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08-28-2007 Meeting CITY OF SCANDIA CITY COUNCIL AGENDA Tuesday, August 28, 2007 7:00 p.m. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Public Forum 4. Approval of the Agenda 5. Approval of Consent Agenda a) Minutes 1) July 17, 2007 Council Meeting 2) August 7, 2007 Meeting with Planning Commission 3) August 14, 2007 Special Meeting b) Treasurer's Report c) Utility Permit, Frontier Communications (12080 Lakamaga Trail) 6. Public Hearings (None) 7. Committee Reports 8. Staff Reports a) Police Department Deputy Chris Majesky b) Fire Department Fire Chief Steve Spence c) City Engineer Tom Peterson d) City Attorney Dave Hebert e) City Administrator Anne Hurlburt 1) Sale of F-450 Truck 2) Sale of Seppi Mower Attachment 3) Dates for 2008 Truth in Taxation& Levy Adoption Hearings 9. General Business a) Mining Ordinance 1) Ordinance#103, Mining and Related Activities Regulations 2) Resolution No. 08-28-07-01 Approving the Title and Summary of the City of Scandia Mining and Related Activities Ordinance b) Variances for Lot size, Setbacks and Impervious Surface Coverage to Construct a New Single-Family Dwelling for Allen and Penny Lepinski at 12614 182"a Street (Richard Grekoff, West Lake Builders) (Resolution No. 08-28-07-02) c) Consider Request of Earl Poyerd, 19166 Larkspur, to Permit Dock on Big Marine Lake 10. Adjournment Meeting Date: 8/28/2007 Agenda Item: 4di2 fto City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a reduction in the letter of credit for Big Marine Development, LLC for public improvements in the Tii Gavo subdivision. Deadline/ Timeline: N/A Background: • The development agreement for Tii Gavo required Big Marine Development, LLC to submit a financial guarantee in the form of a letter of credit for the public improvements (streets, drainage, etc.) in the total amount of$1,514,344.00. • The Council approved a $300,000 reduction on July 17, 2007. A second reduction in the amount of$350,000 was approved on August 7, 2007. • The developer has requested a further reduction of$300,000 to a new amount of$564,344. • City Engineer Tom Peterson has reviewed the request and recommends approval. Recommendation: I recommend that the Council approve the reduction of the letter of credit to a new total amount of$564,344.00. Attachments/ • Letter from Big Marine Lake Development LLC dated August 27, Materials provided: 2007 • E-Mail from Tom Peterson dated August 27, 2007 Contact(s): Mark Sandercott, President Big Marine Lake Development LLC (651 433-1000) Prepared by: Anne Hurlburt, Administrator (tii gavo is reduction 3) Page 1 of 1 08/28/07 gig marl-Kt L_oke •DeveLopv tev,t, L_L a 21020 OLivi.da TrCa North * Scavi.d%a, MN 5507-3 T: 651-433-1000 * F: 651-433-1119 * superiorl,awd@frovttierwet.vtiet August 27, 2007 Anne Hurlburt City of Scandia 14727 209th Street North P.O. Box 128 Scandia, MN 55073 Dear Anne: This letter is a written request to draw $300,000 from the Big Marine Lake Development, LLC account established through the Irrevocable Letter of Credit Number 10242-80 through the Alliance Bank. We have completed 1,300 feet of the road with 100 feet remaining to complete the connection of Lakamaga and Newgate. There will be operating and material expenses for said completion. We will also be incurring expenses for the materials and installation of the infiltration basins and drywells. Please contact our office if you have any questions or need additional information for this request. Thank you. Sincerely, Tim Gile Field Operations Manager TG:ks Page 1 of 1 Anne Hurlburt From: Peterson, Tom W [Tom.Peterson@bonestroo.com] Sent: Monday, August 27, 2007 11:01 AM To: Anne Hurlburt Cc: Kris Sander Subject: Tii Gavo Anne, Tim Gile has requested a reduction in their letter of credit. Big Marine Lake Development has completed most of the road grading, which includes excavations, geotextile fabric, sand subgrade and aggregate base. Infiltration ponds through out the development have also been dug. This is their third request for reduction in LOC. The first two requests totaled $650,000. This request is for $300,000. Our field staff has been inspecting the work daily and I was out to the site on August 24, 2007. I recommend that the LOC reduction be accepted by the City Council. The total reduction to-date will be $950,000 of the total $1,514,344, which leaves $564,344. Tom Peterson, PE Principal Tel 651-604-4868 Cell 651-216-5295 torn.peterson@bonestroo.com 4r Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com 8/28/2007 Via ) /) July 17, 2007 A regular meeting of the Scandia City Council was held on the above date. Mayor Dennis Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Peter Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Engineer Tom Peterson, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA Administrator Hurlburt introduced Item 5)g to the consent agenda. Mayor Seefeldt added discussion of the August 21, 2007 City Council meeting date to the agenda. Councilmember Yehle added discussion of the F-450 maintenance pick-up truck. Councilmember Peterson added discussion of noise disturbances and police protection. Donnette Yehle made a motion to approve the agenda as presented. Dolores Peterson seconded the motion and motion adopted unanimously. CONSENT AGENDA The following consent agenda was presented: a) Minutes of June 19, 2007 Council Meeting and July 10, 2007 Meeting with Planning Commission. b) Treasurer's Report: Beginning Balance 6/01/07 $2,122,027.77 Receipts + 132,128.78 Expenditures 560,784.37 Payroll 17,095.46 - 577,879.83 Adjustments: Duplicate Safe Box + 35.00 Bank Credit + 56.45 Ending Balance 6/29/07 $1,676,368.17 c) Payment of Vouchers. d) Approve Reduction of Letter of Credit for Big Marine Development, LLC (Tii Gavo) to the new amount of$1,214,344.00. e) Approve Payment to Scandia Trucking for Perkins Avenue and Lofton Court Projects in the total amount of$3,300. f) Pay Request #2 to Dresel Contracting for 2007 Street Improvements in the amount of $617,787.28. g) Approve Hiring of Colin Thieme as a Skateboarding Instructor, at the pay rate of $7.50/hour. Dolores Peterson made a motion to approve the consent agenda as presented. Peter Crum seconded the motion and motion adopted unanimously. July 17, 2007 Scandia City Council Page 2 COMMITTEE REPORTS Comprehensive Plan Committee Administrator Hurlburt reported on the selection of a consultant for the Comprehensive Plan update. Nine proposals were submitted by the June 20th deadline. The Comp Plan Committee met on June 25th to evaluate the submissions and selected four firms to interview. A subcommittee of the CPC held interviews on July 10th and came to the unanimous consensus to select CR Planning as the plan consultant. CR Planning proposed a fee of$57,556. The full Comp Plan Committee met on July 16th to confirm this decision and to recommend to the city council to proceed with the process of hiring CR Planning. As Administrator Hurlburt reported, this selection was based on CR Planning's proposal that showed this team to be the most in tune with the future needs of Scandia, and offered a thorough process to set a vision for the next twenty years. CR Planning offered to assist with twenty-one work sessions over the next eleven months with opportunities for public input. Councilmember Harnetty took part in the interview process and stated that all four firms were of good quality,but CR Planning stood out in that they caught the significance of rural character and had a clear process in mind. Mayor Seefeldt added that by calculating their contract cost on an hourly basis, they come out as low as any of the other proposals, given that CR Planning's contract will be all-inclusive, with no add-ons. Mayor Seefeldt also stated that given his past experience with CR Planning's team leader Jean Coleman,he felt very confident that this is an excellent choice. Donnette Yehle made a motion to accept the recommendation of the Comprehensive Plan Committee and designate CR Planning as the city's consultant for the Comprehensive Plan update. Dolores Peterson seconded the motion and motion adopted unanimously. Staff was directed to negotiate a contract with CR Planning, with review by City Attorney Hebert, so that a draft may be presented at the August 7th city council meeting. Sand and Gravel Mine Committee A tour of the Tiller and Dresel mining site was conducted on July 9th in response to alleged violations occurring on these premises. Those in attendance were: Mayor Seefeldt, Councilmember Harnetty, City Attorney Hebert, City Engineer Peterson, City Planner Thompson,Administrator Hurlburt and representatives of both mining companies. It was the consensus of the committee that no action be taken by the city at this time. STAFF REPORTS Police Department Deputy Chris Howard was present to report on police activity. Deputy Howard's last day on Scandia patrol will be August 4th, after which time he will be entering into the Washington County Canine Patrol unit. Deputy Howard thanked the council for their support the last three years and reported that Deputy Majeski has been assigned to Scandia's patrol duty. Mayor Seefeldt extended an appreciation for the wonderful job that Deputy Howard has done through community policing and that he will be greatly missed. In regards to a complaint that Councilmember Peterson received about loud music at Meister's on July 14th, Deputy Howard did patrol the area multiple times that evening and observed that the music had finished by 10:30 p.m. Councilmember Peterson relayed a citizen concern about security during the upcoming Taco Daze celebration. In the past, off-duty officers have been hired by the Lions Club to assist with security in the town area. Staff was July 17, 2007 Scandia City Council Page 3 directed to contact the Lions Club about this year's plans for security arrangements and hours of events for Taco Daze. Fire Department Assistant Fire Chief Steve Yehle reported on the Scandia Fire Department activity over the past month. There were no structure fires and 8-10 medical calls. The Scandia Fire Department recently hosted a Washington County Dive Team exercise at Big Marine Lake that was very well received by all participants. On July 16th, the first phase of the ISO safety testing audit was conducted in which fill and flow rates were evaluated. The rates tested very well. The next phase of the audit is scheduled for mid-August. City Engineer City Engineer Tom Peterson presented the following quotes for crack sealing of streets and the Community Center parking lot: • Astech Corporation -- $18,209 • Allied Blacktop -- $18,950 • Bergman Companies -- $23,500 Engineer Peterson recommended the city accept the quote from Astech. This falls within the estimated range of$16,000 to $20,000. Dolores Peterson made a motion to accept the quote from Astech Corporation for crack sealing of selected streets and the Community Center lot in the amount of$18,209. Peter Crum seconded the motion and motion adopted unanimously. City Administrator Refund Request for 201 Sewer Bill Administrator Hurlburt presented a request from Gary Winter, owner of property located at 18543 Langly Avenue, for a refund of 201 sewer billing that dates back to 1997, the year he purchased the property. The cabin is classified in the Washington County Assessor's database as seasonal, non- homestead. The 201 sewer billing has been incorrectly charging a rate based on full-time, year- round use. Mr. Winter's letter states that the cabin is only occupied on a seasonal basis. A refund of the difference from 1997 to 2006 would be $1,903.38. Council discussed the impact of the user fees to others on the system and how the operating costs could be severely affected, causing a significant increase in future budget and sewer bills if additional requests such as this were also refunded. It was the consensus to correct Mr. Winter's bill for 2007 only. Mayor Seefeldt suggested that 2008 billing should be evaluated in regards to allocation to homeowners, including review of Ordinance 24 pertaining to 201 sewer collection. Donnette Yehle made a motion to correct Gary Winter's 201 sewer billing for 2007 only. Dolores Peterson seconded the motion and motion adopted unanimously. Resolution 07-1 7 07-01 Administrator Hurlburt presented a grant program of the Metropolitan Council in which Scandia is eligible for$15,000 to assist with the Comprehensive Plan update. The grant would be paid in July 17, 2007 Scandia City Council Page 4 two installments, with the final payment distributed when the Met Council acts on the plan, which must conform to requirements in state law. Peter Crum made a motion to adopt Resolution 07- 17-07-01 Identifying the Need for Funding to Complete Its 2008 Comprehensive Plan Update and Authorizing an Application for Grant Funds. Michael Harnetty seconded the motion and motion adopted unanimously. Compensation to Commission Representative Administrator Huriburt presented a request from Mike White, Scandia's representative to the Lakes Area Community Television Commission during the past eight years, for compensation for meeting attendance. In past years, Mr. White was paid $20.00 per meeting. With adoption of the Expense Reimbursement policy on January 2, 2007, no compensation was set for members of advisory committees other than Planning and Parks. Council discussed how this is an ad-hoc position rather than a standing committee, therefore a reimbursement of$20.00 per meeting is appropriate. The rate is consistent with payment to Park Committee members. Dolores Peterson made a motion to compensate the Lakes Area Community Television Commission city representative at a rate of$20.00 per meeting. Peter Crum seconded the motion and motion adopted unanimously. DISCUSSION OF MAINTENANCE TRUCK Councilmember Yehle recommended discussion on the status of the 2006 F-450 maintenance truck. Since its purchase in December 2005, it has not been in regular use. Council discussed the immediate need to replace the 1995 pick-up truck, and that it would be advantageous to sell the F- 450 at this time. Donnette Yehle made a motion to authorize staff to proceed with the sale of the 2006 Ford F-450 truck. Dolores Peterson seconded the motion and motion adopted unanimously. Administrator Huriburt will investigate the means of sale, such as by sealed bids or an on-line auction site. Postings will be run on the League site, in addition to an ad in the legal paper. AUGUST MEETING OF THE CITY COUNCIL Due to an absence of two council members, the August 21, 2007 regular City Council meeting may be lacking a quorum. The meeting will be delayed a week, rescheduled to August 28, 2007. Payment of vouchers will be added to the August 14th Budget Workshop agenda. Donnette Yehle made a motion to adjourn. Dolores Peterson seconded the motion and meeting adjourned at 7:55 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk August 7, 2007 A regular meeting of the Scandia City Council was held on the above date. Mayor Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Councilmembers Peter Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Deputy Clerk Brenda Eklund. A moment of silence was observed in memory of lives lost in the I-35W bridge collapse on August 1, 2007. APPROVAL OF AGENDA Three additions to the agenda were presented. Administrator Hurlburt introduced a request for a reduction in the letter of credit from Big Marine Development and discussion of the sale of the old Seppi flail mower. Councilmember Yehle added an item concerning recognition of the Scandia Fire Department's response to the I-35W bridge collapse. Donnette Yehle made a motion to approve the agenda with additions. Dolores Peterson seconded the motion and motion adopted unanimously. BUILDING INSPECTOR/CODE ENFORCEMENT OFFICIAL STEVE THORP Steve Thorp was introduced to the council as the new full-time Building Inspector/Code Enforcement Official, a position he began on July 30th. Mr. Thorp has been doing inspections and familiarizing himself with the area. Mr. Thorp will be available at council meetings for staff reports as the need arises. CONTRACT WITH CR PLANNING—COMPREHENSIVE PLAN UPDATE The service agreement for professional services with CR Planning was reviewed. The contract details the work plan for the Comprehensive Plan update. City Attorney Hebert has found the contract to be in order. Dolores Peterson made a motion to approve the Service Agreement with CR Planning. Peter Crum seconded the motion and motion adopted unanimously. Discussion of financing the 2007 portion of the total contract amount of$58,000 followed. The contract limits the total billings in 2007 to a maximum of$32,000, with the remaining to be billed in 2008. A Met Council grant in the amount of$15,000 has been applied for, of which $7,500 will be available this year. This leaves $24,500 to be funded in 2007. Administrator Hurlburt recommended the cost of the project be distributed over several funds, as the Comp Plan provides for long-term planning for all city infrastructure and services. Donnette Yehle made a motion to approve funding the 2007 expenditures as follows: $14,700 from the General Fund (60%), $7,350 from the Parks Fund (30%), $2,450 from the Capital Improvement Fund (10%). Dolores Peterson seconded the motion and motion adopted unanimously. QUOTE FOR REPAIR OF 201 SEWER LIFT STATION Replacement of base elbows, check valves and rail systems in the Anderson Erickson Main Lift station located at the end of Norrell Avenue has been recommended by Pete Ganzel, Washington County Senior Environmental Specialist. A quote of$6,231.16 was presented by Tri-State Pump and Control. This work would be paid for out of the fund balance set aside for long-term replacement needs. Dolores Peterson made a motion to accept the quote of$6,231.16 from Tri-State Pump and Control for the Anderson-Erickson Main Lift Station Refurbishment. Dennis Seefeldt seconded the motion and motion adopted unanimously. August 7, 2007 Scandia Council Page 2 SCANDIA SOFTBALL TEMPORARY LIQUOR LICENSE The Softball Association has requested a license for their beer sales during games at the Scandia lighted ball field during Taco Daze. Donnette Yehle made a motion to approve a temporary liquor license to the Softball Association for September 7, 2007 on the condition that proof of insurance is received by the city. Pete Crum seconded the motion and motion adopted unanimously. PARK AND REC TACO DAZE ACTIVITIES Administrator Hurlburt reported on the Park and Rec Committee's plans for Taco Daze events. The committee plans to sponsor a booth displaying information on the development plan for Lilleskogen Park and also drawings for Wind in the Pines Park improvements. The 3rd Annual Dodgeball Tournament is being coordinated by committee members Matt Rasmussen and Dan Skupien. T-shirt prizes will again be awarded to participating teams. The committee plans on using volunteer referees and expect it to be a break-even event. Dolores Peterson made a motion to identify the Taco Daze Tournament as a city-sponsored event run by the Park and Recreation Committee. Donnette Yehle seconded the motion and motion adopted unanimously. LETTER OF CREDIT REDUCTION —BIG MARINE DEVELOPMENT, LLC The developer for the Tii Gavo subdivision has requested a reduction of$350,000 from their Irrevocable Letter of Credit. Public improvements have been on-going at the site and City Engineer Tom Peterson recommends approval of the request. Dolores Peterson made a motion to approve the reduction of the letter of credit being held for public improvements in the Tii Gavo subdivision in the amount of$350,000 (new adjusted Letter of Credit amount of $864,344.00). Michael Harnetty seconded the motion and motion adopted unanimously. SALE OF THE SEPPI MOWER Maintenance staff has received interest in the purchase of the old Seppi offset flail mower. The equipment is in need of repair and no longer in use. Pete Crum made a motion to authorize staff to advertise and sell the mower at the best price offer received by August 24, 2007. Donnette Yehle seconded the motion and motion adopted unanimously. Staff will advertise on the city web site and in the League of MN Cities newsletter and web site. FIRE DEPARTMENT'S RESPONSE TO I-35W BRIDGE COLLAPSE Seven members of the Scandia Fire and Rescue Department responded to the I-35W bridge collapse on August 1st. Councilmember Yehle expressed her happiness in the department's ability to respond to this tragedy. Yehle would like to see the department commended for the time and effort given forth by the volunteer responders. Staff was directed to put together an official commendation for the August 28th council meeting. The Planning Commission meeting was called to order at 7:32 p.m. The following members were present: Chairman Chris Ness, Christine Maefsky, James Malmquist, Kevin Nickelson, Peter Schwarz and City Planner Richard Thompson. August 7, 2007 Scandia City Council Page 3 VARIANCE—ROBERT TEN EYCK Jennifer Cates, Cates Fine Homes, has applied for a variance to allow for a two-story accessory structure(2,130 square feet in area) for the Robert TenEyck residence at 13500 182"d Street. Mr. TenEyck presented his proposal for the building to serve as a garage/storage area in the lower level with office/exercise space above. Mr. TenEyck felt the design and placement of the building has low impact to the surrounding neighbors and environment. He considered it a hardship that he is unable to add onto his principle home due to its location and architectural style. Planner Thompson presented his report. The 3.7 acre size of Mr. TenEyck's property limits the accessory structure to 2,000 square feet. There is adequate site on the property to construct a one- story 2,000 square foot building without a variance. Therefore, the Planners find that there is not a hardship due to the unique circumstances of the property. As the proposed structure has approximately the same size building footprint of the principle structure with a separate driveway, it has the appearance of a second primary structure in comparison to the house. This has the potential to alter the essential character of the area. Planner Thompson cited these findings as reason for denial of the variance request. Chairman Ness opened the floor to public comment. Norb Wrobel, adjacent landowner, stated that he has no objections to the structure being built. He felt that a two-story fits well into the lay of the land and the elevation would be equal to the home. Mr. Wrobel commented that a one- story would look like it is sitting in a hole. As there were no additional comments, Chairman Ness closed the hearing to the public. Commissioner Maefsky inquired about the history of not allowing two-story accessory structures. Planner Thompson replied that the adopted zoning code was based on Washington County's standard. City Attorney Hebert explained that it is a general provision of most cities to limit the size to one story. There is past history that shows a higher potential for these buildings to be converted into an accessory apartment, making the use different from the original intent(a zoning violation). Commissioner Schwarz stated that he sees no hardship in this case and that a precedent should not be set. Commisioner Malmquist stated his support of approval because the building fits into the property given the unique location and topography. The nature of the existing structure makes an addition difficult and he sees that each situation needs to be treated by itself. Councilmember Harnetty stated that ordinances are in place for a reason. Variances should only be granted for a hardship, not an inconvenience. He suggested a change to the ordinance would be needed to allow these buildings. Mayor Seefeldt was in agreement to this— the intent is not to set a precedent. To base this variance on"fitting in"is only arbitrary. Commisisoner Nickelson agreed—right now the applicant must follow what is in place. Councilmember Crum sees the council having to interpret what is in place. If the role is policy- making, then a public hearing must occur to change the ordinance. Chairman Ness sees it as a good plan,but the commission should not set a precedent. Michael Harnetty made a motion to accept the recommendation of the Planning Commission to adopt draft Resolution 08-07-07-01 Denying the Variance Request for 13500 182"d Street North. Findings cited: 1) There is adequate space on the site to build a August 7, 2007 Scandia City Council Page 4 one-story accessory structure of 2,000 square feet in size, which would meet the standards of the Zoning Ordinance and for which no variance would be needed. In this manner, the property may be put to reasonable use without a variance. Therefore, a hardship is not present. 2) There are no unique circumstances of the property that would prevent construction of an accessory structure which meets Ordinance standards. It appears that the two-story structure is proposed based on a preferred design; the requested variance is not based on hardship due to unique circumstances of the property. 3) The proposed two- story accessory structure, in its size, massing, and due to its proposed separate driveway, would have the appearance of a second primary structure. This would be out of character with the area. Peter Crum seconded the motion and motion adopted unanimously. VARIANCE—ALLEN & PENNY LEPINSKI Richard Grekoff, West Lake Builders, has applied for a variance to allow construction of a new single family home, to replace an existing cabin, at 12614 l 82nd Street North located on Big Marine Lake for property owners Allen and Penny Lepinski. Variances are needed for setback from the OHW, front yard setback, maximum impervious surface area,minimum lot size, road frontage and buildable area. Mr. Grekoff presented the request by stating that the Lepinski's are trying to build within the footprint of the cabin. A pervious paver system will be used to lower the percentage of surface coverage. Planner Thompson presented his report. An argument for hardship is typical to these small lake lots that were established prior to any zoning codes being in place. The practice has been to grant these requests so that reasonable use of the property is met. The question of the impervious surface area was addressed. As the applicant proposes moving the current driveway in order to meet the 25%maximum, it was unclear to the planners that the neighboring owners were agreeable to this. Therefore the planners recommended denial of the variance to allow impervious surface coverage in excess of 25% of the lot, reasoning that the house could be downsized. Chairman Ness opened the floor to public comment. Dan Bever, 12610 182nd Street, stated his approval of the variance. He and three other landowners are in agreement to moving the shared driveway. There is an existing recorded easement in place that allows property owners to maintain the vacated road as driveway access. Administrator Hurlburt stated that moving the driveway appears to be removing the hard surface from Lepinski's to the Brown's, therefore having a potential surface impact onto the Brown's lot. An alternative would be to leave the existing driveway, allow an overage to the impervious surface coverage, and require the use of pervious pavers in the construction of the driveway connection to the home. All were in agreement to this proposal. In discussion on placement of the house, Chairman Ness was against having the house encroach two feet closer to the lake. He felt that new construction should improve on lake setback. Commissioner Nickelson countered that two large oak trees would need to be taken out in order August 7, 2007 Scandia City Council Page 5 to meet this, and neighboring houses are already closer than the proposed setback. City Attorney Hebert verified with Lepinski that there will be adequate room across the road for a sewage treatment system with both primary and secondary capacities. Councilmember Yehle addressed the Car-Mar-St. Croix Watershed's comments in which lake setback is seen as insufficient on this lot— should new construction be mandated to improve on lake setback. The sizable structure could be reduced, therefore also improving on surface coverage. Mayor Seefeldt stated that the soil conditions of the driveway site should be evaluated before classifying it as permeable. It may be necessary to remove the soil and replace it with a permeable type. Dolores Peterson made a motion to accept the recommendation of the Planning Commission to adopt in concept draft Resolution 08-07-07-02 with the following changes: 1) Strike Condition #1, as the current driveway will remain as is; 2) Add Condition #1 that installation of pervious pavers will be required; 3) Add Condition #11 stating that there shall be no disturbance of grade within a five-foot radius of the two roadside oak trees. This variance does permit excess of 25% impervious lot coverage. Dennis Seefeldt seconded the motion and amended it to state that 1) soil borings must guarantee permeable soil in the driveway area; 2) erosion control by way of silt fence must be installed during the construction process. Motion adopted unanimously. A final resolution incorporating these changes will be presented to the council at the August 28, 2007 meeting. VARIANCE—PAT REICHERTS Pat Reicherts, has applied for a variance to construct a second monument business sign at 19261 Manning Trail, The Big Marine Lake Store. Mr. Reicherts presented his case stating that he does not want to attach a business sign to the storefront in keeping with the architectural style of a 1900's building. The proposed sign is to identify a second business operating out of the upper level of the building. Planner Thompson presented his report finding no hardship in this case. There are no unique circumstances of the property that cause need for a second monument sign. Options available that do not require a variance include reconfiguring the existing monument sign to accommodate new signage or to post signage on the exterior of the building. Chairman Ness opened the floor to public comment. Betty Sterbentz, adjoining property owner, stated her opposition to the variance request as one sign should be adequate and an additional sign would take away the rural atmosphere of the area. As there were no other comments, Chairman Ness closed the hearing. Discussion among the commission centered on the fact that Mr. Reicherts' Conditional Use Permit for operation of the store and gas station does not allow for the mortgage company business. Mr. Reicherts was advised to apply for a CUP amendment changing the conditions of the original CUP. The Planning Commission adopted a motion to postpone action on the variance application until which time the CUP amendment can be applied for and acted upon. August 7, 2007 Scandia City Council Page 6 Applicant Reicherts agreed to waive the 60-day review period to indefinitely postpone a decision on the variance application. MINING ORDINANCE HEARING, CONTINUED The public hearing of draft Ordinance 103 was continued from the July 10th meeting. Planner Thompson reviewed the changes made in response to comments received. The latest version includes new language addressing berms and their allowed uses, the need for monitoring wells, deleting references to de-watering, adding detail regarding subwatershed maps, defining operator responsibility for dust control and disposal of wood material and debris, definitions, setbacks for asphalt plants, timing of reclamation, and escrow amounts for administrating the permit and abatement for dust and other nuisances. Larry Engstrom, 14040 185th Street, stated that he would like to see the gravel haulers have the responsibility of dust control rather than the pit owners. Administrator Hurlburt replied that it would be nearly impossible to enforce the users to control dust as there can be multiple haulers each day. Mr. Engstrom also stated that he would like to see a limit of trucks traveling into and out of the pits, as currently there may be a truck every 5-8 minutes. Paul Hand, 13961 185th Street, asked how the noise created by trucks that engine-brake can be monitored. Mr. Hand was told that the current ordinance prohibiting engine braking can be enforced by a call to the Sherriff's department. Mr. Hand also would like to see clarification to the section on dust control. Mark Engstrom, Oakgreen Avenue, asked how the future blacktopping of 185th Street will be affected by the truck traffic. Mayor Seefeldt responded that the design of the road will be engineered to handle the weight of the trucks and road maintenance will not be a cost to the residents of that road. Fred Heinonen, 13277 Lakamaga Trail, asked what benefit is there to the city to allow mining into the groundwater. Planner Thompson stated that it supplies a more economical supply within the locale, with no need to disturb another site. Groundwater mining is an accepted practice and can be allowed with conditions if prudent to do so — the city is not closing the door on it. Mike Caron, Tiller Corporation, stated that the deposits in Scandia may not warrant the equipment investment necessary to undertake mining below the water table. Chairman Chris Ness closed the hearing to public comments. Mayor Seefeldt addressed concerns relating to berm setback, screening and site clearance. It was agreed to add language that will establish berm setbacks of 20 feet unless otherwise approved by the city. The screening and site clearance issues can be handled as part of the Conditional Use and Annual