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12-16-2008 Meeting CITY OF SCANDIA CITY COUNCIL AGENDA Tuesday, December 16, 2008 7:00 p.m. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Public Forum a) Recognition of Outgoing City Council Members Michael Harnetty and Donnette Yehle (Resolutions 12-16-08-01 and 12-16-08-02) b) Recognition of Mike White for the Ice Rink Project 4. Approval of the Agenda 5. Approval of Consent Agenda a) Minutes 1) November 18, 2008 Meeting with Planning Commission 2) November 20, 2008 Regular Meeting 3) December 1, 2008 Special Meeting(Truth-in-Taxation Hearing) 4) December 2, 2008 Meeting with Planning Commission b) Treasurer's Report c) Payment of Vouchers d) 2009 Liquor Licenses 1) Scandia Creamery, On-Sale/Sunday On-Sale Intoxicating 2) Mi Casita Mexican Grill, On-Sale/Sunday On-Sale Intoxicating 3) Scandia Fire& Rescue Relief Association (Temporary On-Sale, February 28, 2009) e) Certificate of Compliance, Silva Consultant Services (Resolution No. 12-16-08-03) f) Certificate of Compliance, Charlie Westman, DVM, 14760 Oakhill Rd North (Resolution No. 12-16-08-04) 6. Public Hearings a) Adoption of 2009 Budget and Final Property Tax Levy and Capital Improvement Program for 2009-2013 (Resolution No. 12-16-08-05) 7. Committee Reports 8. Staff Reports a) Police Department Deputy Chris Majeski b) Fire Department Fire Chief Steve Spence 1) EMAC (Emergency Management Assistance Compact) Intergovernmental Agreement c) City Engineer Paul Homby d) City Attorney Dave Hebert e) Building/Code Enforcement Official Steve Thorp 1) Quotes for Asbestos Removal, 20780 Olinda Trail SCANDIA CITY COUNCIL AGENDA December 16,2008 Page 2 of 2 f) City Administrator Anne Hurlburt 1) Animal Control Services 9. General Business a) Tiller Corporation, Environmental Assessment Worksheet (EAW) for Zavoral Mining and Reclamation Project b) Lease Agreement with Scandia Marine Lions for Old Fire Hall/ Annex c) Ordinance Setting User Fees and Connection Charge for"201" Community Sewer System d) Amend Ordinance#39 Regulating the Construction of Public Utilities and Requiring Utility Permits e) Amendments to Community Center Rental Policy f) Employee Pay Rates for 2009 (Resolution 12-16-08-xa) g) Legislation Increasing County Oversight of Watershed Districts (Resolution 12-16-08-xx) h) Appoint Committee to Review Fire Department Governing Documents i) Fire Protection Contract with May Township 10. Adjournment Meeting Date: 12/16/2008 Agenda Item: 3 , a) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Recognize outgoing City Council members Mike Harnetty and Donnette Yehle by adopting and presenting City Council Resolutions honoring their service. Deadline/ Timeline: N/A Background: • Mike Harnetty and Donnette Yehle will leave office as Scandia City Council members when newly elected members begin their terms on January 5, 2009. • It is appropriate to honor their service on Scandia's first City Council and thank them on behalf of the citizens of Scandia. Recommendation: I recommend that the Council adopt the resolutions. Framed copies will be presented at the December 18 meeting by Mayor Seefeldt. Attachments/ • Resolution 12-16-08-01, Recognition of Michael Harnetty Materials provided: • Resolution 12-16-08-02, Recognition of Donnette Yehle Contact(s): Prepared by: Anne Hurlburt, Administrator (recognition of outgoing council members) Page 1 of 1 12/12/08 Y lily •Q �ri iii r. 1n, H e S . o t a CITY OF SCANDIA RESOLUTION NO. 12-16-08-01 RECOGNITION OF COUNCIL MEMBER MICHAEL HARNETTY FOR SERVICE TO THE CITIZENS OF SCANDIA WHEREAS, Council Member Michael Harnetty has served the citizens of Scandia by election to the first Scandia City Council to serve from January 2, 2007 to January 5, 2009; and WHEREAS, Council Member Harnetty was appointed to the New Scandia Township Board on September 20, 2004 and was elected to the Board on March 8, 2005; and WHEREAS, Council Member Harnetty has shown strong leadership by serving as a member of the New Scandia Township Incorporation Committee, the Comprehensive Plan Committee, the Park and Recreation Committee, the Commercial/Retail Development Committee, and as Acting Mayor of the City Council; and WHEREAS, Council Member Harnetty was an active representative on the Ice Rink Advisory Committee which oversaw the restoration of the ice rink in 2008; and WHEREAS, Council Member Harnetty has demonstrated balanced judgment with the goal of understanding all sides of an issue before making a recommendation; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the City recognizes the many contributions Council Member Harnetty has made in the name of public service; and FURTHER, BE IT RESOLVED, that the City Council extends its gratitude and appreciation to Council Member Michael Harnetty, on behalf of all of the citizens of Scandia. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator I4 727 200 Si N Scandia_ Minnesota 55(173 Phoife (65I ) 433-2274 Fax ta5I ) -I 2-5i 12 hitp://vww,wvv.ci.scandia.nin.us gtiO A t=.,7 :-:-. ii., ., ' 'i li,, . -‘ i . ''-., CITY OF SCANDIA RESOLUTION NO. 12-16-08-02 RECOGNITION OF COUNCIL MEMBER DONNETTE YEHLE FOR SERVICE TO THE CITIZENS OF SCANDIA WHEREAS, Council Member Donnette Yehle has served in the name of public service by election to the first Scandia City Council for a term from January 2, 2007 to January 5, 2009; and WHEREAS, Council Member Yehle was appointed a member of the New Scandia Township Planning Commission from April 3, 2001 to January 1, 2007, and also served on the New Scandia Township Road Committee beginning on November 17, 1998; and WHEREAS, Council Member Yehle was appointed to serve as a member of the Fire Hall/Public Works Building Committee in 1999 which resulted in the planning and construction of a state of the art municipal facility for improved service to the community; and WHEREAS, Council Member Yehle served as a diligent member of the Capital Improvements Committee and the Lakes Area Community Television Commission; and WHEREAS, Council Member Yehle has represented the views of her constituents with fairness and competence by thoughtful deliberation to essential issues facing the council; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the City commends and appreciates the committed service Council Member Yehle has provided to the community; and FURTHER, BE IT RESOLVED, that the City Council extends its thanks and appreciation to Council Member Donnette Yehle, on behalf of all of the citizens of Scandia. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/ Administrator 1-!";:.-, ;fliil' CI is. . SC,111C117.. I\i, 111('clll;. 04. Nicol, j I 2 -24 ; ,P, ((tif, I ) 1 a_. blip 1VA'1iA\.C1.-Calld1;1.1IUi u$ Meeting Date: 12/16/2008 Agenda Item: 7 w'., City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Recognize the efforts of Mike White and others who worked on the ice rink reconstruction project during the summer of 2008. Deadline/ Timeline: N/A Background: • Without Mike White's initiative to obtain the used hockey rink boards from the city of Roseville and to perform much of the hands-on work to install them, reconstruction of the rink boards would not have been possible. • Others who contributed significantly to the project were: o Mike Harnetty o Moose Malmquist o Matt Rasmussen o Alex Bildeaux o Dana Wojtowicz o Jeff Berglund o Tom Vogen o Tom Triplett o Mike Goeken o Julie White • The contributions of volunteer labor and equipment made it possible for the city to replace the old, rotting hockey boards with "new"boards at a tremendous cost savings. The project was accomplished at a cost of approximately$5,500, compared to an estimated cost of upwards of$80,000 for purchase and installation of new boards. Recommendation: • The Council should present a certificate of recognition to Mike White and also read the names of and recognize the others who worked on the project. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (recognition for ice rink project) Page 1 of 1 12/08/08 Certificate of Appreciation .,...),,,„ / This certificate is awarded to �-sIV _�_t Mike White ' ' 4, _w � _. r In recognition of extraordinary initiative and effort in SCANDIA reconstruction of the Wojtowicz Skating Park hockey rink, 2008. Presented by the City Council, m i n n e s o t a City of Scandia, Minnesota Dennis D.Seefeldt,Mayor Date c i;,,Z-,7 t-<.—cii- X--l- C.-‹-C- <7.-- - ,)1) - /& - '-''S'. Anne Hurlburt,City Administrator Date f L November 18, 2008 A regular meeting of the Scandia City Council was held on the above date. Acting Mayor Michael Harnetty called the meeting to order at 7:03 p.m. The following councilmembers were present: Council members Pete Crum, Michael Harnetty, Dolores Peterson, Donnette Yehle. Absent: Mayor Dennis Seefeldt. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, City Engineer Paul Hornby, Building Official Steve Thorp, Deputy Clerk Brenda Eklund. PUBLIC FORUM John Lindell, 11240 218th Street, asked the Council to address a potential violation at the Tiller mining site before approving Tiller's Annual Operating Permit. APPROVAL OF AGENDA Councilmember Yehle, seconded by Councilmember Crum, moved to approve the agenda as presented. The motion passed unanimously. APPROVAL OF CONSENT AGENDA The following consent agenda was presented: 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) In regards to item h), City Attorney Hebert advised that the issue brought forward by Mr. Lindell was answered to the satisfaction of the Council at the November 5 meeting. Councilmember Crum, seconded by Councilmember Peterson, moved to approve the Consent Agenda as presented. The motion passed unanimously. PLANNING COMMISSION REPORT ON THE COMPREHENSIVE PLAN The Planning Commission will meet on November 25 to discuss a recommendation of the 2008- 2030 Comprehensive Plan to the Council at the December 2 meeting. Scandia City Council November 18,2008 Page 2 of 3 POLICE DEPARTMENT Deputy Chris Majeski reported on police activity within the last month, including property damage, vandalism, pursuit and assists, and a report of a stolen ATV at the Tii Gavo subdivision. FIRE DEPARTMENT Assistant Fire Chief Stave Yehle presented the fire department's activity report. Mr. Yehle discussed a comparison of run volumes to neighboring fire departments. The 800 radio MHZ is on track for implementation in March 2009. The department is working on approval of an Emergency Management Intergovernmental and Deployment Code of Conduct document, to be reviewed by the City Attorney. Tiller Agreement for use of Well The Council was presented with an agreement, prepared by Tiller Corporation, to allow Scandia's Fire Department access to the high capacity well at the Tiller mining site. The contract would indemnify Tiller for any liability or damages that might result from use of the well. Councilmember Peterson, seconded by Yehle, moved to approve the agreement with Tiller Corporation to allow the Fire Department access to the high capacity well at the Tiller facility at 22303 Manning Trail. The motion passed unanimously. CITY ENGINEER City Engineer Paul Hornby reported that The Sanctuary improvements have been completed. The final wear course has been placed within Tii Gavo, with the shouldering being scheduled for completion this month. BUILDING/CODE ENFORCEMENT Building Official Steve Thorp reported on the record number of permits that have been issued year to date, with the majority of these being roofing permits. Regarding the Rasmussen house, Thorp has contacted house movers and recyclers but there is no interest from contractors willing to deal with this house. Thorp is waiting for one more quote on asbestos abatement. THE SANCTUARY PROJECT Pay Request#1 and Final T.A. Schifsky& Sons has submitted a first and final pay request for public improvements in The Sanctuary. The costs will be assessed to the remaining lots owned by the developer. Councilmember Peterson, seconded by Councilmember Crum, moved to approve the Pay Request to T.A. Schifsky & Sons in the amount of$24,472.06. The motion passed unanimously. Declare Costs and Adopt Assessments (Resolution 11-18-08-02) In September, the city entered into an agreement with the developer to complete the public improvements and assess the costs (less the amount of$12,375 from a letter of credit) to his remaining lots in the project. Costs to be assessed total $24,466.06. Councilmember Peterson, seconded by Councilmember Yehle, moved to adopt Resolution 11-18-08-02, Declaring Costs to be Assessed and Adopting the Assessment. The motion passed unanimously. Scandia City Council November 18,2008 Page 3 of 3 TOM & LISA STANEK—CERTIFICATE OF COMPLIANCE FOR A FENCE IN THE SHORELAND OVERLAY DISTRICT (RESOLUTION 11-18-08-03) Torn and Lisa Stanek have applied for a Certificate of Compliance to construct a temporary fence on property located at 19107 Layton Avenue. Mr. Stanek is proposing a 4' high plastic snow fence to encompass the yard for security and construction reasons. The fence will be up during the duration of house construction, anticipated to begin next spring. The Council discussed adding a date for removal of the fence. Councilmember Crum, seconded by Councilmember Yehle, moved to approve Resolution 11-18-08-03, Certificate of Compliance for a Fence at 19107 Layton Avenue, with a change to condition #3 stating that the fence must be removed by July 1, 2009. The motion passed unanimously. SIGNAGE AT LOFTON AVENUE INTERSECTION Due to numerous crashes at the intersection of Highway 97 and Lofton Avenue (County Road 1), Washington County has proposed signage improvements to increase the visibility of this intersection. They would relocate an existing"stop ahead" sign closer to the corner and upgrade it to a larger sign. If the city consents, three reflector signs would be placed in the city right-of- way for drivers southbound on Lofton. City Engineer Hornby suggested the use of highly visible LED signs. Councilmember Yehle, seconded by Councilmember Peterson, moved to consent to the placement of traffic signs in the right of way and to request that the County install a form of lighted signs for increased visibility. The motion passed unanimously. 2009 PROPERTY AND CASUALTY INSURANCE RENEWAL Council discussed the terms of renewal of insurance coverage from the League of MN Cities Insurance Trust. In the past, the City/Township has waived the statutory monetary limit on tort liability. Without the waiver, there would be a savings of approximately$1,200 on liability insurance premiums. Councilmember Peterson, seconded by Councilmember Harnetty, moved to not waive the liability limits for 2009. The motion passed unanimously. The City currently carries $100,000 of faithful performance bond coverage. This is less than what is recommended by the Municipal Finance Officers Association,based on an exposure index. The cost of increasing the bond coverage to $200,000 is estimated at about $300 per year. Councilmember Peterson, seconded by Councilmember Yehle, moved to approve an increase to the City's bond coverage limits to $200,000. The motion passed unanimously. REPAIRS TO COMMUNITY CENTER SEWER SYSTEM The Community Center septic tank pumps which connect to the Uptown septic field need to be repaired. C & B Excavating has submitted the low bid for replacement of the pumps. Councilmember Peterson, seconded by Councilmember Harnetty, moved to accept the proposal from C & B Excavating in the amount of$4,750.00 for replacement of the Community Center septic pumps. The motion passed unanimously. Councilmember Peterson, seconded by Councilmember Yehle, moved to adjourn. The meeting adjourned at 8:10 p.m. Respectfully submitted, Brenda Eklund, Deputy Clerk November 20, 2008 A special meeting of the Scandia City Council was held on the above date. Mayor Dennis Seefeldt called the meeting to order at 6:20 p.m. The following were present: Council Members Mike Harnetty, Donnette Yehle, Dolores Peterson, Pete Crum and Mayor Dennis Seefeldt. Incoming Council Member Connie Amos and City Treasurer Colleen Firkus were also present. The following potential revenue increases were discussed: a) Community Center Rentals increased as follows: Resident Non-Resident Hall $200 $475 Hall Previous Day Setup $100 $150 Kitchen Use $300 $300 Heritage Room(same) $ 75 $100 Security $135 b) Minimum Bldg Permit Fee increased to $100. c) Utility Permit Fee increased to $150—roads to be inspected after completion. Mayor Seefeldt thinks city should have a deposit/letter of credit to see if the road remains in good condition for a period of time after digging or boring. d) Council Member Yehle suggested we have an Administrative fine on illegal signs. Ordinance would be rewritten when Comp. Plan ordinances are written. Maybe have other Administrative fines written into ordinances at the same time, i.e. snowmobile on sidewalks, and other existing ordinances. e) Council Member Yehle suggested that city cut professional expenses by not having the engineer at every meeting($50 per meeting) if there are no projects or nothing new to discuss. Council agreed. Also, Planner($105 per mtg.)may not be necessary at all meetings. Yehle indicated the city has a"very qualified staff in Anne& Steve, who could make that decision as to whether or not the Planner is needed at a meeting. Increases would be effective January 1, 2009, once passed by the Council. Uptown Sewer Council discussed the costs of removing the Rasmussen house, accessory structure, and fuel tank and did not want to pass the costs onto Uptown users,but the ordinance/agreement should be looked at to include future expenses related to the sewer/water system. Denny suggested a meeting with church personnel to discuss the church's benefit of the water and sewer system and sharing all expenses. 201 Sewer System Council decided to increase 201 fees by 20%, which will result in a $110 annual increase. A letter of explanation is to be sent with the February bill explaining the reasons for the increase: 1) Cover a deficit in the 2008 budget that resulted from unexpectedly high pumping costs this year, Scandia City Council November 20, 2008 Page 2 of 2 2) Increase reserves for future system repairs and pumping that occurs every three years, and 3) Meet State Auditor's expectations of adequate reserves. Staff is working with the County to anticipate actual expenses and budget accordingly Fire Dept. Budget Mayor Seefeldt also said the increase in the May Twsp. fire contract will be at a minimum of $6,000 and would cover the Rev/Exp difference. Council Members Crum and Harnetty suggested that fire contracts could be based on population rather than number of houses as the majority of calls is for medical, not house fire. Maybe data could be obtained from Sheriff's office on number of medical calls to May Twsp. Veteran's Camp must have a lot of calls. Council Member Crum presented info he gathered on siren effectiveness. Said the trend is to not put in new sirens. He cited several surveys and news reports on sirens. Sirens are expensive, only good for those in range when outside—still need to go inside to listen to radio/TV, wind direction and atmospheric pressure affects range, 1960's technology, need staff to educate population on meaning of siren calls—repeatedly over time, need staff to give direction on how to respond, may give false sense of security(Crum's opinion),people tend to move toward the danger when notified, one survey said 80%people liked having a siren,but not informed of costs. Seefeldt, Crum and Harnetty thought giving away weather radios to residents would be more cost effective and more useful. Seefeldt cited concerns over six firefighters retiring and the Fire Relief fund being bankrupt at end of 2009, and would rather fund firefighters' pension. Notice of Proposed Total Budget and Property Taxes Council member Harnetty and Mayor Seefeldt said the major question that will be asked about the public notice is why are taxes going up 9%when expenses are going down 7%? They would like to see this question answered in the presentation prior to it being asked. Otherwise, the Council thought the presentation was great last year and would like to see it again this year with the video about what affects taxes at the beginning. Meeting adjourned at 8:00 p.m. Respectfully submitted, Colleen Firkus Treasurer T;> , ) s December 1, 2008 A special meeting of the Scandia City Council to conduct the annual Truth in Taxation Public Hearing was held on the above date. Mayor Seefeldt called the meeting to order at 7:00 p.m. The following council members were present: Mayor Dennis Seefeldt, Dolores Peterson, Donnette Yehle. Staff present: Administrator Anne Hurlburt. The video "14 Reasons Property Taxes Go Up or Down", by the League of Minnesota Cities, was viewed. Administrator Hurlburt gave an overview of the proposed 2009 budget and tax levy. Mayor Seefeldt opened the public hearing. Kim Bakken, 21959 St. Croix Trail, asked why the city continued to contract for law enforcement services when the county sheriffs department is required to respond around the clock. Mayor Seefeldt responded that it was decided in 2000 to contract for additional service. The city has an officer that is part of the community, can have input on the schedule and gets more coverage for local events. This allows law enforcement to better deal with local issues as they occur, such as the recent vandalism incidents. Cliff Guggisberg, 12780182"d St., asked about the proposed car for the fire chief. Mayor Seefeldt explained that the vehicle would be used as a mobile command post for the chief officer responding to the scene. Administrator Hurlburt explained that the budget impact would be $5,000 for the first year, after donations. Councilmember Yehle explained that it would improve safety on the scene to have a command vehicle with proper equipment including lights. Mr. Guggisberg asked if firefighters would continue to respond in their personal vehicles if necessary. Ms. Bakken, a member of the Fire Department, answered that they would continue to do so. Guggisberg asked if our Fire Department has equipment that is not necessary for a rural department. The Mayor described the benefits of some of the specialized equipment, such as lift bags. Fire equipment is regulated by other agencies. Kim Bakken asked why the city had hired a building inspector when permit revenues are down. Administrator Hurlburt explained that the staff position includes more than building inspection duties, and the improvements in service to the public that have resulted. Stephen Toensing, 19553 Parkview, asked for more explanation of the cost savings of the position. Administrator Hurlburt explained the cost of contracting out the duties of the position (such as to a contractual inspector,planner and others) and that the permit fees pay for a large percentage of the cost of the position. Cliff Guggisberg asked how much PERA increases were impacting the city. Administrator Hurlburt explained that in 2009 the city's contribution would increase from 6.5% to 6.75% of payroll. The larger concern for pension contributions is with the fire department, where the funding level may not be adequate to meet obligations. Mayor Seefeldt said that in 2009 the city will be increasing the local contribution by $25,000 over 2008. Hurlburt explained that the contributions from fire insurance premiums have dropped and investment earnings are down. Scandia City Council December 1, 2008 Page 2 of 2 Cliff Guggisberg commented that he thought the city should not spend money on Lilleskogen Park. Tom Triplett, 19420 Newgate, a member of the Park and Recreation Committee, said that modest improvements would make the park usable especially for children and seniors. Stephen Toensing asked why Scandia receives no state aid. Administrator Hurlburt explained that the complex state formula gave Scandia about $26,000 in 2008 and none in 2009. The advantage is that the city is not dependent on the state for resources that are often cut in tough times. Councilmember Peterson commented that the city would be eligible for state aid for streets once the population reaches 5,000. Peterson, seconded by Yehle, moved to close the hearing. The motion carried. No continuation hearing will be held. Mayor Seefeldt announced that the final budget and levy adoption hearing will be held during the regular City Council meeting on Tuesday, December 16 2008. The meeting adjourned at 8:20 p.m. Respectfully submitted, Anne Hurlburt City Administrator/Clerk ( ) December 2, 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 council members were present: Council members Pete Crum, Michael Harnetty, Dolores Peterson, and Mayor Dennis Seefeldt. Absent: Council member Donnette Yehle. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Building Official Steve Thorp, Deputy Clerk Brenda Eklund. APPROVAL OF THE AGENDA A discussion of animal control services was added to the agenda. Councilmember Harnetty, seconded by Councilmember Crum, moved to approve the agenda as amended. The motion passed unanimously. ANIMAL CONTROL SERVICES Sherrill Reid,provider of animal control services for Scandia, addressed that council with a concern that the Woodbury Animal Humane Society will terminate their agreement with the City to provide impounding services for stray dogs. This appears due to the fact that the animal control officer is not authorized to pick up non-canine stray animals, as Ordinance 75 designates impounding of dogs only. Administrator Hurlburt stated the options that staff is researching, such as changing the ordinance to allow for the collection of stray cats or to find an alternative shelter or animal control service that will accommodate the City's impounding needs. Mayor Seefeldt suggested that staff further research this issue and make a recommendation at the next council meeting. Councilmember Peterson commented that Ms. Reid has done an outstanding job as the provider of animal control for Scandia over the years. BIG MARINE LAKE LIQUOR STORE LICENSE RENEWAL Councilmember Crum, seconded by Councilmember Peterson, moved to approve the 2009 liquor license renewal for Big Marine Lake Liquor Store (Off-Sale). The motion passed unanimously. TOBACCO LICENSE RENEWALS Councilmember Peterson, seconded by Councilmember Harnetty, move to approve the 2009 Tobacco Products Sales Licenses for the following establishments: Todd's Home Center, Big Marine Lake Liquor and Big Marine Lake Store. The motion passed unanimously. 2009 CITY COUNCIL MEETING SCHEDULE Council reviewed the City Council meeting schedule for 2009. Regular meetings will continue to be held on the third Tuesday of the month, and meetings with the Planning Commission on the first Tuesday of the month. Councilmember Harnetty, seconded by Mayor Seefeldt, moved to approve the City Council Meeting Schedule for 2009 as presented. The motion passed unanimously. December 2,2008 Scandia City Council Page 2 of 3 REDUCTION OF LETTER OF CREDIT FOR LANDSCAPING, TII GAVO SUBDIVISION Critical Connections, on behalf of Superior Land Preservation, has requested that the landscaping Letter of Credit be reduced by $35, 900 for a final amount of$141,787. Building/Code Enforcement Official Thorp has inspected site and reported that the tree count is correct and the trees appear to be doing well. Councilmember Harnetty, seconded by Councilmember Crum, moved to approve the reduction of$35,900 in the landscaping Letter of Credit for the Tii Gavo subdivision. The financial guarantee will total $141,787. The motion passed unanimously. SHERIFF'S DEPARTMENT TRAINING EXERCISE AT 20780 OLINDA TRAIL The Washington County Sheriff's Office has asked for permission from the City to conduct a training exercise on the property at 20780 Olinda Trail (former Rasmussen house) December 17, 2008. A"Hold Harmless Agreement" was submitted from the Sheriffs Office. City Attorney Hebert advised that approval of this contract should come from the Washington County Attorney prior to acceptance by the City. Councilmember Crum, seconded by Councilmember Peterson, moved to approve the request for use of property at 20780 by the Washington County Special Response Team, pending approval of an indemnification agreement by both the County and City Attorneys. The motion passed unanimously. ACCEPT DONATION FROM THE FOREST LAKE ATHLETIC ASSOCIATION At the request of the Park and Recreation Committee, the Forest Lake Athletic Association has donated $300 from their charitable gambling funds towards the Open Gym program, to be held at the Scandia Elementary School on four Saturdays in January. Councilmember Peterson, seconded by Councilmember Crum, moved to accept the $300 donation from the Forest Lake Athletic Association to help fund the Open Gym Program. The motion passed unanimously. The Planning Commission meeting was called to order at 7:33 p.m. The following were present: Commission Chair Chris Ness, Commissioners Tom Krinke, Christine Maefsky, Susan Rodsjo and Peter Schwarz. City Attorney Hebert recognized the recent passing away of Scandia resident Franz Westermeier, age 90. Mr. Westermeier, a long-time member of the New Scandia Township Planning Commission, was a major author of the early Comprehensive Plan and a proponent of rural character within the community. 2008-2030 COMPREHENSIVE PLAN (RESOLUTION 12-02-08-01) Administrator Hurlburt gave an overview of the process that has lead to review of the final draft of the 2008-2030 Comprehensive Plan. The statutory deadline for submitting the plan to the Metropolitan Council is December 31, 2008. Following a special meeting of the Planning Commission on November 25, 2008, the City's consultant provided a detailed list of changes made to the draft plan. These changes were documented in a list dated December 1, 2008. Commissioner Krinke noted that the changes accurately reflect the discussion of the November 25th meeting. December 2,2008 Scandia City Council Page 3 of 3 Chairman Ness commented that a major change was to the bonus density allowed in the Agricultural Core and General Rural districts. A bonus density of 75% of the base density will be allowed in both districts. This was revised from the 100%bonus density allowed for conservation subdivisions in the Ag Core and the 50%bonus allowed for in the General Rural district that were written into the draft plan. The Planning Commission unanimously recommended approval of the Comprehensive Plan with inclusion of the list of changes dated December 1, 2008. Mayor Seefeldt recommended that wording be altered on page 133 to state"encourage the use of native vegetation" (Land Use Implementation Strategy 6.2.2). Councilmember Harnetty, seconded by Councilmember Peterson, moved to accept the recommendation of the Planning Commission to adopt Resolution 12-02-08-01, Approving the 2008-2030 Comprehensive Plan to the Metropolitan Council, with incorporation of the changes on the list dated December 1, 2008 and with Mayor Seefeldt's recommendation to wording on page 133. The motion passed unanimously. Mayor Seefeldt acknowledged the Planning Commission for the many hours of work that culminated in a thorough final comprehensive plan. Moose Malmquist, Comprehensive Plan Committee member, thanked the Planning Commission members for their commitment to the project. Councilmember Peterson, seconded by Councilmember Harnetty, moved to adjourn. The meeting adjourned at 7:48 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk 6 ‘ ) ito t Y City of Scandia Treasurer's Report November 30, 2008 Beginning Balance 1 1/01/08 905,085.42 Receipts 32,350.07 Expenditures 2 3 P 1�.65,.10 Payroll 19,235.86 -232,888.96 Adjustments: Duplicate Exp. Entry + 35.00 Ending Balance 11/30/08 704,581.53 Submitted by: Colleen Firkus, Treasurer I ' ( 'D :_<A. 2008 CASH BALANCES AT END OF MONTH FUND JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER 101 GENERAL 396,088 279,159 152,070 77,088 -12,296 -53,728 516,794 444,579 351,258 223,334 172,776 301 DEBT SERVICE 544,454 544,454 549.362 500.810 500,810 500,810 700,834 705,678 458.596 220,466 127.357 401 CAPITAL IMPR 207,796 207,796 206,562 191,717 190,752 190,115 202,682 200,593 200,103 199,081 196,291 403 SANCTUARY RD IMPR 11.163 -18,538 404 PARK CAP IMPR 45,395 41,562 34,430 34,430 34.430 34,430 37,430 34,929 34,929 32,935 32.935 406 EQUIPMENT REPLACEMENT 33.820 9,732 9 732 9732 9.732 9,732 9.732 8,390 48,390 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 92,187 801 ESCROW 56.550 56,550 57.550 58,300 57.050 57.800 59.550 43.050 49.300 49,300 42,800 TOTAL 1.412,912 1,244,740 1.124.059 989,858 898,090 855,411 1,649,506 1,545,227 1,255.049 901,236 694,197 CITY OF SCANDIA Expenditure Guideline Summary Current Period: November 2008 YTD YTD MTD Enc % Description Budget Amount Amount Current Balance of Budget Fund 101 GENERAL FUND Dept 41000 Administration&Finance $342,762.00 $303,750.15 $22,891 74 ° $0 00 $39,011 85 88.62/° 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 $5.360.88 $2,485 65 $0 00 $409 12 92.91% Dept 41910 Planning&Building $170,244 00 $193,307.97 $14,476.65 $0 00 -$23,063.97 113.55% Dept 42100 Police $101,883 00 $96,006.46 $0.00 $0.00 $5,876 54 94 23% Dept 42200 Fire Dept $312,222 00 $316,301 52 $6,414 10 $0 00 -$4,079 52 101.31% Dept 43000 Public Works $588,475.00 $345,061.63 $23,336.10 $0.00 $243,413.37 58.64% Dept 43210 Sewer&Water $3,330.00 $2,609 32 $34.66 $0.00 $720 68 78 36% Dept 45000 Parks&Recreation $45,922.00 $30,161.64 $1,087 22 $0.00 $15,760.36 65.68% Dept 45180 Community Center $52,926.00 $42,297.23 $3,407.02 $0.00 $10,628 77 79.92% Dept 48000 Capital Improvements $0.00 $0.00 $0.00 $0.00 $0 00 0 00% Fund 101 GENERAL FUND $1,642,247.00 $1,348,666.34 $74,133.14 $0.00 $293,580.66 82.12% Fund 302 BLACKTOP PROJECT 2002 $209,561 00 $209,561 25 $0.00 $0 00 -$0 25 100.00% Fund 304 BLACKTOP PROJECT 2004 $255,240 00 $255,240.00 $0.00 $0 00 $0.00 100.00% Fund 307 BLACKTOP PROJECCT 2007 $305,163.00 $305,162.50 $0.00 $0.00 $0.50 100.00% Fund 310 FIREHALL/PUBLIC WORKS BOND $121,135.00 $121,538.00 $100,567 50 $0.00 -$403.00 100.33% Fund 401 CAPITAL IMPROVEMENTS $45,600.00 $24,072.26 $2,790 00 $0.00 $21,527.74 52.79% Fund 403 SANCTUARY $0.00 $30,913.31 $29,701.58 $0 00 -$30,913.31 0.00% Fund 404 PARK ACQUISITION AND DEV $14,000.00 $16,486.41 $0.00 $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 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 $82,451.35 $25,696 76 $0.00 -$30,857 35 159.81% Report Total $2,644,540.00 $2,419,569.78 $232,888.98 $0.00 $224,970.22 91.49% i g. CITY OF SCANDIA 12/12/08 10:58 AM j a C ``4 n Page 1 Payments SCA.lr D c S a i A Current Period: December 2008 Batch Name 12-16-08 User Dollar Amt $38,078.54 Payments Computer Dollar Amt $38,078.54 $0.00 In Balance Refer 1926 AMER/PRIDE LINEN&APPAREL S Cash Payment E 101-45180-210 Operating Supplies&Eq Community Center Supplies $164.89 Invoice 100000027526 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $164.89 Refer 1977 BILDEAUX,ALEX Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1988 BONESTROO _ Cash Payment E 101-43000-303 Engineering Fees General Engineering $714.83 Invoice 163180 Cash Payment E 101-43000-303 Engineering Fees Big Marine Lake Development $5,672.48 Invoice 163181 Cash Payment E 403-48000-303 Engineering Fees The Sanctuary $1,225.19 Invoice 163182 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $7,612.50 Refer 1963 BUSINESS FORMS&ACCOUNTIN Cash Payment E 101-41000-203 Printed Forms&Papers Check order $154.07 Invoice 39964 Cash Payment E 101-41000-203 Printed Forms&Papers Payroll checks $84.68 Invoice 39965 Cash Payment E 101-41000-203 Printed Forms&Papers Tax forms $178.71 Invoice 40116 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $417.46 Refer 1927 C&B EXCAVATING Cash Payment E 101-45180-385 Sewer Pumping&Maint Community Center Sewer Pump Replacement $1,180.15 Invoice 11-17-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $1,180.15 Refer 1929 CITIBUSINESS CARD Cash Payment E 101-41000-322 Postage Certified letter $5.32 Invoice 11-20-08 Cash Payment E 101-43000-210 Operating Supplies&Eq Cell phone cases $32.02 Invoice 11-20-08 Cash Payment E 101-41410-200 Office Supplies Election Day food $119.67 Invoice 11-03-08 Cash Payment E 101-42200-209 Medical Supplies Medical Supplies $350.00 Invoice 11-18-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $507.01 Refer 1928 CONNEXUS ENERGY Cash Payment E 101-43210-381 Utilities-Electric&Gas Rasmussen house $22.64 Invoice 11-26-08 Cash Payment E 101-43000-387 Street Light Utilities Wyldewood Acres $57.28 Invoice CITY OF SCANDIA 12/12/08 10:58 AM s,•s,. Page 2 Payments SCANDIA 'sn ; n n e- • '1) i a Current Period: December 2008 Cash Payment E 602-43210-381 Utilities-Electric&Gas 201 System $15.56 Invoice Cash Payment E 101-45000-381 Utilities-Electric&Gas Hay Lake Shelter $13.10 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $108.58 Refer 1931 ECM PUBLISHERS, INC. Cash Payment E 101-41000-351 Legal Notices Publishing Budget Notice $106.25 Invoice IT00124099 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $106.25 Refer 1930 EXCELLCOM - Cash Payment E 101-43000-210 Operating Supplies&Eq Public Works cell phone batteries $79.64 Invoice 11075003440 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $79.64 Refer 1983 FIRE SAFETY USA, INC. Cash Payment E 101-42200-210 Operating Supplies&Eq Replacement lens and Survivair valves $137.00 Invoice 25938 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $137.00 Refer 1932 FRONTIER - Cash Payment E 101-41910-321 Telephone Building Dept. $75.99 Invoice 6514335762 Cash Payment E 101-42200-321 Telephone Firehall $140.62 Invoice 6514334383 Cash Payment E 101-41000-321 Telephone City office $206.26 Invoice 6514332274 Cash Payment E 602-43210-321 Telephone 201 Dialer $74.00 Invoice 6514332274 Cash Payment E 101-43000-321 Telephone Maintenance garage $62.34 Invoice 6514335223 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $559.21 Refer 1933 FXL,INC. _ Cash Payment E 101-41000-300 Assessor Assessor Services $1,500.