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12-02-2008 Meeting CITY OF SCANDIA CITY COUNCIL AGENDA Tuesday, December 2, 2008 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings (None) 5. General Business a) Liquor License Renewal, Big Marine Lake Liquor Store(Off-Sale) b) Tobacco License Renewals 1) Todd's Home Center 2) Big Marine Lake Liquor 3) Big Marine Lake Store c) 2009 City Council Meeting Schedule d) Reduction of Letter of Credit, Superior Land Preservation(Tii Gavo) e) Request from Washington County Sheriff Department to use 20780 Olinda Trail for Training Exercise f) Accept Donation from Forest Lake Athletic Association 6. Recommendations from the Planning Commission a) 2008-2030 Comprehensive Plan (Resolution 12-02-08-01) 7. Adjournment Meeting Date: 12/2/2008 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 2009 liquor license renewal for Big Marine Lake Liquor Store (Off-Sale.) Deadline/ Timeline: • All annual licenses expire on December 31, 2008 Background: • The license is in conformance with Ordinance No. 93, adopted by the Council on January 2, 2007. • The Sheriff's Department has completed their investigation and found no issue with the license. Recommendation: I recommend that the Council approve the license. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (liquor license renewals dec 2) Page 1 of I 11/26/08 Meeting Date: 12/2/2008 Agenda Item: b) 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) Todd's Home Center 2) Big Marine Lake Liquor 3) Big Marine Lake Store Deadline/ Timeline: License period begins on January 1, 2009 and ends on December 31, 2009. 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. Each of these businesses had one compliance failure in 2007. There were no failures at these businesses in 2008, and the Sherriff's office found no other reasons not to renew the licenses. 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 11/26/08 Meeting Date: 12/4672008 Agenda Item: City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve City Council Regular Meeting Schedule for 2009. Deadline/ Timeline: Background: • The city is required to keep a schedule of its regular meetings on file at its primary office. • The draft schedule, attached, assumes that the Council would continue to hold regular meetings on the third Tuesday of the month, and meetings with the Planning Commission on the first Tuesday of the month. In 2009 there appear to be no conflicts with holidays or other events that would require deviation from this schedule. Recommendation: I recommend that the Council adopt the schedule after making any changes you may deem necessary. Attachments/ • Draft City Council Meeting Schedule for 2009 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (council meeting schedule 2009) Page 1 of 1 11/26/08 CITY OF SCANDIA CITY COUNCIL MEEETING SCHEDULE 2009 Approved by the City Council Tuesday, January 6 (PC) Tuesday, July 7 (PC) Tuesday, January 20 Tuesday, July 21 Tuesday, February 3 (PC) Tuesday, August 4 (PC) Tuesday, February 17 Tuesday;August'! Tuesday, March 3 (PC) Tuesday, September 1 (PC) Tuesday, March 17 Tuesday, September 15 Tuesday, April 7 (PC) Tuesday,October 6 (PC) Tuesday, April 21 Tuesday, October 20 Tuesday, May 5 (PC) Tuesday,November 3 (PC) Tuesday, May 1 9 Tuesday,November 17 Tuesday, June 2 (PC) ) Tuesday, December 1 (PC) Tuesday, June 16 Tuesday, December 15 All regular City Council meetings are held at 7:00 p.m. on the third Tuesday of the month at the Scandia Community Center, 14727 209th Street North, Scandia, Minnesota 55073 unless otherwise noted. (PC): Meetings with the Planning Commission are held on the first Tuesday of the month, unless otherwise noted. Council convenes at 7:00 p.m. and the Planning Commission convenes at 7:30 p.m. Notice of any special meetings will be posted at the Community Center. Meeting Date: 12/2/08 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the request of Critical Connections on behalf of Superior Land Preservation, LLC for a reduction in the letter of credit for landscaping in the Tii Gavo subdivision. Deadline/ Timeline: N/A Background: • The development agreement for Tii Gavo required the developer to submit a financial guarantee in the form of a letter of credit for the landscaping in the total amount of$177,687.00. This is the first time a reduction has been asked for on the landscaping letter of credit. • The developer has requested that the guarantee be reduced to $141,787.00 for a reduction of$35,900.00. • The site was inspected by the City's Code Enforcement Official Steve Thorp and a tree count was performed. The trees appear to be doing very well and are being taken care of to insure that they will continue to grow. Some trees have