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02-20-2024 Meeting February 20, 2024 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, Engineer Isiah Bubany, Deputy Kevin Booth, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Council member Kronmiller called for an addition to the agenda under General Business 10.b) Discussion about Waste Management. Benson, seconded by Lubke, moved to approve the agenda as amended. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Booth returned from an emergency call at 7:48 p.m. Booth clarified that a burglary on the January call report was mis-identified, but instead a suspicious person call; the person did not gain entry. Booth reported that he is conducting speed enforcement on Oakhill Road into town and in front of the school. A Community Service Officer car is making rounds in responses to animal complaints, vehicle lockouts, and minor service calls. PUBLIC FORUM No public comments were made. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) January 16, 2024 Regular Meeting 2) February 7, 2024 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Appointment of Planning Commission Chair and Vice-Chair e) Approve Park User Permit for Fastpitch Softball Tournament June 28-30, 2024 f) Approve Washington County Historical Society Temporary Liquor License for Beer Tasting Event on June 15, 2024 g) Approve Summer Park Program – Art in Action Camp h) Approve Off-Site Gambling Permit for Lakes Center for Youth & Families on April 25, 2024 Benson, second by Kronmiller, moved to approve the Consent Agenda as presented. Motion carried 5-0. Scandia City Council February 20, 2024 Page 2 of 8 PUBLIC HEARING Ordinance No. 2024-01, Revisions to City of Scandia Administrative Code Chapter 32, Administrative Citations and Civil Penalties. Adopt Resolution No. 02-20-24-01, Approving Revisions to Scandia City Code, Chapter 32; Adopt Resolution No. 02-20-24-02, Publication Summary City Attorney Larson presented revised Chapter 32, Administrative Citations and Civil Penalties, based on the January 19th Council direction regarding the hearing officer provisions. Larson stated that this ordinance revision has been in the works the past few months in efforts to make administrative citations a more effective mechanism for enforcement of the City’s codes. Larson said this final document will facilitate the City’s administrative code enforcement process and result in the use of hearing officers to resolve code enforcement disputes between the city and its residents. At the February 7th Work Session, Council directed staff to issue an RFP for recruitment of Hearing Officers. Administrator Morell said one law firm has requested a copy of the RFP, which has a deadline of March 12th. Attorney Larson explained that the ordinance shows stricken text and added underlined text, while the approval resolution has the clean version. Larson said he also provided a summary resolution for publication. Mayor Maefsky opened the hearing at 7:08 p.m. There were no comments and Mayor Maefsky closed the hearing. Council member Kronmiller said this is a great step in the right direction for enforcement of the city’s codes. Kronmiller, second by Cusick, moved to adopt Ordinance No. 2024-01, Revisions to City of Scandia Administrative Code Chapter 32, Administrative Citations and Civil Penalties; Adopt Resolution No. 02-20-24-01, Approving Revisions to Scandia City Code, Chapter 32; Adopt Resolution No. 02-20-24-02, Publication Summary. Motion carried 5-0. PARK & RECREATION COMMITTEE PRC Vice Chair Greg Zauner reported that Vinterfest went smoothly but many activities were cancelled due to warm temperatures and lack of snow. The Friday evening expansion was well attended. There were 300 served for breakfast, 350 attendees at the Gammelgarden Museum, and $550 in button donations. The Lions food truck was a new addition, along with new events hosted by Gammelgarden, Scandia Heritage Alliance, and Elim Church. 2023 Annual Report The 2023 annual report was provided in the meeting packet. Vice Chair Zauner highlighted upcoming events for this year: Midco Days, a literature event at Elim Church to promote exploration of local parks such as Lilleskogen and Wind in the Pines, 2 sessions of Art in Action summer camp, rescheduled star gazing on April 20th, and a birdfeeder craft on National Night Out. Scandia City Council February 20, 2024 Page 3 of 8 PLANNING COMMISSION Comprehensive Plan Amendment to remove Agricultural Preserve, a Zoning Map Amendment, and Variance for a nonconforming lot to construct a single-family dwelling at 13429 Mayberry Trail North. Applicant Natalie Romleski on behalf of property owner Rita Ambourn. Resolution No. 02-20-24-03 Amend Future Land Use Map; Ordinance No. 2024-02 Amend Zoning Map; Resolution No. 02-20-24-04 Approve Findings of Fact for Rezoning; Resolution No. 02-20-24-05 Approve Variance for Nonconforming Lot Planner Hofer summarized the Planning Commission’s recommendation to approve a comprehensive plan amendment, a zoning map amendment and a variance at 