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06.a1 Draft minutes 12-20-2022 Meeting December 20, 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 7:02 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, Interim City Administrator Anne Hurlburt, City Attorney Chris Nelson, City Planner Evan Monson (remote), City Engineer Ryan Goodman, Deputy Zach Boesel, Fire Chief Mike Hinz, Public Works Director Charles Fischer, Treasurer Colleen Firkus, and City Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Maefsky announced that Agenda Item 10.e) Approve Recruitment Materials would be moved to follow the Consent Agenda. Ray, second by Benson, moved to approve the agenda as amended. Motion carried 5-0. LAW ENFORCEMENT REPORT Deputy Boesel reported on police activity within the past month. After obtaining a search warrant, the city’s stolen snowflakes from last winter season were recovered, along with other property from various communities. Boesel said they have a suspect to hold accountable for the thefts. Boesel said that engine braking complaints are being worked on. Deputy Boesel reported on his teaching of the 6th grade DARE program at Scandia Elementary, and is increasing his involvement with implementing a 2nd through 5th grade lesson curriculum. Boesel said the short lesson plans are not time intensive and have positive effects on the students. Mayor Maefsky explained Deputy Boesel’s time at the school takes away from his time in the community, but this is worthwhile and should be formally considered by the Council. Ray, second by Kronmiller, moved to approve the DARE program extension at Scandia Elementary School. Motion carried 5-0. Boesel reported on the drastically increased number of calls for mental health with the majority coming from group homes run by the state. Boesel said this is consuming significant public safety staff time, creating a strain on the police and rescue departments. Boesel said he would like to have a discussion at a future Council meeting around this topic of mental health issues in Scandia. PUBLIC FORUM No public comments were made. December 20, 2022 Scandia City Council Page 2 of 8 Scandia Good Neighbor Proclamation – Patti Ray Council member Patti Ray was recognized for her 4-year term on the City Council, where she completed many initiatives, served on multiple committees, and established community events such as Vinterlights and Midco Days. Scandia Good Neighbor Proclamation – Scott Jochim Local resident Scott Jochim was recognized for his generous deed in going out of his way to help a neighbor in need who he came upon with car trouble. CONSENT AGENDA a) Minutes 1) November 15, 2022 Special Meeting 2) November 15, 2022 Regular Meeting 3) November 22, 2022 Special Meeting 4) December 7, 2022 Work Session b) Treasurer’s Report c) Payment of Vouchers d) Approve 2023 Tobacco License Renewals: Scandia Tobacco, Big Marine Lake Store, Big Marine Lake Liquor Store e) Approve 2023 Liquor License Renewals: The Scandia Creamery (On-Sale/Sunday On- Sale), Rustic Roots Winery (On-Sale/Sunday On-Sale), The Grillium ((On-Sale/Sunday On-Sale), Big Marine Lake Liquor Store (Off-Sale) f) Approve 2023 City Council Meeting Schedule g) Approve 2023 Contract for Technical Services with Washington Conservation District h) Adopt Resolution No. 2022-41 – Establishing Employee pay rates for 2023 i) Adopt Resolution No. 2022-42 – Employee Health Plan for 2023 j) Approve waiver of Community Center reservation fees for Rabbit & Cavy Breeders Anonymous Club for rabbit shows on January 28, 2023 and March 18, 2023 k) Approve Bank Signatories – Resolution No. 2022-43 l) Approve Special Event Permit for The Minnesotan Cup, February 4, 2023 Council member Ray noted that Consent Agenda Item 6.f) 2023 City Council meeting schedule should have the Wastewater Advisory Committee and Capital Investment Committee added to the schedule. Staff will update the schedule for adoption at the January 4, 2023 Work Session. Ray, second by Benson, moved to approve the Consent Agenda as amended with removal of Item 6.f. Motion carried 5-0. APPROVE RECRUITMENT MATERIALS AND SALARY RANGE FOR CITY ADMINISTRATOR POSITION – CHARLENE STEVENS, GOVHR USA Charlene Stevens, GovHR USA, presented the City Administrator recruitment materials and schedule for filling this position, which will be vacated by Ken Cammilleri on December 31, 2022. The job description was updated by staff. It was recommended to add code enforcement duties to the description. Stevens recommended a salary range of $110,000 to $141,000. Council member Benson remarked that the salary range up to $141,000 seems high after looking at the comparisons chart. December 20, 2022 Scandia City Council Page 3 of 8 Council member Kronmiller agreed. Stevens said offering $110K-$130K could still be competitive, and the higher range offered for those with experience. There was consensus to advertise the range as $110K-$130K depending on qualifications. Benson, second by Ray, moved to approve the recruitment materials with amendments to the salary range and the addition of code enforcement duties to the job description. Motion carried 