06.a1 Draft minutes 10-17-2023 Meeting
October 17, 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 Clerk Brenda Eklund.
APPROVAL OF AGENDA
Benson, seconded by Cusick, moved to approve the agenda. The motion carried 4-0.
LAW ENFORCEMENT REPORT
Deputy Henry Gibney reported on the statistics for Scandia calls, incidents and citations issued
in September.
PUBLIC FORUM
Scandia Good Neighbor Proclamation – Dale Hanka
Dale Hanka, nominated by the Scandia Parks and Recreation Committee for building the Little
Free Library located at Lilleskogen Park, was awarded a Scandia Good Neighbor Proclamation.
The library is styled to look like the historical Scandia water tower.
There were no public comments, and the Public Forum was closed.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) September 19, 2023 Regular Meeting
2) October 4, 2023 Work Session
b) Treasurer’s Report
c) Payment of Vouchers
d) Approve Agreement for Law Enforcement Services with Washington County Sheriff’s
Office
e) Approve Hiring Seasonal Rink Attendants
Benson, second by Cusick, moved to approve the Consent Agenda as presented. Motion
carried 4-0.
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October 17, 2023
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PARK & RECREATION COMMITTEE
Barton Johnson Tennis Court
PRC Chair Terry Gorham reported that the Committee is recommending staff investigate an
agreement with Elim Church and the Barton Johnson Park Board which would allow the City to
assist with reconstructing the tennis courts at the Barton Johnson Park. The public court is not
playable in the current condition. Gorham explained that the goal is to convert the Community
Center courts to full-time pickleball courts, and rebuild the Barton Johnson court for tennis
players. Gorham noted that Elim Church would not transfer its ownership of the park property to
the City.
Kronmiller, second by Benson, moved to direct staff to investigate an agreement with Elim
Church and the Barton Johnson Park Board for reconstruction of the Barton Johnson
tennis court. Carried 4-0.
PLANNING COMMISSION
Variances at 18650 Norell Avenue. Applicant Theresa Decker. Resolution No. 10-17-23-01
City Planner Hofer presented the recommendation from the Planning Commission to approve
variances to construct a new home on a non-conforming lot at 18650 Norell Avenue, with staff
findings and conditions prepared in a resolution. The proposed structure encroaches into the
setback from the ordinary high-water level by approximately 51 feet and the front yard setback
by approximately 20 feet. Hofer explained that the request is consistent with the Unified
Development Code and the 2040 Comprehensive Plan. Hofer noted that the Commissioners
discussed reducing the size of the house or moving it closer to the road. However, the UDC
has no standard for determining a structure’s maximum size other than total impervious surface
allowed on a lot, and the applicant explained that moving closer to the road would create more
grading and removal of trees.
There is an existing structure on the lot with no history of being permitted. Hofer said the
applicant is working with the Watershed District to relocate the shed, and will need to remove
the shed if no solution is found.
Theresa Decker, applicant, described the proposed house as a modest 3 bedroom, 2-½ bath
home, saying they are working extensively with the Watershed to meet buffer requirements.
Decker said they are asking for the home to be placed as shown on the survey, measuring
approximately 120’ from the visible shoreline; the OWHL measures the setback at 50.97-feet.
The Planning Commission asked us to move closer to the road, but there are extra challenges of
the grade and vegetation removal. Decker said it’s important to us to prioritize the trees on the
lot.
Planner Hofer explained that on page 12 of the staff report, the City Engineer’s recommendation
that the City should require a five-foot drainage and utility easement along the entire eastern
property line to allow for private utilities to be located within that area due to the road being so
close to the property line should have been a condition of approval. Hofer recommended the
Council amend the resolution to add this easement dedication condition.
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October 17, 2023
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Planner Hofer explained that staff received an email from Mr. Paul Richert asking why UDC
standards D and E for nonconforming lots were not included in the evaluation. Hofer said he
replied to Mr. Richert that neither of these criteria are issues for the development of this lot.
