5.a 1 draft minutes of the 4-17-18 Council meeting
April 17, 2018
A regular meeting of the Scandia City Council was held on the above date. Mayor Christine
Maefsky called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call
was taken. The following members were present: Council members Bob Hegland, Steve
Kronmiller, Chris Ness, Jim Schneider and Mayor Christine Maefsky. Staff present: City
Administrator Neil Soltis, City Planner Sherri Buss, City Engineer Ryan Goodman, City
Attorney Andy Pratt, Police Deputy Brandon Yetter, Fire Chief Mike Hinz, Public Works
Director Adam Hawkinson, Treasurer Colleen Firkus, and Deputy Clerk Brenda Eklund.
PUBLIC FORUM
Scandia Good Neighbor Award
Mayor Maefsky presented a Scandia Good Neighbor Proclamation to Lynne Moratzka, Director
of the Gammelgarden Museum. Moratzka was recognized for the many contributions she has
made to the Scandia community, including growth of the Museum, founding Scandia Preschool
and the Elim Foundation, the formation of the Scandia Farmers Market, and celebrations
highlighting Scandia’s Swedish history and culture.
Written public comments were received from Nancy Stalland, 19356 Meadowridge Trail on
behalf of the Tii Gavo Homeowners Association and read aloud by Mayor Maefsky. Following
concerns expressed last fall about speeding drivers in the Tii Gavo subdivision, Deputy Yetter
conducted 2 informal speed studies but did not acquire sufficient data on drivers’ natural speeds.
The residents of the subdivision requested installation of a speed box this spring to gather
relevant data on drivers’ speeds to help determine if the roads should be posted at a lower rate of
speed.
APPROVAL OF AGENDA
Ness, seconded by Hegland, moved to approve the agenda as presented. The motion carried
5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) March 20, 2018 Regular Meeting
2) April 4, 2018 Work Session
b) Treasurer’s Report
c) Payment of Vouchers
d) Advertising for part-time seasonal maintenance worker
e) Retirement of Firefighter John Bauer
f) Firefighter Pay Increases for Completion of EMT Certification
g) Amendment to Lease with Scandia Marine Lions for the Old Fire Station/Annex
h) Assessment Services Agreement with Pauszek, Inc.
Ness, seconded by Kronmiller, moved to approve the Consent Agenda as presented. The
motion carried 5-0.
April 17, 2018
Scandia City Council
Page 2 of 7
PARKS AND RECREATION COMMITTEE
Parks and Recreation Committee Chair Terry Gorham reported that the Committee is in the
planning process of future park improvements for recommendations to the Capital Improvement
Program. They are conducting a tour of 9 park sites on May 19th. Bids for the tennis court
reconstruction will be reviewed at their meeting on May 7th.
PLANNING COMMISSION
Ordinance No. 196 – Amending Chapter 2 of the Development Code for Uses in the VMU-A
and B Zoning Districts
Planner Buss summarized the recommendation from the Planning Commission to amend the
development code to add Planned Unit Developments as a permitted use with a CUP in the VMU
A and B Districts. Buss explained that PUD’s offer flexibility from standard zoning
requirements for creative site plans and situations that meet the goals of the Comp Plan to assist
with economic development for businesses. The Commissioners also recommended an action
step for the new Comprehensive Plan be added to allow for a variation of lot sizes in the business
districts. Buss further explained that this amendment corrects an oversight in the development
code on PUDs (Section 7), where it lists them as allowed in the VMU Districts but PUDs are not
listed as a use in the VMU districts (Section 2).
Kronmiller, seconded by Ness, moved to adopt Ordinance No. 196, Regarding the Village
Mixed Use A and B Districts, as presented. The motion carried 5-0.
Summary Publication of Ordinance No. 196 (Resolution No. 04-17-18-01)
Ness, seconded by Hegland, moved to approve Resolution No. 04-17-18-01, Providing for
the Summary Publication of Ordinance No. 196. The motion carried 5-0.
Variance at 22331 Peabody Trail. Sean and Ashley Maloney, Applicants.
(Resolution No. 04-17-18-02)
Planner Buss presented the recommendation from the Planning Commission for approval of a
variance to construct a new garage closer to the road right-of-way than the principal residence at
22331 Peabody Trail. Sean and Ashley Maloney requested the variance due to practical
difficulties because of the topography of the 9.6-acre parcel and locations of the well and septic
system that limit potential locations for the garage that would meet requirements of the
development code. The garage would be approximately 100 feet from the road and screened by
existing trees. Council member Ness stated that this location makes the most sense than any
other area on the property. A resolution with findings and 6 conditions for approval was
prepared.
