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12-19-2023 Meeting December 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, Mike Lubke. Absent: 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 Benson, seconded by Lubke, moved to approve the agenda as presented. Motion carried 4- 0. LAW ENFORCEMENT REPORT Deputy Henry Gibney announced his departure as Scandia’s contracted deputy and his transfer to the City of Mahtomedi, effective at the end of the year. Deputy Kevin Booth has been assigned to Scandia effective January 1, 2024. Deputy Booth introduced himself to the Council and stated that he is looking forward to working for the citizens of Scandia. Deputy Gibney described the roles of new Community Service Officers added to the County Sheriff’s Department staffing; they cannot do enforcement actions but can address complaints and provide community engagement and outreach. PUBLIC FORUM Scandia Good Neighbor Award – Jim Anderson Acting Mayor Kronmiller presented a Scandia Good Neighbor Award to Jim Anderson for using his lifesaving skills on a young man who was choking while having lunch at Meisters this past September. There were no public comments, and the Public Forum was closed. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) November 21, 2023 Regular Meeting 2) December 6, 2023 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve 2024 Tobacco License Renewals: Big Marine Lake Store, Big Marine Lake Liquor Store, Scandia Tobacco e) Approve 2024 Liquor License Renewals: The Scandia Creamery (On-Sale/Sunday On-Sale), Rustic Roots Winery (On-Sale/Sunday On-Sale), The Grillium ((On-Sale/Sunday On-Sale), Big Marine Lake Liquor Store (Off-Sale), Meister’s Bar & Grill (On-Sale/Sunday On-Sale) Scandia City Council December 19, 2023 Page 2 of 10 f) Approve 2024 City Council Meeting Schedule g) Approve 2024 Contract for Technical Services with Washington Conservation District h) Adopt Resolution No. 12-19-23-02 – Employee Health Plan for 2024 i) Adopt Resolution No. 12-19-23-03 – Accepting 2023 Donations to City of Scandia j) Adopt City of Scandia 2024 Fee Schedule Ordinance No. 2023-14 and Summary Publication Resolution No. 12-19-23-04 Benson, second by Lubke, moved to approve the Consent Agenda as presented. Motion carried 4-0. PUBLIC HEARING City of Scandia Solid Waste and Recycling Management Ordinance No. 2023-15; Summary Publication Resolution No. 12-19-23-05 City Administrator Morell explained that the City has been working with County staff over the past year on an update to the City’s solid waste ordinance. The ordinance was last updated in 1970, and does not comply with state law nor meet the current needs. City Attorney Larson provided the final draft of the ordinance. Acting Mayor Kronmiller opened the public hearing at 7:11 pm. There were no comments and the hearing was closed. Lubke, second by Benson, moved to adopt Ordinance No. 2013-15, City of Scandia Solid Waste and Recycling Management Ordinance, and Resolution No. 12-19-23-05, Summary Publication of Ordinance No. 2023-15. Motion carried 4-0. PARK & RECREATION COMMITTEE PRC Chair Terry Gorham participated over Zoom, and reported that planning for Vinterfest is well underway. Events are being planned for January 26-27, with the schedule being finalized by the January 4, 2024 PRC meeting. Vinterfest button sales will start after January 1st. PLANNING COMMISSION Interim Use Permit for multiple uses at 18180 Olinda Trail North. Charles Mann, Applicant. Resolution No. 12-19-23-06 Planner Hofer presented the recommendation from the Planning Commission to approve an Interim Use Permit to allow for multiple uses and multiple principal structures at 18180 Olinda Trail North. The site has historically been used for single-family dwelling and outdoor commercial recreation; a conditional use known as Flying Colors Trapeze operating as a seasonal circus camp. Conditions of approval addressed parking, staff housing, and that the applicant apply and be approved for a Conditional Use Permit by June 1, 2024 to permit more accessory structures than is permitted by the development code. The Interim Use Permit will expire in four years. Council member Benson asked why they didn’t have an IUP for the years the camp was operating? Planner Hofer said the IUP is required for outdoor recreational commercial use within this zoning district. The camp, operating for around 7 years, evolved from a trapeze on the site that was for personal use for the past 17 years. The IUP sets the standards and conditions to Scandia City Council December 19, 2023 Page 3 of 10 operate the summer camp with no increase in the number of campers from approximately 40 that have attended in past years. Council member Lubke asked why a condition was struck that prohibited use of indoor sanitary facilities? Planner Hofer said the Planning Commission saw this as unnecessary because it required a licensed engineer to provide plans to satisfy County septic staff. Hofer said the applicant will remove the bathroom from the accessory structure, and use portables for the camp. Applicant Charles Mann addressed the Council and explained that the trapeze