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06.a1 Draft minutes 08-16-2022 Meeting August 16, 2022 A regular 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 7:00 p.m. Roll call was taken. The following were in attendance: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, Patti Ray, and Mayor Christine Maefsky. Staff present: City Administrator Ken Cammilleri, City Attorney Chris Nelson, City Planner Evan Monson, City Engineer Ryan Goodman, Deputy Zach Boesel, Fire Chief Mike Hinz, Public Works Director Charles Fischer, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Maefsky announced an addition to the agenda under General Business: 10.c) Report on LCCMR Gateway Trail funding. Benson, second by Ray, moved to approve the agenda as amended. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Boesel provided a report on police activity. National Night Out held on August 2nd was a successful event, with Boesel attending 2 other local neighborhood gatherings that evening. Boesel reported on the large call volumes this summer to area groups homes, and is identifying available resources to help curb the calls. PUBLIC FORUM Jennifer Caskey, Lofton Court, stated her concerns with a petition presented to the Council on July 19th from Lofton Avenue residents seeking to make improvements to a City easement on Lofton Court North as an access to Bone Lake. Caskey presented a petition from Lofton Court residents stating their opposition. Caskey said the purpose of the easement is access to a storm drain system and as a utility easement that runs to the lake. Caskey said the request to clear the easement would wreck the shoreline, cause erosion, and impact water quality, as well as contribute to parking concerns on the street by blocking driveways. Neal Hanson, Lofton Court, said he has the same concerns. Hanson said he has lived next to the easement for 25 years, with the easement being there prior to that. Hanson said the petitioners should be aware the purpose is for drainage, not as an access to the lake and not for anchoring boats at the shoreline, saying once this activity starts, it will be a problem. Dean Gabbert, Lofton Court, said he has lived there since 1984, and the easement is for water control. There would be no parking available on the road if turned into an access to the lake. Joel, Lofton Court, said the easement should stay as is; he is not in favor of making improvements to it and opening it to public use. He stated that there were 12 neighbors/households who signed this evening’s petition of opposition, but there are others in the neighborhood also opposed. August 16, 2022 Scandia City Council Page 2 of 8 Scandia Good Neighbor Award – KC and Eric Douglas Mayor Maefsky presented a Scandia Good Neighbor Proclamation to KC and Eric Douglas in recognition of their support and cooperation to conduct a wetland restoration project on their property. CONSENT AGENDA a) Minutes 1) July 19, 2022 Regular Meeting 2) August 3, 2022 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve Agreement with Great River Greening for Invasive Species Management at Wind in the Pines Preserve e) Approve recommendation for Planning Commission Vice-Chair f) Authorization for Meister’s Bar & Grill to sell beer at Taco Daze Beer Garden, September 10, 2022 g) Application for Excluded Raffle Permit – Gammelgarden Museum Running of the Meatballs, September 10, 2022 h) Special Event Permit – Meisters Bar & Grill – September 9 and 10, 2022 i) Application for Excluded or Exempt Lawful Gambling Permit, Scandia Women’s Softball (November 18, 2022 Turkey Bingo) Steve, second by Ray, moved to approve the Consent Agenda as presented. Motion carried 5-0 by roll call vote. PUBLIC HEARING New On-Sale Intoxicating Liquor/Sunday On-Sale Intoxicating Liquor License application for “The Grillium” at 21050 Ozark Court North Mayor Maefsky opened a public hearing for a new liquor license as applied for by Rustam Rafi, to operate “The Grillium”, a bar and restaurant at the soon-to-close Thirsty Buffalo at 21050 Ozark Court North. Mr. Rafi explained that he is currently operating a restaurant in Forest Lake and will open a second establishment in Scandia, anticipating a September 25th opening. There were no other comments and the hearing was closed. Ray, second by Benson, moved to approve an On-Sale Intoxicating Liquor/Sunday On-Sale Intoxicating Liquor License to Rustam Rafi to operate The Grillium at 21050 Ozark Court North. Motion carried 5-0. PARK AND RECREATION COMMITTEE Proposed By-laws Change Chair Terry Gorham presented a recommendation from the PRC to update the committee’s by- laws as related to their meetings; to move holiday exemptions on the first Monday of the month to the following Thursday. An amendment would also set the timing of meeting notices from seven days to three days, the same as that for all other city meeting notices. August 16, 2022 Scandia City Council Page 3 of 8 Kronmiller, second by Ray, moved to approve the PRC bylaw changes as presented. The motion carried 5-0 PLANNING COMMISSION Amendment to the Future Land Use Map to remove Mining Overlay designation from 21820 Lofton Avenue North. Resolution No. 2022-28 Planner Monson presented the recommendation from the Planning Commission to amend the Future Land Use Map in the city’s Comprehensive Plan for 21820 Lofton Avenue, to remove the mining overlay designation. The same action was approved by the City Council last month for the adjacent property. Monson explained that currently the parcel is occupied by a