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04-16-2024 Meeting April 16, 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, Steve Kronmiller, Mike Lubke and Mayor Christine Maefsky. Absent: Council member Jerry Cusick. Staff present: City Administrator Kyle Morell, City Attorney Eric Larson, City Planner TJ Hofer, City Engineer Ryan Goodman, Deputy Kevin Booth, 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) Audit Report will be moved up to follow Agenda Item #7.) Public Hearings. Benson, seconded by Kronmiller, moved to approve the agenda as amended. Motion carried 4-0. LAW ENFORCEMENT REPORT Deputy Booth reported that he spent the past two weeks at D.A.R.E. training in Stillwater and is now certified for teaching the program at Scandia Elementary, which started on Monday with the 6th grade class. Graduation for students in the program will be held on the last day of the school year. Mayor Maefsky recommended the City authorize teaching the D.A.R.E. program as an agenda item each January or February on an annual basis as a show of support for the program. Deputy Booth reported that incidents for the past month are steady, with a total of 73 calls in March and 6 citations written for driving offenses. A motor vehicle theft from an open garage with keys in the vehicle occurred in March and is being investigated. Booth said the department is ready for the typical increase in call volume as the weather warms up. Awareness to the public of scam calls is being intensified by the County Sheriff’s Department in response to the many reports of this type of call. PUBLIC FORUM There were no public comments. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) March 19, 2024 Regular Meeting 2) April 3, 2024 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve Request to Waive Community Center Rental Fees for Rabbit & Cavy Breeders Anonymous Club Scandia City Council April 16, 2024 Page 2 of 6 e) Accept Donation from the Scandia Fire Relief Association for the purchase of dive equipment – Resolution No. 04-16-24-01 f) Approve Excluded Raffle Permit for Scandia Elementary PTO, May 17, 2024 Benson, second by Kronmiller, moved to approve the Consent Agenda as presented. Motion carried 4-0. PRESENTATION BY SCHLENNER WENNER & COMPANY ON THE 2023 AUDITED FINANCIAL STATEMENT Jon Archer, Certified Public Accountant with Schlennner Wenner, presented the 2023 audit report of the city’s financial records, giving an unmodified clean opinion, with acceptable records and the highest achievable rating. Mr. Archer said there were no issues, unusual transactions or difficulties in conducting the audit. Mr. Archer addressed a new GASB standard, with no implications to accounting. At the end of 2023, General Fund revenues exceeded budgets by $62,307 and expenses were under budget by $68,159. This allows for a transfer of funds from the General Fund to the Capital Improvement Fund. The unassigned fund balance in the General Fund of $1,336,309 is 61.23 percent of the 2023 General Fund budgeted expenditures. The Local Road Improvement Fund finished with a lowered cash balance of $100,002 at the end of the year; the fund balance decreased by $797,737 primarily due to planned capital expenditures for street reconstruction projects exceeding the revenue sources for the fund. The Capital Improvement Fund ended with a balance of $708,799. Interest has brought an additional $10,059 to the Covid Relief Fund, showing a year-end balance of $466,422. The Big Marine Sewer Fund is showing effects of rate increases, ending the year with a positive balance. The Uptown Sewer Fund is close to a break- even status. Expanded capital purchases in 2023 are increasing the valuation of the city’s assets. Mayor Maefsky thanked Mr. Archer for the thorough report. PARK & RECREATION COMMITTEE Park and Recreation Committee Chair Terry Gorham reported on the April 2nd meeting of the PRC. April 20th Earth Day events are planned at Hay Lake Park; sun and star gazing with the MN Astronomical Society through the day and evening, and a bird feeder activity from 1-3pm. The Committee is making plans for Midco Day in August, including a children’s story walk and food event at Lilleskogen Park. Parks and Recreation Committee By-Laws Amendment Consideration The Committee voted to move up the start time of PRC meetings from 7pm to 6pm. Council approval is needed to accept an amendment to the PRC by-laws. Benson, second by Kronmiller, moved to amend the PRC bylaws as voted on by the Committee. Motion carried 4-0. PLANNING COMMISSION Amending the City of Scandia 2040 Comprehensive Plan, regarding Density and