was purchased 17 years ago for personal use. They opened up training for small groups, which then grew. The camp hosts no more than 35 people for the day camp which is the limit. The camp came to the attention of the city with the addition of a temporary circus tent structure. Mann said they are looking to get everything in place and right with the city. Mann said most of the staff are commuters, with up to three staff persons staying on the property during the summer. Benson, second by Cusick, moved to approve Resolution No. 12-19-23-06, Approving an Interim Use Permit for multiple uses at 18180 Olinda Trail North. Motion carried 4-0. Amendment to the City of Scandia Unified Development Code (UDC) 153.400 Regarding Determination of Density Units. Ordinance No. 2023-16. Resolution No. 12-19-23-07 (Findings of Fact for UDC Amendment) and Resolution No. 12-19-23-08 (Summary for Publication) At their meeting on November 21, 2023, the Council tabled an ordinance to amend the Unified Development Code regarding density determination which will update language in the code to be consistent with past practice for density units in quarter-quarter sections. Planner Hofer explained the revised wording in paragraph one as suggested by the City Attorney. Cusick, second by Benson, moved to adopt Ordinance No. 2023-16 Amendment to the City of Scandia Unified Development Code (UDC) 153.400 Regarding Determination of Density Units, Resolution No. 12-19-23-07 (Findings of Fact for UDC Amendment) and Resolution No. 12-19-23-08 (Summary for Publication). Motion carried 4-0. Amendment to the City of Scandia Unified Development Code (UDC) 153.300.020 Regarding the operating square feet of permitted retail operations withing the R-C Zoning District and the classification of the use. Ordinance No. 2023-17; Resolution No. 12-19-23-09 (Findings of Fact for UDC Amendment) and Resolution No. 12-19-23-10 (Summary for Publication) Planner Hofer presented a recommendation from the Planning Commission to approve an amendment to the Unified Development Code regarding retail operation classifications and standards. Staff advised that lowering the square footage for retail space permitted without a conditional use permit would better match the Council’s intention and allow for greater input on potential commercial establishments in the city. Hofer explained that the table of uses in the UDC for retail sales and services will be lowered from being permitted at a size of 12,000 square feet to 7,500 square feet. Hofer said that existing retail in the City measure under the proposed size of 7,500 square feet. Scandia City Council December 19, 2023 Page 4 of 10 Council member Kronmiller, liaison to the Planning Commission, said the Commissioners were unanimous that 12,000 square feet is too big to be permitted without oversight, and this amendment is more reasonable. Benson, second by Cusick, moved to adopt Ordinance No. 2023-17, An Amendment to the City of Scandia Unified Development Code (UDC) 153.400 Regarding the operating square feet of permitted retail operations withing the R-C Zoning District and the classification of the use; and Resolution No. 12-19-23-09 (Findings of Fact for UDC Amendment); and Resolution No. 12-19-23-10 (Summary for Publication). Motion carried 4-0. SCANDIA INTERNET ACTION COMMITTEE Council member Kronmiller announced that the Internet Action Committee has cancelled the December 21st meeting, with the next meeting scheduled for January 18, 2024. TOURISM COMMITTEE There was no report from the Tourism Committee. WASTEWATER COMMITTEE Dan Cartier Presentation on Sewer Rates and Meters Wastewater Committee member Dan Cartier, cabin owner on Norell Avenue, addressed the Council with a discussion on sewer rates he would like adjusted for seasonal cabin owners. Cartier said verification of seasonal properties can be confirmed with property tax statements. Cartier also suggested the billing cycle be moved up to improve cash flow for the enterprise fund. Council member Kronmiller recommended Cartier take this to the Wastewater Committee for possible endorsement, which can then be recommended to the City Council. BUILDING OFFICIAL The November building activity report was in the meeting packet. In November, 17 building permits were issued at a valuation of $839,300.00. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s November activity. Last month the department responded to 23 calls; 10 fire, 11 medicals, 1 dive call, and one cancelled call. So far 304 calls have been logged to date. Tender 2 Replacement Fire Truck Fire Chief Hinz explained a proposal to replace the 2003 Tender 2 tanker fire truck, used to transport water to the scene of a fire. The truck is in need of repairs and nearing the end of its useful life. Hinz explained that an option to refurbish the truck would only extend its use a few extra years and not a good value or decision for the department. The Capital Improvement Plan has earmarked $425,000 for the replacement of the Tender 2. Hinz noted the drastic increase in cost for fire equipment over the last few years, and researched vendors to recommend a replacement tender from Midwest