been in place for 2 seasons as well as others that were planted this year. • This request does not affect the guarantee for the public improvements. Scandia's Engineers have issued a `punch list' that is currently being addressed regarding the drainage and street issues. Recommendation: I recommend that the Council approve the reduction of the landscaping letter of credit to a new total amount of$141,787.00. Attachments/ • Letter from Critical Connections dated November 10, 2008 Materials provided: Contact(s): Mark Sandercott, President Superior Land Preservation LLC (651 433-1000) Ken Arndt, Critical Connections (651-433-4410) Prepared by: Steve Thorp, Code Official (tii gavo loc reduc landscaping) Page 1 of 1 11/26/08 • Critical Connections Ecological Services, Inc. 14760 Oakhill Road, Scandia, Minnesota 55073 Natural Resource Consulting RECEIVED November 10, 2008 Landscape NOV 1 2 2008 Ecology Botanical CITY OF SCANDIA Inventories Steve Thorp Building/Code Enforcement Official Threatened & 14727 209 St. N. Endangered Scandia, MN 55073 Species Surveys Greenway & Subject: Tii Gavo Request of Reduction of the Letter of Credit for Landscaping and Open Space Planning 2008 Monitoring Report for Landscape Tree Installation Natural Community Mr.Thorp, Restoration The following is a request for a reduction in the letter of credit for landscaping along with the Wetland 2008 planting update that details the installation to date for the landscape trees at the Tii Gavo Delineation & Permitting development in Scandia, MN. Landscape material has been planted over the last two and a half years at Tii Gavo and now portions of this plant material are past their two year guarantee and Wetland qualify for reducing the letter of credit being held by the City of Scandia for landscape material. Banking & Monitoring Based on City code, once plant material has been in place for two full growing seasons a reduction in the landscaping letter of credit should be released by the City of Scandia to the Minnesota developer. If plant material dies or is not in good health, a replacement tree will be required to Land Cover be replanted. Classification The first round of landscape planting took place in the fall of 2006 with additional landscape Geographic installation taking place in October of 2007 and in July of 2008. Critical Connections was Information retained by Superior Land Preservation in March of 2007 to conduct annual inspections of the Systems landscape material and to assist with the coordination of the remaining landscaping to be installed. Global Positioning Inspections of each tree involved close observation to determine current vitality. Looking at any Systems signs of damage along the main trunk and into the crown was noted as well as color of the tree and vegetative bud set for the following season. All trees listed in good health have no Database structural problems,went into the fall with good leaf color and vigor, and have good bud set for Management & the next growing season. Development Environmental Education Phone: 651.433.4410 Fax: 651.433.4528 Emait:info@ccesinc.com Web: www.ccesinc.com Trees Planted in Fall of 2006 Trees planted from the fall of 2006 have now been in the ground for two full growing seasons, 2007 and 2008. The following is a list of these trees that were planted in 2006 showing their quantities, what type of tree was planted and their current condition. Quantity Tree Type Current Condition 23 Red Pine In very good health 63 White Pine In very good health 3 Black Walnut In very good health 1 Red Oak Is dead and needs removal and replacement 1 Paper Birch 50%of tree is dead, recommend replacement Total =91 (2) need replacement,89 should be credited for in the reduction These trees were initially observed in March of 2006 and were inspected later that summer. It was clearly observed that these trees were planted in the fall of 2006. Based on planting at this time, these trees qualify for a reduction in the letter of credit being held for landscaping at Tii Gavo. Values to determine credit are found in the Final Landscape Plan submitted by Critical Connections Ecological Services dated 12-14-07. These values were used to calculate the letter of credit and are as follows: for deciduous overstory trees the value is$500.00 per tree, for coniferous overstory trees the value is$400.00 per tree, and for deciduous understory trees the value is$200.00 per tree. Trees Planted in Fall of 2006 that Qualify for a Reduction in the Letter of Credit Quantity Tree Type Value Total Reduction 23 Red Pine $400.00/tree $9,200.00 63 White Pine $400.00/tree $25,200.00 3 Black Walnut $500.00/tree $1,500.00 Total Reduction Request = $35,900.00 From observations on-site, all of the