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06.a1 Draft minutes 08-20-2024 Meeting August 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, Mike Lubke and Mayor Christine Maefsky. Absent: Council member Steve Kronmiller. Staff present: City Administrator Kyle Morell, City Attorney Eric Larson, City Planner TJ Hofer, City Engineer Ryan Goodman, 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 Booth was not present. The July statistics report for police calls and citations was in the meeting packet. PUBLIC FORUM Presentation of gifts from Sister City Mellerud, Sweden Lynn Moratzka and Patti Ray, co-chairs of the Sister City Council, described the recent trip area residents made to Sister City Mellerud, Sweden, who returned with gifts for the Scandia City Council. The gifts of a plaque, t-shirt, coffee mug and ballcaps were accepted by Mayor Maefsky on behalf of the City. There were no other public comments. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) July 16, 2024 Regular Meeting 2) July 24, 2024 Special Meeting 3) August 7, 2024 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve Special Event Permit for Meisters Bar & Grill – September 7, 2024 e) Authorization for Meister’s Bar & Grill to sell beer at Taco Daze Beer Garden, September 7, 2024 f) Approve Taco Daze Pickleball Registration Event Fee Benson, seconded by Lubke, moved to approve the Consent Agenda as presented. Motion carried 4-0. Scandia City Council August 20, 2024 Page 2 of 5 PARK & RECREATION COMMITTEE Parks Committee Chair Terry Gorham reported that Scandia Community Fun Night held on August 14th was a big success. The Midco booth handed out 400 market bags at the Farmers Market in less than an hour. That evening, Midco awarded monetary prizes to student writers who participated in the storywalk contest at Lilleskogen Park, with 249 votes cast at the event and 300 burgers served. Gorham reported that the children’s story path boards will be replaced with sturdier ones. PRC opened pickleball tournament registrations for Taco Daze which quickly filled. PRC member Greg Zauner will again lead Vinterfest programming for January’s event. PLANNING COMMISSION Zoning Map Amendment to rezone 13952 205th Street North from Rural Residential General to Village Neighborhood, a Site Plan Review for a Major Project, a Preliminary Plat, and a Wetland Review to develop the property as Laurel Ridge, an eight-lot development for single- family homes. Applicant Dwayne Sikich, Continuum Development Group, on behalf of property owner Mitchell Johnson. Council Action: Ordinance 2024-06 Rezoning PID 22.032.20.13.0001; Resolution 08-20-24-01 Finding of Facts for Ordinance 2024-06; Resolution 08-20-24-02 Approving Preliminary Plat, Site Plan Review for a Major Subdivision, and Wetland Review for “Laurel Ridge” Planner Hofer reported that the Planning Commission recommended approval at their August 6th meeting of the preliminary plat and a rezoning for Laurel Ridge, an 8-lot subdivision on a 39.47- acre parcel located at 13942 205th Street North. Hofer’s staff report detailed a thorough review of the application which was first proposed as a 13-lot subdivision concept in June 2023 as allowed density within the 2040 Comprehensive Plan. Due to inconsistencies with the city’s Unified Development Code, a revised concept moved forward for review based on the existing Comp Plan for Village Neighborhood (VN) zoning, allowing for the lots to average just under 5 acres in size. Public hearings were held in May, June, July and August with the Planning Commission. The Commission discussed adding a condition that the development agreement include an escrow by the developers for maintenance of the public stormwater basins along 205th Street, and clarifying the condition that no street lights be required. Resolutions were prepared for approval with findings and conditions. A rezoning ordinance included findings that VN zoning is adjacent to this Rural Residential General property, allowing the zoning district to grow; this is not considered as spot zoning. Hofer explained that the evaluation concluded with no basis for denial to address the safety concerns raised by the neighborhood at the public hearings. Mayor Maefsky asked Planner Hofer to explain why the safety concerns for pedestrians and bikers were determined not to be a concern. Hofer explained that rather staff found the safety concerns applicable to this road would be applied to every rural road in Scandia – nothing in particular makes this more or less safe than other roads. Denial could be a basis if a traffic study showed this – but a traffic study is not required for this size of development as it is for residential development of 50 or more dwelling units. The City Engineer advised that this is a rural road no different than any other section in the city, and this development does not change the level of danger. The level of traffic proposed meets the standards of the UDC. Kirsten Libby, resident on 205th Street and a member of the Planning Commission, addressed the Council and explained her opposition to the recommendation. Libby stated that findings #4 and Scandia City Council August 20, 2024 Page 3 of 5 #6 listed in the UDC as a basis for denial should be applied to this application – that the design of the subdivision is detrimental to the safety of the general public, and the subdivision is premature for the standards in the UDC. Libby said members of the Planning Commission said they have no traffic data, and suggested that it’s up to the neighborhood to gather data in a traffic count. Libby said the stormwater issues are still open in the preliminary plat. Libby stated that the road should be developed for safety at this time. Council member Benson asked how difficult is it to add shoulders? City Engineer Goodman explained that many roads do not have adequate shoulders. Existing road width, tree removal, and relocating utilities in the right-of-way are complications. On this road there is only a prescriptive ROW, but the city is acquiring a 100-foot right of way along this part of the road as part of the final plat. Council member Cusick noted that only this segment of the road will have city ROW, and how beneficial is it to have a trail only a quarter mile long. Engineer Goodman said the city uses these opportunities to acquire ROW; improving roads takes a lot more than adding shoulders, with increased maintenance to consider. Mayor Maefsky questioned if the public was asked to do a traffic study. Planner Hofer replied not exactly. It was essentially stated to the Planning Commission that if staff concludes there is a safety concern, then it directs the developer to conduct one, but staff didn’t require one. In August, the Commission said they do not have data to back up safety concerns. Someone from the public offered to do a traffic count, but no accredited report by an engineer was conducted. A public comment was made in August that they thought the neighborhood was asked to complete a traffic study but did not have the opportunity to gather this information in time. Council member Lubke asked that if public hearings began in May, were revisions made and duly noted; how many chances did the public have to provide feedback. Planner Hofer said the lot layout stayed the same throughout; only updates to the stormwater management plan were made in response to the engineer. The driveway spacing did not change from the original layout. Cusick, seconded by Benson, moved to adopt Ordinance No. 2024-06, Rezoning PID 22.032.20.13.0001 from Rural Residential General (RR-G) to Village Neighborhood (V-N). Motion carried 4-0. Cusick, seconded by Benson, moved to adopt Resolution 08-20-24-01 Approving Finding of Facts for Ordinance 2024-06; Resolution 08-20-24-02 Approving Preliminary Plat, Site Plan Review for a Major Subdivision, and Wetland Review for “Laurel Ridge”. Motion carried 4-0. SCANDIA INTERNET ACTION COMMITTEE Patti Ray, Vice Deputy of the IAC, reported that Scandia Community Fun Day was very successful, with Scandia being the best one in Midco’s 5-state area as reported by Midco representatives. In addition to giving away 400 market bags, it was a record day for the vendors at the Farmers Market. Ray stated that Midco is waiting for the DEED grant announcement by Scandia City Council August 20, 2024 Page 4 of 5 the state. At its August 15th meeting, the IAC finished its charter revision, to be presented to the Council in September. TOURISM COMMITTEE Tourism Committee Chair Sue Dickens was present over Zoom. The Committee is making plans for Evening Adventures with local businesses on the 3rd Thursdays of October, November and December. Plans are underway for the first business breakfast on October 9th at 8 am. Registration for vendors will begin soon for the Vinterlights shopping event being held on December 1st, with outside activities for the tree lighting ceremony. BUILDING OFFICIAL The July building activity report was in the meeting packet. In July, 20 building permits were issued at a valuation of $2,236,000. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s July activity. Last month the department responded to 27 calls; 9 fire, 17 medicals and 1 dive call. The four new members are in Firefighter 1 and hazardous material training this month through December. CITY PLANNER Planner Hofer reported that there will be no September Planning Commission meeting, as a tabled variance has been postponed for potential revisions to the shoreland ordinance. CITY ENGINEER Engineer Goodman reported that this year’s street project is in the final tasks. The plans for the Gateway Trail underpass area are ready for review from Washington County and the DNR in preparation for 2026 construction. 2024 Street Improvement Project – Contractor’s Request for Payment No. 4 Engineer Goodman recommended approval of Pay Request No. 4 from Asphalt Surface Technologies Corporation for work to complete base paving, bituminous patching, wear paving, and shouldering on Phase 2 and 3 streets. This request includes withholding 5% retainage. Lubke, seconded by Benson, moved to approve Pay Request No. 4 and pay $1,098,374.51 to Asphalt Surface Technologies Corporation. Motion carried 4-0. 2024 Crack Fill and Seal Coat Project -- Contractor’s Request for Payment No. 2 Engineer Goodman recommended approval of Pay Request No. 2 from Pearson Bros. Inc work required to seal coat the roads in this year’s project. This request includes withholding 5% retainage. Cusick, seconded by Benson, moved to approve Pay Request No. 2 and pay $110,073.91 to Pearson Bros. Inc. Motion carried 4-0. Scandia City Council August 20, 2024 Page 5 of 5 DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. The new drum mulching attachment is being used for clearing brush in the right-of-way. So far 15 major dead and dying ash trees have been removed along Mayberry, Maxwill, and Lakamaga roadways. CITY ATTORNEY Attorney Eric Larson had no verbal report. CITY ADMINISTRATOR City Administrator Morell provided his written report. There were no questions from the Council. 2025 LCCMR GRANT APPLICATION - RESOLUTION 08-20-24-03 – AUTHORIZING 2025 LCCMR GRANT APPLICATION Administrator Morell reported that the LCCMR Committee recently selected the trail network project connecting the Community Center grounds, the future Water Tower Barn and Gateway Trail for a $907,000 award. The funding still needs approval by the legislature in next year’s session. The Committee asked that the resolution approved in March by the Council be amended with a required provision to obligate construction funds to the project. Benson, seconded by Lubke, moved to adopt Resolution No. 08-20-24-03, Approve Submittal for Fiscal Year 2025 Environment and Natural Resources Trust Fund Grant Program. Motion carried 4-0. TENNIS COURT RECONSTRUCTION PROJECT PAYMENT PLAN At their August 7th work session, the Council voted to approve reconstruction of the tennis courts. The project’s cost exceeds available funds within the 404 Parks Capital Fund. Administrator Morell recommended the Council approve the use of excess fund balance by transferring funds from the 401 Capital Fund to the 404 Parks Capital Fund for the project. An additional funding source of $25,000 in the 401 Fund was also identified for transfer. Cusick, seconded by Benson, moved to approve the use of $125,000 in excess fund balance and transfer $150,000 from the 401 CIP Fund into the 404 CIP Fund to pay for the tennis court reconstruction. Motion carried 4-0. ADJOURNMENT Lubke, seconded by Benson, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 7:53 p.m. Respectfully submitted, Brenda Eklund City Clerk