Fire in the amount of $396,304. The Scandia City Council December 19, 2023 Page 5 of 10 vendor is part of SourceWell, a cooperative purchasing program. Because there is a 19-month lead time for delivery, Hinz recommended placing the $10,000 down payment and order for the chassis with the remainder payment due upon delivery of the truck. Hinz explained that the current truck will go to public auction, potentially getting $15-20,000; most tankers go to contractors to convert to watering trucks. Administrator Morell said that with these lead times, the City can save money on future bonding by saving up cash reserves for future equipment. Lubke, second by Benson, moved to approve the purchase of a replacement for Tender 2 at a cost of $396,304. Motion carried 4-0. CITY PLANNER Dennis Palkert Request for Council Action - 12632 182nd Street N. At their meeting on December 6th, the Council tabled action on a request from Dennis Palkert to waive the costs in excess of his escrow deposit for an amended variance that was denied by the City on September 19th. The Council asked to hear from the City Planner and for a review of the hours billed. Planner Hofer explained Mr. Palkert’s request for an amendment to a variance approved in 2020 to reduce the setback for a patio constructed without approval for encroachment into the OHWL. Palkert’s landscaper told him the pervious pavers were okay to install, but without the knowledge that this type of paver is not allowed nor were they permeable as constructed. The request to allow the patio to remain was ultimately denied. Hofer said that in a May 4th letter to Mr. Palkert he indicated that he could likely recommend approval, but at that time the application was incomplete and Hofer said he was not aware of the characteristics of the site. The Planning Commission found the criteria could not be met for variance approval; the practical difficulty was created by the landowner, which was the basis of denial. Regarding the hours billed, Bolton & Menk made an adjustment to the invoice for a reduction of $438, leaving the amount Mr. Palkert owes to $922.63. Planner Hofer said the amount due is not inappropriate due to the issues and complexity of this request, reflected in the staff hours. Council member Benson said she would have concerns about setting the city up for future requests like this if they were to waive the costs of Mr. Palkert’s application. Council member Lubke noted that the planner indicated likely approval, not guaranteed. Council member Kronmiller said the planner did what is expected, and it’s unfortunate Mr. Palkert relied on his landscaper to do unpermitted work, and that there were other things on the site done improperly. Lubke, second by Cusick, moved to deny Mr. Palkert’s request to cancel the invoice of costs charged for a zoning application. Motion carried 4-0. Scandia City Council December 19, 2023 Page 6 of 10 CITY ENGINEER City Engineer Goodman reported that soil borings for the Gateway Trail are scheduled to be completed in the next few weeks. 2023 Street Improvement Project – Contractor’s Request for Payment No. 3 and Final Engineer Goodman recommended final payment to the contractor for the 2023 Street Improvement Project be approved. Goodman reported that the project came in under budget. Lubke, second by Benson, moved to approve the Contractor’s Request for Payment No. 3 & Final and pay $26,064.69 to Asphalt Surface Technologies Corporation. Motion carried 4-0. 2024 Street Improvement Project – Approve Plans & Specifications and Authorize Advertisement for Bid Engineer Goodman provided a map showing the locations of the street project and a proposed timeline: Approve Plans & Specifications/Authorize Ad for Bid December 19, 2023 Bid Opening January 24, 2024 Consider Contract Award at City Council Meeting February 20, 2024 Construction May - September 2024 Benson, second by Lubke, moved to approve Plans & Specifications and Authorize Advertisement for Bids for the 2024 Street Improvement Project. Motion carried 4-0. DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. Right-of-way mowing continues while the weather remains mild, the rink board glass is being installed this week, trees for the playground project were planted this month, and the seasonal snow-plow pick-up driver position remains unfilled. Fischer presented a mailbox damage brochure he drafted to be used to inform residents who report damage on proper mailbox placement and to indicate if the mailbox will or will not be replaced. The brochure will be delivered after an inspection to see if city has responsibility for repair or replacement of the mailbox. Depositing Snow On or Across a Roadway Public Works Director Fischer prepared a memo to the Council detailing communication prepared with assistance from the Washington County Sheriff’s Department to enforce depositing snow on or across a roadway during the winter months, a violation of MS Statute 160.2715. The process will start with a warning, then escalate to fines for continued violations. Fischer said the goal is to gain compliance from residents following the warning letter CITY ATTORNEY Scandia