trees planted in the fall of 2006 are in very good health and have set good vegetative buds for next year(2009). These trees were re-mulched during 2008 and deadwood was pruned off of each tree as well. It is noted that based on conversations had with the previous grading contractor, several trees planted in the fall of 2006 did not survive and have been removed from the site. None of the dead trees originally planted in the fall of 2006 have been included in these overall totals. Trees Planted in Fall of 2007 In October of 2007 Critical Connections Ecological Services took an active role in assisting with the coordination of tree planting on-site at Tii Gavo. CCES worked with a local tree spade contractor to move a total of 63 overstory trees to their permanent locations in late October and into November of 2007. All of these trees were planted before December 15L, 2007. These trees will qualify for a Critical Connections Ecological Services, Inc. Page 2 reduction in the landscaping letter of credit on December 15t of 2009 when two years have passed since their installation was completed. The following is a list of trees planted in 2007 showing their quantities, what type of tree was planted and their current condition. Quantity Tree Type Current Condition 12 White Pine In very good health 17 White Oak In very good health 26 Northern Pin Oak In very good health 5 Quaking Aspen In very good health 2 Black Cherry In very good health 1 Wild Apple In very good health Total=63 Based on current inspection, all of these trees are in very good health with no mortality occurring during the first year of being in the ground after transplanting. These trees were re-mulched during 2008 and deadwood was pruned off of each tree as well. A watering program was implemented for the 2008 season for the trees planted in 2007. The trees were watered twice a week during drier times of the season up until September when watering ceased for the season. Trees Planted in Summer of 2008 In July of 2008 Critical Connections Ecological Services began installing the balled and burlap trees specified on the final landscape plan for Tii Gavo. A total of 21 overstory and 36 ornamental/understory trees were planted throughout the site. All trees were planted before July 18th, 2008. These trees were mulched according to the final landscape plan and were included in the 2008 watering program. Like the trees that were planted in 2007,the watering program ended in early September. In the fall of 2008 several trees were staked to correct the settling of the soil that had occurred since planting. Overstory Trees Planted Quantity Tree Type Current Condition 16 Red Maple In very good health 5 Sugar Maple In very good health,one to be watched Total =21 Understory Trees Planted 32 Hawthorn In very good health 4 Nannyberry Viburnum In very good health Total =36 Trees to be planted for Site Completion In order to complete all tree installation for Tii Gavo there needs to be an additional 15 deciduous overstory trees, 10 coniferous overstory trees, and 15 ornamental trees to be planted yet. Once these trees have been planted then all of the required trees based on the final landscape plan will be installed. Critical Connections Ecological Services, Inc. Page 3 Many of these trees are proposed to be planted in areas that have not been final graded (around Community Building and parking area) or occur in the Phase Two portion of the project. Some of these trees may be planted in 2009 or 2010 or when these areas are final graded and ready for final landscape installation. All trees planted in 2007 and 2008 will be monitored again in 2009 and a request for a reduction in the letter of credit for landscaping installed in 2007 will take place then. Trees planted in 2006 that are part of the current reduction in the letter of credit will not be monitored in 2009 or replaced if they die. Any replacement of material that fails from 2007 and 2008 plantings will be noted in next year's monitoring report. If you have any questions regarding the request and monitoring update, feel free to contact me at any time. Ken rndt r•, Forest Ecologist/Certified Arborist MN-4033A Critical Connections Ecological Services, Inc. Critical Connections Ecological Services, Inc. Page 4 Meeting Date: 12/2/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider a request from the Washington County Sheriff's office to use the property at 20780 Olinda Trail (former Rasmussen home) for a training exercise. Deadline/ Timeline: Proposed event would be held December 17, 2008 (daylight hours.) Background: • The Sheriff's Department has asked permission to use this city- owned property for a SWAT training exercise. The exercise will likely simulate a