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06.a1 Draft minutes 11-21-2023 Meeting November 21, 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 Christine 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 Agenda Item 10.a) Wyldewood Acres Sewer System will be removed from the agenda. Kronmiller, seconded by Benson, moved to approve the agenda as amended. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Henry Gibney reported that deer car collisions are more frequent this time of year, and offered safe driving tips. PUBLIC FORUM There were no public comments, and the Public Forum was closed. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) October 17, 2023 Regular Meeting b) Treasurer’s Report c) Payment of Vouchers d) Approve Hiring Seasonal Rink Attendants and Part-time Rink Maintenance employee e) Approve 2024 Tobacco License Renewals: Federated Co-ops, Inc. dba Scandia Country Store & Cenex, Scandia Olde Towne Liquor f) Approve 2024 Liquor License Renewal: Bluhm Liquors, LLC dba Scandia Olde Towne Liquor (Off-Sale) g) Approve Resolution No. 11-21-23-01 Adoption of the Washington County All-Hazard Mitigation Plan h) Approve Special Event Permit for The Minnesotan Cup Hockey Tournament (January 27, 2024) Benson, second by Cusick, moved to approve the Consent Agenda as presented. Motion carried 5-0. Scandia City Council November 21, 2023 Page 2 of 8 PUBLIC HEARING Certification of Unpaid Charges for the Big Marine Sewer System for Collection with Property Taxes – Resolution No. 11-21-23-02 Treasurer Firkus prepared a resolution listing the properties with unpaid sewer charges that will be certified to the users’ property taxes with added interest of 12%. Mayor Maefsky opened the public hearing at 7:04 p.m. There were no speakers and the hearing was closed. Kronmiller, second by Cusick, moved to adopt Resolution No. 11-21-23-02, Certification of Unpaid Charges for Big Marine Community Sewage Treatment for Collection with Property Taxes. Motion carried 5-0. PARK & RECREATION COMMITTEE PRC Chair Terry Gorham announced that the Metropolitan Council approved the Parks Master Plan as an amendment to the City’s Comprehensive Plan as recommended, with no changes to the plan. Liten Park Plan Proposal PRC Chair Gorham described the goal of enhancing Liten Park with a simple trail and to keep the vegetation native and the property undeveloped. At the November 5th PRC meeting, the Friends of Scandia Parks and Trails proposed a plan to enhance the wildlife value of the park, and would contract with a business that has experience with native rehabilitation, planned as a 3- year effort. With Council’s approval, FSPT would prepare a state grant application that would require 10% matching funds from the City. FSPT buckthorn removal efforts would qualify as in- kind donation towards this amount, so that a maximum of $2,000 from the Parks budget would be required to implement the proposed plan. Gorham reported that the Committee is recommending acceptance of the proposal and to allow FSPT to apply for a state grant. Gorham said that the plan is consistent with the desires of the neighbors to the park to keep it undeveloped. Kronmiller, second by Benson, moved to approve the PRC’s recommendation to proceed with the grant application. Motion carried 5-0. PLANNING COMMISSION Minor Subdivision at 13261 Oakhill Road North (PID 09.032.20.44.0002). Dan Jackson, Applicant. Resolution No. 11-21-23-03 Planner Hofer presented the recommendation from the Planning Commission to approve a minor subdivision to create two lots for residential development from a 35.09-acre parcel at 13261 Oakhill Road to be known as Jackson Farm. Hofer said the lots are conforming, and the minor subdivision is consistent with the development code and the Comp Plan. Conditions of approval were presented in a resolution. Conditions include payment of park fees in the amount of $6,000, a woodland preservation plan to be prepared before building permits are issued, and to file the final plat at Washington County within 2 years of the date of approval. Scandia City Council November 21, 2023 Page 3 of 8 Kronmiller, second by Lubke, moved to approve Resolution No. 11-21-23-03, Approving a Minor Subdivision for “Jackson Farm” located at Parcel ID 09.032.20.44.0002. Motion carried 5-0. Amendment to the City of Scandia Unified Development Code (UDC) 153.400 Regarding Determination of Density Units. Ordinance No. 2023-13; Resolution No. 11-21-23-04 (Findings of Fact for UDC Amendment) and Resolution No. 11-21-23-05 (Summary for Publication) Planner Hofer presented the recommendation from the Planning Commission to adopt an amendment to the Unified Development Code to bring Section 153.400 in line with the intent of the Comprehensive Plan regarding density based on quarter-quarter sections. The amended section includes illustrated examples of various situations of density determination of 4 dwelling units per 40 acres based on quarter-quarter sections. Hofer explained a further recommendation to amend language based on subdivision of land instead of development, to clarify the use of land will not be taken away. Staff suggested tabling adoption of the proposed ordinance to allow staff to refine the language so as not to be in conflict with other sections of the code. Council member Kronmiller provided a handout explaining property identification numbers. Kronmiller said he researched existing density in the city and found that 2/3 of the quarter- quarter sections have 4 dwelling units or less density; most of the community conforms with quarter-quarter section development. Kronmiller, second by Lubke, moved to table discussion of a proposed ordinance regarding determination of density units to the next regular meeting. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE City Administrator Morell reported on the November 16th IAC meeting. The city has not yet gotten a dollar amount from Midco on future broadband expansion, so that the 2024 budget numbers have not been updated. Midco plans for 203 passes next year using the money allocated for this year. Line extension grants allow for expansion along the Big Marine Lake project next year, doubling the size of the original plan. TOURISM COMMITTEE Tourism Chair Sue Dickens participated over Zoom and reported that businesses have had two successful Evening Adventures, with one more being held on December 21st. The Committee will be hosting the Best of Scandia Artisan Market this Sunday, coinciding with the outdoor Vinterlights activities. BUILDING OFFICIAL The October building activity report was in the meeting packet. In October, 34 building permits were issued at a valuation of $1,770,703. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s October activity. Last month the department responded to 37 calls; 15 fire, 20 medicals, and 2 dive calls. So far 264 calls have been logged this year. Scandia City Council November 21, 2023 Page 4 of 8 Turnout Gear Replacement Following a replacement schedule plan, Fire Chief Hinz presented a proposal to replace four sets of turnout gear at a total cost of $13,156. The gear has a useful life of 10 years, making 16 sets outdated at the end of this year. Hinz reported that a $5,000 state grant was awarded to assist with this purchase. Hinz said he is looking for additional grants for next year in order to continue to replace turnout gear according to the schedule. Kronmiller, second by Lubke, moved to approve the purchase of four sets of turnout gear at a cost of $13,156. Motion carried 5-0. CITY PLANNER Retail Operations Classifications and Standards Planner Hofer described the Unified Development Code language to allow operational square footage of 12,000 square feet or less as a permitted use within the Rural Commercial District, while retail uses larger than 12,000 require a conditional use permit. Hofer asked if the Council would consider lowering the threshold to allow for greater input on potential commercial establishments within the City. Mayor Maefsky said they had talked about lowering the size in the past, maybe to 8,000 square feet. Council member Kronmiller asked if there are problems with 12,000 square feet. Administrator Morell said that retail space under 12,000 square feet is a permitted use with no oversight from the Planning Commission or the City Council to comment on the business or any CUP conditions; this size seems like a larger number than anticipated when the UDC was adopted. Planner Hofer added that lowering the number of square feet would allow for closer staff review and a public review to ensure best use of the property. Mayor Maefsky said that lowering to 8,000 square feet makes sense. Council member Kronmiller said he agrees that 8,000 square feet is a good number. Council member Benson asked if this change could result in any existing businesses becoming non-conforming. Planner Hofer said it would make these businesses legally non-conforming and there are methods to continue their business. Hofer said staff will have research for this if an amendment to the UDC regarding retail operation standards is recommended. The Council was in consensus to bring to this topic to the Planning Commission for a public hearing. CITY ENGINEER City Engineer Goodman provided a report that highlighted progress on the Gateway Trail survey work, and plans to authorize bids for the 2024 street project at the next regular Council meeting. Goodman explained the resident outreach being done to those property owners along the street project, with updates to be posted on the city’s website concerning the project. Scandia City Council November 21, 2023 Page 5 of 8 DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities such as installing pedestrian warning signs in the Bliss neighborhood to address their concerns. Installation of the new rink boards should be completed next week. There was a repair to the Anderson/Erickson lift station. Staff is prepping equipment for winter, and assisting with community events. Right of Way Maintenance Policy Amendment Public Works Director Fischer explained proposed amendments to the City’s Right-of-Way Maintenance Policy, last updated in 2016. Corrections to personnel staff and equipment were described. The mowing width was adjusted from 5’ to 7’ to allow for variability due to recent new equipment. Tree trimming and removal language was amended to allow more flexibility. For safety, tree waste in the right-of-way will need to be more readily picked up the same day. Regarding mailbox damage by direct contact with city equipment, the amended policy will reimburse up to $60 in lieu of replacement with a swing arm style installed by city staff. Fischer said allowing this option is recommended for the city’s best interest. Council member Kronmiller noted the measurement of 33’ from the center line as determining ROW, and said many roads are not 66’ wide and this would be a taking of property rights. Attorney Larson said this is a policy, and not establishing actual ROW by plat legally; the intent is to maintain 66’ across the road. Kronmiller said you can’t assume every street is 66’, and the city should be cautious they are not damaging private property. Fischer said creating a uniform width as a guideline allows maintenance for safe roads. Council member Cusick said ROW can never be a fixed width, but rather a call Public Works makes to maintain what is needed. Administrator Morell suggested the language be changed to “up to 33’ based on individual roads”. Attorney Larson agreed this would be a good change. Council member Kronmiller noted a typographical error in the paragraph of disposal of tree waste. Council member Kronmiller said he has a concern about the mailbox policy; some are very expensive, and if destroyed by city equipment, is $60 okay? Administrator Morell said the prior language was too open-ended. If the city is reimbursing a