single-family residence, a non-conforming use in the mining overlay, making future improvements to the property burdensome to the owner. If the amendment to the Future Land Use Map is approved, the next step is to forward the request to the Met Council, then follow with a rezone request for the property out of the mining overlay zone to General Rural. Council member Ray said this makes sense; a house built in 1915 is being used as a residence. Cusick, second by Kronmiller, moved to adopt Resolution No. 2022-28, Approving a Comprehensive Plan Amendment for 21820 Lofton Avenue North. Motion carried 5-0. Conditional Use Permit and Variance for a Planned Unit Development and Preliminary Plat to develop Outlots I, J, and K of Tii Gavo Subdivision as Tii Gavo 2nd Addition. Applicant Jaren Johnson. Resolution No. 2022-29 Planner Monson presented the recommendation from the Planning Commission to approve a CUP and Variance for the preliminary plat known as Tii Gavo 2nd Addition; to create 8 new lots in the existing Tii Gavo subdivision. Monson explained the unique issues based on Tii Gavo’s approval in 2007 as a conservation subdivision with smaller setbacks. The developer is also seeking a variance from the setback from Rasmussen Pond to 100’ (the natural environment lake requires a 200’ setback). Phase 1 of Tii Gavo permitted a 100’ setback, and the developer is looking to maintain that same setback on the newly proposed lots. The new homes will be served by a community septic and well system. Parkland dedication fees of $12,00 as outlined in the 2007 Developers’ Agreement will be required. A resolution was prepared with conditions of approval., including an update to the current Development Agreement and Conservation Easement to include the proposed improvements for Tii Gavo 2nd Addition prior to approval of the Final Plat. Council member Kronmiller asked about access to one of the lots. Monson explained a shared driveway will be within the city’s easement, with required amendments prepared before final plat approval. Council member Ray said the small lots will be good for the community, and is in favor of the development. August 16, 2022 Scandia City Council Page 4 of 8 Ray, second by Kronmiller, moved to approve Resolution No. 2022-29, Tii Gavo 2nd Addition Preliminary Plat for a Major Subdivision, Variance, and Amendment to an existing Conditional Use Permit. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers explained Frontier Communications efforts to apply for state funding to expand highspeed internet in Scandia. If approved, Frontier’s project would begin in 2023 and be completed by the end of 2024. The project would provide high speed broadband via fiber to several hundred locations within Scandia currently only served by slower DSL lines. Wilmers said Frontier has multiple applications to DEED for areas throughout MN. Wilmers also reported that Midco did not apply for a 2023 state grant for Scandia by the August 5th deadline. Administration staff was asked to prepare a letter of support for Frontier’s application, included in the meeting packet. A challenge process from Midco is underway based on overlap of grant areas. Wilmers said he is monitoring how the challenge process will work out. Council member Kronmiller said having Frontier apply for state aid is a positive, and thanked Wilmers for his efforts; if awarded, only 87 homes will be left to connect to high-speed internet within 2 years. Council member Ray said she is concerned about Frontier’s customer service as their past record shows, saying the City will have to watch Frontier carefully. TOURISM COMMITTEE Tourism Chair Sue Dickens participated on Zoom with a report on Tourism Committee activities. The Committee was unable to get a reduced rate from Shrpa for hosting adventure tours on their website, but the Committee is looking to build out its own local tours and posting them on other social media sites. ECONOMIC DEVELOPMENT AUTHORITY The EDA did not meet in August. The next meeting is scheduled for September 12, 2022. WASTEWATER COMMITTEE No meeting was held in the past month. SISTER CITY COMMITTEE Council member Ray reported that the Sister City Committee is getting ready for a Zoom meeting with Mellerud’s committee on August 25th. The Ukrainian refugee fund has collected $3,500 so far, and hoping for $4,000 by the end of August. Street signs have been ordered with the Sister City designation. BUILDING OFFICIAL The July building activity report was received from Building Official Joel Hoistad. Last month 18 permits were issued at a valuation of $323,102.00. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s July activity. Last month the department responded to 39 calls; 12 fire, 26 medicals, and 1 dive call. Hinz stated that five new members are enrolled in firefighter training. There have been 222 calls to date; a busy year so far. Hinz noted the uptick in calls to group homes. August 16, 2022 Scandia City Council Page 5 of 8 CITY ENGINEER Engineering Updates City Engineer Goodman reported on engineering updates. Regarding the road work on Melanie Trail, construction notices are being sent out again the week of August 8th for the remaining work to start the week of August 15th, to be wrapped up by September. Well water testing will be occurring this week at the Scandia Community Center, sponsored by the Carnelian-Marine-St. Croix Watershed. 2022 Street Improvement Project – Contractor’s Request for Payment No. 1 Ray, second by Benson, moved to approve the Contractor’s Request for Payment No. 1 and pay $246,638.55 to Astech Surface Technologies Corporation. Motion carried 5-0. 