13429 Mayberry Trail North. The approvals allow for the construction of a single-family dwelling on the property. Lack of road frontage makes the lot nonconforming. The guidance of Ag Core will be removed to be consistent with guidance for General Rural in the 2040 Comp Plan. Hofer said that based on the size of the property as 22.5 acres and to meet density, General Rural zoning is applied. Staff findings for the map amendments and the variance for lack of sufficient road frontage were found to be consistent with the Comp Plan. Hofer explained that when the lot was split in 2020, a variance from necessary road frontage should have been required at the time. Access to the property is through a parcel to the north, with an ingress egress document recorded for the access. An ordinance and resolutions were prepared and presented for approval. Kronmiller, second by Cusick, moved to adopt Resolution No. 02-20-24-03, Amend Future Land Use Map; Ordinance No. 2024-02, Amend Zoning Map; Resolution No. 02-20-24-04 Approve Findings of Fact for Rezoning; and Resolution No. 02-20-24-05, Approve Variance for Nonconforming Lot. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE The Internet Action Committee did not meet in February. TOURISM COMMITTEE Tourism Chair Sue Dickens reported on the January 23rd meeting. Scandia Heritage Alliance’s America in Bloom grant will have a member of the committee participating with consultant meetings this summer. The Tourism Committee was asked to consider a winter craft show as part of Vinterfest 2025, but concluded that there is not sufficient time to set up for a Sunday event. The Committee will bring ideas forward to help promote health related businesses in Scandia, consider a spring kickoff event in Scandia, and begin planning for the annual garage sale at their next meeting on February 27th. BUILDING OFFICIAL The January building activity report was in the meeting packet. In January, 19 building permits were issued at a valuation of $984,325. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s January activity. Last month the department responded to 29 calls; 6 fire, 21 medicals, and 2 cancelled calls. The Fireball fundraiser will be held this Saturday. Scandia City Council February 20, 2024 Page 4 of 8 Annual Fire Chief Report Fire Chief Hinz recapped points of interest in a 2023 summary report – call volume was down slightly but man hours were up, explained by more fire related and vehicle accident calls. All new recruits have passed EMT testing, and the entire department is close to being 100% certified. The new generator was installed this past year and working great. The department dedicated a firefighter memorial last fall, replaced the boat and utility truck, and had four members receive honorary lifetime membership in the Minnesota State Fire Department Association. Annual Recap for M Health Ambulance Service – Kevin Kane Tom Dunn, Deputy Chief for M Health Ambulance Service, presented the 2023 operational report. The service covers a large northern geography with 3 ambulances based in Forest Lake, and increases to four when needed during peak calls to the north region. In 2023, the service responded to 271 emergency 911 calls requests in Scandia. Non-transports numbered 85. Dunn explained that these are calls in which the paramedics provided medical direction to the patient; this is better for a patient to be left at home, rendered aid and show improved conditions so that no transport is needed. Dunn said the average call time of 13:49 is deemed lengthy but consistent with rural Minnesota, as the closest posting station is in Forest Lake. Kevin Kane, Chief of EMS, said he is based full-time in the northern region. M Health started in June of 2020, and they have been meeting monthly with the Fire Department for quality partnership. M Health provides Scandia EMS training free of charge to keep the department certified. CITY PLANNER Planner Hofer explained updates to the Unified Development Code for variances and tree preservation, and updates to the Shoreland Ordinance that will be brought to the Planning Commission in March. CITY ENGINEER Engineer Isiah Bubany attended in place of City Engineer Goodman, who provided a report in the meeting packet. 2024 Street Improvement Project – Project Award and Request to Authorize Additional Streets Bids for the 2024 street project were opened on January 24th. Staff recommended the award for base plus alternate go to the lowest bidder. Contractor Base Bid Alternate 1 Base + Alt Asphalt Surface Technologies Corp. $2,434,745.12 $6,000.00 $2,440,745.12 Park Construction Company $2,459,039.70 $10,200.00 $2,469,239.70 Valley Paving, Inc. $2,483,828.75 $2,600.00 $2,486,428.75 North Valley, Inc. $2,493,581.83 $5,302.95 $2,498,884.78 Northwest Asphalt $2,596,176.30 $10,000.00 $2,606,176.30 Dresel Contracting Inc. $2,612,650.31 $7,770.00 $2,620,420.31 OMG Midwest Inc. $2,660,023.41 $7,791.40 $2,667,814.81 Bituminous Roadways Inc. $3,020,618.00 $5,000.00 $3,025,618.00 Scandia City Council February 20, 2024 Page 5 of 8 Benson, second by Kronmiller, moved to award the Base Bid and Alternate to Asphalt Surface Technologies Corporation, in the amount of $2,440,745.12. Motion carried 5-0. Due to the lower than anticipated bids, staff recommended additions of Lamar Avenue, 186th Street N, Kirk Avenue, and 185th Street N (West of Manning Trail N) to the 2024 Street Improvement Project, in the amount of $315,000.00. Engineer Bubay stated that this additional work would have the project staying slightly under the original estimate for the project. Benson, second by Kronmiller, moved to approve additional streets be added to the 2024 Street Improvement Project in the amount of $315,000. Motion carried 5-0. 