Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-18-2008 Meeting
CITY OF SCANDIA PLANNING COMMISSION SPECIAL MEETING AGENDA Tuesday, November 18, 2008 6:00 P.M. I. Call to Order 2. Proposed 2008 — 2030 Comprehensive Plan for the City of Scandia 3. Adjournment 11/13/2008 CITY OF SCANDIA CITY COUNCIL AGENDA Tuesday, November 18, 2008 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) October 21, 2008 Regular Meeting 2) October 22, 2008 Special Meeting 3) October 27, 2008 Special Meeting 4) October 29, 2008 Special Meeting 5) November 5, 2008, 2008 Meeting with Planning Commission b) Treasurer's Report c) Payment of Vouchers d) Appointment of Part-Time Seasonal Ice Rink Personnel e) Liquor License Renewals 1) AJL Enterprises dba Scandia Olde Towne Liquor, Off-Sale 2) Meister's Bar & Grill, Combination On/Off-Sale and Sunday f) Tobacco License Renewals 1) AJL Enterprises dba Scandia Olde Towne Liquor 2) Scandia Store & Deli g) Utility Permit, Frontier Communications (16115 Quality Trail N.) h) Annual Operators Permits (AOP) for Mining Operations, Tiller Corporation, 22303 Manning Trail (Resolution 11-18-08-01) 6. Public Hearings (None) 7. Committee Reports a) Planning Commission 1) 2008-2030 Comprehensive Plan (Resolution 11-18-08-02) 8. Staff Reports a) Police Department Deputy Chris Majeski b) Fire Department Fire Chief Steve Spence 1) Agreement with Tiller Corporation for use of Well c) City Engineer Paul Hornby d) City Attorney Dave Hebert e) Building/Code Enforcement Official Steve Thorp f) City Administrator Anne Huriburt SCANDIA CITY COUNCIL AGENDA November 18,2008 Page 2 of 2 9. General Business a) "The Sanctuary" Project 1) Pay Request # 1 and Final, T.A. Schifsky& Sons 2) Declare Costs and Adopt Assessments (Resolution 11-18-08-03) b) Tom & Lisa Stanek. Certificate of Compliance for Fence in the Shoreland Overlay District (19107 Layton Ave.) (Resolution 11-18-08-04) c) Signage at Lofton Avenue (County Road 1) and Highway 97 Intersection d) 2009 Property and Casualty Insurance Renewal e) Repairs to Community Center Sewer System 10. Adjournment ok. October 21, 2008 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: Council members Pete Crum, Michael Harnetty, Dolores Peterson, Mayor Dennis Seefeldt. Absent: Councilmember Donnette Yehle. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Building Official Steve Thorp, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. PUBLIC FORUM In honor of Part-Time Maintenance Worker Bill Poidinger's retirement effective October 31st, Mayor Seefeldt presented Mr. Poidinger with a certificate recognizing his nine years of service with Scandia. A short coffee and cake reception was held. , APPROVAL OF AGENDA Councilmember Peterson, seconded by Councilme er Crum, moved to approve the agenda as presented. The motion passed unanimSSy. / APPROVAL OF CONSENT AGENDA The following consent agenda was presented, a) Minutes 1) September 16, 2008 Regular Meet 2) September 18, 2008 Spea1 Meetin " planning Commission 3) October 7, 2008 Me 44,flanni Commission b) Treasurer's Report Beginning ce 09 $1,548,014.59 Receipts 52,166.92 Exp emu 316,656.99 Path 23,438.54 - 340,095.53 djustments turne " heck -1,600.00 B - Charge - 5.00 it Surcharges - 197.87 uplicate Entry + 300.00 Ending ice 09/30/08 $ 1,258,583.11 c) Payment of Vouchers d) Renewal of On-Sale 3.2% Liquor License for the Scandia Community Senior Center e) Utility Permit, West Lake Builders (Sewer Line for 12614-182nd Street North) Councilmember Peterson, seconded by Councilmember Harnetty, moved to approve the Consent Agenda as presented. The motion passed unanimously. PARK AND RECREATION COMMITTEE The Park and Recreation Committee have requested the purchase of identification signs along Highway 95 for Wind in the Pines Park. Two options for sign panel design were received from MnDOT. The Committee's consensus was that the smaller 4' by 3' sign with the wording October 21,2008 Scandia City Council Page 2 of 4 "Nature Park" would be adequate. The cost of two signs, one each for northbound and southbound traffic, would total $1,994.00, including installation. The Park Capital Improvement Fund would cover this cost. Councilmember Crum questioned if allocation for this purchase is necessary at this time. Councilmember Harnetty, council representative to the Parks Committee, stated that this signage is one of the last steps to finalizing the improvement plan for Wind in the Pines, a high priority of the committee's goals. Councilmember Harnetty, seconded by Councilmember Peterson, moved to approve the request of the Park and Recreation Committee for the purchase of highway signs for Wind in the Pines Park in the amount of $1,994.00. The motion passed unanimously. POLICE DEPARTMENT Deputy Chris Majeski reported on the past month's police activity. A seat-belt enforcement wave was recently conducted by the County Sheriff's department. 1- FIRE DEPARTMENT ' . Assistant Fire Chief Jim Finnegan reported that the Fire Department's open'house hosted over 350 citizens on October 14t1i. Tiller Corporation has4agreed t9 allow the fire department access to their 1,000 gallon/minute well. City Attorney Hebert wtllltl ft an indemnity agreement on behalf of the City releasing Tiller from any liability issues. Reg , eg the recent adoption of the city's snowplow policy, Finnegan asked that con ' ° ' for ri it be given to three or four roads � p Y, g P �' which have a number of fire department m rs i on them. DEMOLITION OF THE FORMERRRASM N HOUSE, 20780 OLINDA TRAIL Two options are being considered"for t b remov f the vacant home at 20780 Olinda Trail. The house may be demolishedused as a "rn struc for the fire department. In either case, an asbestos inspection has dete led "er asbestos present requires removal of hazardous materials by a liven ntractor. Building Official Steve Thorp will obtain contractors' quotesorasos abatement. Prior to beginn ,t the work o a removal of the hazardous material, the fire department has asked for permission to use the cant structure as a training house. Councilmember Crum, seconded by Mayor eefeld if oved to allow the Fire Department to utilize the house at 20780 Olinda Trail att training structure. Voting yes: Crum, Seefeldt, Harnetty. Opposed: Peterson. The motion passed. Two quotes were received for the demolition of the steel accessory garage. Councilmember Harnetty, seconded by Councilmember Crum, moved to accept the bid from Scandia Trucking in the amount of$750.00 for removal of the accessory structure at 20780 Olinda Trail. The motion passed unanimously. CITY ENGINEER City Engineer Paul Hornby gave an update on engineering projects within the city. The remaining work at The Sanctuary will be completed this month. Wear course paving and shouldering at the Tii Gavo development is expected to be complete by Early November. October 21,2008 Scandia City Council Page 3 of 4 Novak Avenue Drainage Issues City Engineer Paul Hornby presented to the council the review and recommendations regarding the Novak Avenue drainage issues. This study was initiated following a storm runoff event in May 2008 which resulted in local ponding in the front yard of Ron and Diane Pottratz at 21450 Novak Avenue. Engineer Hornby obtained 2-foot contour maps to identify existing drainage patterns in the agricultural land to the north and east of Novak Avenue. Due to the intensity of the May 2008 storm, drainage analysis determined that the ditches did not have the capacity to contain the flow of runoff. Engineer Hornby stated that improvements such as check dams, construction of a ditch-block and increased culvert capacity could be made to improve the drainage, but these improvements will not prevent flow from following its historic natural course during more intense rainfall and quick snowmelt events on the downstream property. Councilmember Crum, seconded by Mayor Seefeldt, moved tojreceive and file the Engineer's report regarding the Novak Avenue drainage issues. The motion passed unanimously. BUILDING/CODE ENFORCEMENT �. Building/Code Enforcement Official Steve Thorp reported o e high number of roofing permits that have been issued this year. The Department of Health, l have a complete report on the water studies of the Community Center wellystem with t} e next few months. Community Building Code Administration ranResolution 10-21-08-01 The International Code Council is seeking a era ovide local governments with assistance for building code adm . E 'on an '' orcement. Thorp has requested Council to adopt a resolution that suppo y; e Co unity Building Code Administration Grant Act of 2007. Councilmember Cr ;`second by Councilmember Peterson, moved to adopt Resolution 10-21-08-01 Su .1,,die" `"4f unity Building Code Administration Grant Act of 2007. The motion ass i animously. CITY ADMIN TO kiA,, Holiday Office ours 4._ Administrator rt recom *ds that the city office close at noon on December 24 and all day on December 2 is d Jan 2. Eligible employees would take paid time off on those days. Councilmember Pete oseconded by Councilmember Harnetty, moved to approve the revised office hours for the Christmas and New Year's holidays. The motion passed unanimously. IDENTITY THEFT PREVENTION PROGRAM FOR CITY UTILITY ACCOUNTS: RESOLUTION 10-21-08-02 The Federal Trade Commission requires that an Identify Theft Program be established for city utility billing accounts. Scandia's 201 Community Sewage Treatment System and the Uptown Sewer System fall under this rule. Treasurer Colleen Firkus prepared a program based on a model provided by the MN Municipal Utilities Association. The program will not require any significant changes in the billing procedure. The Identity Theft Committee will consist of the Administrator and Treasurer. Councilmember Crum, seconded by Mayor Seefeldt, moved to adopt Resolution 10-21-08-02 Establishing an Identity Theft Prevention Program. The motion passed unanimously. October 21,2008 Scandia City Council Page 4 of 4 EMPLOYEE HEALTH INSURANCE RENEWAL FOR 2009: RESOLUTION 10-21-08-03 Rates for the City's employee health plan, provided through Blue Cross Blue Shield, will increase 8.8% for 2009. The annual deductible and maximum out of pocket costs will stay the same as in 2008. Staff recommends increasing the city contribution to the health savings account from $100 to $105 per month, as deductibles have increased $75 per year since the HSA contribution was set in 2007. Councilmember Peterson, seconded by Councilmember Harnetty, moved to adopt Resolution 10-21-08-03 Establishing City Contributions to Employee Health Insurance Benefits for 2009. The motion passed unanimously. COMMENTS ON PROPOSED COMFORT LAKE FOREST LAKE WATERSHED DISTRICT RULES Administrator Hurlburt presented Council with a draft letter with. mments on the proposed Comfort Lake Forest Lake Watershed District rules. Comments on the development of the Watershed's rules address threshold issues, technical corrections, language clarification, buffer monuments and a request to increase the access zone to water bodies to 50 feet. The CLFLWD will hold a public hearing on their proposed rules ony,November 13th. Councilmember Peterson, seconded by Councilmember Crum, moved to approve that the presented letter be sent to the Comfort Lake Forest Lake Watershed District ititicerning their proposed rules. The motion passed unanimously. GREEN ACRES LAW: RESOLUTION 11- " - Mayor Seefeldt presented a resolution requesting t the state legislature reconsider or delay implementation of changes to th ree3t.Acres `' ,gram. The changes adversely affect a significant number of Scandia pert owners. Residents Kevin Nickelson and Bruce Swenson voiced their approval of thisolutio Mayor S ' Veldt, seconded by Councilmember Peterson, moved to adopt esolu n 10-21-08-04 Requesting that the State Legislature Reconsider or Delay Change ie Minnesota "Green Acres" Law. The motion passed unanimously. In lion t sen i ng this on to the House and Senate representatives, copies will be sent to neighboring com u° .ties*'and to property owners that attended the October 1st information ' g at Washi on County. Councilmember m, sec ded by Councilmember Peterson, moved to adjourn. The meeting adjourned a30 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk October 22, 2008 Special Joint Meeting—Scandia Planning Commission and City Council The Scandia Planning Commission and the Scandia City Council met in a joint special meeting on the above date. The following were in attendance: Planning Commissioners Tom Krinke, Christine Maefsky, Susan Rodsjo and Peter Schwarz; Mayor Dennis Seefeldt and Council Members Michael Harnetty, Donnette Yehle, Peter Crum and Dolores Peterson. Planning Commission Chair Chris Ness was absent. Staff present: Administrator Anne Hurlburt and City Attorney David Hebert. Also present: Jean Coleman, C.R. Planning. Mayor Seefeldt called the meeting to order at 6:04 p.m. Mayor Seefeldt introduced the purpose of the meeting,which was to discuss the comments received at the public hearing on the draft Comprehensive Plan and the written comments submitted subsequent to the hearing. The primary issues are: 1) density in the Ag Core areas; 2) Rural Commercial nodes; 3) aggregate resources; and 4) the "VN" (Village Neighborhood) and "VMU" (Village Mixed Use) expansion. The Ag Core designation and how the 2 units per 40 acre density came to be proposed were discussed. The consensus of the group was that the Ag Core designation should remain in the plan, but that the density should be changed to 4 units per 40 acres and that the maximum density bonus that could be earned as an incentive for open space conservation subdivisions should be 100%. This would continue the policy of the current plan's GR-AG land use designation. The Rural Commercial nodes were discussed, Mayor Seefeldt pointed out that the narrative describing the Copas node needs to be revised to include the Abrahamson's site. The consensus of the Commission and Council was that the former"Trails End" site at Highways 95&97should be mapped as a commercial node given its historic land use. How the draft plan treats the city's aggregate resources was discussed. It was agreed that Map 6 should be revised to accurately show the extent of these resources in the city. Whether or not the plan should designate mining areas as a separate land use category was discussed. It was agreed that this should continue, and that no new mining areas should be added to the future land use map. A new mining operation would require the applicant to request an amendment to the plan. The boundaries of the VN and VMU areas were discussed. The consensus was that two areas should be removed from the VN (south of Highway 97 and east of Ozark, and northeast of Parrish Road.) It was agreed that the area north of Goose Lake, which is designated "VC" on the current land use plan, should be added to the proposed "VN" area. Commissioner Maefsky raised a question whether or not the proposed Lakeshore Conservation Overlay should require open space conservation design for all developments. The consensus was that the language should "encourage",but not require, conservation design. October 22,2008 Scandia Planning Commission and City Council Page 2 of 2 Commissioner Maefsky asked the group to discuss the intent of proposed policy 9.2.3 regarding "preservation of a public access to waters when land is developed." It was agreed that this policy should be stricken. The"Scenic Roads and Viewsheds" list and map (pages 114-117) were discussed. It was agreed to remove the list and map from the plan, as much more work is needed to identify them and how they will be addressed. Ms. Coleman pointed out that revisions must still be made to the local water plan portion of the plan to respond to watershed district comments,before the Comprehensive Plan is submitted to the Metropolitan Council for review. Mayor Seefeldt said that density policies would need to address "short"or "long"40's created by the public survey system. Currently there is language in the plan and in the code. The updated code will need to continue to address these situations. Councilmember Crum asked for additional discussion of lot sizes and densities in the"VN" areas. There is concern that resubdividing larger lots into 1-acre building sites could produce unattractive and incompatible development. It was agreed that the plan would be revised to require 2%2 acre lots, except that housing at 1-acre densities could be approved with bonuses. The Planning Commission set a special meeting for 6:00 p.m. on Tuesday, November 18, prior to the regular City Council meeting. The consultant will make the changes to the draft plan for the Commission's review, so that they may consider making a recommendation to the City Council. The Council could receive their recommendation at their 7:00 p.m. meeting that evening. The meeting adjourned at 8:44 p.m. Respectfully submitted, Anne Hurlburt Administrator/ Clerk 4) October 27, 2008 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 were present: Council members Pete Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, and Mayor Dennis Seefeldt. Staff: Administrator Anne Hurlburt. The purpose of the meeting was to conduct a performance review of the City Administrator. This meeting was closed under an exception to the Minnesota Open Meeting Law that allows the Council to close a meeting to evaluate the performance of an employee. The meeting was tape recorded as required by state law. Mayor Seefeldt presented and the Council discussed a composite of comments submitted by all five members concerning the Administrator's performance. The Administrator was also asked for feedback on how the Council could better work with staff and each other. The meeting adjourned at 8:55 p.m. Respectfully submitted, Anne Hurlburt City Administrator/Clerk 4') October 29, 2008 A special meeting of the Scandia City Council was held on the above date. Mayor Dennis Seefeldt called the meeting to order at 6:05p.m. The following were present: Council members Pete Crum, Dolores Peterson, Donnette Yehle, Michael Harnetty and Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, Treasurer Colleen Firkus, Assistant Fire Chief Jim Finnegan and Firefighter Bill Havener. Administrator Hurlburt review the draft budget for the"201" Community Wastewater System. Council directed that the budget assume a 10% rate increase to users, with additional revenues to be reserved for future system replacements. A letter will be sent with billings to explain to users the need to increase reserves. General fund department budgets were reviewed. The following directions were given: • Sealcoating of the parking lot at the Public Works/ Fire Hall facility will be deferred. The $4,000 in the Public Works budget will be moved to contractual road repairs. The $4,000 in the Fire Dept. budget will be deleted. • $2,000 will be added to the Fire Dept. budget to attempt a repair to the slab using mud jacking or a similar technique, not the more expensive repair suggested by the City Engineer. • Revenue to the Fire Dept. Budget will be revised to show $10,000 in donations for the command vehicle. • Equipment replacements in the Fire Dept. will be reviewed to determine if Tanker 5177 (due in 2012) could be refurbished instead of replaced. It may be necessary to initiate purchase of the planned 2010 replacement of the rescue truck in 2009, which will require borrowing. Staff will look into availability of such trucks at state contract prices. • Planning consulting will be reduced from $75,000 to $50,000. • Staff will research a possible increase in minimum building permit fees, the possibility of local fines for traffic violations, and utility permit fees. • The Uptown Sewer and Water budget will be reviewed to ensure it accurately reflects expected costs. • Councilmember Crum will research emergency management trends regarding civil defense sirens for discussion at the next budget meeting. • Staff will research the market for community center rental fees. The Council will meet for another budget work session on Thursday, November 20 at 6:00 p.m. The meeting adjourned at 9:25 p.m. Respectfully submitted, Anne Hurlburt City Administrator/ Clerk 5, a- 5.) y i November 5, 2008 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: Council members Pete Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle, Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Planner Sherri Buss, Building Official Steve Thorp, Deputy Clerk Brenda Eklund. APPROVAL OF THE AGENDA A discussion of Board of Review training for council members was added to the agenda. Councilmember Yehle, seconded by Councilmember Peterson, moved to approve the agenda as amended. The motion passed unanimously. CERTIFICATION OF UNPAID CHARGES FOR 201 SEWER SYSTEM - RESOLUTION 11-04-08-01 Mayor Seefeldt opened the public hearing to allow pro 'ty owners with unpaid accounts for the 201 CommunitySewage Treatment S stem the o �t y J g y pp�rtunit to db'ect to the certification of unpaid charges. There were no public comments andMayor-- eefeldt closed the hearing. A resolution incorporating the users' names and amounts due was presented to the council. The property owners have 10 days to pay the dei?quent amount;after which the amount will be billed to the owner's property tax statement aya® A 2009, at 7% interest. Councilmember Peterson, seconded by Mayor Seefeldt, moved to +opt Resolution 11-05-08-01 Certifying Unpaid Charges for the 201 Community S wa ° '"Treatment for Collection with Property Taxes. The motion passed unanimously Nt CANVASS RESULTS O1Q OVEMBER 4.20GB ELECTION - RESOLUTION 11-04-0802 Council was presented with aolitidn declaring the results of the November 4, 2008 municipal election. Mayor Seefeldt was re elected, and John Lindell and Connie Amos were elected to four year terms on the City Council Councilmember Peterson, seconded by Councilmember Harnetty, moved to adopt Resolution 11-04-08-02 Certifying the Results of the November 4, 2008 City Election. The motion passed unanimously. REPORT ON PER `ORMA:NCE REVIEW Mayor Seefeldt presented a verbal report on the special closed meeting held on October 27, 2008 for the purpose of Administrator Hurlburt's performance review. The Council had positive comments and discussed ways in which staff and Council could work together to improve the functions of the administrator's position. SCANDIA DAY AT TROLLHAUGEN—DECEMBER 27, 2008 The Park and Recreation Committee have proposed to sponsor a "Scandia Day at Trollhaugen" event similar to last year's snow tubing event. The City will handle the registrations and release forms for participants. Councilmember Harnetty, seconded by Councilmember Peterson, moved to approve the Park and Recreation Committee's proposed "Scandia Day at Trollhaugen" tubing event on December 28, 2008. The motion passed unanimously. Scandia City Council November 5,2008 Page 2 of 6 APPOINTMENT OF PART-TIME SEASONAL MAINTENANCE WORKERS Interviews were recently held with candidates for the part-time, seasonal maintenance worker position. The Human Resources Committee (Council members Crum and Peterson and Administrator Hurlburt) has recommended the hiring of Rick Regnier, for approximately 24 hours per week at the pay rate of$17.00 per hour. In addition, the Committee recommends that Bruce Swenson, Bob Lindblom and Roger Rydeen be appointed to assist with snow removal on an "on-call" basis at the pay rate of$17.00 per hour. Counincilmember Yehle, seconded by Councilmember Peterson, moved to approve the appointments for part-time seasonal maintenance workers as recommended by the Human Resources Committee. The motion passed unanimously. APPOINTMENT OF ACTING PUBLIC WORKS SUPERVISOR With Public Works Supervisor John Morrison out on medical leave,the Human Resources Committee has recommended the temporary appointment of Maintenance Worker Mike Egelkraut to serve as Acting Public Works Supervisor, at a pay rate of$21.00 per hour. Councilmember Peterson, seconded by Councilmember Crum, moved to approve the appointment and pay increase as recommended by the Human Resources Committee for Mike Egelkraut, effective November 1, 