Operators Permit process. Dolores Peterson made a motion to accept the recommendation of the Planning Commission to approve draft ordinance 103 with amendments as presented by the planners and to direct preparation of the fmal mining ordinance to be presented for adoption at the August 28, 2007 council meeting. Pete Crum seconded the motion and motion adopted unanimously. DISCUSSION OF BUILDING HEIGHT The discussion of building height was continued from the previous meeting. The current definition is difficult to interpret and different from the definition in the State Building Code. August 7, 2007 Scandia City Council Page 7 Consensus was to simplify the language by narrowing it to two methods in use by other cities and to apply the measurement to real-life examples. A draft ordinance will be brought to the September Planning Commission meeting for review. DISCUSSION OF CHURCH ARCHITECTURE Discussion of the architecture of churches was continued from the previous Planning Commission meeting, in anticipation of Willowbrook Church's expected development application. Consensus was that the plans should reflect the rural community character. The architect for Willowbrook Church has requested an informal discussion with a sub-committee. This meeting is scheduled for August 16` at 2:00 p.m. It will be posted as a Planning Commission meeting that may be attended by a quorum of commissioners. Councilmembers Yehle and Peterson expressed an interest in attending. Pete Crum made a motion to adjourn the meeting. Dolores Peterson seconded the motion and meeting adjourned at 10:25 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk 4 a) August 14, 2007 A special meeting of the Scandia City Council was held on the above date. Mayor Dennis Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Dolores Peterson, Donnette Yehle and Mayor Dennis Seefeldt. Councilmember Peter Crum arrived at 7:15. Councilmember Michael Harnetty was absent. Staff present: Administrator Anne Hurlburt, Treasurer Colleen Firkus, City Attorney Dave Hebert and Assistant Fire Chief Steve Yehle. Also present: Park and Recreation Committee member Mike Goeken. PAYMENT OF VOUCHERS Mayor Seefeldt noted the addition of four items to the list of vouchers for payment. Donnette Yehle, seconded by Dolores Peterson, moved to approve payment of vouchers. The motion passed unanimously. Dennis Seefeldt, seconded by Dolores Peterson, moved to approve Pay Request#3 and Final to Peterson Excavating for the Olsen-Sandgren-Hawkinson Storm Sewer Improvements in the amount of$6,168.72. The motion passed unanimously. Dolores Peterson, seconded by Donnette Yehle, moved to approve Pay Request#3 to Dresel Contracting for the 2007 Street Improvements in the amount of$92,165.20. The motion passed unanimously. Dolores Peterson, seconded by Dennis Seefeldt, moved to approve Pay Request#1 and Final to Astech for the 2007 Crack Sealing Project in the amount of$18,209.00. The motion passed unanimously. REVIEW OF DRAFT 2008 OPERATING BUDGET AND DRAFT 2008-2012 CAPITAL IMPROVEMENT PROGRAM (CIP) Administrator Hurlburt gave an overview of the draft budget materials. She described the changes proposed in the structure of city funds and departments. The schedule for developing a budget and September 15 deadline for setting the maximum property tax levy was discussed. The draft CIP, developed with input from the Capital Improvement Committee,has been incorporated into the budget for the Council's discussion. The major recommendations of the committee, including establishing a new Equipment Replacement Fund, were reviewed. Summaries of revenues and expenditures were discussed. The history of the tax levy, and what would be required to fund all of the proposals for 2008, were discussed. Hurlburt explained that staff is still working on forecasting fund balances for the end of 2007, and enough information is not yet available to estimate impacts of the tax levy on individual property owners. More information will be available late this month in time for the next budget meeting. Draft expenditure budgets for each fund and department were reviewed with discussion on many line items. August 14, 2007 Scandia City Council Special Meeting Page 2 Steve Yehle reported that the Fire Department has revised their budget proposal as follows: decreasing the city match to the fire relief fund (account 325) from $75,000 to $50,000 and delaying the request for a fire chief's car(550, CIP Project # F-004A) to 2009. The study on Civil Defense Sirens (CIP Project #F-009) should be changed to reflect that the study(no cost) is currently underway and money for adding new sirens should be included instead. He reported that the Relief Association is now 92% funded. Prior to the next meeting, staff was requested to prepare the following information: • Revise the expenditure budgets for the debt service funds and double-check debt service levy. • List of recent major projects affecting fund balances. • Comparison of tax rates with surrounding communities. • A list of expenditure cuts that could be made to achieve a tax levy increase of less than 10%. DATES FOR NEXT BUDGET WORK SESSIONS The following special meetings were set to continue discussion of the budget: • Wednesday, August 29, 2007, 3:30 p.m. • Tuesday, September 11, 2007, 7:00 p.m. The meeting adjourned at 10:05 p.m. Respectfully submitted, Anne Hurlburt City of Scandia Administrator/Clerk h) VI CANDI S A. City of Scandia Treasurer's Report July 31, 2007 Beginning Balance 7/01/07 1,675,930.37 Receipts 970,468.58 Expenditures 740,343.34 Payroll 42,146.20 -782,489.54 Adjustments: Ending Balance 7/31/07 1,863,909.41 Submitted by: Colleen Firkus, Treasurer Treasurer's Report 'c irtommini 2007 CASH BALANCES AT END OF MONTH FUND JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY 101 GENERAL 151,058 66,365 42,008 32,104 -7,980 -18,782 79,844 201 ROAD & BRIDGE 25,156 1,378 -8,097 -24,659 -38,680 -52,024 163,104 202 FIRE 10,036 -66,872 -72,645 -75,897 -80,129 -84,997 -62,335 203 POLICE 51,968 54,163 10,489 10,489 10,489 10,229 53,499 204 PARK 30,921 23,910 22,436 21,625 21,580 20,182 43,119 205 COMMUNITY CTR 29,909 24,251 22,438 11,333 8,667 -2,771 10,666 207 WATERSHED -1,345 -1,337 -1,337 -1,337 -1,337 -1,337 7,083 208 UPTOWN SEWER 25,898 26,070 26,058 26,058 25,807 25,784 44,356 302 BLACKTOP 482,333 297,013 297,013 297,013 297,013 297,013 315,114 304 BLACKTOP 277,263 276,203 277,127 277,127 277,127 278,051 376,822 307 BLACKTOP -180,909 -195,787 -256,483 -259,655 1,119,416 710,617 208,598 310 FIRE HALL BOND 166,229 171,741 171,741 149,224 148,821_ 148,821 198,642 403 CAPITAL IMPR 188,604 195,008 195,008 195,008 195,008 195,008 219,919 404 PARK CAP IMPR 7,469 7,612 3,812 3,571 3,571 3,571 45,571 602 201 SEWER 111,004 110,114 109,936 109,749 116,081 131,216 133,809 801 ESCROW 15,000 15,000 22,000 25,000 26,300 16,300 27,050 TOTAL CASH BALANCE 1,390,595 1,004,832 861,504 796,751 2,121,754 1,676,880 1,864,859 Meeting Date: 8/28/2007 Agenda Item: : � /, ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a utility permit for Frontier Communications for replacing a buried telephone service wire at 12080 Lakamaga Trail. Deadline/ Timeline: N/A Background: • Ordinance #39, as amended by ordinance#42, requires utility companies to secure a permit from the City prior to installation of utilities in public rights-of-way. • City Engineer Tom Peterson has reviewed the application and has recommended approval. • Permit fees have been paid. Recommendation: Staff recommends that the Council approve the permit. Attachments/ • Permit application Materials provided: Contact(s): Frontier Communications 651 257-3151 Tom Peterson, Bonestroo 651 604-4868 Prepared by: Anne Hurlburt, Administrator (utility permit frontier) Page 1 of 1 08/17/07 RECEIVED UTILITY PERMIT 2,gzg• 2:4,s G 3 s z AUG 3 2007 APPLICATION CITY OF SCANDIA CITY OF SCANDIA 14727 209th Street North, PO Box 128, Scandia, MN 55073 651/433-2274 Facsimile Machine 651/433-5112 Application is hereby made for permission to place, construct and thereafter maintain the following: FEE: S50.00 Project Address(if known) 120$o LAK/4/•.14 GA • Legal Description(attach if necessary) Property ID Number Type of Utility—General Description tE/L,9 6c..A, -tn. JG 5 v, eC L...1 LA( Contractor Name Address City State Zip Phone Z9Rt .GG// f Wl[ 3 Loc.) itiVerc Miv SJ�9 S Z/872.3329 W X 16r/i s GC",G4.� c F1u Describe Work and Submit Two(2) Copies of all Plans: Start date: Completion date: . 13 o1 / Z.3/ 07 I hereby certify that I have read and will comply with all of requirements of the Scandia Development Code that apply to the activity for which I am seeking permit approval. The granting of this permit in no way permits acts which may be prohibited by other governmental agencies. if'9.01 /o 574 a igC/f--nr e 4 c/1.Sof60 c,tY .,,,) SSo/3 Signature of Applicant Date (,S/•LJ 7.3/s/ Fq), 65 - Z S 7-33 9 7 FOR OFFICE USE ONLY Fee Paid: PAID AUG 13 Z001 r CITYpFDIA Approved by: r "es\ Da If0 a• Aar — , 'I1.' Tl�r ‘V'hj +, l ''• z 2401h Sr. N "\�12e01n Sf7 N .+m..� . --- 240th --- ST j ;iriRr ,A ".I P141"141„ N _ I-'-A F 2351n N. -+ BOg1, a S!0 3 2 1 • 1 6 5 ,(yMe� 4 L. 3 2 © I 6 ( . "';1 .. 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Fi r r , I I' 10 1 op" II / BURIED DROP DATA SHEET Faxed to Contra Supervisor • Ron Winebarger(851)257.1109 General Information:To be completed By Originator Date Customers Telepliene I Customer Name Exc sne (V.-2 C-6 7 y3 3- 9/.26 7 _ ��azc,'s 4ic 4 S C�,� - Street 1 Street City APPo fa„rI.sm.na 1,26'd L.a iq N1 7( / L5c-t/2Gtz t New DrOp t tity Replace al Temp Placed Need Errant Permit Require. �Y ?� N Y N Y X N , Y� N Y IC N ).CC ____N 1 ,if b�/� r+e Son Faetaps Sore T>lpe XY N )O/ ..�Drwy Townroed Hwy Sidewalk Estlrnelsd� , l�e■d f ��f 30�VDORA411T Pair speed at Term 3 _ _ �N Technician Name: . //7 Technician Tele phone Number: PLEASE COMfL!TE T FOLLOWING INFORMATION Nearest iniereedtng Reed Nome: 10a,D[w e l/ detenea and Direction from Nearest intervecdng Road:. W y�.rl..- Street Name: County: YU K ;PI °h Township: Range. �� Circle One: Map Township Unincorporated Section • .� cosy: Known Utilities: Buried Power: Y N Cable TV: Y N Natural Gas:X N Other: Y _N Specify: Location S • Drawing _ C4u Ile A/ ' '-'<.--_ ( /N v154B(C �} iCNCG Y ILioc cs- a t"•-.. .- _ 44 I 30l Lq ,CCIrl'i 9 I Z 31 ' ---I Derr a rim.RemisedTO BE COMPLETED BY CWi1TRACTORI UNDER Estimated Bury DubDale&Am Piscine Time Ownerb Act ml Palo Mom Fooheo Pad aY Culovw Camp Y N Cwbwir QoplCutowr Not Placed a �DRY Cempl. y hy iO 39dd 00 VIQNdOS RTRF,PCbTCQ CC •or ,nn, ire inn Meeting Date: 8/28/2007 Agenda Item: (Y. City Council Agenda Report City of Scandia 14727 209`h St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: None—information only. Deadline/ Timeline: N/A Background: • Monthly reports on calls and citations issued are received from the Washington County Sheriff's office. • Deputy Chris Majesky will be present at the City Council Meeting to answer any questions that the Council may have concerning police protection for the City. Recommendation: N/A Attachments/ • Citations by city report, 7/01/07 to 7/31/07 Materials provided: • Contract ICR's report, 7/01/07 to 7/31/07 Contact(s): Prepared by: Anne Hurlburt, Administrator (sheriff report) Page 1 of 1 08/01/07 ALCOPFR$ PF Citations by City Rpt QIJS Page 1 8/01/07 5:26:57 Washington County Sheriff's Office CITATIONS BY CITY REPORT City Selected: SCANDIA From Date: 7/01/2007 To: 7/31/2007 SCANDIA Offense offense Location Citation # Date Time 7/01/2007 1558 BONE LAKE B57396 Statute 86B 30 1 BOAT W/0 VALID LIC/DECALS 7/04/2007 1800 11800 BLOCK MAYBERRY TR SW368407 Statute 169 34 14 PARKING VIOL 7/04/2007 1800 11800 BLOCK MAYBERRY TR Sw368408 Statute 169 34 14 PARKING VIOL 7/06/2007 0300 185TH & LANGLEY AV Sw369397 Statute 169 79 FDCR 7/07/2007 2246 ST CROIX TR & HWY 97 SW373194 Statute 169 14 1 INATTENTIVE DRIVING 7/07/2007 0000 SQUARE LAKE BEACH SW373506 Statute 609 72 1 DISORDERLY CONDUCT 7/09/2007 0250 OAKHILL RD & OXBORO SW358877 Statute 169 14 2A3 SPEED 67/55 7/12/2007 0207 MANNING.TR.N/MAYBERG.AV.N Sw370039 Statute 171 11 WRONG ADDRESS ON DL 7/16/2007 1825 BIG MARINE LK SW373480 Statute 84 82 1A OPERATE UNREG SNOWMOBILE 7/20/2007 2059 SCANDIA TR / LOFTON AV SW374067 Statute 169 79 8 FDCR JUN 07 7/21/2007 2107 11100 BLK SCANDIA TR SW374068 Statute 169A 33 62 UNDER 21-NOT A DROP 7/21/2007 2107 11100 BLK SCANDIA TR SW374069 Statute 340A 503 MINOR CONSUMPTION 7/25/2007 1031 ST CROIX TR / 22700 BLK Sw374070 Statute 169 14 2A(3) SPEED 74/55 7/27/2007 0745 SCANDIA TR / MEADOW BROOK AV Sw369976 Statute 169 14 2A(3) SPEED 74/55 7/27/2007 1005 ST CROIX TR / 23600 BLK SW369977 Statute 169 14 2A(3) SPEED 74/55 PF Citations by City Rpt QIJS Page 2 8/01/07 5:26:57 Washington County Sheriff's Office Page 1 ALCOPFR$ CITATIONS BY CITY REPORT City Selected: SCANDIA From Date: 7/01/2007 To: 7/31/2007 Offense Offense Location Citation # Date Time 7/28/2007 1649 MAYBERRY ACCESS SW374071 Statute 169 34 814 PARK IN POSTED NO PARKING 7/28/2007 1649 MAYBERRY TR ACCESS SW374072 Statute 169 34 14 PARK IN POSTED NO PARKING 7/28/2007 1649 MAYBERRY TR ACCESS SW374073 Statute 169 34 14 PARK IN POSTED NO PARKING 7/28/2007 1744 SCANDIA TR/ 14300 BLK SW374074 Statute 169 14 2A(3) SPEED 63/50 7/28/2007 2140 SCANDIA TR / MANNING TR SW375252 Statute 169 79 EXP TABS (FEB '07) 7/29/2007 1825 SCANDIA TR / 13300 BLK Sw375247 Statute 169 14 2A(3) SPEED 73/55 Total for City: SCANDIA 21 ** END OF REPORT ** Page 2 PRT CONTRACT ICR REPORT CJBWPFR$ QIJS Page 1 8/01/07 5:26: 57 Washington County sheriff's Office CONTRACT ICR'S Contract Report for SCANDIA For the Period 7/01/07 To 7/31/07 Date Time ICR # ID# Street Name Complaint 7/01/07 16:02:44 107020855 1250 BONE LAKE WATERCRAFT VIOLATION 7/02/07 0:04:32 107020901 0137 LOFTON AV 10-52 7/02/07 9: 50:10 107020931 0175 182ND ST MEDICAL 7/02/07 10:30:24 107020945 0175 OLINDA TR REQUEST FOR EXTRA PATROL ***E 7/02/07 10: 53:00 107020954 0175 MEADOWBROOK AV BURN COMPLAINT 7/02/07 17:06:17 107021035 0121 OLINDA TR CHECK FRAUD REPORT *SCA 7/02/07 20:03:02 107021058 0195 LOFTON CT VERBAL DISPUTE 7/02/07 21:48:09 107021066 0195 MANNING TR GAS DRIVE OFF 7/03/07 5: 56:44 107021085 0190 SCANDIA TR RECKLESS DRIVER 7/03/07 14:12:55 107021168 0112 195TH ST ALARM 7/03/07 14:19:07 107021169 0100 SCANDIA TR OFFICER INFO 7/03/07 14:22:22 107021171 0112 MANNING TR TRAFFIC HAZARD 7/03/07 15:20:46 107021178 0190 SCANDIA TR W/W NO HEADLIGHTS DURING INC. 7/03/07 15:26:59 107021179 0190 SCANDIA TR W/W SPEED 7/03/07 15:35:04 107021180 0190 SCANDIA TR W/W LOUD EXHAUST 7/03/07 22 :21:19 107021226 0195 OLINDA TR HORSE IN ROAD 7/03/07 22:24:38 107021227 0195 POMROY AV FIREWORKS COMPLAINT/CHECK THE 7/04/07 0:30:00 107021247 0190 205TH ST NOISE DISTURBANCE 7/04/07 8:07:26 107021269 0131 MANNING TR TRESSPASSING 7/04/07 9:04:26 107021274 0131 MANNING TR GAS DRIVE OFF 7/04/07 12:43:36 107021304 0131 SCANDIA TR VEH LOKCOUT 7/04/07 16:27: 58 107021352 0195 MANNING TR DK DRIVER 7/04/07 18:07:07 107021363 0195 MAYBERRY TR 7/04/07 18:07:12 107021364 0195 MAYBERRY TR 7/04/07 18:26:26 107021368 0100 SCANDIA TR POSS DK DRIVER *TRANSFE 7/04/07 21:25:02 107021389 0195 OLINDA LN FOUND DOGS 7/04/07 23: 56: 56 107021414 0190 MAXWILL AV POSS BURGLARY 7/05/07 4:43:12 107021426 0190 MEADOWBROOK AV POSS DK DRIVER 7/05/07 11:20: 59 107021460 0190 LARKSPUR AV MEDICAL 7/05/07 11:50: 55 107021467 0190 ST CROIX TR FRAUD REPORT 7/05/07 13:12:51 107021474 0190 189TH ST MEDICAL 7/05/07 17:23:38 107021500 0195 MANNING TR GAS DRIVE OFF 7/06/07 0:03:05 107021529 0136 BIG MARINE LAKE EXTRA PATROL REQUEST 7/06/07 3:11:49 107021535 0136 185TH ST CITE-FDCR/NO PARKING POSTED 7/06/07 16:13:28 107021601 0190 MANNING TR GAS DRIVE OFF 7/06/07 16: 57:10 107021605 0190 ST CROIX TR THEFT REPORT 7/06/07 18:07:45 107021613 0184 ST CROIX TR 10-50 7/06/07 19:34:03 107021622 0190 MANNING TR GAS DRIVE OFF 7/06/07 19:36: 56 107021623 0190 MANNING TR GAS DRIVE OFF 7/06/07 21:05:32 107021634 0190 OLINDA TR DIRECTED PATROL-SPEED-25 MINS/ 7/07/07 9:19:16 107021662 0112 MAXWILL AV THEFT REPORT 7/07/07 13:30:43 107021682 0110 MAYBERRY TR LOST WALLET REPORT 7/07/07 14:53:24 107021692 0100 OLINDA TR DRIVING COMPLAINT 7/07/07 16: 50:11 107021722 0110 BIG MARINE LAKE JUV COMPLAINT 7/07/07 20:46:42 107021750 0100 ST CROIX TR PROPERTY DAMAGE ACCIDENT 7/07/07 23:33:32 107021766 0136 209TH ST FIREWORKS COMPLAINT 7/07/07 23:38: 54 107021769 0137 LAYTON AV FIREWORKS COMPLAINT 7/08/07 1: 54:04 107021773 0137 OZARK AV DK FEMALE 7/08/07 9: 50:30 107021790 0110 SCANDIA TR INFORMATIONAL 7/08/07 11:52:28 107021798 0110 LARKSPUR AV MEDICAL 7/08/07 14:36:55 107021816 0110 OLAND AV AUD ALARM 7/08/07 15:42: 52 107021837 0152 220TH ST POWER LINES DOWN PRT CONTRACT ICR REPORT QIJS Page 2 8/01/07 5:26:57 Page 1 CJBWPFR$ Washington County Sheriff's Office CONTRACT ICR's Contract Report for SCANDIA For the Period 7/01/07 To 7/31/07 Date Time ICR # ID# Street Name Complaint 7/09/07 1: 56: 56 107021878 0190 220TH ST TREE BLOCKING ROADWAY 7/09/07 2:49:03 107021880 0190 OAKHILL RD CITE SPEED 67/55 7/09/07 15:13: 57 107021945 0195 BIG MARINE LAKE FOUND KEYS/21 REQUEST 7/09/07 18:05:00 107021961 0100 LAKAMAGA TR FIRE DEPARTMENT TRAINING 7/09/07 18:07:43 107021963 0100 223RD ST VERBAL DISPUTE 7/09/07 19:24:23 107021970 0153 185TH ST ATV COMPLAINT 7/10/07 2:21:45 107021998 0149 HWY 97 WARRANT ARREST MIS. CITE DAR/ 7/10/07 3:09:17 107022001 0149 HWY 97 CITE # SW373147 DAR/SPEED 66/5 7/10/07 6:20:20 107022009 0149 OLINDA TR ALARM 7/10/07 7: 59:46 107022015 0112 OLAND AV BURG ALARM 7/10/07 8:34:29 107022026 0112 OZARK AV ALARM 7/10/07 10:47:14 107022051 0171 OLINDA TR MEDICAL 7/10/07 11:04:10 107022053 0171 195TH ST ALARM 7/10/07 12:20:23 107022059 0112 LOFTON AV SOLICITOR COMPLAINT 7/10/07 15:56:38 107022078 0134 MORGAN AV FRAUD ACTIVITY 7/10/07 22:14:12 107022114 0127 NORELL AV PUBLIC WORKS ASSIST 7/11/07 7:04:10 107022134 0112 MANNING TR ANIMAL CONCERN 7/11/07 15:15:01 107022225 0156 SCANDIA TR SQD 1708 TOW 7/11/07 20:03:50 107022247 0127 MANNING TR UNDERAGE TOBACCO 7/12/07 1:27:27 107022269 0190 MANNING TR WARRANT ARREST 7/12/07 14:47:00 107022332 0156 195TH ST AUD. ALARM. 