2023 Street Improvement Project – Authorize Plans & Specifications Engineer Goodman provided a map of the proposed 2023 Street Improvement Project, to include 202nd Street, Orwell Avenue, and Oxboro Lane. A total of $750,000 has been budgeted for this project. Bid opening is projected for January 25, 2023 with the project to be awarded in February 2023. Benson, second by Ray, moved to Authorize Preparation of Plans & Specifications for the 2023 Street Improvement Project. Motion carried 5-0. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. Public Works staff completed a large patch on the old section of Mayberry Trail south of 205th Street, where the road base is failing; a future full road reconstruction is needed in 2-3 years. Crack filling and road striping have been completed; dust control will be applied tomorrow on the city’s southern roads. In the sewer department, a few tanks needed pumping in the last month; enhanced reporting to the MPCA is being done. Future Lilleskogen park benches have been prepped with concrete pads, and wood chips spread in the park. Fischer addressed the requests for public lake access with recommendations: • Lake Keewahtin: Area residents have requested to clear a walking trail on the city easement, the only known publicly owned land on the lake and listed on the DNR website as a 50 foot wide access to the lake near the end of Kirby Ave. Fischer said he supports this request on the outlot, requiring only minimal brush removal. An official survey will be needed to mark the property lines. • Bone Lake: The petition to survey and clear the drainage easement on Lofton Court east of Lofton Ave on Bone Lake could not be supported. The access would be difficult to maintain due to the sloping nature to the lake, and would cause future erosion issues. The nearby DNR boat landing has ample parking and a portable toilet for public use. • Goose Lake pedestrian easement: This easement which runs from Oren Road to Goose Lake could not be supported due to costs and maintenance if it were to become a viable walking trail for all Scandia residents. The potential cost of up to or more than $50,000 is possible August 16, 2022 Scandia City Council Page 6 of 8 based on current construction costs of natural surface trail systems, as well as costs to install boardwalks over the existing wetlands. Public Works Data/Inventory Recording Budgeting Software Public Works Director Charles Fischer proposed the purchase of a software program to track inventory, costs, and maintenance schedules for all assets of the city. The company provided a quote for an implementation cost of $1,500 as a set-up fee. After that, operating costs of $5,000 each year would be billed to support the program. Fischer said set up fees can be funded with this year’s budget, and future cost built into the general budget as an operating cost. Mayor Maefsky said this makes sense for the equipment the department needs to keep track of. Council member Ray said this is a great idea to use technology as a tool to save man hours. Council member Kronmiller asked about ongoing processes - can they be adapted? Fischer answered that there are multiple layers of data entry to be set up for Scandia’s needs on the Public Works track, including roads and sewer. Adding multiple levels can add to the cost, but the proposal is a reasonable annual cost for the city’s needs, being built out in this way. Ray, second by Benson, moved to approve the purchase of iWorq Systems in the amount of $1,500 for 2022 and $5,000 for 2023. Motion carried 5-0. CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. The Bliss Addition Stormwater and Water Quality Improvement Project with the Carnelian-Marine-St. Croix Watershed is still in the process of finalizing cost estimates, with a memo of understanding to present at a future Council meeting. A street sweeping program is being investigated – an activity to reduce phosphorus contamination to waters. The next budget workshop will be held on September 7th. Filing closed today for city offices – there is one mayoral candidate and 6 candidates for the two council seats. Warning letters have been sent for code violations. Cammilleri said he is hoping to utilize the nuisance ordinance for enforcement action. The community solar farm survey is open to September 2nd for residents to complete. The results will be discussed at a future Planning Commission meeting. Staff is implementing online forms to streamline the process for all applications. Discussion and possible approval of the contract for Midco’s 2022 Broadband Internet Expansion Midco has prepared the contract for the 2022 broadband internet buildout expansion, to cover three areas in Scandia. Exhibit 2 listed the addresses to be connected, which matches what is being installed. The proposal includes 152 total service passings. This list includes 47 homes that are already included in Midco’s Rural Digital Opportunity Fund (RODF) award area. The total cost of the agreement to the City is $219,000. Kronmiller, second by Ray, moved to approve the Midco Construction Cost Sharing Agreement as presented. Motion carried 5-0. August 16, 2022 Scandia City Council Page 7 of 8 Consider Change Order to the MSA Contract for Parks Master Plan – attendance at Taco Daze Administrator Cammilleri presented a request for a change order to the MSA contract for the Parks Open Space Master Plan. The Parks Committee discussed opportunities for public