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11-19-2024 Meeting November 19, 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. Acting Mayor Jerry Cusick 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 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 Isiah Bubany, Deputy Kevin Booth, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA City Administrator Kyle Morell announced that General Business items 10.a and 10.b will be moved up on the agenda to follow the public hearing. Kronmiller, seconded by Lubke, moved to approve the agenda as amended. Motion carried 3-0. LAW ENFORCEMENT REPORT Deputy Booth provided the October police activity report. There was a total of 131 incidences, including some criminal incidents of theft and fraud. Suspicious activity at Cenex resulted in an arrest for possession of meth; not a resident, but someone passing through town. Property was reported stolen from a pole shed along Manning Trail, with an unknown date of the theft. Thirty traffic stops were made, resulting in a few citations for speeding and one DUI. Deputy Booth reported the County has received two federal grants to purchase new rapid response airboats for the Sheriff’s Department. The equipment will enhance rescues for any waterway emergencies in the County. PUBLIC FORUM Erin Sadowski, Larkspur Avenue, said she is a civil engineer representing Washington County at tonight’s meeting, and not present for the hearing on Big Marine Sewer delinquent charges. Mike Hinz, Olinda Trail, said he’d like to make the Council aware of almost identical permits being required from both the local Watersheds and city issued grading permits. Hinz asked why are residents being double charged for both permits. Hinz said the Watershed is more restrictive for this area, and he would like Council to look at any recommendations to solve this. Administrator Morell replied that this could be a Work Session item. CONSENT AGENDA The following Consent Agenda was presented: a) Minutes 1) October 15, 2024 Regular Meeting 2) November 6, 2024 Work Session 3) November 12, 2024 Board of Canvass Scandia City Council November 19, 2024 Page 2 of 6 b) Treasurer’s Report c) Payment of Vouchers d) Approve 2025 Tobacco License Renewals: Federated Co-ops, Inc. dba Scandia Country Store & Cenex, Scandia Olde Towne Liquor, Sam Tobacco, LLC e) Approve 2025 Liquor License Renewal: Scandia Olde Towne Liquor (Off-Sale), Redeemed Farm (On-Sale/Sunday On-Sale), Rustic Roots (On-Sale/Sunday On-Sale) f) Approve Special Event Permit for The Minnesotan Cup Hockey Tournament (January 24- 25, 2025) g) Approve Hiring Seasonal On-Call Snowplow Operator Kronmiller, seconded by Lubke, moved to approve the Consent Agenda as presented. Motion carried 3-0. PUBLIC HEARING: CERTIFICATION OF UNPAID CHARGES FOR THE BIG MARINE SEWER SYSTEM FOR COLLECTION WITH PROPERTY TAXES – RESOLUTION NO. 11-19-24-01 A resolution was presented listing properties with unpaid sewer charges that will be certified to the users’ property taxes with added interest of 12% if left unpaid until December 20, 2024. Acting Mayor Cusick opened the public hearing at 7:04 p.m. There were no speakers and the hearing was closed. Kronmiller, seconded by Lubke, moved to approve Resolution No. 11-19-24-01, Certifying Unpaid Charges for the Big Marine Sewer System. Motion carried 3-0. SCANDIA CITY CENTER STUDY PRESENTATION – JODY RADER, HKGI Fran Miron, District 1 County Commissioner, addressed the Council regarding the final report for the City Center Study, a joint study funded between the City and County. Miron said this has been talked about for many years, to study transportation enhancements to the downtown area, and now the study is complete. The study focuses on safety and opportunities for Scandia, using information gathered through public outreach to the community. Miron said he got what he had hoped to see from this study – investments to compliment the city’s goals for business expansion, pedestrian safety, and to maintain a welcoming downtown. Miron said he looks forward to potential implementation of the recommendations. Jodi Rader, HKGi consultant hired to perform the study over the past year, stated that there have been multi-agencies guiding the project. The Village Area became the defined study area with an objective to develop a multimodal transportation system. Safety issues were identified with recommended improvements. Issues, opportunities, and concerns focused on traffic calming, improvements to the Highway 97/County Rd 52 intersection near the school, ideas for future trails and downtown connections. Ideas of a shared use trail along Highway 97 is not in a final plan, but was heard as desired from the community. Three concept areas were presented: a City Hall Park/209th Street concept area, a Scandia Trail connection to the elementary school, and the Gateway Trailhead. The study identified these areas as higher priority concepts and recommended initiatives to support a vision of