Ness, seconded by Hegland, moved to approve Resolution No. 04-17-18-02, Approving a
Variance for 22331 Peabody Trail. The motion carried 5-0.
Update on Shoreland Management Ordinance
Planner Buss reported that the Planning Commission held a public hearing at its meeting on
April 3rd and recommended approval of the updated Shoreland Management Ordinance that they
have been working on over the past year. The update is based on the new DNR model ordinance
and modified to meet Scandia’s needs.
April 17, 2018
Scandia City Council
Page 3 of 7
Buss explained that most comments at the public hearing recommended that the City maintain or
strengthen its current standards to protect lakes from potential impacts of development on
adjacent parcels to Scandia water bodies. Planned Unit Developments were recommended as an
option for development in the shoreland which preserve a significant portion of shoreland area in
exchange for higher densities in parts that are farther from the lakeshore.
The Planning Commission also recommended that the ordinance regulate all of the public water
bodies as shoreland and have all other wetlands regulated by the setbacks listed in Section 6.4B.
Administrator Soltis noted that a change to the wetland setbacks would mirror the watershed
districts buffer requirements and would allow for smaller setbacks depending on the quality of
the wetland.
Mayor Maefsky asked if requiring developments in the shoreland to be PUDs instead of
Conservation Subdivisions was discussed by the Commissioners. Buss stated that they did not
discuss making PUDs mandatory but as an option for development; PUDs require that 70% of
the Shore Impact Zone and other natural areas be dedicated as permanent conservation areas in
order to permit higher densities in areas further from the lakeshore. Council member Schneider
noted developers of a PUD would be giving up valuable lake lots versus a conservation
subdivision plan.
The ordinance has been sent to the DNR for its review to determine if the draft meets the
minimum standards of the State’s model ordinance. The City may adopt the ordinance after it
addresses any DNR comments and receives their conditional approval.
BUILDING OFFICIAL
Building Official Chuck Preisler’s activity report included 27 permits issued in March at a
valuation of $12,953,198.33. Administrator Soltis noted that the permits issued for the Scandia
Elementary upgrades contributed $11 million to the valuation.
POLICE DEPARTMENT
Deputy Brandon Yetter reported on the past month’s police activity. The 6th grade DARE
graduation was recently held, the County is hosting a household prescription drug “Take Back”
event on April 28th, and Yetter has been pursuing ordinance violations this spring. Yetter
explained that he will schedule installation of a speed box in the Tii Gavo development once
temperatures warm up.
FIRE DEPARTMENT
Fire Chief Mike Hinz reported that the department responded to 13 calls in March; 1 fire related
and 12 EMS related. Adam Meyers and Joe Grabrick have completed their EMT certifications.
CITY ENGINEER
City Engineer Ryan Goodman provided an update on the County’s road construction plans.
County 52 from Highway 95 to Highway 97 will be completed before the City’s Taco Daze
festival in early September. Full depth reconstruction of County Road 3 will be divided into a 2-
year project; County Road 4 to Old Marine Trail will be completed this year, and the remaining
north portion to the County line on 240th Street is scheduled for 2019.
April 17, 2018
Scandia City Council
Page 4 of 7
CITY ATTORNEY
City Attorney Andy Pratt explained legislative bills in process during this session which could
affect cities and provided an update on the DNR’s appeal to the White Bear Lake court ruling.
DIRECTOR OF PUBLIC WORKS
Public Works Director Adam Hawkinson reported that the department has been asphalt patching
and clearing brush in the road right-of-ways. Hawkinson said the Sentence to Serve program did
an excellent job clearing buckthorn in Lilleskogen Park this winter.
CITY ADMINISTRATOR
City Administrator Neil Soltis reported that S&P Global rated Scandia with a very good AA
bond rating for preparation of issuing the upcoming road improvement bond. Soltis and Mayor
Maefsky have attended hearings and provided testimony on the Gateway Trail bill which would
allow for early expiration of the metropolitan agricultural preserve classification on lands
acquired for parks and trails.