7/13/07 9:16:47 107022407 0110 OLINDA LN ALARM **CANCELLED 7/13/07 9:49:29 107022423 0110 SCANDIA TR AOA/TRAFFIC STOP 7/13/07 13:30:57 107022452 0110 ST CROIX TR ALARM **CANCELLED 7/13/07 16:00: 51 107022481 0156 238TH ST EXTRA PATROL REQUEST 7/13/07 22:16: 55 107022507 0111 COPUS LANDING DK MALE 7/14/07 8:46:01 107022539 0175 MANNING TR GAS DRIVE OFF 7/14/07 11:06:56 107022559 0175 OZARK AV MEDICAL 7/14/07 15:38:34 107022585 0139 BIG MARINE LAKE WATERCRAFT VIOLATION 7/14/07 18:05:18 107022603 0156 MANNING TR MOTORCYCYLE VS DEER 7/14/07 18:43:33 107022609 0126 OLINDA TR LOOSE HORSES 7/14/07 19:43:50 107022616 0156 OAKHILL RD CIVIL ASSIST/MISSING PERSON 7/14/07 22:29:44 107022633 0126 OLINDA TR MEDICAL 7/15/07 11: 51:06 107022690 0175 MANNING TR GAS DRIVE OFF 7/15/07 12:47:07 107022694 0175 ST CROIX TR ANIMAL COMPLAINT 7/15/07 13:09:00 107022695 0175 OLINDA TR ALARM 7/15/07 14:00:03 107022708 0175 MANNING TR GAS DRIVE OFF 7/15/07 17:13:45 107022727 0165 MANNING TR GAS DRIVE OFF 7/16/07 11:18:40 107022779 0175 MARGO AV 911 CALL 7/16/07 12:04:06 107022785 0175 MANNING TR WARRANT 7/16/07 15:37:04 107022802 0100 SCANDIA TR THEFT FROM VEHICLE 7/16/07 18:26:37 107022826 0154 BIG MARINE PARK SNOWMOBILE VIOLATION 7/17/07 9:18:40 107022885 0175 OLINDA TR ALARM 7/17/07 9:27:35 107022887 0181 223RD ST AGENCY ASSIST-SEARCH WARRANT I 7/17/07 21:01:53 107022962 0156 209TH ST CITY COUNCIL MEETING 7/18/07 14:42:40 107023049 0156 OAKHILL RD 911 CALL 7/18/07 22:17:20 107023090 0195 QUINT Av CHECK THE AREA 7/19/07 9:27:30 107023120 MAYBERRY TR RECEIPT# 070000775 7/19/07 18:26:37 107023183 0191 MANNING TR GAS DRIVEOFF 7/19/07 20:40:31 107023194 0191 213TH ST VEHICLE LOCKOUT 7/20/07 11:49:48 107023304 0110 QUALITY TR CIVIL ISSUE *21 REQUEST 7/20/07 17:08:39 107023381 0156 195TH ST AUD. ALARM PRT CONTRACT ICR REPORT QIJS Page 3 8/01/07 5:26:57 Washington County Sheriff's Office CONTRACT ICR's Page 2 CJBWPFR$ Contract Report for SCANDIA For the Period 7/01/07 To 7/31/07 Date Time ICR # ID# Street Name Complaint 7/20/07 21:05:03 107023402 0156 SCANDIA TR TRAFFIC-CITE SW374067 FDCR JUN 7/20/07 21:48:03 107023411 0156 LANGLY AV JUV COMPLAINT 7/21/07 2:10:29 107023429 0190 OLINDA TR 4TH DEG ASSAULT/B CARD VIOL/GM 7/21/07 4:19:24 107023421 0190 OLINDA TR IOD 7/21/07 7:15:17 107023438 0110 OLINDA TR 911 HANG UP 7/21/07 11: 53:52 107023462 0110 ODELL AV BURG/PANIC ALARM 7/21/07 12:18: 58 107023463 0110 LOFTON AV DRIVING COMPLAINT 7/21/07 16: 58:54 107023494 0134 MANNING TR WW 91391 SPEED 7/21/07 17:15:07 107023497 0156 OLINDA TR GUN SHOTS 7/21/07 21:40:39 107023537 0156 SCANDIA TR TRAFFIC-CITE SW374068 UNDER 21 7/22/07 6:21: 52 107023569 0149 OLINDA LN CHECK THE ADDRESS 7/22/07 22:35:07 107023633 0126 PICKETT AV POSS GUNSHOTS 7/23/07 9:12:37 107023657 0175 MELANIE TR MEDICAL 7/23/07 12:15:30 107023688 0100 PARKVIEW AV OFFICERS INFO 7/24/07 9:31:20 107023814 QUINLAN AV WARRANT / FL / T307014515 7/24/07 20:04:14 107023907 0165 OZARK CT AUD ALARM 7/25/07 8:03:25 107023946 0114 MANNING TR MAN W/WARRANT 7/25/07 10:40:23 107023992 0156 ST CROIX TR TRAFFIC-CITE SW374070 REDUCED 7/25/07 13:48:51 107024033 0120 POMROY AV SEARCH WARRANT - OUTDOOR MARIJ 7/26/07 3:28:06 107024090 0149 PARKVIEW AV HARASSING COMMUNICATIONS REPOR 7/26/07 7:06:22 107024099 0175 OLINDA TR AUDIBLE ALARM 7/26/07 10:07:48 107024133 0156 SCANDIA TR HIT AND RUN/21 REQUEST 7/26/07 14:58:46 107024159 0156 OXBORO AV VANDALISM REPORT 7/26/07 20:55:44 107024192 0195 205TH ST CT AUD ALARM 7/26/07 23:16:17 107024201 0100 205TH ST RES INTRUSION ALARM 7/27/07 7: 54:28 107024223 0112 SCANDIA TR CITE#SW369976-SPEED 74/55 7/27/07 10:15:23 107024233 0112 ST CROIX TR CITE#SW369977-SPEED 74/55 7/27/07 12:22:34 107024245 0112 OAKHILL RD SUS PERSON 7/27/07 12: 50:30 107024256 0112 OLINDA TR ALARM 7/27/07 12:58:03 107024258 0121 SCANDIA TR DK DRIVER 7/27/07 12:58:03 107407674 0121 SCANDIA TR DK DRIVER 7/28/07 13:08:30 107024368 0110 LAYTON AV ORDINANCE QUESTIONS 7/28/07 16:52:39 107024394 0156 MAYBERRY ACCESS CITE SW374071 PARK IN POSTED N 7/28/07 16:57:35 107024396 0156 MAYBERRY TR CITE SW374072 PARK IN POSTED N 7/28/07 17:03:12 107024397 0156 MAYBERRY TR CITE SW374073 PARK IN POSTED N 7/28/07 17:50:37 107024406 0156 SCANDIA TR TRAFFIC-CITE SW374074 SPEED 63 7/28/07 21:25:53 107024423 0100 SCANDIA TR NOISE COMPLAINT **CANCELLE 7/28/07 21:47:18 107024426 0134 SCANDIA TR EXPIRED TABS FEB '07 CIT 5W375 7/29/07 1:17:23 107024450 0123 205TH ST AUD ALARM 7/29/07 11:36:32 107024475 0110 BONE LAKE BOAT FIRE 7/29/07 12:59:26 107024479 0110 MANNING TR GAS DRIVE OFF 7/29/07 15:38: 51 107024493 1250 BIG MARINE LAKE CHECK WELFARE 7/29/07 17:00:37 107024504 1250 BIG MARINE LAKE WATERCRAFT VIOLATION 7/29/07 18:14:48 107024512 0134 SCANDIA TR W/W91394 SPEED 7/29/07 18:30:35 107024514 0134 SCANDIA TR SPEED 73/55 CIT SW375247 7/29/07 21:01:16 107024531 0134 205TH ST 911 CALL/SUSP MALE RE: 7/30/07 1:29:40 107024546 0136 OAKHILL CT MEDICAL 7/30/07 13:04:55 107024624 OLINDA TR WARRANT / WCSO / K307003305 7/30/07 17:24:28 107024647 0184 MANNING TR GAS DRIVEOFF 7/30/07 17:33:40 107024649 0127 MEADOWBROOK AV MEDICAL 7/31/07 10:26:47 107024724 0184 205TH ST AUDIBLE ALARM 7/31/07 11:19:13 107024739 0184 LOFTON AV DRIVING COMPLAINT PRT CONTRACT ICR REPORT QIJS Page 4 Washington County Sheriff's Office 8/01/07 5:26:57 CONTRACT ICR's Contract Report for SCANDIA For the Period 7/01/07 To 7/31/07 Page 3 CJBWPFR$ Date Time ICR # ID# Street Name Complaint 7/31/07 16:15:36 107024791 0184 MANNING TR GAS DRIVE OFF 7/31/07 20:34:23 107024809 0134 185TH ST DISTURBANCE Total ICRs Processed: 158 ** END OF REPORT ** Page 4 Meeting Date: 8/28/2007 Agenda Item: ) i) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the sale of the 2006 F-450 four-wheel drive truck with dump body and plow. The Council may also wish to consider using the proceeds from this sale to replace the 1995 GMC pickup and snowplow. Deadline/ Timeline: Advertisement requested offers by 4:00 p.m. on Thursday, August 23. Background: • At the July regular meeting, the Council directed staff to advertise the truck for sale. Ads were placed with the Minnesota League of Cities (LMC) publications,the city's web site, and the Craigslist and Commercial Truck Trader websites. The listed price was $32,000 or best offer received by 4:00 pm on Thursday, August 23. • The dealer from whom this truck was purchased (Elk River Ford) offered $26,000 in trade-in value on a 2008 Ford F-350 diesel pickup with snow plow (which is what is needed to replace the 1995 GMC pickup.) • In order to equal the value of the proposed trade-in, the city would need to realize $27,690 from a sale (because of additional sales tax that would be paid on the new truck.) • Two offers were received by the deadline, as follows: * City of Otsego, MN $32,500.00 * Turning Leaf Landscapes (Prior Lake MN) $29,777.99 • The offer from the City of Otsego is contingent upon approval by their City Council, which is meeting on Monday evening. Recommendation: Staff recommends that the Council accept the offer from the City of Otsego ($32,500.) If the Otsego City Council fails to approve the purchase, the offer from Turning Leaf Landscapes should be accepted. The Council may also wish to consider whether or not to purchase the new F-350 truck at this time. The 1995 GMC is scheduled to be replaced next year, but the funds from the sale of the F-450 would allow us to do so now,before winter. The new truck is priced at $28,980 including the snow plow. The prices quoted are good until the end of August. Page 1 of 2 08/24/07 Attachments/ • Offers Materials provided: • Quote from Elk River Ford for 2008 F-3550 pickup and snow plow Contact(s): Prepared by: Anne Hurlburt, Administrator (f450truck) Page 2 of 2 08/24/07 08-23-2007 14:32 FROM-CITY OF OTSEGO +763-441-8823 7-713 P.002/002 F-001 \--IL. CITY OF OTSEGO8899 Nashua Avenue N.E. • Otsego,MN 55330 (763) 441-4414 •Fax: (763) 441-8823 ON THE GREAT RIVER ROAD E-mail:cityhall©ci.otsego.mn.us August 23,2007 City of Scandia 14727 209th St. N. Scandia Mn 55073 Dear Ms. Hurlburt, Pending City Council approval on August 27, 2007, we are offering $32,500 for the purchase of a 2006 Ford F450 dump truck from the City of Scandia. As explained in the phone conversation with Brad Belair, the Public Works Committee has approved the recommendation; however, it needs City Council approval. Thank you for considering our bid. Sincerely, Mike Robertson City Administrator Page l of 1 Anne Hurlburt From: Dave Beer [dbeer@goturningleaf.com] Sent: Thursday, August 23, 2007 3:50 PM To: 'Anne Hurlbur Cc: dbeer@goturningleaf,com Subject: RE: F450 -Bid David Beer Turning Leaf Landscapes 4439 coachman lane Prior Lake,MN.55372 952-393-5296 I would like to place a bid of 29,777.99 Thanks, Dave Beer From: Anne Hurlburt [mailto:a.hurlburt@ci.scandia.mn.us] Sent: Thursday, August 23, 2007 9:32 AM To: dbeer©goturningleaf.com Subject: RE: F450 As long as you include all the relevant information, I think we can accept a bid by e-mail. I would like enough information so I know that you would be prepared to follow through on the purchase, where you are, what company(if any)you represent, etc. Anne Hurlburt, Administrator City of Scandia 14727 209th Street North Scandia, Minnesota 55073 651 433-2274 Fax: 651 433-5112 Cell: 651 746-4080 a.hurIburt(c ci.scandia.mn.us http://ci.scandia.mn.us From: Dave Beer [mailto:dbeer@goturningleaf.com] Sent: Wednesday, August 22, 2007 4:32 PM To: a.hurlburt@ci.scandia.mn.us Subject: F450 Hello Anne: Is an e-mail bid sufficient? Thank you, Dave Beer 8/23/2007 JUL-25-200T 01:48PMA FROM-ELK RIVER +7632T43338 T-247 P.001/002 F-421 LA \ O °i)/d vaV ‘°°2�0 ,�� ELK RIVER,JY$.. 1 / 'THE LAST OF THE LITTLE G FORD 0000€ JEEP 17219 Hwy . 10 N . W . Box 304 Elk River , MN 55330 Date:_ - -- -e0 FAX Number of Pages including cover sheet: r To: From: Fleet Department ci;-L, ,i-zijel.-_. Phone: Phone: �S r 3� _�OyWaik Turner: 7, -274-3319 Ray McArthur:763-274-3308 ax Phone:A2r L/ 3 f Fax. Phone: CC: _ 763-274-3338 Email: , Fleet @ elkriverforddodgejeep•com Remarks: ❑ Urgent or your review n Reply ASAP o Please Comment r AIIIMMIIIIIPIIMIM. NNW i , Y delallrofift .... A ...,, ,IJIIIIIMIllIllPr.AIIIIIMIWAMIMIIIIIIIII,..immmimm YAIIIMIIIMIIIIMIIIIIII Equal Opportunity Employer and Affirmative Action Dealership JUL-25-2007 01:40PM FROM-ELK RIVER FORD SALES +7632/43338 T-Z4? P UUL/WC -4CI ".i-- - Au _cONTRACT. # ____ .______ _ _____. _. ___ -,-43-66-10 :ustomer Name: Date: -- -7---- 7--e7 7 Year I Make Model Engine Transmission ?.0081 r FORD F-350 4X4 5.4L V8 _ AUTOMATIC Wheel Base Cab to Axle Color Tires _ ---------._ - LT265-70R-17E 137" ALL TERRAIN TREAD ---- .. __ ________„_,,•.,,......,.._____•,...-...—p•—•^—.• --.,. r2M-8750 1415674,,(4;§iffW1 bV1Y AG u EAR-cAg WITH..8:FOOT:130X;.SEM.'',F31."1____ _ — Special Bid Price: I ;M:;$1.9i9.03.7.7d Inclutons ___ 40/20/40 VINYL BENCH SEAT 0,12 72 TRAILER TOW PREP GROUP AM/FM STEREO RADIO WITH CLOCK LIMITED SLIP DIFFERENTIAL XL TRIM PACKAGE - 10100# GVWR AIR CONDITIONING ENGINE BLOCK HEATER DAYTIME RUNNING LIGHTS - SPARE TIRE AND WHEEL_ CRUISE CONTROL 1-7..f,-;)ii-- TILT STEERINGE ------ LECTR(----5N FLY _ CLASS V TRAILER HITCH RECEIVER SKID PLATES Available Options at Net BLACK RUNNING BOARDS $256.00 s ROOF CLEARANCE LIGHTS $44.00 TRAILER TOW MIRRORS $100.00 . - UPFITTER SWITCHES • $68.00 TOW COMMAND PACKAGE (INCLUDES TRAILER TOW MIRRORS) _ $284.00 _____ _ AM/FM STEREO WITH CD $220.00 SNOW PLOW PREP GROUP $68.00 4 _ jjlecA,LL__ 5 4 7.0 Retail Price: ••mmommml VIM•INIMil Less Fleet Discount: - je/-aitit-TV-d-4 Vsg..01 Net Price: - ' .- diAZZ, dze-ead- ERF FLEET DEPARTMENT . a,P_ 6C-/-02z.; /.4%, If 1 I 1 / 9/ gO3J 77 t2 oof raco V)(Li 1 '' 3� o1_0Q ya zo yo d <r 5.e0-,1--lil _. !' g0 , CO S;'t_ i f/c(.4eS 11 / ?-o t -0'0 •-A T 5-ke v 1 11 1! 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Art I1/44, 9 cp Vlem e 605-71--- V_________________ 111 a qK0 , -77 AUG. 1. 2007 10: " 1AM TRUCK UTILITIES NO. 429 F, 1 , UTILITIES INC. 2370 English Street at Highway 36 St. Paul, Minnesota 55109 - 2098 (651) 484-3305 Fax: (651) 484-0076 August 1,2007 City of Scandia Attm John Fax: 651-433-5112 We are pleased to quote the following for a 2008 Ford pickup: ONE(1) 1]INTKER 8' STRAIGHT BLADE SNOWPLOW Cutting Edge: 3/8"x 6"high carbon steel Moldboard: 30"high, 12 ga. steel 6 reinforcement ribs 2 compression trip springs Power source: Electric hydraulic pump Lights: Halogen with"plug in"style head light connections Mounting: Quick Hitch hook up system Controls: Compact Joystick controller 1-1/2"x 10"angle rams Mounted complete Net Price Per State Bid: $3817.00 Plus applicable tax Option: Rubber deflector $ 200.00 Please call if I may be of further help, lam, Lcudteutk., Wendy Laughter Commercial Sales Manager Your truck equipment specialists www.truckutilities.com AUG-22-2007 08:51AMI FRONT-ELK RIVER FORD SALES +7632743338 T-513 P 001/001 F-064 LKRIB THE LAST OF THE LITTLE GUYS" FORD•DODGE•JEEP 17219 Hwy . 10 N . W . Box 304 Elk River , MN 55330 Date: FAX Number of Pages including cover sheet: / To: From: Fleet Department Phone: Phone: 65/— 9 75/#f 7 de Turner: 763-274-3319 Ray McArthur:763 274-3308 Fax Phone: 67 /3 _ 57/ Fax Phone: CC: 763-274-3338 Email: Fleet @ elkriverforddodge j eep.corn Remarks: a Urgent Ator your review Reply ASAP 0 Please Comrnent rd" �.l_ _� �J te . i Agr 27z- / , / /or Equal Opportunit Employer and Affirmative Action Dealership Meeting Date: 8/28/2007 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Approve the sale of the old Seppi offset flail mower. Deadline/ Timeline: Offers were due at 4:00 p.m. on Friday, August 24. Background: • At the August 7 meeting, the Council authorized staff to advertise an old flail mower attachment for sale. The mower was advertised on the city web site, and in League of Minnesota Cities publications and web site. • One offer was received at the time of writing this report: $411.00 from Keith Hucker. Recommendation: I recommend that, unless a better offer is received by the deadline, that the city sell the mower to Keith Hucker for$411.00. Attachments/ • Offer from Keith Hucker Materials provided: Contact(s): John Morrison, Maintenance Supervisor Prepared by: Anne Hurlburt, Administrator (mower sale) Page 1 of 1 08/24/07 oo sc g 5 t 14-0 y- 6 0 z_ RECEIVED AUG 2 -1 2007 CITY OF SCANDIA Meeting Date: 8/28/2007 Agenda Item: &) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Set the dates for the 2008 Truth in Taxation & Levy Adoption Hearings. Deadline/ Timeline: Dates must be certified to Washington County by September 15. Background: • The city is required to hold a Truth in Taxation (T in T) public hearing prior to holding a hearing on adoption of the 2008 tax levy. A date between November 29 and December 13 must be selected for the initial hearing, and a continuation date must be selected at least 5 but no more than 14 business days after the initial hearing. Continuation hearings cannot be held later than December 20. The final levy must be adopted at a date subsequent to the initial hearing, and must be announced at the initial hearing. • Initial hearing dates for the county, school districts and special taxing districts are reserved first by state law, and cannot be used by cities. The first and third Mondays of December(December 3 and December 10) are reserved for cities. • Hearings must be held after 5:00 p.m. unless they are held on a Saturday. Hearings may not be held on a Sunday. • If the Council wishes to hold the adoption hearing on for the 2008 tax levy at the December 18 regular meeting, there are two possible(weekday) options for the initial T in T hearing: December 3 or December 10. If December 3 is selected, the continuation hearing could be held on December 10, 11, 12 or 13. If December 10 is selected for the initial hearing, the continuation hearing would have to be held on December 17. (The continuation hearing may be cancelled if the Council decides it is not needed.) • Any other dates for the initial hearing would require a special meeting to be held for the levy adoption hearing, sometime between December 19 and 27. Recommendation: Staff recommends that the Council select dates for the hearings. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (t in t and levy hearing dates) Page 1 of 1 08/23/07 Meeting Date: 8/28/2007 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt the following items to enact the new Mining Ordinance: • Ordinance#103, Mining and Related Activities Regulations • Resolution No. 08-28-07-01 Approving the Title and Summary of the City of Scandia Mining and Related Activities Ordinance. Deadline/ Timeline: N/A Background: • Following completion of the public hearing on August 7, 2007, the Planning Commission recommended that the Council adopt the new mining regulations which have been under review since early this year. All of the changes recommended by the Commission have been incorporated into the ordinance in final form for adoption. • The City Attorney has prepared a summary, which may be published instead of the full text in order to reduce costs. The Council should review the summary, and adopt the resolution approving it. A 4/5 vote of he Council is required. Recommendation: Staff recommends approval. Attachments/ • Ordinance No. 103 Materials provided: • Draft Resolution No. 08-28-07-01, approving summary publication of Ordinance No. 103 • Title and Summary, Ordinance No. 103 Contact(s): Richard Thompson, TKDA 651 292-4474 David Hebert, City Attorney 651 464-3397 Prepared by: Anne Hurlburt, Administrator (mining ordinance adoption) Page 1 of 1 08/16/07 CITY OF SCANDIA ORDINANCE NO. 103 AN ORDINANCE ADOPTING A NEW CHAPTER 4 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO THE REGULATION OF MINING AND RELATED ACTIVITIES The City Council of the City of Scandia hereby ordains as follows: Section 1. A new Chapter 4 entitled Mining and Related Activities Regulations is hereby adopted and added to the Development Code of the City of Scandia as hereinafter stated. CITY OF SCANDIA DEVELOPMENT CODE CHAPTER 4 MINING AND RELATED ACTIVITIES REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE 1 SECTION 2. APPLICATION OF CHAPTER 2 SECTION 3. GENERAL PROVISIONS 2 SECTION 4. DEFINITIONS 3 SECTION S. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5 SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(A OP) 8 SECTION 7. OPERATING CONDITION 9 SECTION 8. RECLAMATION 17 SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 19 SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 21 SECTION 11. TERMINATION OF PERMIT 21 SECTION 12. EFFECTUATION 22 SECTION 13 REPEALER 22 Ordinance No. 103 MINING AND RELATED ACTIVITIES Gravel and other mineral deposits are a valuable resource, available in generous quantities in the City of Scandia. This Chapter was developed to establish conditions whereby these mineral deposits, primarily gravel, will be made available for general use. This Chapter also provides guidelines protecting natural resources and adjacent areas from adverse impacts and for restoring the land to a usable, attractive condition after the mining operation is finished. This mining regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 394. SECTION 1. INTENT AND PURPOSE 1.1 Purpose. This Chapter is adopted for the purposes of: (1.) Providing for the health, welfare, and safety of the community by regulating the removal of sand, rock, soil, and other natural deposits in the City of Scandia. (2) Providing for the economic availability, removal and processing of sand, gravel, rock, soil, and other materials vital to the economic well-being of the region. (3) Establishing regulations, safeguards and controls regarding noise, dust, odors, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or other property. (4) Establishing regulations, policies and processes to protect the quality and quantity of groundwater in Scandia and its environs. (5) Reducing the potential for pollution caused by wind, soil erosion and sedimentation. (6) Establishing locations, orderly approval processes and operating conditions under which mining operations will be allowed and establishing conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns. (7) Ensuring compliance with the regulations established in this ordinance on those mining operations presently operating in Scandia. (8) Meeting the goals and policies of the Scandia Comprehensive Plan. 2 Ordinance No. 103 SECTION 2. APPLICATION OF CHAPTER 2.1 Application. (1) This Chapter applies to land uses within the City of Scandia. Where this Chapter imposes a greater restriction upon the land than is imposed or required by other existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control. SECTION 3. GENERAL PROVISIONS 3.1 A Conditional Use Permit (CUP) and an Annual Operators Permit (AOP) are required for all mining operations and are subject to the following: (1) The operation of a mining operation without a valid Conditional Use Permit (CUP) or an Annual Operators Permit (AOP) is declared to be a nuisance, and it shall be unlawful for any person, partnership, company or corporation to engage in mining in violation of this section, or for any property owner to permit mining of the property owner's property in violation of this section. (2) Existing operators holding a Conditional Use Permit from Washington County may operate under the terms and conditions of the Washington County CUP until its expiration date or until 90 days after this Chapter is adopted, whichever occurs later. If a complete permit application is not submitted within 90 days after this Chapter is adopted, all mining operations shall cease and the property restored in accordance with the provisions of the approved reclamation plan. (3) For new mining operations, the Applicant must apply for a Conditional Use Permit pursuant to Section 5 of this Chapter. In cases where a mandatory or discretionary EAW is required, or an EIS is required, those documents shall be prepared and accepted by the City before application for a CUP. (4) In order for the City to grant a Conditional Use Permit for a new mining operation or the expansion or change in use of an existing operation, all of the following criteria must be met: (A) The property, which may consist of more than one parcel with more than one owner, is at least 40 contiguous acres in size. (B) The standards for approval of a conditional use permit as contained in Chapter One, Section 7, of the Scandia Development Code are met; (C) The operation is consistent with the Scandia Comprehensive Plan; and (D) All provisions of this Chapter are met. 3 Ordinance No. 103 (5) Asphalt operations or concrete ready-mix plants, either portable or permanent, and any new operations or existing operations that are substantially expanding or changing must have a Conditional Use Permit from the City of Scandia. (6) The standards which apply to these permits may be varied by the City according to the structure and size of the operation, and to factors presented by the mine operator and other interested parties. (7) Prior to the issuance of the Annual Operators Permit, an annual report and application shall be submitted to the City for determination if the operation complies with the requirements of this Chapter. The City will then make an inspection and deliver an inspection report to the operator. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. SECTION 4. DEFINITIONS 4.1 For the purpose of these regulations, certain terms and words are hereby defined as follows: (other terms are defined in the Zoning and Subdivision Chapters) (1) Add.-Rock. Rock or rock material imported to a gravel site to blend with quarried rock to obtain a desired rock product. (2) Asphalt Plant..- Machinery, either temporary or permanent, used for blending and making aggregate materials with oil based materials to create hot or cold asphalt products. (3) Berm. An earthen structure not less than 6 feet in height designed to provide screening of mining operations from public roads and neighboring properties. (4) Bond. Any form of security including a cash deposit, surety bond, collateral, or instrument of credit in an amount and form satisfactory to the City of Scandia. All bonds shall be approved by the City of Scandia wherever a bond is required by these regulations. (5) Concrete Ready-Mix Plant. Machinery used to mix materials (usually cement, sand, or aggregate) and water to create concrete for commercial sales. (6) Confined Aquifer. An aquifer that is overlain and underlain by relatively impermeable layers or beds of rock or unconsolidated material (clay/silt) and contains water under pressure. (7) Dewatering. The pumping, extraction or removal of subsurface water. 4 Ordinance No. 103 (8) Grading. The removal, depositing, or moving of more than 50 cubic yards of sand, gravel, rock, soil, clay or other deposits in less than a one (1) year period on any parcel. (9) Groundwater. Water contained below the ground surface in the saturated zone. (10) Holiday. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (11) Mining. The excavation, removal, storage or processing of sand, gravel, rock, soil, clay, or other deposits. Mining shall not include the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material for the following purposes: (A) Excavation for the foundation, cellar, or basement of some pending structure for which a permit has been issued and which is to be erected immediately following the excavation, removal or storage. (B) On-site construction of approved roads, sewer lines, storm sewers, water mains, surface water drainage approved by the local unit of government, agriculture or conservation purposes, sod removal, or other public utilities. (C) Landscaping purposes on a lot used or to be used as a building site. (D) Grading/excavation of less than one(1) acre of land in conjunction with improvement of a site for lot development, providing activities will be completed in one year. (12) Mining Season. The period, not to exceed one year, contained within any calendar year. (13) Operator. A person, partnership, company, corporation or other business entity engaged in or proposing to conduct a mining operation. In the event the operator is not the fee owner of the land to be mined, then the fee owner's consent shall be required for the Conditional Use Permit (CUP). (14) Organic Soil. Soil that sustains and facilitates healthy plant growth. (15) Overburden. Those materials which lie above the mineral deposit to be mined. (16) Processing. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt, and other similar products. (17) Reclamation, Restoration, Rehabilitation. To renew land to a self-sustaining, long term use which is compatible with contiguous land uses and which process shall include the reestablishment of vegetation, soil stability and establishment of safe 5 Ordinance No. 103 conditions appropriate to the intended use of the land in accordance with the City's Comprehensive Plan and the Conditional Use Permit conditions allowing for excavation and/or processing on the site. (18) Stockpiling. Storage of processed or raw materials on the site of the sand, gravel or rock operation. (19) Topsoil. That portion of the overburden which lies within the "A" and "B" horizon of soil closest to the surface and which supports the growth of vegetation. (20) Unconfined Aquifer. An aquifer that is not naturally protected by an overlying confining bed or layer and the water level is at atmospheric pressure. SECTION 5. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5.1 The application for a Conditional Use Permit for a mining operation must be filed with the City. The City shall follow procedures prescribed in Chapter One, Section 7, Conditional Uses, of the City Development Code. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined. 5.2 The application shall contain the following: (1) The name and address of the operator and owner of the land. (2) An accurate legal description of the property where the mining shall occur. (3) Names and addresses of the adjacent landowners including all those within a one- half(1/2) mile of the perimeter of the property being or to be mined. (4) A narrative outlining the type of material to be excavated, mode of operation, estimate of amount of material to be removed, plans for blasting, estimated time to complete the removal, and other pertinent information to explain the request in detail. (5) All fees and escrow amounts as established by the City Council. (6) Survey indicating property boundaries. (7) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation with operating setbacks described in Section 7, topographic data, including contours at 2 foot vertical intervals. Water courses, wetlands, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Interpolated contour data from U.S.G.S. Quadrangle maps is not permitted. 6 Ordinance No. 103 (8) A general location map and aerial photo showing the proposed mining site in relation to the community. (9) Maps and Plans showing the following for the site and within 300 feet of the perimeter of the mine: (A) Roads or streets showing all access routes between the property and the nearest arterial road, identifying name, right-of-way width and traveled portion width. (B) Easements Plan with widths and purpose. (C) Natural land features showing locations of watercourses and drainageways, flood elevation, wetlands, sinks, basins, and wooded areas. (D) Natural Resources including other surface water, groundwater depth, flora, fauna, and any other natural features in the rural environment. (E) Man-made features such as buildings and other structures, dams, dikes, and impoundments of water. (F) Adjacent land features with all of the requirements included above within 300 feet of the perimeter of the mine, and all platted subdivision lots, metes and bounds parcels, and homes within 1/4 mile of the property boundaries. Wells should include private/agriculture, industrial, municipal wells within a 1/2 mile radius of the mine. (G) A minimum of 1 cross-section for every 1000 feet running north/south and east/west, showing the extent of overburden, extent of sand and gravel deposits, the groundwater level (even if they are below the base of the proposed mine floor), and any evidence of the groundwater level in the past. Additional cross sections may be required at the discretion of the City. (H) All processing areas and boundaries shown to scale. (I) All access roads within the site to processing and mining areas shown to scale. (J) Sequences or phases of operation showing approximate areas involved shown to scale and serially numbered with a description of each. (K) Location of screening berms shown to scale, and notes provided indicating when they will be used as reclamation material. In the same manner overburden storage areas must be identified and noted. (L) Fences and gates—, and their type or construction described and illustrated. 7 Ordinance No. 103 (M) Proposed location of principal service or processing buildings or enclosures,: as well as location of settling basins and process water ponds. (N) Existing site drainage features and flow directions indicated. A plan for handling surface drainage during operation and after final reclamation, consistent with local surface water management plans. (0) A plan for groundwater quality protection to include a minimum of 3 borings showing depth to groundwater. The City may require additional borings if necessary. (P) All mining operations must install one monitoring well. If the proposed mining operation will appropriate ground water for use in mining operations, the operator shall install not less than one monitoring well down-gradient of the mining operation. If the proposed mining operation will include mining into the water table, not less than two monitoring wells shall be installed one up-gradient and one down-gradient of the mine. (Q) If lighting is proposed, a plan for lighting of the area must be provided. The plan must comply with all City ordinances pertaining to lighting. (R) Reclamation plan in conformance with Section 8_ (S) If blasting is proposed as part of the mining operation, the operator must indicate frequency, timing, size, duration and develop a blasting plan. (T) A description of any processing operations including, washing, crushing, recycling and bituminous plants and concrete ready mix plants. (U) Any other information, reports, or studies the City deems necessary for purposes of evaluating environmental or aesthetic impacts. 