4-1 with Cusick opposed. PARK AND RECREATION COMMITTEE PRC Chair Terry Gorham reported on the December 5th Parks Committee meeting. MSA planning staff are working on a final report for the Parks Master Plan; several items and maps need updating based on staff and PRC feedback. The Committee is planning for Vinterfest scheduled for February 4, 2023. Events include a Kuub Tournament, snow sculptures, a button art contest with Scandia Elementary, and activities with Gammelgarden Museum, with posters being prepared. The Children’s Storypath at Lilleskogen Park will display the student’s art exhibits from the button contest. PLANNING COMMISSION Conditional Use Permit for a Detached Accessory Structure and Administrative Permit for an Accessory Dwelling Unit at 23183 Meadowbrook Avenue North. Mira and Michael Norcross, Applicants. Resolution No. 2022-44 Planner Monson presented the recommendation from the Planning Commission to approve a CUP for an accessory structure to exceed the allowed allotment of square footage, and to have an Accessory Dwelling Unit within the structure at 23183 Meadowbrook Avenue. Monson explained that the structure will be 5,758 square feet in size; the property will exceed the allowed 5,000 sf of accessory size by 19% above the allotment (a small shed will remain on the parcel). The City’s Unified Development Code provides for a CUP process to exceed the allowed square footage for accessory structures up to 25%. An ADU for future use is proposed within the structure, 200 square feet in size. Monson stated that the structure meets setback requirements for the property. The Planning Commission determined it met the criteria for a CUP. A resolution was presented with findings and conditions of approval, including that a Watershed and grading permit will be needed, Council member Ray said this is a very wet lot, especially in the spring. Ray asked why the building is so large. Applicant Mira Norcross addressed the Council and explained that the placement of the barn is far back from the wet areas of the property, on the other side and higher up in grade. There are existing trees for screening. The size of the building is designed to have their needs met in one building as opposed to multiple buildings. Norcross noted that they are not asking to be up to the 25% allowance. Administrator Cammilleri explained that the new UDC provision allows for flexibility of accessory structures, and was adopted with the 25% exception to exceed the maximum size and number of accessory structures with a CUP as long as it meets the criteria established in the comp plan and that conditions are met. This application fits within the 25% allowance. December 20, 2022 Scandia City Council Page 4 of 8 Regarding the issue of wetlands, Cammilleri noted that it meets the 200’ setback from the DNR waterbody, and from the road. Benson, second by Cusick, moved to approve Resolution No. 2022-44, Approving a Conditional Use Permit for 23183 Meadowbrook Avenue. Motion carried 5-0. Interim Use Permit for animal density above the allowed number at 16315 209th Street North. Correy and Michelle Lorenz, Applicants. Resolution No. 2022-45 Planner Monson presented the recommendation from the Planning Commission to approve an Interim Use Permit for increased density of livestock above the allowance permitted for the size of the property at 16315 209th Street. Monson explained that the property is 6.15 acres and is permitted 3 animal units. The applicants are planning to raise calves to slaughter weight, starting with 10 and proposing up to 20 cattle. The UDC defines one cow as one animal unit. Monson described the conditions of approval from the Planning Commission – the IUP will expire within 3 years at which time the applicants can reapply to continue the use, there may be a maximum of 20 cattle, and a manure management plan must be submitted. The 3-year time frame will allow the operation to go through a cycle of raising cattle and provide time for the city to review the operation. Monson noted that the IUP can be discontinued if violations occur. Monson said the Commission received comments both for and against the request, but found the ordinance does not give an upper limit based on acreage. The ordinance does allow for an IUP to be pursued to exceed animal density. Council member Cusick said this is a 650% increase over what is allowed. A nearby farm is at 2.5 animal units per acre. This property slopes and could contribute to runoff. Cusick said there is a reason for the animal units chart; even permitting 6 cattle over the 3 as allowed is a 100% increase. Council member Benson said they do have flexibility to set a limit with criteria #2 and #3, the impact to surrounding properties. Benson said she is concerned about the number of cattle, and could they allow a trial with a lesser number. Applicants Correy and Michelle Lorenz addressed the Council and explained that a sacrificial pasture is one used to allow the other 2 pasture areas to regenerate. Council member Ray asked why so many cattle. Mr. Lorenz said they plan to raise organic meat, and determined this is a reasonable number after