outreach at Taco Daze regarding the study to engage the public and gather feedback. This activity was not included in the scope of work. MSA proposed an amendment with estimated cost of $1,700 for the pop-up event. Council member Ray asked if MSA would consider swapping another event/meeting instead. Cammilleri said he is unsure if skipping a meeting would be productive for the plan. Benson asked if the Taco Daze event would hold much value. Cammilleri said he thought it would, depending on attendance; and would be a great opportunity for involvement from the public. Cammilleri said credibility of the plan is strengthened with public engagement. Kronmiller, second by Benson, moved to not approve an amendment to the MSA contract to attend Taco Daze. Motion carried 5-0. CONSIDER PROPOSAL TO RELOCATE THE GOOSE LAKE PEDESTRIAN EASEMENT – JIM SIMPSON Administrator Cammilleri explained that at a prior meeting, the Council was approached by property owner Jim Simpson to consider relocating the existing pedestrian easement from his property line to Goose Lake. Simpson’s proposed map was in the meeting packet. Jim and Peg Simpson were present to discuss their proposal. Simpson outlined the benefits of moving the public easement to the outside of their property to end at the public access to Goose Lake, saying the public landing has a dock and toilet facility, and the easement length increased to 3,614 feet - a 100% increase in the trail length. The proposed location has no wetland issues as does the existing easement, and connects to a dedicated bike route along Oakhill Road. Simpson said his organized tree rows and fencing will eliminate trespassing onto private property, and would have no effect on bordering neighbors. With no cost to the city to establish, the new trail would benefit all of the community instead of a limited neighborhood. Simpson asked for council support, saying his unique business requires fencing and cannot operate with the easement in place. Simpson said his goal is to work with the city on relocation and maintenance. Ellen St. Sauver, said she has lived on her farm on Oldfield Avenue since 1975, with her land adjacent to the proposed easement. She said she would want a fence or sign to not trespass onto her land. Mayor Maefsky said she needs a clear idea of where the trail would start, and directed staff to work with Simpson to explore a tentative agreement of what a relocated easement would look like with a clear understanding of conditions and responsibilities. Don Baber, Olgilvie Avenue, said the park outlot could have a pathway as the starting point for the existing easement and to provide parking. Baber stated this Simpson proposal is a path to nowhere – the trail is proposed to end at a driveway and would limit access to the lake. August 16, 2022 Scandia City Council Page 8 of 8 CONSIDER A REQUEST FOR PROPOSALS FOR PROSECUTION SERVICES Administrator Cammilleri introduced a draft Request for Proposals to consider a search for prosecution services, currently under contract with City Prosecutor Mike Welch. Cammilleri said he felt that services are not meeting expectations. Cammilleri said that Welch is a capable attorney, but he is not satisfied with his responsiveness and abilities to prosecute cases, making his job for code enforcement difficult, asking the Council to keep an open mind and look at other options, including Mike Welch. Mike Welch was present and explained his history with Scandia since 1983, also serving Marine, Hugo, Lakeland and other communities. Welch provided a list of invoices for his billing – averaging $665 a month, saying the City will not receive bids for services less than this. He asked the Council the issue is – are you really satisfied with my performance? Welch described that inaccurate information was provided by Cammilleri, primarily that Welch’s communication goes without a response. Welch provided the Council copies of his emails to Cammilleri. Attorney Nelson clarified that his office drafted the nuisance ordinance, and did not seek input from Welch nor communicate the adopted ordinance to him. Mayor Maefsky said the question is – should we do an RFP? Maefsky said that after a period of time, it may be time to evaluate what services we could get and thinks this is a good idea; this discussion is not a concern of what has gone on between two individuals. Council member Kronmiller agreed that RFP’s are a good evaluation of services and to get them on a regular basis. Council member Ray said they should set a policy to evaluate contracts every 3 to 5 years. Benson, second by Ray, moved to adopt a policy of issuing Requests for Proposals for contracted services every three years. Motion carried 4-1 with Cusick opposed. Kronmiller, second by Benson, moved to issue a Request for Proposals for Legal Prosecution Services. Motion carried 5-0. The Council directed staff to prepare a timetable for contracts and evaluations of all the city’s contracts for discussion at a future meeting. ADDITION - REPORT ON LCCMR GATEWAY TRAIL FUNDING Mayor Maefsky reported on the progress of the Scandia Gateway Trail Grant with Legislative‐ Citizen Commission on Minnesota Resources (LCCMR). Maefsky and Cammilleri conducted the interview step today with the legislative committee. An announcement will be made on August 30th on the Committee’s recommendations for projects selected for grant funds. ADJOURNMENT Ray, second by Benson, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:50 p.m. Respectfully submitted, Brenda Eklund, City Clerk