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $1,500.00 Refer 1973 GOEKEN, MIKE Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1934 GOPHER STATE ONE-CALL INC _ Cash Payment E 101-43000-210 Operating Supplies&Eq Locator tickets $5.80 Invoice 8110816 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $5.80 Refer 1936 HEBERT AND WELCH, P.A. Cash Payment E 101-41000-304 Legal Fees Prosecution Services $729.00 Invoice 15121 Cash Payment E 403-48000-304 Legal Fees The Sanctuary $162.00 Invoice 15132 CITY OF SCANDIA 12/12/08 10:58 AM �' .t ,f Page 3 �; :7/ ' Payments SCANDIA .an t,!1 it c o t a Current Period: December 2008 Cash Payment E 101-41000-304 Legal Fees Legal Services $1,015.00 Invoice 15132 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $1,906.00 Refer 1935 HELKES TREE SERVICE Cash Payment E 101-43000-405 Contractual Road Maint/ Storm damage $1,800.00 Invoice 928396 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $1,800.00 Refer 1937 HULLEMAN, CLAYTON _ Cash Payment E 101-45180-438 Misc.Contractual Community Center Lock-ups $144.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $144.00 Refer 1938 INDOOR ENVIRONMENTAL GROU - Cash Payment E 101-43210-438 Misc.Contractual Asbestos Inspection $750.00 Invoice 3616 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $750.00 Refer 1985 INTERSTATE ALL BATTERY CENT Cash Payment E 101-42200-210 Operating Supplies&Eq Battery supplies $113.32 Invoice 030955 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $113.32 Refer 1939 KIRVIDA FIRE Cash Payment E 101-42200-404 Repairs/Maint Machinery Tanker repair $281.00 Invoice 1265 Cash Payment E 101-42200-404 Repairs/Maint Machinery Pumper repair $157.87 Invoice 1242 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $438.87 Refer 1940 KRINKE, TOM Cash Payment E 101-41910-313 Committee&Commissio 4th Qrt Planning Commission $250.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $250.00 Refer 1941 LOFFLER COMPANIES, INC. Cash Payment E 101-41000-413 Office Equipment Rental Copier lease $181.48 Invoice 112749213 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $181.48 Refer 1945 MAEFSKY, CHRISTINE Cash Payment E 101-41910-313 Committee&Commissio 4th Qrt Planning Commission $250.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $250.00 Refer 1944 MENARDS Cash Payment E 101-45180-223 Building Repair&Suppli Comm Center plumbing maintenance $115.61 Invoice 92200 Cash Payment E 101-45180-223 Building Repair&Suppli Comm Center plumbing $74.72 Invoice 92779 Cash Payment E 101-43000-210 Operating Supplies&Eq Public Works supplies $44.47 Invoice 92779 Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Dept.supplies $36.76 Invoice 94487 , ., CITY OF SCANDIA 12/12/08 10:58 AM «,';z , Page 4 Payments SCANDIA m i n n e s o t :a' Current Period: December 2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $271.56 Refer 1943 MIDAMERICA TECH&ENVIRO SE _ Cash Payment E 101-43210-438 Misc.Contractual Removal of heating oil tank-Rasmussen house $450.00 Invoice 12-07-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $450.00 Refer 1979 MILBRANDT ENTERPRISE Cash Payment E 101-45180-401 Builiding Maintenance/R Community Center' $971.43 Invoice 401-50 Cash Payment E 101-45180-210 Operating Supplies&Eq CC Supplies $111.61 Invoice 401-50 Cash Payment E 101-42200-401 Builiding Maintenance/R Fire Dept. $202.83 Invoice 404-50 Cash Payment E 101-42200-210 Operating Supplies&Eq FD Supplies $13.52 Invoice 404-50 Transaction Date 12/11/2008 SECURITY STATE B 10100 Total $1,299.39 Refer 1942 MINNESOTA LIFE INSURANCE CO. _ Cash Payment E 101-41000-134 Employer Paid Life Hurlburt Life $3.70 Invoice 12-2008 Cash Payment E 101-41910-134 Employer Paid Life Thorp Life $3.70 Invoice Cash Payment G 101-21710 Suppl.Life Ins. Employee Pa Thorp Supplemental $2.40 Invoice Cash Payment E 101-43000-134 Employer Paid Life Morrison Life $3.70 Invoice Cash Payment E 101-43000-134 Employer Paid Life Egelkraut Life $3.70 Invoice Cash Payment G 101-21710 Suppl.Life Ins.Employee Pa Egelkraut Supplemental $4.10 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $21.30 Refer 1964 MN JOINT UNDERWRITING ASSOC _ Cash Payment E 101-42200-361 Liability/Property Ins Liability Coverage-Fireball $125.00 Invoice 12-09-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $125.00 Refer 1948 MN NCPERS LIFE INSURANCE _ Cash Payment E 101-41000-134 Employer Paid Life Admin Staff Life Ins $48.00 Invoice 12-2008 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 Ins $32.00 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $96.00 Refer 1952 NESS, CHRIS - Cash Payment E 101-41910-313 Committee&Commissio 4th Qrt. Planning Commission Chair $300.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $300.00 Refer 1951 NEXTEL COMMUNICATIONS _ • .► CITY OF SCANDIA 12/12/08 10:58 AM Payments Page 5 SCANDIA m i n n c s o t a Current Period: December 2008 Cash Payment E 101-43000-321 Telephone Add'n cell-Public Works $74.71 Invoice 11-17-08 Cash Payment E 101-41000-321 Telephone Admin Cell $47.31 Invoice 721650231-041 Cash Payment E 101-41910-321 Telephone Bldg.Dept.Cell $47.32 Invoice Cash Payment E 101-42200-321 Telephone Fire Dept.Cell phones $189.30 Invoice Cash Payment E 101-43000-321 Telephone Public Works Cell phones $189.30 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $547.94 Refer 1949 NOBLES TIRE SERVICE _ Cash Payment E 101-43000-222 Tires Tires-dump truck $2,465.05 Invoice 976701597 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $2,465.05 Refer 1984 NORTH SHORE COMPRESSOR& Cash Payment E 101-42200-210 Operating Supplies&Eq Filter cartridge,air test $163.14 Invoice 29739 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $163.14 Refer 1950 OFFICEMAX CONTRACT, INC. Cash Payment E 101-41910-200 Office Supplies Supplies-Bldg.Dept. $67.24 Invoice 556188 Cash Payment E 101-41000-200 Office Supplies Office supplies $26.06 Invoice Cash Payment E 101-45000-210 Operating Supplies&Eq Parks Dept. $5.76 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $99.06 Refer 1947 OFFICEMAX Cash Payment E 101-42200-200 Office Supplies Fire Dept supplies $176.08 Invoice 463775995 Cash Payment E 101-41410-200 Office Supplies Election supplies $40.36 Invoice 1120000021952 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $216.44 Refer 1946 OLSONS SEWER SERVICE Cash Payment E 101-42200-385 Sewer Pumping&Maint Fire Dept pumping $274.32 Invoice 72439 Cash Payment E 101-43000-384 Refuse/Garbage Disposa Public Works pumping $182.87 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $457.19 Refer 1954 OSCEOLA MEDICAL CENTER _ Cash Payment E 101-43000-305 Medical Fees Regnier screening $128.00 Invoice 12-01-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $128.00 Refer 1953 OSI ENVIRONMENTAL INC. _ Cash Payment E 101-45180-438 Misc.Contractual Underground tank pumping $740.00 Invoice 2015125 CITY OF SCANDIA l,orA 12/12/08 10:58 AM Page 6 K Payments SCANDIA m i n n e s o t a Current Period: December 2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $740.00 Refer 1955 PETERSON REPAIR& TOWING _ Cash Payment E 101-43000-404 Repairs/Maint Machinery D.O.T.Check 03 Sterling $75.00 Invoice 4300 Cash Payment E 101-43000-404 Repairs/Maint Machinery D.O.T.Check 97 Ford $75.00 Invoice 4297 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $150.00 Refer 1976 RASMUSSEN, MATT Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt.Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1956 RODSJO, SUSAN Cash Payment E 101-41910-313 Committee&Commissio 4th Qrt. Planning Commission $250.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $250.00 Refer 1986 ROLLTEX COMPUTERS _ Cash Payment E 101-42200-210 Operating Supplies&Eq Flash drive $32.01 Invoice 2852 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $32.01 Refer 1959 SCANDIA STORE - Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Dept.Dinner $81.40 Invoice 11-21-08 Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Dept.Dinner $209.70 Invoice 11-24-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $291.10 Refer 1972 SCHIK,KAREN Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1957 SCHWAAB, INC. _ Cash Payment E 101-41000-200 Office Supplies Stamper replacement pads $20.23 Invoice X69462 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $20.23 Refer 1961 SCHWARZ, PETER Cash Payment E 101-41910-313 Committee&Commissio 4th Qrt.Planning Commission $250.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $250.00 Refer 1962 SELECT ACCOUNT _ Cash Payment E 101-41000-131 Employer Paid Health Hurlburt HSA $100.00 Invoice 12-2008 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 CITY OF SCANDIA 12/12/08 10:58 AM .'n Page 7 � �T Payments SC1-ilr D rninncs434e. Current Period: December 2008 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 12/10/2008 SECURITY STATE B 10100 Total $910.00 Refer 1958 SHERRILL REID Cash Payment E 101-41000-314 Animal Control Animal Control $75.00 Invoice 08-146 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $75.00 Refer 1978 SKUPIEN, DAN Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1960 SRC, INC. Cash Payment E 101-45180-384 Refuse/Garbage Disposa Community Center $125.59 Invoice 12-04-08 Cash Payment E 101-42200-384 Refuse/Garbage Disposa Fire Dept. $20.10 Invoice Cash Payment E 101-43000-384 Refuse/Garbage Disposa Public Works $13.39 Invoice Cash Payment E 101-41000-430 Recycling December Recycling $2,320.50 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $2,479.58 Refer 1982 STEPHENS PUBLISHING COMPAN _ Cash Payment E 101-42200-210 Operating Supplies&Eq Fire Safety Coloring Calendars $383.03 Invoice 9681 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $383.03 Refer 1965 SW/WC SERVICE COOPERATIVE Cash Payment E 101-41000-131 Employer Paid Health Hurlburt Health Ins. $296.00 Invoice 01-2009 Cash Payment E 101-41000-131 Employer Paid Health Eklund Health Ins. $296.00 Invoice Cash Payment E 101-41910-131 Employer Paid Health Thorp Health Ins. $296.00 Invoice Cash Payment E 101-43000-131 Employer Paid Health Morrison Health $758.80 Invoice Cash Payment G 101-21706 Accrued Medical Ins Morrison Contribution $189.70 Invoice Cash Payment E 101-43000-131 Employer Paid Health Egelkraut Health $758.80 Invoice Cash Payment G 101-21706 Accrued Medical Ins Egelkraut Contribution $189.70 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $2,785.00 Refer 1980 SWENSON, KENT Cash Payment E 101-42200-331 Travel Expenses Mileage to EMS Training $34.45 Invoice 12-10-08 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $34.45 tACITY OF SCANDIA 12/12/08 10:58 AM \� A , Page 8 .' Payments SCAN DIA. m i n n o x a- > Current Period: December 2008 Refer 1966 THORP, STEVE Cash Payment G 101-21710 Suppl. Life Ins.Employee Pa Reimbursement for supp. Life insurance rebate $32.20 Invoice 12-08-08 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $32.20 Refer 1967 TODDS HOME CENTER _ Cash Payment E 101-43000-212 Fuel Fuel $280.80 Invoice 11-30-08 Cash Payment E 101-43000-210 Operating Supplies&Eq Supplies $188.71 Invoice Cash Payment E 101-41910-212 Fuel Bldg Dept-Fuel $32.70 Invoice Cash Payment E 101-45000-210 Operating Supplies&Eq Warming house lights $128.68 Invoice Cash Payment E 101-45180-406 Grounds Care Tree wrap $9.58 Invoice Cash Payment E 101-43210-401 Builiding Maintenance/R Rasmussen house $4.47 Invoice Cash Payment E 101-42200-212 Fuel Fuel-Fire Dept. $153.52 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $798.46 Refer 1975 TRIPLETT, TOM Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1968 UNION SECURITY INSURANCE CO _ Cash Payment E 101-41000-135 Employer Paid Disability Hurlburt LT Disability $51.10 Invoice 12-2008 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 Cash Payment E 101-43000-135 Employer Paid Disability Egelkraut LTD $51.10 Invoice Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $193.30 Refer 1974 VOGEN, TOM Cash Payment E 101-45000-313 Committee&Commissio 4th Qrt Park Committee $60.00 Invoice 12-2008 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $60.00 Refer 1987 VOLUNTEERS FF BENEFIT ASSN _ Cash Payment E 101-42200-433 Dues and Subscriptions Renew insurance policy $210.00 Invoice 12-2008 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $210.00 Refer 1969 WALLYS SMALL ENGINE REPAIR _ Cash Payment E 101-45000-404 Repairs/Maint Machinery Zamboni repairs $587.04 Invoice 09888 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $587.04 Refer 1970 WASHINGTON COUNTY RECORDE CITY OF SCANDIA 12/12/08 10:58 AM 1 K Page 9 Z; ' , Payments SCANDIA m i n n e s o t a Current Period: December 2008 Cash Payment E 101-41910-312 Planning Services Stanek Resolution $46.00 Invoice 1617 Cash Payment E 101-41910-312 Planning Services Hermes Resolution $46.00 Invoice 1617 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $92.00 Refer 1981 WASHINGTON FIRE CHIEFS ASN Cash Payment E 101-42200-433 Dues and Subscriptions 2009 Membership Dues $50.00 Invoice 12-2008 Transaction Date 12/12/2008 SECURITY STATE B 10100 Total $50.00 Refer 1971 XCEL ENERGY Ck#000015E 12/10/2008 Cash Payment E 101-42200-381 Utilities-Electric&Gas Fire Siren $3.38 Invoice 175432685 Cash Payment E 101-43000-387 Street Light Utilities Streetlights $283.98 Invoice 177113245 Cash Payment E 602-43210-381 Utilities-Electric&Gas Lift Station#1 $17.12 Invoice 302519740 Cash Payment E 101-43000-387 Street Light Utilities Uptown Streetlights $257.42 Invoice 302785259 Cash Payment E 101-43210-381 Utilities-Electric&Gas Uptown Sewer $10.53 Invoice 303033579 Cash Payment E 101-43000-381 Utilities-Electric&Gas Flashing Light $34.41 Invoice 303328935 Cash Payment E 101-45000-381 Utilities-Electric&Gas Aerator $8.52 Invoice 303682753 Cash Payment E 101-45180-381 Utilities-Electric&Gas Community Center $466.85 Invoice 176067801 Cash Payment E 101-45000-381 Utilities-Electric&Gas Warming House $118.35 Invoice 176066120 Cash Payment E 602-43210-381 Utilities-Electric&Gas Bliss LS#2 $34.48 Invoice 176063102 Cash Payment E 101-45180-381 Utilities-Electric&Gas Annex electric $37.96 Invoice 176072560 Cash Payment E 101-45180-381 Utilities-Electric&Gas Annex gas $73.56 Invoice 176108944 Cash Payment E 101-43000-381 Utilities-Electric&Gas Old maintenance garage $50.07 Invoice 176069083 Cash Payment E 101-42200-381 Utilities-Electric&Gas Firehall $592.84 Invoice 176075073 Cash Payment E 101-43000-381 Utilities-Electric&Gas Public Works $395.22 Invoice 176075073 Cash Payment E 602-43210-381 Utilities-Electric&Gas Bliss LS 3&4 $34.79 Invoice 175921353 Cash Payment E 101-45000-381 Utilities-Electric&Gas Ballfield $23.43 Invoice 175919365 Transaction Date 12/10/2008 SECURITY STATE B 10100 Total $2,442.91 ,k'*. CITY OF SCANDIA 12/12/08 10:58AM r3: ;=:K Page 10 a' Payments SCANDIA. to a n n c s o t a Current Period: December 2008 Fund Summary 10100 SECURITY STATE BANK 101 GENERAL FUND $36,515.40 403 SANCTUARY $1,387.19 602 201 SEWER FUND $175.95 $38,078.54 Pre-Written Check $2,442.91 Checks to be Generated by the Compute $35,635.63 Total $38,078.54 Meeting Date: 12/16/2008 Agenda Item: 3 City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the following liquor licenses for 2009: 1) The Scandia Creamery, LLC (Renewal, On-Sale, On-Sale Sunday) 2) Chikos, Inc. DBA Mi Casita Mexican Grill (Renewal, On- Sale, On-Sale Sunday) 3) Scandia Fire & Rescue Relief Association (Temporary On- Sale, February 23, 2008) 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. • The Sheriffs Department has completed their investigations and found no issues with any of the licenses. There were no compliance check failures in Scandia in 2008. Recommendation: I recommend that the Council approve the licenses. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (liquor licenses 2009) Page 1 of 1 12/09/08 Meeting Date: 12/16/08 Agenda Item: <-)2..:) 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 Silva Consultant Services at PID #33-032-20-33-0001 to allow the cutting of trees in the Shoreland Overlay District Deadline/ Timeline: N/A Background: • Section 9.1 of the Shoreland Management Regulations requires a Certificate of Compliance be obtained prior to the removal of any trees. • The property does not have an address but is located on the South side of Big Marine Lake. The approximately 50 acre parcel has boundaries that are the North end of Margo Avenue and West of 182nd St N. (see map). • The property was logged back in 1996 or 1997 and select harvesting was done at that time of hardwoods that were either diseased or creating a hazard from falling. • At this time the applicant is asking to again selectively cut the hardwoods for the same reasons. • The cutting will be done in the winter so that trucks can be loaded but at no time will the trucks be near the lake. There should be very little impact on Big Marine Lake. Recommendation: I have spoken with the MN DNR Hydrologist Craig Wills and he sees no issues. Jyneen Thatcher from the Washington County Conservation District and Jim Shaver from the Carnelian Marine Watershed District also identified no issues with the proposed tree cutting. My recommendation is to issue the Certificate of Compliance. Attachments/ • Draft Resolution 12-16-08-03 Materials provided: • Zoning application • Map Contact(s): Don Mueller, Silva Consultants Forester 715-755-3462 Prepared by: Steve Thorp, Code Official eisenhammer cert of comp 12/10/08 CITY OF SCANDIA RESOLUTION NO. 12-16-08-03 CERTIFICATE OF COMPLIANCE FOR PARCEL #33-032-20-33-0001 WHEREAS, a Certificate of Compliance is required for the cutting of trees in the Shoreland Management District; and WHEREAS, the property is legally identified with a Washington County Parcel ID #33- 032-20-33-0001, Washington County, Minnesota; and WHEREAS, the City Council reviewed the request on December 16th, 2008; 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 Silva Consultants Services for a Certificate of Compliance. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. Selective cutting of hardwood trees on approximately 15 acres of the site is permitted. 2. Harvesting of trees shall be complete by March 1, 2009 unless another Certificate of Compliance is issued. 3. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator • File No. n 0 (9, 7 APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us Please read before completing: The City will not begin processing 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. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) 2. Washington County Parcel ID: - 3 r03 C7Lav 33 - 000j 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Phone: !�(E.O a n R vhe.vr L i Si- /419 o-t e'er (h) 6 3o - 9‘ - 3 o c y 8 s . /y 2 6-4)51-1,,,c7c,-,/ S s . (b) � A e tea', re._ Street Address: E-Mail: City/ State: Zip: 5. Applicant/Contact Person: Phone: 5 l Cri.vs c.t_ «ti- (h) ;/ - 7 SD-- 3'i (b) 7 S-2c - Ya(o Street Address (Mailing): .7e ,fricis _ (IA/ E-Mail: City/ State: Zip: p�PLse, 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 12/5/2008 7. Brief Description of Request: (attach separate sheet if necessary) tle0L..Ct '_..- I S 3 T rn1G L N4e( -F2 — iJ -)l-(c`ig 1/4-TN s Ck.c 2 e_ Ec Pipict t�j y 3/'/07 8. Project Name: I hereby apply for consideration of the above described request 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 the 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 refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: / 4/0 For City Use Only PAID Application Fees: ft. 7 5 0 0 Parcel Search Fee: CITY OF SCANDIA Escrow Deposit: c,J, s N0 (ss �Z)s)(36/ 12/5/2008 �`(Ntra.) (2 k/og S(Vlint I5ouzlI(.0 l6 C I\J-TYLA On this date, the parties have hereunto set their hands and seals the day and year st hereinabove written: For Silva Consultants e Fred M. Eisenhannmer rieel* Carmen D.Eisenhaauner c_ c4 7?n.,7,•(1,; %/Y)C, 1L1 _S w v _1 -7 •N., W.._ , Cr. ,\ 1I ... " •"7.'---.. 0 .... -...7 ‘,..._ v, a ill74 - 0, IN en .— rn '•-• 11 CO " ...„ cci-r- ry en'... 0 4,1 ,.. e•en ..... We O'n .., 4"" N t, ,-..-- _ ,.. ,.., 0 ,„.......z.6.e......--' enC;.C. e 1.1... •,- ,,- 40/46.1 111111111111,..... i) I1111111011111116.N ". _ftwommm, 0 I rn I viat-41:0: 0,... r2 0") . . 7 o I ,... rs , 4 Ce% IKINIIW. C' • '''', ..-. _ .... ••• 1 t , 1.... . Cssi pi N. ,3 il tv.t V) ....71.* ,,,, II, I 0 ... ii i1 64 ^' 0 ) t tdboF EirA _ ..4t. • 0 0 ..... ._ , r4 tv f , . ,r. , : , , i ,r1 , r, , .."' el .• e I. Raw$ . . .,.._,. Qi 4, t -....,..i. ..). '.3! :.: o, Lt 1 ....1.6...... ev> "--''''-------. I I I itt;f:. Meeting Date: 12/16/08 Agenda Item: 6, 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 Charlie Westman, DVM for a business office at 14760 Oakhill Rd North. Deadline/ Timeline: N/A Background: • The building has been used as an office for businesses in the past. Charlie Westman, DVM does chiropractic care for animals and will primarily use this space for canines a couple days a week. • A sign will be placed above the store front that will be similar to signs of other tenants. • No additional exterior lighting will be added. Recommendation: My recommendation is to issue the Certificate of Compliance for this new business. Attachments/ • Draft resolution Materials provided: • Zoning application Contact(s): Charlie Westman, DVM 612-633-2878 Prepared by: Steve Thorp, Code Official Charlie Westman,DVM Page 1 of 1 12/11/08 CITY OF SCANDIA RESOLUTION NO. 12-16-08-XX CERTIFICATE OF COMPLIANCE FOR 14760 OAKHILL ROAD NORTH WHEREAS, Charlie Westman, DVM, have made application for a Certificate of Compliance to locate a business office in the Retail Business District; and WHEREAS, the property is located at 14760 Oakhill Road North, also described as Washington County Parcel ID #14-032-20-34-0020, Washington County, Minnesota; and WHEREAS,the City Council reviewed the request on December 16, 2008; 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 Charlie Westman DVM, LLC, for a Certificate of Compliance. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 2nd day of September, 2008. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator File No. )0 0 0,2 APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us Please read before completing: The City will not begin processing 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. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicab J I O as ,�,� � ( It) (U,- E m , 11t iva7 3 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Phone: IJO f i ( (h) 4fiJ (b) Street Address: pi•7(ao oCNJ ` ( E-Mail: City/ State: \ 9 v'( 0 \\ i--& -vA ,N) .----Aort• e _„---0,7 Zip: ‘1 5. Applicant/Contact erson: Phone: C.,(..,o jJ 99 I ' ',&a"' U i`l'_ (h) (b) op -- 3 A Street Address (Mailing): .p.�c,v,i-04,a cos'(>3 E-Mail: ck e, ,�g� Q 4cc,1-1\C s1 City/ State: uV\ . 'T c, (k-A) Zip: c ) . ) 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 sheet if necessary) 1\ 3_, , sc iV '� ,NX %- cA ,.— i` s a c-t C� (L414../ ks.11c 1'k r e 40A0 Li1-- 1 1M(xr^ LL ilic-, 5 1 S t�:�5P cl\( c^��,1'Qc TC C 62 4`r CJ-" U ( irs (ham Q y o � � ,,� CO(<<-6 ��-�s3, 7--.,' 8. Project Name: I hereby apply for consideration of the above described request 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 the 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 refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: io?• WO 5? Applica ure Date: f :;.„,"...---____ / --- / 7( /c,< For City Use Only Application Fees: 4 I 6V - 0 V PAt D r,, '` n r7-1,;,:, Parcel Search Fee: L:f4 CITY OF SCANDIA Escrow Deposit: 1/5/2007 Meeting Date: 12/16/2008 Agenda Item: ..) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold the final hearing and adopt Resolution 12-16-08-05 approving the budget and Capital Improvement Program (CIP) and certifying the property tax levy for 2009. Deadline/ Timeline: The final tax levy must be certified to the county by December 28, 2008. Background: • The budget and tax levy must be adopted at a"subsequent hearing" following the Truth in Taxation hearing, which was held on Monday, December 1. The date of the hearing (December 16) was announced at the"T in T"hearing. • Only two changes were made to the draft budget after the December 1 hearing. The City Council expense budget was revised to correct an error(an increase of$1,099), and the Community Center expense budget was reduced (by$296) to bring General Fund expenses into balance with revenues. • The city must submit a Capital Improvement Program (CIP) to the Metropolitan Council as part of its 2030 Comprehensive Plan Update. The draft CIP was presented to the City Council in August. The document has been revised so that the projects proposed for 2009 are consistent with the budget. The Capital Improvements Committee will review the CIP again when they meet in the spring of 2009. • Since the"T in T"hearing, the State of Minnesota announced a massive shortfall in state revenues. It is expected that LGA(Local Government Aid) to cities will be cut significantly, and that reductions in the Market Value Homestead Credit may also be made to help balance the state budget. In 2009, Scandia is scheduled to receive no LGA. However, MVHC does impact Scandia and every other property taxing jurisdiction. For 2008, Scandia's MVHC aid was scheduled to be $48,070.90. This aid is not a direct payment to cities,but a reimbursement from the state that makes up part of the city's levy. If the state cuts this aid, the city will not receive a portion of the budgeted property tax levy. In 2003-2006, the legislature cut MVHC to many cities that Page 1 of 2 12/12/08 received little or no LGA, by about 20%. We will need to monitor legislative action affecting MVHC and may need to adjust the 2009 budget accordingly. • Also since the"T in T' hearing, the Citizens League issued its annual property tax survey, which compares property taxes paid by homeowners around the state in 2008. Scandia ranked 106th of 117 cities and towns over 2,000 population in the 7-county metro area for final effective tax rate on an average value home. For city taxes alone, Scandia ranked 85th of 117 municipalities. Among a "cluster" of small metro cities, Scandia ranked 23rd of 24 for overall property taxes and 21st of 24 for city taxes alone. The data used the tax rates from each city's predominant school district and special districts; in Scandia's case, this would the Forest Lake School District(831) and Carnelian-Marine-St. Croix Watershed District. Recommendation: I recommend that the Council adopt the resolution. Attachments/ • Draft Resolution No. 12-16-08-05 Materials provided: • Revised Budget Worksheets • Capital Improvements Program • 2008 Scandia Property Tax Profile, Citizen's League Survey Contact(s): Prepared by: Anne Hurlburt, Administrator (budget and levy) Page 2 of 2 12/12/08 RESOLUTION NO. 12-16-08-05 CITY OF SCANDIA, MINNESOTA RESOLUTION ADOPTING BUDGET AND CAPITAL IMPROVEMENT PROGRAM AND CERTIFYING PROPERTY TAX LEVY PAYABLE IN 2009 WHEREAS, the City of Scandia has prepared a budget for the fiscal year commencing January 1, 2009; and WHEREAS, the budget requires money to be raised from property taxes on taxable property in the City of Scandia; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the 2009 Budget is hereby approved, and that the following sums of money shall be certified to the County Auditor of Washington County to be raised by property tax payable in 2009: 2009 Property General Purpose Tax Levy Base Levy $1,293,721 Special Levy, Police Personnel Costs $100,805 Special Levy, Fire Personnel Costs $81,915 Special Levy, PERA Increases Since 2001 $4,451 Debt Service, Total $380,000 Total Levy $1,860,892 FURTHER BE IT RESOLVED, that the Capital Improvements Program for 2009 through 2013, which was reviewed by the City Council during its deliberations on the 2009 budget, is hereby approved for submission to the Metropolitan Council as part of the draft 2030 Comprehensive Plan Update. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk Draft revised for December 16, 2008 Budget Adoption Hearing 2009 Proposed Revenue Budget Summary by Fund and Department Intergovern- Licenses& mental Charges for Fines& Special Other Fund Dept. Description Taxes Permits Revenues Services Forfeitures Assessments Revenues Total 101 General Fund 41000 Administration& Finance $299,218 $5,775 $7,362 $1,575 $15,000 $0 $18,789 $347,719 41110 City Council $19,883 $0 $0 $0 $0 $0 $0 $19,883 41910 Planning & Building $88,227 $37,100 $0 $75,000 $0 $0 $0 $200,327 41410 Elections $495 $0 $0 $0 $0 $0 $0 $495 42000 Police $117,366 $0 $0 $0 $0 $0 $0 $117,366 42200 Fire& Rescue $289,716 $0 $25,000 $28,428 $0 $0 $10,000 $353,144 43000 Public Works $568,171 $500 $0 $16,500 $0 $0 $1,100 $586,271 43210 Uptown Sewer&Water $23,433 $0 $0 $3,597 $0 $0 $0 $27,030 45000 Parks& Recreation $56,395 $5,550 $0 $0 $5,500 $67,445 45180 Community Center $37,989 $0 $18,662 $0 $0 $0 $56,651 General Fund Total $1,500,892 $43,375 $32,362 $149,312 $15,000 $0 $35,389 $1,776,330 302 2002 Blacktop $0 $0 $0 $0 304 2004 Blacktop $100,000 $44,360 $2,467 $146,827 307 2007 Blacktop $174,000 310 Fire Hall/Public Works $106,000 $45,306 $0 $ ,426 $4,426 $110,42610 Debt Service Funds Total $380,000 $0 $0 $0 $0 $89,666 $6,893 $476,559 401 Capital Improvements $0 $0 $3,724 $ 688 404 Parks Capital Improvements $0 $0 $688 $ 79 406 Equipment Replacement 179 179 79 Capital Funds Total $0 $0 $0 $0 $0 $0 $44,591 $44,591 602 201 Sewer $1,500 $64,829 $66,329 Enterprise Funds Total $0 $0 $0 $0 $0 $1,500 $64,829 $66,329 All Funds, Total Revenues $1,880,892 $43,375 $32,362 $149,312 $15,000 $91,166 $151,702 $2,363,809 1 OF 1 REV SUMMARY 2:19 PM 12/9/2008 Draft revised for December 16, 2008 Budget Adoption Hearing 2009 Proposed Expenditure Budget Summary by Fund and Department Personal Materials& Contractual Capital Fund Dept. Description Services Supplies Services Outlays Debt Service Transfers Total 101 41000 Administration & Finance $166,146 $9,500 $172,072 $347,719 41110 City Council $17,883 $2,000 $19,883 41410 Elections $495 $495 41910 Planning & Building $83,303 $3,280 $112,894 $400 $450 $200,327 42000 Police $117,366 $117,366 42200 Fire $81,772 $46,875 $164,706 $15,000 $21,220 $23,571 $353,144 43000 Public Works $170,466 $79,202 $311,823 $10,000 $14,780 $586,271 43210 Uptown Water&Sewer $27,030 $27,030 45000 Parks $25,515 $3,650 $32,081 $5,000 $1,199 $67,445 45180 Community Center $5,258 $6,500 $44,893 $56,651 General Fund Total $550,343 $149,007 $985,360 $30,400 $21,220 $40,000 $1,776,330 304 2004 Blacktop $247,920 $247,920 307 2007 Blacktop $181,038 $181,038 310 Fire Hall/Public Works $111,140 $111,140 Debt Service Funds Total $540,098 $540,098 401 Capital Improvements $23,000 $23,000 404 Parks Capital Improvements $15,000 $25,000 $40,000 406 Equipment Replacement $25,000 $25,000 Capital Funds Total $15,000 $73,000 $88,000 602 201 Sewer $62,729 $3,600 $66,329 Enterprise Funds Total $62,729 $3,600 $66,329 All Funds,Total Expenditures $550,343 $149,007 $1,063,088 $103,400 $561,318 $43,600 $2,470,756 1 of 1 EXPENSE SUMMARY 2:08 PM 12/9/2008 Draft revised for December 16, 2008 Budget Adoption Hearing Expenditure Budget History Total Expenditures by Fund and Department 2009 Change, 2008 Fund Dept. Description 2006 Actual 2007 Actual 2008 Budget Proposed Budget to 2009 101 41000 Administration & Finance $279,829 $340,079 $344,963 $347,719 0.80% 41110 City Council $20,288 $17,419 $18,713 $19,883 6.25% 41410 Elections $4,353 $295 $5,770 $495 -91.42% 41910 Planning & Building $137,653 $128,202 $170,244 $200,327 17.67% 42000 Police $86,965 $95,589 $101,883 $117,366 15.20% 42200 Fire $282,303 $278,605 $312,222 $353,144 13.11% 43000 Public Works $941,343 $565,080 $583,166 $586,271 0.53% 43210 Uptown Water&Sewer $40,579 $39,945 $3,330 $27,030 711.71% 45000 Parks $57,435 $42,473 $46,422 $67,445 45.29% 45180 Community Center $56,662 $44,780 $52,926 $56,651 7.04% General Fund Total $1,907,410 $1,552,467 $1,639,639 $1,776,330 8.34% 302 2002 Blacktop $206,013 $208,217 $209,561 -100.00% 304 2004 Blacktop $267,480 $250,920 $255,240 $247,920 -2.87% 307 2007 Blacktop $305,163 $181,038 -40.67% 310 Fire Hall/Public Works $118,605 $120,035 $121,135 $111,140 -8.25% Debt Service Funds Total $592,098 $579,172 $891,099 $540,098 -39.39% 401 Capital Improvements $8,329 $30,751 $45,600 $23,000 -49.56% 404 Parks Capital Improvements $2,360 $14,000 $40,000 185.71% 406 Equipment Replacement $25,000 Capital Funds Total $10,689 $30,751 $59,600 $88,000 47.65% 602 201 Sewer $57,579 $70,594 $51,614 $66,329 28.51% Enterprise Funds Total $57,579 $70,594 $51,614 $66,329 28.51% All Funds,Total Expenditures $2,567,776 $2,232,985 $2,641,951 $2,470,756 -6.48% 1 of 1 EXPENSE HISTORY 2:08 PM 12/9/2008 Draft revised for December 16, 2008 Budget Adoption Hearing GENERAL FUND 101 CITY COUNCIL(41110) 2006 2007 2008 09/30/08 2008 2009 Change Actual Actual Adopted Year-to-Date Estimated Proposed '08-'09 Account Description Expenses Expenses Budget Expdtrs Expdtrs Budget Budget Notes: Personal Services 101 Regular Wages&Salaries 18,633 15,519 15,700 11,775 15,700 16,799 7.00% 121 PERA Coord.Employer Contribution 888 589 785 589 785 #REF! 122 FICA Employer Contribution 258 321 125 PERA Defined Employer Contribution 1,275 840 7.00% 126 MEDICARE Employer Contribution 228 171 456 244 6.84% 133 Life Insurance Employer Paid 405 Total Personal Services 20,183 16,428 16,713 13,810 16,941 17,883 7.00% Contractual Services 316 Conference&Seminars 1,250 1,250 1 331 Travel Expenses 105 991 750 750 Total Contractual Services 105 991 2,000 2,000 Total City Council(41110) 20,288 17,419 18,713 13,810 16,941 19,883 6.25% 1. Minnesota League of Cities and other training/seminars 1 of 1 COUNCIL 2:05 PM 12/9/2008 Draft revised for December 16, 2008 Budget Adoption Hearing GENERAL FUND 101 COMMUNITY CENTER(45180) 2006 2007 2008 2008 2009 Change Actual Actual Adopted Year-to-Date Estimated Proposed '08-09 Account Description Expenses Expenses Budget Expdtrs Expdtrs Budget Budget Notes: Personal Services 101 Regular Wages&Salaries 2,268 2,600 4,800 2,800 4,800 4,800 122 FICA Employer Contribution 74 130 76 98 168 168 126 MEDICARE Employer Contribution 70 36 70 70 151 Workers Comp Insurance Premium 200 220 #DIV/0! Total Personal Services 2,342 2,730 4,946 2,934 5,238 5,258 6.31% Materials&Supplies 210 Operating Supplies&Equipment 5,562 7,000 7,000 1,822 3,500 3,500 -50.00% 211 Cleaning Supplies 500 500 #DIV/0! 