2008. The motion passed unanimously. ANNUAL OPERATORS PERMITS, MINING OPERATIONS The applications for Annual Operator's Pethuts'lbr the three mining operations in Scandia were initially considered by the Council at the Sep nber 16,2008 meeting and tabled until complete information was submitted. City Planner She presented recommendations for each application. " ,.: y Bracht Bros., Inc. 0 Two significant items remain1p mple dos required by the Conditional Use permit issued in May 2008. A groundwater monitoring well was incorrectly installed in a perched system and not deeply enoughenouplic reach he watertable aquifer. A new well needs to be constructed that monitors the aquifer as required. Secondly, a letter of credit or other security must be provided to the City. Councilmember Peterson, seconded by Mayor Seefeldt, moved to continue to table the request for an Annual Operator's Permit for Bracht Bros., Inc. until all conditions are met. The motion passed unanimously. Dresel Contracting, Inc. City Planner Buss recommended approval of the Annual Operator's Permit for Dresel Contracting with a condition that the Applicant provide the required Letter of Credit or other security to the City. All conditions of Dresel's CUP have been fulfilled. Councilmember Harnetty, seconded by Councilmember Crum, moved to adopt Resolution 11-05-08-03 Approving the Annual Operating Permit Application of Dresel Contracting, Inc. for Sand and Gravel Mining and Processing. The motion passed unanimously. Tiller Corporation,Inc. Due to the detection of Diesel Range Organics (DRO's) in samples from one of the groundwater monitoring wells, it was necessary to allow the MPCA to resample and determine what actions, if any, would need to be taken. Planner Buss received the results just prior to the meeting which Scandia City Council November 5,2008 Page 3 of 6 detected no presence of DRO's in the follow-up sample. The MPCA recommends no further action other than the regular monitoring. Kirsten Pauly, Sunde Engineering, clarified that the well in which the DRO's were detected was considered a background monitoring well to provide a baseline sample, and not within the parameters of the monitoring well network. Other than providing a Letter of Credit, all other conditions of Tiller's CUP have been met. A resolution approving Tiller's AOP will be presented to the council at their next regular meeting. Councilmember Yehle, seconded by Mayor Seefeldt, moved to table Tiller's AOP application to the November 18, 2008 council meeting. The motion passed unanimously. UTILITY PERMIT FOR U.S. CABLE U.S. Cable has applied for a utility permit to install a CATV under Oren Avenue, at two locations. Councilmember Crum, seconded by Councilmember Peterson, moved to approve the Utility Permit for U.S. Cable. The motion passed unanimously, BOARD OF REVIEW TRAINING It will be necessary to have at least one councilmember receive Appeal and Equalization Training so that the City may schedule a Board of Review next year. Councilmember Crum and Mayor Seefeldt indicated that they will attend a County Board training on December 18th The Planning Commission meeting was called to order at 7:30 p.m. The following were present: Commission Chair Chris Ness, Commissioners Tom$rinke, Christine Maefsky, Susan Rodsjo, Peter Schwarz and City Planner Sherri Buss TOM AND LISA STANEK—VARIANCES FOR NEW CONSTRUCTION, CONTINUED The public hearing on the application oTom and Lisa Stanek for variances including lot size and lot setback to construct a new home on a vacant lot located at 19107 Layton Avenue was continued from the September2fldeeting. Administrator H urt gave a sumhry of a meeting held on September 23rd for the purpose of discussing the, 'ng-term status of the 201 collector system. The conclusions determined that the sewer system has capacity to serve the proposed new home. City Planner Buss presented the planner's report which recommended approval of the variances with findings and conditions`which were incorporated into a draft resolution. Commissioner Schwarz asked for clarification that lot coverage does not exceed 25% and the building height is less than 35 feet. Building Official Thorp confirmed that the proposed construction meets the ordinance. Commissioner Krinke asked for details which lessened the lot coverage from a previous submission. The Applicant's builder explained that the driveway was narrowed, the size of the garage reduced and the permeable paver issue resolved. Lot coverage is under 25%. Commissioner Maefsky asked if the drainage issue has been considered, as neighboring property owner Brad Bergo felt a structure on this lot would lead to flooding onto his property. Mr. Scandia City Council November 5,2008 Page 4 of 6 Stanek replied that topographical maps show that natural drainage will not be altered. Installation of rain gardens will enhance the drainage. Commissioner Schwarz asked for confirmation that the house will be above the OHW, which Stanek's architect confirmed. Chairman Ness opened the public hearing. Liz Kramer, 19126 Layton Avenue: Ms. Kramer addressed a comment to Mr. Stanek which Chairman Ness ruled to be out of order. Brad Bergo, 19123 Layton Avenue: Mr. Bergo asked for an explanation of lot coverage calculations. Planner Buss stated that coverage is determined electronically and does not exceed 25%. Chairman Ness closed the public hearing. Commissioner Schwarz moved to approve draft Resolution 11-05-08-04 Approving the Variance Request for 19107 Layton Avenue. For purpose of discifssion, Chairman Ness seconded the motion. Chairman Ness stated that he was opposed togranting the variances for new construction. He felt this would set a precedent for future,new construcon, and cited that in the past, most variances were granted to lots which alreadyalreadir hh4txisting}'Structures. Commissioner Maefsky also stated ol k R: on,ase applicant was aware of the small lot size when he purchased it, and does not eel that a hardship can be justified. Commissioner Maefsky stated concerns of the iuestionable capacity of the 201 sewer system, and cited a letter submitted by David Berg which questioned how development can be allowed on a substandard lot. Commissioner 1todsjo stated o sition due to the potential detrimental effects new construction could have on lake quality, and; at the owner was aware of the small lot size when purchased. Commissioner Krinke, also opposed, felt this was too much house for too little of a lot. The magnitude of the variance request for lot size, near 90%, is not reasonable. This is an example of a large house being shoehorned into a small lot. Protection of lakes and streams should factor into the Commission's decision. Chairman Ness asked for a vote on Commissioner Schwarz's motion to approve the variance request. Voting yes: Schwarz. Voting no: Rodsjo, Ness, Maefsky, Krinke. Motion failed. Chairman Ness, seconded by Commissioner Krinke, moved to recommend to the City Council to deny draft Resolution 11-05-08-04 with the following findings: 1) It is a vacant lot with no pre- existing structure; 2) The size of the lot was known when purchased; 3) There is potential negative impact to lake quality; and 4) The size of the house is too large for the small lot. Voting yes: Rodsjo, Ness, Maefsky, Krinke. Voting no: Schwarz. Motion passed. Scandia City Council November 5,2008 Page 5 of 6 The council discussed the Planning Commission's recommendation to deny the variance request. Councilmember Peterson stated that she agrees with the Planning Commission's decision to deny the request as the small lot has been assessed for property tax purposes as unbuildable and connecting into the 201 sewer system may lead to future problems. Councilmember Crum asked for City Attorney Hebert's advice on this matter. Hebert explained that this is a reasonable use of property and the variance request is similar to other lots on the lake that received approval. The meeting of September 23rd with Washington County verifies that there is space on the 201 sewer system for future hook-ups. In addition, being that the lot was in separate ownership, it meets the qualifications of a legal non-conforming lot. The findings given by the Planning Commission for denial may not be defensible in court. Councilmember Yehle stated that this variance request for lot size and setbacks is similar to approved requests granted to surrounding lots. Best Management Practices to control run-off can minimize impact to the lake. Research has verified that the 201 system does have capacity for additional hook-ups. The applicants have complied with re9uests to alter the house plans to fit into the neighborhood. For these reasons, Councilmember ehle sees no reasons to deny the variance request. Councilmember Crum stated that even though 1. this . slake poor planning from years ago when initially platted, the intent was to consider this ...bin�dable lot, and cannot find sufficient reason for denial. � ..., Councilmember Harnetty stated his view that the 201 sewer system appears robust and able to accommodate additional hook-ups.°A point was made earlier that there is no such thing as an unbuildable lot once rtam conditions are met. The Planning Commission's findings appear thin and may not hold up in court. Mayor Seefeldt`sees this varianhe;request as consistent with those necessary for this neighborhood. The applicant did downsize from the earlier submission and has BMP's such as raingardens in place to manage"stormwater runoff The owners paid a full assessment on the road project in 1998, which then classified the lot as buildable. It would be on thin ice to deny this variance request. Mayor Seefeldt suggested a few additions to the conditions of the draft resolution, including working with the city and watershed district to install landscaping for screening and stormwater management. An easement shall be granted to allow for inspection and maintenance to any BMPs. If necessary, the cost of maintenance shall be assessed back to the landowner. Councilmember Yehle, seconded by Councilmember Harnetty, moved to adopt Resolution 11- 05-08-04 Approval of Variance Request for 19107 Layton Avenue as amended. Voting yes: Crum, Seefeldt, Harnetty, Yehle. Voting no: Peterson. Motion passed. Scandia City Council November 5,2008 Page 6 of 6 JIM AND NANCY HERMES —MINOR SUBDIVISION AND VARIANCE IN KIRKHILL ESTATES City Planner Buss summarized the request submitted by applicants Jim and Nancy Hermes. They have requested a minor subdivision to create two parcels, which also requires a variance to exceed the maximum 4 per 40 density for property located at 22577 Kirk Avenue. The property was once two separate lots as part of the Kirkhill Estates subdivision (Lots 6 and 7, Block 2) when platted in 1972. The two lots were combined into one 4.6 acre parcel in 1995 by the applicants for tax purposes. The proposed Parcels A and B are each 2.3 acres in size. Zoning regulations have changed since the original subdivision. Planner Buss recommended approval of both the minor subdivision and variance based on findings outlined in a draft resolution. Chairman Ness opened the public hearing. There were no comments and the hearing was closed. Commissioner Maefsky asked for clarification of the County's soil reports. Commissioner Schwarz asked for verification that therequest meets the minor subdivision ordinance. City Attorney Hebert stated that the request fits the intent of the ordinance. The Planning Commission recommended approval of the minor subdivision and variance request for Jim and Nancy Hermes. d.. e., Councilmember Harnetty, seconded by Couneilmemlier Peterson, moved to accept the recommendation of the Planning Commission {o. opt Resolution 11-05-08-05, Minor Subdivision and Variance Regyst for 22577 1 Avenue North. The motion passed unanimously. ,: , WILLOWBROOK COMM'l N.11 CHUReH-FINAL ACTION ON CUP The review period for WillowbrOok Community Church's application for a Conditional Use Permit for a place of worship on a 40 acre site west of 11262 Scandia Trail will expire on November 17,2008. The applicant hanot fulfilled the conditions outlined in Resolution 03-05- 08-03 which set criteria for approval of a CUP. A revised site plan was requested, along with screening, landscaping and lighting plans. Willowbrook Church appears to have abandoned their plan to construct a church a)tliis site. The Planning Commission recommended adoption of a resolution denying the CUP application. Councilmember Peterson, seconded by Councilmember Crum, moved to accept the recommendation of the Planning Commission to adopt Resolution 11-05-08-06, Denying Application by Willowbrook Church for a Conditional Use Permit. The motion passed unanimously. Councilmember Yehle, seconded by Councilmember Peterson, moved to adjourn. The meeting adjourned at 8:40 p.m. Respectfully submitted, Brenda Eklund, Deputy Clerk SCAN L ,. /, ,awr, City of Scandia Treasurer's Report October 31, 2008 Beginning Balance 10/01/08 1,258,735.06 Receipts 123,010.16 Expenditures 456,865.28 Payroll 19,957.39 -476,822.67 Adjustments: Safe Box -35.00 Duplicate Exp. Entry +197.87 Ending Balance 10/31/08 905,085.42 Submitted by: Colleen Firkus, Treasurer SCANDIA 2008 CASH BALANCES AT END OF MONTH FUND JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER 101 GENERAL 396,088 279,159 152,070 77,088 -12,296 -53,728 516,794 444,579 351,258 223,334 301 DEBT SERVICE 544,454 544,454 549,362 500,810 500,810 500,810 700,834 705,678 458,596 220,466 401 CAPITAL IMPR 207,796 207,796 206,562 191,717 190,752 190,115 202,682 200,593 200,103 199,081 403 SANCTUARY RD IMPR 11,163 404 PARK CAP IMPR 45,395 41,562 34,430 34,430 34,430 34,430 37,430 34,929 34,929 32,935 406 EQUIPMENT REPLACEMENT 33,820 9,732 9,732 9,732 9,732 9,732 9,732 8,390 48,390 48,390 602 201 SEWER 128,809 105,485 114,354 117,781 117,611 116,252 122,484 108,009 112,474 116,567 801 ESCROW 56,550 56,550 57,550 58,300 57,050 57,800 59,550 43,050 49,300 49,300 TOTAL 1,412,912 1,244,740 1,124,059 989,858 898,090 855,411 1,649,506 1,545,227 1,255,049 901,236 CITY OF SCANDIA *Expenditure Guideline Summary© Current Period:October 2008 YTD YTD MTD Enc % Description Budget Amount Amount Current Balance of Budget Fund 101 GENERAL FUND Dept 41000 Administration&Finance $342,762 00 $280,858.41 $21.765 00 $0 00 $61,903.59 81 94% Dept 41110 City Council $18,713 00 $13,809 54 $0.00 $0.00 $4,903 46 73.80% Dept 41410 Elections $5,770.00 $2,875,23 $92.41 $0 00 $2,894.77 49.83% Dept 41910 Planning&Building $170,244 00 $178,831 32 $7,361.72 $0.00 -$8,587.32 105 04% Dept 42100 Police $101,883.00 $96,006.46 $48,869.10 $0.00 $5,876.54 94 23% Dept 42200 Fire Dept $312,222.00 $309,887.42 $87,500.92 $0.00 $2,334.58 99.25% Dept 43000 Public Works $588,475.00 $321,725.53 $24,473 16 $0.00 $266,749.47 54.67% Dept 43210 Sewer& Water $3,330 00 $2,574 66 $52.49 $0 00 $755.34 77.32% Dept 45000 Parks&Recreation $45,922.00 $29,074.42 $798.65 $0.00 $16,847.58 63 31% Dept 45180 Community Center $52,926.00 $38,890.21 $3,396.65 $0 00 $14,035 79 73.48% Dept 48000 Capital Improvements $0 00 $0.00 $0.00 $0.00 $0.00 0.00% Fund 101 GENERAL FUND $1,642,247.00 $1,274,533.20 $194,310.10 $0.00 $367,713.80 77.61% Fund 302 BLACKTOP PROJECT 2002 $209,561 00 $209,561.25 $209,561.25 $0 00 -$0.25 100.00% Fund 304 BLACKTOP PROJECT 2004 $255,240.00 $255,240.00 $255,240.00 $0 00 $0.00 100.00% Fund 307 BLACKTOP PROJECCT 2007 $305,163.00 $305,162.50 $305,162 50 $0.00 $0 50 100 00% Fund 310 FIREHALUPUBLIC WORKS BOND $121,135.00 $20,970.50 $20,970.50 $0.00 $100,164.50 17.31% Fund 401 CAPITAL IMPROVEMENTS $45,600.00 $21,282.26 $1,021.35 $0 00 $24,317 74 46.67% Fund 403 SANCTUARY $0.00 $1,211.73 $1,211 73 $0 00 -$1,211 73 0.00% Fund 404 PARK ACQUISITION AND DEV $14,000.00 $16,486.41 $1,994.00 $0.00 -$2,486 41 117.76% Fund 406 EQUIPMENT REPLACEMENT $0 00 $25,430 36 $0.00 $0 00 -$25,430.36 0.00% Fund 602 201 SEWER FUND $51,594.00 $56,754.59 $697.51 $0.00 -$5,160.59 110.00% Report Total $2,644,540.00 $2,186,680.80 $476,815.94 $0.00 $457,859.20 82.69% CITY OF SCANDIA Payments 11/14/08 2:54 PM .� Page 1 SCANDIA m i n n e s o t a Current Period: November 2008 Batch Name 11-18-08 User Dollar Amt $76,909.89 Payments Computer Dollar Amt $76,909.89 $0.00 In Balance Refer 1839 AMERIPRIDE LINEN&APPAREL S Cash Payment E 101-45180-210 Operating Supplies&Eq Community Center Supplies $117.15 Invoice M705470-1008 Cash Payment E 101-45180-210 Operating Supplies&Eq Community Center Supplies $168.70 Invoice M024276-1008 Cash Payment E 101-45180-210 Operating Supplies&Eq Community Center Supplies $230.85 Invoice M732209-1008 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $516.70 Refer 1840 ANIMAL HUMANE SOCIETY Cash Payment E 101-41000-314 Animal Control 3rd Qrt Impound Charges $246.22 Invoice 10-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $246.22 Refer 1863 BECCHETTI, TED _ Cash Payment E 101-41410-199 Election Judge Election Judge $69.75 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $69.75 Refer 1841 BONESTROO _ Cash Payment E 101-43000-303 Engineering Fees General Engineering $3,198.25 Invoice 162082 Cash Payment E 101-43000-303 Engineering Fees Big Marine Lake Development $5,354.02 Invoice 162083 Cash Payment E 403-48000-303 Engineering Fees The Sanctuary $5,000.02 Invoice 162084 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $13,552.29 Refer 1862 CARLSON, MICHELLE _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1842 CENTURY FENCE - Cash Payment E 401-48000-530 Captital lmpr Other Than Ice Rink-Chain link fencing $2,790.00 Invoice 9302C00 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $2,790.00 Refer 1856 CHISHOLM, KIMBERLY _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1843 CONNEXUS ENERGY - Cash Payment E 101-43210-381 Utilities-Electric&Gas Rasmussen house $24.17 Invoice 10-28-08 Cash Payment E 101-45000-381 Utilities-Electric&Gas Hay Lake Shelter $14.11 Invoice Cash Payment E 602-43210-381 Utilities-Electric&Gas 201 System $23.30 Invoice CITY OF SCANDIA 11/14/08 2:54 PM vtiA Page 2 Payments e` SCANDIA DIA in i n n c s o t a Current Period: November 2008 Cash Payment E 101-43000-387 Street Light Utilities Wyldewood Acres $69.02 Invoice Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $130.60 Refer 1866 DANINGER, FLORENCE _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1844 DIAMOND MOWERS,INC. - Cash Payment E 101-43000-210 Operating Supplies&Eq Mower belt $58.84 Invoice 37778 Cash Payment E 101-43000-210 Operating Supplies&Eq Mower cutters and pins $146.89 Invoice 37750 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $205.73 Refer 1872 ECM PUBLISHERS,INC. - Cash Payment E 101-41410-351 Legal Notices Publishing Notice of Election $93.75 Invoice IT00122848 Cash Payment E 101-41410-351 Legal Notices Publishing Sample Ballot $300.00 Invoice IT00122849 Cash Payment E 101-41910-351 Legal Notices Publishing Hermes Minor Sub $31.25 Invoice IT00122890 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $425.00 Refer 1845 EMERGENCY MEDICAL PRODUCT _ Cash Payment E 101-42200-209 Medical Supplies Medical Supplies $141.27 Invoice 1110953 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $141.27 Refer 1875 FAIRMONT FIRE SYSTEMS Cash Payment E 101-45180-401 Builiding Maintenance/R Fire Extinguisher Maintenance $190.46 Invoice 36716 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $190.46 Refer 1876 FARM PLAN - Cash Payment E 101-43000-210 Operating Supplies&Eq Mower belt $81.04 Invoice 33506 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $81.04 Refer 1846 FEARING,DOLORES - Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-4-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1873 FIRE ENGINEERING - Cash Payment E 101-42200-433 Dues and Subscriptions Subcriptions $139.65 Invoice 10-17-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $139.65 Refer 1874 FOREST LAKE CABLE COMMISSIO _ Cash Payment E 101-41000-437 Cable TV Franchise 3rd Qrt Franchise Fee $1,241.16 Invoice 11-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $1,241.16 CITY OF SCANDIA 11/14/08 2:54 PM *_ .� Page 3 w A��; T T Payments SCANDIA to i n n e s o t o Current Period:November 2008 Refer 1861 FREIER,JONI _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Cash Payment E 101-41410-199 Election Judge Election Judge $22.50 Invoice 11-01-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $90.00 Refer 1877 FRONTIER - Cash Payment E 101-43000-321 Telephone Public Works $62.33 Invoice 6514335223 Cash Payment E 101-41910-321 Telephone Building Dept. $75.71 Invoice 6514335762 Cash Payment E 101-41000-321 Telephone City Hall $206.86 Invoice 6514332274 Cash Payment E 602-43210-321 Telephone 201 Dialer $74.00 Invoice 6514332274 Cash Payment E 101-42200-321 Telephone Firehall $140.76 Invoice 6514334383 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $559.66 Refer 1852 FUNNI,PATTI _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1878 FXL,INC. - Cash Payment E 101-41000-300 Assessor Assessor Services $1,500.00 Invoice 11-2008 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $1,500.00 Refer 1880 GOPHER STATE ONE-CALL INC _ Cash Payment E 101-43000-210 Operating Supplies&Eq Locator Tickets $15.95 Invoice 8100816 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $15.95 Refer 1868 GROTHE,PATRICIA - Cash Payment E 101-41410-199 Election Judge Election Judge $69.75 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $69.75 Refer 1879 GUARDIAN PEST CONTROL Cash Payment E 101-42200-401 Builiding Maintenance/R Pest Control Service $230.58 Invoice 800111 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $230.58 Refer 1847 HARVIEUX,JUDITH _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Cash Payment E 101-41410-199 Election Judge Election Judge $22.50 Invoice 11-01-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $90.00 Refer 1881 HAUGLIES INC.. CITY OF SCANDIA 11/14/082:54 PM vk n Page 4 Payments SCANDIA m i n n e s o t a Current Period:November 2008 Cash Payment E 101-42200-223 Building Repair&Suppli Fire Dept-carpeting $1,020.00 Invoice 945 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $1,020.00 Refer 1884 HEBERT,WELCH,HUMPHREYS, P Cash Payment E 101-41000-304 Legal Fees Prosecution Fees $1,023.00 Invoice 15098 Cash Payment E 101-41000-304 Legal Fees Legal Fees $1,922.00 Invoice 15100 Cash Payment E 403-48000-304 Legal Fees The Sanctuary $229.50 Invoice 15100 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $3,174.50 Refer 1885 HERITAGE EMBROIDERY - Cash Payment E 101-45000-210 Operating Supplies&Eq Taco Daze Dodgeball T-shirts $536.00 Invoice 85519 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $536.00 Refer 1857 HERMES,NANCY - Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1858 HOGLE, GARY _ Cash Payment E 101-41410-199 Election Judge Election Judge $72.00 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $72.00 Refer 1855 HOGLE,JAN _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1867 HOHEISEL,RONALD Cash Payment E 101-41410-199 Election Judge ElectionJudge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1882 HULLEMAN,MARY _ Cash Payment E 101-41410-199 Election Judge Head Election Judge $239.25 Invoice 11-04-08 Cash Payment E 101-41410-199 Election Judge Mileage $23.40 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $262.65 Refer 1883 HURLBURT,ANNE Cash Payment E 101-41000-331 Travel Expenses Mileage $216.45 Invoice 11-5-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $216.45 Refer 1886 ICMA - Cash Payment E 101-41000-433 Dues and Subscriptions City/County Mgmt. Dues $661.44 Invoice 1-2009 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $661.44 CITY OF SCANDIA 11/14/08 2:54Patge PM5 Payments SCANDIA m i n n e s o t a Current Period:November 2008 Refer 1887 KERTZSCHER,ERICH Cash Payment E 101-42200-210 Operating Supplies&Eq Meal for Dive Training $68.09 Invoice 10-24-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $68.09 Refer 1854 LAPLANTE, MISHA - Cash Payment E 101-41410-199 Election Judge Election Judge $76.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $76.50 Refer 1853 LARSON,DONNA Cash Payment E 101-41410-199 Election Judge Election Judge $40.