5.a)3) Minutes 09-10-13 , � s a� 3�
September l0, 2013
A Work Session meeting of the City Council was held on the above date. Mayor Simonson
called the meeting to order at 6:30 p.m. The following were present: Mayor Randall Simonson,
Council members Dan Lee, Jim Schneider, Sally Swanson, and Chris Ness. Staff present: City
Administrator Kristina Handt, Maintenance Superintendent Tim Kieffer, and Deputy Clerk
Brenda Eklund. Police Deputy Chris Majeski was also in attendance.
APPROVAL OF THE AGENDA
Council member Swanson added a discussion about Taco Daze to the agenda. Mayor Simonson
noted this as Agenda Item 8). Lee, seconded by Ness, moved to approve the Agenda as
amended. The motion carried 5-0.
DISCUSS SOCIAL HOST ORDINANCE
Rose Hauge, a Drug Free Community Coordinator with the Chemical Health Action
Collaborative (CONNECT), presented information on social host ordinances which many
communities in the state have adopted to deter the use of alcohol by minors. A social host
ordinance makes it unlawful to provide an environment where underage drinking takes place.
Violations are punishable through a misdemeanor offense with a maximum penalty of 90 days in
jail and a$1,000 fine. The ordinance would not apply if the parents had no knowledge that
underage drinking occurred at their residence.
Deputy Chris Majeski spoke in favor of this ordinance and stated that he could have enforced
this at least once in the past year. Forest Lake has issued six citations since adopting the
ordinance three years ago.
Administrator Handt explained that the draft ordinance provided for the meeting was modeled
after Woodbury's ordinance which provides a definition of reasonable steps taken by a person
hosting an event in order to prevent underage consumption of alcohol.
Council member Swanson noted that a social host ordinance could make a parent think twice
about condoning the use of alcohol by minors. Mayor Simonson agreed that the ordinance could
deter this activity from happening. Simonson went on to state that Deputy Majeski has good
reasons to support the ordinance and it is not an unreasonable one.
Council member Lee stated that the city doesn't need more laws when it's already unlawful to
provide alcohol to minors. Parents may not have control over every situation, but should be the
responsible party to monitor these activities. Lee stated that he did not see how this ordinance
could help.
Ms. Hauge answered that it's a tool to help parents say"no"to allow alcohol at a party.
Simonson stated that the ordinance could help law enforcement do their job and it's good for the
community.
Simonson,seconded by Swanson, moved to direct staff to prepare the Social Host
Ordinance for the September 17 Council meeting agenda. Council discussion --Ness : It's
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there as a deterrent not as punishment and it works; Schneider—in favor; Lee: It would be
hard to enforce and would not make a difference in keeping minors from drinking. It
should be the personal responsibility of parents to teach kids that underage drinking is
against the law. Council passed the motion 4-1,with Lee opposed.
2014 BUDGET: CERTIFY MAXIMUM PROPERTY TAX LEVY PAYABLE IN 2014
(RESOL UTION NO. 09-10-13-01)
The preliminary levy for taxes payable in 2014 must be certified to Washington County by
September 16. The Council may make changes to the budget prior to its adoption in December,
but the levy may not be increased. Handt explained that she provided various options for the
Council to consider based on the discussion at the August 27 budget work session. One option,to
provide a$10,000 increase in the levy for EDA and HRA purposes, would raise the levy 0.46%
over last year.
If the Council decides on a 0% increase and wants to allow for some amount of levy for
EDA/HRA purposes, then the general fund levy would have to be reduced by this amount. Handt
explained that it could be possible to not fund the EDA through a levy in 2014, but allow for an
interfund loan transfer to the EDA to cover operating expenses. This loan would be repaid to the
General Fund by the EDA in 2015 with tax levy dollars.
Handt noted that preliminary information from Washington County shows a 9.8%decrease in
property values. Even with a slight increase in the levy, a property owner will see a decrease in
the city portion of their tax bill.
Simonson stated that it's important to stick with the 0% increase. There may be a need to fund
some expenses for the EDA, but the Board is not sure what that is.
Swanson said that the EDA has only had one meeting and haven't projected operating costs yet,
but allowing for an interfund loan transfer makes sense.
Schneider stated that he favored Option D—a 0% levy with no levy for the EDA.
Ness suggested a$1,000 levy to fund miscellaneous costs such as postage or printing costs.
Lee favored Option C, a 0% levy with a $5,000 levy for EDA purposes. Lee explained that the
EDA Board would be good stewards of the fund, but that it wouldn't go far if a consultant were
hired.
Handt stated that there are ways to remove $5,000 from the General Fund by December. Quotes
for health insurance and audit services are being gathered and it is anticipated that these expenses
will be lowered in 2014.
Simonson stated that he is in agreement with Option C. Schneider said that $5,000 is too much
but could support a $1,000 levy for EDA.
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Swanson, seconded by Lee, moved to approve Resolution No. 09-10-13-01C, Certifying the
Maximum Property Tax Levy Payable in 2014 (0% levy increase and $5,000 levy for EDA
purposes). Roll call vote: Lee—yes; Ness—no; Swanson—yes; Schneider—no; Simonson —
no. The motion failed 2-3.