Benson, second by Cusick, moved to adopt Resolution No. 10-17-23-01 Approving a
Variance for Construction of a Single-Family Dwelling on a Nonconforming Lot Located at
18650 Norell Avenue with an amendment to add a condition to require a five-foot drainage
and utility easement along the entire eastern property line. Motion carried 4-0.
Conditional Use Permit for a Local Service Solar Energy System at 14025 185th Street.
Applicant Wolf River Electric, on behalf of property owner Brian Rigwald. Resolution No. 10-
17-23-02
Planner Hofer presented the recommendation from the Planning Commission to approve a
Conditional Use Permit for a local service solar energy system at 14025 185th Street to cover
approximately 1,540 sq. ft. of land where 800 sq. ft. is permitted by right. Hofer noted that at the
public hearing on October 3rd, a neighbor had concerns over the lack of screening from his
adjacent property. Hofer explained that the Unified Development Code only requires that a local
solar energy system is screened from the road right-of-way. Hofer said this system will be
screened from the road with existing topography of the site. Findings and conditions of approval
were presented in a resolution.
Brian Rigwald, applicant, addressed the neighbor’s concern. Rigwald said the neighbor’s house
is 500 feet away, with a cornfield, barn and row of trees in between, saying he didn’t think this
an issue when determining placement of the solar panels. Rigwald said that after the meeting he
reached out to his neighbor with an offer to plant a row of lilac shrubs to screen the panels,
which the neighbor thanked him for.
Lubke, second by Cusick, moved to adopt Resolution No. 10-17-23-02 Approving a
Conditional Use Permit for a Local Service Solar Energy System at 14025 185th Street.
Motion carried 4-0.
Conditional Use Permits for three separate 1-MW Distribution Solar Energy Systems at 10929
Scandia Trail. Applicants SunVest Solar, New Energy Equity, and Gordian Energy Systems
on behalf of property owners Michael Lubke and Molly Minogue. Resolution Nos. 10-17-23-
03, 10-17-23-04, and 10-17-23-05
Council member Lubke, property owner for this application, exited his Council seat and recused
himself from the meeting and was not a participant in the Council discussion.
Planner Hofer presented the recommendation from the PC to approve three separate Conditional
Use Permits for separate 1-MW distribution solar energy systems at 10929 Scandia Trail.
Hofer explained that this will be the second principal use on the property. Based on historical
approvals of these distribution solar systems on residential properties, Hofer said he would
recommend amending the zoning code in the future to clear up the inconsistency and the
conflicting language.
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October 17, 2023
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Planner Hofer said the solar developers addressed the main issues related to screening plans,
planting mixes, and fencing that were identified at the October 3rd Planning Commission
meeting. The appropriate plans have all been submitted, with the vinyl fence updated to a
wooden fence to meet approval for screening.
Patrick Dalseth, Sunvest Solar, said the staff report covered the description of the project quite
thoroughly, and he can answer any questions the Council or staff may have.
Council member Benson said she visited the site. The solar panels will be well screened and
visibility will not be an impact. Council member Kronmiller agreed, saying the panels should not
be visible from the road right-of-way.
Cusick, seconded by Benson, moved to adopt Resolution Nos. 10-17-23-03, 10-17-23-04, and
10-17-23-05 Approving Conditional Use Permits to SunVest Solar, New Energy Equity and
Gordian Energy for Distribution Solar Energy Systems at 10929 Scandia Trail. Motion
carried 3-0. Lubke abstained from voting.
Parks, Recreation, and Open Space Master Plan -- Amendment to the 2040 Comprehensive
Plan. Resolution No. 10-17-23-06 Adopting the Parks Master Plan; Resolution No. 10-17-23-
07 Authorize Submittal of the Comprehensive Plan Update to the Metropolitan Council
City Administrator Morell presented the Parks, Recreation, and Open Space Master Plan for
approval, as recommended by the Planning Commission. The purpose is to replace the existing
2006 Comprehensive Parks, Trails, Open Space, and Recreation Plan, as well as update the
priorities listed in the 2040 Comprehensive Plan. The new Plan requires the City to amend its
2040 Comp Plan through the Metropolitan Council. The Met Council has 60-120 days to do a
full review after they determine the proposal is complete.
