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06.a3 Draft minutes 04-05-2023 Work Session April 5, 2023 A work session meeting of the Scandia City Council was held on the above date with modifications. The meeting was conducted in the Council Chambers 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 6:31 p.m. The following were present: Council members Heather Benson, Jerry Cusick, Steve Kronmiller, Mike Lubke and Mayor Christine Maefsky. Staff present: Interim City Administrator Anne Hurlburt, City Attorney Eric Larson (virtual), Deputy Zach Boesel, Public Works Director Charles Fischer and City Clerk Brenda Eklund. APPROVAL OF THE AGENDA Benson, second by Kronmiller, moved to approve the agenda as presented. Motion carried 5-0. PRESENTATION FROM LAKES CENTER FOR YOUTH AND FAMILIES – LINDA MADSEN, EXECUTIVE DIRECTOR Linda Madsen, Executive Director for the Lakes Center for Youth and Families, provided an annual report on the services offered by the non-profit, which focuses on youth and family counseling, intervention, and enrichment. Madsen noted increased operation costs and asked the Council to consider funding enhancements in 2024. CARNELIAN-MARINE ST. CROIX WATERSHED BOARD OF MANAGERS EXPIRING TERM Carnelian Marine St. Croix Watershed District Manager Michael White resides in Scandia and is seeking reappointment to his position as a Watershed Manager. White’s term expires on June 21, 2023. Mr. White requested a recommendation letter for his reappointment. Benson, second by Lubke, to endorse Michael White to be reappointed to the Carnelian Marine St. Croix Board of Managers. Motion carried 5-0. WASTE AND RECYCLING: STATUS REPORT ON NEGOTIATIONS WITH WASTE MANAGEMENT Four members of the Waste and Recycling Negotiating Committee met with Waste Management for the second time on March 28th to discuss WM’s 2023 pricing proposal and basic parameters of a contract. Interim Administrator Hurlburt recommended the Council extend the negotiation period with Waste Management, which ends on April 9, 2023, to continue to work on a contract for trash and recycling. Benson, second by Cusick, moved to extend the negotiating period with Waste Management by 30 days. Discussion: Kronmiller questioned any downsides of initiating the process to go through an RFP. Hurlburt noted the additional time and costs (estimated $30-40K in consulting and legal costs). Scandia City Council Work Session April 5, 2023 Page 2 of 4 Maefsky said there is a low chance other trash providers would even submit an RFP. Benson agreed, saying other competition is not really out there; WM is already serving Scandia and investing on getting their services improved. Patrick Redig, 209th Street: Asked for clarification on the pricing structure as provided in the staff memo. Redig, a WM customer for past years, said he is paying $280 a quarter, compared to the much-lowered costs being proposed by WM. Hurlburt explained that WM customers are paying very different rates on the open market versus the customers that WM took over from SRC, who were paying lower rates. If a trash hauler is under contract, the city will have more control over pricing. Maefsky called for a vote on the above motion. Motion carried 5-0. DISCUSSION RE: SCANDIA ADVISORY COMMITTEES Council member Kronmiller requested the City Council discuss city advisory committees and their roles and responsibilities before making additional appointments. A list of discussion topics was provided in the meeting packet. Kronmiller said his intent is to develop a form of communication to educate the city’s advisory committees on policies and guidelines. Discussion topics: Should two members of the same household serve on a city committee? Do committee members understand the open meeting law? Kronmiller said he has a concern that two persons in the same household could have a conversation with someone else which could violate the open meeting law. Could the public make an accusation? Maefsky reported on the response from a mayor’s group she consulted who found no objections, with responses that a city should encourage residents to volunteer and not flood them with requirements and rules. An annual training of open meeting law and policies as a standard practice makes sense which was suggested from her mayor’s group. Benson said she is not concerned about this, and agreed that annual training should be provided. She would assume and expect all committee members will follow the rules once they are educated. Attorney Larson said training is a good first step and that he can provide this to the city’s advisory committees. . The Council was in consensus to provide open meeting law training this spring as there are new committee members coming on board. Discussion topics: Should there be policies on subcommittees or spin-offs? When is a committee an official city committee subject to data practices and other requirements? Scandia City Council Work Session April 5, 2023 Page 3 