consulting with agriculture experts for a ratio or acceptable number – 20 was the number they came to. Mr. Lorenz said they are not trying to start with 20, but could work up to that. Administrator Cammilleri asked if there are any other livestock on the property. Mr. Lorenz said they have five pigs and two goats. Cammilleri recommended they provide an inventory of animals being raised for agricultural activity to determine total animal units. Staff recommended the resolution should reference animal units, to replace the word cattle. December 20, 2022 Scandia City Council Page 5 of 8 Administrator Cammilleri said the Commission was concerned about this density, but no maximum density is provided in the code. A feedlot is addressed separately but does not apply here. Mayor Maefsky said she has a hard time allowing from 3 to 20 head of cattle, and this could be inviting people to increase the number they have on a property. Attorney Nelson explained the Council could offer a written statement of denial with findings, or table a decision to allow the applicant time to reconsider a lower number of livestock. The city will have a review time of up to 120 days for a decision. If the Council is not interested in going above the allowed density limit, they can deny at this meeting. Lorenz said he has a right to apply for an IUP, and had eleven neighbors in favor. Mayor Maefsky said she is worried about the implications of this number, but not sure what the number should be. Benson, second by Kronmiller, moved to table the IUP request and extend the time to make a decision up to 120 days. Motion carried 5-0. SCANDIA INTERNET ACTION COMMITTEE IAC Chair Bob Wilmers provided an update on internet activity. Midco is working on an extension project, but there are delays due to supply issues for the components. Administrator Cammilleri said at a future meeting, the Council will consider a Memo of Understanding to extend the agreement with Midco beyond the expected end date due to the shortage of materials. Wilmers announced a new grant area of 112 homes around Big Marine Lake was awarded to Washington County; construction is planned in 2023, to be completed by the end of 2024. Scandia’s allocation for the project is expected to be $92,500. Staff anticipates an agreement for this new County grant area with Midco will be forthcoming – Midco hasn’t yet officially approached the city. Scandia was awarded no grants directly from this DEED round. Wilmers explained a federal line extension program will be available for residents to directly apply to, and asked that staff publicize this program to Scandia residents. Wilmers said this can help with fiber installation on long driveways. TOURISM COMMITTEE The Tourism Committee did not meet in November. ECONOMIC DEVELOPMENT AUTHORITY The EDA did not meet in November or December. WASTEWATER COMMITTEE The Wastewater Committee did not meet in December. December 20, 2022 Scandia City Council Page 6 of 8 SISTER CITY COMMITTEE Council member Ray reported on the November 30th meeting of the Sister City Committee. A guest speaker provided information on Sister City programs from his work in Chisago County, with ideas for joint marketing. A photo club connection will be starting in January, and the Committee is setting up a joint Facebook page with Mellerud. The donated funds collected through the Lions Club are being used to send a generator to Ukraine. The Committee received a box with candy and homemade items from Sweden. BUILDING OFFICIAL The October and November building activity reports were in the meeting packet. In October, 18 permits were issued at a valuation of $202,426. In November, 9 permits were issued at a valuation of $896,610. FIRE DEPARTMENT Fire Chief Hinz reported on the fire department’s November activity. Last month the department responded to 26 calls; 9 fire, and 17 medicals. Hinz said staff will be addressing the excessive psychiatric calls, and training burns on state land are being planned. CITY ENGINEER Engineering Updates City Engineer Goodman provided a report on engineering updates. An MPCA meeting was held regarding the Bliss System and potential funding opportunities may be available to move forward on this project. Goodman highlighted a report on the County’s mailbox program. 2022 Street Improvement Project – Contractor’s Request for Payment No. 4 Benson, second by Kronmiller, moved to approve the Contractor’s Request for Payment No. 4 in the amount of $14,162.83 to Astech Surface Technology Corporation. Motion carried 4-0 with Ray abstaining. 