Council member Kronmiller noted that when he joined the City Council seven years ago there
was a concern of having no comprehensive parks plan. This new plan, over one and a half years
in the works, has already had benefits for parks planning and will be useful in the future.
Kronmiller, second by Benson, moved to adopt Resolution No. 10-17-23-06 Adopting the
2023 Parks Master Plan. Motion carried 4-0.
Kronmiller, second by Benson, moved to adopt Resolution No. 10-17-23-07 Authorizing
Submittal of the Comprehensive Plan Update to the Metropolitan Council. Motion carried
4-0.
SCANDIA INTERNET ACTION COMMITTEE
Council member Kronmiller reported on the September 21st IAC meeting. Midco presented an
expansion plan for connecting the remaining households to high-speed broadband. Expansion in
2024 will be in an area around Big Marine Lake, and along Manning Trail to 230th Street. Midco
has applied for another line extension grant between Lakamaga and Olinda Trail.
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TOURISM COMMITTEE
Tourism Chair Sue Dickens participated over Zoom and reported that “Evening Adventures” is
this Thursday, and they are hoping for a successful event for the businesses and shoppers. The
banner design for Vinterlights! is being determined at the next meeting on October 24th.
WASTEWATER COMMITTEE
The Wastewater Committee met on October 11, 2023. Council liaison Cusick summarized the
discussions on future funding and using water meters as the best way to monitor usage. Cusick
said the consensus of committee are in favor of meters.
2024 Recommended Sewer Rates and Recommendation to install water meters in Big Marine
Sewer District
The proposed 2024 sewer budget calls for a 25% increase in the rate from 2023. Administrator
Morell stated that the Committee discussed how to make the use of water meters to determine
future sewer rates a possibility, and recommended Council direct staff to research the details of
how this could work.
Dan Cartier, Wastewater Committee member and seasonal resident on Norell Avenue, agreed the
Committee is in favor of using water meters, but the City should mandate all users connect a
meter and not make it optional. Cartier said he is an owner of a seasonal cabin on Big Marine
Lake, and requested the council adjust the formula for 2024 rates for part-time users, by
allocating less for seasonal users and slightly more for full-time and yet keep the revenue stream
consistent. Cartier said allocation is fair, reasonable and equitable.
City Administrator Morell said the concept for water meters is yet to be sorted out and discussed.
No decision needs to be made this evening. Morell said before proceeding, staff will pull more
information together and gather input from the users through a community meeting. A report will
be given at a future meeting.
BUILDING OFFICIAL
The September building activity report was in the meeting packet. In September, 29 building
permits were issued at a valuation of $880,563.
FIRE DEPARTMENT
Fire Chief Hinz reported on the Fire Department’s September activity. Last month the
department responded to 24 calls; 11 fire and 13 medicals. So far 225 calls have been logged this
year. The Department hosted a memorial dedication on October 8th that was very well-attended,
as was the Open House for Fire Safety Week on October 10th.
Replacement Rescue Boat
Fire Chief Hinz presented a proposal to replace the existing rescue boat with a Kann
Manufacturing 18’ aluminum model, as recommended by the Department’s boat committee. The
current Lund is aged and starting to leak. Hinz described the benefits of the proposed boat, being
durable, sized appropriately, and more stable in the water, and is the type of boat used by the
Washington County’s Sheriff’s Office. The manufacturer provided a quote of $50,869 for the
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October 17, 2023
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complete boat package and trailer. Hinz noted that this is over the CIP budget of $38,000, but the
Utility Truck replacement is under budget by $21,700.
Council member Cusick asked if they considered something smaller to maneuver in the back
waters of the river, such as an inflatable craft. Cusick said launching could be a problem, but the
Kann is well-made and can withstand a lot of abuse for rescue use. Hinz said they have a banana
boat for areas not easily accessible, and could consider a small inflatable in the future; it’s
difficult to have one boat do everything you want, but this boat has the most pluses at a
reasonable cost.
