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09-19-2023 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. SCANDIA CITY COUNCIL September 19, 2023 Page 2 of 7 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 SCANDIA CITY COUNCIL September 19, 2023 Page 3 of 7 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. SCANDIA CITY COUNCIL September 19, 2023 Page 4 of 7 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. SCANDIA CITY COUNCIL September 19, 2023 Page 5 of 7 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 SCANDIA CITY COUNCIL September 19, 2023 Page 6 of 7 District (WCD) is working to gather as many communities together and apply for the grant a s a 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 SCANDIA CITY COUNCIL September 19, 2023 Page 7 of 7 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