City Code Chapter 32, Administrative Citations and Civil Penalties – Review for Consideration Scandia City Council December 19, 2023 Page 7 of 10 City Attorney Larson described a proposal to improve the city’s code enforcement process, as provided in the City’s Code of Ordinances Chapter 32, Administrative Citations and Civil Penalties. Larson said he worked with the City Administrator to suggest improvements for Council discussion and to gather feedback. The first recommendation is to replace the laundry list of fines and violations with a provision of a $100 fine for an administrative offense. Subsequent violations will escalate the initial fine until the goal of compliance is more practical than paying a steep fine. Larson recommended Section 32.05 be changed with a title to Enforcement, Civil Remedies, and City Corrective Action to more clearly communicate the process. Regarding the appeal process, Larson recommended the establishment of a Code Enforcement Hearing Committee to hear administrative disputes, with further appeal changed from the MN Court of Appeals to the Washington County District Court. Larson explained that the 3 to 5- member Hearing Committee be comprised of residents appointed by the Council to hear and decide administrative violation matters. City Administrator Morell said staff is looking for a more efficient enforcement tool via other avenues. Council member Kronmiller said he is glad to look for another way to enforce the city’s rules and not clog up the court system, as there does not seem to be any consequences now for continuous violations. Council member Benson agreed there is frustration in going through the criminal court system, and this chapter addresses the civil process for code enforcement. Benson agreed the fine should be standardized and to use the district court for appeals. Attorney Larson said the recommendations are to make the civil process be used more often and be more effective. City Administrator Morell added that the goal is to make the civil process more user friendly and comfortable for residents to use. Morell asked if the Council is interested in this civil process, and supportive of the changes proposed? Council member Benson said the higher dollar amount for fines makes sense, and to appeal to the District Court, but unsure of a committee or hearing officer. The existing chapter has a process for civil enforcement. City Administrator Morell said staff can make the supported changes, then schedule a public hearing on the ordinance amendments, and fine tune it along the way. CITY ADMINISTRATOR City Administrator Morell provided an update on a recent Gateway Trail meeting. The DNR may plan to include this project for LMCCR funding in next year’s grant application, as a $600K request to bridge the funding gap. If the DNR does not include the Gateway Trail on their list, the City can apply for LMCCR funding, however there are no decision to make at this point. Scandia City Council December 19, 2023 Page 8 of 10 SCANDIA HERITAGE ALLIANCE – 2024 LCCMR GRANT APPLICATION Susan Rodsjo and Bill Strusinski of the Scandia Heritage Alliance presented a proposal to consider applying for additional LMCCR funding for the reconstruction of the historic Water Tower Barn project. A state grant of $2.2 million awarded in June 2023 covers 50% of the project cost. Donations of $900,000 leave approximately $1.3 million remaining to fund the project. Rodsjo explained that the grant application can focus on the category of expanding outdoor recreational opportunities through additions and connections to state, regional, or local parks and trails by creating a trail connection to the Gateway Trail. Rodsjo said elements of the wetland overlook, boardwalk and a trail connection will benefit this application, but a trail schematic design needs to be prepared by the application deadline of March 27, 2024. Ms. Rodsjo said Architect Peter Hilger is starting to develop the plans for the wetland overlook, and suggests a small land purchase to connect to the Gateway Trail, shown on a draft schematic. Rodsjo said because this is a joint City / Alliance project, would the city consider contributing towards the costs? An estimate of $600 was offered to design the trail connection for the grant application. Mr. Strusinski explained that the future LMCCR grant cycle is proposing a match from project stakeholders, and the city should be aware of this. Council member Kronmiller asked if there would be other costs to complete plans for the application. Rodsjo said there would be a cost for soil borings to determine if a floating dock will work within the wetland area. City Administrator Morell said there is a firm coming in January for soil boring work on the Gateway Trail, and suggested the architect coordinate a boring project with the firm. General consensus of the Council was to get costs for the trail, determine the LMCCR requirements and bring the discussion back to the Council in January. Council member Kronmiller said he could support the LMCCR application and to use $600 for the trail connection design. Morell noted that this could be funded from the 401 Capital