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3. Minutes from 07-06-2022 Work Session July 6, 2022 A work session meeting of the Scandia City Council was held on the above date with modifications. The meeting was conducted in-person at the Scandia Community Center 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 6:36 p.m. The following were present: Council members Heather Benson, Jerry Cusick, Patti Ray, and Mayor Christine Maefsky. Absent: Council member Steve Kronmiller. Staff present: City Administrator Ken Cammilleri, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF THE AGENDA Mayor Maefsky announced amendments to the agenda: • Removal of Item #4) Gammelgarden Museum request to reduce or waive rental fees. • Added #10) Mayor’s comments Benson, second by Ray, moved to approve the agenda as amended. Motion carried 4-0. APPROVE RESOLUTION NO. 2022-24 APPOINTING JUDGES FOR THE 2022 PRIMARY AND GENERAL ELECTIONS At the June 21st meeting, the City Council appointed a list of election judges to serve for the 2022 primary and general elections. Clerk Eklund reported that the County Auditor had since supplied additional names of interested election judges from the party caucus list, to be appointed conditioned on their completion of the required training. Ray, second by Benson, moved to adopt Resolution No. 2022-24, Appointing Judges for the 2022 Primary and General Elections. Motion carried 4-0. CONTINUED: DISCUSSION ON ORDINANCE 2022-02 UNIFIED DEVELOPMENT CODE Administrator Cammilleri explained the modifications to the zoning map - removed rural zoning from the small lots and defined them as Rural Residential (RR-N), and identification of subdivisions with a PUD overlay. Council member Ray said the VN and RR-N are too close in color. Cammilleri said he will recommend higher contrast colors. Mayor Maefsky said she finds the map confusing, and would like to see the roads identified. Cammilleri recommended adding the Goose Lake Estates plat into one zoning district of VN instead of dividing it in two zoning districts. Cammilleri explained the introduction of RR-N for lake properties to make them as conforming as possible for future improvements. The new UDC also introduces a CUP process for a lower level of threshold to constitute a practical difficulty. Council member Ray said lots on water should be paid attention to, as applying for a variance does. Cammilleri said that site standards will still be in place for setbacks and lot coverage, but July 6, 2022 Scandia City Council Work Session Page 2 of 5 this eliminates lot size as a trigger for a variance, an extra hurdle that may not be necessary. A variance still comes into play if a proposed structure is encroaching into setbacks, and Watershed rules will still be an added layer. Cammilleri said this is really a matter of lot size currently being a 2.5 acre minimum. Cammilleri said staff could do some additional evaluation so as not to have any dramatic changes. Council member Ray said she would be more comfortable to have consultant Jennifer Haskamp be present for questions. Council member Benson asked if Sandager’s request to change the zoning map is being done. Cammilleri said yes, he will direct SHC to update the map. Mayor Maefsky asked if visual examples for the amended accessory structure table of size and number can be provided. Maefsky said she looked at surrounding communities, and Scandia’s current standards are most in line with Forest Lake and Hugo, and she doesn’t see a reason to increase the size and number of accessory structures. Cammilleri explained that the Planning Commission recommended allowing larger allocations because the current regulations are too restrictive, such as a limit of 2 structures on a 20-acre parcel, but there is no harm in keeping as is. Maefsky said she didn’t find a rationale for increasing the size of storage structures, and this recommended increase is not doing the city a favor by allowing larger pole barns. Cammilleri said there will be added flexibility with the CUP process to allow up to an additional building depending on lot size, but remaining within the allowed number of square feet. Mike Hinz, Olinda Trail, addressed the Council with concerns about the zoning map, saying the VN and Village Center have different standards, and the Comp Plan shows future development of the VN. Hinz recommended the Village Center extend upward to the larger lots north of town. Cammilleri noted that the Rural Center was identified as an area of growth here, but has lower density than VN, and questioned if the density level of the VN should be increased to match the VC. He said he will talk with the consultants on this. Cammilleri summarized the next steps with Haskamp – discuss density around VN density, RR- N on lakes with a focus on the impact on this district that may allow for construction that wouldn’t otherwise be allowed and to give an understanding of what may be different with Shoreland standards staying the same. Regarding accessory structures, Cammilleri said he will have lot size examples to show scale. The Planning Commission also addressed larger sizes for Accessory Dwelling Unit’s in floor area to 1,500 square feet. He said he does have a concern that the ADU remain no bigger than the principal structure, and that it may be better to have a formula ratio to ensure the ADU be no larger than principal structure. Cammilleri explained the added language to be flexible with home occupations is good, as it allows a home occupation to get a CUP for open house events. Regarding a change to residential solar, Cammilleri said the current standards for Local SES are outdated for the size of the solar array footprint to serve a residence. An amendment to increase July 6, 2022 Scandia City Council Work Session Page 3 of 5 square footage of solar array footprint without needing a CUP is a consideration requested by a resident. The Council reviewed the changes in permitted encroachments as recommended by the Planning Commission, and asked the language to be cleared up. The Council asked that the next discussion on the UDC be scheduled with Haskamp present. POSSIBLE DISCUSSION AND CONSIDERATION OF THE APPROVAL OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT AGREEMENT FOR NEW COMMUNITY CENTER PLAYGROUND IMPROVEMENTS (TENTATIVE) PW Director Fischer provided an update on a rough draft of the contract with the DNR grant award