5.3 The applicant (application) must comply with all rules of the Minnesota Environmental Quality Board Environmental Review Program. 5.4 A mandatory Environmental Assessment Worksheet shall be required for development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level. The City shall be the responsible governmental unit for the preparation of an Environmental Assessment Worksheet. (Chapter M.S. 4410.4300 Subpart 12.) The City may require an Environmental Assessment Worksheet if available evidence indicates that the proposed operation may have the potential for significant environmental effects. 8 Ordinance No. 103 5.5 A mandatory Environmental Impact Statement shall be required for the development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals, which will excavate 160 acres of land or more to a mean depth of 10 feet or more during its existence. The City shall be the responsible governmental unit for the preparation of an Environmental Impact Statement. (Chapter M.S. 4410.4400 Subpart 9.) 5.6 Protection of Groundwater. The maximum depth of excavation shall be established so that groundwater quality and quantity are protected. This depth of excavation shall be established by the City and will be based, in part, upon soil characteristics, depth to groundwater, nature of mining proposed, and local use of the aquifer. Mining shall not be allowed in confined aquifers. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the permit. Dewatering for the purposes of mining shall not be allowed. If it is determined in the course of mining that the mining operation has negatively impacted a well by lowering yields or water quality, the operator of the mine shall be responsible for providing a new well for the property. No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding properties or any other water body, wetland, or groundwater dependent natural resources. 5.7 Permits from the Minnesota Pollution Control Agency will be required for a mining operation in relation to air, noise, and water quality where applicable. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water from gravel washing, a State Disposal System permit or a National Pollution Discharge Elimination (NPDES) permit may be necessary from the Minnesota Pollution Control Agency. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.8 Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed that affects public waters. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.9 A surface water protection plan to address on-going monitoring; accident response and remediation shall be required. Surface water protection plans must include subwatershed maps delineating all drainage areas that drain to or through the property as well as for the property itself. 5.10 Any mining operation having access from a State, County, or local highway or street must obtain an access permit from the respective agency or the City. Turn lanes and/or bypass lanes may be required by the respective agency or the City to reduce the risk of traffic safety hazards. The cost of construction of turn or bypass lanes shall be the sole expense of the operator. 5.11 Abandoned wells must be sealed in accordance with State and County requirements. 9 Ordinance No. 103 SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(AOP) 6.1 The application for an Annual Operators Permit (AOP) for a mining operation must be filed with the City. The application must be made in the name(s) of the operator of the mine and must be filed by January 31 st of each year.,- 6.2 The application shall contain the following: (1) The operator shall submit an Annual Report that summarizes the operating conditions regulated by Section 7. The Annual Report shall summarize the annual activity for the amount of material removed from the site, amount of add-rock brought onto the site, area reclaimed and type of reclamation, average number of trips hauling material to and from the site per day for the season, any changes made to the site, and other conditions specific to the Conditional Use Permit. (2) The AOP Application shall identify how the operating conditions for the coming year will vary from the previous year, if any variation is expected. The AOP Application shall include a site plan and aerial photos that show the active mining area and the location of existing and planned stockpiles for the coming year. The AOP Application shall describe reclamation to occur and describe the operating conditions planned for the coming year. (3) The City shall inspect the site annually during normal operating times. The inspection shall determine if the operation complies with the Conditional Use Permit. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. 10 Ordinance No. 103 SECTION 7. OPERATING CONDITIONS 7.1 Operating Conditions. The following operating conditions and standards must be met for all mining operations. (1) Setbacks. No mining, stockpiling or land disturbance with the exception of screening, shall take place within: (A) 50 feet of adjoining property lines; (B) 200 feet of any existing occupied structures not owned by the operator or owner; (C) 100 feet of any contiguous property subdivided into residential lots of five (5) acres or less, (D) 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this Chapter may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within one mining season as set forth in the approved reclamation plans, and; (E) If two or more mining operations are contiguous to one another, the common boundary may be mined if the City approves the respective restoration plans. (2) Fencing. Where deemed necessary by the City for the protection of the general public, a fence shall be constructed prior to the commencement of the operation enclosing the area authorized by the permit to be mined. Where fencing is required by the City, said fence shall be, at a minimum, a three strand wire fence and the fence shall be posted with warning signs. The City may require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete. (3) Hours of Operation. Those portions of the mining operation consisting of excavating, stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the City.; Mining operations shall not take place on holidays. Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is only permitted with a Certificate of Compliance and with three days notice to the City. In cases of public emergencies, such as road washouts or blockages caused by flooding, adverse weather or other conditions, hours of operation may be extended with the consent of the Mayor, Acting Mayor, or in their absence, the City Administrator. In cases of time constraints on completion of road construction before the end of 11 Ordinance No. 103 the construction season caused by adverse weather conditions and in the cases of major road or highway construction projects which cause substantial inconvenience to the traveling public, hours of operation may be extended with the consent of the Mayor or Acting Mayor, or in the absence of the Mayor or Acting Mayor, the City Administrator. Application for extended hours shall be made at least two (2) days prior to the day or days on which extended hours are requested. The applicant shall furnish such information or documentation as may reasonably be requested to support the application. If extended hours are permitted, operations shall be strictly limited to those hours for which permission is granted. (4) Screening. Where deemed necessary by the City, extracting and processing operations shall be screened or located in such a manner as to minimize the impacts on surrounding properties. To minimize noise, dust, odors, erosion and visual impacts on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated. The following shall serve as the minimum performance standards for screening and may be varied as determined by the City: (A) The screen shall have a total height of not less than six feet and shall consist of one or more of the following types: (1) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of four inches thick. (2) Berms. A berm shall be constructed of earthen materials, and it shall be seeded and mulched as shown on the landscape plan. Plans for berms must be provided that avoid impacts, especially surface water, onto neighboring properties. If berms are constructed of topsoil, they must remain until final reclamation. Berms must have a minimum slope of 3:1 and have a silt fence at the base closest to the public road or neighboring property. The silt fence shall be maintained until vegetation is established, at which time it shall be removed. No haul roads, either temporary or permanent, material stockpiles or other mining-related activities shall occur on the berm. (3) Fences, Solid. A solid fence shall be constructed of wood and shall form a continuous screen. (4) Fences, Open. An open weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form a continuous screen. (5) Planting. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant 12 Ordinance No. 103 materials combined with deciduous plants provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. The Screening Plan shall be prepared by a licensed landscape architect. Required screening shall be installed prior to commencement of operations. The City may require that either(1), (2), or(3) above shall be installed if, 24 months after commencement of operations in the area to be screened, plant materials have not formed an opaque screen, or if an opaque screen is not maintained. (B) Required screening shall be setback at least 20 feet from: (1) The point of intersection of a vehicular accessway or driveway and a street; (2) The point of intersection of a vehicular accessway or driveway and a sidewalk or trail, and (3) The point of intersection of two or more vehicular accessways, driveways, or streets. (4) An adjoining property line. If a berm is the selected method of screening, the base of the berm shall not be closer than 20 feet of the adjoining property line. (5) Dust Control. The owner must construct, maintain and operate all equipment in such a manner as to minimize on-site and off-site dust conditions. All operations shall meet the standards of the Minnesota Pollution Control Agency. (A) Access Roads.The driveway access to the sand and gravel operation must be setback at least 50 feet from neighboring property lines. The owner, as part of the Conditional Use Permit, must prepare a dust control plan. The operator shall maintain all ways and roads within the site to minimize dust conditions by providing such surfacing or other treatment as may be deemed necessary by the City. The treatment shall produce no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless, non- oiled surface not less than twenty-two (22) feet wide from the connection to a public road to a point within one hundred (100) feet of the loading area. The City may require a blacktopped access road if deemed necessary. (B) Public Roads. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. In the event that earth materials are deposited on the public road, the mine operator shall be responsible for clean-up. If the mining 13 Ordinance No. 103 operation does not access onto a paved road, the operator shall be responsible for dust control, including application of calcium chloride or other dust retardant. (6) Noise. All equipment and other sources of noise must operate so as to be in accordance with Federal, State and City noise standards. A noise mitigation plan shall be prepared by the mine operator and provided to the City. (7) Depth of Excavation. The maximum depth of excavation will be regulated based on groundwater protection and/or the ability to restore the property. Dewatering for the purposes of mining shall not be allowed. (8) Site Clearance. All stumps and other debris resulting from the excavation or related activities shall be disposed of by approved methods. The mine plan must address the disposal of stumps, trees, or other debris. (9) Appearance/Condition. The operator must maintain buildings, processing plants and equipment in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public rights-of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the Conditional Use Permit. (10) Sanitary Facilities. Sanitary facilities through an approved septic system or portable facilities shall be provided. (11) Waste Disposal. Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with Federal, State and City requirements. (12) Water Quality Monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until one year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the granting of an Annual Operators Permit (AOP). More frequent monitoring and sampling may be required by the City. Sampling and testing shall be done by an independent testing laboratory or an agency chosen by the City. Monitoring wells shall be sealed one year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples shall be required to be analyzed to determine the level of petroleum products and hydrocarbons. Testing for other contaminates directly related to the mining operation may be required by the City. (13) Fuel and Chemical Storage. Any mining operation and related activities must meet Federal, State and City requirements for storage of fuels. The mining operator must prepare a Pollution Prevention Plan and submit it to the City. 14 Ordinance No. 103 (14) Contingency Response Plan. The operator shall prepare a Contingency Response Plan (CRP) and employee training to facilitate immediate and remedial response should any accident, release of containment, or other spills occur. The CRP must be on file with the City and its fire department. (15) Added Provisions. The operator must comply with such other requirements that the City, from time to time, may find necessary to adopt for protection of the health, safety, welfare and prevention of nuisances in the area. (16) Processing. Any mining operation in which processing is proposed must meet the following performance standards: (A) A Conditional Use Permit or an amendment to an existing Conditional Use Permit is required for any new or existing mining operation which desires to add processing equipment on-site, except as provided in (C) below. (B) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. (C) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than fifteen (15) working days a calendar year, excluding time for assembly and disassembly) shall apply for a Certificate of Compliance and meet the following criteria: (1) Only materials removed on site are allowed to be processed except recycled material and add rock materials. No materials may be hauled onto the property for processing, unless all material can be processed during the fifteen (15) day time period. No more than 50%of the material shall be recycled material or add rock on an annual basis. (2) Setbacks as outlined in Section 7.1 (1) must be met. (3) All Federal, State and City air, water and noise standards must be met. (4) Processing shall not take place more than fifteen (15) working days per year. (5) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (D) Operators desiring to have permanent processing equipment (more than fifteen {15} days per year) on site must meet the following standards: 15 Ordinance No. 103 (1) All Federal, State and City air and water quality, and noise standards must be met. (2) Processing equipment must be screened from view from other property and from public roads. (3) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (4) Setback requirements as set forth in Section 7.1 (1) of this Chapter must be met. (E) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or in proximity to the subject road, will be allowed subject to the following conditions: (I) All Federal, State and City air, water and noise quality standards must be met. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located so as to minimize its effect on surrounding property owners. (4) The processing plant shall not be on the property for more than 120 calendar days. (5) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (6) A bond or other financial guarantee, in an amount determined by the City, must be posted to assure restoration of the site. (17) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions: (A) Recycling in conjunction with a specific road project and within the right- of-way or proximity to the subject road, shall be permitted for a maximum of 120 days subject to obtaining a Certificate of Compliance and to the following standards: (1) The processing equipment must be located so as to minimize the effect on surrounding property owners. (2) Site selection shall be made as to minimize the effect on the public health, safety and welfare. 