223 Building Repair&Supplies 12,876 2,500 2,500 2,574 2,574 2,500 Total Materials&Supplies 18,438 9,500 9,500 4,396 6,574 6,500 -31.58% Contractual Services 321 Telephone 486 550 150 -100.00% 334 License/CDL 1,115 1,000 285 285 285 285 361 Insurance 3,275 3,300 4,181 2,741 2,741 2,840 -32.07% 381 Utilities 10,084 10,800 11,000 8,579 14,707 17,500 59.09% 384 Refuse Disposal 1,572 1,500 1,500 871 1,493 1,600 6.67% 385 Sewer Pumping&Maintenance 1,036 400 1,000 611 1,000 1,100 10.00% 401 Bldg Maintenance 16,329 14,000 17,500 8,498 14,600 17,500 406 Grounds Care 355 1,000 1,000 102 1,000 407 Well Repair&Maintenance 1,500 #DIV/0! 1 438 Misc Contractual 384 96 384 439 Refunds Issued 1,630 1,480 425 725 1,184 -20.00% Total Contractual Services 35,881 32,550 38,480 22,209 35,551 44,893 16.67% Capital Outlays 560 Furniture&Fixtures #DIV/0! Total Capital Outlays #DIV/0! Total Community Center(45180) 56,662 44,780 52,926 29,538 47,363 56,651 7.04% 1.Seal well adjacent to old maintenance garage 1 of 1 CENTER 2:09 PM 12/9/2008 SCANDIA m i n n e s o t a City of Scandia Capital Improvement Program 2009 — 2013 FOR CITY COUNCIL APPROVAL December 16, 2008 TABLE OF CONTENTS Introduction What is a CIP and Why Have One? 1 Scope of the Draft CIP 1 Funding Sources 2 CIP Overview Street Maintenance Program 3 Projects Recommended for Further Study by 2007 CIP 3 Equipment Replacement Fund 3 Project Priorities 5 Project Highlights by Department 5 CIP Summary Data Projects by Year, 2009 thru 2013 8 Projects & Funding Sources by Department, 2009 thru 2013 10 Projects by Funding Source, 2009 thru 2013 12 Projects & Funding Sources by Department, 2014 thru 2018 14 Projects & Funding Sources by Department, 2019 thru 2023 15 Projects & Funding Sources by Department, 2024 thru 2028 16 Pending Projects 17 Equipment Replacement All Equipment Replacements, 2009 thru 2028 18 Replacements by Department, 2009 thru 2018 19 Comparison of Funding Levels & Year End Balances, 2009 thru 2018 20 ii INTRODUCTION This Capital Improvement Program (CIP) for the five-year period of 2009 through 2013 is the second such document prepared by the new City of Scandia, and was prepared based on input from the Capital Improvements Committee appointed by the City Council. This CIP will be included in the Comprehensive Plan update to be submitted to the Metropolitan Council by December 31, 2008 to meet the requirements of the Metropolitan Land Planning Act. What is a CIP and why have one? A Capital Improvement Program, or CIP, is a multi-year(typically 5 years) capital expenditure plan for a City's infrastructure (such as streets, parks and utility systems), vehicles, equipment and public buildings. It identifies the major projects needed and desired by the community, their potential costs and how they would be financed. Including a project in a CIP does not commit the city to that project. The City Council must specifically authorize each one, and the associated funding,before any project may proceed. When the CIP is reviewed (ideally annually, in conjunction with the budgeting process) projects may go forward as planned, advance ahead of schedule, be removed entirely, or new projects may be added, depending upon changes in circumstances and priorities. The Minnesota Land Planning Act requires that the implementation plan portion of the Comprehensive Plan include a CIP for major infrastructure needs (transportation, wastewater, water supply, parks and open space) for a five-year time period. Cities often, however, expand the scope of their CIPs to include other capital needs (major equipment replacements, for example) and sometimes look beyond the five-year time period, up to 20 years in the future for some projects. Such projects represent more of a"wish-list"that can be evaluated each time the plan is updated. The primary benefit of a CIP is as a financial planning tool, to help the city plan for the impact of capital needs on future budgets and property taxes, and to help forecast the need for borrowing to undertake major projects. The information developed as part of the capital planning process can help document the need for various projects and help the City Council sort out competing priorities. Scope of the CIP The Capital Improvements Committee recommended that Scandia's CIP include all capital projects that cost at least $10,000 and have a useful life span of five years or longer. Projects include all capital needs including major repairs to buildings and equipment purchases and replacements. Any projects not meeting these parameters would be reviewed as part of the annual operating budget,but would not be included in the CIP. 1 Funding Sources The CIP identifies a possible funding source(s) for each project listed. The various funding sources are as follows: Capital Improvement Fund Existing City fund, primarily from property tax levy, set aside for capital projects. Debt Service Fund Projects financed by borrowing, later to be repaid with property taxes, and potentially special assessments depending upon the characteristics of the project. Equipment Replacement Fund Internal service fund used to segregate funds set aside for planned replacements of existing major equipment. Funds are transferred from operating budgets (primarily property tax revenues.) General Fund Annual operating budget,primarily funded by property tax revenues. Park Improvement Fund Existing City fund, receipts from cash-in-lieu of land park dedication fees paid by developers and others who subdivide their land. In addition to these sources, it is possible that future projects could be funded from donations, grants, user fees or other sources not listed. CIP OVERVIEW For 2009 through 2013, the CIP includes two dozen separate projects with a total estimated cost of over $6 million. All cost estimates are preliminary and based on current dollars. No assumptions have been made about inflation. It will be important to refine and update costs when the plan is reviewed, especially for projects in the first year or two of the plan. Some projects beyond the five year planning period (2014-2028) are also included in the CIP. Most of these projects are replacements for equipment and vehicles (such as fire trucks) which may have a life span of 10, 15 to 20 years or even more. The plan also includes a list of"pending"projects, for which a timeline (and in most cases, cost estimates) have not yet been identified. As more information is developed about the need for, cost and possible funding sources for these projects, they will be included in future CIP updates. Street Maintenance Program The 2007 CIP update identified the need for a pavement management plan to help the city monitor road conditions and better understand the type of projects and funding levels needed to maintain the investment that has been made in paved roads. This study was completed in 2008. The goal of the 2 plan is to extend the life of city streets and to reduce the lifecycle costs for maintaining them in good condition. The study recommended a significant increase in resources devoted to road maintenance. It will not be possible to increase funding in 2009 due to levy limits. The City will need to evaluate funding options when the CIP is updated again. It may be necessary to use debt financing, but new assessment policies for maintenance projects would be needed. Equipment Replacement Fund A major recommendation of the 2007 CIP was that the City should create a new Equipment Replacement Fund to set aside funds on an annual basis for planned replacement of vehicles and major pieces of operating equipment. The fund was created in late 2007. The fund receives transfers from the operating budget of each department depending on its equipment needs. This allows the departmental budgets for each major function to accurately show the costs of funding that function, including equipment, while segregating the funds from the operating budgets. Any revenues from the sale of old equipment being replaced are also deposited into the fund. Ideally, over time the fund would receive enough funds to be on a pay-as-you-go basis. At a minimum, accumulating funds for future replacement needs will reduce need for borrowing, and flatten spikes in the annual tax levy needed to pay for major purchases. Just as for other capital projects, the decision whether or not to replace a particular piece of equipment, and what to replace it with, will need to be made by the City Council at the time of the purchase. The City could decide to keep some equipment longer than planned. Or, equipment could wear out more quickly than expected. It is likely that some items will not be replaced, or that new technology or equipment could alter plans to replace a particular item. The initial purchase of new equipment will be considered as part of the annual operating budget, and once purchased, future replacements would be added to the schedule. In the 2007 the forecast was that in the first three years of the fund an average of about $120,000 per year would be needed to "break even." In order to fund the plan in later years, the funding level would need to increase to over$150,000 per year. Even so, the fund would be at a deficit and require the city to borrow some of the cost of new equipment. In 2008, the city budgeted $40,000 in transfers to the new fund. The fund balance at the end of 2008 is forecasted to be$49,732. Due to levy limits, transfers to the fund in 2009 will remain at the $40,000 level. The equipment replacement schedule was revised to delay some replacements to recognize the lack of funds. Most significantly, the expected 12-year life of a dump truck/plow ($140,000) has been extended to 15 years, and will be replaced in 2012 instead of 2009. The bars on the following chart show the projected fund balance levels at the end of each of the next ten years for three different levels of annual funding from 2010 onward: $40,000, $100,000 and $150,000. 3 Equipment Replacement Fund Year End Fund Balances 2009 - 2018 $400,000 ♦--- $200,000 — / N• 7, 4 .---: ,,, -$200,000 — 1 71 I II . , . _ , , , -$400,000 — fit, l.,. -$600,000 — -$800,000 — -$1,000,000 iiis$40K/Yr —$100K/Yr o$150K/Yr—.—Scheduled Replacements The chart data assumes the replacement schedule included in this CIP. It does not include any other revenues (such as revenue from the sale of old equipment.) It shows that even if the city could set aside $150,000 per year for equipment replacements, borrowing will be necessary to fund major equipment replacements in the later years of the plan. The city will need to carefully evaluate the risks of retaining equipment for longer periods of time, and may incur additional costs for major repairs as the equipment ages. Project Priorities Capital improvement projects should be prioritized in some way so that limited funding can be allocated to those which are most important. This is difficult because the varying nature of the projects and their benefits and objectives are so disparate as to be essentially not comparable. Some public agencies have developed elaborate rating and ranking systems to try to set priorities. Complicated scoring systems may have some disadvantages because they may give a false sense of objectivity or precision to the priority setting process. Others use simpler systems,or simply do not try to compare projects that are like"apples and oranges." There is no accepted system or"industry standard" for prioritizing projects. During the preparation of the 2007 CIP,there was not an effort to assign priority ratings to projects. For 2008,the Capital Improvement Committee developed the following priority rating system: 4 • A Critical or urgent,high-priority projects that should be done if at all possible; a special effort should be made to find sufficient funding for all of the projects in this group. B Very important, high-priority projects that should be done as funding becomes available. C Important and worthwhile projects to be considered if funding is available;may be deferred to a subsequent year. D Less important, low-priority projects; desirable but not essential. N/A Used for replacements of existing equipment. Project Highlights by Department Administration—A study of city meeting and office space needs was proposed for study in 2008, with funding for implementation to be determined later. This project has been deferred to 2010. Several pending projects (no date or cost estimate) are also listed (a community sign, improvements to the Annex, and City Hall expansion.) Community Center—this year several projects were added to recognize the eventual need for replacement of major building systems and improvements such as new flooring and an irrigation system (previously recommended for 2008 for the Community Center and Public Works/Fire Hall facilities, but not funded.) The only projects in the 2009-2013 time frame are replacement of flooring(2011) and the irrigation system (2013.) Fire—Most of the Fire Department projects are replacements of equipment and Fire Hall components (HVAC, roof, well pump, etc.) For 2009, a Fire Chief's vehicle is proposed, as is replacement of the village area civil defense siren. A possible second fire station has been added to the list of"pending"projects. Ice Rink—The Zamboni will need to be replaced at some time, currently listed for 2013. Parks and Recreation—Lilleskogen and Wind in the Pines Parks, the priority projects of the Park and Recreation Committee, are proposed for funding over the next several years. Availability of funds from the Park Capital Improvement Fund will be a major limiting factor. Requests for improvements to the lighted ball field have been added; renovation of the infield has been listed for 2011 and other improvements (restrooms, scoreboard, etc.) are listed in the"pending" list. No cost estimates have been prepared for either of these projects. The list of projects for 2013 and after includes two park projects: an athletic field and playground equipment,both at Hay Lake/ Lions Park. Other"pending" projects added in this year's update include, trail acquisition and development and playground replacements. A project to construct a new skateboard park (PR-005) has been added, as a "pending" project. In 5 the short term, the portable equipment used on the hockey rink will be replaced. (This project is smaller than the threshold for a CIP project and will be funded in the operating budget.) Public Works—Paving most of the remaining gravel roads is the largest single project in the CIP (PW-001, $1.775 million.) The plan shows that design would begin in 2010 with most construction in 2011. The next largest item is the street maintenance program (PW-002) to implement the Pavement Management Plan, as noted above. In 2008, the Committee had recommended a salt/sand shelter(PW-011.) This project was budgeted in 2008,but the Council decided to re-evaluate the project. It is now included in the CIP for 2010 at a higher cost of$60,000 to allow for a metal or wooden structure, instead of the fabric structure initially proposed. One new equipment purchase is proposed: asphalt patching equipment, which would allow city staff to make small road repairs without contracting the work. The remaining Public Works projects represent replacements for major pieces of equipment. Capital Improvement Program Summary and Project Data The following worksheets were prepared using Plan-It, a software tool purchased to assist with the capital improvements planning process. Many additional reports can be produced to display this information, if desired. Summary data sheets show the projects proposed in each year from 2009 through 2013, as well as by department and proposed funding source. 6 City of Scandia, Minnesota Capital Improvement Program 2009 thru 2013 PROJECTS BY YEAR Project Name Department Project# Priority Project Cost 2009 I Fire Chiefs Car Fire F-004 3 15,000 Upgrade Village Area Civil Defense Siren Fire F-017 2 23,000 Lilleskogen Park Improvements Parks and Recreation PR-001 2 40,000 Street Maintenance Program Public Works PW-002 1 204,000 John Deere Tractor Mower w/Broom&Blower Replace Public Works PW-005 n/a 25,000 Asphalt Patching Equipment Public Works PW-012 1 10,000 Total for 2009 317,000 2010 City Meeting/Office Space Study Administration A-001 3 18,000 Civil Defense Siren,Big Marine Lake Park Reserve Fire F-009 2 10,000 Rescue 5179 Replacement Fire F-010 n/a 220,000 Lilleskogen Park Improvements Parks and Recreation PR-001 2 143,075 Wind in the Pines Park Parks and Recreation PR-002 3 32,000 Street Paving Public Works PW-001 2 385,000 Street Maintenance Program Public Works PW-002 1 600,000 Tiger Ditch Rear Mower Replacement Public Works PW-007 n/a 17,000 Total for 2010 1,425,075 011 Community Center Interior Improvements—Flooring Community Center CC-001 3 10,000 Lilleskogen Park Improvements Parks and Recreation PR-001 2 47,500 Lighted Ball Field Improvements—Infield Parks and Recreation PR-007 3 0 Street Paving Public Works PW-001 2 1,390,000 Street Maintenance Program Public Works PW-002 1 600,000 Tiger Boom Mower Attachment Replacement Public Works PW-008 n/a 22,000 Salt/Sand Sheffer Public Works PW-011 2 60,000 Total for 2011 2,129,500 012 Fire Station HVAC Replacement Fire F-001 2 15,000 Tanker 5177 Replacement Fire F-011 n/a 180,000 Lilleskogen Park Improvements Parks and Recreation PR-001 2 36,000 Street Maintenance Program Public Works PW-002 1 600,000 1997 Ford 8000 Dump Truck w/Plow Replacement Public Works PW-006 n/a 140,000 Total for 2012 971,000 2013 I Irrigation System Community Center CC-004 4 10,000 Engine 5180 Replacement Fire F-012 n/a 245,000 Zamboni Replacement Ice Rink IR-002 n/a 40,000 Street Maintenance Program Public Works PW-002 1 600,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 Project Name Department Project# Priority Project Cost Ozark Ave.Extension Public Works PW-003 3 333,333 Total for 2013 1,228,333 GRAND TOTAL 6,070,908 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 9 City of Scandia, Minnesota Capital Improvement Program 2009 thin 2013 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2009 2010 2011 2012 2013 Total Administration111 City Meeting/Office Space Study A-001 3 18,000 18,000 Capital Improvement Fund 18,000 18,000 Administration Total 18,000 18,000 Community Center11 Community Center Interior Improvements-Flooring CC-001 3 10,000 10,000 General Fund 10,000 10,000 Irrigation System CC-004 4 10,000 10,000 General Fund 10,000 10,000 Community Center Total 10,000 10,000 20,000 Fire Fire Station HVAC Replacement F-001 2 15,000 15,000 General Fund 15,000 15,000 Fire Chiefs Car F-004 3 15,000 15,000 General Fund 5,000 5,000 Grants/Donations 10,000 10,000 Civil Defense Siren,Big Marine Lake Park Reserve F-009 2 10,000 10,000 Capital Improvement Fund 10,000 10,000 Rescue 5179 Replacement F-010 n/a 220,000 220,000 Equipment Replacement Fund 220,000 220,000 Tanker 5177 Replacement F-011 n/a 180,000 180,000 Equipment Replacement Fund 180,000 180,000 Engine 5180 Replacement F-012 n/a 245,000 245,000 Equipment Replacement Fund 245,000 245,000 Upgrade Village Area Civil Defense Siren F-017 2 23,000 23,000 Capital Improvement Fund 23,000 23,000 Fire Total 38,000 230,000 195,000 245,000 708,000 Ice Rink Zamboni Replacement IR-002 n/a 40,000 40,000 Equipment Replacement Fund 40,000 40,000 Ice Rink Total 40,000 40,000 Parks and Recreation Lilleskogen Park Improvements PR-001 2 40,000 143,075 47,500 36,000 266,575 Other/TBD 15,000 15,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 /O Department Project# Priority 2009 2010 2011 2012 2013 Total Park Improvement Fund 25,000 143,075 47,500 36,000 251,575 Wind in the Pines Park PR-002 3 32,000 32,000 Park Improvement Fund 31,000 32,000 Lighted Ball Field Improvements--Infield PR-007 3 0 0 Other/TBD 0 0 Parks and Recreation Total LL 40,000 175,075 47,500 36,000 298,575 Public Works Street Paving PW-001 2 385,000 1,390,000 1,775,000 Debt Service Fund 385,000 1,390,000 1,775,000 Street Maintenance Program PW-002 1 204,000 600,000 600,000 600,000 600,000 2,604,000 Debt Service Fund 0 360,000 350,000 350,000 350,000 1,410,000 General Fund 204,000 240,000 250,000 250,000 250,000 1,194,000 Ozark Ave.Extension PW-003 3 333,333 333,333 Capital Improvement Fund 333,333 333,333 John Deere Tractor Mower w/Broom&Blower Replace PW-005 n/a 25,000 25,000 Equipment Replacement Fund 25,000 25,000 1997 Ford 8000 Dump Truck w/Plow Replacement PW-006 n/a 140,000 140,000 Equipment Replacement Fund 140,000 140,000 Tiger Ditch Rear Mower Replacement PW-007 n/a 17,000 17,000 Equipment Replacement Fund 17,000 17,000 Tiger Boom Mower Attachment Replacement PW-008 n/a 22,000 22,000 Equipment Replacement Fund 22,000 22,000 Salt/Sand Shelter PW-011 2 60,000 60,000 Capital Improvement Fund 60,000 60,000 Asphalt Patching Equipment PW-012 1 10,000 10,000 General Fund 10,000 10,000 Public Works Total 239,000 1,002,000 2,072,000 740,000 933,333 4,986,333 GRAND TOTAL 317,000 1,425,075 2,129,500 971,000 1,228,333 6,070,908 For Adoption by the City Council/2/16/08 Wednesday,December 10,2008 1/ City of Scandia, Minnesota Capital Improvement Program 2009 thru 2013 PROJECTS BY FUNDING SOURCE Source Project# Priority 2009 2010 2011 2012 2013 Total Capital Improvement Fund City Meeting/Office Space Study A-001 3 18,000 18,000 Civil Defense Siren,Big Marine Lake Park Reserve F-009 2 10,000 10,000 Upgrade Village Area Civil Defense Siren F-017 2 23,000 23,000 Ozark Ave.Extension PW-003 3 333,333 333,333 Salt/Sand Shelter PW-011 2 60,000 60,000 Capital Improvement Fund Total 23,000 28,000 60,000 333,333 444,333 Debt Service Fund I Street Paving PW-001 2 385,000 1,390,000 1,775,000 Street Maintenance Program PW-002 1 0 360,000 350,000 350,000 350,000 1,410,000 Debt Service Fund Total 0 745,000 1,740,000 350,000 350,000 3,185,000 Equipment Replacement Fund11 Rescue 5179 Replacement F-010 n/a 220,000 220,000 Tanker 5177 Replacement F-011 n/a 180,000 180,000 Engine 5180 Replacement F-012 n/a 245,000 245,000 Zamboni Replacement IR-002 n/a 40,000 40,000 John Deere Tractor Mower w/Broom&Blower Replace PW-005 n/a 25,000 25,000 1997 Ford 8000 Dump Truck w/Plow Replacement PW-006 Na 140,000 140,000 Tiger Ditch Rear Mower Replacement PW-007 n/a 17,000 17,000 Tiger Boom Mower Attachment Replacement PW-008 Na 22,000 22,000 Equipment Replacement Fund Total 25,000 237,000 22,000 320,000 285,000 889,000 General Fund r Community Center Interior Improvements--Flooring CC-001 3 10,000 10,000 Irrigation System CC-004 4 10,000 10,000 Fire Station HVAC Replacement F-001 2 15,000 15,000 Fire Chiefs Car F-004 3 5,000 5,000 Street Maintenance Program PW-002 1 204,000 240,000 250,000 250,000 250,000 1,194,000 Asphalt Patching Equipment PW-012 1 10,000 10,000 General Fund Total 219,000 240,000 260,000 265,000 260,000 1,244,000 Grants/Donations Fire Chiefs Car F-004 3 10,000 10,000 Grants/Donations Total 10,000 10,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 / Source Project# Priority 2009 2010 2011 2012 2013 Total Other!TBD Lilleskogen Park Improvements PR-001 2 15,000 15.000 Lighted Ball Field Improvements—Infield PR-007 3 0 0 Other/TBD Total 15,000 0 15,000 Park Improvement Fund 1 Lilleskogen Park Improvements PR-001 2 25,000 143,075 47,500 36,000 251,575 Wind in the Pines Park PR-002 3 32,000 32,000 Park Improvement Fund Total 25,000 175,075 47,500 36,000 283,575 GRAND TOTAL 317,000 1,425,075 2,129,500 971,000 1,228,333 6,070,908 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 /3 City of Scandia, Minnesota Capital Improvement Program 2014 thru 2018 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2014 2015 2016 2017 2018 Total Administration Building Official Vehicle Replacement A-002 n/a 15,000 15,000 Equipment Replacement Fund 15,000 15,000 Administration Total 15,000 15,000 Fire i Fire Department Radio Replacement F-003 1 60,000 60,000 Equipment Replacement Fund 60,000 60,000 Fire Chiefs Car F-004 3 15,000 15,000 Equip ment Replacement Fund 15,000 15,000 SCBA Cylinder Replacements F-005 1 20,000 20,000 Equipment Replacement Fund 20,000 20,000 Grass Rig 5175 Replacement F-013 n/a 46,200 46,200 Equipment Replacement Fund 46,200 46,200 Fire Total 20,000 46,200 15,000 60,000 141,200 Public Works 1 Street Maintenance Program PW-002 1 600,000 600,000 Debt Service Fund 350,000 350,000 General Fund 250,000 250,000 Pickup w/Plow Replacement PW-004 n/a 25,000 25,000 Equipment Replacement Fund 25,000 25,000 John Deere Tractor Mower w/Broom&Blower Replace PW-005 n/a 25,000 25,000 Equipment Replacement Fund 25,000 25,000 Tiger Ditch Rear Mower Replacement PW-007 n/a 17,000 17,000 Equipment Replacement Fund 17,000 17,000 Tiger Boom Mower Attachment Replacement PW-008 n/a 22,000 22,000 Equipment Replacement Fund 22,000 22,000 1999 JD-6410 Tractor Replacement PW-009 n/a 60,000 60,000 Equipment Replacement Fund 60,000 60,000 2002 Sterling Dump Truck w/Plow Replacement PW-010 n/a 140,000 140,000 Equipment Replacement Fund 140,000 140,000 Public Works Total 800,000 25,000 22,000 42,000 889,000 GRAND TOTAL 835,000 71,200 15,000 22,000 102,000 1,045,200 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 /4/ City of Scandia, Minnesota Capital Improvement Program 2019 thru 2023 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2019 2020 2021 2022 2023 Total Administration 1 Building Official Vehicle Replacement A-002 n/a 15,000 15,000 Equipment Replacement Fund 15,000 15,000 Administration Total 15,000 15,000 Community Center 11 Community Center HVAC Replacement CC-002 2 30,000 30,000 General Fund 30,000 30,000 Community Center Roof Replacement CC-003 2 30,000 30,000 General Fund 30,000 30,000 Community Center Total 30,000 30,000 60,000 FireII Replacement of Fire Dept.Air Compressor F-002 1 30,000 30,000 Equipment Replacement Fund 30,000 30,000 Fire Chiefs Car F-004 3 15,000 15,000 Equipment Replacement Fund 15,000 15,000 SCBA Cylinder Replacements F-005 1 20,000 20,000 Equipment Replacement Fund 20,000 20,000 SCBA Air Pac Replacements F-006 1 60,000 60,000 Equipment Replacement Fund 60,000 60,000 Fire Hall Roof F-007 2 80,000 80,000 General Fund 80,000 80,000 Fire Well Pump Replacement F-008 2 30,000 30,000 Equipment Replacement Fund 30,000 30,000 Tanker 5178 Replacement F-014 n/a 132,000 132,000 Equipment Replacement Fund 132,000 132,000 File Total 110,000 50,000 60,000 147,000 367,000 Public Works John Deere Tractor Mower w/Broom&Blower Replace PW-005 n/a 25,000 25,000 Equipment Replacement Fund 25,000 25,000 Tiger Boom Mower Attachment Replacement PW-008 n/a 22,000 22,000 Equipment Replacement Fund 22,000 22,000 Public Works Total 25,000 22,000 47,000 GRAND TOTAL 30,000 125,000 75,000 90,000 169,000 489,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 / • City of Scandia, Minnesota Capital Improvement Program 2024 tin-u 2028 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2024 2025 2026 2027 2028 Total Administration 1 Building Official Vehicle Replacement A-002 n/a 15,000 15,000 Equipment Replacement Fund 15,000 15,000 Administration Total 15,000 15,000 Fire Engine 5176 Replacement F-015 n/a 290,000 290,000 Equipment Replacement Fund 290,000 290,000 Fite Total 290,000 290,000 Public Works 1 Pickup w/Plow Replacement PW-004 n/a 25,000 25,000 Equipment Replacement Fund 25,000 25,000 1997 Ford 8000 Dump Truck w/Plow Replacement PW-006 n/a 140,000 140,000 Equipment Replacement Fund 140,000 140,000 Public Works Total 140,000 25,000 165,000 GRAND TOTAL 140,000 290,000 15,000 25,000 470,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 /& City of Scandia, Minnesota Capital Improvement Program PENDING PROJECTS (Includes projects with a'Status'set to'Pending') Project Name Department Project# Priority Project Cost Pending Community Sign Administration A-004 4 0 Annex(Old Fire Hall)Improvements Administration A-003 4 0 Communty Center Expansion/City Hall Administration A-005 3 0 Pending Fire Chiefs Car Replacements Fire F-004B n/a 20,000 Second Fire Station Fire F-016 3 0 Pending Hay Lake/Lions Park Athletic Field Parks and Recreation PR-003 4 39,000 Playground Equipment Hay Lake/Lions Shelter Parks and Recreation PR-004 4 25,000 Skateboard Park Parks and Recreation PR-005 2 45,000 Trail Acquisition and Development Parks and Recreation PR-006 3 0 Lighted Ball Field Improvements Parks and Recreation PR-008 4 0 Playground Equipment Replacement-Community Center Parks and Recreation PR-009 n/a 25,000 Playground Equipment Replacement-Ballfield Parks and Recreation PR-010 n/a 25,000 GRAND TOTAL 179,000 For Adoption by the City Council 12/16/08 Wednesday,December 10,2008 ,i 1 Equipment Replacement Fund 2009 - 2028 All Equipment Replacements Project Year Useful Cost Department # Description Purchased Life Year Estimate Administration A-002 Building Official Vehicle 2008 6 2014 $15,000 Administration A-002 Building Official Vehicle 2013 6 2020 $15,000 Administration A-002 Building Official Vehicle 2018 6 2026 $15,000 Fire F-010 Rescue 5179 1990 20 2010 $220,000 Fire F-011 Tanker 5177 1992 20 2012 $180,000 Fire F-012 Engine 5180 1988 25 2013 $245,000 Fire F-005 SCBA Cylinders 2007 7 2014 $20,000 Fire F-013 Grass Rig 5175 1995 20 2015 $46,200 Fire F-004 Fire Chief's Car 2009 7 2016 $15,000 Fire F-003 Fire Department Radios 2007 10 2018 $60,000 Fire F-008 Well Replacement 2000 20 2020 $30,000 Fire F-002 Air Compressor 2001 20 2021 $30,000 Fire F-005 SCBA Cylinders 2014 7 2021 $20,000 Fire F-006 SCBA Air Pacs 2007 15 2022 $60,000 Fire F-004 Fire Chief's Car 2016 7 2023 $15,000 Fire F-014 Tanker 5178 2003 20 2023 $132,000 Fire F-015 Engine 5176 2000 25 2025 $290,000 Ice Rink IR-2 Zamboni Replacement 25 2013 $40,000 Public Works PW-005 John Deere Tractor Mower w/Broom & Blower 2002 7 2009 $25,000 Public Works PW-007 Tiger Ditch Rear Mower 2002 8 2010 $17,000 Public Works PW-008 Tiger Boom Mower Attachment 2005 6 2011 $22,000 Public Works PW-006 1997 Ford 8000 Dump Truck w/Plow 1997 12 2012 $140,000 Public Works PW-009 1999 JD-6410 Tractor 1999 15 2014 $60,000 Public Works PW-010 2002 Sterling Dump Truck w/Plow 2002 12 2014 $140,000 Public Works PW-005 John Deere Tractor Mower w/Broom & Blower 2009 7 2015 $25,000 Public Works PW-008 Tiger Boom Mower Attachment 2011 6 2017 $22,000 Public Works PW-004 F350 Pickup w/Plow 2008 10 2018 $25,000 Public Works PW-007 Tiger Ditch Rear Mower 2010 8 2018 $17,000 Public Works PW-005 John Deere Tractor Mower w/Broom & Blower 2015 7 2021 $25,000 Public Works PW-008 Tiger Boom Mower Attachment 2017 6 2023 $22,000 Public Works PW-006 1997 Ford 8000 Dump Truck w/Plow 2012 12 2024 $140,000 Public Works PW-004 F350 Pickup w/Plow 2018 10 2028 $25,000 Public Works 1998 John Deere Grader 1998 20 Do Not Replace Public Works 1995 GMC Pickup w/ Plow 1998 10 Do Not Replace $2,153,200 Equipment Replacement Fund 2009 - 2018 Replacements by Department Administration/ Year Building Fire Parks/ Ice Rink Public Works Grand Total 2009 25,000 $25,000 2010 220,000 17,000 $237,000 2011 22,000 $22,000 2012 180,000 140,000 $320,000 2013 245,000 40,000 $285,000 2014 15,000 20,000 200,000 $235,000 2015 46,200 25,000 $71,200 2016 15,000 $15,000 2017 22,000 $22,000 2018 60,000 42,000 $102,000 $15,000 $786,200 $40,000 $493,000 $1,334,200 1.12% 58.93% 3.00% 36.95% 100.00% Replacements by Department 2009 - 2018 Administration/ Building 1% Public Works 37% Fire Parks/ Ice Rink 59% 3% l/ Equipment Replacement Fund 2009 - 2018 Annual Funding Level 2010&After Scheduled Year Replacements $40K/Yr $100K/Yr $150K/Yr 2009 $25,000 $64,732 $64,732 $64,732 2010 $237,000 -$132,268 -$72,268 -$22,268 2011 $22,000 -$114,268 $5,732 $105,732 2012 $320,000 -$394,268 -$214,268 -$64,268 2013 $285,000 -$639,268 -$399,268 -$199,268 2014 $235,000 -$834,268 -$534,268 -$284,268 2015 $71,200 -$865,468 -$505,468 -$205,468 2016 $15,000 -$840,468 -$420,468 -$70,468 2017 $22,000 -$822,468 -$342,468 $57,532 2018 $102,000 -$884,468 -$344,468 $105,532 Equipment Replacement Fund Year End Fund Balances 2009 - 2018 $400,000 .._. • $200,000 0 rdi 21 ---- ,. ..= $_ _,,,.. \ • O r. F C R # O O O - O g N N N r...> N e�s4 ,, -$400,000 - -$600,000 -$800,000 -$1,000,000 IEEE$40K/Yr =El$100K/Yr I=$150K/Yr-.