2023 Street Improvement Project – Approve Plans & Specifications and Authorize Ad for Bid Engineer Goodman explained the project area and timetable for award of the 2023 Street Improvement Project. The City budgeted a total of $790,000 for next year’s project, on Oxboro Lane, 202nd Street and Orwell Avenue. Bid opening is proposed on January 25, 2023 with consideration of the contract award at the City Council meeting on February 21, 2023. Benson, second by Ray, moved to approve the plans and specifications and authorize the ad for bids. Motion carried 5-0. DIRECTOR OF PUBLIC WORKS Public Works Director Charles Fischer reported on the department activities. The crew has been busy clearing snow and ice, ice rink flooding started today, and an onsite inspection for a sewer connection on Norell Avenue is going well. The tandem plow truck is having more breakdown problems, the Council Chamber upgrades are ongoing, with carpet installation scheduled for early January. Staff anticipates the space will be open for the January 17, 2023 Council meeting. December 20, 2022 Scandia City Council Page 7 of 8 CITY ADMINISTRATOR Administrator Cammilleri reported on general updates. A meeting with the MPCA determined that the City is in a position to qualify for state grants for wastewater systems to address removal of nitrates from effluent, with remediation eligible for grants up to 80% of project costs; Cammilleri said this is promising news but they do not yet know the extent of the funds. Staff will go over the timetable in order to stay on track for construction by 2024. A Gateway Trail update was given – Staff is waiting for the LCCMR committee to adopt the draft legislation to authorize the award. Staff is reviewing the Annual Operating Permit for the Martin Marietta gravel mine. The City is advertising openings for various committee applications. RESOLUTION NO. 2022-46 ADOPTING THE 2023 CITYWIDE BUDGET AND RESOLUTION NO. 2022-47 ADOPTING THE 2023 PROPERTY TAX LEVY Cammilleri presented the budget for 2023, as worked on over the past several months with the City Council. The summary included the sewer enterprise funds, with rate increases of 25% proposed for 2023 for the Big Marine System users and the Uptown Sewer users. Cammilleri said the total general fund budget of $2,182,509 is proposed to increase the levy 8.7% over last year. There were substantial increases in property valuations last year, thereby increasing the city’s tax capacity. Cammilleri said the Council was offered a strategy for budget planning that resulted in a lowered tax rate for Scandia -- lowered from 30.945% to 26.236%, a trend maintained since 2017. Cammilleri explained the tax levy breakdown -- increased general fund levy by 18% due to inflationary adjustments for operations and costs of the administrator transition. Planning costs were budgeted upward due to increased costs with a new contracted service, wage adjustments were approved for the fire department, Public Works is planning for equipment replacement, funding for Parks events was increased to fund the additional activities. Cammilleri said expenses increased 15.1%. Total revenue estimated for 2023 is calculated to be $2,212,418. Shaun Collier, Scandia resident, addressed the Council with questions about the 11-15-2022 special meeting discussion of the Uptown Sewer, and is the city anticipating the future Heritage Center to add revenue. Collier said she has concerns about the city’s sewer systems not able to support the expansion of a new user. Cammilleri explained the history of the Uptown System and how it operates as an enterprise fund not using public money to support the future Center to build out the infrastructure. Any expansion costs would not be paid by the city, but all on the user. Cammilleri said Federal ARPA funds are being directed to the Big Marine Sewer improvement project; the city plans to use these funds as being the steward of the system to maintain its operation. Council member Ray proposed lowering the levy by lowering internet funding. Cammilleri explained that there would be only a minor change to property taxes if this is done, and could be detrimental to future funding the city’s cash position, as spending has exceeded revenues the past few years. Leaving the levy as presented brings a level of valuation to the budget. December 20, 2022 Scandia City Council Page 8 of 8 Kronmiller, second by Cusick, moved to approve Resolution No. 2022-46 Adopting the 2023 City Wide Budget. Motion carried 5-0. Kronmiller, second by Cusick, moved to approve Resolution No. 2022-47 Adopting the Final 2022 Levy Payable 2023. Motion carried 5-0. REVIEW DRAFT 2023 FEE SCHEDULE FOR ADOPTION AT THE JANUARY 4, 2023 WORK SESSION Staff presented the 2023 fee schedule for adoption at the next meeting. Council had no questions or concerns. DISCUSS XCEL ENERGY RESPONSE TO CITY LETTER ADDRESSING RESIDENTIAL SOLAR CONCERNS Council member Ray noted that she has heard from three more residents who have been turned down for residential solar panels. Ray proposed starting a petition to Xcel Energy to update the capacity of their substations, and to send the petition to the Public Utilities Commission to address. Council member Kronmiller agreed this would be good idea, as Xcel’s response indicated that solar gardens are consuming the capacity to the detriment of residents to install solar panels. The Council had no objections to Ray spearheading this petition effort. ADJOURNMENT Mayor expressed thanks and appreciation to Administrator Camilleri for his time and effort as the City Administrator the past three years. Ray, second by Benson, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 10:03 p.m. Respectfully submitted, Brenda Eklund, City Clerk