2017 AUDIT REPORT BY SCHLENNER WENNER
Ryan Schmidt, Audit Manager with the accounting firm Schlenner Wenner, reported that the
City received a clean audit opinion on the 2017 financial review recently completed by the firm,
with no concerns or significant audit adjustments. The year ended with a $1.7 million fund
balance, and Schmidt said that the City is in great financial state. There has been a steady trend
of asset growth, with a decrease of long-term debt.
AWARD OF BID FOR THE 2018 STREET IMPROVEMENT PROJECT
Engineer Goodman presented the bids received on April 11, 2018 for the 2018 Street
Improvement Project.
Contractor Total Base Bid
Park Construction Company $3,732,404.50
North Valley, Inc. $3,926,895.86
T.A. Schifsky & Sons, Inc. $4,684,862.00
Goodman recommended the Council award the bid to Park Construction Company, which bid an
amount $1.4 million less than the estimated cost of the project. Goodman explained that the unit
prices for asphalt was much lower than anticipated, which will allow for additional roadways to
be added to the project, discussed later in the meeting.
Schneider, seconded by Kronmiller, moved to award the 2018 Street Improvement Project
to Park Construction Company at a bid of $3,732,404.50. The motion carried 5-0.
DRAINAGE AND UTILITY EASEMENT ON 199TH STREET
Engineer Goodman explained that the 2018 road project includes replacement of a culvert under
199th Street which requires the City to obtain permanent and temporary easements from property
owners Robert and Sandra Reed. A diagram of the easement area was viewed. Goodman
explained that payment of $1.00 would be made to the owners at the time the documents are
recorded with the County.
April 17, 2018
Scandia City Council
Page 5 of 7
Ness, seconded by Hegland, moved to approve the Permanent Public Drainage and Utility
Easement Agreement and a Temporary Construction Easement with Robert Reed and
Sandra Russell-Reed. The motion carried 5-0.
MUNICIPAL ADVISORY SERVICES AGREEMENT WITH NORTHLAND
SECURITIES
Administrator Soltis presented an agreement with Northland Securities, a municipal advisor, to
provide services for support, marketing and sale of the road improvement bond. Fees of $21,170
would be paid out of the bond proceeds.
Ness, seconded by Kronmiller, moved to approve the Municipal Services Agreement with
Northland Securities. The motion carried 5-0.
FINANCING PLAN FOR THE ISSUANCE OF BONDS
Administrator Soltis explained that the lower than anticipated project costs for the 2018 road
project allow for the City to reduce the amount of general obligation bonds to be issued from the
previous amount of $4.5 million. Additionally, State Statutes allow the scope of the bid road
work to be increased up to 25% which would bring the total project cost to around $5 million,
including engineering and underwriting costs. Council supported increasing the scope of the
project to take advantage of the bid and Northland’s recommendation to issue a bond in the
amount of $3.89 million. The Local Road Improvement Fund will provide the remaining $1.1
million of the project costs from funds that are on hand. Soltis noted that the plan eliminates the
need to increase the levy for the LRIF by 5% each year as adopted in the latest Capital
Improvement Plan and decreases the levy for debt service on the bonds. This would reduce the
projected levy in 2022 by $130,000 and would allow roads marked in fair condition on the
Pavement Management Plan to be worked on sooner than expected.
Northland will receive bids from underwriters to purchase the bonds on May 15th. The bond
would be repaid over 15 years at a projected interest rate just over 3%.
Ness, seconded by Hegland, moved to approve the financing plan for the $3.89 million
General Obligation Bond. The motion carried 5-0.
ORDINANCE NO. 197 – RIGHT-OF-WAYS MANAGEMENT
City Attorney Pratt explained the right-of-way management ordinance that has been discussed at
the last several Council work sessions. The document addresses small cell wireless
infrastructure facilities and consolidates the City’s existing ordinances and policies for right-of-
way management into one comprehensive document. Existing ordinances for utility permits,
seasonal weight limits, and parking of vehicles are repealed. The City’s engineering standards
along with policies on snowplowing and road right-of-way are incorporated into the ordinance
by reference.
Ness, seconded by Hegland, moved to adopt Ordinance No. 197, Managing the City’s
Right-of-Ways, as presented. The motion carried 5-0.
April 17, 2018
Scandia City Council
Page 6 of 7
SUMMARY PUBLICATION OF ORDINANCE NO. 197 (RESOLUTION NO. 04-17-18-03)
Kronmiller, seconded by Hegland, moved to approve Resolution No. 04-17-18-03,
Providing for the Summary Publication of Ordinance No. 197. The motion carried 5-0.