-Scheduled Replacements O 2008 Residential Homestead Property Tax Profile: Twin Cities Metropolitan Area Scandia Washington County School District 0831 2007-08 2007 2008 Change Effective tax rate The Citizens League rank/totals property taxes on homeowners by the effective tax rate on a community's average value home. Effective tax rate is the percent of a home's market value that is paid in property taxes. (Effective tax rate =Property tax/ market value)' Final effective tax rate(rank/total) 0.777%(#114/117) 0.844%(#106/117) 0.0662%(#16/117) Effective tax rate before state credits (rank/total) 0.793%(#114/117) 0.855%(#109/117) Market value Average market value home(rank/total) $353,247(#28/117) $366,273 (#28/117) $13,026 (#40/117) Percent market value increase(rank/total) 3.7%(#49/117) Property taxes on an average value home Final property taxes $2,746 $3,090 Property taxes before state credits $2,801 $3,132 Property tax change in dollars (rank/total) $344 (#12/117) Property tax change percent(rank/total) 12.5% (#8/117) Property taxes by level of government Total school taxes(rank/total) $964 (#57/61) $1,058 (#54/62) $95 Total city taxes (rank/total) $848 (#89/117) $919 (#85/117) $71 Total county taxes(rank/total) $907 (#22/25) $950 (#23/27) $43 Total special district taxes(rank/total) $82 (#78/78) $205 (#53/81) $123 Market value levies Market value levies are typically voter-approved taxes, most often for school operations. Market value levies have a greater impact on homeowners than other property taxes, because they are applied to homes at the same rate as commercial and rental properties. School market value taxes $529 $504 $-25 City market value taxes $0 $0 $0 County market value taxes $0 $0 $0 Total market value levy rank/total #38/71 #52/74 PROPERTY TAX BASE C/I, Resort Other and Utility 0 8% 2.1% Non- Residential Agriculture Homestead 16.5% and Apartment 11.0% I Residential ' Homestead 1* Citizens � 69.7% League November 2008 Common ground.Common good. _" Meeting Date: 12/16/2008 Agenda Item: A ) G , City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: None—information only. Deadline/ Timeline: N/A Background: • Monthly reports on calls and citations issued are received from the Washington County Sheriffs office. • Deputy Chris Majeski will be present at the City Council Meeting to answer any questions that the Council may have concerning police protection for the City. Recommendation: N/A Attachments/ • Citations by city report, 11/1/08 to 11/30/08 Materials provided: • Contract ICR's report, 11/1/08 to 11/30/08 Contact(s): Prepared by: Anne Hurlburt, Administrator (sheriff report) Page 1 of 1 12/01/08 11-08 ALCOPFR$ (15) PF Citations by City Rpt QIJS Page 1 12/01/08 5:26:57 Washington County Sheriff's Office CITATIONS BY CITY REPORT City Selected: SCANDIA From Date: 11/01/2008 To: 11/30/2008 SCANDIA Offense Offense Location Citation# Date Time 11/03/2008 1647 LOFTON AV/207TH ST 821008887 Statute 169 14 2A SPEED 64/55 11/03/2008 0529 12100 BLK HWY 97 821019201 Statute 169 14 2A SPEED 70/55 11/03/2008 0547 12100 BLK HWY 97 821019202 Statute 169 18 5B3 PASS IN NO PASSING ZONE 11/04/2008 0537 12100 BLK HWY 97 821019203 Statute 169 14 2A SPEED 73/55 11/04/2008 0557 12100 BLK HWY 97 821019204 Statute 169 14 2A SPEED 70/55 11/09/2008 1735 13500 BLK SCANDIA TR 821008688 Statute 169 14 2A SPEED 67/55 11/09/2008 1745 OAKHILL RD /SCANDIA TR 821008689 Statute 169 18 4 PASS ON RIGHT 11/13/2008 0118 HWY 97 / LOFTON AV Page 1 11-08 ALCOPFR$ (15) 821019206 Statute 169 79 1 FDCR 11/16/2008 1925 LOFTON AV/228TH ST 821018982 Statute 169 14 2A SPEED 65/55 11/17/2008 0606 SCANDIA TR/12100 BLK 821019207 Statute 169 14 2A SPEED 72/55 11/17/2008 0623 SCANDIA TR/12100 BLK 821019208 Statute 169 18 5(B)(3) PASS IN NO PASS ZONE 11/19/2008 0756 SCANDIA TR/LOFTON AV 821008888 Statute 169 14 2A SPEED 71/55 11/19/2008 0823 SCANDIA TR/ NEWBERRY 821008889 Statute 169 14 2A SPEED 64/55 11/24/2008 0526 12100 BLK/HWY 97 821019211 Statute 169 14 2A SPEED 70/55 11/24/2008 0543 HWY 97/12100 BLK 821019212 Statute 169 14 2A SPEED 70/55 Total for City: SCANDIA 15 PF Citations by City Rpt QIJS Page 2 12/01/08 5:26:57 Washington County Sheriffs Office CITATIONS BY CITY REPORT City Selected: SCANDIA From Date: 11/01/2008 To: 11/30/2008 ** END OF REPORT ** Page 2 11-08-CJBWPFR$ (15) PRT CONTRACT ICR REPORT QIJS Page 1 12/01/08 5:26:57 Washington County Sheriffs Office CONTRACT ICR's Contract Report for SCANDIA For the Period 11/01/08 To 11/30/08 Date Time ICR # ID# Street Name Complaint 11/01/08 3:40:10 108035609 0136 180TH ST VERBAL DISPUTE 11/01/08 21:24:02 108035671 0159 MANNING TR SUSPICIOUS VEHICLE/3RD PARTY 11/01/08 22:06:00 108035676 0159 SCANDIA TR W/W BROKEN TAIL LIGHT 11/02/08 7:28:19 108035695 0110 OAKHILL RD ALARM 11/02/08 8:09:22 108035696 0110 196TH ST MISSING BOAT REPORT 11/02/08 8:57:27 108035699 0110 MANNING TR INJURED DEER 11/02/08 16:56:04 108035740 0149 182ND ST FOUND PROPERTY 11/02/08 19:51:01 108035755 0149 OAKHILL RD VANDALISM REPORT 11/02/08 21:05:19 108035759 0149 OLINDA TR FIRE 11/03/08 5:29:41 108035774 0173 SCANDIA TR TRAFFIC CIT-SPEED 70/55 11/03/08 5:49:04 108035775 01 73 SCANDIA TR TRAFFIC CIT-PASSING IN NO PASS 11/03/08 8:40:22 108035787 0110 MAXWILL AV DUMPING COMPLAINT 11/03/08 9:22:53 108035795 0190 OLDFIELD AV ATTEMPTED THEFT JUST OCCURED 11/03/08 14:40:45 108035858 0100 213TH ST OFFICERS INFO 11/03/08 16:48:32 108035875 0190 LOFTON AV CITE SPEED 11/03/08 17:03:06 108035877 0149 ST CROIX TR AOA-- PURSUIT/FELONY FLEE/FEL 11/03/08 17:03:06 108411098 0100 ST CROIX TR AOA-- Page 1 11-08-CJBWPFR$ (15) PURSUIT 11/04/08 3:43:52 108035920 0173 OAKHILL CT MEDICAL ALARM 11/04/08 5:38:39 108035922 0173 SCANDIA TR TRAFFIC CIT-SPEED 73/55 11/04/08 5:58:00 108035923 0173 SCANDIA TR TRAFFIC CIT-SPEED 70/55 11/04/08 8:24:08 108035937 0175 OLINDA TR DISPATCH INJURED DEER ***S 11/04/08 16:07:38 108036007 0190 MANNING TR PURSUIT/RECOVERED STOLEN PROPE 11/04/08 16:41:58 108036011 0149 HWY 97 CHECK AREA 11/04/08 18:12:32 108036021 0190 ST CROIX TR FIRE 11/04/08 20:30:29 108036028 0190 230TH ST W/W LOUD EXHAUST 11/04/08 22:05:00 108036033 0149 218TH ST 911 ABANDON 11/05/08 7:30:19 108036047 0190 220TH ST W/W SPEED 11/05/08 8:48:03 108036056 1291 OAKHILL RD RENEWAL OF LIQUOR LICENSE 11/05/08 8:49:52 108036057 1291 OZARK AV APPLICATION FOR TOBACCO SALES 11/05/08 12:22:03 108036087 0190 OLDFIELD AV VEH LOCKOUT 11/05/08 13:15:33 108036102 0190 OLINDA TR VARDA #3 ALARM 11/05/08 14:49:56 108036124 0190 MANNING TR ATV VIOLATION 11/05/08 18:27:57 108036157 0111 OLINDA TR 911 HANG UP 11/05/08 19:51:27 108036162 0111 202ND ST ALARM 11/05/08 23:40:28 108036170 0136 MANNING TR ASSIST/DOMESTIC 11/06/08 0:07:43 108036171 0136 MANNING TR SUSP ACTIVITY 11/06/08 8:02:15 108036181 0175 LOFTON AV VEH IN Page 2 11-08-CJBWPFR$ (15) THE DITCH 11/06/08 9:13:31 108036189 0190 MANNING TR W/W NO HEADLIGHTS DURING INCLI 11/06/08 14:04:37 108036246 OLGILVIE AV RECEIPT# 080001554 11/06/08 15:09:44 108036257 0190 OAKHILL RD AUTOMATED CITATION-SPEED 41/30 11/06/08 18:05:22 108036285 0190 MANNING TR CAR VS DEER 11/06/08 21:40:30 108036303 0165 220TH ST SUSP PERSON 11/06/08 22:32:18 108036307 0165 OAKHILL LN CHECK THE AREA 11/07/08 8:02:00 108036316 1291 OAKHILL RD APPLICATION FOR TOBACCO PRODUC 11/07/08 13:50:47 108036371 0158 205TH ST DUMPING COMPLAINT 11/07/08 14:33:32 108036374 0114 SCANDIA TR ASSIST 11/07/08 19:09:03 108036411 0190 SCANDIA TR DK DRIVER 11/07/08 20:18:04 108036417 0100 OAKHILL RD DOG AT LARGE COMPLAINT 11/07/08 21:00:47 108036421 0190 SCANDIA TR AUTOMATED CITE SPEED-71/55 11/07/08 22:03:20 108036423 0190 LOFTON AV AUTOMATED WARNING-LOUD EXHAUST 11/08/08 0:49:46 108036428 0190 OLINDA TR AUTOMATED WAN HEADLIGHT-INS RE 11/08/08 2:09:31 108036432 0191 197TH ST HOME INTRUDER PRT CONTRACT ICR REPORT QIJS Page 2 12/01/08 5:26:57 Washington County Sheriffs Office CONTRACT ICR's Contract Report for SCANDIA For the Period 11/01/08 To 11/30/08 Date Time ICR# ID# Street Name Complaint Page 3 11-08-CJBWPFR$ (15) 11/08/08 2:09:31 108411230 0100 197TH ST AOA/HOME INTRUDER 11/08/08 17:26:41 108036494 0100 OLINDA TR DK DRIVER 11/08/08 18:53:57 108036499 0158 195TH ST ALARM 11/09/08 8:08:24 108036519 0175 MEADOWBROOK AV SUSPICIOUS ACTIVITY 11/09/08 17:34:28 108036560 0159 SCANDIA TR SPEED 67/55 CIT#821-008688 11/09/08 17:47:27 108036561 0159 SCANDIA TR PASS ON RIGHT CIT#821-008689 11/09/08 21:16:49 108036571 0147 228TH ST CONDITIONAL RELEASE VIOLATION 11/10/08 2:49:32 108036584 0136 PILAR RD MEDICAL/POSS DEATH 11/10/08 11:20:27 108036606 0190 205TH ST ANIMAL CONCERN 11/10/08 15:32:44 108036644 0190 SCANDIA TR AUTOMATED CITE-SPEED 71/55 11/10/08 17:35:07 108036659 0158 SCANDIA TR 911 CALL 11/11/08 15:32:03 108036729 0190 ST CROIX TR AUTOMATED CITE-SPEED 70/55 11/11/08 16:56:51 108036735 0100 OLINDA TR DRIVING COMPLAINT 11/11/08 22:23:00 108036755 0149 228TH ST CONDITIONAL RELEASE 11/12/08 1:35:16 108036761 0173 205TH ST MEDICAL 11/12/08 2:07:35 108036762 0173 OLINDA TR AOA 11/12/08 11:46:06 108036796 0190 OAKHILL RD AUTOMATED W/W SPEED 11/12/08 13:35:08 108036809 0190 OAKHILL RD CITE SPEED 49/30 11/12/08 16:14:19 108036822 0149 LOFTON AV VERBAL DISPUTE 11/12/08 21:12:14 108036852 0149 ST CROIX TR TREE IN ROAD 11/12/08 23:45:10 108036861 0173 OLINDA TR AUD Page 4 11-08-CJBWPFR$ (15) ALARM 11/13/08 1:04:44 108036864 0173 209TH ST CRIME PREVENTION-OPEN GARAGE D 11/13/08 1:17:44 108036866 0173 SCANDIA TR TRAFFIC CIT-FDCR 11/13/08 15:07:41 108036927 0181 LAYTON AV FINANCIAL EXPLOITATION OF A VU 11/13/08 23:19:30 108036975 0136 LOFTON AV CAR VS DEER 11/14/08 5:10:45 108036980 0136 220TH ST XP-SPEED 11/14/08 7:11:50 108036983 0175 LAKAMAGA TR LOOSE HORSE 11/14/08 13:21:23 108037045 0175 MEADOWBROOK AV LOST DOG INFORMATION 11/14/08 18:14:34 108037074 0158 MANNING TR FOUND DRUGS 11/14/08 20:40:04 108037087 0190 ST CROIX TR AUTOMATED CITE-SPEED 11/15/08 0:43:20 108037102 0190 SCANDIA TR CAR VS DEER 11/15/08 9:14:21 108037116 0175 228TH ST CONDITIONAL RELEASE VIOLATION 11/15/08 17:48:06 108037148 0158 OLINDA TR INJURED DEER 11/15/08 17:50:24 108037149 0158 SCANDIA TR CAR VS DEER 11/15/08 21:45:05 108037163 0158 OLINDA TR CAR VS DEER/3RD PARTY 11/16/08 0:21:41 108037172 0136 ST CROIX TR INS REQ FORM 11/16/08 19:31:20 108037222 0158 LOFTON AV TRAFFIC/SPEED CITE 11/17/08 2:46:16 108037242 0173 ST CRIOX TR DK DRIVER 11/17/08 6:07:29 108037247 0173 SCANDIA TR TRAFFIC CIT-SPEED 72/55 11/17/08 6:25:50 108037249 0173 SCANDIA TR TRAFFIC CIT-SPEED 73/55,PASSIN Page 5 11-08-CJBWPFR$ (15) 11/17/08 9:51:52 108037276 0190 SCANDIA TR 911 HANG UP 11/17/08 14:21:32 108037304 0190 223RD ST SUS VEH "21 REQUEST 11/17/08 15:00:23 108037315 0190 MAYBERRY TR CHECK FRAUD 11/18/08 7:20:47 108037358 0154 MAYBERRY TR INFORMATIONAL 11/18/08 8:14:58 108037360 1291 MANNING TR RENEWAL OF LIQUOR LICENSE 11/18/08 15:50:55 108037430 0190 MANNING AV DRIVING COMP 11/18/08 17:43:03 108037444 0153 OBRIEN TR YOUTH SNOWMOBILE SAFETY TRAINI 11/18/08 20:24:57 108037458 0190 209TH ST CITY COUNCIL MEETING 11/18/08 20:55:54 108037460 0190 SCANDIA TR DRIVING COMPLAINT 11/19/08 7:52:49 108037479 0110 MANNING TR GAS DRIVE OFF 11/19/08 7:58:00 108037481 0190 SCANDIA TR CITE SPEED 71-55/INS REQ FORM 11/19/08 8:24:21 108037483 0190 SCANDIA TR CITE SPEED PRT CONTRACT ICR REPORT QIJS Page 3 12/01/08 5:26:57 Washington County Sheriffs Office CONTRACT ICR's Contract Report for SCANDIA For the Period 11/01/08 To 11/30/08 Date Time ICR# ID# Street Name Complaint 11/19/08 8:36:43 108037485 1291 MANNING TR APPLICATION FOR TOBACCO PRODUC 11/19/08 8:38:23 108037486 1291 SCANDIA TR APPLICATION FOR TOBACCO PRODUC 11/19/08 11:12:40 108037502 0110 MANNING LN THEFT REPORT Page 6 11-08-CJBWPFR$ (15) 11/19/08 18:08:20 108037555 0184 228TH ST CONDITIONAL RELEASE VIOLATION 11/20/08 10:02:54 108037626 0100 QUARRY AV OFFICERS INFO 11/20/08 10:57:48 108037633 0190 SCANDIA TR LOCKDOWN DRILL 11/20/08 13:09:16 108037658 0175 SCANDIA POSS STOLEN PROPERTY 11/21/08 8:21:26 108037716 0190 LOFTON AV AUTOMATED CITE-NO INS/FALSELY 11/21/08 13:09:03 108037760 0186 230TH ST EXECUTION OF SEARCH WARRANT 11/21/08 15:04:25 108037788 0190 SCANDIA TR W/W SPEED 11/21/08 15:21:11 108037789 0190 LOFTON AV W/W SPEED 11/21/08 16:49:23 108037798 0170 NEWBERRY CT MEDICAL 11/22/08 10:48:24 108037843 0114 MANNING TR PROPERTY DAMAGE REPORT 11/22/08 11:57:31 108037850 0100 MELANIE TR DEAD DEER 11/22/08 12:59:10 108037853 0114 SCANDIA TR FOUND DOG 11/22/08 13:34:02 108037854 0114 209TH ST MEDICAL 11/23/08 17:28:00 108037930 0100 MANNING AV DK DRIVER PER 124, ASSIGN T 11/23/08 17:28:00 108411721 MANNING AV DK DRIVER A/O/A 11/24/08 5:27:48 108037961 0173 SCANDIA TR TRAFFIC CIT-SPEED 70/55,PASSIN 11/24/08 5:44:11 108037963 0173 SCANDIA TR TRAFFIC CIT-SPEED 70/55 11/24/08 7:30:37 108037968 0154 MANNING TR 911 CALL 11/24/08 7:50:17 108037970 0154 SCANDIA TR PANIC ALARM *CANCEL AFTER 11/24/08 11:12:04 108037998 0190 ST CROIX TR Page 7 11-08-CJBWPFR$ (15) AUTOMATED CITE-SPEED 68/55 11/24/08 14:18:39 108038015 0100 OLINDA TR OFFICERS INFO 11/24/08 15:50:06 108038028 0190 MANNING TR AUTOMATED CITE-NO INS/FALSELY 11/24/08 18:50:47 108038043 0147 OLINDA TR ALARM 11/25/08 15:58:58 108038138 0159 LAKAMAGA TR NOISE COMPLAINT 11/25/08 17:33:05 108038147 0159 OZARK AV PROPERTY DAMAGE REPORT 11/26/08 11:16:51 108038194 0110 OLINDA TR AUD ALARM **CAN 11/26/08 13:41:54 108038217 0100 PENFIELD AV OFFICER INFORMATION 11/26/08 14:16:08 108038237 0110 OLINDA LN 911 CALL 11/26/08 15:55:16 108038252 0158 OLINDA TR AUD ALARM 11/26/08 18:39:47 108038275 0158 OZARK AV ALARM 11/26/08 21:35:47 108038283 0190 SCANDIA TR AUTOMATED CITE-SPEED 70/55 11/26/08 23:36:39 108038290 0190 OLINDA TR AUTOMATED CITE SPEED 51/30 11/27/08 1:56:08 108038297 0193 OZARK AV ALARM 11/27/08 2:23:42 108038301 0190 205TH ST WARRANT ARREST 11/27/08 3:12:02 108038306 0190 SCANDIA TR CHECK THE WELFARE 11/27/08 10:05:27 108038322 0154 OAKHILL RD WELFARE CONCERN 11/27/08 12:28:21 108038334 0154 NOVAK AV ALARM 11/27/08 19:25:56 108038352 0149 ST CROIX TR CITE #821010988 SPEED 74/55 MP 11/28/08 2:37:37 108038357 0173 MANNING TR SQD DAMAGE 3702 11/28/08 17:03:02 108038426 0170 SCANDIA TR W/W #104144 SPEED 11/28/08 18:33:58 108038434 0170 OLINDA TR ALARM 11/28/08 19:35:05 108038441 0170 228TH ST REACT PROGRAM VIOLATION Page 8 11-08-CJBWPFR$ (15) 11/28/08 21:30:47 108038450 0190 MAYBERRY TR W/W HEADLIGHT 11/28/08 21:42:16 108038452 0190 215TH ST CT DOMESTIC 11/28/08 23:59:09 108038460 0190 191ST ST W/W EXPIRED VEH REG 11/29/08 0:33:49 108038462 0190 SCANDIA TR W/W SPEED 11/29/08 3:28:50 108038466 0190 ODELL AV AUTOMATED CITE-EXPIRED VEH REG 11/29/08 11:34:57 108038486 0135 NEWGATE AV VANDALISM REPORT-EXTRA PATROL 11/29/08 11:56:58 108038487 0135 MEADOWBROOK AV BURNING COMPLAINT PRT CONTRACT ICR REPORT QIJS Page 4 12/01/08 5:26:57 Washington County Sheriffs Office CONTRACT ICR's Contract Report for SCANDIA For the Period 11/01/08 To 11/30/08 Date Time ICR# ID# Street Name Complaint 11/29/08 17:21:26 108038516 0170 MAXWILL AV BURNING COMPLAINT 11/29/08 19:55:01 108038524 0100 MANNING TR 911 HANG UP 11/29/08 21:07:44 108038529 0117 MANNING TR DOMESTIC 11/29/08 22:43:15 108038536 0136 MANNING TR THREATS/UNWANTED FEMALE RE 11/30/08 9:54:32 108038558 0117 OLINDA TR INTRUSION ALARM 11/30/08 12:29:44 108038567 0117 OLINDA TR AUD ALARM 11/30/08 13:56:06 108038577 0117 OLINDA TR AUD ALARM 11/30/08 21:00:01 108038606 0158 238TH ST SUSP TEXT MSG Page 9 11-08-CJBWPFR$ (15) Total ICRs Processed: 164 ** END OF REPORT ** Page 10 Scandia Fire and Rescue Department Activity Report - December 12, 2008 Operations and Administration • Emergency run volume was very quite in November. YTD volume is now less than 2008 volume by three calls. • Overall FD spend is a net $11,000 favorable to planned budget as of December 3rd. Our year-end projection is favorable to plan by $3,000. • Zero injuries YTD. • The 800 radio MHZ is on track for implementation on February 16th 2009. Fire Department Officers have had several meetings regarding radio configuration, radio programming and radio training requirements. Several Fire Department Officers will be required to attend 12-hour "train the trainer" sessions. Department pagers and the civil defense siren will also have to be reprogrammed as part of the 800 MHZ implementation plan. • Some of the Fire Department Officers are planning on attending a DPS MN Home Land Security Natural Disaster Recovery %2 day workshops in January. • For informational purposes only— Recent increases in training requirements will require some Fire Department members to attend upcoming training sessions and workshops that are only offered during the workweek. Therefore, it will require some Fire Department members to use personal vacation to attend. Fire Drills, Rescue Drills, and Medical Training • Fire Fighters trained on ice rescue operations • Fire Fighters trained on hypothermia medical procedures. • Fire Fighters trained on fire apparatus pump operations, chimney fire standard operating procedures, carbon monoxide standard operating procedures, recognizing structural collapse conditions and structural collapse response. Fire Chief's contact information Fire Chief Steve Spence cell: 651-746-4485 scandiafire5191@frontiernet.net 1st Assistant Chief Jim Finnegan cell: 651-755-8675 scandiafire5192@frontiernet.net 2nd Assistant Chief Steve Yehle cell: 651-403-0358 scandiafire5193frontiernet.net Steve Yehle C:\Documents and Settings\Anne\Local Settings\Temporary Internet Meeting Date: 12/16/2008 Agenda Item: , ) / City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider approving an "Intergovernmental Agreement" with Minnesota Homeland Security and Emergency Management pursuant to state law and EMAC (the interstate Emergency Management Assistance Compact.) Deadline/ Timeline: N/A Background: • EMAC is the interstate mutual aid agreement by which states assist each other in times of disaster by providing personnel or other resources. • The Fire Department has requested that the Mayor"pre-sign"the attached intergovernmental agreement. This action was recommended by the state EMAC coordinator. Signing a blank agreement would allow the deployment of resources without a delay to seek approval of the City Council. • The agreement was reviewed by the City Attorney, who expressed concern that the document does not specify what is being requested. Whether Scandia could make resources available would depend on the circumstances at the time of need. • The agreement provides for reimbursement to the City for all costs incurred for any deployment of resources. • The EMAC agreement has no affect on existing mutual aid agreements, and would come into play only in large incidents requiring a multi-state response. • There are some requirements in state law that the city delegate authority to respond to disasters. Specifically, Mn Statue 12.27, Subd. 3 states: Subd. 3.Local delegation of authority.(a)No later than 90 days after August 1, 1996, the governing body of a political subdivision shall designate a city administrator or manager,public safety director,police chief,fire chief, public works director, or other officer who, exercising discretion and considering the needs of the political subdivision and its inhabitants, may dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Page 1 of 2 12/11/08 Recommendation: I have the same concerns about the EMAC agreement as the Attorney. Deployment of staff to an emergency outside the city could make it difficult to provide basic service for our own residents. If the Council does not agree to pre-sign the blank agreement, resources might still be requested pursuant to EMAC; however, there might be a delay due to the need to seek City Council approval. Another agency might be contacted instead to provide the immediate assistance requested. I discussed the agreement with the state EMAC coordinator (Kim Ketterhagen, Department of Public Safety) who acknowledged these concerns. He indicated that small communities may not choose to pre-sign this optional agreement due to concern about limited resources. I recommend that the Council determine whether or not it would be in the best interests of the City to sign the agreement at this time. In any case, the City should adopt a resolution that would meet the requirements of state law, delegating someone (such as the Mayor, Acting Mayor and/or staff such as the Administrator or Fire Chief) the authority to act in the city's behalf—which might include signing such an agreement depending upon the specific circumstances. The resolution could specify conditions (such as who would be notified or consulted) for exercise of the authority to be delegated. If the Council gives direction to do so, a resolution could be prepared for consideration at a future meeting. Attachments/ • E-mail from Assistant Fire Chief Steve Yehle Materials provided: • Intergovernmental Agreement Contact(s): Steve Yehle(cell 651 403-0358) Prepared by: Anne Hurlburt, Administrator (EMAC agreement) Page 2 of 2 12/11/08 • Blank Page 1 of 1 Anne Hurlburt From: Yehle, Steve C [Steve.C.Yehle@xcelenergy.com] Sent: Monday, November 10, 2008 11:42 AM To: 'Anne Huriburt'; 'Denny Seefeldt' Cc: 'scandiafire5191@frontiernet.net'; 'Finnegan', 'Jim'; 'scandiafire5193@frontiernet.net'; 'hinzmike@yahoo.com' Subject: Home Land Security MN Emergency Attachments: IGA HLS MNEMAC Sept 2008.doc Denny and Anne, Attached is the "INTERGOVERNMENTAL AGREEMENT"from the Department of Public Safety, Minnesota Homeland Security & Emergency Management . The Department of Public Safety, Minnesota Homeland Security& Emergency Management [HSEM], pursuant to Minnesota Statutes, Sections 12.27, subd. 2 and 192.89 the "Interstate Emergency Management Assistance Compact" [EMAC], coordinates emergency management and interstate mutual aid for the State of Minnesota. EMAC is the interstate mutual aid agreement to which all states belong that allows states to assist each other in times of disaster. When any member state's Governor declares a disaster or when a disaster is imminent, other member states may agree to provide assistance in response to requests from the impacted state(s). The assistance from other member states may be in the form of personnel and/or other resources. Assistant Chief Finnegan and I are requesting a pre signed agreement to put into our files for immediate processing if we are ever activated. The pre signed document is a recommendation from Kim Ketterhagen, State EMAC Coordinator, MN Department of Public Safety, Minnesota Homeland Security. Thank you Steve Yehle Second Assistant Fire Chief Scandia Fire and Rescue Cell 651-403-0358 12/2/2008 INTERGOVERNMENTAL AGREEMENT Between MN Department of Public Safety and County/City Homeland Security and Emergency Management 444 Cedar Street, Suite 223 St. Paul, MN 55101-6223 Contact Person: Kim L. Ketterhagen Contact Person: Phone: 651-755-1615 Phone: E-mail: kim.ketterhagen@state.mn.us E-mail: INTRODUCTION: The Department of Public Safety, Minnesota Homeland Security & Emergency Management [HSEM], pursuant to Minnesota Statutes, Sections Chapter 12.27, subd. E2) and 192.89 the "Interstate Emergency Management Assistance Compact" [EMAC], coordinates emergency management and interstate mutual aid for the State of Minnesota. EMAC is the interstate mutual aid agreement to which all states belong that allows states to assist each other in times of disaster. When any member state's Governor declares a disaster or when a disaster is imminent, other member states may agree to provide assistance in response to requests from the impacted state(s). The assistance from other member states may be in the form of personnel and/or other resources. EMAC has been implemented to assist the State(s)of to respond to In response to pending EMAC requests, HSEM through MN-EMAC has identified experienced and qualified public employees who are available to deploy and have agreed to assist with the response and recovery missions in . Work conditions may be sub-standard with extended hours during the week, weekends, and holidays. The customary work hours under this agreement are for 12 hour shifs or as approved by MN-EMAC. In some instances, responders must be prepared to be self-sustained for several days. For each individual county/city jurisdiction participating in the EMAC response effort, the following intergovernmental agreement must be executed. TERMS AND CONDITIONS: Authority: Pursuant to Minnesota Statutes, Sections Chapters 12.27, subd. E2-) and 192.89, HSEM through MN-EMAC and County/City establish this intergovernmental agreement for utilization of personnel and/or resources. , who is currently employed as a by County/City, Minnesota, has agreed to assist HSEM through MN-EMAC with the EMAC mission described above. The period of deployment will commence on , and end on or before No extensions of time will be granted without written approval. Page 1 of 3 Origination Date: 08-07-08 Employee status: During the period of deployment, shall remain an employee of County/City, on detail as an employee(s) of the sending County/City for purposes of the EMAC deployment as assigned by HSEM under MN-EMAC. The County/City employee(s)will continue to be paid by his/her county/city employer, will continue to receive the same benefits as if working at his/her home station, and will carry with him/her all workers' compensation and employee benefits as if working at his/her home station. HSEM assumes no responsibility for this county/city employee(s) other than the obligation to coordinate activities through MN-EMAC and to process expense reports through the EMAC reimbursement process. The employer or employee(s), in consultation with HSEM through MN-EMAC, shall make and incur costs for all necessary logistical arrangements, including airline, lodging, per diem expenses and other necessary miscellaneous expenses. Liability: Officers or employees of a party state, or officers or employees deemed to be employees of a party state,rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. "Good faith" in this subdivision does not include willful misconduct, gross negligence, or recklessness Logistics: The employee(s)will report to the upon arrival and perform duties as assigned. The deployed Task Force leader or Strike Team leader will provide emergency contact information and status reports for the employee to MN-EMAC operations on a designated time schedule. MN-EMAC will provide to the County/City contact information and accountability reports throughout the period of deployment. Equipment: Limited resources are available in the affected area. EMAC assistance requests assume that personnel deployed under MN-EMAC will provide the necessary personal equipment needed to perform the assigned task(s). Reimbursement: Estimated amount-- $ The amount provided above is to be used as an estimate only. The final amount could be higher or lower depending on actual costs. All wages shall be calculated at a 12 hour work day. 8 hours of regular pay and 4 hours of overtime pay. The pay calculations will start at zero hours at the begaining of the deployment. Within 20 days of the termination of this deployment, County/City shall complete and submit to MN-HSEM an EMAC Form R-2, a copy of which is attached to this agreement. Reimbursement may be requested for actual costs incurred for this deployment, including compensation (including overtime pay), benefits; travel, lodging, and expenses (subject to any limitations applicable to the employee under the County/City's existing policies); government vehicle cost(s); and equipment cost(s), (including any loss, damage to, or expense incurred in the operation of the equipment). Page 2 of 3 Origination Date: 08-07-08 HSEM through MN-EMAC shall be responsible for requesting reimbursement for eligible expenses from the requesting state. Upon receipt of reimbursement from the requesting state, HSEM will provide reimbursement to the County/City in a final amount for the authorized expenses claimed on the Form R-2, within 30-days. ALTERATIONS AND AMENDMENTS This Agreement may only be amended by mutual agreement of the parties. Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified below. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. BY: BY: Kris A. Eide, Director Name: Minnesota Homeland Security& Emergency Management Chairperson, Commissioner or Mayor County/City Date Date Page 3 of 3 Origination Date: 08-07-08 01 (6 Uirt Crovrr ?re ch 4004.4.141460,, 71Air QL *q., c a4agement As510* The Emergency Management Assistance Compact—An Introduction By Beverly Bell, NEMA Policy Analyst As hurricane season begins and experts predict another active year, many can't help but recall the devastation caused by Hurricanes Katrina and Rita almost two years ago.The price paid in terms of lost lives and property from a natural disaster was nearly unprecedented. The resources that were deployed to the affected areas in response to the storms were also unparalleled. Much of the help came from other states via the Emergency Management Assistance Compact(EMAC).Through EMAC, more than 66,000 personnel and$830 million in equipment from across the country were sent to the Gulf Coast. The compact is considered a cornerstone in disaster response,familiar to the U.S. Congress, governors, as well as state and local officials. EMAC is neither a federal agency nor part of the federal government.Administered by the National Emergency Management Association, the compact is an agreement among all states, the District of Columbia, Puerto Rico and the Virgin Islands, to provide assistance across state lines when a disaster occurs. There are several important distinctions to remember about EMAC. First, it is a state-to-state agreement. EMAC doesn't move resources from county to county, city to city, or locality to locality. Local and county governments that want to offer aid must work through their state emergency management office. Next, EMAC follows the emergency management standards of incident command and control. Finally, the compact does not allow for deployment of individuals acting on their own accord. EMAC deployments are legal contracts, not arbitrary mobilizations.This clearly defined mission means that EMAC is able to expedite and streamline the delivery of assistance between member states.To protect state sovereignty, the compact uses established protocols that allow reimbursement from the requesting state to all assisting states. EMAC also has procedures to resolve workers compensation, licensure and liability issues. How EMAC Works Two things have to happen before assistance can be provided by the states under EMAC: 1)The governor of the impacted state declares a state of emergency and, 2)The impacted state must ask for help. In some states, the governor has the authority to declare a state of emergency if a disaster is imminent,for example when landfall of a hurricane is certain. This allows member states to request assistance through EMAC to pre-stage resources to or near the impacted area. After these two things happen, the following process begins: • NEMA EMAC Coordinator or the National Coordination Group(NCG)is notified, and if needed, an EMAC coordinating team known as an A-Team(Advance Team)works with the impacted state in determining its needs. • Other member states are notified about the event and resource requests. • The A-Team helps the impacted state determine the availability of requested resources and the costs through the Requisition for Assistance(REQ-A). • Member states offer resources in response to those requests • The impacted state and the A-Team review all responses, often accepting resources from the closest states first to speed up assistance. • The impacted state completes the REQ-A accepting the resources for the estimated costs therein. • Resources are sent to the requesting state. • NEMA EMAC Coordinator tracks all requests, including fulfilled and cancelled requests on the EMAC Operations database for all member states to review. • The assisting state asks for and receives reimbursement from the impacted state. How EMAC Was Born Though officially ratified by Congress in 1996 as law, EMAC traces its beginnings to several years earlier when another Hurricane—Andrew—hit Florida in 1992. Considered one of the most destructive hurricanes in U.S. history, Andrew caused 26 direct deaths and more than$25 billion in damages. As the state struggled to rebuild,then Florida Gov. Lawton Chiles suggested that the 19 members of the Southern Governors Association establish some type of formal mechanism for states to provide help to one another in times of disasters. Originally known as the Southern Regional Emergency Management Assistance Compact,the agreement grew and evolved into EMAC. When it was signed into law(Public Law 104-321) 11 years ago, it became the first national disaster-relief agreement to be ratified by Congress since the Civil Defense Compact of 1950. Now, it is considered a model mutual aid agreement,with a well-tested operational system that provides the necessary flexibility to manage the ebb and flow of any disaster. For more information about EMAC contact your state emergency management agency or visit www.emacweb.orq. -2- 1:1) // ll� '> 7� 1 SJ l ( G-/Y`{ :J I Vi( c 0...: Dear Partners: On Wednesday, September 7, 2005, we performed a follow-up inquiry on the need for EMS, law enforcement and fire services in the Louisiana area. On the fire requests: we spoke with Steve Jelly in the State EOC who is the coordinating point for fire resources in the area. He noted that he was appreciative of the call, but was overwhelmed with resource requests. He said a problem they are dealing with right now is that people have "self deployed". For example, yesterday the following fire resources showed up: 600 firefighters from Illinois (they did not know they were coming) 350 firefighters from NYC(they knew they were coming) 150 firefighters from Maryland(they did not know they were coining) He stated that people are coming"self-sustained", but they do not have food for past 3 days, shower facilities for themselves, and waste/sanitary issues for themselves. This issue is a large logistics issue. The states now have a small "logistics disaster" on top of their initial disaster. Based on this recent information, the EMAC Coordination Center is asking all parties that have been contacted for possible law enforcement, fire, and EMS missions related to EMAC deployments, to place all preparations on hold. If you are in the process of completing your paperwork required for deployment under EMAC, please continue to see it through to completion That way we will have the paper in place in the event of future deployments. The resources contacted are asked to keep the information they have and adjustments can be made when or if requested in the future. The EMAC information hotline (651-288-4180) will be updated daily. This is a 24/7 resource tool to stay up to date on the status of resource requests. Your patience is appreciated and needed. The system works; it just hasn't been tested to this degree of magnitude, ever. We all want to be part of the solution, not the problem and that is why we are making sure the is are dotted and the is are crossed on our end before anyone leaves Minnesota. We are all learning a lot. One thing we already knew is that we have great people and partnerships in Minnesota. Thanks for stepping up and all you do everyday. We will continue to keep you informed as information comes in. If you have further questions, please contact us at Hsem.Emac@state.mn.us, call the hotline for updates or give us a call. City of Scandia ENGINEERING UPDATE SCANDIA December 2008 ` o " o ' a The purpose of this update is to provide you with information on various projects and engineering activities for the month. HIGHLIGHTS FOR TIME PERIOD 11/12/08 - 12,/08/08. • Tii Gavo - Aggregate shouldering and cleaning of storm sewer lines was completed. 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. • No engineering action taken this month. Private Developments: 1. Wyldewood Acres • Some landscaping items remain to be completed by the developer. • Cracked sidewalk at several locations along Odell- caused by developer's equipment. • No action taken this month. 568gen\Engineering Updates 1 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 work has been completed and accepted. We have received IC 134's and lien waivers along with the Final signed Contractor's Request for Payment. The project has been completed and accepted. A one year warranty inspection will be completed in October 2009. 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 the startup and the system will be winterized for the winter. The system will be tested 568gen\Engineering Updates 2 I 4 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 has completed the aggregate shouldering and removal of sediment from the storm sewer lines. • A Final Inspection Notice was prepared for the Developer. The items not finished in 2008 will be completed in the spring of 2009 along with any warranty work that may be necessary. 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 November 2008 Steve Thorp Scandia Code Official Building information: • #permits issued: November 2008 = 25 YTD=269 • # new residential units: 0 YTD=4 • Totals for November 2008 a) Valuation=$249,056.75 YTD=$4,525,985.75 b) Permit Fees=$2,506.45 YTD=$37,173.55 c) Plan Review Fees=$596.08 YTD=$13097.93 Total Fees Generated YTD=$50,271.48 Code enforcement/zoning actions: • TOTAL ENFORCEMENT ACTIONS: 60 1. court action: 0 (1 warrant has been outstanding since 11/19/07) 2. actively pursuing: 12 3. closed cases: 48 • new cases: 0 for the month of November; • 7 Exterior Storage violations, 1 Shoreland Regulation infractions, 3 Farm Animal violations, 1 unlicensed car, , 2 miscellaneous (foreclosure or empty homes) Resolution of a number of cases including the storage of business items on Manning Tr, operation of a commercial horse facility on 228th, second dwelling unit on Mayberry Tr. and exterior storage violations. Planning: Tii Gavo is in the final phases and will be proceeding with the Conservation Easement monitoring in the spring of 2009 and the final landscape items. Zoning issues: 1. Stanek variance application was granted. 2. Zavoral mining application received from Tiller Corporation. Daily Activities: • Building inspections, • Zoning inspections; • Resident interaction including phone calls, emails and in person regarding zoning, planning and building issues; • Gained certification for NIMS 700. Completion of NIMS 100, 200, 300, 400, 700 has been achieved. Miscellaneous City Actions • $5500.00 has been granted for the South half of the warming house roof from LMCIT, roof to be decided upon in the spring of 2009; • Rasmussen house has had the asbestos inspection and proposals have been received, the fuel tank was removed; • septic tank pumps have been replaced at the Community Center; • pumping of the septic tank between the old maintenance garage and the tennis courts was done as well as the waste separator tank in the building. 