hostage negotiation. • We have made them aware of the condition of the structure and the city's plan for it. They would not cause any damage that would increase the city's costs for removing the structure and would leave it secure when the training is complete. • The Sheriff's office would notify immediate neighbors of the exercise, to avoid alarming the public. • Staff is still working on obtaining a second quote for asbestos abatement, so the exercise would not interfere with the timing of the city's actions. Recommendation: I recommend that the Council approve the use of the property at 20780 Olinda Trail for a training exercise. Attachments/ • None Materials provided: Contact(s): Keith Anderson, Washington County Sheriff's Department Prepared by: Anne Hurlburt, Administrator (SWAT exercise) Page 1 of 1 11/26/08 N`NGTON CO(, ''€ 4 i) � Washington County �E �► �/ _! Special Response Team 111 y 1� � .14 To: City of Scandia From: SRT Commander Dan Starry: Washington County Sheriffs Office Date: 12/01/2008 Re: Training on 12/17/2008 Hold Harmless Agreement City of Scandia and any past, present, or future owners of the property located at 20780 Olinda Trail N. in Scandia MN will allow training to be conducted by the Washington County Special Response Team on December 17th, 2008. County agrees to indemnify, defend, and hold harmless City of Scandia, its officers, employees and agents for any and all claims arising out of County's use of the location(s) under this Agreement. The County's obligation to indemnify City of Scandia under this clause shall be limited to the statutory tort liability limitations set forth in Minnesota Statutes Section 466.04, including City of Scandia claim for indemnification. Commander Dan Starry 651-430-7816 • Page 1 Meeting Date: 12/2/2008 Agenda Item: "t City Council Agenda Report City of Scandia 14727 209`1' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Accept a donation of$300 from the Forest Lake Athletic Association to help fund the Family Open Gym Program. Deadline/ Timeline: Background: • At the request of the Park and Recreation Committee, the Forest Lake Athletic Association has donated $300 from their charitable gambling funds to help fund the open gym program. • The gym at Scandia Elementary School will be open for families on four Saturdays in January. • The City Council must accept all donations. Recommendation: I recommend that the Council accept the donation and that a letter of thanks be sent to the Forest Lake Athletic Association. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (FLAA donation) Page 1 of 1 11/26/08 Meeting Date: 12/2/08 Agenda Item: C / G� Planning Commission/City CounciC(- & a) Agenda Report City of Scandia 14727 209th 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 a special Planning Commission meeting on November 18. The Planning Commission met again on November 25 to discuss additional changes to be made prior to approval by the City Council for submission to the Metropolitan Council for its required review. • The city's consultant, CR Planning, will provide a detailed list of the changes made to the July draft of the plan prior to the December 2 meeting. • The draft plan was distributed as required to other local governments in July. They have up to 6 months for their review (January 23, 2009.)To date, responses have been received from all but one governmental unit (Carnelian-Marine-St. Croix Watershed District.) Recommendation: The Planning Commission should review the list of changes, and make a recommendation to the City Council to approve the plan for submission to the Metropolitan Council. 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 12-02-08-01 Materials provided: Contact(s): Prepared by: Anne Hurlburt, City Administrator (comprehensive plan) Page 1 of 1 11/26/08 CITY OF SCANDIA RESOLUTION NO. 12-02-08-01 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, after reviewing the revised draft at special meetings on November 18 and 25, 2008, on December 2, 2008 the Planning COn{mission recommended approval of the plan with additional changes; NOW, THEREFORE, BE IT HEREBY'RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTONCOUNTY, MINNESOTA, that it should and hereby does approve the 2008-2030 Comprehensive Plan as revised through December 2, 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 2nd day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator City of Scandia Comprehensive Plan Update December 1, 2008 11/25/08 Proposed Planning Commission Changes to 7/14/08 Draft Plan Page/Section reference The following changes suggested by the Planning Commission on 11/25/08 have NOT for 11/14/08 draft been made to the 11/14/08 draft. They will be made if approved by the City