MNDOT LANDSCAPING AGREEMENT (RESOLUTION NO. 04-17-18-04)
MnDOT provided the final agreement for landscape improvements in the right-of-way at the
corner of State Highway 97 and Olinda Trail, as provided for in the MnDOT Landscape
Partnership Program. MnDOT will fund $8,000 for the City’s purchase of materials for the
project, with the installation promoted as a community volunteer activity. The agreement
outlines the maintenance responsibilities plan and schedule.
A resolution was presented which approved entering into the agreement and authorizing the
Mayor and Administrator to execute the agreement.
Ness, seconded by Kronmiller, moved to approve Resolution No. 04-17-18-04, Entering into
a Cooperative Landscaping Agreement with MnDOT. The motion carried 5-0.
REMOVING CONDITIONS OF A CUP FROM THE TITLE OF 21150 OZARK COURT
(RESOLUTION NO. 04-17-18-05)
Administrator Soltis explained that in 2011 the City approved a Conditional Use Permit for a
chiropractic health care clinic in the multi-tenant building at 21150 Ozark Court. The clinic is no
longer in operation, but the recorded CUP remains on the title for the property and is an
impediment to a closing for the sale of the property. Attorney Pratt prepared a resolution to
rescind the 2011 resolution with findings that a medical/chiropractic clinic is now an approved
use in the VMU-A zoning district by adoption of Ordinance No. 169 in 2016 and the use no
longer requires a CUP.
Ness, seconded by Kronmiller, moved to approve Resolution No. 04-17-18-05, Revoking a
Conditional Use Permit for Croix Ridge Chiropractic at 21150 Ozark Court, and
Rescinding Resolution No. 05-17-11-02. The motion carried 4-0, with Schneider abstaining
from the vote.
FIRE SERVICES AGREEMENT WITH MAY TOWNSHIP
At the April 4th Work Session, Council approved using a 3-part formula for the new agreement
for fire protection services with May Township that uses a common data set for determining the
allocation percentages. A draft of the agreement was presented that contains the allocation
language and recommendations from the City Attorney. Administrator Soltis explained that
upon approval of the form of the agreement by both the City and Township, staff will work with
May Township to determine the percentages to be used. The final agreement will be presented
to the Council at a future meeting. Based on estimates, there will not be any significant changes
from the amount paid to the City under the current agreement.
Attorney Pratt explained that “no guarantee” language was added releasing the City from any
liability. Fire Chief Hinz stated that the agreement looked good.
April 17, 2018
Scandia City Council
Page 7 of 7
Schneider, seconded by Kronmiller, moved to approve the form of the agreement with May
Township for fire protection services. The motion carried 5-0.
DISCUSSION ON CLOSING THE PARKING LOT AT WIND IN THE PINES PARK
At the April 4th Work Session, Council directed staff to research closure of the parking lot at
Wind in the Pines Park and address other liability questions for the trespassing and criminal
complaints from adjacent property owner John Haus. Attorney Pratt explained that the City’s
liability if someone is hurt on Haus’s private property is very small based on other access points
to Haus’s land and the measures taken by the City to deter trespassing. The Deputy is actively
patrolling the park as well.
Council discussed using a parking pass system and the issuance of an administrative citation to
violators not in possession of the permit. The permit cost could be set to cover the administrative
costs to issue the permits and signage costs for posting the new rules. In order for administrative
citations to be issues, an ordinance would need to be enacted identifying the staff that would
have the power to issue an administrative citation.
Council member Kronmiller questioned if the City has the responsibility to keep people off the
Haus property. Pratt answered no, there are marked park boundaries. Kronmiller stated that the
City is expending time and energy to fix a problem that the City doesn’t necessarily need to be
involved in.
Council was in agreement to pursue a permitting system for parking in the lot and directed staff
to research an ordinance and analyze the costs and procedures for discussion at a future meeting.
Schneider and Maefsky questioned if this would solve the problem of trespassing. Ness said that
this step shows the City is trying to deter problems at the park. Deputy Yetter commented that
those being cited for not having a parking pass may not care and liked the backbone of issuing
criminal citations and using the court system for enforcement. It was clarified that issuing
parking violations would not preclude the enforcement of criminal activity occurring at the park
or on private property.
ADJOURNMENT
Hegland, seconded by Ness, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk