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06-18-2024 MeetingJune 18, 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, City Engineer Ryan Goodman, Deputy Kevin Booth, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Benson, seconded by Kronmiller, moved to approve the agenda as presented. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Booth reported on May statistics for police calls and citations. In May, there were 117 incidents and 6 citations. The dumping complaint that was reported on last month has not received a response back from the MPCA. This month has seen an increase in noise complaints and disturbances, and extra patrol requests in the Bliss neighborhood for complaints and speeding on Oakhill Road and on Olinda Trail. Booth said he is monitoring Log House Landing for illegal parking, but there have been no violations yet. Short-term rental complaints are being monitored, and Booth said he is working with property owners to curb the complaints. More water patrols are out this summer on the area lakes. PUBLIC FORUM Kathleen and Joseph Krause, 12120 228th Street, addressed the Council saying the house next door at 12100 228th is a vacation rental and every weekend is having loud parties and they don't want to put up with that all summer. Ms. Krause said the owner lives in Minneapolis with a caretaker living on the property. Ms. Krause asked what the city can do as this is making their lives miserable. They also stated concerns about the septic capacity for so many guests using the property. City Administrator Morell said the city has the nuisance ordinance for noise not to exceed a certain decibel level. Deputy Booth said he was called out there for the recent wedding parry, and at 8:30pm observed a small gathering. Booth said the music was not loud, but recommended the music shut down before the planned ending time of 9pm. Booth said he spoke to the owner about events, to increase the age limit to curb the loud parties, to consider a rule on number of cars, and limit types of events allowed. The owner agreed to no more bachelor or wedding parties going forward. Booth said he will write citations if the noise issue is not solved, and told the Krauses to Scandia City Council June 18, 2024 Page 2 of 6 call the Sheriff's Department when the noise is occurring. Booth said he has earmarked this property for driving by on weekends. Mayor Maefsky asked if any other vacation rentals in Scandia are gathering complaints. Administrator Morell said there are none that he is aware of. Maefsky said the city can start enforcing the nuisance ordinance with citations to curb loud activities. There were no other public comments. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) May 21, 2024 Regular Meeting b) Treasurer's Report c) Payment of Vouchers d) Approve Special Event Permit for Taco Daze, Scandia-Marine Lions Club (September 7, 2024) e) Approve Excluded Raffle Permit — Gammelgarden Museum Running of the Meatballs (September 7, 2024) f) Approve Special Event Permit for Scandia Heritage Alliance Historic Home Tour (October 12, 2024) Benson, second by Kronmiller, moved to approve the Consent Agenda as presented. Motion carried 5-0. PARK & RECREATION COMMITTEE Parks Committee Vice Chair Greg Zauner reported on the June 3rd meeting, saying the Committee appreciates the continued efforts for improvements to the tennis/pickleball courts. The Committee is planning for Midco Day in August by gathering stories for the Lilleskogen story boards and also stories for the Swedish visitors in September. PLANNING COMMISSION Variance at 13566 230th Street North to allow impervious surface within the setback from the ordinary high-water level of a natural environment lake. Applicant Troy Criego. Resolution No. 06-18-24-01 Planner Hofer described the request for a variance for the location of an existing driveway within the setback of a natural environment lake and wetland at 13566 230th Street North. Troy Criego owns five parcels and is looking to build a residence on one of the lots. Hofer said a lot combination is required that will create one new tax parcel. The farm road that served the agricultural use for the property will be improved to serve the new residence and is defined as a legal nonconformity. Improvements to the driveway will be made to drain water flow away from wetland network. Hofer said staff views this request as meeting the practical difficulties as defined in the Unified Development Code. At their meeting on June 4th, the Planning Commission recommended approval. A resolution of approval with findings and conditions was presented. Hofer explained that Condition #6 should Scandia City Council June 18, 2024 Page 3 of 6 be amended to state that the "nonconforming driveway shall not be allowed to expand through an administrative permit" rather than by referencing the UDC section. This was recommended by legal counsel. Cusick, second by Lubke, moved to adopt Resolution No. 06-18-0-24-01, Approving a Variance for an Impervious Driveway at 13566 230th Street North with an amendment to Condition #6 as recommended by staff. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE Council member Kronmiller said the IAC met last month and will meet on June 20th. Expansion of broadband internet in the Big Marine area is proceeding. Midco is taking in pre -registration for service when it becomes available. The Committee is waiting for the DEED grant announcement sometime this summer. If Midco is awarded this grant, there will be 117 homes left to connect in Scandia. TOURISM COMMITTEE Tourism Committee Chair Sue Dickens was present over Zoom. The Committee didn't meet last month due to no quorum present. At their meeting on June 25th, they will tabulate survey responses from garage sale participants. BUILDING OFFICIAL The May building activity report was in the meeting packet. In May, 36 building permits were issued at a valuation of $616,127. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department's May activity. Last month the department responded to 31 calls; 11 fire and 20 medicals. The department recently responded to a structure fire in May Township. CITY PLANNER Scandia Plaza Drainage and Utility Easement Vacation — Call for Public Hearing, Resolution No. 06-18-24-02 Planner Hofer explained a necessary drainage and utility vacation in the Hawkinson Business Park for the proposed expansion of the Scandia Plaza. Staff recommended to set a public hearing for the easement vacation at the Council meeting on July 16th Kronmiller, second by Lubke, moved to adopt Resolution No, 06-18-24-02, Setting a Public Hearing on the Proposed Vacation of a Drainage Easement. Motion carried 5-0. Planner Hofer reported that site plan review for the Scandia Plaza expansion was tabled at the Planning Commission meeting on June 4t1i for more revisions. Laurel Ridge Development was also tabled as the requested revisions were received too late for the June meeting, but will continue to be reviewed at the meeting on July 2na Scandia City Council June 18, 2024 Page 4 of 6 CITY ENGINEER Engineer Goodman reported that the street project is a week behind schedule due to rain. The Hwy 243/Osceola bridge project will have a public meeting on June 25th in Osceola. Tii Gavo 2nd Addition — Letter of Credit Reduction No. 1 Engineer Goodman presented a request from Tii Gavo Second Addition representatives for a reduction to the letter of credit being held by the City for site improvements that have been completed to date. Goodman explained that installation of the sewer system to individual lots is completed, as is installation of storm sewer culverts and storm basins, streets up to the base course, and placement of erosion control devices. Goodman said the estimated value of the remaining site work is $115,600, and recommended the current letter of credit in the amount of $557,600 be reduced to no less than $115,600 for this project. This amount includes 125% of the estimated construction of the remaining items as required by the Development Agreement. Benson, second by Lubke, moved to accept a Letter of Credit reduction to $115,600 for Tii Gavo 2nd Addition. Motion carried 5-0. 2024 Tennis Court Reconstruction Project — Approve Plans & Specs and Authorize Ad for Bid Engineer Goodman requested that the City approve plans, specifications, and authorize advertisements for bids for the 2024 Tennis Court Reconstruction Project. The project has been budgeted at $556,700 which includes the base bid and alternates. Goodman provided the following timeline for the project: Approve Plans & Specifications/Authorize Ad for Bid June 18, 2024 Bid Opening July 10, 2024 Consider Contract Award at City Council Meeting July 16, 2024 Construction September 2024 — June 2025 Council member Kronmiller questioned the plans and specs. City Administrator Morell said the project will be receiving bids for all alternatives; based on these costs, the Council will determine how they want to proceed. Staff is not asking for approval for work at this point. Kronmiller, second by Benson, moved to approve plans, specifications, and authorize advertisements for bids for the 2024 Tennis Court Reconstruction Project. Motion carried 5-0. 2024 Street Improvement Project — Contractor's Request for Payment No. 2 Engineer Goodman recommended approval of Pay Request No. 2 from Asphalt Surface Technologies Corporation for work required to final grade roadways, remove and replace culverts, ditch grading, base paving, and reclaiming. This request includes withholding 5% retainage. Kronmiller, second by Lubke, moved to approve Pay Request No. 2 and pay $487,224.32 to Asphalt Surface Technologies Corporation. Motion carried 5-0. Scandia City Council June 18, 2024 Page 5 of 6 DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. Recent storm events with lots of rain has the department busy removing fallen trees across roads. CITY ATTORNEY Attorney Eric Larson reported that cities are wrestling with regulations for cannabis businesses now that the state law has taken effect and the State Office of Cannabis Management gets established. The City has an interim ordinance for a moratorium on cannabis businesses until January 1, 2025, but the interim ordinance prohibiting hemp businesses expires on August 22"d Larson said he is advising the Council to hold a public hearing in July to extend the moratorium. CITY ADMINISTRATOR City Administrator Morell explained the interim ordinance on hemp businesses expires on August 22nd. To extend the moratorium to mirror the interim ordinance on cannabis businesses, the city must hold a public hearing to extend the hemp ordinance or otherwise this could create a nonconforming business. Morell said there is a narrow window of time to hold the hearing between July 23 and August 7. Based on staff availability, July 24th at 6:30pm was selected by Council to hold the public hearing. Morell added that there will also be discussion on where locations for sales, growing and processing will be allowed. LAKES AREA TV JOINT POWERS At the March Work Session, the topic of rejoining the Forest Lake Cable Commission was discussed with Coordinator Paul Peterson who outlined the steps necessary to rejoin, starting with adoption of a resolution confirming an interest to rejoin the Commission. A resolution to rejoin was adopted by the City Council in 2021, but at the time never pursued by staff with the other cities in the Commission. Administrator Morell explained that Council can re -approve the resolution from 2021, and presented the Council with an updated resolution stating intent to rejoin the Commission. Franchise fees being collected by Scandia will then go to the Cable Commission, at least 88%. In return, Lakes Area TV will stream and store city meetings and provide documentary style videos for promotion of the community. Council member Kronmiller questioned if there will be benefits that outweigh the loss of franchise fees. Administrator Morell said it could be a loss financially, but storing meetings online is now a cost to the city. Any additional programming being televised for us depends on how much we use it. The city will still have work sessions and other committees to stream and store with Boxcast, but there can be some reduced monthly storage costs. Council directed staff to bring this proposal back to a future meeting with a more thorough look at the financial numbers. CITY HALL AND COMMUNITY CENTER IMPROVEMENTS The 2024 budget includes $67,548 in the CIP fund for improvements to the city office and community center. Staff acquired quotes for the project and recommended Wood Crest Builders Scandia City Council June 18, 2024 Page 6 of 6 for $80,661. This did not include the cost of office furniture, estimated at $9,228 from state contract pricing. Administrator Morell said some costs could be reduced to save money on the project such as having staff do some tasks rather than the contractor and removing some of the line items. Morell said the quotes are above budget, but the kitchen repairs could be allocated to the Community Center budget. Council member Benson asked if they could get a better estimate before approving the project. Administrator Morell said staff can review the quotes internally to see what line items can be reduced with more fine tuning. Morell said removing the hall mural and additional window can reduce the cost by $10,000. Staff will bring the project back for more discussion on removing additional costs to stay within the confines of the budget. ADJOURNMENT Benson, second by Lubke, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:00 p.m. Respectfully submitted, Brenda Eklund City Clerk