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $40.50 Refer 1865 LAWRENCE, SALLY - Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Cash Payment E 101-41410-199 Election Judge Election Judge $22.50 Invoice 11-01-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $90.00 Refer 1888 LOFFLER COMPANIES, INC. Cash Payment E 101-41000-413 Office Equipment Rental Copier Lease $181.48 Invoice 110566171 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $181.48 Refer 1895 MACQUEEN EQUIPMENTINC. _ Cash Payment E 101-43000-210 Operating Supplies&Eq Belt gates $61.04 Invoice 2085919 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $61.04 Refer 1851 MAILE,BARBARA _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1849 MARTA,LISA - Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1896 MENARDS Cash Payment E 101-45180-223 Building Repair&Suppli Flourescent bulbs $18.08 Invoice 80482 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $18.08 Refer 1890 MFSCB Cash Payment E 101-42200-317 Employee Training Fire Certification $150.00 Invoice 110608 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $150.00 Refer 1889 MIDWEST FIRE&RESCUE SUPPL _ Cash Payment E 101-42200-210 Operating Supplies&Eq Fire hoses $745.13 Invoice 183 CITY OF SCANDIA t;; 11/14/08 2:54 PM A Page 6 lai�` Payments SCANDIA ,Xitillkaammilvillf Current Period:November 2008 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $745.13 Refer 1891 MILBRANDT ENTERPRISE _ Cash Payment E 101-45180-401 Builiding Maintenance/R Community Center Maintenance $1,238.30 Invoice 401-47 Cash Payment E 101-42200-401 Builiding Maintenance/R Firehall Maintenance $202.83 Invoice 404-47 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $1,441.13 Refer 1893 MINNESOTA LIFE INSURANCE CO. _ Cash Payment E 101-41000-134 Employer Paid Life Hurlburt Life $3.70 Invoice 11-2008 Cash Payment E 101-41910-134 Employer Paid Life Thorp $3.70 Invoice Cash Payment G 101-21710 Suppl.Life Ins.Employee Pa Thorp Supplemental $2.40 Invoice Cash Payment E 101-41000-134 Employer Paid Life Morrison $3.70 Invoice Cash Payment E 101-43000-134 Employer Paid Life Egelkraut $3.70 Invoice Cash Payment G 101-21710 Suppl.Life Ins.Employee Pa Egelkraut Supplemental $4.10 Invoice Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $21.30 Refer 1892 MN NCPERS LIFE INSURANCE _ Cash Payment E 101-41000-134 Employer Paid Life Office Staff Life $48.00 Invoice 11-2008 Cash Payment E 101-41910-134 Employer Paid Life Thorp Life $16.00 Invoice Cash Payment E 101-43000-134 Employer Paid Life Public Works Life $32.00 Invoice Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $96.00 Refer 1900 NEXTEL COMMUNICATIONS - Cash Payment E 101-41000-321 Telephone Admin cell $48.38 Invoice 721650231-040 Cash Payment E 101-41910-321 Telephone Building cell $48.38 Invoice Cash Payment E 101-42200-321 Telephone Fire Dept.cell $193.52 Invoice Cash Payment E 101-43000-321 Telephone Public Works cell $145.14 Invoice Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $435.42 Refer 1848 NICKELSON,LINDA _ Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1897 NORTH MEMORIAL EMS EDUCATI - Cash Payment E 101-42200-310 Medical Training First Responder Refresher $240.00 Invoice PSA119 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $240.00 CITY OF SCANDIA 11/14/08 2:54 PM Page 7 Payments SCANDIA m_1 n n e s o t a , Current Period: November 2008 Refer 1898 OFFICEMAX CONTRACT, INC. Cash Payment E 101-41910-200 Office Supplies Building Dept supplies $37.55 Invoice 940199 Cash Payment E 101-41000-200 Office Supplies Office supplies $146.11 Invoice 940199 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $183.66 Refer 1901 OFFICEMAX _ Cash Payment E 101-41000-200 Office Supplies Office supplies $25.06 Invoice 0794000016977 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $25.06 Refer 1899 OLSONS SEWER SERVICE Cash Payment E 101-42200-385 Sewer Pumping&Maint Pumping-fire $144.60 Invoice 72369 Cash Payment E 101-43000-385 Sewer Pumping&Maint Pumping-public works $96.40 Invoice 72369 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $241.00 Refer 1902 PARAGON PRODUCTS OF TAYLO Cash Payment E 101-43000-210 Operating Supplies&Eq Shop Supplies $203.20 Invoice 8178 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $203.20 Refer 1903 PETERSON EXCAVATING Cash Payment E 101-43000-405 Contractual Road Maint/ Grading Services $660.00 Invoice 5218 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $660.00 Refer 1871 PRATT, BEVERLY Cash Payment E 101-41410-199 Election Judge Election Judge $36.00 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $36.00 Refer 1869 RUSSELL-REED,SANDRA _ Cash Payment E 101-41410-199 Election Judge Election Judge $69.75 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $69.75 Refer 1860 RYDEEN,JUDITH _ Cash Payment E 101-41410-199 Election Judge Election Judge $72.00 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $72.00 Refer 1864 SAVINO,SANDRA _ Cash Payment E 101-41410-199 Election Judge ElectionJudge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1905 SCANDIA STORE - Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Dept. Dinner $121.11 Invoice 773459 Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Dept Open House $870.22 Invoice 773456 CITY OF SCANDIA 11/14/082:54 PM Page 8 A �` Payments SCANDIA m i n n e s o t a Current Period:November 2008 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $991.33 Refer 1907 SECURITY STATE BANK Ck#000013E 11/14/2008 Cash Payment E 101-41000-319 Other Services Safety Deposit Box Rent $35.00 Invoice 11-18-08 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $35.00 Refer 1904 SRC, INC. _ Cash Payment E 101-42200-384 Refuse/Garbage Disposa Firehall $20.10 Invoice 11-5-08 Cash Payment E 101-43000-384 Refuse/Garbage Disposa Public Works $13.39 Invoice Cash Payment E 101-45000-384 Refuse/Garbage Disposa Lighted Ballfield $63.63 Invoice Cash Payment E 101-45180-384 Refuse/Garbage Disposa Community Center $125.59 Invoice Cash Payment E 101-45000-384 Refuse/Garbage Disposa Log House Landing $88.75 Invoice Cash Payment E 101-41000-430 Recycling November Recycling $2,320.50 Invoice 11-7-08 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $2,631.96 Refer 1906 SW/WC SERVICE COOPERATIVE _ Cash Payment E 101-41000-131 Employer Paid Health Hurlburt Medical $272.00 Invoice 12-08 Cash Payment E 101-41000-131 Employer Paid Health Eklund Medical $272.00 Invoice Cash Payment E 101-41910-131 Employer Paid Health Thorp Medical $272.00 Invoice Cash Payment E 101-43000-131 Employer Paid Health Morrison Medical $697.60 Invoice Cash Payment G 101-21706 Accrued Medical Ins Morrison Contribution $174.40 Invoice Cash Payment E 101-43000-131 Employer Paid Health Egelkraut Coverage $697.60 Invoice Cash Payment G 101-21706 Accrued Medical Ins Egelkraut Contribution $174.40 Invoice Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $2,560.00 Refer 1870 SWEENEY KEES, VERONA - Cash Payment E 101-41410-199 Election Judge Election Judge $72.00 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $72.00 Refer 1908 T.A. SCHIFSKY&SONS, INC. Cash Payment E 403-48000-530 Captital Impr Other Than 1st and Final Payment-The Sanctuary $24,472.06 Invoice 11-12-2008 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $24,472.06 Refer 1909 TKDA Cash Payment E 101-41910-312 Planning Services General Planning $39.36 Invoice 200804459 CITY OF SCANDIA 11/14/08 2:54 PM ti "� .� Page 9 ` Payments SCANDIA m i n n e s_o t a Current Period:November 2008 Cash Payment E 101-41910-312 Planning Services Bracht AOP $954.36 Invoice 200804461 Cash Payment E 101-41910-312 Planning Services Dresel AOP $910.37 Invoice 200804462 Cash Payment E 101-41910-312 Planning Services Tiller AOP $2,113.01 Invoice 200804463 Cash Payment E 101-41910-312 Planning Services Hermes Minor Sub $1,408.78 Invoice 200804464 Cash Payment E 101-41910-312 Planning Services Hermes Minor Sub $39.36 Invoice 200803995 Cash Payment E 101-41910-312 Planning Services General Planning $315.00 Invoice 200803986 Cash Payment E 101-41910-312 Planning Services Tiller AOP $686.95 Invoice 200803987 Cash Payment E 101-41910-312 Planning Services Dresel AOP $573.90 Invoice 200803988 Cash Payment E 101-41910-312 Planning Services Bracht AOP $518.42 Invoice 200803989 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $7,559.51 Refer 1910 TODDS HOME CENTER _ Cash Payment E 101-43000-212 Fuel Fuel $790.90 Invoice 10-31-08 Cash Payment E 101-43000-210 Operating Supplies&Eq Supplies $33.15 Invoice Cash Payment E 101-41910-212 Fuel Fuel-Building Dept. $40.01 Invoice Cash Payment E 101-45000-212 Fuel Fuel-Rink $12.13 Invoice Cash Payment E 101-45000-210 Operating Supplies&Eq Supplies-Rink $14.98 Invoice Cash Payment E 101-42200-212 Fuel Fuel-Fire Dept. $376.34 Invoice Cash Payment E 101-42200-223 Building Repair&Suppli Supplies-Fire Dept. $19.93 Invoice Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $1,287.44 Refer 1859 TUOMI, SUSAN _ Cash Payment E 101-41410-199 Election Judge Election Judge $81.00 Invoice 11-04-08 Cash Payment E 101-41410-199 Election Judge Election Judge $22.50 Invoice 11-01-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $103.50 Refer 1912 UNION SECURITY INSURANCE CO Cash Payment E 101-41000-135 Employer Paid Disability Hurlburt LTD $51.10 Invoice 11-08 Cash Payment E 101-41910-135 Employer Paid Disability Thorp LTD $31.70 Invoice Cash Payment E 101-43000-135 Employer Paid Disability Morrison LTD $59.40 Invoice 1g4 CITY OF SCANDIA 11/14/08 2:54 PM Page 10 Payments SCANDIA DIA m 1 n n c s o t a Current Period:November 2008 Cash Payment E 101-43000-135 Employer Paid Disability Egelkraut LTD $51.10 Invoice Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $193.30 Refer 1911 V.I.P. PEST CONTROL Cash Payment E 101-45180-401 Builiding Maintenance/R Oct.Pest Control $34.16 Invoice 6400 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $34.16 Refer 1913 WASHINGTON CO.PUBLIC HEALT - Cash Payment E 101-45180-334 License/CDL Community Center License Renewal $625.00 Invoice 2009 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $625.00 Refer 1850 WASKEY, DALENE - Cash Payment E 101-41410-199 Election Judge Election Judge $67.50 Invoice 11-04-08 Transaction Date 11/13/2008 SECURITY STATE B 10100 Total $67.50 Refer 1914 XCEL ENERGY Ck#000014E 11/14/2008 Cash Payment E 101-42200-381 Utilities-Electric&Gas Fire Siren $3.27 Invoice 171548633 Cash Payment E 101-45000-381 Utilities-Electric&Gas Ballfield $63.75 Invoice 172368322 Cash Payment E 602-43210-381 Utilities-Electric&Gas Bliss LS 3&4 $33.83 Invoice 172370337 Cash Payment E 101-43000-381 Utilities-Electric&Gas Maintenance Garage $38.18 Invoice 172522581 Cash Payment E 101-45180-381 Utilities-Electric&Gas Annex Electric $36.74 Invoice 172525769 Cash Payment E 101-45180-381 Utilities-Electric&Gas Annex Gas $27.22 Invoice 172561606 Cash Payment E 602-43210-381 Utilities-Electric&Gas Bliss LS 2 $31.93 Invoice 172517812 Cash Payment E 101-42200-381 Utilities-Electric&Gas Firehall $348.72 Invoice 172532438 Cash Payment E 101-43000-381 Utilities-Electric&Gas Public Works $232.47 Invoice 172532438 Cash Payment E 101-45000-381 Utilities-Electric&Gas Warming House $107.35 Invoice 172518533 Cash Payment E 101-45180-381 Utilities-Electric&Gas Community Center $594.77 Invoice 173032867 Cash Payment E 602-43210-381 Utilities-Electric&Gas LS#1 $16.42 Invoice 302519740 Cash Payment E 101-43000-387 Street Light Utilities Uptown Streetlights $222.03 Invoice 302785259 Cash Payment E 101-43210-381 Utilities-Electric&Gas Uptown Sewer $10.49 Invoice 303033579 Cash Payment E 101-43000-381 Utilities-Electric&Gas Flashing Light $30.83 Invoice 303328935 Cash Payment E 101-45000-381 Utilities-Electric&Gas Aerator $8.52 Invoice 303682735 y.s CITY OF SCANDIA 11/14/08 2:54 PM sr � ,s Page 11 Payments SCANDIA. m i n n c s o t a_: Current Period:November 2008 Cash Payment E 101-43000-387 Street Light Utilities Streetlights $276.42 Invoice 173712937 Transaction Date 11/14/2008 SECURITY STATE B 10100 Total $2,082.94 Fund Summary 10100 SECURITY STATE BANK 101 GENERAL FUND $44,238.83 401 CAPITAL IMPROVEMENTS $2,790.00 403 SANCTUARY $29,701.58 602 201 SEWER FUND $179.48 $76,909.89 Pre-Written Check $2,117.94 Checks to be Generated by the Compute $74,791.95 Total $76,909.89 (,) 0,4 4171 v, v, CITY OF SCANDIA 11/18/08 2:09 PM Page 1 • PaymentsI— SCANDIA m i a n c s o t „• Current Period: November 2008 Batch Name 11-18-08supp User Dollar Amt $127,294.78 Payments Computer Dollar Amt $127,294.78 $0.00 In Balance Refer 1918 NEOFUNDS BY NEOPOST Cash Payment E 101-41000-322 Postage Postage $300.00 Invoice 10-22-08 Transaction Date 11/18/2008 SECURITY STATE B 10100 Total $300.00 Refer 1917 SELECT ACCOUNT Cash Payment E 101-41000-131 Employer Paid Health Hurlburt HSA $100.00 Invoice 11-2008 Cash Payment E 101-41910-131 Employer Paid Health Thorp HSA $100.00 Invoice Cash Payment E 101-43000-131 Employer Paid Health Morrison HSA $100.00 Invoice Cash Payment G 101-21706 Accrued Medical Ins Morrison Contribution $310.00 Invoice Cash Payment E 101-43000-131 Employer Paid Health Egelkraut HSA $100.00 Invoice Cash Payment G 101-21706 Accrued Medical Ins Egelkraut Contribution $200.00 Invoice Transaction Date 11/18/2008 SECURITY STATE B 10100 Total $910.00 Refer 1919 US BANK Cash Payment E 310-47000-601 Long Term Debt Principa Final payment of 2000 Building Bond $80,000.00 Invoice 33380390 Cash Payment E 310-47000-611 Long Term Debt Interest Bond Interest $20,567.50 Invoice Transaction Date 11/18/2008 SECURITY STATE B 10100 Total $100,567.50 Refer 1920 WASHINGTON CO.PUBLIC HEALT Cash Payment E 602-43210-386 201 Operation&Mainten Bliss Operation,Mgmt. $17,639.93 Invoice 3rd Quarter 08 Cash Payment E 602-43210-386 201 Operation&Mainten Anderson/Erickson Operation,Mgmt. $7,877.35 Invoice Transaction Date 11/18/2008 SECURITY STATE B 10100 Total $25,517.28 Itt CITY OF SCANDIA 11/18/08 2:09 PM ,l'ii,,. 9 Pa e 2 Payments c SCAN DIA. m i n n c s o i s Current Period:November 2008 Fund Summary 10100 SECURITY STATE BANK 101 GENERAL FUND $1,210.00 310 FIREHALL/PUBLIC WORKS BOND $100,567.50 602 201 SEWER FUND $25,517.28 $127,294.78 Pre-Written Check $0.00 Checks to be Generated by the Compute $127,294.78 Total $127,294.78 Meeting Date: 11/18/2008 Agenda Item: j City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651)433-2274 Action Requested: Approve hiring of part-time seasonal parks staff for the 2007-2008 ice skating season. Deadline/ Timeline: Staffing should be completed by December 1; tentative opening date for the rink will be in mid-December. Background: • Each year the warming house is staffed by seasonal Ice Rink (Park) Attendants, supervised by a Skating Manager. The City also hires a seasonal Ice Rink Maintenance Worker. Job descriptions were updated and approved prior to last season. • John Beattie will return as Skating Manager, and Mike White will return as Ice Rink Maintenance Worker. • Skating Manager Beattie has recommended hiring 5 rink attendants. The starting pay is recommended to remain the same as for the 2007-2008 season, $8.59 per hour. Experienced attendants would receive an additional $.25 per hour for each prior year of experience ($8.84 for a second-year attendant and $9.09 for a third-year attendant.) • The 2008 pay rate for the Skating Manager is $10.56 per hour. The 2008 pay rate for the Maintenance Worker is $12.49 per hour. These rates will be considered for a 2009 adjustment along with all pay rates in December. Recommendation: I recommend that the Council approve the hiring of the following part-time seasonal parks staff for 2008-2009: Name: Position: Pay Rate: John Beattie Skating Supervisor $10.56 Mike White Maintenance Worker $12.49 Alexander Ginis Attendant $9.09 Heidi Merrier Attendant $9.09 Ryan Jolicour Attendant $8.84 Laurie Tomnitz Attendant $8.84 Tanae Swenson Attendant $8.59 Attachments/ None Materials provided: Contact(s): John Beattie, Ice Skating Manager Prepared by: Anne Hurlburt, Administrator (Ice rink staff 08-09) Page 1 of 1 11/12/08 Meeting Date: 11/18/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the following liquor licenses for 2009: 1) AJL Enterprises, Inc. dba Scandia Olde Towne Liquor (Renewal, Off-Sale) 2) Meister's Bar and Grill (Renewal, Combination On/Off-Sale, On-Sale Sunday) Deadline/ Timeline: • All annual licenses expire on December 31, 2008 Background: • All of these licenses are in conformance with Ordinance No. 93, adopted by the Council on January 2, 2007 with one exception. Meister's Bar and Grill is delinquent on a payment due the city for costs incurred in reviewing a conditional use permit application. • The Sheriff's Department has completed their investigations and found no issues with these licenses. Recommendation: I recommend that the Council approve the licenses. The license for Meister's should be approved contingent upon payment of all delinquent charges to the city. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (liquor license renewals) Page 1 of 1 11/13/08 Meeting Date: 11/18/2008 Agenda Item: 3 -' City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Tobacco Products Sales Licenses for 2009 for: 1) AJL Enterprises dba Scandia Olde Towne Liquor 2) Scandia Store & Deli Deadline/ Timeline: License period begins on January 1, 2008 and ends on December 31, 2008 Background: • The applications meet all the requirements of Ordinance No. 92 regulating the sale and use of tobacco products. License fees have been paid. • The Washington County Sheriff's Dept. conducts compliance checks on behalf of the City. There were no failures at these businesses in 2008, and the Sherriff's office found no reasons not to renew the licenses. • The County imposed its Recommendation: I recommend that the Council approve the licenses. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (tobacco license renewals) Page 1 of 1 11/13/08 Meeting Date: 11/18/2008 Agenda Item: y.s.) City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a utility permit for Frontier to install cable under Quality Tr N at 16115 Quality Tr N. The cable would be directionally bored to cross the street. Deadline/ Timeline: NA 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. • Utilities shall be installed to the City of Scandia's Utility/ROW requirements. Recommendation: Staff recommends that the Council approve the permit with the condition that Frontier complies with the City of Scandia's Utility/ROW requirements and pays the required permit fees. Attachments/ • Application from US Cable Materials provided: • Scandia Utility/ROW requirements Contact(s): Ron Winebarger, 651-257-1100 Prepared by: Steve Thorp, Code Official (Frontier) Page 1 of 1 11/13/08 UTILITY PERMIT APPLICATION 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) j Legal Description(attach if necessary) Property ID Number Type of Utility-General Description g41.- :�'O/1 5 f='mil ,—�' Contractor Name Address City State Zip Phone ( �,�s,,U�;«,� Zc//,,2> z;M/. Sys 1202- :5e; Describe Work and Submit Two(2) Copies of all Plans: ��/ ��C A/7jq///iC/- t Start date: Completion date: 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 ooermit in no way permits ets-which may be prohibited by other governmental agencies. r /) ,s/ /Sign rc 3 Applicant Date — FOR OFFICE USE ONLY PAID Fee Paid: NOV 1 . Z008 CITY OF SCANDIA Approved by Date: BURIED DROP DATA SHEET Faxed to Contractor Supervisor- Ron Winebarger(651) 257-1100 General Information: To be completed By Originator Date Customers Telephone# Customer Name Exch#blame Street# Street Name tity Appointment/Arrangements 16//5- CwxI4y 7r- 1 5ectridi<n /III New Drop Repury Replace A ial Temp,rop Placed Need Easement Permit Required —Y�N xY N —Y ICY —N —Y 1(N ICY N 1/ Bore Bore Footage Bore Type X Y —N /j — — (J Drwy XTownroad Hwy Sidewalk Estimated Length Lead# Term# SO#/DOR#/TT Pair Tagged at Term 350 ' 43 ?'r7 —Y N Technician Name: AJ/7 Technician Telephone Number: PLEASE COMPLETE THE FOLLOWING INFORMATION Nearest Intersecting Road Name: % ". ao 7 74 Distance and Direction from Nearest Intersecting Road: 5 7� /II,' ' Street Names: County: . ")-0 r` Circle One: LCIV Village Township Unincorporated Township: 3;1. Ra`ne: 2.0 Section: 2 V City: Known Utilities: Buried Power: )1' N Cable TV: —Y Natural Gas: xY N Other: )c Y N Specify: 0 t 9 d i'n) 4-0 , 4,_'5 es Location Sketch Drawing 1 © PI 5f Awy _ /939-7 rolls TO BE COMPLETED BY CONTRACTOR/BURIER Date&Time Received Estimated Bury Date Date Buried Placing Time Quantity Actual Footage Bore Footage Placed By Cutover Comp Cutover By Drop/Cutover Not Placed or Completed State Why Y N UTILITY/RIGHT OF WAY Requirements 1) Utilities shall be installed per City of Scandia Permit requirements. 2) No driveway or roadway shall be disturbed by any installation without prior approval. Specifics of roadway repairs shall be given at the time of application. All repairs shall be done to an equal or better than MNDOT specifications for the specific roadway being disturbed. 3) Crossing of existing paved areas or permanent erosion items shall be by directional boring. Utility locates must be called in to Gopher State One Call. Any and all damage done will be required to be repaired. 4) All disturbed turf areas shall be back-filled, compacted and restored to an equal or better condition within one week of their disturbance. All existing lawn areas shall be restored with quality lawn sod. New sod shall be maintained by the utility company for 30 days, and then it becomes the responsibility of the homeowner. No seeding of existing lawn areas will be allowed. 5) All mailboxes disturbed by the utility installation must be temporarily relocated without interruption of U. S. Mail services. All temporary relocations shall be coordinated with the postmaster and affected residents prior to commencement of construction activities. 6) Any settlements that occur after restoration is completed shall be corrected by the applicant. Trenching or boring under a roadway that causes settlement will be the responsibility of the applicant to correct. 7) Traffic Control and Devices and other protective measures shall conform to MMUTCD. 