of 4 Hurlburt explained that the Tourism Committee evolved out of EDA, and the Sister City Committee evolved out of Tourism. Are they official city committees? Should some committees want to avoid being subject to the open meeting law? If so, the subcommittees need to be trained. Maefsky recommended the Sister City not be an official city committee, as the committee has plans to become a non-profit 501c3. A non-city organization would be preferred, but continue to keep Scandia in a sister city relationship with Mellerud, Sweden. Attorney Larson agreed the Sister City Committee can be an independent body in a nonprofit capacity as a separate organization supporting the city with the sister city relationship, and do so in their own autonomous status. Larson said he does not yet have the mechanics totally worked out after getting this question today, but will advise staff on a process to meet its objectives that comply with the law. Discussion topic: What is the role of city council liaisons? Hurlburt gave an example of the Wastewater Committee that Kronmiller has chaired and participated in votes; there are inconsistencies in being appointed a liaison and it should be made clear that a liaison is there as a resource and reports back to the Council. There was agreement that Council members serve as non-voting, ex-officio members of advisory committees. Patti Ray, Melanie Trail: Asked if the Sister City Committee needs council’s permission to apply to become a non-profit? Maefsky stated no, they do not need Council’s permission. Ray added that in her research, the City has had zero violations of the open meeting law going back ten years. Ray said she consulted with a state attorney expert on the open meeting law, and the law does not have requirements on who can sit on a committee. Discussion topic: How do we ensure committees do not make excessive demands on staff time or city resources? Maefsky suggested that if a committee requests staff time, they must come to the city administrator or mayor so a demand on staff does not occur. APPOINTMENT TO INTERNET ACTION COMMITTEE (TABLED FROM MARCH 21, 2023 MEETING) At a special meeting on March 21, 2023 the Council interviewed Patti Ray for a vacancy on the Internet Action Committee. At the regular meeting that same evening, the Council tabled the appointment to the April 5, 2023 Work Session meeting. There is one vacancy on the five- member committee. Interim Administrator Hurlburt reported that the City received an additional application from a community member interested to serve on the IAC. Staff has scheduled a Special Meeting on April 18, 2023 to interview applicants to various advisory committees. Mayor Maefsky stated that action will be taken on the tabled motion. Benson, second by Cusick, moved to appoint Patti Ray to fill the vacancy on the Internet Action Committee. Motion carried 5-0. Scandia City Council Work Session April 5, 2023 Page 4 of 4 UPDATE, ISSUES WITH GROUP HOMES OWNED BY COMMUNITY LIVING OPTIONS At their March 1st Work Session, the Council received a report from staff documenting the impact of group homes owned by Community Living Options on public safety services. Letters and copies of the report were sent to the CLO owner and to the Washington County licensing agency. CLO Program Director Kris Millerbernd provided a written response which the Council discussed. CLO offered to meet with the Council to discuss the problems and offer suggestions on how to deal with the calls. CLO indicated the major problem they have is adequate staffing at the residence. Mayor Maefsky said she spoke with licensing authority Jennifer Castillo at Washington County and was told the County oversees the facility, while the State oversees the provider. The County has offered to help in any way they can. Maefsky said she filed a report with the MN Adult Abuse Reporting Center using the information from the March 1st staff report. PW Director Fischer reported on two experiences he recently encountered with the residents being off-premises from the group home near him. Administrator Hurlburt agreed that the frequency of calls and potentially violent incidences are becoming more frequent. Deputy Boesel reported more calls are being made from this residence, saying the response from CLO is not adequate. More preventative action can be taken that appears to be pushed to the side. Recently there are additional criminal charges stemming from this group home. The behavior is not getting better. Boesel said it would be a good idea to meet with CLO to discuss the problems with their properties. Mayor Maefsky said she will reach out to invite county and state staff to a meeting with CLO representatives. Hurlburt agreed and said that staff will help to coordinate a meeting with other potential attendees as well. ADJOURNMENT Benson, seconded by Kronmiller, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:00 p.m. Respectfully submitted, Brenda Eklund City Clerk