2024 Crack Fill and Seal Coat Project – Authorize Preparation of Plans and Specifications Engineer Bubay stated that staff has identified streets for a larger crack fill and seal coat project in 2024. City Administrator Morell added that due to low bids for the street project, this is an opportunity to get additional work done this year through capital funding. Future seal coat projects will be moved to the Public Works budget. The Engineer provided an estimate of $620,000. Morell said the Council does not need to commit to the project, but first see where bids come in. Public Works Director Fischer explained that seal coat will be to the 2017-2019 reconstructed roads. Kronmiller, second by Lubke, moved to authorize preparation of plans and specifications for the 2024 Crack Fill & Seal Coat Project. Motion carried 5-0. 2024 Tennis Court Re-Surfacing Project – Authorize Preparation of Plans and Specifications Engineer Bubay requested the City Council authorize preparation of plans and specifications for the 2024 Tennis Court Re-Surfacing Project. Bubay explained that the project is broken into a base bid and 2 alternates. Base Bid Alternate 1 Alternate 2 $245,400.00 $168,300.00 $143,000.00 The base includes full resurfacing of the Community Center court only, and to stripe it as pickleball courts. Alternate one would construct a new tennis court adjacent to the existing. Alternate two would reclaim and resurface the existing Barton Johnson tennis court. Bubay said the alternates do not include engineering costs, only construction. Council member Kronmiller said having just pickleball courts would be a concern. Mayor Maefsky agreed on the need to allow for a tennis court. Public Works Director Fischer said Alternate 1 is intended to have an improved tennis court at the Community Center, and Barton Johnson to have dedicated pickleball courts. Fischer said the PRC wishes to optimize the number of pickleball courts with this plan. Council member Kronmiller said they need to know what the numbers are first, then decide what to do when bids come in. Regarding an agreement with Elim Church to add the Barton Johnosn court to the project, Morell said clearer discussion can happen when the bids come in. Scandia City Council February 20, 2024 Page 6 of 8 Kronmiller, second by Benson, moved to authorize preparation of plans and specifications for the 2024 Tennis Court Re-Surfacing Project. Motion carried 5-0. 2024 Street Project Bonding – Jason Aarsvold, Ehlers City Administrator Morell’s memo to the Council summarized the costs for the 2024 Street Project as recommended by staff. The total cost of the project, additional roads and seal coating will be around $3,300,000. The City budgeted $4,000,000 for the project. The City did not levy funds in 2024 to pay for the project. Jason Aarsvold, Senior Municipal Advisor from Ehlers Public Finance, was present to discuss the issuance of bonds to fund the project. Aarsvold said the city has statutory authority to issue bonds for street reconstruction as best fits the project scope. There are procedures to follow for the street reconstruction bonding, such as a public hearing requirement and a 30-day reverse referendum period, but general obligation bonding does not cover crack filling and sealing work. Crack filling and sealing is a maintenance item with a bigger project planned for this year to be financed rather than using cash in the city’s 408 capital fund. Aarsvold explained that a tax abatement bond gives legal authority for a city to issue bonds without a referendum. Tax abatement requires a city to identify parcels with enough city tax to show coverage for 105% of the average annual bond principal payments. The properties benefitting from the improvements need to be identified, but it does not affect their taxes in any way. Aarsvold said this is the only tax effective strategy to finance the crack filling and seal coat project. Aarsvold recommended the general obligation bond and tax abatement bond be issued together for a total of $4 million. It would be one bond with two purposes; however, the Council was provided options for $3.3 million bonding scenario as well. Aarsvold provided a tentative schedule of actions in order to issue the bond by late May 2024. A public hearing would be held on March 19th for bond issuance for the receipt of funds by May 22nd. City Administrator Morell said the $4 