Council. Page 57,editing change "road network"should be"road networks" Page 106 and 115,maps, Remove unknown blue lines from maps editing change Page 110 and 111, 117 The bonus densities in the Agricultural Core and General Rural Future Land Use Areas and 118, 131 and 132, should be the same at 75% of the base density. App. B,D, and E-AgC and GR bonus densities Page 110, lot averaging Change the lot averaging from 2 to 4 acres in size or 20 acres or greater to 2 to 5 acres in in Ag Core size or 20 acres or greater. Page 110,picture at Remove the picture because it does not convey the image of General Rural development bottom of page desired in Scandia. Page 111 and elsewhere Remove"Residential"from the General Rural district name in the document Because lot averaging will not be required in the GR Future Land Use Area and because Page 111,GR minimum lot size we wish to have the opportunity for a range of lot sizes within the density limit,a minimum lot size of 2 acres will be allowed within the density limit of 4 dwellings per 40 acres. For example,on a 40 acre parcel 4 dwellings are allowed under the density limit,but the lots could range in size including three 2 acre parcels(6 acres total)and one 34 acre parcel. Page 111, Lakeshore Remove two-family dwellings as a land use in this area. Make change wherever this Conservation Overlay appears in the document. Page 118,Table 28 and Do not subtract wetland acres from the AG C,GR,and ST CROIX Future Land Use Table 29,wetland acres Areas. We assume that with a 10 acre minimum density wetlands on a parcel will not limit the number of allowed structures on a parcel. Developers will be able to work around wetlands. Page 126,NR strategy Remove"are asked to"from the strategy 5.1.3 and wherever else it appears in the document Page 1 of 3 City of Scandia Comprehensive Plan Update December 1, 2008 11/25/08 Proposed Planning Commission Changes to 7/14/08 Draft Plan Page/Section reference The following changes suggested by the Planning Commission on 11/25/08 have NOT for 11/14/08 draft been made to the 11/14/08 draft. They will be made if approved by the City Council. Page 132, LU Policy 6.2 Remove the words"open space and"so it reads"Require development to protect natural and wherever else it features." appears in the document Page 132, LU Policy 5.5 Move this "right to farm"policy to the LU General Goals and Policies on page 128 and and wherever else it change it to apply to farms in all Future Land Use areas,not just AG Core. appears in the document Page 133, LU Goal 7 Reword to read"Within a 4 dwelling units per 40 acre density limit encourage a mix of and wherever else it lot sizes with a minimum lot size of 2 acres. appears in the document Page 133,LU Strategy Reword to read"Consider the General Rural land use area as a potential receiving area 7.1.1 and wherever else for a Transfer of Development Rights program." it appears in the document Page 134, LU Strategy Change"require"to"encourage" 9.1.2 and wherever else it appears in the document Page 138,H Strategy Remove this strategy because while accessible housing design should be encouraged as 1.4.1 and wherever else in H Policy 1.4, it should not be required. they appear in the document Page 143,ED Policy 4.2 ED Policy 4.2—add"or secondary"after"primary" and ED Strategy 4.2.1 ED Strategy 4.2.1 —change to read"Identify types of businesses(specifically businesses and wherever else they accessory to the primary agricultural activity on a parcel)that support the kind of appear in the document agriculture encouraged in Scandia and make them conditional uses." Page 147, map 30 Change the planned connections to match the planned connections in the Village Area on Map 31. Remove the connection that is already built at the south end of Penroase. Page 160 to 168,natural Add keys to explain how to read the scoring system on each map. resource maps Consistency Check for consistency between the Goals,Policies,and Strategies in the main document and those listed in Appendix B and E. Page 2 of 3 City of Scandia Comprehensive Plan Update December 1, 2008 11/25/08 Proposed Planning Commission Changes to 7/14/08 Draft Plan Page/Section reference The following changes suggested by the Planning Commission on 11/25/08 have NOT for 11/14/08 draft been made to the 11/14/08 draft. They will be made if approved by the City Council. Page 186, Appendix C Add definition for Arts Incubator— Buildings and programs that encourage arts businesses through practices such as reduced rents,share space and services, and networking among artists. Page 196, LSC and LST Add"no bonuses"to the LSC and LST summary descriptions Pages 231-250,editing Change header to read"Local Water Management Plan" change Page 3 of 3