16 Ordinance No. 103 (3) All Federal, State and City air, water and noise quality standards must be met. (B) Recycling in conjunction with an approved mining permit shall be allowed as part of an original or amended Conditional Use Permit subject to the following conditions: (1) Applicable Standards contained in Section 7.1 (1) must be met. (2) An estimate of the amount of material to be processed must be submitted. The stockpile of material to be recycled shall be limited to the amount that can reasonably be processed in two consecutive mining seasons. (18) Trucking Operations. All new mining operations must have access to the pit area from a nine (9) ton blacktop, concrete, or gravel road. The operator shall ensure all loads leaving any pit regulated by this Chapter are loaded so as to comply with state law. Trucks shall clean any loose material from the truck including the tires before leaving the operation. (19) Asphalt Plants and Concrete Ready Mix Plants. A Conditional Use Permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. Temporary asphalt plants and concrete ready mix plants may be allowed if the following conditions are met: (A) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards. (1) Asphalt plants and concrete ready mix plants must not be on the property for more than fifteen (15) days per year. (2) All setbacks as set forth in Section 7.1 (1) of this Chapter must be met. (3) All Federal, State and City air, water, noise and odor quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be located in such a manner as to have the least environmental and aesthetic impact. (B) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year) must meet the following standards: 17 Ordinance No. 103 (1) Asphalt operations and concrete ready mix plants established after the effective date of this Chapter must be located on permitted mining sites and maintain a setback of 1,000 feet from the property line. (2) If the asphalt operation was in operation on the effective date of this ordinance, it may expand subject to the setbacks set forth in Section 7.1(1) of this Chapter. (3) All Federal, State, and City air, water, and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact. (C) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact. (4) Site selection shall be made as to minimize the effect on the public health, safety, and welfare. (5) The asphalt plant shall not be on the property for more than one hundred twenty (120) days. (6) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (7) A bond or other financial guarantee, in an amount determined by the City, must be posted to assure restoration of the site. SECTION 8. RECLAMATION 8.1 The applicant must submit a reclamation plan consisting of graphic representation as required in Section 5 along with the written text. The plan must contain the following elements: 18 Ordinance No. 103 (1) Intent of reclamation. (2) Methods and processes of reclamation. (3) Initial condition of mining site. (4) Limits of various operational areas. (5) Phasing and timing of operations and reclamation including areas to be stripped of overburden. (6) Final condition of site, including proposed contours and landscaping. (7) Relation of final site condition to adjoining land forms and drainage features within 1/4 mile. (8) Relation of reclaimed site to planned or established uses of surrounding land. (9) A plan for maintenance of reclaimed area. (10) A detailed cost estimate of reclamation and maintenance. 8.2 Timing. Restoration shall proceed concurrently and proportional to actual mining operations and will be subject to review and approval at each annual inspection and at the end of the permit period. 8.3 Excavations resulting in the accumulation of substantial water areas after reclamation must meet the following requirements: (1) The water depth must not be less than three feet (3') measured from the low water mark, unless a plan for creation of a wetland or marsh has been approved. (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four(4) feet horizontal to one (1) foot vertical. (3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four(4) inches. Sodding or seeding and mulching are also required. Mulch must be properly anchored. (4) Such topsoil as required by Subsection three (3) above shall be planted with trees, shrubs, legumes or grasses; (5) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one (1) foot vertical, except in cases where non-erodible conditions are present and the City approves the reclamation plan. 19 Ordinance No. 103 (6) In man-made groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body with a maximum slope of 6 feet horizontal to 1 foot vertical for at least 100 feet from the proposed shoreline toward the center of the water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may be no steeper than 3 feet horizontal to 1 foot vertical. 8.4 Excavations not resulting in water areas after rehabilitation but which must be graded or backfilled, shall meet the following requirements: (1) Fill shall be inspected and certified as being clean (free of volatile organic compounds, heavy metals, or other contaminants) before being used for reclamation. Organic soil shall be used only for topsoil. (2) Such grading or back-filling shall be made with non-noxious, nonflammable, noncombustible solids; (3) The graded or backfilled area shall not collect or permit stagnant water to remain therein; (4) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area surrounding and which will minimize erosion due to rainfall; (5) Such graded or backfilled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth at least four(4) inches; (6) Such topsoil as required by 7.4 (5) above shall be planted with trees, shrubs, legumes or grasses. (7) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one (1) foot vertical, except in cases where non-erodible conditions are present and the City approves the reclamation plan. (8) All rehabilitation areas which are planned for building purposes shall have a final elevation at least 10 feet above the normal ordinary groundwater level. Plans for on-site septic systems must be considered. If area is backfilled for purposes of future development, the soil must be compacted, and subsequently tested by a registered soils engineer and approved. 8.5 Drainage. Reclamation shall proceed in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural and storm drainage shall not adversely affect public roads or neighboring uses. 8.6 Cover and Planting. The reclamation area shall be planted with grass, trees, shrubs, crops, or other vegetation to prevent erosion and provide for screening and natural beauty. 20 Ordinance No. 103 Technical assistance and soils data should be obtained from the appropriate county and state officials, conservation districts, and the nearest soil conservation service office. 8.7 Topsoil. When topsoil is stripped or removed, it must be set aside on the site for re- spreading over the excavated area. These overburden stockpiles must be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses and shall not be sold or removed from the property. 8.8 Removal of Structures. Within a period of six (6)months after the termination of a mining operation, or within six (6) months after abandonment of such operation for a period of six (6) months, or within six (6) months after expiration of a sand and gravel permit, all buildings and other structures not otherwise allowed under the Zoning Ordinance must be removed from the property and the property restored in conformance with the reclamation plan. SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 9.1 Insurance. The operator shall provide proof of bodily injury, property damage, and public liability insurance in the amount of$1,000,000 for any occurrence, including blasting insurance if blasting is allowed as part of the permit. 9.2 Escrow. The Applicant for a CUP shall establish a non interest bearing account with the City in the minimum amount of$10,000.00 to secure the payment of administrative, engineering and legal costs incurred by the City in connection with the application. If the escrow is insufficient, the Applicant shall make such additional deposits as may be required by the City. The City shall have the right to reimburse itself from the escrow. Any excess amounts remaining in the escrow shall be reimbursed to the Applicant within sixty (60) days after the approval of the application provided that all City expense invoices have been received. If for any reason, escrow funds are insufficient to cover City costs, the Applicant shall reimburse the City for all of such costs upon receipt of an invoice therefore. Upon the failure of the Applicant to make payment of such invoice within 30 days of receipt of the invoice, the City may reimburse itself from the escrow account. The Applicant shall be responsible for the payment of all administrative, engineering and legal costs incurred by the City in connection with the application. The applicant for an AOP shall establish an escrow of$5,000. Additionally, the applicant shall, upon receipt of an invoice, reimburse the City for inspection costs and any required dust control and nuisance abatement costs incurred by the City in approving the AOP or administering the permitted mining operation.., 9.3 Financial Guaranty. To assure compliance with the provisions in this Chapter, the completion of reclamation and restoration of the site, and the performance of the operator's obligations set forth in the CUP, the operator shall provide to the City an Irrevocable Letter of Credit or other security satisfactory to the City in the amount to be determined by the City. The operator shall be entitled to a reduction in the security amount on a dollar for dollar basis as reclamation is completed and approved by the City 21 Ordinance No. 103 engineer, except that the security shall not be reduced below an amount equal to 125% of the cost of the work to be completed as determined by the City Engineer nor below 5%of the security, unless the reclamation has been accepted by the City. To obtain a reduction in the security the operator will give notice to the City of completion of a portion of the reclamation or fulfillment of its requirements. The City Engineer will inspect the completed improvements within ten (10) working days of the operator's notice, and, provided the engineer approves the completed reclamation or fulfillment of requirements, the reduction in the security will occur on a dollar for dollar basis within five (5) working days after the City Engineer's approval subject to the limitations stated above. If the security does not automatically renew, then at least thirty(30) days prior to the expiration of the security, the operator shall provide the City with a new security for a period of at least one (1) year beyond the expiration date of and for the same amount as the security then in effect or the operator shall be in default hereunder with no opportunity to cure, and the City may immediately demand from the surety the amount of the security then in effect. Any security provided under this section shall permit the City to draw upon the security immediately following any operator default hereunder that is not cured within any applicable notice period and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. Any request for a security reduction shall be accompanied by mechanics lien waivers covering completed work. 9.4 A permit fee of$500 shall be paid with the application for a CUP. A permit fee of$500 shall be paid with the application for an AOP. An AOP will not be issued unless all outstanding fees and taxes are paid. 22 Ordinance No. 103 SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 10.1 Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a separate offense. 10.2 In the event of a violation or threatened violation of any of the terms of this Chapter, the City may take appropriate action to enforce these provisions, including application for injunctive relief, action to compel performance or other appropriate action in court if necessary to prevent, restrain, correct or abate such violations or threatened violations. Upon motion, the court may award costs, disbursements and reasonable attorney's fees and witness fees, which costs and fees can be assessed against the land. 10.3 Whenever necessary to enforce any of the provisions of this Chapter or whenever there is reasonable cause to believe that a violation of this Chapter has occurred or is about to occur, an authorized agent of the City may enter any building or upon any premises at all reasonable times to inspect the same or to perform any duties imposed by this Chapter, provided that if such building or premises be occupied, the authorized agent shall first present proper credentials and demand entry and if such building or premises be unoccupied, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the City shall have recourse to every remedy provided by law to secure entry, including administrative and judicial search warrants. SECTION 11. TERMINATION OF PERMIT 11.1 Any Conditional Use Permit or Annual Operators Permit granted pursuant to this Chapter may be revoked for a violation of any provisions of this Chapter or any conditions of the permit. 11.2 Revocation shall not occur earlier than ten (10) working days from the time written notice of revocation is served upon the permittee or if a hearing is requested, until written notice of the City action has been served on the permittee. Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred and a statement that if the permittee desires to appeal, the permittee must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the City Clerk by midnight of the tenth working day following service. Following the receipt of a request for hearing, the City Clerk shall set a 23 Ordinance No. 103 time and place for the hearing, and the hearing shall be conducted in accordance with the procedures set forth in Chapter 1, Section 7.8, of the Scandia Development Code. 11.3 A mining operation shall not be permitted to continue solely for the purpose of maintaining a bituminous or ready mix concrete plan or for crushing, washing, recycling or other processing operations. Upon removal of all commercially reasonable quantities of material from the mining site, the mining operation shall cease, all equipment and structures shall be removed and reclamation of the site shall be promptly completed. Failure to remove commercially reasonable quantities of material from the site for a period of two consecutive years shall constitute a presumption that the mining on the site has been completed, unless the operator has renewed the AOP yearly. SECTION 12. EFFECTUATION 12.1 It is hereby declared to be the intention that the several provisions of this Chapter are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. SECTION 13. REPEALER 13.1 Any ordinance or provision of an ordinance heretofore existing pertaining to the subjects treated in the Chapter shall be deemed repealed from and after the effective date of this Chapter except as they are included and reordained in whole or in part in this Chapter; provided that this repeal shall not affect any right established prior to the effective date of this Chapter or the provisions of any valid permit issued prior to the effective date of this Chapter. 24 Ordinance No. 103 Section 2. Section 9.9 Mining of Chapter Two of the Development Code of the City of Scandia is hereby amended as follows: 9.9 Mining. Mining within the City is regulated by Chapter Four of this Development Code. Adopted this 28th day of August, 2007. Dennis D. Seefeldt, Mayor Anne Hurlburt, Administrator 25 CITY OF SCANDIA RESOLUTION NO. 8-28-07-01 RESOLUTION APPROVING THE TITLE AND SUMMARY OF THE CITY OF SCANDIA MINING AND RELATED ACTIVITIES ORDINANCE WHEREAS, the City Council of the City of Scandia, Washington County, Minnesota has reviewed the title and summary of Ordinance No. 103 which is an Ordinance Adopting Mining and Related Activities Regulations Within the City of Scandia; and WHEREAS, the City Council has approved the text of the Summary and determined that it does clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council has directed that a printed copy of the Ordinance be available for inspection in the office of the City Administrator by any person during the regular office hours of the City Administrator an posted on the official website of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SCANDIA, MINNESOTA: That the Title and Summary of the Ordinance be published in the Forest Lake Times with notice that a printed copy of the Ordinance is available for inspection in the office of the City Administrator by any person during regular office hours of the City Administrator and is also posted on the official website of the City. Adopted by the Council this 28`h day of August, 2007. Dennis D. Seefeldt, Mayor ATTEST Anne Hurlburt, City Clerk/Administrator CITY OF SCANDIA SUMMARY OF CITY OF SCANDIA MINING AND RELATED ACTIVITIES ORDINANCE THE TITLE AND SUMMARY OF THIS ORDINANCE HAS BEEN PREPARED FOR PUBLICATION PURSUANT TO M. S. § 412.191 Subd. 4 ORDINANCE NO. 103 TITLE AN ORDINANCE ADOPTING CHAPTER 4 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA AND PERTAINING TO MINING AND RELATED ACTIVITES 1. Title. This Chapter may be known, cited, and referred to as the "Scandia Mining Ordinance". 