2 fuel tanks need to be removed that were used by the maintenance department that could cause problems for the downtown water system; City of Scandia Building Permits September-08 PERMITS Permit# Date Address Owner Work Valuation 8-244 11/4/2008 21355 Parrish Road Kertzscher reroof $ 8,600.00 8-245 11/4/2008 11640 239th St Ct Lapinoja reroof $ 4,000.00 8-246 11/4/2008 20900 Kirby Ave Weiss reroof $ 20,000.00 8-247 11/4/2008 21590 Penfield Ave Huss reroof $ 10,300.00 8-248 11/4/2008 21850 Olinda Ln N Burris reroof $ 29,630.00 8-249 11/4/2008 15540 Pilar Rd Kees reroof $ 12,000.00 8-250 11/4/2008 14940 220th St Peuse reroof $ 12,700.00 8-251 11/4/2008 23690 Manning Tr Riemers reroof $ 400.00 8-252 11/5/2008 15947 Scandia Tr Rangitsch reroof $ 1,000.00 8-253 11/6/2008 18880 Oakgreen Ave Gerlach reroof $ 11,000.00 8-254 11/6/2008 15395 240th St Olson fireplace $ 3,200.00 8-255 11/7/2008 18625 Oakgreen Ave Engstrom reroof $ 10,000.00 8-256 11/7/2008 19301 Manning Tr Kuno reroof $ 7,076.75 8-257 11/13/2008 10447 219th St Bakken reroof $ 6,000.00 8-258 11/14/2008 15901 Scandia Tr Kline reroof $ 10,000.00 8-259 11/14/2008 20150 Manning Tr Lesch reroof $ 7,000.00 8-260 11/20/2008 22633 Kirk Ave Lukkonen reroof $ 6,000.00 8-261 11/21/2008 14270 Scandia Tr Swenson Addition $ 7,650.00 new roof system and interior 8-262 11/21/2008 18509 Langly Ave Adams remodel $ 9,500.00 8-263 11/25/2008 21455 Olinda Tr Schuldt reroof $ 9,000.00 8-264 11/25/2008 16015 Scandia Tr Roggemann reroof $ 12,000.00 8-265 11/25/2008 10510 217th St Boyd addition of 2nd floor $ 37,500.00 8-266 11/25/2008 19489 Manning Tr Melchoir driveway alteration $ - 8-267 11/25/2008 18659 Langly Ave Wilcox reroof $ 2,700.00 8-268 11/26/2008 15740 Pilar Rd Firkus reroof $ 9,800.00 8-269 11/26/2008 19151 Layton Ave Dahlberg existing deck replacement $ 2,000.00 $ 249,056.75 permit spreadsheet October 08 12/11/2008 11:34 AM City of Scandia Building Permits September-08 FEES Permit # Permit Fee Plan Review Fee Total 8-244 $ 69.50 $ 69.50 8-245 $ 69.50 $ 69.50 8-246 $ 69.50 $ 69.50 8-247 $ 69.50 $ 69.50 8-248 $ 69.50 $ 69.50 8-249 $ 69.50 $ 69.50 8-250 $ 69.50 $ 69.50 8-251 $ 69.50 $ 69.50 8-252 $ 99.50 $ 99.50 8-253 $ 69.50 $ 69.50 8-254 $ 69.50 $ 69.50 8-255 $ 69.50 $ 69.50 8-256 $ 99.50 $ 99.50 8-257 $ 69.50 $ 69.50 8-258 $ 69.50 $ 69.50 8-259 $ 69.50 $ 69.50 8-260 $ 69.50 $ 69.50 8-261 $ 153.50 $ 99.78 $ 253.28 8-262 $ 181.50 $ 118.00 $ 299.50 8-263 $ 69.50 $ 69.50 8-264 $ 69.50 $ 69.50 8-265 $ 512.45 $ 333.10 $ 845.55 8-266 $ 70.00 $ 70.00 8-267 $ 69.50 $ 69.50 8-268 $ 69.50 $ 69.50 8-269 $ 69.50 $ 45.20 $ 114.70 $ 2,506.45 $ 596.08 $ 3,102.53 Letters of Credit Name Purpose Date issued Initial amount Current balance Expiration Nature's Walk landscape 10/20/04 $ 25,000.00 $ - released Funds drawn by Sanctuary final project 7/19/2005 $ 96,000.00 $ - City Tii Gavo grading 10/1/06 $ 250,000.00 $ - Expired Tii Gavo construction 6/28/07 $ 1,514,344.00 $ 300,000.00 6/28/2009 Tii Gavo landscape 6/28/07 $ 177,687.00 $ 141,787.00 6/28/2009 Wild Bush Acres landscape/improve. 10/20/05 $ 350,000.00 $ - 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 Meeting Date: 12/16/08 Agenda Item: e) 1) City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Review quotes for the abatement/removal of the asbestos in the house owned by the City of Scandia at 20780 Olinda Tr N. Deadline/ N/A Timeline: Background: • An asbestos inspection was performed on the house and it was found that the home contained asbestos that required mitigation. • Linoleum and wall/ceiling texture was found to contain asbestos. The vermiculite in attic and wall cavities increased the expense for removal tremendously. • Three proposals were received from licensed asbestos abatement contractors to perform the work per the pre-demolition asbestos survey: 1. Sheltertech Corp $13,740.00; 2. Advanced Environmental Restoration $16,345.00: 3. Always Abatement $15,650.00. • This is the final step required by Minnesota law before the final demolition of a building. An asbestos inspection has been done, the fuel tank was removed and now the abatement of the asbestos. Recommendation: My recommendation would be for the Council to accept the lowest bid by Sheltertech Corp. for$13,740.00. Attachments/ • 3 proposals Materials provided: Contact(s): Prepared by: Steve Thorp Code Official Page 1 12/11/08 f3pk(t �I a y SI ELTERTEC i CORPORATION :c.t ,.a%t` r,t,°ii3C 2605 Seppala Blvd. www.sheltertechcorp.corn St. Paul, MN 55109 FAX 651.773.8908 x «r 4 3 651.770.2405 HAZARDOUS MATERIALS REMOVAL PROPOSAL/CONTRACT #01108-20780-A SUBMITTED TO: City of Scandia ATTN: Steve Thorp 14727 209th Street N. Scandia, MN 55073 Re: Asbestos Materials Removal/Disposal Residential Structure, 20780 Olinda Trail N., Scandia, Minnesota SHELTERTECH CORPORATION, Licensed and Insured Asbestos Abatement Contractor, proposes to perform work at the referenced sites per the Pre-demolition Asbestos Survey provided. DESCRIPTION 1. Remove from the site and properly dispose of the following asbestos-containing materials: • App. 1,000 SF each of Ceiling Texture and Wall Texture, First Floor Living room and Dining Room,Stairwell, and Second Floor Bedrooms and Hallway • App. 200 SF Vinyl Sheet Flooring,Kitchen • Unkown quantity of Vermiculite Insulation,Attic and Wall Cavities • All labor, materials, insurance, required permits, air monitoring, and disposal costs included. • Abatement work to be conducted by personnel licensed by the Minnesota Department of Health. • All ACBM removed from this project will be transported to an approved landfill for disposal. • Proposal assumes that water and electrical power will be supplied to the house by the owner. PRICE: All of the work described above to be completed in a substantial and workmanlike manner according to standard practices for the sum of Thirteen thousand seven hundred forty and 00/100 Dollars ($ 13,740.00) SUBMITTED on November 12, 2008 byACCEPTED on 20 by O SHELTERTECH CORPORATION is licensed by the State of Minnesota to perform asbestos abatement work under license#401. O SHELTERTECH CORPORATION is insured by Arch Specialty Insurance companies for general and pollution liability. F R ADVANCED ENVIRONMENTAL Page No. I RESTORATION, INC. PROPOSAL 755 4111 STREET NW of I Pages M NEW BRIGHTON, MN 55112 651-490-3448 (fax)651-636-6604 DATE PROPOSAL SUBMITTED TO: 12/02/08 NAME JOB NAME City of Scandia,Minnesota Attn:Steve Thorp 20780 Olinda Trail North STREET STREET 14727 209'h Street North 20780 Olinda Trail North CITY CITY STATE Scandia Scandia MN STATE/ZIP PHONE/FAX MN,55073 unknown We hereby submit specifications and estimate to: • Remove and dispose of approximately 1,000 square feet of asbestos containing wall and ceiling texture from the first and second floors plus the connecting stairway. • Remove and dispose of approximately 200 square feet of asbestos containing linoleum from the kitchen. • Remove and dispose of asbestos contaminated vermiculite insulation from the attic and wall cavities. • AER shall provide all required air sample collection and analysis as part of this proposal. We hereby propose to furnish labor, materials, equipment and air monitoring plus disposal to complete in accordance with the above specifications for a total cost of$16,345.00. This proposal assumes water and electricity will be available and operational for the duration of this project and the work areas will be free of clutter.This proposal does not include moving or disposing of contents of other hazardous wastes not previously mentioned. This project is subject to a mechanics lien. By signing below you,as the owner/owners representative acknowledge that you are being notified that Advanced Environmental Restoration, Inc. will and has the right to lien the property where the work is performed for non- payment and to protect their interests if disputes should arises. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accident or delays beyond our control. Any costs incurred by AER to collect delinquent accounts will be the responsibility of the debtor plus a finance charge of 1 '/2%per month.This proposal subject to acceptance within 30 days and it is void thereafter at the option of the undersigned. Any issues regarding work quality or completeness must be addressed within two days of completion. Authorized Signature Tom Key ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. ACCEPTED: Signature DATE Signature FEB 15 ' 0E 52 : 27 PAGE . [1L11 Always Abatement Inc. 5420 Emily Lane Stacy,MN 55079 651-462-3469 651-815-3145 Attention;Scandia Building Official 14727 209'"Street North Scandia Mn 55073 Thank you for this opportunity to submit this proposal. We are looking forward to working with you. The Following is the basis of our proposal Scope of work:20780 Olinda Trail Scandia Mn 55073 • Removal of vermiculite in attic and wall cavities • Removal of ceiling and wall texture on tad floor bedrooms and hall way stairwell • Removal of ceiling texture on 1st floor living room and dining room • Removal of linoleum in kitchen • All permits are included • All air monitoring is included Always Abatement Inc. submits a proposal for the amount of 15,650.00 for all work stated above. Any extra work will be done at time and material AU work to follow these procedures: Follow all Federal,State,and Government agencies guidelines for Asbestos removal Additional conditions: • If any electrical;plumbing and mechanical needs;done by others • Always Abatement cannot guarantee damage if any on walls,floors/and or ceilings eat.,from securing containment,fixed by others. • Always Abatement Inc.will not be responsible for cleaning out work areas • Always Abatement will need electrical and water supply It is understood that Always Abatement Inc.will perform all work in good workmanship manor and accordance With Federal,Slate,and local Government agencies gvidPlinPs. CONTRACTORS NOTICE TO 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 contribution. 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 amount due from us until 120 days after completion of the improvement unless we give a lien waiver signed by arty person who supplied any labor or material for the improvement and who gave you timely notice. Payment will be due upon the contract amount as follows '/2 due prior to commencement of any of the services described in this contract '%:due on completion of this contract Respectfully Submitted Matthew Strainer Company President Proposal accepted by: Proposal Accepted by: Date: Print Name: Always Strives to be the Best ** TOTAL PAGE . 0ll1 ** Nitti Rolloff Services, Inc Estimate 2136 108th LN Blaine, MN 55449 Date Estimate# 763-755-0303 12/15/2008 132 Name /Address Steve Thorp City f Scandia Job Address 14727 209th St N, Description Qty Cost Total Abatement Removal 1 12,950.00 12,950.00 Nitti Rolloff Services/Erickson Enterprises proposes to remove the following asbestos containing items from the house at 14727 209th St N-Scandia,MN prior to demolition.These items were listed in the survey provided for by Indoor Environmental Group. Price includes Permits labor and disposal of asbestos containing materials. Work to be complete in accordance to Federal,State.and Local rule and regulations. Sincerely: Tony Nitti President The payment plan is 20%due at signing and the balance is due on completion.If you 0.00 0.00 already have an account setup with NRS the terms of that account will apply not the terms above. Total of all Materials and Labor $12,950.00 The above prices,specifacations and conditions are satisfactory and hereby accepted.Nitti Rolloff Services Inc is authorized to do the work as specified. Payments will be made as outlined above.All payments not received as agreed upon are subject to finance charges.Any legal action that needs to be taking to collect monies owed will be at responsibity of the customer named above. Signature X Date Signature X Date `q Pagel of 1, 4- ) Anne Hurlburt From: Frazell,Kevin[KFrazell@Imc.org] Sent: Tuesday, December 16,2008 8:59 AM To: MN C&C Mgr Assoc Subject: [mcma]LMC urges you to contact your legislators on unallotment Importance: High Attachments:08 m e m_e lect.pdf The League has learned that as of Monday morning,the Governor has yet to make a final decision on levels of city aid cuts to be implemented this month through the unallotment process. We have reason to believe that the cuts could fall into the range of between$25 million and$100 million of the total remaining appropriation for LGA, which is$242 million,and MVHC which is$38 million,scheduled to be paid at the end of December. In the past,the Legislature and governor have imposed cuts to each city as a percentage of their certified levy plus their certified LGA and taconite aids. Each city's cut would first be taken from their LGA distribution and then from MVHC if the city does not receive enough LGA to cover the cut. The League has posted a spreadsheet that includes a rough range of estimates of the impact of the cuts for the December payments. The spreadsheet can be found at http://www.lmc.org/media/documentJ1/25_100million_cut_estimates.pdf.THESE ARE ONLY ESTIMATES. We do not have exact information on the size of the cuts or the method that might be used to implement the cuts. However,we believe the range provided for each city provides a reasonable estimate of the potential cuts. Once you determine the potential range of cuts for your city we urge you to contact your State Representative and State Senator,as well as the Governor,with your concerns about the impact unallotment will have on city budgets—specifically how services will be affected in your own city. Additionally,ask your legislator to share your message with the legislative leadership. It is very important that you do this ASAP,or by no later than Wednesday,December 17,since it is likely that the Governor will make a final decision by the end of the week. Brian Strub,Policy Coordinator Tell Your City Story click here to learn more League of Minnesota Cities bstrub(c Imc.orq I www.lmc.org 145 University Avenue West I Saint Paul,MN 55103 Tel:651-281-1256 Toll free:800-925-1122 I Fax:651-215-4113 Connecting&Innovating since 1913 You are currently subscribed to legislative as: kfrazell@lmc.org To unsubscribe send a blank email to leave-134385-26311.48e3e457e80b2cf856688ab6280c0d56@listserv.lmc.org You are currently subscribed to mcma as: a.hurlburt@ci.scandia.mn.us To unsubscribe send a blank email to leave-134415-15652.5ff37811dd20fbf31dc7b9abf72a9754@listserv.lmc.org 12/16/2008 The figures shown are ESTIMATES of what individual city LGA and MVHC cuts could be under two scenarios: a $25 million cut to city LGA and MVHC and a $100 million cut to city LGA and MVHC Estimated Cut to LGA/MVHC Estimated Cut to LGA/MVHC in$25m cut scenario--Cut in $100m cut scenario--Cut Scheduled Scheduled would come 1st from LGA; if would come 1st from LGA; if Dec.26 LGA Dec. 26 MVHC no LGA or not enough LGA, no LGA or not enough LGA, City Payment payment rest of cut comes from MVHC rest of cut comes from MVHC RIVERTON 3,283 3,101 700 3,600 ROBBINSDALE 617,676 127,190 71,800 382,400 ROCHESTER 3,810,153 1,094,157 570,800 3,039,200 ROCK CREEK 67,006 10,511 4,200 22,200 ROCKFORD 137,258 30,003 18,700 99,500 ROCKVILLE 7,896 25,984 12,400 33,900 ROGERS - 49,155 42,400 49,200 ROLLINGSTONE 64,040 9,678 3,200 17,100 RONNEBY 2,263 357 100 700 ROOSEVELT 6,174 1,269 300 1,700 ROSCOE 10,741 1,772 400 2,400 ROSE CREEK 38,046 9,779 2,100 11,300 ROSEAU 329,485 33,530 20,100 106,900 ROSEMOUNT - 171,480 134,200 171,500 ROSEVILLE - 199,876 144,800 199,900 ROTHSAY 58,730 8,549 2,400 12,900 ROUND LAKE 47,848 5,936 2,100 10,900 ROYALTON 82,118 9,829 4,300 23,100 RUSH CITY 259,210 13,577 11,600 61,500 RUSHFORD 286,613 42,870 14,100 75,000 RUSHFORD VILLAGE 36,875 13,573 4,000 21,300 RUSHMORE 49,775 7,255 2,400 13,000 RUSSELL 40,890 8,531 2,000 10,400 RUTHTON 38,344 4,486 1,900 10,000 RUTLEDGE 1,661 1,994 400 2,300 SABIN 37,718 5,852 1,800 9,400 SACRED HEART 91,995 11,022 5,000 26,600 SANBORN 62,203 6,322 2,400 12,900 SANDSTONE 367,148 16,341 14,400 76,800 SARGEANT 5,590 1,328 300 1,700 SARTELL - 95,602 49,200 95,600 SAUK CENTRE 567,912 68,856 31,400 167,000 SAUK RAPIDS 999,154 110,391 65,600 349,500 SAVAGE - 207,019 172,700 207,000 SCANDIA 12,567 18,513 20,700 31,100 SCANLON 96,117 12,459 5,200 27,800 SEAFORTH 8,339 795 300 1,600 SEBEKA 83,664 10,265 3,900 20,600 SEDAN 3,531 898 200 1,200 SHAFER 68,260 12,755 6,000 31,900 SHAKOPEE - 242,313 168,000 242,300 SHELLY 32,442 2,228 1,000 5,500 SHERBURN 162,126 27,663 8,700 46,400 S H EVL IN 10,076 1,909 500 2,700 SHOREVIEW - 139,040 99,900 139,000 SHOREWOOD - 14,916 14,900 14,900 SILVER BAY 272,747 57,147 21,700 115,600 SILVER LAKE 83,997 22,829 7,200 38,500 SKYLINE 2,361 3,167 600 3,200 SLAYTON 418,463 43,802 16,200 86,100 The figures shown are ESTIMATES of what individual city LGA and MVHC cuts could be under two scenarios: a$25 million cut to city LGA and MVHC and a$100 million cut to city LGA and MVHC Prepared by League of Minnesota Cities,December 2008 Meeting Date: 12/16/2008 Agenda Item: g ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss options relating to animal control and impounding dogs, and give direction to staff. Deadline/ Timeline: Current contract with the Animal Humane Society(AHS) ends 1/1/2009. Background: • On October 31, the city received a form letter from the Animal Humane Society indicating that they were not willing to provide impounding services to municipalities that do not allow for services for cats/kittens and other domestics. The letter requested that the city notify our animal control officer that "services are to be provided for these animals and/or permission is to be granted when notified that a non-canine stray has been brought to the AHS." • The township/city has received similar communications in the past from the Humane Society(see attached.) • Scandia's Ordinance No. 75 provides for the regulation, confinement and disposition of dogs, but does not provide any authority for control of cats or any other domestic species. • Staff contacted the AHS to determine if it was the intent of the AHS to terminate its contract with Scandia for impoundment of dogs, if we did not begin impounding cats. In response, they sent the letter dated November 3, indicating that they would do so effective 1/1/2009 due to their requirement for contracted municipalities to provide services for all domesticated species. • Staff began to research other options for these services. We had discussions with Northwoods Animal Shelter in Wyoming, and they indicated their willingness to work with us. • At the December 2 meeting, Animal Control Office Sherrill Reid appeared before the Council and asked that she be given authority to impound stray cats. She stated that AHS would not be willing to provide any of their services within Scandia should she not be given this authority. Staff was directed to research options and report to the Council at the December16 meeting. • On December 3, staff was informed by Northwoods Animal Page 1 of 3 12/12/08 Shelter that they would decline the opportunity to serve Scandia based on their communications with Sherrill Reid. • We contacted AHS staff to clarify their position. Unless Scandia provides services for all domestic species (not just cats) as it does for dogs, they will terminate the contract. This will not, however, affect any of the other activities of AHS, such as investigating complaints of animal abuse or accepting animals surrendered to them by Scandia residents. AHS staff acknowledged that it may take Scandia some time to make alternate arrangements, so is willing to extend their services past 1/1/09 if necessary. • Staff has made contact with Rick Ruzicka, whose company Animal Control Services contracts with 31 different municipalities including Hugo and Forest Lake. They contract for impound services with Hillcrest Animal Hospital, located at 1320 County Road D, in Maplewood. They provided a combined proposal for animal control and impound services. • We have also made contact directly with Hillcrest Animal Hospital. They appear to be the only other nearby option for impound services, since Northwoods declined to work with us. Their fee proposal has not yet been received,but we hope to have it prior to the Council meeting. • The City's current arrangement with Sherrill Reid Animal Control pays her$75 per animal, plus one third of her insurance costs ($222 in 2008). Rates in the"Policies and Procedures"were raised in 2008. Based on 14 calls and 18 dogs picked up in 2008, this worked out to a total of$87.34 per dog, or$112.29 per call. Impound services are billed separately to the city by AHS. • Animal Control Service charges $90 per call-out (not per animal) on weekdays, $99.00 for evenings, weekends and holidays. There are no additional charges for insurance. It appears that the contract with Animal Control Services would cost less. • In 2008, the city's budget for animal control services was $1,200, and $1,749 has been spent year-to-date. Costs in 2006 and 2007 were $1,213 and $2,429, respectively. Recommendation: The first issue that must be addressed is whether or not the ordinance should be amended. If the ordinance is amended to authorize impounding of all domestic animal species, the City could continue to work with AHS. (Another option would be to amend the ordinance to eliminate the provisions concerning dogs, other than dangerous dogs from the ordinance, and eliminate the animal control service altogether.) If the current ordinance is not changed, alternative impound services must be sought. The alternative to AHS for impound services appears to be with Hillcrest Animal Hospital, either Page 2 of 3 12/12/08 directly or through a contract with Animal Control Services. The second issue to be decided is whether or not to continue to work with Sherrill Reid, or to contract with Animal Control Services. If the city stays with Sherrill Reid, a separate agreement for impound services will be necessary. I recommend that the City Council discuss this information and give direction to staff on how you wish to proceed. Attachments/ • Contract with St. Croix Animal Shelter, Inc. and New Scandia Materials provided: Township, June, 1993 (predecessor to Animal Humane Society) • Animal Control Policies and Procedures (agreement with Sherrill Reid), October 2003 • Ordinance No. 75 • Letter from Human Society for Companion Animals dated January 6, 2004 • Letter received 5/28/08 • Letter from Animal Humane Society received 10/31/08 • Letter from Animal Humane Society dated 11/3/08 • Draft Animal Control Contract, Animal Control Services Contact(s): Prepared by: Anne Hurlburt, Administrator (animal control) Page 3 of 3 12/12/08 • CONTRACT BETWEEN THE ST. CROIX ANIMAL SHELTER, INC. AND THE Township OF New Scandia It is hereby agreed by and between the Township of New Scandia _ herein after called the Township , and the St. Croix Animal Shelter, Inc herein after called the Shelter, that the Shelter shall serve as the impound facility agent for the Township beginning on the date of the signing of the contract, with the following provision: 1. The Shelter shall receive and care for any dog or cat brought to it during business hours by the dog catcher for the ownship . The dog or cat's owner, if known, shall be notified of the impoundment by the Township • 2. The dog or cat shall be impounded by the Shelter for five (5) days. No dog or cat will be released by the Shelter to its owner during the impoundment period unless the owner presents a release form from the Township indicating that they have paid the necessary fines and costs due the of New Scandia , and unless they have paid to the Shelter the im- pound fees for the number of days the dog or cat was impounded. 3. If the dog or cat is not claimed by the owner by the end of the impoundment period, the dog or cat shall become the property of the Shelter, to be placed for adoption or to be disposed of in a humane manner. 4. The Shelter shall send a statement of account to the Township each month, itemizing the costs for impoundment of the dogs or cats not claimed by the owners. A service charge will be added if not paid in 30 days. S. This agreement shall be considered to be automatically renewed each year unless it is terminated by either the Shelter or the Township by giving written notice of thirty (30) days prior to the termination date. Township OF New Scandia BY Dolores Peterson DATE June 23 , 1993 CLERK Dolores Peterson 4 ST. CROIX ANIMAL SHELTER BY lAE, EXECUTIVE DIRECTOR DATE c-)- "`�-L- r)- C j NEW SCANDIA TOWNSHIP ANIMAL CONTROL POLICIES AND PROCEDURES A. INTRODUCTI®N. New Scandia Township ("Town") provides animal control by utilizing the services of Sherrill J. Reid, Post Office Box 252, Marine, Minnesota 55047, acting as an animal control officer ("ACO") on an independent contractor basis. Animal control is provided on a complaint or need basis only, primarily for the purpose of restraining and impounding or returning to its owner, dogs which are running at large in the Town. The ACO does not provide general patrol for the purpose of picking up dogs which are running at large. B. PROCEDURES. 1. Upon capture of a dog running at large, the ACO shall either take the animal to the Humane Society for Companion Animals ("HSCA") for impoundment or, in her discretion, return the animal directly to its owner, if known. 2. All healthy animals not claimed by their owner shall be put up for adoption by the HSCA after five (5) working days. 3. Upon impoundment of a dog, the ACO shall make a reasonable effort to notify the owner, if known, and inform the owner of the conditions on which she may regain custody. C. FEE SCHEDULE. 1 The owner shall pay an impounding fee of Seventy-five ($75.00) Dollars to the HSCA upon return of the impounded dog, which shall be accredited by the HSCA to the amounts billed to the Town for animal impoundment services. 2. The Town shall pay to the ACO a fee of Fifty ($50.00) Dollars for each dog transported to the HSCA by the ACO. 3. The owner shall pay to the ACO a fee of Twenty-five ($25.00) Dollars for each dog returned directly to the owner. D. TRANSPORTATION AND RETURN OF ANIMALS. 1 . Upon capture of a dog running at large, the ACO may, in her discretion, return the animal to the owner and collect the required fee or take the animal directly to the HSCA. 2. No dog shall be returned directly to an owner who is not at home or who cannot otherwise be reasonably contacted. 3. If a dog owner notifies the ACO that the owner's dog is running at large, and the ACO determines that the incident is an isolated occurrence, the ACO may, in her discretion, return the dog to the owner without charge. E. RECORDS. 1 . The ACO shall maintain a log of all lost and found dogs in the Town, together with the disposition of the dog, which log shall be made available to the Town from time to time at its request. F. USE OF FIREARMS. 1. The ACO may use a firearm in the course of her duties in accord with all State regulations, including the possession of a valid permit and a Firearm Safety Certificate, copies of which shall be provided to the Town. 2. The ACO shall not destroy any animal except sick, severely injured or apparently dangerous or vicious animals. G. WILD ANIMALS. The Town has purchased a number of traps to be used in the capture of wild animals. Any wild animal complaints received by the Town shall be referred to the ACO. The ACO shall charge the complainant for her services in capturing and relocating wild animals. The Town shall not be responsible for costs or fees incurred in the trapping and relocation of wild animals. INSURANCE. The ACO shall maintain a general liability policy covering her during the performance of her duties with limits of One Hundred Thousand ($100,000.00) Dollars per occurrence, and a Three Hundred Thousand ($300,000.00) Dollars annual aggregate. The Town shall pay one-third (1/3) of the annual premium for such policy not to exceed Two Hundred Twenty-five ($225.00) Dollars. The Town shall not be responsible for the payment of any deductible applicable to a claim. The Town shall not be liable for any claims for damages resulting from injury to persons or property arising out of the conduct of the ACO's activities and the ACO shall hold the Town harmless from all such claims. Dated: 'p?/ , 2003 SHERRILL ID ANIMAL C NTROL OFFICER Dated: 2 0 2003 NEW N OWNSH)P BY: DENN S D:SEE ELDT CHAIRMAN Dated: / -a/-o j , 2003 BY: DOLO ESP RSON CLERK 3 NEW SCANDIA TOWNSHIP ORDINANCE NO. 75 AN ORDINANCE PROVIDING FOR IDENTIFICATION, REGULATION, CONFINEMENT AND DISPOSITION OF DOGS WITHIN NEW SCANDIA TOWNSHIP AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF The Town Board of Supervisors of New Scandia Township does ordain: Section 1. DEFINITIONS: A. Owner: Any person, group of persons or corporation, firm or partnership, owning, keeping or harboring a dog or dogs. The harborer of a dog shall mean any person who has custody of any dog or permits the same to be kept on or about his or her premises. B. At Large: A dog shall be termed to be at large when it is not under "restraint" as defined in this section. C. Restraint: A dog is under restraint within the meaning of this section if it is controlled by a leash not exceeding six (6) feet in length; if it is under the voice or signal command of a responsible person whom the dog will immediately obey; if it is within a vehicle being driven or parked on the public streets; and if it is within the limits of its owner's premises. D. Stray: Any unidentified dog, the owner of which is unknown and which is at large within the Township. E. Animal Control Authority: Any person, firm, agency or company hired or appointed by the Township to assist and/or enforce this ordinance or any police officer charged with enforcing this ordinance. F. Animal Shelter: Any premises designated by the Town Board for impounding and caring for all dogs found running at large. G. Attack: Any unprovoked, threatening aggressive behavior of a dog which puts a reasonable person in fear of immediate bodily harm. H. Biting Dog: Any dog which has bitten, scratched or caused any other injury to a human being in a location where, at the time of the attack, the victim was lawfully conducting himself or herself, including premises owned or controlled by the owner of the animal if such location is commonly open to the public, such as a driveway or boulevard, or the victim was on such premises at the express or implied invitation of the owner of the animal. Dangerous Dog: Any dog that has: (a) without provocation, inflicted substantial bodily harm on a human being on public or private property; (b) killed a domestic animal without provocation while off the owner's property; or • (c) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. J. Potentially Dangerous Dog: Any dog that: (a) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (b) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. K. Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss of impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Section 2. IDENTIFICATION: No person shall own, harbor, keep or have custody of a dog over six (6) months of age, within this Township, without the dog being identified by a device, tag or plate attached to the dog by a collar, harness or device giving the name and telephone number of the current owner. Section 3. RABIES VACCINATION: No person shall own, harbor, keep or have custody of a dog over six (6) months of age, within this Township, unless the dog has been vaccinated against rabies and the dog has attached to its • collar, harness or similar device a current rabies vaccination tag. Section 4. CONFINEMENT: The owner shall confine within a building or secure enclosure any fierce, dangerous or vicious dog, except when under restraint by a responsible person. Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital, or boarding kennel, or shall be controlled on a leash while being exercised. Section 5. AT LARGE: No owner shall permit his/her dog to be at large within the Township. Section 6. PUBLIC NUISANCE: No person shall keep or harbor a dog which is a public nuisance. A dog is a public nuisance that does any of the following: A. Destroys property or habitually trespasses in a damaging manner on property of persons other than the owner. B. Attacks or bites a person outside the owner's or custodian's premises. C. Shows vicious habits or molests pedestrians or persons riding or driving on the public streets or highways. D. Habitually barks, bays, cries, howls, or makes any other noise continuously for a period of 10 minutes or barks intermittently for 30 minutes or more, at any time, either day or night. A dog shall not be deemed a public nuisance if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property on which the dog is situated or when the dog is teased or provoked. Section 7. POISONING OF ANIMALS: It shall be unlawful for anyone to place upon the ground or in any other place, any poison, bait or other material intended to harm a dog. Section 8. IMPOUNDING: A. Unidenti#ied dogs, stray dogs and dogs found at large shall, except as provided in Subdivision B below, be taken by the Animal Control Authority of the Township and impounded in a shelter designated by the Township and there confined in a humane manner for a period of not less than 5 working days and may thereafter be disposed of as provided in this Ordinance. B. When a dog is found running at large and its ownership is known to the Animal Control Authority, such dog need not be impounded, but the Animal Control Authority may at his or her discretion return the dog to its owner and charge the owner or keeper with a violation of this Ordinance. 3 C. Immediately upon impounding a dog, the Animal Control Authority shall make a reasonable effort to notify the owner of the dog so impounded and inform the owner of the conditions whereby he or she may regain custody. Section 9. RECORDS: The animal shelter shall keep proper records of the impoundment and disposition of all animals coming into its custody. Section 10. REDEMPTION: Any dog may be redeemed by the owner after being impounded within five (5) working days after seizure of the dog upon payment of an impounding fee of$75.00 to the Clerk, or to such agent as the Town Board may designate plus the amount then being charged by the Animal Shelter for daily board. Section 11. DISPOSITION OF UNCLAIMED DOGS. A. Any dog which is not claimed within five (5) working days after impounding shall become the property of the Township and if not requested by a licensed educational or scientific institution under Minnesota Statutes 35.71, may be sold or painlessly killed. The Township's ownership interest in unclaimed dogs may be transferred to the Animal Control Authority by contract. B. If a dog is diseased, vicious, dangerous, rabid or exposed to rabies and the dog cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the persons attempting to impound the dog, the dog may be immediately killed. Section 12. RABIES CONTROL: Minnesota health laws and regulations are hereby adopted by reference to govern the possession, testing and disposition of rabid animals or animals suspected of being rabid. Section 13. INVESTIGATION: A. For the purpose of discharging the duties imposed by this Ordinance and to enforce its provisions, the Animal Control Authority is empowered to enter upon any premises upon which a dog is kept or harbored and demand exhibition by the owner of the identification tag and rabies tag of the dog. B. The Animal Control Authority of the Township may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal. C. No person shall interfere with, hinder or obstruct the Animal Control Authority in the performance of any duty of such person under this Ordinance or seek 4 to release any animal in the custody of the Town Board or the Animal Control Authority except as herein provided. Section 14. REGULATION OF DANGEROUS DOGS: A. Requirement: No person may own a dangerous dog unless the dog is registered as provided in this section. B. Registration: The Animal Control Authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (a) a proper enclosure exists for the dangerous dog and there is posted on the premises a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property; (b) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the Animal Control Authority in the sum of at least $50,000.00, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000.00, insuring the owner for any personal injuries inflicted by the dangerous dog; (c) the owner has paid an annual fee of not more than $500.00, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (d) the owner has had microchip identification implanted in the dangerous dog as required in Section C below. C. MICROCHIP IDENTIFICATION: The owner of a dangerous or potentially dangerous dog must have a microchip implanted in the dog for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Authority. Once implanted, no one, except a licensed veterinarian, shall remove a microchip from a dangerous dog. All costs related to the purchase and implantation of the microchip must be borne by the dog's owner. E. DANGEROUS DOGS; ADDITIONAL REQUIREMENTS: (a) An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a 5 substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. (b) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction. (c) An owner of a dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new jurisdiction within 30 days of the death or transfer, and must, if requested by the Animal Control Authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. (d) The Animal Control Authority may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized, the Animal Control Authority may have the animal sterilized at the owner's expense. (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that that person owns a dangerous dog that will reside at the property. (f) A person who sells a dangerous dog must notify the purchaser that the Animal Control Authority has identified the dog as dangerous. The seller must also notify the Animal Control Authority in writing of the sale and provide the Animal Control Authority with the new owner's name, address and telephone number. F. CONFISCATION: (a) Seizure: (1) The Animal Control Authority shall immediately seize any dangerous dog if: (I) 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered pursuant to Sections 14A and B herein; 6 (ii) 14 days after the owner has notice that the dog is dangerous, the owner does not secure the property liability insurance or surety coverage required by Section 14B herein; (iii) the dog is not maintained in the proper enclosure; or (iv) the dog is outside its proper enclosure and not under the physical restraint of a responsible person as required by Section 14E herein. (2) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. (b) Reclaimed: A dangerous dog seized under this Section may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Authority that the requirements of this Section will be met. A dog not reclaimed under this Subdivision within seven days may be disposed of as provided in Minn. Stat. §35.71, Subd. 3, and the owner is liable to the animal control authority for costs incurred in confining and disposing of the dog. (c) Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of this section and the person is charged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and tie owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided in Minn. Stat. §35.71, Subd. 3, and the owner 44 is liable to the Animal Control Authority for the costs incurred in confining, impounding, and disposing of the dog. Section 15. BITE CASES: It shall be the duty of every physician to report to the Animal Control Authority the names and addresses of persons treated for bites inflicted by animals within the Township, together with such other information as will aid in rabies control. Section 16. EXEMPTIONS TO THIS ORDINANCE: A. Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter except where duties are expressly stated to apply to them. B. The definition of"dangerous dog" and "biting dog" shall not apply to a dog under the control of or on duty with a law enforcement officer or to an attack by a dog upon an uninvited intruder who has entered any structure with criminal intent. C. The dog identification requirements of this Ordinance shall not apply to any dog belonging to a nonresident of the Township and kept within the Township for not longer than 30 days provided that all such dogs, shall, at all times while within the Township, be kept under restraint. Section 17. PENALTIES: Any person who shall violate sections 2 or 3 of this Ordinance shall be guilty of a petty misdemeanor. Each day that a person shall own, harbor, keep or have custody of a dog over six months of age within this Township without an identification tag and rabies tag shall be considered a separate violation. Any person who shall violate any of the terms and provisions of Sections 4, 5, 6, 7, 14 and 15 of this Ordinance shall be guilty of a misdemeanor. In addition, after a finding of a court of proper jurisdiction that a dog is a public nuisance as defined in Section 6, the Court may order that the dog be destroyed or that the owner or custodian remove it from the Township or keep it confined in a designated place. Section 18. REPEALER: Ordinances numbered 31 and 47 are hereby repealed in their entirety. Section 19. EFFECTIVE DATE: This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the Town board of New Scandia Township this 2 Sc d y o May, 2002.: "Dennis D. See eldt, Chairman ATTEST: Dolores Peterson, Clerk 8 • Humane Society for Companion Animals Mr. Dennis Seefeldt P.O. Box 128 Scandia, MN 55073 January 6, 2004 Dear Mr. Seefeldt, We were recently contacted about a decision made by the Scandia city counsel that would discontinue impoundment services and payment to the Humane Society for Companion Animals (HSCA) for stray felines. After consideration of this change the HSCA has decided, if this is a final decision, it will need discontinue impoundment services for the city of Scandia. There are two issues that are of concern to the HSCA related to impounding of only canines. When providing impoundment services the shelter becomes known throughout the community as the place to take stray animals. City residents will expect that if we impound stray canines we will also impound stray felines. If we agree to provide impoundment services for dogs only, as requested, the shelter will be in the difficult position of telling Scandia residents we cannot take stray cats. Additionally we will not be able to refer them anywhere because the city has not provided services for those animals. For a donor supported non-profit organization placing ourselves in this position could very well jeopardize our financial support. Accepting the stray felines is equally problematic for the HSCA. The shelter would still be required by state statue to hold those felines regardless of whether or not Scandia chooses to pay for impoundment. This would in effect result in the HSCA subsidizing Scandia's animal control program, something the shelter is financially not able to do. To continue to provide impoundment services for canines only we place ourselves in the position of choosing to subsidize a city animal control program or risking the loss of financial support by our donors. This would not be a good choice for the shelter or the thousands of animals that need our help each year. We endeavor to provide high quality services to the communities and animals that use our services. The HSCA would be happy to continue providing impoundment services for Scandia if the city chooses to include felines in its scope of animal control services. If this is not possible we will need to discontinue our relationship as a provider of impoundment services for stray or abandoned animals. Saint Paul location 1115 Beulah Lane Saint Paul MN 55108 shelter 651.645.7387 office 651.646.6821 fax 651.646.1420 Woodbury location 9785 Hudson Road Woodbury MN 55125 phone 651.730.6008 fax 651.730.6301 website www.hsca.net IMPROVING ANIMAL LIVES - FOSTERING HUMAN-ANIMAL BOND Thank you for your time and consideration of this situation. I hope we are able to reach a resolution that best meets the needs of the animals, the community and the city. I look forward to hearing from you and hope that we will continue to work together. If the city is not able to continue to pay for feline impoundment services I would appreciate receiving referral information so that shelter staff can provide Scandia residents seeking a lost pet accurate information about where to look. I can be reached by phone Monday, Wednesday, and Friday at 651-646-6821 x 107 or Tuesday, Thursday at 651-730-6008 x 22. Sincerely Bar _ennrich Director of Operations RECEIVED MAY h Z000 CITY OF SCANDIA Dear City Administrator: Animal Humane Society staff has been recently told that your municipality is refusing to grant permission to impound non-canine stray animals. I'm sorry, but we are not willing to continue to provide impounding services to municipalities that do not allow for services for cats/kittens and other-domestics. We believe that these animals have value and that municipalities have an obligation to provide animal control services for all domesticated species. Please notify your animal control or community service officers that services are to be provided for these animals and/or permission is to be granted when notified that a non-canine stray has been brought to the AHS by a citizen who found it in your jurisdiction. If you have questions or concerns or are no longer interested in contracting with AHS to provide impounding services, please contact me right away. I do want to work with you as much as I am able. I can be reached Monday through Friday at(651) 788-4675 or(651)402-8821 (cell), or at sarvidson(c�animalhumanesociety.orq. Thank you, Stacy Arvidson Site Manager-Woodbury location RECEIVED I animal humane society OCT 3 1 2008 CITY OF SCANDIA Dear City Administrator: Animal Humane Society staff has been recently told that your municipality is refusing to grant permission to impound non-canine stray animals. I'm sorry, but we are not willing to continue to provide impounding services to municipalities that do not allow for services for cats/kittens and other-domestics. We believe that these animals have value and that municipalities have an obligation to provide animal control services for all domesticated species. Please notify your animal control or community service officers that services are to be provided for these animals and/or permission is to be granted when notified that a non-canine stray has been brought to the AHS by a citizen who found it in your jurisdiction. If you have questions or concerns or are no longer interested in contracting with AHS to provide impounding services, please contact me right away. I do want to work with you as much as I am able. I can be reached Monday through Friday at(651) 788-4675 or(651)402-8821 (cell), or at sarvidson(a,animalhumanesociety.orq. Thank you, Stacy Arvidson Site Manager-Woodbury location CC- e Buffato m, Coon Rapids Golden Valley * St. Paul 1 Woodbury Telephone 763 522 4325 www.animalhumanesociety.org RECEIVED animal humane society �;.� ° CITY OF SCANDIA November 3, 2008 Anne Hurlburt City Administrator City of Scandia P.O. Box 128 Scandia, MN 55073 Dear Ms. Hurlburt, Thank you for your quick response to our concerns regarding impound services for cats and kittens. After speaking with Brenda Eklund on 11/3/08, I understand that the city of Scandia will not wish to continue impounding stray animals at the Animal Humane Society(AHS) due to our requirement for contracted municipalities to provide services for all domesticated species. Our current contract requires 30 days notice before termination of impound services. I understand that the city of Scandia may need more time to find an alternative impound facility so I would like to offer to continue to the current contract through the end of the 2008 calendar year. If you require more time,please contact me and I'm sure that we can work out a temporary arrangement together. This letter serves to confirm that the animal impound services contract between Scandia and the Animal Humane Society will end as of 1/1/2009. If you have further questions, please feel free to contact me at (651) 788-4675. Sincerely, A ! Stacy Arvidson Site Manager, Animal Humane Society Woodbury location cc: Sherrill Reid, Animal Control Officer Buffalo Coon Rapids Golden Valley * St. Pauli Woodbury Telephone 763 522 4325 www.animathumanesociety.org ANIMAL CONTROL CONTRACT This Agreement, made effective the first day of January, 2009, by and between Animal Control Services, hereinafter referred to as "ACS," and the City of Scandia, a municipal corporation, located in the County of Washington, State of Minnesota, hereinafter referred to as the "City". In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will continue in effect until December 31, 2009, unless terminated as provided herein. 2. ACS will provide services on a call out/as needed basis, in a vehicle suitable for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. The vehicle shall have proper identification displayed at all times. ACS shall maintain and insure such vehicles at all times. In addition to patrol hours, ACS agrees to maintain at least one vehicle for standby service to attend to cases outside regular patrol hours at the specific request of a law enforcement agency as approved by the City. 3. ACS shall provide competent personnel, trained in the handling of animals, in proper uniform and identification including employee's first name and/or employee number. 4. The City authorizes ACS to apprehend and retain dogs, cats, and other animals, and/or issue citation tags for violations of the City Ordinances related to animals. ACS will not take action on private property contrary to the expressed wishes of the owner of said property, nor forcibly take an animal from any person, without the instruction, approval and assistance of a duly licensed Minnesota Peace Officer with current jurisdiction that includes the private property where the animal is located. 5. ACS shall impound and board animals as directed by written order of an authorized City representative, or by ruling of the Minnesota Board of Health or other Minnesota or United States agency with jurisdiction. 6. Impounded animals shall be kept at Hillcrest Animal Hospital, 1320 County Road D Cir Maplewood, MN 55109, (651) 484-7211, and shall be kept in a suitable, humane manner for a period required by the City Ordinance. ACS may temporarily board at an emergency facility if access and/or treatment is not immediately available at Hillcrest Animal Hospital. 7. If an animal is unclaimed, the City will pay ACS the charges as agreed to on Exhibit A to this Agreement within thirty days of the Statement Date. 8. Before an animal is released to its owner, ACS or its agent shall collect the charges specified on Exhibit A to this Agreement. 9. In the event that any dogs, cats, or other impounded animals are unclaimed after the expiration of any applicable redemption or quarantine period, or six (6) days, whichever is longer, they shall become the property of ACS and may be disposed of or sold at its sole discretion. All proceeds from the disposition of such animals shall be the sole property of ACS, including any proceeds received from any animals disposed of in accordance with Minnesota Statutes 35.71. 10. The City shall furnish to ACS any required forms or receipts and ACS shall keep records of all animals impounded. 11. ACS shall defend, indemnify, and hold the City harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and property damage, including injury to animals caused by its employees. ACS shall provide the City proof of public liability insurance including comprehensive automobile liability in an amount of at least $500,000.00 per each claimant and $1,000,000.00 per occurrence and E.O.C. insurance in the amount of$250,000.00 per occurrence. ACS shall carry, and upon request of the City provide proof of Workers Compensation Insurance coverage required by Minnesota law. 12. ACS shall comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality, and shall hold the City and its employees harmless from any claims resulting from any improper disclosure or use of data it receives or maintains in performance of this Agreement. ACS shall immediately report to the City any requests from third parties for information relating to its performance of this Agreement. 13. ACS agrees to promptly respond to inquiries for information or documentation from the City related to its performance of this Agreement. 14. ACS agrees to abide by the requirements and regulations of the Americans with Disabilities Act of 1990 (ADA), the Humans Rights Act (Minnesota Chapter 363 and Title VII of the Civil Rights Act of 1964), and any laws governing discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this contract. 15. Either party hereto, may terminate this contract after thirty (30) days written notice to the other party. Any payments due ACS shall not be affected by termination. 16. Any notice required under applicable law or this Agreement, may be sent to the other party as indicated on Exhibit A herein. 17. ACS shall be entitled to apply a fuel surcharge in the event the average price for unleaded gasoline in the Twin Cities metropolitan area, as measured by AAA or similar reporting service, is $2.50 per gallon or higher. 2 i Richard L. Ruzicka Animal Control Services City of Scandia By: Its: 3 ANIMAL CONTROL CONTRACT EXHIBIT ONE CALL OUT $90 8:00 A.M. to 5:00 P.M. (Mon-Fri except holidays) $99 5:00 P.M. to 10:00 P.M. (Mon-Fri except holidays) $99 10:00 P.M. to 8:00 A.M. (Mon-Fri except holidays) $99 10:00 P.M. Friday- 8:00 A.M. Monday & holidays The Call Out rates are a flat fee, determined by the time the request is received by ACS. ANIMAL—OWNER CHARGES - CLAIMED $42.00 Administrative Handling Fee $18.00 Daily Boarding Fee Statutory Veterinary Services (at cost) ANIMAL— CITY CHARGES - UNCLAIMED $25.00 Animal Surrender Fee $17.00 Daily Boarding Fee $58.00 Euthanasia and Disposition Statutory Veterinary Services(at cost) Charges herein do not include any applicable sales taxes. Daily Boarding Fees are charged for all or any portion of a calendar day an animal is boarded. Notices pursuant to this contract shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: Mr. Richard L. Ruzicka Animal Control Services 6400 Colfax Avenue North Brooklyn Center, MN 55430 , As: City of Scandia Alternatively, notices required by this contract may be personally delivered to the persons named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail. 12/08 4 Brenda Eklund " J From: Jennifer Bouthilet [drbouthilet@hillcrestanimalhosp.com] Sent: Sunday, December 14, 2008 9:05 PM To: b.eklund©ci.scandia.mn.us Subject: Impound Boarding Dear Brenda, Here is the proposal for impound charges. If you have any questions, please feel free to call me or email me for clarification. 1. Each city generally determines their own impound fee. If the animal is claimed, it is up to the city how the impound fee is handled. Some cities want a separate check from the resident. Some would rather have us collect it and then deduct that amount from the city's bill. 2. Impound fee per day for the city is$16.00 for unclaimed animals. If the animal is claimed, the resident pays $19.00 per day boarding. Each city determines the length of impound time. Most common is five business days. 3. All animals that are euthanized or are DOA are cremated. (Long gone are the days when the animals were taken to the landfill or rendered). Euthanasia is$20. Cremation is$50. 4. None of us wish to euthanize more animals than absolutely necessary. In order to place as many animals as possible, I have a staff person dedicated to working with various rescue groups in order to find adoptive homes. Therefore, there is a $40 'disposal' fee for each impounded animal that is not claimed but then goes to rescue instead of being euthanized. This allows us to cover the costs of arranging adoptions but also saves the city some expense, because the animal is then not euthanized and cremated. 5. If an animal needs medical care and is brought in during office hours,first aid/stabilization is provided (including pain medication). Each city determines the maximum initial amount. A common figure is$100. If the animal needs medical attention and is picked up outside of office hours, it should be brought to an emergency clinic. 6. Administrative fee is$5.00 per animal. Again, please let me know if you have any questions. Sincerely, Jennifer Bouthilet DVM Hillcrest Animal Hospital 651-484-7211 1 Meeting Date: 12/16/2008 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve distribution of an Environmental Assessment Worksheet (EAW) for the Tiller Corporation's Zavoral Mining and Reclamation Project. Deadline/ Timeline: 30-day deadline to distribute EAW expires January 3, 2009 Background: • Tiller Corporation proposes to operate a gravel mine and processing facility on a 114-acre site located east of State Highway 95 (St. Croix Trail) at State Highway 97 (Scandia Trail) owned by Dr. James Zavoral. • The Minnesota Environmental Review Program requires preparation of an EAW to determine whether or not the project has the potential for significant environmental impacts and requires an EIS (Environmental Impact Statement.) The city is responsible for the completeness and accuracy of all information included in an EAW for which it is the RGU (responsible government unit.) • The City will not consider approval of any permits for the project until the environmental review process has been completed. • City Planner Sherri Buss has reviewed the draft EAW on the city's behalf and will present the attached report and recommendations at the meeting on December 18, 2008. The report lays out the schedule for distribution and review of the EAW, including an optional public meeting to receive comments on the EAW. Recommendation: I recommend that the Council review the EAW and approve it for distribution as required by the state rules. The Council should also determine whether a public meeting should be scheduled at the February 3, 2009 Planning Commission/City Council meeting to receive comments on the EAW. Attachments/ • TKDA Memorandum dated December 12, 2008 Materials provided: • Draft Environmental Assessment Worksheet Contact(s): Sherri Buss, TKDA(651) 292-4582 Prepared by: Anne Hurlburt, Administrator (EAW Zavoral Project) Page 1 of 1 12/10/08 • TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Tiller Corporation - EAW/CUP Anne Hurlburt, City Administrator Application for Zavoral Mine Copies To: Mike Caron, Tiller Corporation City of Scandia, Minnesota Kirsten Pauly, Sunde Engineering From: Sherri Buss, R.L.A. Proj. No.: 14059.015 Date: December 12, 2008 Routing: SUBJECT: Tiller Corporation, Inc. - EAW and CUP Application for Zavoral Mining and Reclamation Project MEETING DATE: December 16, 2008 LOCATION: Sections 18 and 19, Township 32 North, Range 19 West APPLICANT: Tiller Corporation P.O. Box 1480 Maple Grove, Minnesota 55311 120-DAY PERIOD: N/A ZONING: Agricultural District ITEMS REVIEWED: CUP Application, Plans, EAW and Related Submittals BRIEF DESCRIPTION OF THE REQUEST: Tiller Corporation has submitted an application for a Conditional Use Permit and Environmental Assessment Worksheet (EAW) for the Zavoral Mining and Reclamation Project. Tiller is requesting to operate a gravel mine and processing operation on a dormant, un-reclaimed gravel mine site. The application does not include mining into the ground water. The site was mined by multiple operators before it was taken out of production in the 1980's. The 114-acre site is located along St. Croix Trail North(State TH 95) near its intersection with State TH 97. A portion of the site is located in the St. Croix River District Zone. The Application indicates that the area proposed for sand and gravel mining activity is located outside the limits of the St. Croix River District zone. Reclamation activities are proposed within the Riverway Zone. Mining is not permitted within the Riverway Zone. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Scandia Planning Commission Page 2 December 16, 2008 Tiller Corporation EAW/CUP for Zavoral Mine The site proposed for mining and processing is within the Agriculture Zoning District under the City's current Comprehensive Plan. Mining is an allowed use within the Agriculture zone. State Rules 4410.4300 subpart 12 specify that an EAW is required for gravel mining activities that will excavate 40 or more acres of land to a mean depth of 10 feet or more. The previous mining activities on the site were not subject to environmental review. EVALUATION OF THE ADEQUACY OF THE EAW FOR REVIEW The Applicant is requesting a Conditional Use Permit (CUP) for a mining operation. The permit requirements are governed by the City's Ordinance No. 103, Mining and Related Activities. The General Provisions of the Ordinance state that "In cases where a mandatory or discretionary EAW is required, or an EIS is required, those documents shall be prepared and accepted by the City before application for a CUP." [Section 3.1(3)] The EAW was submitted with the CUP Application to the Planner on November 25. The Planner identified some incomplete items in the EAW, and requested that the EAW be revised on November 26. The Applicant submitted a revised EAW on December 4, including the requested items. The Planner reviewed the EAW based on the requirements for information and analysis, and notified the Applicant that it is complete. The City is the Responsible Governmental Unit(RGU) for the EAW. The RGU has 30 days from the time that the document is determined to be complete to add additional material and approve the EAW for distribution to the reviewing agencies. EVALUATION OF THE COMPLETENESS OF THE CUP APPLICATION AND RELATIONSHIP TO THE EAW PROCESS The Planner has reviewed the CUP Application for the Zavoral Mining and Reclamation project. Some of the items required by Ordinance No. 103 are not included in the application, and therefore it is not complete. The Planner will provide a list of the required items to the Applicant. State law requires that when environmental review is being conducted a project may not proceed, and permits authorizing the project may not be issued. Therefore, the City may not issue the CUP for the proposed project until the EAW process has been completed. WHAT DOES APPROVAL OF THE EAW FOR DISTRIBUTION MEAN? When the City Council approves the EAW for review, it indicates that the document includes at least the minimum contents required by State rules and the EQB document format. It indicates that the City is seeking comments from all of the reviewing agencies and the public regarding the proposed mining operation. Scandia Planning Commission Page 3 December 16, 2008 Tiller Corporation EAW/CUP for Zavoral Mine Approval for distribution does not mean that the City has found that the project is free of potential environmental impacts, or that the City has determined that no EIS is needed. The Finding of Fact and determination of need for an EIS will be made based on the comments received from the reviewing agencies and the public. The agencies and the public may also comment that additional studies or analysis of potential environmental impacts are needed, if they believe that these are warranted. Approval of the EAW does not indicate that the Applicant has met local requirements for the CUP. The City is not obligated to approve the project by approving the EAW for distribution. TKDA's Traffic Engineer, Civil Engineer and Planner will continue to review the EAW, and provide additional comments as part of the 30-day review period. We will also request that Leggette, Brashears and Graham (LBG) review the EAW to identify the potential for groundwater impacts, as they did for other recent mining applications. The Application to mine adjacent to the St. Croix Riverway, and carry out reclamation activities within the Riverway, raises a number of significant issues. The Planner is proposing that the document be distributed for review to obtain the fullest possible review and comment from interested agencies and the public, to inform the City as it makes decisions regarding the EAW and CUP. SCHEDULE FOR REVIEW OF THE EAW If the City Council approves the EAW for distribution on December 16, the schedule for the EAW review will be as follows: December 16, 2008 Council approves distribution December 29 Deadline for submission of EAW Notice to EQB Monitor • Planner develops mailing list for the EAW, including all of those identified on the EQB's Distribution List (attached), and any others recommended by the City. We will add the National Park Service to the list, as they are the managers of the St. Croix Riverway • The City must also send a press release to at least one newspaper January 5, 2009 Notice published in the EQB Monitor that the EAW for Zavoral Project is available for review. The 30-day review period begins. February 3 Optional Public Meeting or Public Hearing at the Planning Commission meeting to receive comments on the EAW February 4 30 day review period ends • City staff and Applicant prepare responses to comments and findings of fact. March 3 City Council reviews responses to comments and findings of fact. Determines need for an EIS. March 16 Notice of Decision published in the EQB Monitor ACTION REQUESTED: The City Council can do one or more of the following: Scandia Planning Commission Page 4 December 16, 2008 Tiller Corporation EAW/CUP for Zavoral Mine 1. Request additional information or changes to the EAW from the Applicant 2. Approve the EAW for distribution. 3. Schedule the public meeting or public hearing on the EAW at the February 3 Planning Commission meeting PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Council approve the EAW for distribution, to obtain the fullest possible review and comment from interested agencies and the public on the proposed Zavoral Mining and Reclamation Project. The Planner also recommends that the Council schedule a public meeting on the EAW at the February 3 Planning Commission meeting, to receive public comments on the proposed project. ACTION REQUESTED: Staff request that the Council review and discuss this report and the EAW, determine whether the EAW should be approved for distribution, and determine the need for a public meeting or hearing on the EAW at the Council meeting on December 16. lti j November 2008 ENVIRONMENTAL ASSESSMENT WORKSHEET ZAVORAL PROPERTY MINING AND RECLAMATION PROJECT SCANDIA, MN Immiim Sunde 11410f Consulting Civil Engineers Sunde Engineering,PLLC. 10830 Nesbitt Avenue South • Bloomington,Minnesota 55437-3100 Phone:(952)881-3344 • Fax: (952)881-1913 • E-Mail: info@sundecivil.com Version 8/08rev ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form and EAW Guidelines are available at the Environmental Quality Board's website at: http://www.egb.state.mn.us/EnvRevGuidanceDocuments.htm. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects.The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared.The project proposer must supply any reasonably accessible data for—but should not complete—the final worksheet. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers:Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor.Comments should address the accuracy and completeness of information,potential impacts that warrant further investigation and the need for an EIS. 1. Project title Zavoral Property Mining and Reclamation 2. Proposer Tiller Corporation 3. RGU City of Scandia Contact person Mike Caron Contact person Ann Hurlburt Title Director of Land Use Affairs Title Administrator Address PO Box 1480 Address 14727 209th Street City,state,ZIP Maple Grove, MN 553 1 1-6480 City,state,ZIP Scandia, MN 55073 Phone (763)425-4191 Phone (651)433-2274 Fax (763)425-7153 Fax (651)433-5112 E-mail mikec@tillercorp.com E-mail a.hurlburt@ci.scandia.mn.us 4. Reason for EAW preparation(check one) EIS scoping X Mandatory EAW_Citizen petition _RGU discretion Proposer volunteered If EAW or EIS is mandatory give EQB rule category subpart number 4410.4300 Subp. 12B and subpart name: Non Metallic Mineral Mining 5. Project location County Washington County City/Township City of Scandia SW'/<of Section 18,and the N'/z of the NW/4 of Section 19,both in Township 32 N,Range 19 W GPS Coordinates N W Tax Parcel Numbers: 1803219310001 1803219320003 1803219330003 1803219330004 1803219340001 1903219220001 1903219210002 Attach each of the following to the EAW: • County map showing the general location of the project;See Figure 1. • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); See Figure 2. • Site plan showing all significant project and natural features. See Figure 3. 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project involves mining and reclamation of a dormant,un-reclaimed gravel mine. The operation will include extraction,crushing,washing,stockpiling,hauling and reclamation operations. Reclamation of the property will stabilize previously disturbed areas and enable the site to be reused in compliance with adopted current comprehensive land-use plans and regulations. 1 , y b.Give a complete description of the proposed project and related new construction.Attach additional sheets as necessary.Emphasize construction,operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition,removal or remodeling of existing structures.Indicate the timing and duration of construction activities. The proposed project is located on a parcel of property which encompasses 114 Acres. Mining activity has previously disturbed approximately 56 acres. The site was actively mined in the mid-sixties through the eighties. Mining operations included stripping,extraction,crushing, washing,hot mix asphalt production,stockpiling and hauling from the site. The operation was taken out of production without reclamation in the 1980's. All processing equipment has been removed from the site;however the site has not been reclaimed. Most recently the site has been used as a source of aggregate from stockpiles located throughout the site. Much of the material in the stockpiles has been removed over the last eight to ten years,but there are irregular landforms because the site has not been reclaimed. The project involves mining and restoration of 64 acres located predominantly on the previously disturbed portions of the site. The active mining area will include mining to an additional depth of about 15 feet and expanding the limits of mining by about 8 acres. In addition,4 acres of previously mined area that is located within the St.Croix River District and scenic easement area,is not included in the current mining proposal but will be restored during the final phase of restoration of the active mining site. The restoration of this portion of the project will be completed within one construction season. Figure 3 illustrates the previously disturbed and undisturbed mining and reclamation areas. The remainder of the site,which is situated between the St.Croix River and State Highway 95,is heavily wooded and will remain as buffer area. The mining operation will not be visible from the St.Croix River. Railroad tracks run through the very eastern portion of the property. A portion of the project lies within the St.Croix River District and the St.Croix River is a federally designated Scenic Riverway. Sand and gravel operations are not proposed within the River District. Historically,mining activities did occur on approximately four acres that are within the areas now designated St.Croix River District and scenic easement. This area will be included in the final restoration activities of the overall operations,but will not be included in the active mining operation. Slopes will be graded and shaped to those indicated on the final restoration plan,topsoil will be applied and vegetation established to allow uniform topography throughout the mined area and leave the site totally restored. Mining activities will include the extraction,crushing,washing,stockpiling,and hauling of aggregate and the recycling of concrete and asphalt materials. Mining operations will be conducted on a seasonal basis,typically from April through mid November. The site will be worked in phases with the duration of the project expected to be no more than 10 years. As with most mining operations,overburden will initially be removed from new areas to be mined. The overburden is stockpiled on site and later used for reclamation. However,since the majority of mining will take place on previously disturbed areas,there is very little additional stripping work to be performed as part of the project. Once an area has been stripped,aggregate is excavated using front-end loaders and is then crushed,screened,washed and stockpiled for sale and distribution from the site. The site will typically operate from 7:00 am—7:00 pm Monday through Friday. Portable processing equipment will be brought to the site as needed. The equipment will operate until a sufficient volume of material has been processed and stockpiled and then the processing equipment will be removed from the site. When the stockpiled aggregates are nearing depletion,the portable 2 equipment will be brought back to the site to replenish the stockpiles. Reclamation activity will proceed as areas of mining are completed. Perimeter areas will be sloped and the interior areas backfilled and graded to restoration grades. Topsoil will be applied and vegetation established to reduce erosion. The site will be left in a condition consistent with current local land use rules regulating sand and gravel mining reclamation. The Reclamation Plan,Figure 4,illustrates the proposed activities. c. Explain the project purpose; if the project will be carried out by a governmental unit,explain the need for the project and identify its beneficiaries. The purpose of the project is two-fold. It will provide local aggregates to surrounding communities. The aggregate produced at this site will be utilized in State,County and local public improvement projects as well as for private construction projects. The project will also complete restoration on the proposed active area as well as in previously mined areas. Restoration will improve the character of the property and increase the stability of the soils thereby minimizing environmental effects of unreclaimed areas due to potential erosion and sedimentation. d.Are future stages of this development including development on any other property planned or likely to happen?