Fund. Council member Lubke asked if the $600 could come from EDA funds? Council member Kronmiller said the EDA developed the Tourism Committee to create an environment to foster development, which this ties into. Kronmiller, second by Benson, moved to authorize staff to work on the application and fund the $600 from EDA funds for the trail connection design. Motion carried 3-1, with Cusick opposed. ORGANIZED COLLECTION AGREEMENT FOR SOLID WASTE AND RECYCLING SERVICES WITH WASTE MANAGEMENT City Administrator Morell presented the final contract for trash and recycling services with Waste Management, saying it is unchanged from the earlier review with the Council. The contract runs from January 1, 2024 to December 31, 2030. Jason Hartman, Waste Management, was present to answer any questions. Scandia City Council December 19, 2023 Page 9 of 10 Mr. Hartman explained that the company had staffing challenges earlier this year, but this is getting resolved. There are clauses in the contract for missed pickups. Benson, second by Cusick, moved to approve the Waste Management Agreement for Trash and Recycling Services. Motion carried 4-0. PROPOSAL FOR ASSESSMENT SERVICES FOR 2024-2027 – CITY ASSESSOR PATRICK POSHEK City Assessor Patrick Poshek, began contracted assessing services with Scandia in 2018, and has proposed a new three-year contract from 2024 through 2027. The current contract runs until the Board of Appeal in April 2024. The new contract has a rate of $2,000/month, a $200 increase per month from the expiring contract. Council member Kronmiller said Mr. Poshek does a good job, and this is a reasonable rate not out of line. Cusick, second by Lubke, moved to approve a proposal from Patrick Poshek for Assessing Services from 2024-2027. Motion carried 4-0. RESOLUTION NO. 12-19-23-11 – CHANGES TO PERSONNEL POLICY (EARNED SICK AND SAFE TIME, PREGNANCY PROTECTION) City Administrator Morell explained the new laws which require employers to provide earned sick and safe paid leave to employees. The new policy must be in place and ready to begin accruals on January 1, 2024. The city has a paid time off policy for regular full-time employees which exceeds the minimum standard in the ESST law, but this would apply to temporary and part-time employees, including the fire department. Employees would accrue one hour of ESST for every 30 hours worked, with the maximum of 48 hours of ESST time each year. The City Attorney reviewed the City’s ESST policy, and also recommended other polices be adopted to be in compliance with state law. A resolution was prepared for the addition of the Earned Sick and Safe Time Policy, a Pregnancy and Parenting Employee Leave Policy, Lactating Employee Policy, and a Pregnancy Accommodations Policy. Lubke, second by Benson, moved to adopt Resolution No. 12-19-23-11, Amending the City’s Personnel Policy as presented. Motion carried 4-0. RESOLUTION NO. 12-19-23-12 ADOPTING THE 2024 CITYWIDE BUDGET AND CERTIFYING THE 2024 PROPERTY TAX LEVY; AND ADOPT RESOLUTION NO. 12-19-23-01 – ESTABLISHING EMPLOYEE PAY RATES FOR 2024 City Administrator Morell presented the final levy and budget for 2024 to be acted on by the Council. A resolution was prepared with proposed figures for the levy: 2024 Property General Purpose Tax Levy General Fund $1,865,918 Debt Service Funds $345,634 Capital Improvement Fund $235,000 Scandia City Council December 19, 2023 Page 10 of 10 Park Investment Fund $60,000 Equipment Replacement Fund $110,000 Local Road Improvement Fund $375,000 Economic Development Authority $5,300 Total Property Tax Levy $2,996,852 Morell explained that adjustments were made in the CIP fund to reflect updates to the rink board project, and actual costs for the Tender 2 fire truck replacement. The levy reflects a 6.89% increase over 2023, with a tax rate projected to be 26.633%, a 0.174% increase over 2023. In addressing Council member Lubke’s earlier question about pay rates for department heads, City Administrator Morell reported on a wage research salary survey he completed for the Fire Chief and Public Works Director. Morell reported that the Fire Chief is being comparably paid, however the PW Director is underpaid as compared to metro communities with similar populations, but an average wage as compared to outstate communities. Morell said a 6% market adjustment would boost the salary to the metro range. Council member Lubke said he could agree to this market adjustment. Morell said there would need to be a budget adjustment for an increase in wages for the PW Director but the levy figures would stay the same. Lubke, second by Cusick, moved to adopt Resolution No. 12-19-23-01, Employee Pay Rates for 2024 with a 6% market adjustment and 3.5% cost of living adjustment for the PW Director. Motion carried 4-0. Benson, second by Lubke, moved to adopt Resolution No. 12-19-23-12, Adopting the 2024 Citywide Budget and Certifying the Property Tax Levy Payable in 2024, with a budget adjustment for PW Director wages. Motion carried 4-0. ADJOURNMENT Lubke, second by Benson, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 9:45 p.m. Respectfully submitted, Brenda Eklund City Clerk