Ness,seconded by Schneider, moved to approve Resolution No 09-10-13-01D with an
amendment to allow a $1,000 levy for EDA purposes and lower the General Fund by
$1,000,with a 0% increase to the total property tax levy. Roll call vote: Ness—yes;
Swanson—no; Schneider—yes; Lee—no; Simonson —yes. The motion carried 3-2.
SET DATE FOR PUBLIC MEETING ON 2014 BUDGET AND TAX LEVY
Council set December 10, 2013 at 6:30 p.m. as the public meeting date for the 2014 Budget and
Tax Levy hearing.
REVIEW DRAFT SPECIAL ASSESSMENT POLICY
Handt presented a draft assessment policy for the purpose of assessing and financing initial
pavement and street reconstruction, as directed by the Council following discussion on
assessments at the July and August work sessions. Seal coating and crack filling will continue to
be funded by the Public Works budget in the general fund, while mill and overlays would be
funded from the new Local Road Improvement Fund.
Handt explained that the section on paving gravel roads is consistent with previous township
policy. The total bituminous cost is assessed at 75%on non-collector roads, and 25%on
collector roads. Collector and non-collector roads are identified in the Comprehensive Plan.
Construction of new streets is assessed at l 00%to the benefiting property owners, generally paid
for by the developer.
Council discussed the level for assessing the reconstruction of streets. It was decided to term this
"full depth reconstruction"to indicate that a new base is needed to bring the road up to
engineering standards. The draft policy sets an assessment rate of 75%of the costs to benefitting
properties.Ness stated that this is too high. Schneider agreed and stated his position against any
assessments for reconstruction, as the property was assessed once and shouldn't be reassessed.
Swanson countered that 20-year old roads are falling apart and it is a common practice for cities
to assess for reconstruction.
Council directed staff to modify the draft policy by designating a 70/30 cost share for full depth
reconstruction (30%of costs to property owner). Handt will research language on prepayment of
assessments and clarify this section. The Council will continue to discuss the Assessment Policy
at the October work session.
REVIEW STORMWATER MANAGEMENT PLAN
Public Works Director Tim Kieffer presented a Stormwater Maintenance Plan to monitor and
maintain the city's stormwater infrastructure as requested by the Council. The policy lists the
maintenance tasks such as ditch cleaning, street sweeping, repair and cleaning of catch basins,
and inspection and cleaning of stormwater ponds, along with a maintenance schedule. Kieffer
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explained that he is using current department staff and equipment as best as he can on these jobs,
but more staff would be needed to perform all the work. Some work, such as reshaping ditches,
is being contracted out as the budget allows.
Council members were in consensus that it is a well-written policy and commended Kieffer on
his work.
Simonson,seconded by Ness, moved to place the Stormwater Maintenance Plan on the
September 17 Consent Agenda for approval. The motion carried 5-0.
DISCUSS FUTURE WORK SESSION DAYS
Handt recommended the Council consider changing work session meetings from the second
Tuesday of the month to the first Wednesday of each month. This would allow attendance by the
Fire Chief and provide additional time for staff to follow up on items that go on the regular
Council meeting. Council was in consensus with this recommendation.
Lee, seconded by Ness, moved to place an amendment to Ordinance No. 91, City Council
By-laws by changing the Council Work Session meeting dates to the frst Wednesday of
each month at 6:30 p.m.,on the September 17 meeting agenda. The motion carried 5-0.
The change in work session dates will take effect on Wednesday, October 2, 2013.
ADDITION TO AGENDA: TACO DAZE ISSUES (COUNCIL MEMBER SWANSON)
Swanson stated her frustration with the Park Committee in how they ran the dodgeball
tournament during the Taco Daze event on September 7. The Committee decided to recruit
volunteer referees rather than pay them, which she felt resulted in no one being scheduled to
referee. She recruited three students at the last minute and reyuested payment for them at the
Park Committee meeting on September 9, especially due to the hot conditions and the five hours
that they volunteered. The Committee denied the request. Swanson felt this is an embarrassment
to the City given the fact that the tournament generated revenue from 16 teams.
Handt explained that the Committee designated member Rasmussen to be in charge of lining up
volunteer referees. Swanson replied that the other members should have offered more support.
Swanson explained that in answer to a yuestion to Chair Zauner about what if there were no refs
on Saturday morning, Swanson was told the tournament would have been cancelled. Swanson
stated that this would have been totally unacceptable at the last minute.
Simonson stated that there is a competency problem with the Parks Committee and it may be
beneficial to install policies and plans for each event the Committee sponsors so that they can be
more organized. Contingency plans and written guidelines should be in place so that things do
not fall through the cracks.
Council agreed that the Parks Committee should be invited to attend the October 2 work session
for a discussion about these issues and expectations of being a member of the Committee.
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ADJOURNMENT
Ness, seconded by Lee, moved to adjourn the meeting. The motion carried 5-0.
Respectfully submitted,
Brenda Eklund
Depury Clerk