Kronmiller, second by Lubke, moved to approve the purchase of a Kann Rescue boat and
trailer at a cost of $50,869. Motion carried 4-0.
CITY ENGINEER
Engineer Goodman provided a written report and highlighted the Washington County Capital
Improvement Plan comments in a draft memo to be sent to the County Board. The memo
supports three projects proposed in the County’s 5-year CIP: Gateway Trail extension, County
Road 50 improvements, and Big Marine Park Reserve improvements. Goodman said he added a
request for intersection evaluation for safety improvements at Manning Trail and Highway 97.
Council was in consensus to submit the memo to Washington County.
DIRECTOR OF PUBLIC WORKS
Public Works Director Fischer reported on department activities with tree removal on roadways
occurring this past month, due to uprooted trees from wind and saturated ground. Installation of
the new rink boards is scheduled for the end of the month. The department is doing seasonal
crossover of equipment and fall maintenance tasks.
CITY ATTORNEY
Wyldewood Acres
City Attorney Larson prepared a memo addressing the request made to the Council at their
October 4th Work Session regarding Wyldewood Acres’ septic proposal. Administrator Morell
explained that the Homeowner’s Association is looking for the city’s assistance to apply for state
funding for the required improvements to the community septic system in the development, a
costly project. Staff is researching if the city can file for a point source implementation program
grant on behalf of the HOA and not have ownership of the system. Attorney Larson’s memo
detailed options, and the legal issues to be addressed.
Council member Kronmiller said it sounds good to offer help. Morell explained that there may
be funding options for a low-interest loan for the project, and that staff will continue to
investigate and report back at a future meeting.
CITY ADMINISTRATOR
City Administrator Morell reported on a recent DNR-Washington County meeting regarding the
Gateway Trail. Soil borings and survey work should be completed this year. There will be a
kickoff meeting on October 26th for the City Center study. Staff identified UDC provisions
which did not make it into the court system in order to allow police to write citations for code
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October 17, 2023
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violations; therefore, having no way to enforce the rules in the development code. Staff is
working on getting these mechanics in place.
CONSENT TO NOT WAIVE STATUTORY TORT LIABILITY LIMITS
City Administrator Morell explained that cities that obtain liability coverage from LMCIT must
decide annually whether to waive the statutory tort liability limits to the extent of the coverage
purchased. Legal recommendation is to not waive tort liability limits.
Kronmiller, second by Cusick, moved to not waive the monetary limits on municipal tort
liability established by statute. Motion carried 4-0.
CONSIDER A NEW ON-LINE PAYMENT VENDOR
Treasurer Firkus recommended a new on-line payment vendor for better efficiency, lower
monthly portal fees, and lower customer fees. The city has been using Payment Service Network
since 2020, and has experienced more frequent difficulties with their system. A proposal from
Nuvei was included in the meeting packet.
Benson, second by Lubke, moved to approve a contract with Nuvei for on-line payments.
Motion carried 4-0.
NON-PROFIT RATE FOR HERITAGE ROOM RENTAL
City Administrator Morell explained that a local non-profit group has asked for a non-profit rate
for the smaller Heritage Meeting Room. The current rental policy for the Community Center
only provides a non-profit rate of $150-$300 depending on the size of the event for use of the
large Community Room. Staff recommended a rate of $50/day for use of the Heritage Room.
Benson, second by Cusick, moved to amend the Community Center Rental Policy to add a
non-profit rate of $50 for rental of the Heritage Room. Motion carried 4-0.
VINTERLIGHTS FUNDING REQUEST
Scandia-Marine Lions Club President Patti Ray requested a donation of up to $300 to assist with
purchasing supplies for the November 26th Vinterlights! festival.
Kronmiller, second by Benson, moved to support the funding request from the Scandia-
Marine Lions Club for up to $300 for Vinterlights. Motion carried 4-0.
ADJOURNMENT
Cusick, second by Lubke, moved to adjourn the meeting. Motion carried 4-0.
The meeting adjourned at 8:39 p.m.
Respectfully submitted,
Brenda Eklund
City Clerk