8) City of Scandia may have additional requirements beyond these stated. This permit may be revoked or have additional requirements added if determined at the time of installation. Scandia utility-row requirements Meeting Date: 11/18/2008 Agenda Item: M City Council Agenda Report City of Scandia 14727 209t" St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the Annual Operator's Permit (AOP) for the sand and gravel mining and processing operation of Tiller Corporation, 22303 Manning Trail. Deadline/ Timeline: 120-day review period ends December 29, 2008. The AOP will cover the mining season through December 31, 2009. Background: • This and other mining operations received their first Conditional Use Permits (CUPs) under the city's new Mining Ordinance in May, 2008. The CUP and the ordinance require issuance of an AOP for each operation. • The AOP application was initially considered by the Council at the September 16, 2008 meeting and tabled by the Council, and again considered at the November 5 meeting. At the November 5 meeting, Tiller answered some remaining concerns about ground water monitoring, and the Council directed that a resolution for approval be prepared for consideration at the November 18 meeting. Recommendation: The Council should adopt the attached draft resolution approving the AOP for Tiller Corporation. Attachments/ • Draft Resolution 11-18-08-01 Materials provided: Contact(s): Sherri Buss, TKDA (651 292-4582) Prepared by: Anne Hurlburt, Administrator (Mining AOP Tiller) Page 1 of 1 11/12/08 CITY OF SCANDIA RESOLUTION NO. 11-18-08-01 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF TILLER CORPORATION FOR SAND AND GRAVEL MINING AND PROCESSING WHEREAS, Tiller Corporation operates a sand and gravel mining and processing operation and asphalt hot-mix plant located on approximately 395 acres at 22303 Manning Avenue North, on property legally described as: The Southeast `/ of Section 7, in Township 32 North, of Range 20 West; and that part of the Southwest '/ of the Southwest '/ of Section 8, in Township 32 North, of Range 20 West, described as follows: Commencing at a point in the North line of said Southwest ''of the Southwest '' of said Section 8, 22 rods East of the Northwest corner thereof,thence West along said North line to the Northwest corner of said Southwest'A of the Southwest''',thence South along the West line of said Southwest '/of Southwest '' to the Southwest corner thereof,thence East along the South line of said Southwest ' of the Southwest '/ a distance of 42 rods to a point,thence Northwesterly in a straight line to the point of beginning;and also a strip of land 2 rods wide on the North side of said Southwest % of the Southwest '/,commencing 22 rods East of the Northwest corner thereof and extending to the Northeast corner thereof. That part of the South Half of the Northeast Quarter of Section 7,Township 32 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the Northwest corner of said South Half;thence Easterly along the North line of said South Half a distance of 1223.40 feet to the point of beginning;thence Southerly,parallel with the West line of said South Half,a distance of 1319.60 feet to the South line of said South Half; thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of said South Half;thence Northerly along the East line of said South Half a distance of 1317.76 feet to the Northeast corner of said South Half;thence Westerly along the North Line of said South Half a distance of 1422.96 feet to the point of beginning. Subject to 228th Street North along North line. That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast Quarter of the Southwest Quarter of Section 7,Township 32,Range 20,Washington County, Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in Book 312 of Deeds on pages 19 and 20. Subject to County Road 15A. Subject to easements of record. The North One-Half of the Southwest Quarter(N 1 of SW '/) and the Southeast Quarter of the Northwest Quarter(SE '/ of NW '/) all in Section 8, Township 32, Range 20. Resolution No.: 11-18-08-01 Page 2 of 4 Except: All that part of the Northeast Quarter of the Southwest Quarter(NE % of SW %)of Section 8,Township 32,Range 20,Washington County,Minnesota lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue). That part of the Southeast Quarter of the Southwest Quarter(SE '/ of SW '/) of Section 8, Township 32, Range 20 lying West of the public highway as the same now runs over and across said tract, except the North 2 rods thereof; and that part of the Southwest Quarter of the Southwest Quarter(SW 'A of SW '/) of Section 8, Township 32, Range 20 described as follows, to wit: Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter (SW %of SW %); thence Southeasterly in a straight line to a point 42 rods East of the Southwest corner of said Southwest Quarter of Southwest Quarter(SW '/ of SW '''A);thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter(SW '/ of SW '/),thence North to the Northeast corner of said Southwest Quarter of Southwest Quarter(SW % of SW %),thence West to the point of beginning,except the North 2 rods thereof,said tract. Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32,Range 20,Washington County,Minnesota,lying Westerly of the center line of County State Aid Highway No. 1,as the same is now laid out and traveled,said center line is described as follows; Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast corner thereof(for the purposes of this description,the South line of said Southeast Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West);thence Northerly along a curve concave to the West,having a radius of 2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds,a distance of 360.67 feet,the chord of said curve bears North 14 degrees 39 minutes 10 seconds West;thence North 18 degrees 15 minutes 34 seconds West, tangent to said curve,a distance of 282.59 feet;thence Northerly along a tangential curve,concave to the East,having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds,a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter,and there terminating. And lying Easterly of the following described line: Commencing at the Southwest corner of said Section 8;thence Easterly along the South line of said Section 8,a distance of 1714.61 feet to the point of beginning of the line to be described; thence Northeasterly,deflecting to the left 83 degrees 54 minutes 52 seconds,a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter, and there terminating. Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32 N,Range 20 W,described as follows: Commencing at the Southwest corner of said Section 8, thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of beginning of this description;thence Northeasterly deflecting to the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8;thence Easterly along said North line a distance of 757 feet, more or less,to the center line of County State Aid Highway No. 1;thence Southeasterly along said center line a distance of 305 feet,more or less,to the South line of Section 8,thence Westerly along said South line a distance of 862 feet,more or less,to the point of beginning,according to the United States Government Survey thereof and situated in Washington County,Minnesota. Resolution No.: 11-18-08-01 Page 3 of 4 WHEREAS, the site has been actively mined since 1966, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate, the production of hot-mix asphalt, and the recycling of concrete and asphalt products; and WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared for this mining facility in 1987, and a second EAW was completed in 1999 for a proposed expansion of the facility; and WHEREAS, the scope of operations and mining limits proposed in the current permit application to the City are consistent with the scope of the operations and mining limits reviewed in the 1999 EAW, WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as "the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining and processing operations on May 20, 2008; and WHEREAS, Tiller Corporation, Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on August 28, 2008; and WHEREAS, the Scandia City Council held a duly-noticed public hearing on September 16, 2008 and continued the hearing to November 5, 2008 to gather public input and review the application; and NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does find that the Annual Operating Permit shall be and hereby is issued, with the following conditions made a part thereof: 1. The Applicant shall address the following groundwater monitoring requirements during the 2009 monitoring season: • Revise the text of the Monitoring Plan to state that "monitoring will occur/be conducted" rather than "sampling will occur/be conducted," since sampling is only done on an annual basis and not three times per year. Resolution No.: 11-18-08-01 Page 4 of 4 • The Applicant shall submit monitoring results in a single submittal with the adjacent Tiller Corporation mining operation, since these wells will be monitored together and the operations are adjacent to one another. • Submit the results of sampling events results under separate cover from the Monitoring Plan document. 2, The Applicant shall implement any monitoring or other direction from the MPCA to address the DRO issues identified in the samples from PZ-3 and PZ- 5 in 2008. 3. The Applicant shall report all future issues identified in groundwater monitoring to the MPCA immediately after discovery as required by State or Federal rules. Issues identified shall also be reported to the City and LBG. 4. The Applicant shall provide the required Letter of Credit or other security to the City. FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Adopted by the Scandia City Council this 18th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator Resolution No.: 1 l-18-08-01 1 -bt;(5/(1 1 / ) A- YJ C (��f 6/).2 A) Page 4 of 4 //'r 77i0ih 4or • The Ap icant shall su it monitoring results in a single submittal with the adjace Tiller Dresel C rporation mining operation, since these wells will be monito d together an he operations are adjacent to one another. • Submit the results of sampling events results under separate cover from the Monitoring Plan document. 2. The Applicant shall implement any monitoring or other direction from the MPCA to address the DRO issues identified in the samples from PZ-3 and PZ- 5 in 2008. 3. The Applicant shall report all future issues identified in groundwater monitoring to the MPCA immediately after discovery as required by State or Federal rules. Issues identified shall also be reported to the City and LBG. 4. The Applicant shall provide the required Letter of Credit or other security to the City. FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Adopted by the Scandia City Council this 18th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator Meeting Date: 11/18/08 Agenda Item: P a . Planning Commission/City Council CC 7, d) Agenda Report City of Scandia 14727 209t" St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Review the revised 2008 —2030 Comprehensive Plan for the City of Scandia, and consider approving the plan for submission to the Metropolitan Council. Deadline/ Timeline: The statutory deadline for submitting the plan to the Metropolitan Council is December 31, 2008. Background: • At a special meeting on October 22, the Planning Commission and City Council directed that changes be made to the draft plan for consideration at Planning Commission (6:00 p.m.) and City Council (7:00 p.m.) meetings on November 18. • The substantive changes made to the plan document are listed in a matrix prepared by CR Planning, attached. The revised plan will be delivered prior to the meeting. • The draft plan was distributed as required to other local governments in July. They have up to 6 months for their review. To date, responses have been received from 6 of the 10 governmental units. A response from Washington County is expected shortly. A second letter requesting responses from the remaining 3 has been sent. The 6-month period for review by other local units will not expire until January 23 unless responses are received before that date. Recommendation: The Planning Commission should review the changes, and make a recommendation to the City Council to approve the plan for submission to the Metropolitan Council, with our without additional changes. The City Council, upon receiving the Planning Commission's recommendation, may make additional changes if desired,before adopting the resolution approving the plan for submission to the Metropolitan Council. Attachments/ • Draft Resolution 11-18-08-02 Materials provided: • Matrix, Changes to 7/14/08 Draft Plan Contact(s): Prepared by: Anne Hurlburt, City Administrator (comprehensive plan) Page 1 of 1 11/14/08 CITY OF SCANDIA RESOLUTION NO. 11-18-08-02 RESOLUTION APPROVING 2008— 2030 COMPREHENSIVE PLAN FOR SUBMISSION TO THE METROPOLITAN COUNCIL WHEREAS, the City of Scandia through the work of its Comprehensive Plan Committee and extensive input from citizens has prepared a draft 2008 — 2030 Comprehensive Plan, to guide the future of the community and to meet the requirements of the Metropolitan Land Planning Act; and WHEREAS, the City transmitted the draft plan to adjacent and affected jurisdictions and informally to the Metropolitan Council on July 23, 2008; and WHEREAS, on September 18 and October'7, 2008 the Scandia Planning Commission held a duly noticed public hearing on the draft plan,and WHEREAS, on October 22, the Scandia Planning Commission and City Council met in a joint session to consider all comments received on the draft plan, and directed that changes be made in response to the comments; and WHEREAS, on November 18, 2008 the Planning Commission reviewed the revised draft, and recommended approval of the plan; NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the 2008 —2030 Comprehensive Plan as revised through November 18, 2008 for submission to the Metropolitan Council for its review and comment; and FURTHER, BE IT RESOLVED, that submission to the Metropolitan Council shall be contingent upon completion of the required review by other adjacent and affected jurisdictions. Adopted by the Scandia City Council this 18th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator City of Scandia Comprehensive Plan Update November 13, 2008 Changes to 7/14/08 Draft Plan Page/Section Page/Section Change that was made: reference for reference for Bold text indicates added text 7/14/08 draft 11/14/08 draft StfilEeeut text indicates deleted text Misspelled words and small formatting changes have been corrected throughout the document. The following are the substantive changes. Page 15, Map 2 Comfort Lake Forest Lake Watershed District requested a change to the map to show Sylvan Lake as"A"water quality grade rather than"not monitored" Page 21,Map 6 Change to Map 6—Extent of Sand and Gravel Deposits map -to reflect comments at public hearings requesting that all deposits be shown. Page 50, 54 and Added reference to Abrahamson Nurseries wherever Copas was mentioned 112 Page 53, first In the current city code(2008) aAll Village Center development requires paragraph, last a conditional use permit and review by a Rural Landscape Committee. sentence Page 53, second There are three overlay districts within the City: the Lower St. Croix paragraph, River Bluffland Overlay District; the Shoreland Overlay District and the floodplain Floodplain District. The Floodplain District ordinance was adopted by the City in March 2008. New text added to The Minnesota Department of Natural Resources and the Federal third paragraph Emergency Management Agency subsequently approved the ordinance and notified the City that property owners in floodplain area may qualify for federal flood insurance. Page 56 Change to include Log House Landing,Big Lake School,and Goose Lake School in historical localities Former Hamlets and Historical Localities: Otisville,Big Lake and Panola (a post office located just north of the City boundary)were all rural settlements of which few if any traces remain. The Log House Landing site near the former hamlet of Otisville,where Swedish immigrants disembarked from steamboats in the 1850s,remains as a water access site for boaters. Big Lake School and Goose Lake School sites also remain as touchstones of Scandia's history. Page 59,wellhead A new second paragraph is added under the section on Drinking Water and protection Fire Hall Water Services at the suggestion of the County to reference requirements for Wellhead Protection Plans. Bold text indicates added text Page 1 of 4 Strikeout text indicates deleted text City of Scandia Comprehensive Plan Update November 13, 2008 Changes to 7/14/08 Draft Plan Page/Section Page/Section Change that was made: reference for reference for Bold text indicates added text 7/14/08 draft 11/14/08 draft Stfikeeut text indicates deleted text Page 61, Map 16 Replaced with map more accurately showing Bliss Addition wastewater service Page 98, Map 25 Replaced with map more accurately showing city minor collector roads Page 100,access Washington County access management standards are referenced at the management suggestion of the County because they are slightly different than the Mn/DOT standards that were previously referenced. Page 105,Map 26 Replaced with map reflecting changed Future Land Use Areas as recommended by Planning Commission Page 106, Map 27 Replaced with map reflecting changed Future Land Use Areas as recommended by Planning Commission Page 108 and Agricultural Preserves Overlay and Agricultural Core Area text changed to 110, Ag Core reflect change in density from 2 dwelling units per 40 acres to 4 dwelling density units per 40 acres. In addition the Agricultural Core Area text changed to allow a bonus to 100%of base density and making clear that bonuses must be earned; and leaving lot averaging at current 2-4 acres or greater than 20 acres. (Note: This issue was not discussed at the joint PC/CC workshop-the current draft has a 50%bonus for the General Rural district. Should the Ag Core bonus and the General Rural be the same?) Page 111, Open space conservation subdivision in the Lakeshore Conservation Lakeshore Cons. Overlay Area has been changed from required to"encouraged." Page 113,Rural Added reference to the addition of a Rural Commercial Node at the commercial intersection of Highways 95 and 97. Page 115-117, Table 27—List of preliminary scenic viewpoints and scenic road segments Scenic places removed because of their very preliminary nature. References to the table were also removed from the text. Map 29—Potential Scenic Viewpoints Along Roadways—This map was also removed for the same reason. (Note: all tables and maps following the removed table and map will have to be renumbered and all references in the text will have to be changed to reflect the new numbers.) Bold text indicates added text Page 2 of 4 Strikeout text indicates deleted text City of Scandia Comprehensive Plan Update November 13, 2008 Changes to 7/14/08 Draft Plan Page/Section Page/Section Change that was made: reference for reference for Bold text indicates added text 7/14/08 draft 11/14/08 draft Strikeout text indicates deleted text Page 118, Map 30 Replaced with map reflecting changed Future Land Use Areas as recommended by Planning Commission Pages 119- 122, Tables and text in build-out analysis section changed to reflect change in Ag core, VN Ag Core density to 4 dwellings per 40 acres,VN density change to 2.5 acre, and changes in future land use area boundaries, Page 134, VN LU Implementation Strategy 3.1.1 changed to establish densities and minimum lot size at 1 dwelling unit per 2.5 acres. Bonus densities up to 1 dwelling unit per acre may be earned as an incentive for providing multi- family or life-cycle housing or use of transfer of development rights. Page 135,Ag LU Implementation Strategy 5.1.1 density changed to 4 dwelling units per core acre; allow a bonus to 100%of base density and making clear that bonuses must be earned; and leaving lot averaging at current 2-4 acres or greater than 20 acres. Page 138,public LU Implementation Strategy 9.2.3 regarding public access to lakes access removed as recommended by Planning Commission Page 139,Rural LU Implementation Strategy 11.1.1 rewritten to include reference to all commercial Rural Commercial Nodes on the Future Land Use map(which now includes the node at the intersection of 95/97) Pages 189-198, Changes in Future Land Use Areas Summary Matrix reflecting changes in FLU summary VN, Ag Core, Rural Commercial nodes, and Lakeshore Conservation as matrix noted above. Bold text indicates added text Page 3 of 4 Strikeout text indicates deleted text City of Scandia Comprehensive Plan Update November 13, 2008 • Changes to 7/14/08 Draft Plan Page/Section Page/Section Change that was made: reference for reference for Bold text indicates added text 7/14/08 draft 11/14/08 draft €4fikeeut text indicates deleted text Appendix E— Changes to Appendix E -the Local Water Management Plan—in response LWMP to comments from the Metropolitan Council and the CLFLWD: • New Map 2 Water Quality Grade showing Sylvan lake as Grade A • Added information on impaired waters in Scandia • Clarification of CLFLWD current watershed district plan(revised 2008) • Added reference to the CLFLWD draft rules and standards for stormwater and erosion control (All of the changes above were also changed in the Natural Resource current conditions report) • A column was added to Table El showing which policies and strategies address which issues. • A financial considerations section was added • Copies of the Erosion and Sediment Control ordinances that the city is enforcing are added at the end of the LWMP Bold text indicates added text Page 4 of 4 Strikeout text indicates deleted text Meeting Date: 11/18/2008 Agenda Item: ' Q City Council Agenda Report City of Scandia 14727 209th St. North 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 Majeski 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, 10/1/08 to 10/31/08 Materials provided: • Contract ICR's report, 10/1/08 to 10/31/08 Contact(s): Prepared by: Anne Hurlburt, Administrator (sheriff report) Page 1 of 1 11/13/08 11/13/2008 12:30 6514307666 'AIDED TECH SRVC PAGE 01 F ' Citations by City Rpt TALES Page 1 11/12/08 13 : 01 : 05 Washington County Sheriff ' s Office CITATIONS BY CITY REPORT City Selected: SCANDIA From Date : 10/01/2008 TO: 10/31/2008 SCANDIA Offense Offense Location Citation # Date Time 10/01/2008 0549 12100 BLK SCANDIA TR 821019010 Statute 169 14 2A SPEED 76/55 10/02/2008 0612 12100 BLK SCANDIA TR 821019011 Statute 169 14 2A SPEED 69/55 10/05/2008 2035 OAKHILL RD / 209TH ST 821018915 Statute 169 14 2A SPEED 40/30 10/06/2008 1010 ST LRo1X T / V1LAR XV 821019346 Statute 169 14 2A SPEED 65/55 10/07/2008 0159 OLINDA TR / OAKHILL 821019103 Statute 169 79 1 FDCR 10/08/2008 1720 SCANDIA TR / NEWBERRY 821011172 Statute 169 14 2A SPEED 72/55 10/08/2008 1732 SCANDIA TR / NEWBERRY 821011173 Statute 7.69 24 2A SPEED 71/55 10/08/2008 1900 ST CROIX TR / 235TH ST 821011174 Statute 169 14 2A SPEED 84/55 10/08/2008 2050 MANNING TR / 220TH ST 821011175 Statute 169 14 2A SPEED 64/55 10/09/2008 0553 12100 BLK SCANDIA TR 821019012 Statute 169 14 2A SPEED 70/55 10/10/2008 0825 23500 BLK ST CROIX TR 821010824 Statute 169 686 1A1 NO SEATBELT 10/10/2008 0836 23500 BLK ST CROIX TR 821010825 Statute 169 686 1A1 NO SEATBELT 10/10/2008 1010 21500 MANNING TR 821010826 Statute 169 686 1A1 NC) SRATRRLT 10/20/2008 1016 22500 MANNING TR 821010827 Statute 169 686 1A1 NO SEATBELT 10/10/2008 1406 18000 OLINDA TR 821010828 Statute 169 686 1A1 NO SEATBELT 11/13/2008 12: 30 6514307566 WCSO TECH SRVC PACE 02 PP Citations by City Rpt TALES Page 2 11/12/08 1.3 : 01 : 05 Washington County Sheriff ' s Office CITATIONS BY CITY REPORT City Selected: SCANDIA erom late : lu/01/2008 To: 10/31/2008 Offense Offpraw Location Citation #k Date Time 10/11/2008 0801 1.44UU hiLK SCANDIA TR 82101D830 Statute 169 14 2A SPEED 65/50 10/16/2008 0950 OLINDA / PILAR 821011179 Statute 169 676 1A1 NO SEATBELT 20/16/2008 0542 12100 BLK SCANDIA TR 821019015 Statute 169 14 2A SPEED 72/55 10/17/2008 1113 OLINDA / PILAR 821011180 Statute 169 14 2A SPEED 69/SS 10/21/2008 1547 SCANDIA TR / NEWBERRY 821008881 Statute 169 797 2 NO INSURANCE 10/2R/2OOR 172R MANNTNP TR N 207TH RT N R210081;483 Statute 168 10 3 DISPLAY REVOKED PLATES 10/29/2008 0640 220TH ST N PEABODY AV N 821008684 Statute 169 14 2A SPEED 61 IN A 40 MPH ZONE 10/29/2008 0657 220TH ST N PEABODY AV N 621006865 Statute 169 14 2A SPEED 50 MPH IN 40 ZONE 10/29/2008 0719 228TH ST N MALLARD AV N 821008886 Statute 169 14 2A SPEED 53 IN A 35 MPH ZONE 10/29/2008 1625 CO 15 / MAYBERRY 821018956 Statute 169 14 2A SPEED 71/55 Total for City: SCANDIA 25 ** END OF REPORT ** 11/13/2008 12:30 6514307666 WCSD TECH SRUC PAGE 03 ' FRT CONTRACT ICR REPORT TALES Page 1 11/12/08 13 :01 :05 Washington County Sheritt ' s Office CONTRACT ICR's Contract Report. for SCANDIA For the Period 10/01/08 To 10/31/08 DdL Time ICR # ID## Street Name Complaint 10/01/08 5 : 52 :39 108031965 0173 SCANT)TA TR TRAFFIC CIT-SPEED 76/55 10/01/08 12 :22 :05 108032015 0110 OLD MARINE TR ABANDONED VEH 10/01/08 17 : 13 :58 108032050 0190 SCANDIA TR DRIVING COMPLAINT 10/01/08 18 :38 :30 108032061. 