Zoning. Planner Hofer described the proposed changes to the City’s 2040 Comprehensive Plan to resolve differences in the document and the City’s Unified Development Code (UDC) as it relates to Scandia City Council April 16, 2024 Page 3 of 6 density in the Village Neighborhood zoning district as to better reflect the intentions of the Council. The amendment will change the existing density of the VN District from 1 dwelling unit (DU) per 2.5-acres to 4 DU per 40 acres as well as allow higher densities of 1 DU per 1.5- acres depending on the land use intensity and the ability of the site to manage wastewater. Hofer explained additional updates to detail the use of Planned Unit Developments and the bonus density that can be gained, updates to tables to reflect new zoning districts as established by the UDC, and an update to the future land use map by moving the western edge of the VN district further to the east. Planner Hofer reported that following the public hearing at their meeting on April 2, 2024, the Planning Commission recommended approval of the amendments which were provided in resolutions to the City Council. Hofer said the Commissioners recommended rephrasing bonus density language, striking language in the VN future land use for clarity, and removing the words “public” and “municipal” from the VN District summary table. Hofer said there was much discussion on what needs to be done to allow higher density based on a site’s ability to handle wastewater, and concluded by a vote of 4-1 to recommend that either a public or private shared septic system could allow for higher density regardless of who operates the septic system. Hofer said if the Comp Plan is amended with this language, a follow-up UDC amendment is needed as the UDC requires municipal services be installed. Council member Kronmiller said the Commissioners at first had some confusion of the words that municipal is city-run versus a developer’s shared system. Because Scandia may never have a city operated sewer it can therefore never have smaller lots. Kronmiller said the Commissioners found it acceptable to not require the septic system be operated by the city. Mayor Maefsky said she has a problem allowing a septic system to be privately owned; the system could fail, the developer may back out and it becomes the city’s system to maintain. Administrator Morell said he didn’t think that a municipality can be forced by the state to take over a private system; the City would need to agree to accept it. It’s likely the responsibility of the homeowner’s association and repairs would be assessed to the property owners. Mayor Maefsky asked if there is a certain number of users needed to make it a shared system? Planner Hofer said this is currently not defined, but the city would need to set a number in the UDC. Administrator Morell said that to get bonus density, a developer would need to meet a minimum number. Mayor Maefsky said she would like to see what that number is. Hofer said staff will need to consult with an expert in this field to figure out what that number is. Mayor Maefsky said that leaving the language as requiring a municipal/public septic system gives an incentive for the city to set one up; a public system would be better for the city. Administrator Morell addressed the Commissioners findings that if the city has no plans to operate a municipal septic system, this is essentially barring development in the VN district. Amending the language as recommended by the Commission will allow a privately owned septic system to be operated by a homeowner’s association, and allow for smaller lot density. Morell Scandia City Council April 16, 2024 Page 4 of 6 said a commissioner had concerns of failure which then look to government to take the system over, but he is not aware that it can be forced on a city. Mayor Maefsky said she would like to know more about the implications of failure, the minimum number of users for a shared system, the lot sizes of the existing properties in the VN, and how changes to the Comp Plan are related to the UDC. Administrator Morell recommended a decision be tabled to allow staff to bring this to the next work session with as many answers as can be found. Maefsky, second by Benson, moved to table action on amendments to the Comprehensive Plan. Motion carried 4-0. SCANDIA INTERNET ACTION COMMITTEE The Internet Action Committee met on March 21, 2024. Council member Kronmiller said Midco representatives were present to report that they are making good progress on this year’s installation. Midco will be applying for a grant to extend broadband to the Big Marine Lake area, to homes along 205th Street and along Oakhill Road, gaining another 72 passings if the line extension grant is awarded. Midco is looking for the city to commit funds for a Border-to-Border grant from the state for award next year. Applications are due May 10th. Administrator Morell reported that Frontier has approached the city to work on a BEAD grant for award in 2025 and construction in 2026. TOURISM COMMITTEE The Tourism Committee did not meet in March. The next meeting will be held on April 23, 2024. BUILDING OFFICIAL The March building activity report was in the meeting packet. In March, 25 building permits were issued at a valuation of $681,051. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s March activity. Last month the department responded to 15 calls; 6 fire and 9 medicals. The department is conducting a live structure fire training on May 4th dependent on weather; an old farmhouse on 205th Street. CITY ENGINEER Engineer Goodman reported that large tree removal along the 2024 Street Project area will begin soon. Notices have been sent to residents. Application to the Minnesota Public Facilities Authority - Resolution No. 04-16-24-05 Engineer Goodman explained the resolution to allow an application to the Public Facilities Authority for a possible wastewater loan. Awards will be announced in July for this low interest loan that could be used for necessary Big Marine Sewer improvements if other mechanisms to obtain funding do not transpire. Scandia City Council April 16, 2024 Page 5 of 6 Lubke, second by Benson, moved to adopt Resolution No 04-16-24-05, Application to the Minnesota Public Facilities Authority. Motion carried 4-0. DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. Fischer addressed the recent complaints about damage to private property by installers of Midco’s broadband service; the contractor will be restoring the damaged property. CITY ATTORNEY Attorney Eric Larson had no report. CITY ADMINISTRATOR City Administrator Morell added to his written report. A discussion on the Bliss Stormwater Project will be on the May 1st Work Session agenda. The Watershed is looking for Council approval for continued commitment to cost sharing in the project. The bids came in higher since first proposed. COMFORT LAKE FOREST LAKE WATERSHED REQUESTED RESOLUTION OF SUPPORT, RESOLUTION NO. 04-16-24-04 Administrator Morell explained a proposed acquisition by Comfort Lake-Forest Lake Watershed District of property south of Bone Lake to be preserved as wetland and open native prairie. The Watershed is looking for a non-financial resolution of support. The City previously provided a letter of support in 2022. Mike Kinney, CLFLWD Administrator, was present and explained that they have been discussing a purchase with the landowner of 22211 Lofton Avenue over the past 2 years to acquire 250 acres of land he is selling. The landowner would retain approximately 70 acres with the existing house and outbuildings. Mr. Kinney said this resolution of support will benefit a Land & Water Legacy grant application. Mr. Kinney said having a 120-acre wetland owned by one individual is unique, and acquisition of the property will have positive impacts to Bone Lake and a corridor benefit in the County’s trail plan. Council member Kronmiller said the market value of this property is $2.5 million; what would the effect be to the city’s tax base if acquired by the Watershed? Mayor Maefsky said the majority is agriculture land and not highly taxed; the landowner will be keeping the house and buildings on the tax role. Lubke, second by Benson, moved to adopt Resolution No. 04-16-24-04, Supporting the Comfort Lake-Forest Lake Watershed District Acquisition of Property in Scandia. Motion carried 4-0. ADMINISTRATIVE CITATION HEARING OFFICER CONTRACT Administrator Morell reported that one proposal from Libby Law was received in response to the Request for Proposals for a Citation Hearing Officer. Morell said Kirsten Libby is offering a one- Scandia City Council April 16, 2024 Page 6 of 6 year agreement at $600 per hearing with up to four hearings per month. The hearing fee is paid by the applicant if they lose. Council member Benson said the city should eventually have a back-up person if there is ever a conflict with a hearing. Morell said this back-up could be someone from her office, but he will check with Ms. Libby. Benson, second by Lubke, moved to accept the proposal for a Citation Hearing Officer with Libby Law. Motion carried 4-0. ADJOURNMENT Lubke, second by Benson, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:46 p.m. Respectfully submitted, Brenda Eklund City Clerk