for the community playground. Equipment supplier Webber Design reported supply chain issues and wouldn’t start manufacturing until later this year, for installation in 2023. Fischer proposed they could start land alterations and concrete work this fall with finishing work next spring. Cammilleri explained the grant agreement in the meeting packet as a standard contract. Before the City can promote the project, the DNR will need to give its approval yet. Council was asked to table consideration of the contract to the next meeting. POSSIBLE DISCUSSION AND CONSIDERATION OF MIDCO 2022 BUILDOUT AGREEMENT (TENTATIVE) Cammilleri explained that the Midco buildout agreement was not in the meeting packet because they had not supplied a complete address list for the buildout. This will be on the next agenda for approval for all homes included in the buildout. Council member Ray said she is concerned the City is running out of time. Cammilleri said he will check with Midco; if the agreement needs to be expediated the Council can hold a special meeting. Cammilleri explained this agreement is different from last year’s contract drafted by the City Attorney. This year Midco drafted the contract. DISCUSSION AND CONSIDERATION OF A REQUEST TO CLOSE THE GOOSE LAKE TO OREN ROAD N PEDESTRIAN EASEMENT UNTIL TRAIL IMPROVEMENTS ARE MADE Cammilleri explained that Jim and Peg Simpson have requested the City temporarily close the pedestrian easement from Oren Road to the northern edge of Goose Lake, saying the Council is only being asked if it wishes to give consideration to this request. If so, given the level of public interest, Cammilleri recommended this request be tabled to provide public notice for discussion at an upcoming meeting. Council member Cusick said yes; Council member Benson said no. Jim and Peg Simpson addressed the Council regarding the public easement running through their property that was denied to be vacated at the June 21st meeting. Mr. Simpson said he found July 6, 2022 Scandia City Council Work Session Page 4 of 5 footprints in the mud on his property, off the easement as evidence that users are trespassing. Simpson said if the speakers at the June 21st meeting were telling the truth about using the trail only, they were definitely trespassing as the easement is too wet to walk through. As well, one cannot get on the easement from Oren Road without trespassing. Simpson said he is very concerned of this; he wishes to expand his tree farm but cannot without the easement properly closed or maintained. Council member Benson questioned how would this help your farm to improve the easement? Mr. Simpson said it doesn’t make things better; he is asking to close the easement so that he can then farm the west side. Simpson said the easement to the lake cannot be used without major improvements. Council member Ray said she walked it last fall and it was mowed, now there is no mowing. Ray said she wants to see the trail mowed. She observed tractor marks on the path and damage to bushes when walking it last month after a rain. She said she is concerned that the path be kept path walkable and not equipment damaged. Council member Benson said she is frustrated they are rehashing the same thing with different words, and this is really contradictory to say that no one uses the easement so it can be vacated. Benson said that Simpson admitted it was suddenly being used and cleared in response to his request to vacate. Benson said that the trail is used primarily by the neighborhood who can access it through their backyards; why is Simpson suddenly concerned about safety. Benson said this can be solved by marking the easement to prevent trespassing. Simpson said that 5 months out of the year, the easement can’t be traveled through due to the wetland. Cammilleri said right now the City does not have the proper equipment to clear it, and it needs to be cleared all the way to Oren Road to be accessible to the greater public, not only the private HOA residents. Council member Ray said the Simpsons knew about this easement when they purchased the property. Peg Simpson said they assumed it would be vacated because it is not usable. Their request to vacate the easement only brought attention to it last year. Mr. Simpson explained a staff proposal to convey an easement along the northern part of his property to the west, and then south to the Goose Lake public access, but said he would still have concerns of an easement near his operations. Mayor Maefsky directed staff to work up provisions for future discussion on this possibility, with a potential public hearing. Staff will provide options for the next Council meeting. CONSIDER NOMINATIONS TO COMFORT LAKE-FOREST LAKE WATERSHED DISTRICT BOARD OF MANAGERS Staff advertised the expiring term on the CLFLWD Board of Managers. No residents indicated an interest in being endorsed for the position. Current Board member Chris Loth is interested in July 6, 2022 Scandia City Council Work Session Page 5 of 5 reapplying for his ending term. The deadline to notify the County is July 26th. The Council will discuss any endorsements at their next meeting. ADDITION - MAYOR’S COMMENTS: Mayor Maefsky announced that Travis Loeffler resigned from the Planning Commission last evening, saying it is unfortunate that he indicated he is having a difficult time on the Planning Commission and the Council should do everything we can to support the Commission. Cammilleri said the Commission is having some challenges since his arrival and introduction of procedures that are consistent with the ordinance process. His goal was not to push anyone out, but was challenging for staff to continue under the old path. There could be litigious financial risks when considering zoning applications and the Commission must follow the steps outlined in the development code – difficult for some members. Cammilleri said Loeffler’s resignation is unfortunate because the Commission is doing a very excellent job. Maefsky said she is concerned that directions were changed, but the way it’s done is important -- Loeffler felt not valued and that concerns her. Maefsky asked for joint Council and PC training in how to conduct meetings so that all have the understanding of the how and why of the ordinance process. ADJOURNMENT Ray, second by Benson, moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:12 p.m. Respectfully submitted, Brenda Eklund City Clerk