0190 OLINDA TR W/W SPEED) 10/01/08 19:22 : 59 108032065 0190 OLINDA TR W/W HEADLIGHT 10/01/08 21:21 :18 108032075 0190 MANNING TR W/W SPEED 10/02/08 6:14 :38 108032090 0173 SCANDIA TR TRAFFIC CIT-SPEED 59/55 10/02/08 6:44 :44 108032091 0173 MANNING TR LOOSE HORSE 10/02/00 0 ;00 ;30 100032096 JULY AV RECEIPT# 080001366 10/02/08 8 :56: 06 108032108 0190 OLINDA TR THEFT REPORT 10/02/08 16 :33 : 15 108032164 0190 OLINDA TR BURG ALARM 10/02/O8 17:03 : 17 108032168 0190 197TH ST RECOVERED STOLEN PROPERTY 10/02/08 19 :51 : 37 108032183 0149 SCANDIA TR RECKLESS DRIVING COMPLAINT 10/02/0R 19: 51 : 37 108409912 SCANDIA TR RECKLESS DRIVING COMPLAINT 10/03/C8 7:04 :38 108032204 0135 ST CROIX TR CAR VS DEER 1C/03/08 18 :29: 15 108032278 0145 205TH ST MEDICAL 10/oo3/08 19:11 :47 108032263 U145 5L:ANL,)1A, TX CHECK AREA 10/03/08 19:24 :08 108032285 0145 MANNING TR GAS DRIVE OFF 10/03/08 22 :18:46 108032294 0145 MANNING TR AUTO ALARM 10/04/08 10 :28 : 00 108032314 0100 SCANDIA TR LOOSE DOGS 1C/04/08 22 :48 :39 108032372 0100 230TH ST MEDICAL 10/05/08 2 ;14 : 29 100032384 0136 OLINDA TR AUD ALARM 10/05/08 9:46:32 108032394 0175 OLINDA TR MEDICAL 10/05/08 14 :03 : 46 108032410 0186 OAKGREEN AV THREATS REPORT 10/05/08 20 :42 : 58 108032444 0165 OAKHILL RD CIT# 821-018915 40/30 10/06/08 10: 14 :10 108032486 0175 ST CROIX TR TRAFFIC 821019346 10/06/08 16:41 : 47 108022541 0190 MANNING TR FOUND PROPERTY 10/06/08 17 :44 : 33 108032548 0190 OLINDA TR W/W LOUD EXHAUST 10/06/08 17:48 :04 108032549 0190 SCANDIA TR W/W PASS ON SHOULDER 1Ll/06/U8 19:28 : 36 108032566 0190 OXSURO AV W/W HEADLIGHT 10/06/08 20:26: 14 108032571 0165 SCANDIA TR CAR VS DEER 1.0/06/08 21 :09: 26 108032575 0190 MANNING TR W/W SPEED 10/07/08 2 :06 : 45 108032580 0142 OLINDA TR TRAFFIC - CITE FDCR 10/07/08 18: 05: 48 108032677 0159 NOLAN AV THEFT REPORT 10/08/08 17:11 : 37 108032792 0190 SCANDIA TR POSS DK DRIVER 10/08/08 17:24 : 23 108032793 0190 SCANDIA TR CITE SPEED 72/55 10/08/08 17:34 : 42 108032795 0190 SCANDIA TR CITE SPEED 71/55-INS REQ FORM 10/08/08 19 : 04 : 07 108032801 0190 ST CROIX TR CITE SPEED 84/55 10/08/08 20:55 : 40 108032811 0190 MANNING TR CITE SPEED 10/09/08 5 :56:46 108032832 0173 SCANDIA TR TRAFFIC CIT-SPEED 70/55 10/09/08 9:31 : 43 108032848 0190 OLINDA TR W/W LOUD EXHAUST 10/09/08 13 :27:25 108032883 0190 228TH ST W/W SPEED 10/09/08 18: 52 : 22 108032928 0158 OLD MARINE TR ANIMAL COMPLAINT 10/09/08 21:34 : 43 108032940 0158 220TH ST HARASSING PHONE CALLS 1 n/l 0/nA R :"30 : '32 108012970 01738 ST CROIX TR CIT NO SEATBELT 10/10/08 8 :42 : 22 108032972 0138 ST CROIX TR CIT SEATBELT 10/10/08 10: 14 :43 108032997 0128 MANNING TR. CIT NO SEATBELT 10/10/08 10 :22 : 29 108033002 0138 MANNING TR CIT NO SEATBELT 10/10/08 11 :28 : 32 108033031 0138 SCANDIA TR WARRANT ARREST 10/10/08 12 : 18 : 02 148033039 0110 HWY 95 OVERDUE TRUCKER 10/10/08 14 : 12 : 34 108033052 0138 OLINDA TR CIT NO SEATBELT 10/11/08 8 :11 : 39 108033132 0138 SCANDIA TR CIT SPEED 11/13/2008 12: 30 6514307666 WCSU 1LUH SRUC: HAUL i4 PRT CONTRACT ICR REPORT TALEE Page 2 11/12/08 13 : 01 : 05 Washington County Sheriff ' s Office CONTRACT ICR' s Contract Report for OCANDIA For the Period 10/01/08 To 10/31/08 Date Time ICR # ID# Street Name Complaint 10/11/09 9: 45 : 34 108023148 0138 OREN RD HUNTING COMPLAINT 10/11/08 20:45 :42 108033218 0159 MALLARD AV FIRE 10/11/08 21:20 : 37 108033220 0159 NOLAN AV HUNTING COMPLAINT 10/11/08 21 :22 :33 108033221 0159 SCANDIA TR W/W#103534 HEADLIGHT OUT 10/11/08 22 :44 : 19 108033232 0190 MANNING TR W/W SPEED 10/1.2/08 20 :42 : 21 106033331 0149 ST CROIX TR 911 CALL/STRANDED MOTORIST 10/12/08 22 :20 : 04 108033337 0149 OAKHILL RD MISSING PERSON 10/12/08 23 : 10 :47 108033139 0100 OAKHILL RD DK FEMALE 10/12/08 23 :21 :42 108U33i41 0166 UAKHILL RD K-9 ASSIST 10/13/08 6: 11 : 18 108033355 0142 205TH ST AUD ALARM 10/13/08 8 :57 : 03 108033366 1291 209TH ST RENEWAL OF LIQUOR LICENSE 10/13/08 12 : 18 :42 108033399 0190 MANNING TR DOG ORDINANCE VIOLATION 10/13/08 15:29:42 108033429 0190 OLINDA TR UNATTENDED MV CHECK 10/13/08 16:14 :43 108033432 0190 MANNING TR W/W NO FRONT PLATE 10/13/08 15 :22 :37 108033433 0190 192ND ST W/W STOP SIGN VIOLATION 10/13/08 16 :39 : 14 108033434 0190 MEADOWBROOK AV HUNTING COMPLAINT 10/13/08 19:23 :54 108033445 0190 OLINDA TR PUBLIC PRESENTATION 10/14/08 10 :36:33 108033503 0190 SCANDIA TR W/W PASS ON SHOULDER 10/14/08 11 :34 :51 106033514 0190 OLINDA TR W/W NO TRAILER LIGHTS 10/14/08 11 :55:47 108033515 0100 KIRBY AV OFFICERS INFO 10/14/08 14 :00:42 108033538 0190 OAKHILL RD W/W SPEED 10/14/08 14 :25: 08 1080335' 4 U190 OAKHILL RD W/W SPEED 10/14/08 14:39:27 108033550 0190 OAKHILL RD DIRECTED PATROL-SPEED-30 MINS- 10114/08 16 :39: 19 108033575 0190 MANNING TR W/W NO FRONT PLATE 10/15/08 8 : 17 :25 108033630 0190 OLINDA TR TRAFFIC ARREST-NO INS/FALSELY 10/15/08 8 :43 :38 108033633 0175 LANGLY AV THEFT REPORT **CANCELL 10/15/08 12 :46 :40 108033691 0190 MAYBERRY TR TRESPASSING 10/15/08 15 :43 ; 38 108033727 0100 SCANDIA TR 10-50 10/15/08 17 : 13 :46 108033732 0190 205TH ST CHECK THE WELFARE 10/16/08 5:45 :29 108033793 0173 SCANDIA TR TRAFFIC CIT-SPEED 72/55 10/16/08 9 :42 : 55 108033797 0190 OLINDA TR W/W SPEED 10/1G/08 9 :53 : 31 103033799 0190 OLINDA TR CITE NO SCATDELT/INS REQUEST F 10/16/08 10:25: 26 108033802 0190 OLINDA TR W/W SPEED 10/16/08 10:48 : 52 108033806 0190 205TH ST W/W NO FRONT PLATE/BRAKELIGHT 10/16/08 11:19:40 108033814 0100 LOFTON AV OFFICER INFORMATION 10/16/08 12 :03 :26 108033827 0190 OAKHILL RD W/W SPEED 10/16/06 12 :21 :29 106033831 0190 OAKHILL RD W/W fiPEEJ7 10/16/08 22 :37 :33 108033879 0149 MANNING CT 911 ABANDONED 10/17/08 9 : 02 : 50 108033922 1291. OZARK AV LIQUOR LICENSE APPLICATION/REN 10/17/08 9:03 : 49 108033923 0190 MANNING TR W/W SPEED 10/17/08 9:38 : 20 108033927 0190 LOFTON AV W/W SPEED 10/17/08 11 :18 ; 33 108033942 0190 OLINDA TR CITE NO INS/FALSELY STATE VEH 10/17/08 11 :39 : 55 108033959 0190 OLINDA TR W/W SPEED 10/17/08 12 :03 :37 108033972 0100 SCANDIA TR OFFICERS INFO 10/17/08 12 :49:25 10803397E 0190 ST CROIX TR CHECK WELARE 10/17/08 12 :49:25 108212233 ST CROIX TR CHECK WELARE 10/17/08 13 : 14 :49 108033981 0190 202ND ST PARKING COMPLAINT 10/17/08 19:20 : 06 108034025 0158 ST CROIX TR CHECK THE WELFARE 10/17/08 19:16 :26 108034029 0100 SCANDIA SUSP MALE 1.0/18/0R 2 : 17 :47 10803405 0173 OLINDA TR AUD ALARM 10/18/08 8:33 :41 108034068 0110 OLINDA TR HUNTING COMPLAINT 10/19/08 11 : 16 :19 108034190 0100 OLINDA TR MEDICAL 11/13/2008 12:30 6514307666 MCSO TECH SPVC PAGE 05 PRT CONTRACT ICR REPORT TALEE Page 2 11/12/08 13 : 01;05 Washington County Sheriff ' s Office CONTRACT ICR's Contract Report for SCANDIA For the Period 10/01/08 to 10/31/08 Date Time ICR ## ID# Street Name Ccrnplaant 10/1.9/08 1P : 06:22 108034239 0159 OLINDA TR CAR VS DEER 10/19/08 22 :39:20 108034255 0159 SCANDIA TR W/W##103540 NO PLATE LIGHTS 10/20/08 7:39 :50 10E034267 0175 OAKHILL RD CAR VS DEER ***STATE ACCI 10/20/08 9:42:44 108034285 0190 239TH ST THEFT REPORT *21 COMP 10/20/08 14 :03 :35 108034328 0190 ST CROIX TR ALARM 10/20/08 18 :22 :16 108034360 0170 MANNTN(; AZ; W/W 104148 SPEED 10/20/08 18 :26:50 108034361 0170 238TH ST SUSP ACTIVITY/21 COMP 10/20/08 21 :01:08 108034371 0170 LAKAMAGA TR SUSP VEHICLE 10/21/08 10 :00:29 108034395 0100 OLINDA '1'kt OFr'10ER INFORMATION 10/21/08 17 :32 :35 108034466 0190 OAKHILL RD W/W SPEED 10/21/08 17 : 50 :37 108034468 0190 OAKHILL RD W/W SPEED 10/21/08 18: 06 :02 108034470 0190 SCANDIA TRESPASSING QUESTIONS 10/21/08 18:07:22 108034471 0190 OAKHILL RD W/W SPEED 10/21/C8 20:30 ;55 108031488 0190 209TH ST CITY COUNCIL MEETING 10/22/08 1:12 :04 108034499 0142 ST CROIX TR CAR VS DEER 10/23/08 8:23 :01 108034606 0175 SCANDIA TR MEDICAL 1C/23/08 10:27 :48 108034619 0190 NOLAN AV LOOSE HORSES 1C/23/08 12 :24:30 108034639 0190 OLINDA TR PARKING COMPLAINT 11/23/08 12 :49:28 108034647 0190 190TH ST LOOSE HORSE 10/23/08 16 :00:33 108034685 0190 OAKHILL RD W/W SPEED 10/23/08 16:09: 06 108034887 0190 OAKHILL RD W/W SPEED 10/23/08 16:23 :28 108034692 0190 OAKHILL RD W/W SPEED 10/23/05 16 :37: 05 108034694 0190 OAKHILL RD W/W SPEED 10/23/08 16 :44 : 25 108034696 0190 OAKHILL RD DIRECTED PATROL-SPEED-30 MINS- 10/24/08 6 :22 : 23 108034729 0136 LOFTON AV CAR ACCIDENT 10/24/08 6 :27:39 108034731 0173 OLINDA TR ACCIDENT W/INJ 10/24/08 8: 09: 40 108034737 0119 1,^STIT CT PIRD ALARM 10/24/08 10:15: 28 108034747 0119 LOFTON AV TRESSPASSERS 10/24/08 17 :15:18 108034846 0149 LAKAMAGA TR THEFT REPORT 10/24/08 19 :46 :12 108034867 0149 ST CROIX TR W/W 95754 SPEED 10/24/08 19 : 53 : 38 108034866 0149 197TH ST MEDICAL 10/24/08 19 :56: 11 108031869 0100 KIRK AV AUD ALARM 10/25/08 0 :00: 40 108034882 0193 OAKHILL RD VANDALISM REPORT 10/25/08 16:56:54 108034941 0158 SCANDIA TR DRIVING COMPLAINT 10/26/08 12 :15:44 108034y8:i U1:38 KILLIAN AV GANAGE FIRE 10/27/08 7 :51 : 48 108035039 0138 SCANDIA TR 911 HANG UP CALL 10/27/06 19 :47 : 11 108035136 0159 218TH ST VERBAL DISPUTE 10/28/08 5:55 : 49 108035159 0193 SCANDIA TR DRIVING COMPLAINT 10/28/08 17:31 : 25 108035248 0190 MANNING TR CITE DISPLAY REVOKED PLATES/IN 10/28/08 18 : 02 : 41 108035250 0190 205TH ST MEDICAL 10/28/08 19: 16 : 31 108035256 0190 SCANDIA TR W/W FAIL TO DIM HIGHBEAMS 10/29/08 0 :47 : 53 108035269 0136 220TH ST CAT IN TREE **CANCELED C 10/29/08 5:37 : 01 108035273 0190 220TH ST W/W SPEED 10/29/08 5:43 :36 108035274 0190 220TH ST CITE SPEED 61/40 10/29/08 6:51 : 07 108035276 0190 220TH ST DIRECTED PATROL-SPEED 1 NOT.TP-3 10/29/08 6:57 : 05 108035277 0190 220TH ST CITE SPEED 53/40 10/29/08 7: 19 : 43 108035278 0190 228TH ST CITE SPEED 53/35 10/29/08 / ::dU : 3 / 1U1i1 352'l9 U190 LOFTON AV W/W SPEED 10/29/08 7:35 : 58 108035280 D190 KIRK AV W/W LOUD EXHAUST 10/29/08 12 : 55 :49 108035324 D190 ST CROIX TR W/W SPEED 10/29/08 15 : 09 : 02 108035337 0165 195TH ST ALARM 10/29/08 16:31 : 07 108035346 D165 MANNING TR CIT# 821-018956 71/55 11/13/2008 12:30 6514307666 WCSO TECH SRVC PAGE 06 PRT CONTRACT ICR REPORT TALEE Page 4 . 11/12/08 13 : 01 : 05 Washington County Sheriff ' s Office CONTRACT ICR' s Contract Report for SCANDIA For the Period 10/01/08 To 10/31/08 Date Time .LCR ## ID## Street Name Complaint 10/30/08 1S : 39 :77 10R0 420 0190 MAYBERRY TR ,1.1,UD ALARM 10/30/08 16 :00 :42 108035431 0190 MARGO AV FRAUD REPORT 10/30/08 17 :27:23 108035444 0170 205TH ST MEDICAL 10/30/08 19 :35 :23 108035455 0170 MAY BERRY TR ALARM 10/31/08 6 : 19:36 108035486 0173 197TH ST ALARM 10/21/08 10 :06 :38 108035507 0190 OLINDA TR CRIMINAL DAMAGE TO PRC)P7PTY 10/31/08 10 : 14 :24 108035510 0190 OLINDA TR CRIMINAL DAMAGE TO PROPERTY 10/31/08 10:28 :38 10803E513 0190 OLINDA TR DAMAGE TO PROPERTY 10/31/08 10:44 : 11 108035514 0190 OAXHILL RD EXTRA PATROL REQUEST 10/31/08 16 :05 :45 108035547 0190 PENFIELD AV MEDICAL 10/31/06 16:29 : 05 108035553 0100 SCANDIA TR DK DRIVER 10/31/08 22 :50:58 106035590 0136 OXPORO AV SUSPICIOUS VEHICLE 10/31/08 23 :14 : 03 108035593 0136 SCANDIA TR SUSPICIOUS SITUATION Total 1CRs Processed: 169 ** ENE! OP REPORT ** Scandia Fire and Rescue Department Activity Report - November 10, 2008 Fire and Rescue Operations and Administration • Emergency run volume YTD is running 6% higher than last year's run volume at this time. • The State Fire Marshals Office published FD run volumes for 2007. A neighboring FD run comparison for 2007 is presented on page 2. The purpose of communicating the comparison is just to bring the level of service provided by the FD into perspective. • Overall FD spend is a net $20,000 favorable to planned budget. Our year-end projection is favorable to plan while absorbing the increase run volume compensation costs. • Zero injuries YTD. • The 800 radio MHZ is on track for implementation in March 2009 per Washington County Sheriffs Department. Fire Chiefs from across Washington County are working together to finalize tactical channels or talk group configuration. • Washington County Fire Chiefs are working together on a grant for attending the FEMA Integrated Emergency Management Course in Emmitsburg, MD. A letter of support has been requested from the Mayor. • The Minnesota Home Land Security and Emergency Management Intergovemental Agreement and Deployment Code of Conduct was received and sent in for the Mayor's signature. The agreement document is to remain on file at the FD for processing at the time of an actual MN — EMAC Deployment of Scandia FD resources for both on and off disaster scene activation. • The number of fire fighters that have indicated they probably will retire in 2009 has increases to six. Fire and Medical Training • Fire fighters First Responders successfully recertified. Recertification included written and practical testing on airway management, CPR, AED operations, splinting, anaphylactic shock, childbirth, medical patient assessment and trauma patient assessment. • Scandia FD hosted a Washington County Dive rescue rope tender class. Fire Fighters from Stillwater, White Bear, Lower St Croix Valley and Scandia attended. • Fire fighters trained on overhead safety survey prior to ladder placement, safely handling roof ventilation equipment and roof ventilation operations. Fire Chief's contact information Fire Chief Steve Spence cell: 651-746-4485 scandiafire5191@frontiernet.net Assistant Chief Jim Finnegan cell: 651-755-8675 scandiafire5192@frontiernet.net Assistant Chief Steve Yehle cell: 651-403-0358 scandiafire5193(cr7frontiernet.net Steve Yehle C:\Documents and Settings\Anne\Local Settings\Temporary Internet Neighboring Fire Department 2007 Emergency Call Volume Comparison Minnesota Department of Pubic Safety - State Fire Marshall Division 450 400 M=r--1 350 300 250 , 200 , 150 M.1111 111111111111 100 Wit PM r—r 50 I I f a I 0 - - .:, IAi .40v ky G��ec�Gr�sago o test�a�e N o Mares,cocal�a�cr\xrds\c Scara�a S'�`a{et Stacy �yo1 �r9 ■Medical / Rescue / Other ■Fire Steve Yehle C:\Documents and Settings\Anne\Local Settings\Temporary Internet Files\OLK14D\Fire Rescue Activity Report Meeting Date: 11/18/2008 Agenda Item: tJ ) i ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve an agreement with Tiller Corporation to allow Fire Department access to high capacity water well at the Tiller facility at 22303 Manning Trail. Deadline/ Timeline: N/A Background: • The Fire Department has requested permission to use Tiller's well to support their operations and training. Tiller has agreed to allow access. • The draft agreement, attached, was prepared by Tiller and reviewed by the City Attorney. There would be no cost to the city, but the city would indemnify Tiller for any liability or damages that might result from use of the well. • The agreement would run through December 31, 2009 and automatically renew from year to year unless terminated by either party. Recommendation: I recommend that the Council approve the agreement. Attachments/ • Temporary Access Agreement Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (Access agreement tiller well) Page 1 of 1 11/13/08 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT(Agreement), effective November 18, 2008 ("Effective Date") is made by and between Tiller Corporation,a Minnesota corporation, (herein "Tiller")and the City of Scandia,a Minnesota municipal corporation (herein"City"). RECITALS (R1) Tiller owns certain real property located in the City of Scandia,Washington County, Minnesota,consisting of approximately 395 acres of land,described on Exhibit"A"attached hereto,herein "Property". (R2) Tiller has installed and maintains a high capacity water well used in Tiller's mining operations on the Property. (R3) City desires access the Property for the purpose of using Tiller's well to support fire department activities including training. (R4) Tiller agrees to grant the City access to the Property for this sole purpose,at no cost to the City,pursuant to the terms and conditions hereinafter set forth. AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby expressly acknowledged,the parties hereto hereby agree as follows: 1. Temporary Access. Tiller herby grants to the City access to the Property for the sole purpose of utilizing Tiller's well to support fire department activities including training. This includes access by fire department personnel and vehicles. To the degree feasible,said access will be coordinated with Tiller staff and shall not disturb Tiller's business activities. 2. Term. The initial term of this Agreement begins on above Effective Date and continues until December 31, 2009 (herein "Initial Term"). The term shall automatically renew from year to year unless otherwise terminated(herein "Annual Renewal Term"). 3. Termination. This Agreement may be terminated by either party for any reason, or no reason whatsoever, upon ten (10) days written notice. Upon termination the City's obligation to indemnify Tiller pursuant to the terms of this Agreement shall continue. 4. Indemnification. City shall indemnify, hold harmless and defend the Tiller and its representatives, officers, employees, and agents from and against all liabilities, penalties, damages, expenses, causes of action, claims, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with City's exercise of the rights granted to it pursuant to this Temporary Access Agreement, except to the extent caused by the negligence or willful misconduct of Tiller, its representatives, officers, employees,agents, and contractors. This indemnification includes any damage the City may cause to Tiller's equipment. 5. Assignment. Neither party may assign this Agreement without the prior written consent of the other party. 6. Notices. All notices, demands and requests that may or are required to be given by either party to the other party shall be in writing and shall be sent by United States certified mail, postage paid, return receipt requested, addressed to the relevant party at the address set forth below the respective signatures hereon,or at such other place as the parties may from time to time designate in a written notice to the other. 7. Miscellaneous. a. Governing Law. This Agreement will be deemed to be a contract made under the laws of the State of Minnesota. b. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. If any term or provision of this Agreement shall be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each term and provision shall be valid and be enforced to the fullest extent permitted by law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. c. Time. Time shall be of the essence hereof. d. Entire Agreement: No Modifications. This Agreement, together with the attached exhibits, constitutes the entire Agreement between Tiller and the City with respect to the Property. This Agreement may not be modified or amended except in writing signed by Tiller and the City. [Signature on Following Page] Page 2 Version Date: 11/13/08 \Server\shareddocs\Departments\Fire and Emereencv Oas\Mise\Scandia Access Agreement to Tiller Well.docC:Document-and Satins,1nne Local Setting:Lemma] OLKI'1D Scandia Access Agreement(2).doc IN WITNESS WHEREOF,the parties hereto have set their hands the date and year first above written. Tiller: City: TILLER CORPORATION CITY OF SCANDIA By: Steven D.Sauer By: Dennis D.Seefeldt Its: Vice President of Finance Its: Mayor Attest: By: Anne Hurlburt Its: Administrator/Clerk All notices shall be sent to: All notices shall be sent to: Steven D.Sauer Anne Hurlburt,City Administrator Tiller Corporation City of Scandia 7200 Hemlock Ln.,Suite 200 14727 209th St N. PO Box 1480 Scandia, MN 55073 Maple Grove, MN 55311 Tiller Coordinator: Mike Caron Tiller Corporation 7200 Hemlock Ln.,Suite 200 PO Box 1480 Maple Grove, MN 55311 (763) 425-4191 Page 3 Version Date: 11/13/08 \\Server\shareddocs\Departments\Fire and Emergency Oos\Misc\Scandia Access Agreement to Tiller Well.docC:Do.among and Sett inga,None Lo al Sating:Temporary let iii t File:OLK.I ID Scandia.Scce...•.1_re.,:mm)it(2).deg EXHIBIT"A" Description of the Property Parcel 1. The Southeast 1/4 of Section 7, in Township 32 North,of Range 20 West; and that part of the Southwest 1/4 of the Southwest 1/4 of Section 8, in Township 32 North,of Range 20 West,described as follows: Commencing at a point in the North line of said Southwest 1/4 of the Southwest 1/4 of said Section 8, 22 rods East of the Northwest corner thereof,thence West along said North line to the Northwest corner of said Southwest 1/4 of the Southwest 1/4,thence South along the West line of said Southwest 1%of Southwest 1/4 to the Southwest corner thereof,thence East along the South line of said Southwest 1/4 of the Southwest 1/4 a distance of 42 rods to a point,thence Northwesterly in a straight line to the point of beginning; and also a strip of land 2 rods wide on the North side of said Southwest 1/4 of the Southwest 1/4, commencing 22 rods East of the Northwest corner thereof and extending to the Northeast corner thereof. That part of the South Half of the Northeast Quarter of Section 7,Township 32 North, Range 20 West,Washington County, Minnesota,described as follows: Commencing at the Northwest corner of said South Half; thence Easterly along the North line of said South Half a distance of 1223.40 feet to the point of beginning;thence Southerly,parallel with the West line of said South Half,a distance of 1319.60 feet to the South line of said South Half; thence Easterly along said South line a distance of 1423.65 feet to the Southeast corner of said South Half;thence Northerly along the East line of said South Half a distance of 1317.76 feet to the Northeast corner of said South Half;thence Westerly along the North line of said South Half a distance of 1422.96 feet to the point of beginning. Subject to 228th Street North along North line. Parcel 2. That part of the Southeast Quarter of the Southwest Quarter and of the South Half of the Northeast Quarter of the Southwest Quarter of Section 7,Township 32,Range 20,Washington County, Minnesota lying easterly of the centerline of County Road 15A as said centerline is described in Book 312 of Deeds on pages 19 and 20. Subject to County Road 15A. Subject to easements of record. Parcel 3. The North One-Half of the Southwest Quarter(N lh of SW 1/4) and the Southeast Quarter of the Northwest Quarter(SE 1/4 of NW 1/4) all in Section 8,Township 32, Range 20. Except: All that part of the Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) of Section 8,Township 32,Range 20,Washington County, Minnesota lying East of the centerline of County State Aid Highway No. 1 (Lofton Avenue). Parcel 4. Page 4 Version Date: 11/13/08 \\Server\shareddocs\Denartments\Fire and Emeraencv Ons\Misc\Scandia Access Agreement to Tiller Well.doc(:Dozument.,and Settin _Anne Leal That part of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of Section 8,Township 32, Range 20 lying West of the public highway as the same now runs over and across said tract, except the North 2 rods thereof; and that part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section 8,Township 32, Range 20 described as follows,to wit: Beginning 22 rods East of the Northwest corner of said Southwest Quarter of Southwest Quarter (SW%of SW 1/4); thence Southeasterly in a straight line to a point 42 rods East of the Southwest corner of said Southwest Quarter of Southwest Quarter (SW 1/4 of SW 1/4); thence East to the Southeast corner of said Southwest Quarter of Southwest Quarter(SW 1/4 of SW 1/4),thence North to the Northeast corner of said Southwest Quarter of Southwest Quarter (SW 1/4 of SW 1/4),thence West to the point of beginning,except the North 2 rods thereof,said tract. Except: That part of the North 320.00 feet of the South 620.00 of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32, Range 20,Washington County, Minnesota,lying Westerly of the center line of County State Aid Highway No. 1,as the same is now laid out and traveled,said center line is described as follows: Beginning at a point on the South line thereof distant 37.30 feet Westerly of the Southeast corner thereof(for the purposes of this description,the South line of said Southeast Quarter of the Southwest Quarter is assumed to bear South 89 degrees 38 minutes 18 seconds West); thence Northerly along a curve concave to the West,having a radius of 2864.81 feet and a central angle of 7 degrees 12 minutes 48 seconds,a distance of 360.67 feet,the chord of said curve bears North 14 degrees 39 minutes 10 seconds West; thence North 18 degrees 15 minutes 34 seconds West, tangent to said curve,a distance of 282.59 feet;thence Northerly along a tangential curve,concave to the East,having a radius of 1980.97 feet and a central angle of 20 degrees 29 minutes 54 seconds, a distance of 708.72 feet to the North line of said Southeast Quarter of the Southwest Quarter,and there terminating. And lying Easterly of the following described line: Commencing at the Southwest corner of said Section 8; thence Easterly along the South line of said Section 8,a distance of 1714.61 feet to the point of beginning of the line to be described;thence Northeasterly,deflecting to the left 83 degrees 54 minutes 52 seconds,a distance of 623.51 feet to the North line of the South 620.00 feet of said Southeast Quarter of the Southwest Quarter,and there terminating. Also except: That part of the Southeast Quarter of the Southwest Quarter of Section 8,Township 32 N, Range 20 W,described as follows: Commencing at the Southwest corner of said Section 8,thence Easterly along the South line of Section 8 a distance of 1714.61 feet which is the point of beginning of this description;thence Northeasterly deflecting to the left 83 degrees 54 minutes 52 seconds a distance of 301.70 feet to the North line of the South 100 feet of the Southeast Quarter of the Southwest Quarter of Section 8; thence Easterly along said North line a distance of 757 feet,more or less,to the center line of County State Aid Highway No. 1;thence Southeasterly along said center line a distance of 305 feet,more or less,to the South line of Section 8,thence Westerly along said South line a distance of 862 feet,more or less,to the point of beginning,according to the United States Government Survey thereof and situate in Washington County, Minnesota. Page 5 Version Date: 11/13/08 \\Server\shareddocs\Departments\Fire and Emergency Oas\Misc\Scandia Access Agreement to Tiller Well doct:Docunhnt.and Sauin :.1nn:Lozal Setting:Tem}' are lnt.rnet Fik:OLKI ID Sandia (2)do, ly / 5.