multimodal Scandia City Council November 19, 2024 Page 3 of 6 transportation. The study recommended initiatives and programs for the city to implement that will support the goal of a well-connected community. Council member Kronmiller said he was glad to see creative solutions for the Oakhill and 97 intersection, telling Ms. Rader the firm did a wonderful job on the study. Ms. Rader summarized the next steps, having the four agencies (City, County, MnDOT, DNR) implement any projects coming out of this study. Within Scandia’s realm, to work with the school, finalize wayfinding signs for the city for consistent signage, and continue collaboration with the other agencies. County Commissioner Miron stated that up until this study, Highway 97 within Scandia was not on MNdot’s radar; this study has pointed out the needs for safety improvements. Miron said he is optimistic the study will produce positive results to address safety needs and opportunities for improvements here on the state highway system. DORAN O’BRIEN SEWER CONCERNS Doran O’Brien, owner of the Edward Jones building at 21084 Olinda Trail, addressed the City Council. O’Brien explained that when he purchased the building in 2014, he did not know that the building’s septic tank was shared with the adjacent Schmitt Mall, which then connects into the City’s Uptown Sewer System. This was discovered a few months ago after a sewer backup into his building caused from a blockage in the tank resulted in the settlement of a damages claim paid by the city’s insurance. O’Brien stated that a condition of a variance granted to the building’s owner in 2010 required that the building connect to the Uptown System, which apparently it did not because it shares a tank with the adjacent building. O’Brien asked what the city can do to correct the connection which was not done according to the city’s guidelines but was signed off on by the city – who is responsible and where do we go from here? Mr. O’Brien confirmed that the blockage in the septic tank has been repaired and is operating properly, but it is not his desire to share a tank with the Schmitt Mall building. Attorney Larson stated that just because authorization came from the city doesn’t guarantee the connection was done correctly. If it hasn’t, there is no legal responsibility on behalf of the city to the owner. Given this unfortunate circumstance, is there something the city can do? Larson stated that this is a relationship issue between you and Council. If a condition of a variance was not done right, the private property owner is responsible. Larson told Mr. O’Brien that you are going to have to come up with a solution and alternatives. Any proposals the city can help with, bring this to the Council; find what is the most effective measure to address this connection, and bring this proposal to the city. City Administrator Morell clarified that Mr. O’Brien may continue his discussion with any viable options he brings back. PARK & RECREATION COMMITTEE Park & Recreation Committee Chair Terry Gorham reported that he recently presented awards to students at Scandia Elementary School for the Taco Daze story contest. The PRC is working on Scandia City Council November 19, 2024 Page 4 of 6 Vinterfest planning, which will have the returning adult hockey tournament, food trucks, a community breakfast, fireworks, and Gammelgarden Museum events both indoors and out. The December PRC meeting will have judging for the button design contest for Vinterfest. PLANNING COMMISSION Planner Hofer reported that the Commission considered water-oriented structures at their November 12th meeting, and tabled the cannabis zoning ordinance amendments until their December meeting. SCANDIA INTERNET ACTION COMMITTEE Chair Bob Wilmers stated that the IAC charter as revised by Council member Kronmiller looks good. The Committee will review it at their meeting on November 21st. The Committee will be given a Midco update on broadband expansion, and start talking about the final phase to connect the remaining Scandia households to high-speed broadband. TOURISM COMMITTEE Tourism Committee Chair Sue Dickens joined the meeting over Zoom. The Business Breakfast was held November 13th. Evening Adventures will happen this Thursday. The Committee is planning the Vinterlights and Artisan Market to be held on December 1st. BUILDING OFFICIAL The October building activity report was in the meeting packet. In October, 41 building permits were issued at a valuation of $1,711,050. FIRE DEPARTMENT Fire Chief Hinz reported on the Fire Department’s October activity. Last month the department responded to 30 calls; 15 fire and 15 medicals. Hinz noted that it was a busy month; a structure fire occurred, with a dog being resuscitated by a first responder. CITY PLANNER Village Districts Design Standards Planner Hofer explained the ongoing efforts to resolve the conflict between the City’s Unified Development Code and the Comprehensive Plan as it relates to density in the Village Neighborhood guided area. Staff prepared a draft ordinance for language to amend the UDC to apply development and design standards for development at the 1 dwelling unit per 2.5 acres density maximum. Hofer noted that this will allow more consistency with the Comp Plan. Hofer explained the design standards of buffers from roadways and adjacent properties, identification of preferred building pad locations, street design, stormwater management, and landscaping requirements. Hofer said staff believes the proposed standards will result in a higher quality of development that ultimately is better for the City and landowners. Administrator Morell said that its’s understood there is a need for small lot development, and yet to preserve the rural character as much as possible. Planner Hofer said staff is looking for feedback and guidance before bringing this to the Planning Commission. Council member Kronmiller asked if the amendments should be heard as two separate public hearings as the density issue is more critical to fix. Scandia City Council November 19, 2024 Page 5 of 6 Attorney Larson advised that it can be either way, but it makes sense to notice two separate hearings, one being to align the zoning code for the Comp Plan reason. The other design standards are good solid steps but not urgent. Council member Kronmiller asked what is the difference between buffers and setbacks in the design standards. Planner Hofer said the buffer area, a no-build zone between the proposed buildable lots and the subdivision boundary, is not part of a buildable lot. Setbacks are within a lot and are meant for structures. Areas within the buffer would be platted as an outlot and may contain communal sewage treatment systems and stormwater management facilities. Lubke, seconded by Kronmiller, moved to bring UDC amendments to the Planning Commission for public hearings; one to correct Comp Plan inconsistencies and one to set design standards. Motion carried 3-0. Shoreland Ordinance Amendment for Water-Oriented Accessory Structures and Facilities Planner Hofer reported that the Planning Commission held a public hearing on water-oriented accessory structures within the shoreland setbacks at their meeting on November 12th. Public opinions gathered at the hearing were all opposed. The Watershed advocated for additional conditions to protect the lake. Obstructions and environmental concerns were cited. Staff described the issues of illegal nonconformities, with the Watershed conducting a survey within the next year to determine the number of non-conforming structures. This data gathering will allow the city to have a better understanding of what exists on lakes. Hofer said the Planning Commission voted to suspend further discussion on WOAS in shoreland until the survey is completed, to create a sub-committee to study the results, and determine what impacts this could have to wetlands, creeks and streams. Hofer clarified that there is no statutory deadline to either approve or deny the proposed amendments. CITY ENGINEER Engineer Bubany reported that staff completed a corrective design for Tii Gavo Phase 2, being reviewed by the contractor. A design from the City Center study is being integrated into the final design for signage for the Gateway trailhead project. 2024 Tennis Court Reconstruction Project -- Contractor’s Request for Payment No. 2 Engineer Goodman recommended the Council approve the Contractor’s Request for Payment No. 2 for the 2024 Tennis Court Reconstruction Project. This includes work required to complete preparation of aggregate base, pave both lifts of bituminous pavement, and partial payment for fencing installation. This request includes withholding 5% retainage. Lubke, seconded by Kronmiller, moved to approve Pay Request No. 2 and pay $87,314.40 to Veit & Company. Motion carried 3-0. 2024 Street Improvement Project -- Contractor’s Request for Payment No. 6 and Final Engineer Bubany recommended the Council approve the Contractor’s Request for Payment No. 6 and Final for the 2024 Street Improvement Project. This amount includes work required to complete shouldering and driveway tie-ins for phase 2 and 3 roads, as well as final restoration and release of the retainer. Scandia City Council November 19, 2024 Page 6 of 6 Lubke, seconded by Kronmiller, moved to approve Pay Request No. 6 and Final and pay $54,749.65 to Asphalt Surface Technologies Corporation. Motion carried 3-0. DIRECTOR OF PUBLIC WORKS Public Works Director Fischer reported on department activities. They have started grading the site for the new cold storage building; construction will start in mid-December and be completed in the spring. CITY ATTORNEY City Attorney Eric Larson had no verbal report. CITY ADMINISTRATOR City Administrator Morell provided a written report. There were no questions or additions. ADJOURNMENT Lubke, seconded by Kronmiller, moved to adjourn the meeting. Motion carried 3-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, Brenda Eklund City Clerk