2. Table of Contents. This Chapter contains the following Sections: SECTION 1. INTENT AND PURPOSE SECTION 2. APPLICATION OF CHAPTER SECTION 3. GENERAL PROVISIONS SECTION 4. DEFINITIONS SECTION 5. APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT (AOP) SECTION 7. OPERATING CONDITION SECTION 8. RECLAMATION SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION SECTION 11. TERMINATION OF PERMIT SECTION 12. EFFECTUATION SECTION 13. REPEALER 3. Intent and Purposes. This Chapter is adopted for the purposes of: (A) Providing for the health, welfare, and safety of the community by regulating the removal of sand, rock, soil, and other natural deposits in the City of Scandia. (B) Providing for the economic availability and removal of sand, gravel, rock, soil, and other materials vital to the economic well-being of the region. (C) Establishing regulations, safeguards and controls regarding noise, dust, odors, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property. (D) Establishing regulations, policies and processes to protect the quality and quantity of groundwater in Scandia and its environment. (E) Reducing the potential for pollution caused by wind, soil erosion and sedimentation. (F) Establishing locations, orderly approval processes and operating conditions under which mining operations will be allowed and establishing conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns. (G) Ensuring compliance with the regulations established in this Chapter on those mining operations presently operating in Scandia. (H) Meeting the goals and policies of the Scandia Comprehensive Plan. 4. General Provisions. (A) A Conditional Use Permit (CUP) and an Annual Operators Permit (AOP) are required for all mining operations. Existing operators holding a CUP from Washington County may operate under the terms and conditions of the Washington County CUP until its expiration date or until ninety(90) days after this Ordinance is adopted, whichever occurs later. (B) To obtain a CUP for a new mining operating or for the expansion or change in use of an existing operation, the site must contain at least forty (40) contiguous acres; meet the standards for approval of a CUP as contained in Chapter 1, Section 7 of the Scandia Development Code; be consistent with the Scandia Comprehensive Plan; and meet all provisions of the Chapter. (C) This Chapter requires that the application for a CUP be made in the name of the operator of the mine and the owner of the land and details the information which must be included in the application including surveys, maps and plans pertaining to the mining operation and reclamation of the site. (D) An application for an annual AOP must be filed with the City by January 31 st of each year. The application for the AOP shall summarize the annual activity for the amount of material removed from the site, amount of add-rock brought onto the site, area reclaimed and type of reclamation, average number of trips hauling material to and from the site per day for the season, any changes made to the site and other conditions specific to the issued CUP. The application shall also identify how the operating conditions for the coming year vary from the previous year and shall include a site plan and area photo showing the active mining area and the location of existing and planned stock piles for the coming year. The application shall also describe reclamation to occur and the operating conditions planned for the coming year. 5. Operating Conditions. This Chapter addresses operating conditions and standards, including setbacks, fencing, hours of operation, screening, dust control, noise, depth of excavation, waste disposal, water quality monitoring, fuel storage and processing. 2 6. Reclamation. A complete reclamation plan must be submitted with an application for a CUP including detail as to initial condition of the site, phasing and timing of operations. maintenance of the reclaimed area and the relation of the reclaimed site to planned or established uses of surrounding land. 7. Insurance, Financial Guarantees and Fees. The operator shall provide proof of bodily injury, property damage, and public liability insurance in the amount of$1,000,000.00. An applicant for a CUP shall establish a noninterest bearing account with the City in the minimum amount of$10,000.00 to secure the payment of administrative, engineering and legal costs incurred by the City in connection with the application for a permit. An applicant for an AOP shall establish an escrow of$2,000.00 to cover the administrative, engineering and legal costs incurred by the City in connection with the application. A financial guarantee in an amount equal to 125% of the estimated amount required to complete the reclamation and restoration of the site and to perform the operator's obligations as set forth in the CUP shall be required. A permit fee of $500.00 shall be paid with the application for a CUP and with the application for an AOP. 8. Violations, Penalties and Inspection. A violation of the provisions of this Chapter is a misdemeanor. Each day that a violation is permitted to exist constitutes a separate offense. In the event of a violation or threatened violation of any of the terms of this Chapter, the City may take appropriate action to enforce the provisions, including application for injunctive relief, action to compel performance or other appropriate action in court if necessary to prevent, restrain, correct or abate such violations. 9. Termination of Permit. Any CUP or AOP may be revoked for a violation of any provision of this Chapter or any condition of a permit. Adopted by the City Council of the City of Scandia this 28`h day of August, 2007. Dennis D. Seefeldt, Mayor Anne Hurlburt, Clerk/Administrator 3 Passed and adopted by the City Council of the City of Scandia, this 28th day of August, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator 4 Meeting Date: 8/28/2007 Agenda Item: q 6) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt the resolution approving the application of Richard Grekoff, West Lake Builders for variances for setback from the Big Marine Lake Ordinary High Water level (OHW), front yard setback, maximum impervious surface area, minimum lot size, road frontage, and buildable area to allow construction of a new single family home for Allen and Penny Lepinski on property located at 12614 182nd Street North. Deadline/ Timeline: 60-day review expires September 15, 2007 Background: At the August 7, 2007 meeting, the Planning Commission recommended approval of the variances. The Council preliminarily accepted their recommendation and directed staff to prepare a resolution incorporating findings and conditions of approval. Recommendation: Staff recommends approval of the resolution. Attachments/ • Draft resolution (No. 08-28-07-02) Materials provided: Contact(s): Richard Grekoff, West Lake Builders, Inc. (715) 386-4878 Prepared by: Anne Hurlburt, Administrator (2007017 variance Iepinski res) Page 1 of 1 08/17/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 08-07-28.412 APPROVING VARIANCE REQUEST FOR 12614 182ND STREET NORTH WHEREAS, Richard Grekoff, West Lake Builders has made application for variances for setback from the Big Marine Lake Ordinary High Water level (OHW), front yard setback, maximum impervious surface area, minimum lot size, road frontage, and buildable area to allow for a new single family home, located at 12614 182nd Street North; and WHEREAS, the property is legally described as follows Lot 12, Big Lake View Third Addition, together with that part of vacated 182nd Street North accruing thereto, according to the recorded plat thereof, Washington County, Minnesota; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on August 7, 2007, and has recommended approval for the variances for setback from the Big Marine Lake Ordinary High Water level (OHW), front yard setback, minimum lot size, road frontage,maximum impervious surface area and buildable area; and NOW, THEREFORE, BE I'T HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Richard Grekoff, West Lake Builders for the variances for setback from the Big Marine Lake Ordinary High Water level (OHW), front yard setback, maximum impervious surface area, minimum lot size, road frontage and buildable area, based on the following findings: 1. The lot is a pre-existing lot not meeting the dimensional standards in the current Zoning Ordinance. Strict enforcement of the setback from the Big Marine Lake Ordinary High Water level, front yard setback, maximum impervious surface area, minimum lot size, road frontage and buildable area would greatly limit residential use of the property, a use allowed by the zoning district. 2. The dimensions of the property are existing circumstances unique to the property. 3. Because the proposed home meets the same setback from the Ordinary High Water level as the existing cabin, and because the proposed home is within two feet of the existing cabin's front yard setback from the west property line, and because the proposed home does not alter Resolution No.: 08-07-07-02 Page 2 of 2 the buildable area, lot size or road frontage, granting the variances would not alter the essential character of the area. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the proposed home is located per the plans received by the City of Scandia on July 19, 2007 except for as dictated by the conditions of approval stated below. 2. That the individual sewage treatment system be approved by Washington County Department of Public Health and Environment. 3. That the driveway shall be constructed with a pervious paver system, and that the applicant shall submit documentation that the driveway will be designed, installed and maintained to be functionally equivalent to a vegetated surface, including the submission of soil borings to demonstrate the suitability of the soils for the paver system. 4. That a landscaping plan showing proposed vegetation alterations be provided when the Applicant applies for a building permit from the City. The plan should show any trees to be removed and replacement trees as regulated by the Shoreland District. There shall be no disturbance of the grade within five feet of the two large oak trees on the street side of the home. 5. That the Carnelian Marine Saint Croix Watershed District permit is granted, and that the applicant comply with the requirements listed in the letter from the watershed district dated August 2, 2007. 6. That the lowest floor elevation must be at least 945.00 feet. 7. That a grading, drainage, and erosion control plan be submitted, and that erosion control measures including silt fences be installed and maintained prior to and during construction. 8. That the Applicant works with the Washington Conservation District and the Carnelian Marine Saint Croix Watershed District and plants a shoreland buffer of native vegetation for shoreline stabilization and stormwater quality treatment. 9. That any comments received from the Minnesota Department of Natural Resources, if any are provided in advance of the Applicant receiving a building permit, are addressed. 10. That all fees and escrow payments are made. Adopted by the Scandia City Council this 28th day of August, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk Meeting Date: 8/28/2007 Agenda Item: c City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Earl Poyerd, 19166 Larkspur, has asked to address the City Council on a proposal to permit the installation of a dock on Big Marine Lake at 192nd Street N. Deadline/ Timeline: N/A Background: • Mr. Poyerd has submitted the attached letter and other materials describing a proposal to form a neighborhood association for the purpose of installing and maintaining a dock for the exclusive use of neighborhood residents. • The proposed location for the dock is city road right-of-way, an area approximately 102 feet wide by 110 feet. • The site does not have sufficient land area for the parking that would be required for a permanent lake access or public dock. Recommendation: Staff recommends that the Council hear the request and give your feedback. You may wish to consider any past precedents, and what precedent might be set by this proposal for other similar locations. Attachments/ • Location Map Materials provided: • Letter dated July 17, 2007 with attachments Contact(s): Earl Poyerd, 651 426-1082/ 651 433-4711 Prepared by: Anne Hurlburt, Administrator (poyerd request) Page 1 of 1 08/17/07 X ,,,c.s N\s\\\\N\\\Ali ., 47 f 1 t7' N Qs N ,b (2 n ,-( N 5r s' v GQ,7 1 I �, 0 'q S- ` \o x" f s (0 02) g tih�� r 1, _ I (,.. / / ' ' — ___- 387.6 350.67 159.53 " U1 192ND STREET NORTHd � ^N G _ TRACT A (0049) H 1 16 3 2745 ) 16 '901 \ o? ✓' (OG36)po o (Q�'S 7Imo" 7317 / i 1 ?84 '5 (0050) 1 TRACT C S �� '� `roc, (0015) ^� F / ?4 i o^ 5n_ jQQ�+g1 15 �' j�'` 14ky .77\x I - I a� �.'S0 ?3g 0035) (00 i 4) 4 ti E m 14 13 1g7.41 7:5 xi, _�, ^y (0047) (0033)y 66 (0013) y 7,50 3<81 / o`. 70 f. �� m 13 12 ? y s —• o �.� 155.97 C' 7357 `° o 89*; / Z 12 ,' 11 1y4.,al ,� (0031) (0011) [ I 30 .6.58 ro� ^ry 10. \ 198.E 7, 7 11 / (001Q) p TRACT E (0030) g ail (0051;1 7.)>q8 �ti. h 9 98 +,, / z o (0009) �5 7fpy� L o 1 0 0 2 ^`, 8 1g98 ., _ `` (002 ) �, (COGS) 5 , s _ Q Ys ,50 7, 95 2 w .- 7 ` 441, .2 ^ 1,$0 �ry (0028) (0007) 7.64 0r 7 739.4/? 7c5027; i / V550s O\( 44) s e h 5 (OM _0005 0 • Cj. (0043) tl;' 4 •It ^ / ♦ 6 4/.4sa• (0004) r.. . rj, (t0G42A� ; ). 4 a� Ny ��` i a• „y' 3 '�45 2 4 ' 5 '4?.t7 ^ (0003) 1,<. ;�% ^' h 3.15 5osg (002 °/s �4 75175 4'1397 7t 2 11P 4 a t>s (0002) 51,. 0(0040)h 6/ (0022)el g e 4 <U < 3 • ,> 1 1 (0001) 19 (0039) (CG21) 2074 ' (0019) 3., r 160.67 ti 2 '''°7- , ? 30.A /-' \J h �Ct �4 3) 190TH bi t N m OG2G1, ,ry 0037 4,,o 001' a m / n / 7,3 / 4Nsf 2 1: 407 / 18 ` I July 17, 2007 Scandia Township Board Initial Proposal of Concept By Doug Smith and Earl Poyerd Introduction There is interest from neighbors on Larkspur Street by Big Marine Lake to form a neighborhood association with the purpose of owning and maintaining a dock to serve the needs of the local neighborhood for swimming and fishing and maintaining a family friendly safe environment. History of the Property The original intent of the landowner that donated the land that is now an unmarked public access to Big Marine Lake was to dedicate the access for the use of the property owners that purchased land on Larkspur Street. (See Exhibit A) Property owners in the area were informed of this intent when they purchased their lots. Now that the land is under the jurisdiction of the township some of the landowners would like to see if there is a way that this original intent for use by the neighborhood can be realized with the approval and support of the township. The Proposal Interested neighbors on Larkspur would form a community association that would purchase a dock for use by the neighborhood. The association would be responsible for purchasing the proper liability insurances, for meeting any DNR requirements for the docks, for seasonal installation and removal of the docks, and for maintenance and upkeep of the docks. The association would look to the Scandia Township Board for clarity on either a land use or purchase agreement that could be structured to meet their approval. Steps Involved 1 ) Assess initial feedback on viability from the Township 2) Assess the extent of neighborhood interest by surveying those living in the area. 3) Form the community association. 4) Complete the Agreement with the township. 5) Purchase and install docks. List of Properties Involved in Neighborhood See Appendix B Overview of Site See Appendix C Thank you for your interest. Respectfully, Douglas W. Smith Earl Poyerd a q a a o m M ¢ k g q P s. a 0 1 JmmS mot I'r O.. O • l�7 I- C , Alis f ABC!/A+ •A O `. c c h v a • IS 9.5 3 �,,-..� H sap m O . ' •'n D- n t e• it (iw IV' CO a m u •J� - . _� ♦- �, i m C X i. m w �J 411 Ill•y ti I o ter�J . !'• ^ �--_ • r+ m - ^b �•'"' •-4J 2 ' y t. .. /...--- ' N• /• a✓. 9••gC m , .. '7- .,'",i, (V Ahiii S69ti6 1 `y �\'a , . • ill...`3.,.. ........ ' 16 . cp\ „ . 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