resident and not having the cost fixed, it should be at a reasonable rate because of an accident. Setting it at $60 is watching taxpayers’ money. Council member Lubke said $60 seems low. Public Works Director Fischer said he priced out the standard costs and bumped it up a bit using standards as recommended by the post office. Lubke, second by Kronmiller, moved to adjust mailbox reimbursement to $100. Motion carried 3-2, with Cusick and Maefsky opposed. Scandia City Council November 21, 2023 Page 6 of 8 Lubke, second by Benson, to approve the Right-of-Way Maintenance Policy as amended. Motion carried 5-0. Snow and Ice Control Policy Amendment Public Works Director Fischer explained proposed amendments to the City’s Snow and Ice Control Policy, last updated in 2017. Modifications to sidewalk snow removal included defining which sidewalks will be maintained and clarified the maintenance practices further outside the city core. Fischer noted that the mailbox damage language will be amended to “reimbursement up to $100” to be consistent with the ROW policy. Due to the frequency of snow being pushed across the roads, the policy addressed this issue with enforcement of a warning and then fines. Fischer said this was successfully implemented in the City of Hugo. Fischer described alterations to the complaint procedure for increased efficiency. Kronmiller, second by Lubke, moved to approve the Snow and Ice Control Policy as amended with mailbox replacement costs of up to $100. Motion carried 5-0. CITY ATTORNEY City Attorney Larson introduced Attorney Christina Benson present in the audience. Larson said Ms. Benson will provide backup and assistance to the City when necessary. CITY ADMINISTRATOR City Administrator Morell reported on the first meeting of the City Center Study Project Team, and budget work being discussed later in the meeting. LOCAL 49 UNION CONTRACT City Administrator Morell presented the Local 49 Union three-year contract as negotiated and approved by the union employees. Effective January 1st, wages increase 6% for a market adjustment along with 3.5% COLA, with annual 3.5% COLA increases in 2025 and 2026. Licensure Pay increases from 3 licensures up to 5 licensures and certifications, at $0.25/per license or certification. Council member Cusick questioned a COLA and market adjustment. Administrator Morell noted that other cities are seeing market adjustments across all units. Kronmiller, second by Lubke, moved to approve the Local 49 Union Contract as presented. Motion carried 5-0. 2024 BUDGET UPDATE City Administrator Morell provided an updated 2024 budget with known wage adjustments and figures; however the Midco information is not available yet and the City will likely use all the allocated funds, with no changes to the initial request from the Internet Action Committee of $250,000. Minor adjustments to various line items were made to reflect rate increases from contracted services. Scandia City Council November 21, 2023 Page 7 of 8 Morell described Capital Improvement projects, with no changes from what was presented in the budget earlier. Tennis court improvements are planned in 2024, five equipment purchases, and the 2024 street project. Wage adjustments were explained. Non-union staff are proposed to have market and COLA adjustments, but not department heads. Morell recommended the adjustments be made on January 1st rather than on anniversary dates, to be consistent with the union wage increases. Health and dental premiums have gone down 2.2%. General Fund expenses show a 1.87% decrease over 2023 ($43,304). General Fund revenues predict a 0.22% reduction over 2023 ($5,039). The preliminary 2024 levy amount is $3,021,852, which represents a 7.79% increase over 2023. The 2024 tax rate is projected to be 26.864%, a 0.4% increase over 2023. Morell explained that if the Council desires to leave the tax rate unchanged over last year, $43,000 needs to be cut from the budget. Morell said CIP funds for the Gateway Trail and Heritage Water Tower can be lowered in order to bring the levy down. Council member Lubke said he would support doing this. Mayor Maefsky asked what the impact of cutting money from the trail and heritage fund would be. Morell explained that $250,000 is earmarked in the capital funds for these two projects. There remains a funding gap for the Gateway Trail, which Washington County could provide. The Water Tower grant from the state allows up to 9 years for completion; funds of $250,000 are earmarked for the trails, but there is no timeline for when they will be constructed and the funds can be moved out a year or two. Morell said a reduction of $43,000 can be met here by re- evaluating the levy for these two projects. Council member Kronmiller said the City must acknowledge that costs are going up; infrastructure needs to be maintained and staff paid fairly. The City cannot hold taxes flat year after year, but be cautious of rising costs. Council member Benson said she is concerned about significant debt coming due in 2025 and the need to raise future taxes. Benson said this is a dilemma – should the city do a small tax increase this year, and again a larger increase in 2025, rather than one very large increase for 2025? Administrator Morell said to prepare for 2025 debt service, the City could toe the line now by cutting a little to get closer to a 0% tax rate increase. With future development, the tax rate in 2025 may not be so drastic. Council member Lubke asked staff to research department head salaries for comparison, in preparation of adoption of the final budget. Administrator Morell said he will prepare budget options in preparation of the Truth in Taxation hearing being conducted at the City Council Work Session on December 6th at 6:30 p.m. Scandia City Council November 21, 2023 Page 8 of 8 ADJOURNMENT Cusick, second by Lubke, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:39 p.m. Respectfully submitted, Brenda Eklund City Clerk