® City of Scandia �- ENGINEERING UPDATE SC November 2008 The purpose of this update is to provide you with information on various projects and engineering activities for the month. HIGHLIGHTS FOR TIME PERIOD 10/31/08-11/12/08. • Tii Gavo-Wear course paving and finishing restoration in the ditches has been completed. • The Sanctuary- All construction and punch list work has been completed on the Sanctuary. City Projects: 1. 2007 Street Paving • Two year warranty period ends October, 2009. • No action taken this month. 2. Pilar Road • Reviewed maps and road easement information. Made list of issues we will encounter with the future paving. Still gathering information on past surveys and right-of-way along Pilar Road. • Worked on several drafts of the questions to ask residents and will have this for review by City Council on 5/20/08. Once there is consensus on the questions, a letter questionnaire with self-addressed stamped envelop will be mailed. • The City Council has reviewed the questionnaire that the residents have completed, no Council actions authorized to date. • No action taken this month. 3. Fire Hall Approach Aprons • Bonestroo prepared cost opinions for alternatives to repair the south approach apron. The apron is moving due to frost/soil moisture conditions. The information was presented at the 8/26/08 Budget workshop meeting. • City Staff was exploring options of mud jacking the aprons instead of the repair estimated by Bonestroo. Private Developments: 1. Wyldewood Acres • Still some landscaping to be done by developer. • Cracked sidewalk at several locations along Odell- caused by developer's equipment. 568gen\Engineering Updates 1 • No action taken this month. 2. Nature's Walk • Dead trees were removed and replaced in Fall 2007. • Letter of Credit: $7,500 for landscaping. • No action taken this month. 3. Wild Bush Acres • Letter of Credit: $60,000 for streets, $1,500 for Landscaping. 3 trees are questionable. • Warranty inspection was completed on August 7, 2008 and a written inspection notice will be prepared for the Developer to make the corrections. • The inspection noticed was delivered to the City of Scandia who then would coordinate the work to be corrected with the Developer. • The City released the letter of credit for landscaping at the 10/07/08 Council meeting. • No action taken this month. 4. The Sanctuary • Letter of Credit: On 10/4/05, amount was reduced to $9,375 for streets and $3,000 for landscaping. • Bonestroo prepared a letter feasibility report identifying the remaining project work, costs to complete the work, and assessment amounts. City Council consideration at the 9/16/08 meeting includes receipt of the report, ordering the preparation of plans and obtaining bids. • City Council awarded the Contract for remaining public improvements at the 10/07/08 Council meeting. A pre-construction meeting has been scheduled for 10/17/08 at 7:30 am, on-site. • A Construction Notice was delivered to the existing homes informing the residents that the remaining work of the project will start the week of October 20, 2008. • All construction work and punch list work has been completed. We are in the process of moving forward to final the project out. Once all lien waivers, IC 134's, and signed final pay request have been completed or obtained we will recommend project closeout and acceptance. 5. Willowbrook Church • No action taken this month. 6. Tii Gavo • On August 12, 2008 a review of the project site was completed and a meeting was held with the City, Developer, Developer's Engineer, and Bonestroo to discuss the Letter of Credit reduction request submitted by the Developer. Bonestroo has prepared a construction cost opinion for the construction remaining to be completed and prepared a letter for City Council consideration at the 8/19/08 meeting. • Gas main installation has been completed, and now all private utility installation is completed • The wastewater treatment facility is completed and a startup procedure was conducted to verify the system is in working order. Everything went well during 568gen\Engineering Updates 2 the startup and the system will be winterized for the winter. The system will be tested again next summer to ensure that the system is in final working order before the system is accepted. • Final Wear Course has been placed and the bituminous core results have both met the standards for density and thickness. • The native seeding of the ditches, spoil areas, and re-graded areas have been completed by Critical Connections. All infiltration basins have been planted with native plugs, and mulched for several weeks now. Also all the bare soils that were previously seeded by Critical Connections have been mulched and crimped prior to the snowfall. • The Contractor is scheduled to complete the aggregate shouldering and removing sediment out the storm sewer lines on November 13, 2008. If weather is an issue the work will just get pushed back a day. 7. White Rock Ranch • Final plat has been approved. • No action taken this month. 8. Old Marine Estates • No action taken this month. Studies and General Engineering: • No Items this month. 568gen\Engineering Updates 3 Council Report October 2008 Steve Thorp Scandia Code Official Building information: • #permits issued: October 2008 =41 YTD=232 • #new residential units: 1 YTD=5 • Totals for 2008 a) Valuation=$1,455,001.00 YTD=$4,276,929.00 b) Permit Fees=$9,907.00 YTD=$34,667.10 c) Plan Review Fees=$4,440.10 YTD=$12,501.85 Total Fees Generated YTD=$47,169.05 Record number of permits surpassed with reroof permits leading the way!!! Code enforcement/zoning actions: • TOTAL ENFORCEMENT ACTIONS: 52 1. court action: 0 (1 warrant has been outstanding since 11/19/07) 2. actively pursuing: 14 3. closed cases: 37 • new cases: 1 for the month of October; • 11 Exterior Storage violations, 2 Shoreland Regulation infractions, 4 Farm Animal violations, 1 unlicensed car, 1 residential business, 2 miscellaneous (foreclosure or empty homes) • 23510 Manning Circle, debris in ROW; • 22300 Olinda Tr.: Owner inquiring about options for having horses near Bone Lake, follow up occurring; • 13407 Mayberry Tr: People living in cabin which is not the primary dwelling, talked to residents and informed them they may not live in the cabin, letter following; • 10996 185th St: Small engine repair shop, talked to owner and determined there was no business at residence; • Collected numerous signs from road right of ways. Planning: Tii Gavo in final phases. SWWPP still being monitored. Zoning issues: 1. Stanek variance application revisited. 2. CHOF may not have a feedlot within 1000' of lake per MPCA rule 7020; sent on to Washington County Conservation District. No communication since original contact with MPCA, assuming resolution of the issue. Daily Activities: • Building inspections, • Zoning inspections; • Resident interaction including phone calls, emails and in person regarding zoning, planning and building issues; • Training for NIMS and Water Protection Certification. Miscellaneous City Actions • $5500.00 has been granted for the South half of the warming house roof from LMCIT; • Rasmussen house has had the asbestos inspection and we have received one bid so far for the removal of all of the asbestos; • Received bids for the failing septic tank pumps at the Community Center; • Gained certification for NIMS 300 and 400. One week of classes going over incident management for natural disasters or events. Letters of Credit Name Purpose Date issued Initial amount Current balance Expiration Nature's Walk `landscape 10/20/04 $ 25,000.00 $ 7,500.00 released Funds drawn by Sanctuary final project 7/19/2005 $ 96,000.00 $ 12,375.00 City Tii Gavo grading 10/1/06 $ 250,000.00 $ - Expired Tii Gavo construction 6/28/07 $ 1,514,344.00 $ 564,344.00 6/28/2009 Tii Gavo landscape 6/28/07 $ 177,687.00 $ 177,687.00 6/28/2009 Wild Bush Acres landscape/improve. 10/20/05 $ 350,000.00 $ 60,000.00 released Old Marine Estates improvements 7/23/08 $ 5,300.00 $ 5,300.00 7/23/2009 _ Childers variance 12/6/05 $ 30,000.00 $ 5,000.00 6/6/2011 City of Scandia Building Permits September-08 PERMITS Permit# Date Address Owner Work Valuation 8-192 10/2/2008 22140 Kirk Ave Van Pelt reroof $ 20,000.00 8-193 10/2/2008 19169 Layton Ave Krummi reroof $ 6,000.00 8-194 10/2/2008 19790 Maxwill Ave Noyes reroof $ 13,000.00 8-195 10/2/2008 18980 Olinda Tr Linder reroof $ 8,000.00 8-196 10/2/2008 21127 Olinda Tr Pfeiffer pellet stove $ 4,000.00 8-197 10/3/2008 13500 182nd St Ten Eyck house add'n/detached garage $ 515,000.00 8-198 10/3/2008 15947 Scandia Tr Rangitsch reroof $ 13,000.00 8-199 10/7/2008 21670 Oland Ave N Addis reroof $ 5,800.00 8-200 10/7/2008 15989 240th St N Houdek reroof $ 50,000.00 8-201 10/14/2008 18081 Parade Ave Stepka reroof $ 6,100.00 8-202 10/15/2008 22959 Olinda Tr Kamro fire damage/remodel $ 10,500.00 8-203 10/15/2008 14210 237th St Yehle reroof $ 13,000.00 8-204 10/15/2008 22211 Lofton Ave Larson reroof $ 15,000.00 8-205 10/15/2008 13961 185th St Hand reroof $ 11,000.00 8-206 10/15/2008 14604 Oren Rd Merila horse shelter $ 5,600.00 8-207 10/15/2008 12796 Oakhill Rd Ferguson deck $ 3,001.00 8-208 10/15/2008 12261 196th St Amann garage addition $ 5,200.00 8-209 10/21/2008 22150 Peabody Tr Kue reroof $ 7,500.00 8-210 10/21/2008 18989 Olinda Tr Kaiser reroof $ 5,000.00 8-211 10/21/2008 16960 197th St Dunbar garage $ 17,300.00 8-222 10/21/2008 21396 Olinda Tr Peterson reroof $ 7,650.00 8-223 10/21/2008 18081 Parade Ave Stepka siding $ 5,200.00 8-224 10/21/2008 16050 Quality Tr Larson reroof $ 19,000.00 8-225 10/21/2008 14541 Old Marine Tr Banse reroof $ 10,000.00 8-226 10/21/2008 14190 236th St Payer reroof $ 5,000.00 8-227 10/21/2008 10433 216th St Glaser reroof $ 10,000.00 8-228 10/21/2008 22351 St Croix Tr Ferraro reroof $ 5,100.00 8-229 10/22/2008 20971 Olinda Tr Elim Church reroof $ 120,000.00 8-230 10/22/2008 18070 Olinda Tr Sandercott reroof $ 25,000.00 8-231 10/22/2008 10520 180th St DeWolf reroof $ 5,940.00 8-232 10/23/2008 11345 228th St Cramer Accessory Bldg $ 16,640.00 8-233 10/23/2008 22210 Peabody Tr Atchison basement remodel $ 3,000.00 8-234 10/23/2008 11080 189th St Johnson reroof $ 8,266.00 8-235 10/28/2008 12614 182nd St Lepinski new construction $ 410,204.00 8-236 10/24/08 21136 Olinda Tr Dougherty reroof&reside $ 15,000.00 8-237 10/24/08 11010 Mayberry Tr Methven reroof $ 2,500.00 8-238 10/27/08 11560 239th St Unger reroof $ 9,000.00 8-239 10/27/08 14320 Oakhill Rd McMahon reroof $ 9,600.00 8-240 10/30/08 20570 Kirby Ave Barrott/Wigler reroof $ 7,500.00 8-241 10/30/08 21859 Oldfield Ave Janu reroof $ 6,400.00 8-242 10/30/08 15699 Pilar Ave Drewlo reroof $ 15,000.00 8-243 10/30/08 18829 Layton Ave Hochule reroof $ 5,000.00 $ 1,455,001.00 permit spreadsheet October 08 11/14/2008 1:56 PM City of Scandia Building Permits September-08 FEES Permit # Permit Fee Plan Review Fee Total 8-192 $ 69.50 $ 69.50 8-193 $ 69.50 $ 69.50 8-194 $ 69.50 $ 69.50 8-195 $ 69.50 $ 69.50 8-196 $ 69.50 $ 69.50 8-197 $ 3,305.00 $ 2,148.25 $ 5,453.25 8-198 $ 69.50 $ 69.50 8-199 $ 69.50 $ 69.50 8-200 $ 69.50 $ 69.50 8-201 $ 69.50 $ 69.50 8-202 $ 195.50 $ 195.50 8-203 $ 69.50 $ 69.50 8-204 $ 69.50 $ 69.50 8-205 $ 69.50 $ 69.50 8-206 $ 69.50 $ 69.50 8-207 $ 97.50 $ 63.40 $ 160.90 8-208 $ 125.50 $ 81.60 $ 207.10 8-209 $ 69.50 $ 69.50 8-210 $ 69.50 $ 69.50 8-211 $ 293.50 $ 190.80 $ 484.30 8-222 $ 69.50 $ 69.50 8-223 $ 69.50 $ 69.50 8-224 $ 69.50 $ 69.50 8-225 $ 69.50 $ 69.50 8-226 $ 69.50 $ 69.50 8-227 $ 69.50 $ 69.50 8-228 $ 69.50 $ 69.50 8-229 $ 208.50 $ 208.50 8-230 $ 378.75 $ 378.75 8-231 $ 69.50 $ 69.50 8-232 $ 279.50 $ 181.70 $ 461.20 8-233 $ 69.50 $ 69.50 8-234 $ 69.50 $ 69.50 8-235 $ 2,729.75 $ 1,774.35 $ 4,504.10 8-236 $ 69.50 $ 69.50 8-237 $ 69.50 $ 69.50 8-238 $ 69.50 $ 69.50 8-239 $ 69.50 $ 69.50 8-240 $ 69.50 $ 69.50 8-241 $ 69.50 $ 69.50 8-242 $ 69.50 $ 69.50 8-243 $ 69.50 $ 69.50 $ 9,907.00 $ 4,440.10 $ 14,347.10 Meeting Date: 11/18/08 Agenda Item: r ® City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Pay Request No. 1 and Final to T.A. Schifsky& Sons in the amount of$24,472.06. Deadline/ Timeline: N/A Background: • The City undertook this project to complete public improvements in "The Sanctuary"development after a default by the developer. • The original contract amount was $33,308.50 but the final cost was less due to smaller quantities of patching and curb repair than the original estimates. • The costs will be assessed to the remaining lots owned by the developer. Recommendation: Approve payment. Attachments/ • Pay Request Materials provided: Contact(s): Paul Hornby, Bonestroo Rosene Anderlik (651) 967-4625 Prepared by: Anne Hurlburt, Administrator (pay request to schfisky) Page 1 of 1 11/14/08 Owner: City of Scandia, 14727 209th St. N., P.0. Box 128,Scandia, MN 55073 Date: November 12,2008 For Period: 10/1/2008 to 11/12/2008 Request No: 1 AND FINAL Bonestroo Contractor: T.A. Schifsky&Sons Inc., 2370 E. Hwy. 36, North St. Paul, MN 55109 CONTRACTOR'S REQUEST FOR PAYMENT THE SANCTUARY BONESTROO FILE NO. 000568-08138-0 SUMMARY 1 Original Contract Amount $ 33,308.50 2 Change Order-Addition $ 0.00 3 Change Order- Deduction $ 0.00 4 Revised Contract Amount $ 33,308.50 5 Value Completed to Date $ 24,472.06 6 Material on Hand $ 0.00 7 Amount Earned $ 24,472.06 8 Less Retainage 0% $ 0.00 9 Subtotal $ 24,472.06 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 AND FINAL $ 24,472.06 Recommended for Approval by: BONESTROO Approved by Contractor: Approved by Owner: T. A. SCHIFSKY &SONS INC. CITY OF SCANDIA Specified Contract Completion Date: Date: November 29, 2008 56808138REQ1FINAL Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 1000.00 1 1 $1,000.00 2 SAWING BITUMINOUS PAVEMENT LF 450 2.00 450 450 $900.00 3 REMOVE BITUMINOUS PAVEMENT SY 275 3.80 275 275 $1,045.00 4 REMOVE AND REPLACE EXISTING CURB AND GUTTER LF 35 40.00 25 25 $1,000.00 5 SAW AND SEAL CRACKED CURB AND GUTTER EA 1 15.00 2 2 $30.00 6 REMOVE SEDIMENT OUT OF 15" RCP LF 50 5.00 50 50 $250.00 7 CBMH&CB-INSTALL BENCH,INVERT,GROUT DOGHOUSES, AND GROUT RINGS EA 2 280.00 2 2 $560.00 8 OCS-GROUT DOGHOUSES EA 1 1.00 1 1 $1.00 9 LV4 BITUMINOUS PATCHING,(B) TN 40 90.00 7 7 $630.00 10 TYPE LV 4 WEARING COURSE MIXTURE(B) TN 290 81.00 222.76 222.76 $18,043.56 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 185 3.50 175 175 $612.50 12 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR LS 1 400.00 1 1 $400.00 TOTAL BASE BID: $24,472.06 TOTAL BASE BID: $24,472.06 TOTAL WORK COMPLETED TO DATE S24,472.06 56808138RE41FINAL PROJECT PAYMENT STATUS OWNER CITY OF SCANDIA BONESTROO FILE NO.000568-08138-0 CONTRACTOR T.A.SCHIFSKY&SONS INC, CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 AND FINAL 10/01/2008 11/12/08 24,472.06 24,472.06 Material on Hand Total Payment to Date $24,472.06 Original Contract $33,308.50 Retainage Pay No. 1 AND FINAL Change Orders Total Amount Earned $24,472.06 Revised Contract $33,308.50 56808138REQ1 FINAL Meeting Date: 11/18/2008 Agenda Item: 9 d ) Z 1 City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt the Resolution Declaring Costs to be Assessed and Adopting Assessment for the completion of public improvements in"The Sanctuary"development. Deadline/ Timeline: Special assessments to be collected in 2009 must be certified to Washington County by November 30, 2008. Background: • The Sanctuary is a 58.18-acre, 6-lot subdivision located on Oxboro Circle, east of Oxboro Avenue. The developer defaulted on his agreement with the city prior to completing all the required improvements. • In September, the city entered into an agreement with the developer to a complete the improvement and assess the costs (less the funds available from a financial guarantee) to his remaining lots in the project. • In October, the City awarded a contract to T.A. Schifsky& Sons for completion of the project,the final cost of which was $24,472.06. In addition to this contract, the city has incurred $12,369.00 in engineering and legal and other expenses for a total amount of$36,841.06. • The City collected $12,375.00 from a letter of credit, leaving 24,466.06 to be assessed. Recommendation: I recommend that the Council adopt the resolution. Attachments/ • Draft Resolution 11-18-08-03 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (sanctuary assessments) Page 1 of 1 11/14/08 CITY OF SCANDIA RESOLUTION NO. 11-18-08-03 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ADOPTING ASSESSMENT WHEREAS, a contract has been let for the improvement of Oxboro Court in the City of Scandia by the installation of the wear course of bituminous surfacing and the repair of the base course of bituminous surfacing with associated work, and WHEREAS, the owner of the property to be assessed has requested and agreed that 100% of the cost be assessed against his property, except for the sum of$12,375.00 which has been received by the City pursuant to the terms of The RiverBank Letter of Credit No. 107716-4 and a certain Development Agreement dated July , 2005 between the owner and the Town of New Scandia(now City of Scandia); and WHEREAS, the contract price for such improvement is $24,472.06 and the expenses incurred or to be incurred in the making of such improvement amount to $12,369.00 so that the total cost of the improvement will be $ 36,841.06. NOW, THEREFORE, be it resolved by the City Council of Scandia, Minnesota, as follows: 1. The cost of the improvement to be assessed against the property is hereby declared to be $36,841.06 less the sum of$12,375.00 drawn on Letter of Credit No. 107716-4 for a total of$ 24,466.06. 2. Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein. Resolution No. 11-18-08-03 Page 2 of 2 3. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the 1st Monday in January, 2009 and shall bear interest at the rate of 6.5% per annum from the date of the adopting of this Assessment Resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, accept that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date of the adoption of this Resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest shall be charged through December 31 of the next succeeding year. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 18th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST Anne Hurlburt, Clerk/Administrator 2 Meeting Date: 11/18/08 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Issuance of a Certificate of Compliance to Tom and Lisa Stanek at 19107 Layton Ave N. to allow the placement of a fence. The applicant would like to install a temporary fence using high visibility orange (or similar) plastic to restrict traffic from the lot until completion of construction of a new home on the lot. Deadline/ Timeline: N/A Background: • Section 9.5 of Chapter 2 of the Zoning Regulations requires a Certificate of Compliance prior to the construction of any fence in the Shoreland Overlay District. • Mr. Stanek is proposing a 4' high plastic snow fence to encompass the yard for security and construction reasons. The fence would be removed as a condition of a Certificate of Occupancy. • The proposed fence location would be along the rear of the yard at Layton, then both side property lines down to "A" the lake or"B" the building setback and across at either one of those points. (See survey) • The parcel has been used for years as an access point for ice fisherman and the applicant wants to restrict the frost problems this causes because it is his intention to begin construction next spring. • He would like to install the fence at the shoreline so that vehicles do not drive up from the lake side of the parcel. Recommendation: This fence requires a Certificate of Compliance only because it is in the Shoreland District. The plastic snow fence is not an acceptable fence design however the fence is not intended to be permanent and will be removed upon the completion of construction. My recommendation is to issue the Certificate of Compliance for either option "A" or`B". Attachments/ • Draft resolution Materials provided: • Zoning application • Survey Contact(s): Prepared by: Steve Thorp Code Official tom stanek cert of comp CITY OF SCANDIA RESOLUTION NO. 11-18-08-04 CERTIFICATE OF COMPLIANCE FOR 19107 LAYTON AVE. N. WHEREAS, a Tom and Lisa Stanek have made application for a Certificate of Compliance for the construction of a fence in the Shoreland Management District, on property located at 19107 Layton Ave. N.; and WHEREAS, the property is legally identified as Lot 6, Block 1, Holiday Beach Second Addition, Washington County, Minnesota; and WHEREAS, the proposed fence is intended for temporary use to discourage unauthorized access and damage during construction on the site; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Tom and Lisa Stanek for a Certificate of Compliance; and FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The fence shall be placed in accordance with "Option A" as shown on the plan and application materials received by the City on November 12, 2008. 2. The fence shall not exceed four feet in height. Orange snow fencing material is acceptable for temporary use. 3. The fence shall be removed prior to issuance of a Certificate of Occupancy for a home. 4. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 18th day of November, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator File No. Z) a q 0,2 c/ APPLICATION FOR PLANNING AND ZONING REQUEST City of Sca ndia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/4l 3 -5112 Web http://www.ci.scandia.mn.us Please read before completing: The City will not begin pi ocessing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code, available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Applic 'on fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) ( 9 ( 0 7 L4y lion AN!, 2. Washington County Parcel ID: ? O -• D �a " (k.0 — `7tg - 000,6 3. Complete Legal Description: (attach if necessar, / ( o L L #d ( f' a y .c J t' c G 4. Owner(s): Phone: I'o m �- L.,is c S�atve K (h) -7 3 7 6, 7 - 1008 (b) 7 3 75, 550 7 Street Address: - E-Mail: 544 h I k (7y ih c- City/ State: Uct ` N . I �� (f y? Zip: 5-5- !�c� 5. Applicant/Contact Person: N Phone: (h) Q ►r)Vo a 5 /4-bov-e_ (b) Street Address (Mailing): E-Mail: City/ State: Zip: 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit _ Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension 1/5/2007 • 7. Brief Description of Request: (attach separate sliced if necessary) r c-►►.1u 04 Lor -to 171,2 i-r -fK►A�F►te ` Tg eAw_s 0►4 cut,sT(-k1(xi p, i� /te . Fe-„_ l f` ✓ 4-0 o w�-y CO.,...cA. al Lay ArtAtm.&. j %cc` ►S ZAso \c 00--ervc e-cI A /►.J I o 1- 1 .,.�.s reAA" v t \ , se ATI x Ca..s(fi�►-, i vr, 4.L . �kc si.o,,.c( a✓' ZS v., �L '2Inc Q"►�w-. T•-apa svv✓c jv- . c1 1S '7Ct•s.rsr Airy ,r. ►.4.114't ,,s \CC ,r ; CO•sew c..h o— . fe,./Nce. 11 1& creak.,t e"1 bt 4' 8. Project Name: ETA � 1)00ND t5 • I hereby apply for consideration of the above described retr!est and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: publication and mailing of notices; review by tlx: city's engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be re !cd to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, nplicant must provide written authorization by the fee owner in order for this application to be considered comp. Property Fee Owner Signature(s) Date: z(- (z Applicant Signature(s) Date: ((— (2 — d2 For r . Only Application Fees: 12 5, D D PAID NOV 1c2008 Parcel Search Fee: CITY OF SCANDIA Escrow Deposit: 1/5/2007 — Lr 3NlLpy,. �p '' O G a� I 4 Q c W j Z I�1 j E g- C_'iA 1 O R _- v CL5 '.x I s sF 4 K v, `O p$t- Al LU N ;9: Q C U zW= '' a 0. LL! O n v., g0f ' $ 3 / V . f its \ f ,. q ° �'���!( ,_ Th--,...er:??:".:—...)-- , 1' y [: ° ° , / i' n 2/ ..,, .i„,. t,„ ,i,...„1 ,, r �_ ' r'' a - ° �� -- d-_ I _: � r O a i- U to `! —I Z i' v. of Q oY kb I. 8 CCa ', °4 b 1Z� spa 9 /. .e,- b--. - s G m O N t1 <; :—zr ,, . e • Q �� lcL.,, .., , „. + oo is 1 )- �5 0 a3a cn 3 it 3 Bzrc� a p- xwu•n ^ 1 R L Xf ` aN% 4 S , o 1 1a ga:' 'W ��"'v .-#� $ ' a 'per - , W a 8�' a e a Q x w E '' a 3 'a �n co 4 Meeting Date: 11/18/2008 Agenda Item: i , & ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider Washington County's proposal for traffic signs in city right- of-way at the intersection of Lofton Avenue(County Road 1) and Highway 97. Deadline/ Timeline: N/A Background: • There have been numerous crashes at the intersection of Lofton Avenue(County Road 1) and Highway 97. In March of this year, the Council directed that a letter to be sent to Washington County supporting safety improvements for the intersection. • Washington County proposes some signage improvements focused on reducing the occurrence of drivers failing to stop at the intersection. They would relocate an existing"stop ahead" sign closer to the intersection, and upgrade it to a larger sign. And, if the city consents and the topography allows, three yellow "9- button"or similar signs would be placed in city right-of-way in the line of sight for drivers southbound on Lofton. Recommendation: I recommend that the Council consent to the placement of the signs in city right-of-way. Attachments/ • E-mail dated November 13,2008 from Joe Gustafson, P.E., Materials provided: Washington County Public Works • Letter dated March 19, 2008 to Wayne Sandberg, Washington County Public Works Contact(s): Prepared by: Anne Hurlburt, Administrator (97 and Lofton signage) Page 1 of 1 11/13/08 Page 1 of Anne Hurlburt From: Joe Gustafson [Joe.Gustafson@co.washington.mn.us] Sent: Thursday, November 13, 2008 8:32 AM To: 'a.hurlburt@ci.scandia.mn.us' Subject: Proposed signing at TH 97/ Lofton Attachments: 97LoftonSigns.pdf Hello Anne, Per our phone discussion earlier on Wednesday, the County is looking at potential signing improvements for the southbound approach of County Road 1 (Lofton Ave) to State Trunk Highway 97 within the City of Scandia. Most crashes that occur at rural intersections occur when drivers stop and then pull out when it is not safe to do so, either because they could not see the cross traffic, misjudged the speed of cross traffic, or were simply careless. Running the stop sign is considerably less common in most cases, however this seems to occur at Lofton more than would be expected, so we are focusing our solutions on reducing the occurrence of drivers failing to stop. We are also constrained in what we as a county can do,since the stop sign itself is within Mn/DOT right-of-way. Based on what we are able to do outside of Mn/DOT right-of-way, I have asked County staff to do the following: -Relocate the existing"Stop Ahead" sign closer to the intersection. This should improve its visibility since southbound drivers will no longer be in the curve, and the sign will be closer to the typical point where drivers begin braking. -Upgrade the stop ahead sign to a larger sign. The current sign is smaller than our current standards. -If the City of Scandia consents, we hope to place 3 yellow "9-button" or similar signs south of the intersection, outside Mn/DOT right-of-way, in line with and facing the southbound approach lane, as shown in the attached PDF . Please note that this may not be possible due to elevation difference. We could also try to get a permit from Mn/DOT to put these signs within Mn/DOT right-of-way, but their permit process takes months and, in my experience, sometimes gets forgotten altogether. We did also consider two frequently requested measures, flashing signs and rumble strips. Rumble strips have not been shown to have any safety benefit and can generate significant noise for those living nearby, and we have been treating flashing signs as a measure of last resort due to their up-front costs and ongoing maintenance needs. We believe that by placing the proposed signs within the drivers' line of sight, we can have a more substantial effect than flashing signs or rumble strips would have. If the City is amenable to allowing us to place these sign structures within City right-of-way, please let me know and we will proceed accordingly. Thanks, Joe Gustafson Washington County Joseph A.Gustafson,P.E. Transportation Engineer Washington County Public Works 11660 Myeron Road North Stillwater,MN 55082 Phone:(651)430-4351 Fax:(651)-430-4350 11/13/2008 .8 0 0 I ILL1 C 'G' r Civ A yV CO ce re .,, ,, 3 s` s a r- f • x„Mj Sr i�a> ' �f. a¢ 4"§ 213. ! t Usi N •1'S t#:r. '4+ , t 1 'r, .`1, ,_?1 ., '.i 5 a ' '4 r,.' $ff",,�4,,t t r .g r AIt% k ii. u.- / kAr : T .,t► :'` ')` r' •E'.tsti . . f rj,), 3 rtt x 'C : ' • , it:: '°'' A , iss j ,, , * , Ai{ �7'i• . i.4 15 i cis l f •..4.. t e'r:•'",, t.1,71--#'‘.: < 6 , ' `f i kMM • .- 1 1 ys /t 1-a .. i 'd { 441 si '4 , r / P �. } ''t{ '> r4� ii si sta f Wei it / E 1 i'4 - t tL f it '. s ,,,',, 1, iir f.ci ...,...1.-t-', CD , r°` • v e r� , { tk• tr� i/''" 5 n03 ra ", r •tA z ' _ . _ 5a . x, . . f rs. a' ' �Ais,1, a ,, ri.0 saw.c•krS'b4 a cl ' .k. .‘„ ' vy ..",. ,i://1, - 524 • "itIll (13 � ct ., t 1 $, . * °.• ?S1d. +4a / `' °`Y,, { {'lit ifS t5L. /ti _ ° ._ gigll Q �- ar! 4 tit F r 9a E � ,t � Noc ,y[, !77 j 3 iii • * $ k 16 j f f f.•A N.0 Vl z w . a March 19, 2008 Wayne Sandberg, Deputy Director Washington County Public Works Dept. 14949 62nd Street North, PO Box 6 Stillwater, Minnesota 55082-0006 Dear Mr. Sandberg: I am writing at the request of the Scandia City Council to express their concerns about traffic safety at the intersection of County Road 1 (Lofton Avenue) and State Highway 97 (Scandia Trail.) Recently there have been a number of serious crashes at this intersection. We understand that some of the crashes have been due to the failure of vehicles traveling southbound on Lofton to stop at the intersection. We also have concerns about the visibility of Highway 97 traffic, particularly westbound vehicles, for motorists at the stop sign on Lofton. The presence of large sand and gravel trucks on these roadways further exacerbates the concern. We understand that you are considering some safety improvements for this intersection. Scandia supports your efforts in this regard. Please contact me if you have any questions or if we can be of any assistance to you in this matter. You can reach me at 651 433- 2274 or at a.hurlburt@ci.scandia.mn.us. Sincerely, Anne Hurlburt City Administrator cc: Mayor and City Council Dennis Hedberg, Commissioner District 1 Meeting Date: 11/18/2008 Agenda Item: d.) City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss annual renewal of insurance coverage from League of Minnesota Cities Insurance Trust (LMCIT) and take the following actions: • Decide whether or not to waive the monetary limits on tort liability established by Minnesota Statutes; and • Discuss whether or not to purchase additional coverage or make changes in coverage for the coming year. Deadline/ Timeline: The renewal date for all insurance coverage provided by LMCIT is December 1, 2008. Background: • The City must decide each year whether to waive the statutory monetary limit on tort liability. In the past, the City/Township has waived the limit. Without the waiver, an individual claimant would be able to recover no more than $400,000 on any claim to which the limits apply, with a total limit on a single occurrence of $1.2 million. (These limits increased from last year, when they were $300,000/ $1 million.) With the waiver, a claimant could potentially recover an amount up to the $1.2 million, or up to the limit of the City's excess liability coverage (which is currently $1 million.) Most (about 70%) communities do not waive the limit. Without the waiver, there would be a savings on liability insurance premiums, as much as $1,200 to $1,300 per year. LMCIT's publication on liability coverage and waivers is attached for your information. • The City has its faithful performance bond coverage through LMCIT, and currently carries $100,000 of coverage. It also covers the Fire Relief Association, and meets the statutory limits for that coverage (at least 10% of assets or $500,000, whichever is less.) However, the amount of coverage is less than what is recommended by the Municipal Finance Officers Association, which would be $150,000 to $175,000 based on an "exposure index" equal to 10% of a city's gross annual revenues. plus the market value of any negotiable securities. The cost of increasing the bond coverage to $200.000 is estimated at about $300 per Page 1 of 2 1 1/14/08 year. • Agent Joann Buse has recommended that the Council discuss whether or not to add any insurance coverage for"property in the open" (PIO.) PIO coverage would be for items such as playground equipment, street lights, baseball field lighting, and other items located outside other than buildings. Such coverage is somewhat expensive ($0.86 per $100 of value) and would be subject to our $500 deductible. This coverage may have been discussed in the past but has not been purchased. Since it is unlikely that a major loss would occur to all of these items at once because of their nature and physical locations, the risk may be reasonable to assume. The City could also choose to cover some items but not others. • The City currently has a deductible of$500 for all claims. Increasing the deductible to $1,000 would save about $1,793 annually. Increasing the deductible to $2,500 would save about $3,287. Based on the number of claims the city submits, it would not appear to be a good value to increase the deductible. • In 2007, the City added Open Meeting Law Defense coverage to the LMCIT insurance package. Unless the Council directs otherwise, we would continue this for the 2009 renewal. Recommendation: I recommend that the Council NOT WAIVE the liability limits for 2009. The cost savings could be used to help offset the expected inflationary increase in premiums, and to increase the city's bond coverage limits to $200,000. I recommend that the city not purchase PIO coverage, change deductibles or make other coverage changes at this time. Attachments/ LMCIT Risk Management Information re: Materials provided: • Liability Coverage Options • LMCIT Bond Coverage Contact(s): Joann Buse, Agent Security State Agency (433-5753) Prepared by: Anne Hurlburt, Administrator (insurance renewal) Page 2 of 2 11/14/08 LEAGUE of- CONNECTING & INNOVATING MINNESOTA SINCE 191 CITI ES RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of$400,000 per claimant and $1,200,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? LMCIT's liability coverage provides a limit of$1,200,000 per occurrence, matching the per- occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $400,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit applies to the particular claim, LMCIT and the city would be able to use that limit as a defense. Beside the overall coverage limit of$1,200,000 per occurrence,there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: Products/completed operations $2,000,000 annually Failure to supply utilities $2,000,000 annually EMF $2,000,000 annually Limited pollution* $2,000,000 annually Mold $2,000,000 annually Land use litigation** $1,000,000 annually Employers liability (work comp) $1,200,000 annually * Includes sudden and accidental releases of pollutants; herbicide and pesticide application; sewer ruptures, overflows and backups; and lead and asbestos claims. The limit applies to both damages and defense costs. ** Coverage is on a sliding scale percentage basis, and applies to both damages and litigation costs. LEAGUE OE MINNESOIA CITIES .\rt tintsI MOM 1651) 281 1200 rnx,(651) 281-1298 INSURANCE iRUS1 roll Itrr: (800)925-1122 LI) WN%(Mt OR) If the statute limits our liability to $1,200,000 per occurrence, why would the city purchase higher coverage limits than that? There are several different reasons why cities should strongly consider carrying higher limits of liability coverage. 1. The statutory tort limits either do not or may not apply to several types of claims. Some examples include: • Claims under federal civil rights laws. These include Section 1983, the Americans with Disabilities Act, etc. • Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. • Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjoining states, or when a city official attends a national conference or goes to Washington to lobby, etc. • Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund-raiser, for example. • Claims based on a "taking"theory. Suits challenging land use regulations frequently include an"inverse condemnation"claim, alleging that the regulation amounts to a"taking" of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks. The table on page 1 lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas,there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. However there are a couple of important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: • The excess coverage does not apply to three risks: failure to supply utilities; mold; and "limited pollution"claims if either the pollutant release or the damage is below ground or in a body of water; and • The excess coverage does not automatically apply to liquor liability unless the city specifically requests it. 2 3. The city may be required by contract to carry higher coverage limits. Occasionally, a contract might include a requirement that the city carry more than $1,200,000 of coverage limits. Carrying excess coverage is a way to meet these requirements. (There's also another option for cities in this situation. LMCIT can issue an endorsement to increase the city's coverage limit only for claims relating to that particular contract. There's a small charge for these "laser" endorsements.) 4. There may be more than one political subdivision covered under the city's coverage. An HRA, EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the EDA, theoretically the claimant might be able to recover up to $1,200,000 from the city and another$1,200,000 from the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this situation. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and indemnify another entity. 5. Cities sometimes choose to carry higher coverage limits because of a concern that the courts might overturn the statutory liability limits. However, those limits have now been tested and upheld several times in Minnesota. While it's always possible that a future court might decide to throw out the statutory limits, this is now less of a concern. What excess liability coverage limits are available? Excess coverage is available in $1 million increments, up to a maximum of$5 million. Does the optional excess coverage apply to all types of claims? No. The excess liability coverage does not apply to the following types of claims: limited pollution, mold, failure to supply utilities, auto no-fault,uninsured/underinsured motorist, workers compensation, disability, or unemployment claims, or claims under the medical payments coverage. We're just a small city. Isn't excess liability coverage really just something that big cities might need? Absolutely not. If anything, excess liability coverage is even more important to a small city. If a city ends up with more liability than it has coverage,the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million dollars of liability over and above what its LMCIT coverage pays might be able to spread that $1 million cost over several thousand taxpayers. The small city by contrast might be dividing that same $1 million cost among only a couple hundred taxpayers. $1 million divided among 5000 taxpayers is $200 3 apiece—annoying but probably at least manageable for most taxpayers. $1 million divided among 200 taxpayers is $5000 apiece—enough to be a real problem for many. LMCIT now gives the cities who participate in the primary liability coverage the option to waive the $400,000 per claimant statutory liability limit. What's the effect if we do this? If the city chooses the "waiver"option, the city and LMCIT no longer can use the statutory limit of $400,000 per claimant as a defense. Because the waiver increases the exposure, the premium is roughly 3%higher for coverage under the waiver option. If the city waives the statutory limit, an individual claimant could therefore recover up to $1,200,000 in damages on a claim. Of course, the individual would still have to prove to the court or jury that s/he really does have that amount of damages. Also, the statutory limit of$1,200,000 per occurrence would still apply; that would limit the individual's recovery to a lesser amount if there were multiple claimants. Why would the city choose to pay more in order to get the waiver-option coverage? Does it give the city better protection? No. Buying coverage under the"waiver"option doesn't protect the city any better. The benefit is to the injured party. The statutory liability limit only comes into play in a case where 1. the city is in fact liable; and 2. the injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means that an injured party won't be fully compensated for his/her actual, proven damages that were caused by city negligence. Some cities as a matter of public policy may want to have more assets available to compensate their citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers' funds by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. How would the waiver affect our city's coverage or risk on those claims that the statutory tort liability limits don't apply to? It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't apply to. 4 What's the effect of waiving the statutory limits if we have excess coverage? If the city has $1 million of excess coverage and chooses to waive the statutory tort limits, the claimants (whether it's one claimant or several)could then potentially recover up to $2.2 million in damages in a single occurrence. If the city carries higher excess coverage limits, the potential maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of kids, causing multiple serious injuries. $1,200,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more funds available to compensate the victims in that kind of situation. The cost of the excess liability coverage is about 25%greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the cost difference at the primary level because for a city that carries excess coverage, waiving the statutory tort limits increases both the per- claimant exposure and the per-occurrence exposure. If we waive the statutory tort liability limits, does it increase the risk that the city will end up with liability that LMCIT doesn't cover? No. The waiver form specifically says that the city is waiving the statutory tort liability limits only to the extent of the city's coverage. Of course, that's not to say that there is no risk that the city's liability could exceed its coverage limits. We listed earlier a number of ways that could happen to any city. But the waiver doesn't increase that risk. Can we waive the statutory tort limits for the primary coverage but not for the excess coverage? No. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of the coverage limits the city has. The city cannot partially waive the statutory limits. I'm confused. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following page is a shorthand summary of what the effect would be of the various coverage structure options in different circumstances. I'm still confused. Who can I talk to? Give us a call at the League office. Pete Tritz, Ann Gergen, Doug Gronli, or any of LMCIT's property/casualty underwriters will be glad to talk with you. Pete Tritz 2/08 5 r LEAGUE or CONNECTING & INNOVATING MINNESOTA srNCI 1913 CITIES LMCIT Liability Coverage Options On a liability claim to which On a liability claim to which the statutory limits apply the statutory limits do not apply Coverage structure This is the maximum This is the maximum total This is the maximum amount of damages which LMCIT would If the city: amount a single claimant amount that all claimants could pay on the city's behalf for a single occurrence,regardless of could recover on an recover on a single occurrence. the number of claimants. occurrence. Does not have excess coverage& Does not waive the statutory limits $400,000 $1,200,000 $1,200,000 Does not have excess coverage& Waives the statutory limits $1,200,000 $1,200,000 $1,200,000 Has$1,000,000 of excess coverage& Does not waive the statutory limits $400,000 $1,200,000 $2,200,000 Has$1,000,000 of excess coverage & Waives the statutory limits $2,200,000 $2,200,000 $2,200,000 LEAGUE OF MINNESOTA CI I IES ifs uNnvr:usrrl°,w[.w[>i 'HUNT 651)281-1200 FAX (6511281-1298 INSURANCE TRUST r. rnur. MN 5 )Oa-2(44 TOrr rrrrl. 1800)925-1122 w[r vywwr NJ( ()rt1; 0 LEAGUE OF CONNECTING & INNOVATING MINNESOTA S1NCt'. 1913 CITIES RISK MANAGEMENT INFORMATION LMCIT BOND COVERAGE LMCIT offers public employee bond coverage as part of the overall package of coverage for cities. LMCIT's bond program is designed to make available all of the bond coverage and limits that cities and city officials need, and to coordinate the bond coverage with the city's other coverages to avoid gaps, overlaps, and inconsistencies. Nearly 700 cities now obtain their bond coverage through LMCIT. All LMCIT bond coverage is now written on a blanket faithful performance basis. The fidelity- only coverage options were little-used by LMCIT members and were discontinued in 2007. The minimum bond coverage available is $50,000 and limits up to $1,000,000 are available. The bond coverage is part of the overall property and liability coverage program, and is therefore subject to the same per-occurrence or aggregate deductibles as the rest of the city's coverages. In addition, LMCIT provides an automatic $250,000 of crime protection as part of each city's property coverage. What are the advantages of LMCIT bond coverage? The LMCIT bond coverage forms are specifically designed to meet the needs and requirements of Minnesota cities. Where outside parties such as the Farmers Home Administration or the State Lottery Board require specialized bond forms,these can be incorporated into the basic bond coverage by endorsement, generally for no charge. Coverage for city relief associations is included as a standard feature of the city's bond coverage. Other city-related organizations such as EDAs,port authorities,HRAs, etc. can also can be included under the city's bond coverage as well if the city wishes. Here are some other points to note: 1. The city's bond coverage should be coordinated with the city's other crime coverages, to make sure there are neither gaps nor overlaps of coverage. With faithful performance bond coverage, there's a potential overlap with the city's liability coverage as well. The LMCIT bond, crime, and liability coverages are designed to fit together to meet city needs. 2. If different carriers provide the bond and the crime coverages, it can be a problem for the city at claim time. The city has to be able to show whether the theft was by a city employee,which is the bond's responsibility; or by an outsider,which falls under the crime coverage. If it's not clear who stole the money,the city can be left in the middle of a finger-pointing contest This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 145UNivti&s1 TYAvt.w£sT riioNt:(651)281-1200 tnx:(651)281-1298 INSURANCE TRUST s i i'AU]..MN 55I03-2044 1011 1Rtt:(800)925-1 122 WEB:WWWI MC(AG between the two carriers. When LMCIT is providing both coverages, it eliminates that potential problem. 