million bond amount would allow the city to commit to a larger amount of capital improvements, such as the tennis court project. Morell recommended the city proceed with the schedule as recommended by Ehlers, but before issuing the bonds to have more definitive costs for the capital improvements. Lubke, second by Benson, moved to approve holding a public hearing on March 19, 2024 on the issuance of bonds and on a street reconstruction and overlay plan. Motion carried 5-0. DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. Fischer said he is gathering quotes for repairs to a failing retaining wall in the Bliss area. Scandia City Council February 20, 2024 Page 7 of 8 Equipment Attachment Purchase Public Works Director Fischer presented a request for purchase of an equipment attachment for removal of woody vegetation. Fischer said this will eliminate hand cutting of tree limbs, and be a more efficient way to clean ditches. Fischer said this equipment was budgeted in the CIP for $27,000. The quote from Diamond Mowers, the single supplier of the attachment to fit the tractor, came in at a cost of $22,956.00. Cusick, second by Lubke, moved to approve the purchase of a forestry mulcher from Diamond Mowers at a cost of $22,956.00. Motion carried 5-0. CITY ATTORNEY City Attorney Larson reported on the 2024 legislative session which just got underway. Larson said he will report back to the City Council on any impacts the session may have on the city. CITY ADMINISTRATOR City Administrator Morell discussed potential graffiti abatement language for the city’s code of ordinances. Morell said currently there is nothing in the ordinance to prohibit this nuisance. Morell provided an example from another community and asked if this sample language should be considered for Scandia’s code. Council member Kronmiller said the city’s code has the definition for a sign, which this incident is related to, and he is not convinced this property in question falls under graffiti when the sign definition fits here in this case. Kronmiller said the property owner is communicating messages on his property using signs; therefore, the city has what it needs for code enforcement for this property. Kronmiller added that he is not opposed to adding graffiti to the nuisance ordinance. City Administrator Morell said staff will continue to evaluate the situation and refine the definition. MEMO OF UNDERSTANDING (MOU) BETWEEN CITY AND CARNELIAN MARINE FOR 196TH STREET BIORETENTION BASIN The Carnelian-Marine-St Croix Watershed District and the City have proposed installing a bioretention basin for stormwater quality improvements to Big Marine Lake located on the City’s easement at 196th Street as part of the 2024 Street Improvement Project. A Memo of Understanding was presented for the installation and maintenance of the basin. The total cost of the project will be $24,610, obligating 50% of the cost to be paid by the city ($12,605.00). Ongoing maintenance of the basin will be contracted through Washington Conservation District. City Administrator Morell reported that the Watershed Board approved the MOU at their meeting on February 14th, with an update to Article 2, #10 with language that the City will maintain the basin from January 1, 2026 through January 1, 2050. Council member Kronmiller asked if the project cost was not budgeted, can funds come from the CIP, potential bonding funds, or unused funds. Morell said he has no reservations about funding this out of the 408 CIP fund. Scandia City Council February 20, 2024 Page 8 of 8 Kronmiller, second by Benson, moved to approve a Memo of Understanding between the CMSCWD and the City of Scandia for the installation and maintenance of the 196th Street biorientation basin. Motion carried 5-0. WASTE MANAGEMENT DISCUSSION Council member Kronmiller said that there is social media chatter of Waste Management bills going up more than 4.5%. and residents are confused how some bills are varying. Kronmiller said he is concerned something is not right about the recent billing charges. City Administrator Morell said it’s his understanding that there was no consistency in residential billing this past year. The new contract effective January 1st should have standardized billing as was negotiated in the framework of the contract with Waste Management for trash and recycling services. Morell has heard from some residents abouts issues with self-hauling, but the majority of calls received have not been about billing, but regarding drop-off of carts. Morell stated that staff will add a dedicated page on the city’s website outlining the contract fees with Waste Management. Council member Benson said that extra fees can be added to a statement for overfilling a cart and could be the case for the varying billing costs. Mayor Maefsky said residents should be directed to call the City Administrator if they have questions about their service with Waste Management. ADJOURNMENT Lubke, second by Benson, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:00 p.m. Respectfully submitted, Brenda Eklund City Clerk