded by Cusick, moved to approve Resolution 09-19-23-03 Denying an After-the-
Fact Variance to allow a driveway Occupying a Wetland for 18884 Layton Ave. N. Motion
carried 4 -0 with a roll call vote.
SCANDIA INTERNET ACTION COMMITTEE
No report at this time as meeting this coming week.
TOURISM COMMITTEE
Tourism Chair Sue Dickens participated over Zoom and reported that artwork for Vinterlights is
in process.
WASTEWATER COMMITTEE
The Wastewater Committee did not meet in August. Next meeting is in October.
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September 19, 2023
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BUILDING OFFICIAL
The August building activity report was in the meeting packet. In August, 32 building permits
were issued at a valuation of $691,017.
FIRE DEPARTMENT
Fire Chief Hinz reported on the fire Department’s August activity. One member is out on medical
leave. The department is continuing to work on a Firefighter memorial with a dedication planned for
October 8th at 2:00 and is open to the public and former fire fighters. Fire Prevention week will be
capped with an Open House October 10th from 5:00 to 7:00 p.m. Chief Hinz reported that the Utility
Truck was scheduled to be replaced last year, but a supply shortage and a shortened order window
prevented his ability to get one ordered. Hinz is looking for preapproval on a purchase if a truck
becomes available as long as the cost is within 2023 budget. It looks like it may come in $10,000 less
than budgeted. Administrator Morell stated there are sufficient funds to pay for this without bonding.
Ordering time is limited and Hinz will need to act fast. Benson, seconded by Cusick, moved to
preapprove the replacement of the Utility Truck up to $86,500. Motion carried 4 – 0.
CITY PLANNER
Rolling Acres 61 Final Plat. Resolution No. 09-19-23-07
Planner Hofer reported the applicant is requesting approval for a final plat to subdivide a 61 -acre
parcel into a single-family residential development and preserved open space with seven new lots
and three outlots. Outlot A will be placed in a conservation easement and Outlot B will be in a
conservation easement and continue to be used for agriculture purposes. Outlot C will be a
stormwater pond and will be dedicated to the City. Parkland dedication fees will be requested in lieu
of land. A Developers Agreement will be brought to a future meeting.
Benson, seconded by Cusick made a motion to approve Resolution 09-19-23-07 to approve a
Final Plat for “Rolling Acres 61” located at Parcel 30.032.20.22.0004. Motion carried 4-0.
CITY ENGINEER
Engineer Goodman noted he will have draft CIP comments for the Council on the Washington
County’s Capital Improvement Plan, once it is released, which will include seeking Gateway Trail
funding in the County CIP as well as pursuing other grant opportunities. Goodman participated in a
productive meeting with the County and DNR on long-term plans for the Gateway Trail. Washington
County completed construction for the centerline sinusoidal rumble strips on Manning Ave; a type of
shallower rumble strip that projects less noise to adjacent properties than traditional rumble strips.
Goodman requested the 2nd and final payment of $13,276.48 for the 2023 Crack Filling and Seal
Coat Project. Favorable bids allowed them to add Parkview Lane and Parkview Avenue to the project
and still stay under budget.
Cusick, seconded by Benson, moved to approve Contractor’s 2nd and Final Payment Request
for $13,276.48 to Allied Blacktop Company for the 2023 Crack Filling and Seal Coat Project.
Carried 4-0
DIRECTOR OF PUBLIC WORKS
Public Works Director Fischer reported on department activities in a written report. Fischer
highlighted a DNR ReLeaf Grant through a ReLeaf Community Forestry Grants Program geared
towards assisting communities with populations under 20,000. The Washington Conservation
District (WCD) is working to gather as many communities together and apply for the grant a s a
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September 19, 2023
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whole in lieu of each community applying individually for grants. The WCD will apply for the grant,
oversee the implantation of the tree inventory, develop a tree management plan in coordination with
City staff, and provide removal and replacement strategies for EAB infested trees. The tree inventory
and management plan through this grant will be the most beneficial part of this program with no cost
to the City and set the City up for applying for anticipated future funding for EAB infested tree
removal. Sites selected for the tree inventory include: Community Center grounds, the three
ballfields, Hay Lake Park and Lilleskogen Park.
CITY ATTORNEY
The City Attorney had no report at this time.
CITY ADMINISTRATOR
There were no questions for Administrator Morell on his report.
RESOLUTION NO. 09-19-23-08 CERTIFYING THE MAXIMUM TAX LEVY FOR 2024
Administrator Morell asked for questions on the budget presentation. Morell reviewed the budget
changes made after the last work session which restored the IAC funding request and the effect on
tax rate was negligible. Upcoming meetings with Midco will hopefully provide concrete numbers for
the CIP. The General Fund levy has $62,000 unallocated at this point to cover wages resulting from
union negotiations and other unknown increases. The total preliminary levy is $3,021,852. Morell
believes there is sufficient fund balance to absorb any unexpected expenditures. Benson, seconded
by Cusick, moved to adopt Resolution No. 09-19-23-08 to Certify the Maximum Preliminary
Tax Levy for 2024.
ADOPTING A DATE FOR TRUTH-IN-TAXATION HEARING ON THE 2024 BUDGET
Benson, seconded by Lubke, moved to set the Truth-in-Taxation hearing on December 6, 2023
at 6:30 p.m. Motion carried 4 – 0.
CINNAMON BUN DAY PROCLAMATION
Lubke, seconded by Benson, moved to approve the Scandia Cinnamon Bun Day Proclamation.
Motion carried 4 – 0.
WASTE MANAGEMENT AGREEMENT DISCUSSION
Administrator Morell reported he received the revised contract this morning. Waste Management has
rejected the change of deferring non-payment of accounts until after the tax settlement is paid.
Section 4.6 states the payment from the City will be required 60 days within certification to the
County of unpaid accounts. Morell will ask for a longer time period than 60 days as the city will not
be reimbursed until the tax settlements are paid at mid-year and at the end of the year.
Another revision is the requirement to notify the city and customers within 2 hours of a missed
pickup, from the requested 1-hour notification. The contract does state a missed pickup must be
picked up the next day or a Saturday.
The contract stipulates it will provide labor and equipment for solid waste and recyclables to all
Residential Dwellings of the city which could be interpreted that all residents could be forced to use
WM services. This conflicts with the new trash ordinance language which allows residents to select a
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September 19, 2023
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reasonable alternative. Morell recommends not signing the contract without c hanging this language
so it is consistent with the new ordinance.
Morell will gather more information on other cities experiences with a WM contract as he reported to
the Council one city’s poor experience reported to him by a Scandia resident who worked for that
city.
SOLID WASTE ORDINANCE REVIEW
Administrator Morell has presented the Council with a potentially final version of the new Solid
Waste Ordinance and it is ready for review and approval.
ADJOURNMENT
Cusick, second by Benson, moved to adjourn the meeting. Motion carried 4-0.
The meeting adjourned at 9:40 p.m.
Respectfully submitted,
Colleen Firkus
City Treasurer