3. In many cases the bond coverage forms commercial carriers use don't really seem to provide what the statutes require. This is particularly true with faithful performance bonds. 4. Under most private bond forms, it's the city's responsibility to prove that there's been a covered loss and to determine and document the amount of that loss. If it's necessary to hire an outside auditor to do so,the city would have to bear that cost. Unlike private bond forms,the LMCIT bond coverage includes coverage for reasonable audit and accounting costs to document the city's claim. What's the difference between a fidelity bond and a faithful performance bond? There are a couple important differences. First,the typical fidelity bond covers only the risk of employee dishonesty—the risk that the employee will steal the city's money. The LMCIT faithful performance bond covers that risk as well as the risk that a city officer or employee might steal someone else's money. Second,besides covering dishonesty the faithful performance bond also covers losses that result from other ways that an employee might fail to faithfully perform his/her duties. In other words, the faithful performance bond also protects the city and members of the public against losses caused by other types of employee malfeasance as well. What are some examples of what a faithful performance bond would cover that a fidelity bond would not? Here are a few examples of situations where the faithful performance bond's broader coverage could come into play: • A treasurer knowingly and intentionally invests city or relief association funds in an investment that's not permitted by statute. That investment loses money. A faithful performance bond would cover that loss. • A city employee fails to send the FICA withholding to the IRS, and instead steals the money. The city incurs penalties and interest for not remitting those funds on time. A fidelity bond would only cover what the employee actually stole. The faithful performance bond would also cover the penalties and interest the city incurred because of the employee's malfeasance. • The city accepts credit card payments for city services. A city employee with access to a citizen's credit card information uses that information to make fraudulent charges. A fidelity bond wouldn't cover the citizen's loss; the faithful performance bond would. • A city employee acting within the scope of his/her duties does something that harms a member of the public, and the employee's action is clearly a case of intentional wrongdoing that constitutes"malfeasance,willful neglect of duty, or bad faith". The LMCIT liability coverage 2 therefore does not cover the damages awarded against the employee because it's a case of malfeasance. (The liability coverage would cover the employee's defense costs, along with any damages awarded against the city.) The city similarly isn't required to pay the damages awarded against the employee. In this case, the faithful performance bond would cover those damages if the injured party was not able to recover them from the guilty employee. Why would we want to protect an employee from the consequences of his/her own intentional wrongdoing? The faithful performance bond does not protect the employee. It protects the city and the public. It's extremely important to understand that whenever LMCIT pays any loss under the bond coverage,LMCIT is entitled to attempt to recover that loss from the employee who caused it. That's true regardless of what the basis of the claim is, and regardless of whether the claim is by the city or by a member of the public. The bond doesn't relieve the employee of the duty to make the payment; it relieves the city and/or the injured citizen of the hassle and uncertainty of trying to collect it from him/her. A member of the public can't collect under an employee's faithful performance bond unless s/he has a valid claim against the employee, and has first tried and failed to collect directly from the employee. M.S.574.25 says that when a member of the public has a claim against a public employee covered by a faithful performance bond,the claim is to be paid first"...out of the property of the principal, if sufficient can be found, and, if not, out of the property of the surety." With regard to claims by the city, it's very important to remember that the employee will ultimately be financially responsible for that claim. In other words, if the city makes a claim under the faithful performance bond, the city is saying that the employee failed to faithfully perform his/her duties and that the employee him/herself should therefore repay the city for the loss s/he caused. In short,the bond pays only if the employee has a duty to do so; and if the employee has a duty to pay,the bond carrier is entitled to recover from the employee anything it pays on the employee's behalf. So the employee is completely on his/her own if s/he's accused of intentional wrongdoing? No,not if s/he's only accused of intentional wrongdoing. But s/he is on his/her own to pay the damages if the court determines s/he actually did it. Remember,the LMCIT liability coverage will pay for the employee's defense on a liability claim, even if the claim accuses him/her of intentional wrongdoing. But if the court determines that the employee actually was guilty of malfeasance, intentional neglect of duty, or bad faith,the LMCIT liability coverage won't pay for any damages the employee is ordered to pay. In that situation, the claimant could look to the employee's faithful performance bond if s/he can't collect directly from the employee. The bond would then pay the claimant(subject to the bond limits, of course), and in 3 turn LMCIT would attempt to recover from the employee whose intentional wrongdoing caused the damage. Doesn't a faithful performance bond overlap with the city's liability coverage for other kinds of tort claims against the city? No. Remember, a third-party claimant can only make a claim against a bond after first trying and failing to collect from the employee. Where the liability coverage applies, the claimant would already have been paid under the liability coverage. Does the bond come into play in cases of simple negligence of a city employee, that don't involve malfeasance, willful neglect of duty, or bad faith? Probably not in any meaningful way, though the statutes are confusing on this point. M.S. 574.24 arguably may require the faithful performance bond to cover losses caused by the bonded employee's ordinary negligence as well. In order to be sure it meets the strictest reading of this statute,the LMCIT faithful performance bond coverage provides a small amount of coverage for claims caused by an employee's ordinary negligence. This is limited to 10% of the bond amount. But whether that has any real practical effect is questionable, either for claims by the city or for claims by a member of the public. With regard to a claim for ordinary negligence by a member of the public,here are some key points: • Most third-party negligence claims will be covered by LMCIT's liability coverage, so there's rarely any reason to even worry about how the bond coverage might apply. • Before someone other than the city can make a claim under the faithful performance bond,they must first have tried and failed to collect from the employee him/herself. • When someone makes an ordinary negligence claim against a city employee and it's not covered by the liability coverage,the city is still required by statute to defend and pay damages on behalf of the employee. ■ If the bond were ever to pay on an ordinary negligence claim against a city employee, LMCIT would in turn seek reimbursement from the employee. The statute would require the city to indemnify the employee for that claim as well. In other words, an ordinary negligence claim by a member of the public against a city employee ends up one way or the other being the city's responsibility if it's not covered by the city's liability coverage. The bond doesn't change that. A similar kind of circularity would result if the city itself were to make a claim against a city employee for losses to the city caused by the employee's negligence. Assuming the city could even make that kind of claim,the statute would seem to require the city to indemnify the employee against the city's own claim. Or if the city made a claim under the bond for a loss caused by an employee's ordinary negligence, and the bond were to pay that claim. LMCIT would in turn seek reimbursement from the employee—again creating a claim against the employee which the statute would require the city to defend and indemnify. 4 In short,the LMCIT faithful performance bond form specifically includes coverage for ordinary negligence claims in order to make sure the bond complies with the strictest possible reading of what the statutes require. But it's doubtful whether that feature of the LMCIT bond coverage really has much if any practical effect in the real world. How does the coverage for audit and accounting costs work? The LMCIT bond coverage will reimburse the city for reasonable audit and accounting costs the city incurs to establish the existence and amount of a loss. This reimbursement is subject to a limit equal to 25% of the covered loss. This expense reimbursement is in addition to the bond coverage limit. Here are two examples to illustrate how this would work in practice: • The city has a$100,000 bond. An employee steals $50,000 from the city. LMCIT would reimburse the city for the full$50,000 loss,plus up to $12,500 for reasonable audit and accounting costs. • The city has a$100,000 bond. An employee steals $150,000 from the city. LMCIT would reimburse the city for$100,000 of the loss,plus up to $25,000 for reasonable audit and accounting costs. The 25% limitation on reimbursement for audit and accounting costs is meant to assure some proportionality between the loss and the amount the city spends trying to prove that loss. We've seen instances where the city has retained an outside auditor to help document an employee dishonesty loss, and the auditor's bills have actually been greater than the amount of the loss itself. It's possible, of course, that there could be instances where a city incurs audit and accounting costs greater than the 25%reimbursement limit. If so,those additional costs would be the city's responsibility. But it's important to keep in mind that a conventional bond provides no coverage at all for those costs; since it's the claimant's responsibility to prove that a loss has occurred and to establish the amount of the loss, under a conventional bond any costs the city would incur to prove its loss would be entirely the city's responsibility. Finally, it's important to note that the LMCIT bond's expense reimbursement provisions apply only when there is an actual loss. If the city suspects an employee dishonesty loss and incurs audit costs investigating it but ultimately isn't able to show that a loss has occurred,those audit costs the city incurred would not be reimbursed. You said earlier that standard faithful performance bond forms may not meet statutory requirements. What do you mean? Various statutes require faithful performance bonds for specific officers. Some examples are • M.S.412.111 for statutory city clerks and treasurers • M.S. 69.051 for relief association treasurers 5 • M.S. 469.051 for port authority treasurers • M.S. 469.096 for EDA treasurers. M.S. 347.167 for gambling managers could also come into play for a relief association that conducts charitable gambling. Another statute,M.S. 574.24, specifies that a public officer's bond is security to any person who is injured by the officer's official misconduct or neglect. Many public official bond forms we've seen include a "sole benefit" clause. This clause states that the bond is only intended for the benefit of the public body itself and that no one else may make a claim against the bond. This seems directly contrary to what M.S. 574.24 requires. Public official bond forms from private insurers also very commonly incorporate exclusions for torts or civil rights violations. Obviously this is one of the ways a public official could fail to perform his duties. Another common exclusion in conventional bond forms is for losses resulting from trading securities or from other investment activities. A main reason why the statutes require a faithful performance bond on positions such as a relief association treasurer is because of the treasurer's investment responsibilities. It would seem to miss not only the letter but the intent of the law if the bond excludes coverage for that exposure. Why doesn't LMCIT give us the option to carry fidelity bonds only on certain individuals or positions, or to carry smaller limits on some employees, as our city has done in the past? When you structure bond coverage in that way,you're in effect betting that you know who's going to steal the money and how much they'll each be able to steal. From the standpoint of protecting the public's funds, it seems better to simply cover all the possibilities,however remote. LMCIT's experience with bond claims really reinforces that point. In the vast majority of cases, the guilty parties have been in positions other than the ones for which the statutes require a bond. A few of those cases have involved very substantial amounts —in the six-digit range. How do we decide what bond limits to carry? This is one of those "how high is up?" questions that there really isn't a single good answer to. The lowest bond coverage limit LMCIT offers is $50,000 and limits up to $1,000,000 are available. The statutes specify minimum bond limits for certain positions: • A relief association treasurer's bond must be at least 10% of the relief association's assets or $500,000, whichever is less. M.S. 69.051, subd. 2. • A gambling manager's bond must be at least$10,000. M.S. 349.167, subd. 1. 6 • An EDA or port authority's bond must equal at least "twice the amount of money likely to be on hand at any one time" or$300,000, whichever is less. M.S. 469.051, subd. 6; and M.S. 469.096, subd. 6. Keep in mind that these are minimums, and the governing body could decide that higher bond limits are appropriate. Some charters may also require specific bond amounts for some positions. Generally though the statutes leave the amount of the bond to the council's judgment. We still occasionally see cities that have very low bond limits—sometimes so low that the bond doesn't really provide any significant financial protection to the city. Losses from employee dishonesty in Minnesota cities have thankfully been rare. But they do occur, and occasionally those losses can be very substantial. Even in smaller cities with limited budgets,there have been examples of theft by a trusted long-term employee that extended over many years,and that in total added up to six-digit amounts. Keep in mind that the bond is triggered by when the loss is discovered—not by when the theft occurred. You can't make a claim against last year's bond for a loss you discover this year,even if the actual theft occurred last year. In other words, even if the city had a$5000 bond in place for ten years and the employee stole $5000 in each of those ten years,the city will still recover only $5000 from the bond carrier. A number of years ago,the Municipal Finance Officers Association developed a formula for determining suggested fidelity bond amounts for city officers. This formula uses an"exposure index" equal to the sum of 10%of the city's annual revenues,plus the market value of negotiable securities. A table then gives a recommended minimum bond limit range for the city's exposure index. The table is shown on the following page. Of course,there's nothing magic about this formula, and there's certainly no guarantee that the bond amounts suggested in the table will be enough to cover any loss the city might suffer. But it does provide a starting point for thinking about amounts of bond coverage. Pete Tritz 2/08 7 Suggested Minimum Amounts of Bond Coverage Exposure Index* Bracket Suggested Bond Amount $ 0 - $25,000 1 $ 15,000 - $25,000 25,000 - 125,000 2 25,000 - 50,000 125,000 - 250,000 3 50,000 - 75,000 250,000 - 500,000 4 75,000 - 100,000 500,000 - 750,000 5 100,000 - 125,000 750,000 - 1,000,000 6 125,000 - 150,000 1,000,000 - 1,375,000 7 150,000 - 175,000 1,375,000 - 1,750,000 8 175,000 - 200,000 1,750,000 - 2,125,000 9 200,000 - 225,000 2,125,000 - 2,500,000 10 225,000 - 250,000 2,500,000 - 3,325,000 11 250,000 - 300,000 3,325,000 - 4,175,000 12 300,000 - 350,000 4,175,000 - 5,000,000 13 350,000 - 400,000 5,000,000 - 6,075,000 14 400,000 - 450,000 6,075,000 - 7,150,000 15 450,000 - 500,000 7,150,000 - 9,275,000 16 500,000 - 600,000 9,275,000 - 11,425,000 17 600,000 - 700,000 11,425,000 - 15,000,000 18 700,000 - 800,000 15,000,000 - 20,000,000 19 800,000 - 900,000 20,000,000 - 25,000,000 20 900,000 - 1,000,000 25,000,000 - 50,000,000 21 1,000,000 - 1,250,000 50,000,000 - 87,500,000 22 1,250,000 - 1,500,000 87,500,000 - 125,000,000 23 1,500,000 - 1,750,000 125,000,000 - 187,500,000 24 1,750,000 - 2,000,000 187,500,000 - 250,000,000 25 2,000,000 - 2,250,000 250,000,000 - 333,250,000 26 2,250,000 - 2,500,000 333,325,000 - 500,000,000 27 2,500,000 - 3,000,000 *The city's"exposure index" equals 10%of the city's gross annual revenues, plus the market value of any negotiable securities. 8 Meeting Date: 11/18/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Authorization to accept the proposal of the lowest bidder to replace electrical wire and two pumps for the septic tank at the Community Center. Deadline/ Timeline: N/A Background: • The warning alarm has been activated as the pumps quit working in the septic tank that pumps effluent from the Community Center to the Uptown septic field. Currently the system installed on the Community Center property is being used as the effluent is diverted to those trenches. • A check valve that does not allow effluent to go into the pump tank is slowly leaking thus filling the bypassed tank and making the alarm sound. • The pumps need to be repaired to bring the Uptown system back on line for the Community Center. One bid is to replace the current system with the exact same components and the other is to upsize the components so that the pumps need not work as hard. • All purchases over$2,000 that would cause a budget line item to be exceeded require City Council approval per the city's Purchasing Policy (Resolution 07-15-08-02.) The line item for building repairs for the Community Center would be exceeded. However, there will probably be sufficient funds in other line items in the 2008 budget to cover the cost. Recommendation: I recommend that the Council accept the proposal of C & B Excavating/Sewer, Inc to repair the pumps. It is my opinion that both bids are comparative as the pumps are similar in price though not in size and the labor is virtually the same regardless of the size of the pump. By upsizing the pumps it should allow for an increase in hydraulic head pressure and get the effluent to the trenches a little more efficiently. Attachments/ • C & B Excavating/Sewer, Inc proposal Materials provided: • Olson's Sewer Service, Inc proposal Contact(s): Larry Christiansen, 651-433-3986 Prepared by: Steve Thorp, Code Official (repair septic pumps at Comm Center) Nov 12 08 05:07p C&B Ewer 5514i3-1 -1S1 p2 Pape No_ ar Pages C&B EXCAVATING/SEWER, INC. SEPTIC TANK PUMPING, FROZEN SEWER LINES THAWED BASEMENT EXCAVATION, HAULING & SEPTIC SYSTEM INSTALLATION 16115 Quality Trail North SCANDIA, MINNESOTA 55073 (651)433-398 • Fax(55]) 433-4481 Fn.'VI'JsAt su6NII Itu lc n PliDt1[ WI STRCCT JOB NA 1I nrrv,eTATC AND;IP CCCE (— � J0.33 1.6CATION AitiIll1Cl DATE OF PI ANIS JDD VON( We hereby submit specifications and estimates.for • ----- ..._-----.0.c L.\Ar2t.c?1'ks . -v__..` Cc/ l Pk( 11' 0-\‘‘.Nis,...-.ct Ack - `--Q-V1ci:Cse.. 'he... _ cAczA27A-ks . cvy‘. 6_ ''f\c! - ' 1.Nyr\ _‘) e\•\1 cm ik)ec -c.A 1 '/ _-h.Q_...-.1a,s ,...\-\-tom k�.r.c - e_ 11 I s oco: tx,_ L_L___- - ckb Or.erg.._ _.. ' �1 rs......a a.. 1 Q% Sj 0 .M o,•X t .. . ..-.- . .. .,?--1.v , ,, 'c (3\- . 4 1 k o .too • • .....----------__......... k D .0o ?so_ oc2, i tie Llxapogit hereby to furnish rnateriol and Ipbor — complete in accordance will abuvr, Nuri:i(ir_ntions, for the sum of: dollars($ ) Payment to bo made F,s follows: All r,oterlil is yuaimuwd to be Js warmed,Al work- be completed in a worle-umiMp manner tcradng ro Sranlard practrcrs. Any alteration or timi,bnn tree,obove opacities_ Aulllu'ited *Inc ylv-.'JlnC Lxret,ensts will be executed only upon written ordorc, and wil became zn Signa'ure u ytr:i craree over and abava tho ostlmalo. Arl ag•ccmcit3 cont lgCrt upon stripes, accidont.^or delay_ nayona otr cont,or.Dw,or to car-y Irv,l6ruotlo,and OLFCr nttiaoaary Nnto.:This rroposal may he Instrance.tku wor<rrs:ary Iully covered by Workmon'r.Cprnponeeton Insurance. I,yithdlawn Icy IJti it not accepted WITTHn d,y.J,�r rat Cr-t'. tztact xof Tireposta—Ike.Ax a prices, soedflutIonS and con ,lirn,5 di ,aalitif.tt:lury r111 are Ireretry uccepted.Youare autnorizerl 0i8nature NIA/ C" k3J .?U1Z ' do the work as specified_Payrnelt will be made as outlined above. n ets o1 Acceptance: ,_ Signature 1 ND\/05/'200lj/ViED 04: 48 FM Olsons ewer Service FAX MO. 651 464 90H. P. 001 Olson's Sewer Service, Inc. . Olson's Excavating Service 111C11, 17638 Lyons Street NE Forest Lake, MN 55025 (651) 464-2082 + Fax: 464-9029 FRQPOEAL S1EMITTED TO PHONE DATE City of Scandia Steve Thorp 651-433-5762 11/5/08 STREET JOB NAME 14727 209th Street North Community Center lift station repair CITY.STATE AND TIP CODE JOB LOCATION Scandia, MN 55073 ARCHITECT/DESIGNER DATE OF PLANS JOB PHONE Fax 651-433-5112 We hereby scibn,if Eperificalinns and esfirnetee for A We will do repairs to the existing lift station to include: 2 — Gould WEO311 M 1/3 hp. 115 v/ Pump with 5 year warranty on the pump 2 — PMJ1 X SJE Rhombus electrical junction box with connections to the existing wiring 2 — 2 inch Schedule 40 PVC pipe loop kits to provide access to the pumps for maintenance and repair from grade level rather than from inside the tank. 4— 115 v. SJE Rhombus float swiches The lift station will be pumped to provide access for inspection and repair to the pumps and pipe manifold. The cost of this work is $4,828.00. If unknown problems in the treatment area are identified after the pump system is restored, those repairs will be charged on a time and materials basis pending approval of The Owner.. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property If that person or company Is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the Improvement unless we give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date. Any additional costs will be added to the bill for interest, legal expenses,attorney fees, and!or collection costs. We Propose hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: FOUR THOSAND EIGHT HUNDRED TWENTY EIGHT AND 00/100 DOLLARS $4,828.00 Payment to be made as follows: TO BE PAID IN FULL UPON COMPLETION. A SIGNED CONTRACT IS NECESSARY TO PERFORM T E WORK DESCRIBED ABOVE. AU material la guaranteed to be as specified.All work to be completed In a workmanlike manner AIJthod ad$_ieImtatu according to vtandard practices. Any alteration Cr deviation from above specifications involving extra lj�j{J/1Y'/ [/r(D/ costs AS be executed only Jdon written orders,and will become en extra cherpe over and above the eslimsfe. All agreements contingent upon strikes.accidente or delay&beyond our control.Owner to carry fire,bronco and ether recessary irsurance.Our workers are fully covered by Wol$men's Note: We may withdraw this p',7.sal if not accepted within 30 days. Compenaanor ktaurance. _ Acceptance of Proposal—The above prices,specifications and conditions are satisfactory and are hereby accepted, You are authorized to Signature do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature Keep Your Sewer in the Pink!