_Yes X No If yes,briefly describe future stages,relationship to present project,timeline and plans for environmental review. e. Is this project a subsequent stage of an earlier project? X Yes _No If yes,briefly describe the past development,timeline and any past environmental review. Past mining activity has occurred throughout portions of the property. Past mining activity predated reclamation requirements,which were not part of the previous regulatory framework. This project will allow the reclamation step to occur. Currently the site is permitted for hauling of aggregates from existing on-site stockpiles. Environmental review has not been conducted for this site. 7. Project magnitude data Total project acreage: 114 acres Number of residential units: unattached attached maximum units per building Commercial,industrial or institutional building area(gross floor space): total square feet Indicate areas of specific uses(in square feet): Office 0 Manufacturing 0 Retail 0 Other industrial 0 Warehouse 0 Institutional 0 Light industrial 0 Agricultural 0 Other commercial(specify) 0 Other: Mining&Reclamation: 60 Acres Reclamation Only:4 Acres Setbacks and Undisturbed Areas: 50 Acres Building height If over 2 stories,compare to heights of nearby buildings Processing equipment will reach 25 feet in height. Stockpiles may extend to 50 feet in height. The equipment and stockpiles will be placed in lower areas of the mining operation,reducing their visibility. Because of the recessed nature of the processing and stockpile areas,the height of the equipment and stockpiles will generally be lower than any surrounding structures and will not be visible from the St Croix River. 3 8. Permits and approvals required. List all known local,state and federal permits,approvals and financial assistance for the project. Include modifications of any existing permits,governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees,Tax Increment Financing and infrastructure. All of these final decisions are prohibited until all appropriate environmental review has been completed.See Minnesota Rules, Chapter 4410.3100. Unit of government Type of application Status City of Scandia CUP Mining Permit to be obtained City of Scandia Annual Operators Permit to be obtained Carnelian-Marine-St,Croix WD Watershed District Permit to be obtained MN Pollution Control Agency NPDES Storm Water add to multiple site permit MN Dept.of Natural Resources Water Appropriations to be obtained MN Pollution Control Agency Air Emissions Permit add to multiple site permit MN Dept.of Transportation Access Permit to be obtained 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters.Identify any potential environmental hazards due to past site uses,such as soil contamination or abandoned storage tanks,or proximity to nearby hazardous liquid or gas pipelines. Current and recent past land use of the site itself includes mining and stockpiling aggregates, agricultural,rural residential and open space. The site is zoned Agricultural and mining is an allowed use within the Agricultural Zone. Portions of the site are within the St.Croix River District and some portions are covered by Scenic Easements granted to the federal government. Mining is not allowed,and is not proposed,within the St.Croix River District or on property covered by Scenic Easements. Surrounding the site is rural residential,agricultural,scenic riverway,and a scenic byway(State Highway 95). A bike path is situated along a portion of the western border of the site. The bike path ends at the site access,near the intersection of State Highway 95(Hwy 95)and State Highway 97(Hwy 97). The location of the bike path is indicated on Figure 4. 10. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: Before After Before After Types 1-8 wetlands Lawn/landscaping Wooded/forest 41 37 Impervious surfaces Brush/Grassland 10 73* Stormwater Pond Cropland 7 4 Other(describe): disturbed area from past mining 56 0 TOTAL 114 114 If Before and After totals are not equal,explain why: Figure 5 is an aerial photograph of the site illustrating the current cover types. * Upon conclusion of the operation,restoration will leave the disturbed area stabilized as grassland with an option to add trees. In the interim,during the mining operation,60 acres will be mined. In addition,four acres of previously disturbed area located within the St. Croix River District and Scenic easement area will be restored as a final phase of activity. 4 11. Fish,wildlife and ecologically sensitive resources a.Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project.Describe any measures to be taken to minimize or avoid impacts. The portion of the site proposed for mining provides a limited habitat for wildlife,primarily due to past mining activity that has left disturbed portions of the site unreclaimed. Active mining will alter a small area of woods and cropland that may result in the temporary reduction of wildlife habitat. The portion of the site that will not be disturbed as a result of mining includes 50 acres of woods situated predominantly on the bluff of the MN River and along the very southern portion of the property. This wooded area outside of the mining limits and previously disturbed areas will remain as undisturbed buffer area and continue to provide a variety of wildlife habitats The St. Croix River is home to a number of threatened mussel species that are particularly sensitive to increased siltation. The project,by restoring the unreclaimed mining operation will improve site stabilization and improve the quality of stormwater runoff from the site. This will have a beneficial impact on the water quality of the St.Croix River. Upon completion of the mining activity and the restoration of all previously disturbed areas,the site will also have greater habitat continuity and wildlife habitat will be improved. b.Are any state-listed(endangered,threatened or special concern)species,rare plant communities or other sensitive ecological resources on or near the site? X Yes _No If yes,describe the resource and how it would be affected by the project.Describe any measures that will be taken to minimize or avoid adverse impacts. Provide the license agreement number (LA-_)and/or Division of Ecological Resources contact number(ERDB 20080847)from which the data were obtained and attach the response letter from the DNR Division of Ecological Resources. Indicate if any additional survey work has been conducted within the site and describe the results. The DNR was requested to provide natural heritage information for the project area and the vicinity within approximately 1 mile of the site which includes portions of the St.Croix River. The DNR's Natural Heritage and Non-game report for the site and the area within about a 1-mile radius of the site indicates that there are a number of known occurrences of rare species within the area.The majority of these occurrences are in or immediately adjacent to the St.Croix River. A copy of the DNR letter and the Index Report is included as Attachment 1. A discussion of the features that may be present on the site or impacted by the project as well as the proposed mitigation is presented below. Forested Areas: The forested area within the property is part of a regionally significant Ecological Area and is important because it contains habitat suitable for rare,threatened or endangered species. The impact to the forested area is minimized because the vast majority of activity will occur on previously disturbed areas that are not wooded. Just under 8 acres of undisturbed area will be mined. These eight acres are composed of approximately 3 acres of agricultural land and 4.5 acres of woods. The 50 acres of the property that will not be disturbed is composed predominantly of wooded area forming a contiguous forest to the north and south along the bluff line of the St.Croix River. Blandings Turtles: Blanding's turtles have been sighted in the vicinity of the Project. The Blanding's Turtle is a state listed threatened species. Banding's Turtles nest in open sandy areas. The DNR has provided a number of recommendations for minimizing impacts to Blanding's turtles. The recommendations that will be followed include distributing a flyer with an illustration of a Blanding's turtle to all of the employees that work at the site. The flyer will also be kept on site. Turtles that are in imminent danger will be moved out of harms way by hand. Those that are not in imminent danger will be left undisturbed. If a Blanding's turtle is observed nesting at the site,the nest will be marked and left undisturbed. Any silt fencing used as part of stormwater management will be removed upon the revegetaton of the site. Restoration will include the revegetation of the site with native grasses and forbs. 5 Red-Shouldered Hawk: According to the DNR report,this hawk has been documented in the wooded areas along the St.Croix River in the vicinity of the proposed project. The report states,"This species requires large,contiguous forest tracts interspersed with wetlands and prefers lowland woods and river bottoms." As previously mentioned,the forest areas located on the site will remain largely undisturbed. The forested bluff area will remain lending to the contiguous habitat preferred by the Red Shouldered Hawk. Mussels: The DNR states that"mussels are particularly vulnerable to deterioration in water quality, especially increased siltation. As such,the mining project should not be allowed to negatively affect the water quality of the St.Croix River. Towards this end,a buffer of vegetation should remain between the mine and the river,and sound erosion and sediment control practices should be implemented and maintained for the duration of the project The project will involve the final restoration of the site which will increase site stabilization and vegetative cover thereby decreasing the potential for siltation within the St.Croix River. The project should have a positive impact on the water quality of the St.Croix River. The site will operate under a NPDES permit and a stormwater pollution prevention plan will be prepared to include site specific best management practices BMPs for erosion and sedimentation control. These may include temporary sedimentation basins,revegetation of restored areas,silt fence in areas where needed, diversions berms,swales,routine inspections and other BMPs as may be useful in ensuring that no untreated stormwater leaves the site. The washing process will utilize sedimentation ponds and recycle water back to the washplant. There will be no discharge of washwater off the site. A substantial vegetated buffer ranging from approximately 1,000 feet to 1,300 feet between the eastern limits of mining and the river will remain untouched. Bog Bluegrass and Kitten-tails:Bog Bluegrass and kitten-tails are both state—listed threatened plants which have been located in the vicinity of the project area. Bog Bluegrass is associated with wetland habitats associated with groundwater seeps. Mining limits within the Project are well above the water table. The DNR identified two seepage swamps on the property and recommends avoiding these areas. These areas are outside of the proposed mining and restoration limits and will not be impacted by the Project.Therefore,the project is not likely to have any impact on Bog Bluegrass. Kitten-tails are found on the bluffs and terraces of the St.Croix River. The white pine/hardwood forest which covers a portion of the site may be potential habitat for the kitten-tails. While impacts to the majority of the wooded area will be avoided,a small area of woods on the southern end of the project will be impacted. Prior to activity in this area,a botanical survey will be conducted to determine if any kitten-tails occur in this area. The survey will take place at the appropriate time of the year which is May 1 to the l S`or 2nd week of June or later depending on snow cover in late April. A proposed survey plan will be submitted to the DNR prior to the survey work. Minnesota's endangered species law and associated rules prohibit the picking,digging or destroying of threatened or endangered species without a permit. American Ginseng: American Ginseng is a state listed plant species of special concern that is found in mature hardwood forests providing 75%shade. The plant grows best on moist,well-drained slopes. The proposed project is located almost entirely within an area that has previously been disturbed by mining. As a result,there will be very little tree removal associated with this project. There is a small area of woods,approximately 6 acres in size,located in the southern portion of the project which will be cleared. The remaining wooded portion of the property encompassing approximately 50 acres of mature hardwood forest located on the bluffs of the St.Croix will remain undisturbed and continue to provide habitat for American Ginseng. A botanical survey will be conducted to determine if American Gingseng occurs in this area. The survey will take place at the appropriate time of the year,which is not before July 1 and with August the easiest time to identify the plants. A proposed survey plan will be submitted to the DNR prior to the survey work. Minnesota's endangered species law and associated rules prohibit the picking,digging or destroying of threatened or endangered species without a permit. 6 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration—dredging,filling,stream diversion,outfall structure,diking,and impoundment— of any surface waters such as a lake,pond,wetland,stream or drainage ditch? _Yes X No If yes,identify water resource affected and give the DNR Public Waters Inventory number(s)if the water resources affected are on the PWI: Describe alternatives considered and proposed mitigation measures to minimize impacts. The National Wetland Inventory(NWI)map indicates the potential for a small PUBGx (palustrine/unconsolidated bottom/intermittently exposed/excavated) wetland within the mining area. The site has been evaluated by wetland specialists with Earth Tech,Inc. Their field investigation determined that there are no jurisdictional wetlands on site. Only upland vegetation and hydrology were noted. The Washington County Soil Survey indicates that the site soils are silty loamy,loamy sands and gravelly loamy coarse sand. No hydric soils are evident on the site. Figure 6 is an excerpt from the NWI Scandia and Marine on St. Croix quadrangle maps. A copy of the report is included as Attachment 2. The DNRs review of the potential for impact to rare elements also included a map that identified two areas of black ash swamp subtype located on the project site. These two areas are not located within the mining area and will not be impacted by the Project. 13. Water use.Will the project involve installation or abandonment of any water wells,connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? X Yes _No If yes,as applicable,give location and purpose of any new wells;public supply affected,changes to be made,and water quantities to be used;the source,duration,quantity and purpose of any appropriations;and unique well numbers and DNR appropriation permit numbers,if known. Identify any existing and new wells on the site map.If there are no wells known on site,explain methodology used to determine. There is one production well located within the active mining area. The well was previously used as a supply well for the washing operation. If water use is expected to exceed thresholds established by DNR,a water appropriations permit will be obtained. 14. Water-related land use management district. Does any part of the project involve a shoreland zoning district,a delineated 100-year flood plain,or a state or federally designated wild or scenic river land use district? X Yes _No If yes,identify the district and discuss project compatibility with district land use restrictions. The site is located near the St. Croix River,a federally designated National Scenic Riverway. A portion of the site is located in the St.Croix River District zone,a land use zoning district established by the city of Scandia. The extent of the St.Croix River District zone in this vicinity is illustrated on Figure 7. The area proposed for sand and gravel mining is located outside of the limits of the St. Croix River District zone. Some portions of the site are covered by Scenic Easements granted to the federal government and managed by the National Park Service as part of the management plan for the Lower St. Croix River National Scenic Riverway.Under this program,in October 1990,the National Park Service acquired easements it has determined are needed to implement the Management Plan for the river. The easements cover an area in the eastern portion of the site and restrict development to those uses and activities lawfully in existence prior to the acquisition of the easement. Any construction or topographic alteration requires the prior consent of the National Park Service. The Scenic Easement areas are illustrated on Figure 8. Activity proposed within the St.Croix River District zone and Scenic Easement area is limited only to final restoration activities of previously disturbed portions of the site. The reclamation activity is 7 planned to occur as the final phase of restoration and will be conducted entirely within one construction season to minimize disturbance and improve long term stability of these areas. Reclamation will involve final grading to blend into adjacent grades,backfilling to a maximum slope of 4:1 as may be needed to stabilize existing steep slopes,application of topsoil and establishment of vegetation to produce a condition of stability. There will be no clearing of trees,stripping of topsoil or any activity in previously undisturbed portions of the site within the St.Croix River District zone or Scenic Easement areas. The reclamation activity will be setback from the St.Croix River 1,000 feet or more. Existing topography and the heavily wooded bluff will prevent any of the proposed operations from being visible from the river. A cross section which illustrates the existing grades and the proposed reclamation grades with respect to the river is shown on Figure 9. The reclamation and restoration activities proposed to be undertaken as part of this project will only be undertaken if after the review by the National Park Service it is determined that the restoration should occur in the segment of the property covered by the easement rights and if after review by the city of Scandia it is determined the restoration should occur in the segment of the property zoned St. Croix River District. 15. Water surface use. Will the project change the number or type of watercraft on any water body? Yes X No If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation.Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 64 ;cubic yards 1.2mcy . Describe any steep slopes or highly erodible soils and identify them on the site map.Describe any erosion and sedimentation control measures to be used during and after project construction. As a result of the previous mining,a variety of soil types have been exposed. Some of the site soils pose a severe erosion hazard,particularly the Emmert soils. However,most of the areas occupied by this soil type will remain undisturbed, with the exception of very small areas in the extreme northern and southern portions of the site. Erosion of the Antigo silt loam is severe when disturbed. The surface layer of the Santiago silt loam is easily erode-able on steeper slopes,however this soil tends to seal during rains and crust on drying. The Gotham loamy sand blows easily and erosion can be a problem if no vegetated cover is present. Control measures include establishing vegetation over topsoil on finished elevations after mining operations in the area have ceased. Restoration measures will help stabilize slopes formed during reclamation. Vegetation and stabilization of slopes will decrease surface runoff and sedimentation. Runoff is directed to onsite low areas established throughout the active mining area as mining progresses. This prevents runoff containing a high sediment load from leaving the site during active mining operations. The site is located adjacent to the bluff line of the St.Croix River Valley—drainage ways are carved through the bluffs and represent areas of active erosion. Reclamation grades will incorporate stormwater basins with outlets and outlet protection to control runoff into the drainageways and reduce erosion associated with the drainageways. Upon final development of the site,additional controls and best management practices will be required to conform with stormwater management regulations regarding stormwater quality as well as rate and volume control in effect at that time. 8 17. Water quality: surface water runoff a.Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The general direction of stormwater runoff is to the east towards the bluffs of the St. Croix River. Prior mining has altered storm water runoff patterns,quantity and quality at the site. Stormwater runoff patterns will continue to be modified with the progression of mining. The Restoration Plan contemplates establishing grades that will provide for collection and treatment of stormwater runoff at two locations within the interior of the site prior to discharge from the mining area. A pollution prevention plan will be implemented for this site in conjunction with the MPCA NPDES permit. The plan will utilize best management practices to minimize or prevent discharge of storm water runoff from becoming contaminated or for sediment laden storm water from being discharged off site. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters.Estimate impact runoff on the quality of receiving waters. The site generally drains east towards the St. Croix River. Runoff generated on active mining areas will be contained within the mining area of the site,draining to low areas created during the extraction processes. Diversion berms,silt fence,temporary sedimentation basins and other best management practices will be utilized as needed to contain stormwater runoff during the extraction process. Final reclamation will restore drainage patterns to the original drainage patterns. Any stormwater contacting exposed soils will be treated prior to discharge off-site. Surface water runoff will infiltrate into the underlying granular soils. 18. Water quality: wastewaters a.Describe sources,composition and quantities of all sanitary,municipal and industrial wastewater produced or treated at the site. Sanitary or municipal wastewater will not be generated at the site. Industrial wastewater will be limited to that reused in the portable washplant,which will operate periodically at the site. The water in the washplant will not contain chemical additives. Washwater will be managed in an on-site recycling basin where washwater and fines will be recycled. These operations will be permitted by MPCA and washwater will not be discharged from the site. b.Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters,including major downstream water bodies(identifying any impaired waters),and estimate the discharge impact on the quality of receiving waters. If the project involves on-site sewage systems,discuss the suitability of site conditions for such systems. On-site treatment of washwater will be through a series of sedimentation ponds. Chemicals will not be added to the wash plant process or sedimentation ponds. After passing through a series of sedimentation ponds to treat the suspended sediment load,the water will be returned to the washplant. All of the washwater will be recycled and it will not be discharged off site. c. If wastes will be discharged into a publicly owned treatment facility,identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes,identifying any improvements necessary. Not applicable 9 19. Geologic hazards and soil conditions a. Approximate depth(in feet)to ground water: whole site: 0 ft minimum 55 ft average active mining areas: 30 ft minimum 60 ft average to bedrock: whole site: 0 ft minimum 70 ft average active mining areas: 10 ft minimum 60 ft average Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes,shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. Although much of the surrounding region displays minor karst characteristics,the mining site itself does not contain any known sinkholes or other karst-related features. The site is located adjacent to the St.Croix River. The river has a significant affect on the ground water flow regime and it is a surface expression of the groundwater table. Surficial aquifer ground water flow is to the east,towards the St.Croix River Valley. The Washington County Geologic Atlas indicates that the ground water table elevation at the site varies from approximately 840 feet above mean sea level(MSL)on the western portion of the site to approximately 690 feet above MSL adjacent to the river. Based on exploratory borings,excavation is expected to occur to a maximum depth of approximately 840 feet above MSL. In areas where excavation reaches approximately 840 feet above MSL the groundwater table is below this elevation. Excavation below the water table is not being proposed and a minimum separation of three feet between the bottom of the excavation and the groundwater table will be maintained throughout the entire site. In the underlying bedrock aquifer (the Prairie du Chien-Jordon Aquifer)groundwater flow is also to the east discharging into the St. Croix River. At least one ground water monitoring well will be installed down gradient of the stockpiling and mining operations as required by the City of Scandia's Ordinance No. 103. The well will be completed in the upper portion of the groundwater table and sampled on an annual basis for diesel range organics. A comprehensive groundwater protection plan will be developed as part of the City's Conditional Use Permit and Annual Operating Permit processes. The bedrock subcrop beneath the northernmost portion of the site consists of the Ordovician Prairie du Chien. In the southern portion of the site,the Cambrian Jordan Sandstone forms the subcrop. Moving east through the valley,the river has cut through the St. Lawrence,Franconia and the Ironton-Galesville Formations. Depth to bedrock ranges from 0 to over 100 feet,with bedrock elevations of about 750 to 880 feet above MSL b.Describe the soils on the site,giving NRCS(SCS)classifications,if known.Discuss soil texture and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.Discuss any mitigation measures to prevent such contamination. According to the Washington County Soil Survey,the site area consists of silt loams,loamy sands, gravelly loamy coarse sand,a rock outcrop complex,and areas of past and active gravel pits. The gravel pit areas comprise the most predominant soil classification and cover about 42.8%of the site. The Emmert gravelly loamy coarse sand and the Emmert loamy coarse sand covers 23.9%and 2.2%, respectively,of the site. Other soil types found on the site are the Gotham loamy sand(12.8%), Antigo silt loarns(11.3%),Santiago silt loams(5.0%),and the Mahtomedi Variant-Rock outcrop complex(2.0%). The Emmert soils are excessively drained,with very rapid permeability that formed on outwash plains in noncalcareous sand and gravelly sand outwash. The Gotham soil is a well-drained,rapidly permeable soil that formed on outwash plains in loamy sand or sand of 4' or greater thickness. The 10 Antigo soils are well drained with moderate permeability in the upper silty mantle and very rapid permeability in the underlying material. The Antigo soils formed in a moderately deep silty mantle over sandy outwash. Santiago soils are well-drained, moderately slowly permeable soils on loess- mantled glacial uplands. These soils formed in 15-30 inches of loess and the underlying loamy glacial till. The Mahtomedi Variant is comprised of excessively drained, rapidly permeable soils on bedrock-controlled uplands that formed in a dominantly sandy mantle of erosional sediments and residuum weathered from sandstone bedrock. Because of the poor filtering capability of granular soils, removal of high permeability soils will not significantly increase susceptibility of the ground water to contamination. Measures will be taken to reduce the potential for ground water contamination, including secondary containment of fuel and petroleum product storage tanks,prohibiting additives in washplant operations,and conducting limited truck maintenance,oil changes,fueling etc.over impermeable surfaces. In addition,upon conclusion of mining, reclamation,using lower permeable materials as backfill and reapplication of topsoil will provide some filtering and attenuation capacity. Figure 10 is an excerpt of the Washington County Soil Survey. 20. Solid wastes,hazardous wastes,storage tanks a. Describe types,amounts and compositions of solid or hazardous wastes,including solid animal manure,sludge and ash,produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste,indicate if there is a source separation plan;describe how the project will be modified for recycling.If hazardous waste is generated,indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Solid wastes will not be produced at this site. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste,discharge or emission,discuss any alternatives considered to minimize or eliminate the waste,discharge or emission. The site will generate very small quantities of hazardous waste when performing routine maintenance (oil changes,etc.)on on-site equipment. A service truck will come to the site to perform routine maintenance. The service truck will take all used fluids from the site where they will be properly disposed of at the Operator's main shop. The service truck will carry a spill containment kit. Diesel fuel and very small quantities of oil,anti-freeze,grease,hydraulic fluid,etc. will be stored on the site. Fuel storage is described below. The other products will be stored in an enclosed van. Use of the service truck described above minimizes the amount of hazardous materials stored on-site. A spill containment kit will be kept in the van. c. Indicate the number,location,size and use of any above or below ground tanks to store petroleum products or other materials,except water. Describe any emergency response containment plans. Diesel fuel will be used to operate on-site equipment including generators. One or two above ground tanks with double walls or secondary containment in accordance with MPCA rules and City of Scandia ordinances will be used,or alternatively,equipment will be fueled using a fueling service. 21. Traffic. Parking spaces added: 0 Existing spaces(if project involves expansion): Estimated total average daily traffic generated: Estimated maximum peak hour traffic generated and time of occurrence: Indicate source of trip generation rates used in the estimates. 11 /f the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500,a traffic impact study must be prepared as part of the EAW Using the format and procedures described in the Minnesota Department of Transportation's Traffic Impact Study Guidance(available at: http://►►'►►'w.oim.dot.state.mn.us/access/pdfs/Chapter%205.pdf) or a similar local guidance,provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project's impact on the regional transportation system. The site will operate seasonally. Estimated total average daily traffic generated will be 60 truck loads per day,(120 truck trips)during the mining season. This is based on removal of 150,000 cy/year. Maximum peak hour traffic is anticipated to be 20 trucks per hour,occurring between 7:00 a.m.and 8:00 a.m. MnDOT's 2002 Trunk Highway traffic volumes indicate the following traffic counts: AADT HCADT Hwy 97,west of site 5,700 360 Hwy 95,north of 97 7,400 650 Hwy 95,south of 97 4,250 240 AADT:Average Annual Daily Traffic HCADT: Heavy Commercial Average Daily Traffic The site is served by Hwy 95 and Hwy 97. There is a current site access at the intersection of Hwy 95 and Hwy 97. The vast majority of truck traffic,approximately 95%,will travel from the site west on Hwy 97. The proposer has met with MnDOT and determined that the existing site access needs to be realigned to provide a safer intersection. The realignment will require a new access permit from MnDOT. A bike trail is located along Hwy 95,south of the intersection of Hwys 95/97,ending at the site's current access road. The very northern-most portion of the bike trail may need to be removed as part of the realignment. The proposed realignment is illustrated on Figure 1 l. 22. Vehicle-related air emissions.Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels.Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Vehicle related air emissions include carbon monoxide,hydrocarbons,NON,particulate matter and sulfur dioxide from employee automobiles,trucks,and excavation equipment such as loaders and back hoes. The metropolitan area is designated as a maintenance area with no violations in the CO standards. The site is expected to have a small but not significant or adverse impact on air quality. 23. Stationary source air emissions. Describe the type,sources,quantities and compositions of any emissions from stationary sources of air emissions such as boilers,exhaust stacks or fugitive dust sources. Include any hazardous air pollutants(consult EAW Guidelines for a listing)and any greenhouse gases(such as carbon dioxide,methane,nitrous oxide)and ozone-depleting chemicals(chloro-fluorocarbons,hydrofluorocarbons,per fluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices.Describe the impacts on air quality. Crushing equipment will create air emissions. The site will generate fugitive dust primarily from haul roads,and to a lesser extent,extraction and processing equipment. Fugitive emissions will be controlled by watering haul roads. The natural moisture content of in-place materials also helps to reduce fugitive dust generated during the extraction process. Crushing equipment is equipped with spray bars to minimize generation of dust during processing. Many of the stockpiles will have sufficient moisture content from the washing process to keep fugitive dust levels low during loading operations. 12 24. Odors,noise and dust. Will the project generate odors,noise or dust during construction or during operation? X Yes _No If yes,describe sources,characteristics,duration,quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life.(Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Haul trucks and excavation equipment used at the site for mining processes generate dust and noise. The site will operate under a MPCA air emissions permit. This permit will require opacity testing of all processing equipment as well as measures to control dust. These measures will include paving the first 200 feet of the site entrance,watering internal haul roads as necessary and operating spray bars on processing equipment. In addition,loading and processing operations will be established at recessed portions of the site,reducing dust emissions from the site. The site must also operate under the noise limits established by the MPCA. Processing activities will be located in the lower portion of the site to reduce noise levels,and equipment will be fitted with standard noise reduction equipment such mufflers and broad band back-up alarms,and hours of operation will be controlled. Vegetative screening around the perimeter of the site will also reduce dust and noise. 25. Nearby resources.Are any of the following resources on or in proximity to the site? Archaeological,historical or architectural resources? _Yes X No Prime or unique farmlands or land within an agricultural preserve? X Yes No Designated parks,recreation areas or trails? X Yes _No Scenic views and vistas? X Yes _No Other unique resources? X Yes _No If yes,describe the resource and identify any project-related impacts on the resource.Describe any measures to minimize or avoid adverse impacts. The State Historical Preservation Office(SHPO)of the Minnesota Historical Society was contacted regarding the potential for nearby archeological,historical or architectural resources. The results of their review indicate that there are no properties listed on the National or State Registers of Historic Places located on site. There are some structures of historical significance identified in the general vicinity and these are illustrated on Figure 12. These structures will not be impacted by the Project. There are no known or suspected archeological properties in the area that would be affected by this project. A copy of the letter is included as Attachment 3. Prior to initial mining activity,there were some very small discontinuous areas of Antigo silt loam 2- 6 percent slopes,which are classified as prime farmlands within Washington County.These soils were disturbed through the course of past mining activity. The total area of prime farmland impacted by past mining was approximately 4.3 acres,located in three discontinuous areas on site. There is a bike path that runs along the east side of Hwy 95 along the southern portion of the property up to Hwy 97. A berm and vegetation is located on a portion of the western property boundary which will screen the bike path and Hwy. 95 from the operations. The St.Croix River valley contains numerous scenic views and vistas all along the river. The project will not be visible from the St.Croix River. The site contains the unique resource of sand and gravel aggregates,an essential component of the metropolitan area's roads and infrastructure. The project allows for the utilization of the resource and complete restoration of proposed and previous mining areas. 26. Visual impacts.Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights,lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? _Yes X No If yes,explain. 13 The site will not be visible from the St. Croix River. Screening berms exist or will be constructed along the western portion of the site,processing equipment and loading activity will be performed at lower elevations within the site,minimizing any visual impacts from Hwy 95. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan,land use plan or regulation,or other applicable land use,water,or resource management plan of a local,regional,state or federal agency? X Yes _No. If yes,describe the plan,discuss its compatibility with the project and explain how any conflicts will be resolved.If no,explain. The project is subject to the City of Scandia Zoning and Land Use regulations. The site is zoned Agriculture,with portions of the site lying in the St.Croix River District. The zoning code allows mining as a conditional use for areas outside of the River District. Within the River District,mining is not allowed. The only activity proposed within the portion of the Site overlain by the River District is grading to achieve final reclamation of the area previously disturbed by past mining activity and never reclaimed. Grading is a permitted use in the River District. Proposed restoration activities include grading to obtain grades and to establish vegetation consistent with the City of Scandia's Zoning and Land Use regulations. Stabilization of the previously disturbed areas of the site will provide an overall benefit to the environmental by minimizing potential erosion,sedimentation and discharge of stormwater runoff with high sediment loads. Mining and reclamation activities will be consistent with current regulations and will operate under the appropriate permits from the City of Scandia and Carnelian-Marine-St.Croix Watershed District. 28. Impact on infrastructure and public services.Will new or expanded utilities,roads,other infrastructure or public services be required to serve the project? _Yes X No. If yes,describe the new or additional infrastructure or services needed.(Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW;see EAW Guidelines for details.) The existing site access on to Hwy 95 does not form a right angle with the highway. The proposer has met with MnDOT and determined that the current access will need to be realigned to provide a 90 degree intersection. The proposed realignment is indicated in Figure 11 of this document. 29. Cumulative potential effects.Minnesota Rule part 4410.1700,subpart 7,item B requires that the RGU consider the"cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past,present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative potential effects.(Such future projects would be those that are actually planned or for which a basis of expectation has been laid.) Describe the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects(or discuss each cumulative potential effect under appropriate item(s)elsewhere on this form). The project is a continuation of an existing gravel mining operation. The project will include restoration of newly mined areas of the site. Incorporating the reclamation and stabilization of previously mined areas into the Project will have the cumulative effect of facilitating reuse of the entire site and will provide for long term stability of the entire site. There are no future projects, planned or foreseeable,which would involve mining at this site. The reclamation will leave the site in a condition ready for ultimate development. However,the parameters of the development have not been established and are not included for consideration in this EAW. 14 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28,identify and discuss them here,along with any proposed mitigation. There are no other known potential environmental impacts. 31. Summary of issues.Do not complete this section if the EAW is being done for EIS scoping;instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun.Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues,including those that have been or may be ordered as permit conditions. #11: State Listed Species: There are various species of concern that are located in the vicinity of the project area.This is expected due to the proximity of the St.Croix River and the diverse habitat that the river valley provides. Of particular concern are Blanding's Turtle,the potential for Kitten-tails and American Ginseng to be located within the wooded area of the site and the Red-Shouldered Hawk as well as a variety of mussel species. The plants of concern and the Red Shouldered Hawk are found in a wooded habitat. This plan proposes to minimize impacts to wooded area and will leave the majority of woods intact and untouched. The stand of trees forming a continuous corridor along the bluffs of the St.Croix River will not be removed. The mussels are found within the River itself. A number of measures will be adopted to minimize any potential for sedimentation into the river to occur as a result of this project. The majority of storm water will be handled internally. Restoration grades allow for the retention of stormwater,allowing sedimentation to occur prior to discharge off site. In addition, reclamation will provide backfilled slopes that will be stabilized with vegetation to minimize the potential for erosion and sedimentation. As a result of these practices,there should be no adverse impact to the river or its mussel population. #24 Odors,Noise and Dust: The project will generate noise and dust. All equipment has standard noise reduction features such as mufflers. Processing and loading equipment will be operated at lower elevations within the pit to minimize the amount of noise around the perimeter of the site. The site must operate within the noise standards set forth by the Minnesota Pollution Control Agency. Water will be applied to haul roads as needed to reduce fugitive dust. Processing equipment will be fitted with spray bars to reduce dust generation. The site will operate under a MPCA air Emissions Permit. Under this permit,the site must comply with air quality standards set forth by the Minnesota Pollution Control Agency. Permit conditions include opacity testing of processing equipment as well as control of fugitive dust emissions. The site will not exceed noise standards set forth by the Minnesota Pollution Control Agency. #27 Mining is not an allowed use in the River District. The project is designed to buffer the River District portion of the site from the mining activities during operation. The Project will also allow reclamation of the previously mined areas within the River District portion of the site. 15 RGU CERTIFICATION. (The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor.) I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project;there are no other projects,stages or components other than those described in this document,which are related to the project as connected actions or phased actions,as defined at Minnesota Rules,parts 4410.0200,subparts 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Minnesota Department of Administration,Office of Geographic and Demographic Analysis. For additional information,worksheets or for EAW Guidelines,contact:Environmental Quality Board,658 Cedar St.,St.Paul,MN 55155,651-201-2492,or http://www.egb.state.mn.us 16 FOREST SCANDIA LAKE GENERAL HUGO MAY PROJECT LOCATION GRANT STILLWATER MAHTOMEDI _ BAYTOWN LAKE OAKDALE ELMO WEST LAKELAND WOODBURY AFTON GREY CLOUD ISLAND COTTAGE(___ DENMARK GROVE - .X- / Figure 1 - Washington County General Location Map EAW 10/27/2008 - : • % i t 1> s '- -, ,- a i j- • ` \ ice'• . ; \ \ r J i)iM r S71at r T. --- --- -- 9�E • b1 � '4,- 7,5.,,k):: 11-:-.,__ ' , s" 4* ••-...... _ I 2 t� Ili BI,TITt(,M!aYtfY a II lri r,/...ri. rf y..- • • I 1,y i, t111 / •r dti^J i N • gliL�,> S .�1 � SITE 9' �i -1' V \-__ __3-,i;2 — , S{ �bm •vl/� ''l ,' I 1 fJ C. r ys. 2 _ >s - , is J 1. --�zv����� r t ril I f .. • • Cy_._ '• • -y , t,s is♦ csl r+„v4 _- -;` l i i 1 /J -- ' v , F tI1 Ili A t .C" 0 CY i .r `� .,5,` - a f L Ot•t. , 1 ' b'� ii r LV �-�' f LI V L r� �- �,�.I,rr 1i. sS /F "� ..�r{� 1ir47'`}1 •_ J �� t., '-'''X' '-'' Li \\''\'' ) ' ' . ,l''':' •./if--....,'''----':ch.e.':.,41 ".iii..--.54::,'-e,,,,"4',Prch ., ' ‘.1' :t`ii:'''''''P..\.1.4s‘",„( ,-i _, , . `T,,,c"-;-1-7 c-....; ,../0, --. s, ' , t ',,-- '''' .1 , ' ,,,,' '4 ' *,1)., ( .'" •'• '1,1)- •t ' *•• ...-7,,,,-'1 4' -",?):7:.\.',C• I • j .., fi w it 1�Y, • �/ jib' J --)',,,,,L,.._..."..i,,,,;,*,.•- _c•tin. iLl?\"-`1,„ .gar / '. � I 30 �, \\\ • }ItF 1 o�j SR- ' Figure 2 - USGS Quad Map Excerpts N Scandia, MN, WI; Osceola, WI, MN; Marine on St. Croix, MN, WI; Somerset North, WI, MN 1" = 2000 FEET EAW 9/17/2008 iik j , / ,'?iM CONSULTING CIVIL ENGINEERS - •REMOTELY DISTURBEj ,:1, r, ' D MA��"'� / ''�, 4. AREA TO BE !STORED 4 �C 71...Oid"m" \��� r �'�J) /r / f TILLER CORPORATION 9 7 " i*4f00��`, / ZAVORAL SITE 1 A i'. 'V31 _ .tN. ,,.9=8..;.74-:A.):14fify,loottgootoio$1.$1 )(_,, , //di-3),, O ` p... "PRE IOOUSLY MISTU AND 11 '' ti�, �1 1'0,�� MINNESOTA 1.• ' RESTORED 52 Ac " \�1')�,.J0�jp0 r,A, DATE ..wa 1(, / 7-1:14✓ems♦ ��i. __ TOTAL MINING AND (. / 7 0 O RESTORATION AREA ( f l r� iii. ), - ...i. ii, p ii„z,-1)' � � �'f �� ,�- � �Iw�®����� j ST. CROIX RIVER DISTRICT. 64 AC .,. ", I l / // 0 `, 0#I /// •from 2008 Seondia Zoning Mop +�i l i/ �',�► �✓/ *"u � � s �\ 1��. I "'�• � ��P®dr��i ,�I��� ;: �: �1 PREVIOUSLY UNDISTURBED ��/, I , ,„ , AREA PROPERTY , 1°�. i A \ ,. ' ' i"n.''' _"`+� „triok BOUNDARY I �_ .,s .��� I Y I = 114 Ac (1: --ir i'',, -:,\ ...,'7“, ...,,'‘,/,,/ .1II ' ji '/ J . // tr,=r.=.ror. ,`w= .10: PREVIOUSLY UNDISTURBED LL ��.I !- saw..no. AREA TO BE MINED AND f�i'�'V..thi, ,;,,fi( I)1„, li .1 ./„Ae h RESTORED = 8 Ac ? �!tl- / p...0w0. °ice i DAD.OE AP OAK.]Elt RP r .. * ,k A / IV DATE MM. 1 - ' Z i //7:i • NATURAL FEA;: PROJECT TURES oa o a— on FIGURE 3 ��♦ i _ suLL m r¢r ' EAW .m... 1. • ij• ".) °� W Minallt TOPOGRAPHY D PARCEL INFORMATPN FROM ASNWGTON COUNTY. AFRM,IpNOrOCWPNY" FROM APRIL 2000. PARCEL ORWT,ON CURRENT THROUGH MAY 31,meNOW 2. GRADES REPRESENT PROPOSED MINIMUM RESTORATION GRADES. CONSULTING CIVIL ENI/IFERS ((� 3. SETBACKS ARE AS FOLLOWS. INE �Rp ( 50'iROM PROPERLY LINE pOIRNTOM MwNERprA MM2, J' 100'FROM ROID RIGM-OF-WY w(TeR.n.Aw r[Itn,o,.E REClAIN1pN GRADING WY OCCUR WIrIWI PMI ,,,,„ , 50'OF THE IF O ,► /� � ��'�`l-.. � .RIGHT-OF-WAY A Y COMPLETED ROAD ONEY WHO A 1NE WWNG AREA WILL BE RECLAIMED TO APPROXIMATE WARES o°M i PUN SLOPES WILL BETIL.�•LEw.Rw� ILLUSTRATED .:, PRIOR TO RAC.TOPSOIL.TIC CORPORATION• •\c SOIL WILL BE LOOSENED BY TILLING TO A� � ��\ CMIDE p.. ; DEPTH OF A*LEAST 12'IN ORDER ToPA A AERATED 1 I TEXTURE. AFTER LOOSE/MG THSUBC . ZAVORAL MINING � � . OF LOAM/SOIL SUITABLE AS TOPSOIL MLLBE OVER GRADED AREASTHESE AND RECLAMATION> /,®/pR t, I AREAS WILL �SEEDED AO MULCHED TOE5IABIISH VEGETATIONPROJECT. -rlt � SCREENING iREMauEo AS PANr• ` `H . A vow rIe /�•�Ier / �U /r � ! ��P Svc*. 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PrOFEBINONAL ENO..MOM THE LW, Of ME IITAIT OF ki•NRCSOTA. i (,-'' 7/ - .In' ', . ' ' .4,40t , ( , ? , , 7/ \—I) .....,.. iv,,, (7 7 I, ,i1) ,• 1/4 rt k \--s zc.3.) 1 ,,,\ '-- :,. I N . p os r - „ ,A ‘1., , I ......-- ....ft --- ___J-- ,�\ v.....„...,#.1' ( , \ ST.CR TR RIVER �� Ihi I �DISTRICT ,, \ . 200 0 200 000 FIGURE 7 SULE iu FEET a nw \ �_n\aPVv-urxinw\wow .ro -Aprwvwwsva umr 9 flawxwowcAW1 - , _- _- --- ----- .._. - _____ \\\\ TIN/DR/MOONFROMCOUNTY 1. I I,,/ }.. \`� Ot]. lANll SGMEY DMSION. MTE Of AERIAL PHOTOGWPIO:APRIL 2014. �� VVV"/// e ` N. w. A' \I CONSULTING CIVIL ENGINEERS �i 1 1 11�<laa,aw TauPrur< ....____ ' ,/ ,.,...„.41. � TILLER CORPORATION ` ' ZAVORAL PROPERTY a.. I �U,, A —STATE HI HWAY 97 - .r C'° �vi\' \\v "2 4 . �y DIY}I/ h �.' �v Il (\`may m �;�'�.wy '(5- 3."; — V= 1�'. �!•}t .,t \ , USA SCENIC EASEMENT' SCAND41, O 11 1�f `! ,1 2 •from Waehmgton county parcel 0 1 C � \ y� � mm,anent m Mor aI.zoos.elti. ,.f. / )—\,.. ,'- -r ,a ; , MINNESOTA Iu J w„ ., !/►_ a, tea) 14,1 �+"� /� FOIL- e II ,fr\ l� i _, t i ill ------\----"----1 ''' : i;:,.ii ffI•140.01•1010.1.aYNa.o ) ( O.v Mao .,Nx f,11,1 0 // OlOACT NO won YRrx aIRFFT \\ _ l 1 , \ • N KrMevsu... a. MOE moms ',.:\lis1,4 .D-- --..., ... �'�-��� USA SCENIC �� EASEMENTS I .:- �� r ri Y�,aP I;,��1 2 a0 4W mG FIGURE 8 IN CClel I ,. .. s. uu».. r�a...,...�n..,•��,..-unru.m....vuw�.aw.rp a-wr.auu.u..a.�u..a uwl. r,.u,^,..,,..�..m.,.�. -. _ _ _ - - EAW € Z 1 , I 1 I i o gill"111 111 )1i'ii 7.,10 °0- z u, - 111111 / IR b all � �� (nz F ggl; d [ g 4sE E b Cn LT_ Oa e § sy # U i t_-.__._= e I Aga rilFt 1 Ili Q p pp Q pp ♦ oo p p� pp�� �pppy O O O O OI aD O� m N' CD EOM u? O 8 ^ 0. 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Alit - . 12C EMMERT GRAVELLY LOAMY COARSE 153C SANTIAGO SILT LOAM,6 TO 15%SLOPES SAND,3 TO 12%SLOPES 177B GOTHAM LOAMY SAND,1 TO 6%SLOPES 12D EMMERT GRAVELLY LOAMY COARSE 302C ROSHOLT SANDY LOAM,6 TO 15%SLOPES SAND,15 TO 25%SLOPES 1029 PITS,GRAVEL 49B ANTIGO SILT LOAM,2 TO 6%SLOPES 1820F MAHTOMEDI VARIANT ROCK OUTCROP 49C ANTIGO SILT LOAM,6 TO 12%SLOPES COMPLEX,25 TO 60%SLOPES 153E SANTIAGO SILT LOAM,2 TO 6%SLOPES N Figure 10 - Soil Map (FROM NATURAL RESOURCES CONSERVATION n SERVICE'S WEB SOIL SURVEY 2.0; JULY 10, 2008) (J 1 500 FEET EAW 09/08/08 • . I lilyfr , III ((i ,° i Z 1 i ) f II, 4/ ., Ill '1 i SAFETY APRON NOill • I r GRATE INV. =914.0 MNDOT TYPE 2 Jfi ) ✓,6 ='II 1/ air WITH RIPRAP • F' ���l ISTRAW BIOROLL a ';,, /Ie /: il // °/ °/ //,. _/ EXISTING DRIVE / ; 4° i// TO BE REMOVED 2' SHOULDER _„/ .1 - �° '-: 6" Closs 1 A... %' /� ii' QT:41 .OA.00.. 6 , FIELD VERIFY LOCATION OF SIGN i•n,.. 3 q , .,. i I C x,,,-ti a^ / ® � a. s AND LIGHT POLE. 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I Pt -ELOCATE/REBUILD �!;� � :IKE PATH°1 . . v fir! lit ,! / w / `� , If,r' l/� FIELD VERIFY LOCATION 4 I.r' ; / ? �// OFSIGNRELOCATE PER '° '° �°// I i ✓!' gt / / MNDOT DIRECTION uuc rccl 7r=�� // , le'+ / 4:1 MAXIMUM e1J1 SLOPES M R—O—W l� / lJ,�j/ / EXISTING SLOPES FROM EDGE OF I° fi i �/ ;�, / /�/,— ROAD VARY FROM 2.9:1 4.4:1. �_ �'� ° , /// PROPOSED SLOPES FROM NEW 1 ,g .S a /'1 //�q LIMITS OF GRADING TURNLANE VARY FROM 4:1-6:1. /Tit? " /// y / 'sf/ / o5 ° //// 6:1 SLOPES! (SUBJECT TO MnDOT APPROVAL! j J ° ///,/�_ —I ..e.,.,,m. TILLER CORPORATION MORE.,.. m..e '` ... ^"* d"K SCANDIA,INCER101,101ECI WPM.. MR CONSULTING CIVIL ENGINEERS vu n'n .M.Wt.T.LAWS - '- MKT I. NUE SOUTH __ owFxa,w:" .* eeot .ovv,,n v ie AND �7c`e I .,� °"` �b x,.� TURN LANE E SS `+"gip Figure 11 SITE ACCESS ,mrp fwW /m<]e ,» ..,e s.,e aunxe. \\.+u+•xMs.\,w-M,•••x...+1,•m•='€ 'S"-,•••,•^•z sz re....wv uw,. .,.,r ea.z.n r . 1 7 � t..-.s-- - ' 3 , .1-,- , 'fit s C i , - •\� -, ' r- ft t'1 .„ - ts. Z" d/V. 1- t , a 1I I i. ��` 1 4• y1,1° 4 (-' r c ‘ , yi1. a I r j,• ,oim ,.l22� - K 41 tr. ` - , \-..k y,F -\ 1 41'-ii c. r '-•i,!('>,' 1'1 - 1 Y ��. `,. r r 4,. ! Ut iv,,, rirr uH..),.,,: n i .1' . " �•h �. *1/ ',. ( , , I uAFa,a.xrs ,)t. `fS - It fF�l { z ; t,c i _ �' ' . ` ' r.C,rbvt!Pits 1 �. 1 a" ' i v 1..' •— .z Yid s` 17 • t , • . q 14- r S- - , ,,.c1 I C . ,5 , :.q .. — c/Y, , 1 j� • `..G-, 11.�rz MGANAHAN S1JP MHi,Y- `(_ _ .� I HOUSE ' y.^ ,1'i 20 ( G- ". l.' _ . BOWLINE SUMMET�`,}i♦ •�.VI T. �. HOUSE � -.:`��1 l J+11,� �. ' HUTCHINSON } 1' JI ,. � C•• .. • 6A�it i SUMMER HOUSE ' - -j V �-) '-+ ,_ 11 1 . . I , 1 x: 1 FITZPATRICK ,ep) � l -1 L. ( s- N. I' i'"'. SUMMER HOUSE Z3:J1_� ) '1 - PT.DOUg."SUP:RIOR -- of,,. 4 . -1't' a,{ I ETZWILER SUMMER i l 1 • `-`--MILITARY ROADIMN NV 5) • (� Or t 1 HOUSE iI �$," 0 _ --• , 1 SCHOOL / • 1 %, - i �•�'L! ��IlJ1 c` - Tj 1 I f 1 -,�� �� , /,,, ; ri''., --,,,,‘,„'" 2 j_ ;�r /.i '�1 , �. CIa� 'fib i Vvss,)c,. ..,(...._:_.. 0 ," 1 f 1 a �CLOGHOUSE p �'' _ ,..s,. I p • 1. - * i i:, 1 i ' ` '�► / Q • ` ..l A yam; ,` F, 1 -�,. • ,r/ �. ;.-\, • • -- .; / 7 .._.I ' �� .(mil (' --,\ - i ) ,I;.' L 1 z o �r . t.fr%, SLR++ ,' t FIGURE 12 - GENERAL LOCATIONS OF HISTORIC PROPERTIES (%4, /4, %4 SECTIONS) b According to the State Historic Preservation Office History/Architecture Inventory Scandia, MN, WI; Osceola,WI, MN; Marine on St. Croix, MN, WI; Somerset North,WI, MN Quadrangle Maps 1" = 2000 FEET ATTACHMENT 1 DNR Letter and Report Summary 17 • M1Wy fs ��p Minnesota Department of Natural Resources o W Division of Ecological Resources,Box 25 m 'D , , 500 Lafayette Road 134(.17. � � St Paul,Minnesota 55155-4025 �OF NATOO\- Phone:(651)259-5109 Fax:(651)296-1811 E-mail:lisa.joyal@dnr.state.mn.us July 21,2008 Mr.Joe Galluzzi Sunde Engineering 10830 Nesbitt Avenue South Bloomington,MN 55437 Re:Request for Natural Heritage information in the vicinity of the proposed Tiller Corporation Zavoral Mine, T32N RI9W Sections 18 & 19, Washington County Correspondence# : ERDB 20080847 Dear Mr. Galluzzi, As requested,the Minnesota Natural Heritage Information System has been queried to determine if any rare species or other significant natural features are known to occur within an approximate one-mile radius of the proposed project. Based on this query,several rare features have been documented within the search area(for details,see the enclosed database reports). Please note that the following rare features may be impacted by the proposed project: • The forested area within the project site is part of a Regionally Significant Ecological Area (RSEA). We encourage you to avoid or minimize disturbance in this area,especially as it contains suitable habitat for rare species (see below). In 2003, the DNR Central Region, in partnership with the Metropolitan Council,conducted a landscape-scale assessment of the seven- county metro area that identified ecologically significant terrestrial and wetland areas. The mapping of RSEAs was done using two primary data sources. The first data source was native plant communities mapped by the Minnesota County Biological Survey. The remaining areas were derived using a modeling process that predicts the likelihood that high quality native animal habitats exist in a contiguous area. Shapefiles of the RSEAs are available on the DNR's data deli website at http://deli.dnr.state.mn.us (named "Twin Cities Metro Regionally Significant Ecological Areas"). To view pdf versions of the final maps, refer to http://www.dnr.state.mn.us/rsea/index.html. If you would like help interpreting the RSEA data, contact Hannah Texler,Regional Plant Ecologist for DNR's Central Region,at 651-772-7570 or hannah.texler(&,dnr.state.mn.us. • Blanding's turtles(Emydoidea blandingii),a state-listed threatened species,have been reported from the area and may be encountered on site. If Blanding's turtles are found on the site,please remember that state law and rules prohibit the destruction of threatened or endangered species, except under certain prescribed conditions. If turtles are in imminent danger they should be moved by hand out of harms way,otherwise they should be left undisturbed. For your information,I have attached a Blanding's turtle fact sheet that describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to the first list of recommendations for your project. If greater protection for turtles is desired,the second list of additional recommendations can also be implemented. The attached flyer should be given to all contractors working in the area. DNR Information 651-296 6157 • 1-888-646.6367 • TTY.651-296-5484 • 1 800-657.3929 An Equal Opportunity Employer Who Values Diversity • Red-shouldered hawks (Buteo lineatus), a state-listed species of special concern, have been documented during the breeding season in the vicinity of the project area. This species requires large,contiguous forest tracts interspersed with wetlands and prefers lowland woods and river bottoms. We recommend,to the extent possible,the retention of forest cover on the project site to help maintain habitat connectivity to other forest tracts in the area. In addition,disturbance near nests, if any,should be avoided during the critical nesting time(April and May). • Several state-listed threatened and endangered mussel species have been documented in the St. Croix River in the vicinity of the proposed project. Because they are declining nationwide, freshwater mussels are considered one of North America's most imperiled groups of animals. In Minnesota,25 of our 48 native mussel species are listed as either endangered,threatened,or of special concern. Mussels are particularly vulnerable to deterioration in water quality,especially increased siltation. As such,the mining project should not be allowed to negatively affect the water quality of the St. Croix River. Toward this end, a buffer of vegetation should remain between the mine and the river, and sound erosion and sediment control practices should be implemented and maintained for the duration of the project. • Bog bluegrass (Poa paludigena) and kitten-tails (Besseya bullii), both state-listed threatened plants,have been documented in the vicinity of the project area,and American ginseng(Panax quinquefolius), a state-listed plant species of special concern,has been documented within the project boundary. Minnesota's endangered species law(MS 84.0895)and associated rules(MR 6212.1800-6212.2300 and 6134)prohibit the taking of threatened or endangered species without a permit. For plants,taking includes picking,digging,or destroying. In Minnesota, bog bluegrass is limited to wetland habitats maintained by groundwater seeps. These may include swamps,sedge meadows,margins of small pools,or rivulets of water. Such areas are often dominated by black ash(Fraxinus nigra),yellow birch(Betula alleghaniensis), and sometimes speckled alder (Alnus incana subsp. Rugosa). The Minnesota Land Cover Classification System has identified two black ash seepage swamps within the project boundary (please see attached map). We recommend that these seepage areas be avoided. If avoidance is not feasible,we recommend that a botanical survey of these communities be conducted prior to any ground disturbance. In Minnesota, kitten-tails is largely restricted to the bluffs and terraces of the St. Croix, Mississippi, and Minnesota river valleys. This species is primarily a species of oak savanna communities, though it also occurs in dry prairies and oak woodlands. According to the Minnesota Land Cover Classification System a significant portion of the project boundary is white pine/hardwood forest(please see attached map),which is potential habitat for this species. Again, if avoidance of this habitat is not feasible, we recommend that a botanical survey be conducted prior to any ground disturbance in this habitat. American ginseng requires mature hardwood forests with little undergrowth and was abundant in Minnesota at the time of European settlement. Since then, however, it has been intensively exploited for its commercial uses, and is now nearly extirpated from most of its former range. Species of special concern are not protected under the state endangered species law. Nevertheless, given the potential for special concern species to become threatened due to cumulative losses, we encourage you to survey for this species and to avoid any identified populations. Please note that all surveys should be conducted by an individual with previous experience doing rare plant surveys. I have enclosed a list of qualified contractors for your reference. Please send me a proposed survey plan prior to any survey work. Feel free to contact Welby Smith,the staff botanist, at 651-259-5142 for further information on survey protocol and timing for the above species. The results of any survey work should also be sent to my attention. • The response to Item 1 lb of the EAW should address the measures that will be taken to avoid or minimize negative impacts to the rare features mentioned above. The Natural Heritage Information System(NHIS),a collection of databases that contains information about Minnesota's rare natural features,is maintained by the Division of Ecological Resources,Department of Natural Resources. The NHIS is continually updated as new information becomes available,and is the most complete source of data on Minnesota's rare or otherwise significant species,native plant communities,and other natural features. However,the NHIS is not an exhaustive inventory and thus does not represent all of the occurrences of rare features within the state. Therefore,ecologically significant features for which we have no records may exist within the project area. The enclosed results include an Index Report and a Detailed Report of records in the Rare Features Database, the main database of the NHIS. To control the release of specific location information, which might result in the destruction of a rare feature,both reports are copyrighted. The Index Report provides rare feature locations only to the nearest section,and may be reprinted, unaltered, in an environmental review document(e.g., EAW or EIS), municipal natural resource plan, or report compiled by your company for the project listed above. If you wish to reproduce the index report for any other purpose, please contact me to request written permission. The Detailed Report may include specific location information,and is for your personal use only. If you wish to reprint or publish the detailed report for any purpose,please contact me to request written permission. Please be aware that this letter focuses only on potential effects to rare natural features;there may be other natural resource concerns associated with the proposed project. This letter does not constitute review or approval by the Department of Natural Resources as a whole. If you would like further information on the environmental review process,please contact your Regional Environmental Assessment Ecologist,Wayne Barstad,at(651)259-5738. An invoice in the amount of$113.78 will be mailed to you under separate cover within two weeks of the date of this letter. You are being billed for the database search and printouts,and staff scientist review. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, ow,. Jar) Lisa Joyal Endangered Species Environmental Review Coordinator enc. Rare Features Database: Index Report Rare Features Database: Detail Report Rare Features Database Reports: An Explanation of Fields Blanding's Turtle Fact Sheet Map DNR List of Surveyors cc: Wayne Barstad I'he Division of hcological Resources recently adopted a new database system called Biotics. As a result of this change the layout and contents of the database reports have been revised.Many of the fields included in the new reports are the same or similar to the previous report fields,however there are several new fields and some of the field definitions have been slightly modified. We recommend that you familiarize yourself with the latest field explanations. Rare Features Database Reports: An Explanation of Fields The Rare Features Database(Biotics)is part of the Natural Heritage Information System,and is maintained by the Division of Ecological Resources, Minnesota Department of Natural Resources(DNR). **Please note that the print-outs are copyrighted and may not be reproduced without permission** Field Name: [Full(non-abbreviated)field name,if different]. Further explanation of field. -E- Element Name and Occ#: [Element Name and Occurrence Number]. The Element is the name of the rare feature. For plant and animal species records,this field holds the scientific name followed by the common name in parentheses;for all other elements(such as native plant communities,which have no scientific name)it is solely the element name.Native plant community names correspond to Minnesota's Native Plant Community Classification(Version 2.0).The Occurrence Number,in combination with the Element Name,uniquely identifies each record. EO Data: [Element Occurrence Data]. For species elements,this field contains data collected on the biology of the Element Occurrence* (EO),including the number of individuals,vigor,habitat,soils,associated species,peculiar characteristics,etc.For native plant community elements, this field is a summary text description of the vegetation of the EO, including structure (strata) and composition (dominant/characteristic species), heterogeneity, successional stage/dynamics, any unique aspects of the community or additional noteworthy species (including animals). Note that this is a new field and it has not been filled out for many of the records that were collected prior to conversion to the new database system.Some of the information meeting the field definition may be found in the General Description field. EO ID#: [Element Occurrence Identification Number]. Unique identifier for each Element Occurrence record. EO Rank: [Element Occurrence Rank]. An evaluation of the quality and condition of an Element Occurrence(EO)from A(highest)to D (lowest).Represents a comparative evaluation of: 1)quality as determined by representativeness of the occurrence especially as compared to EO specifications and including maturity,size,numbers,etc.2)condition(how much has the site and the EO itself been damaged or altered from its optimal condition and character).3)viability(the long-term prospects for continued existence of this occurrence-used in ranking species only). EO Ranks are assigned based on recent fieldwork by knowledgeable individuals. Extent Known?: A value that indicates whether the full extent of the Element is known(i.e.,it has been determined through field survey)at that location. If null,the value has not been determined. -F- Federal Status: Status of species under the U.S.Endangered Species Act:LE=endangered;LT=threatened;LE,LT=listed endangered in part of its range,listed threatened in another part of its range;LT,PDL=listed threatened,proposed for delisting;C=candidate for listing. If null or"No Status"the species has no federal status. First Observed Date: Date that the Element Occurrence was first reported at the site in format YYYY-MM-DD.A year followed by"Pre" indicates that the observed date was sometime prior to the date listed,but the exact date is unknown. -G- General Description: General description or word picture of the area where the Element Occurrence(EO)is located(i.e.,the physical setting/context surrounding the EO),including a list of adjacent communities.When available,information on surrounding land use may be included.Note that the information tracked in this field is now more narrowly defined than it was in the old database system,and some of the information still in this field more accurately meets the definition of the new EO Data field. We are working to clean up the records so that the information in the two fields corresponds to the current field explanations described herein.Also note that the use of uppercase in sentences in this field is not significant but rather an artifact of transferring data from the old database system to the new system. Global Rank: The global(i.e.,range-wide)assessment of the relative rarity or imperilment of the species or community.Ranges from G 1 (critically imperiled due to extreme rarity on a world-wide basis)to G5(demonstrably secure,though perhaps rare in parts of its range). Global ranks are determined by NatureServe,an international network of natural heritage programs and conservation data centers. -L- Last Observed Date: Date that the Element Occurrence was last observed to be extant at the site in format YYYY-MM-DD. Last Survey Date: Date of the most recent field survey for the Element Occurrence,regardless of whether it was found during the visit. If the field is blank,assume the date is the same as the Last Observed Date. Location Description:County or Counties in which the Element Occurrence was documented followed by Township,Range,and Section information(not listed in any particular order). Each unique Township,Range,and Section combination is separated by a comma.In some cases,there are too many Township,Range,and Section combinations to list in the field,in which case,the information will be replaced with,"Legal description is too lengthy to fit in allotted space". -M- Managed Area(s):Name of the federally,state,locally,or privately managed park,forest,refuge,preserve,etc.,containing the occurrence, if any. If this field is blank,the element probably occurs on private land. If"(Statutory Boundary)"occurs after the name of a managed area,the location may be a private inholding within the statutory boundary of a state forest or park. MN Status: [Minnesota Status]. Legal status of plant and animal species under the Minnesota Endangered Species Law: END = endangered;THR=threatened;SPC=special concern;NON=tracked,but no legal status.Native plant communities,geological features, and colonial waterbird nesting sites do not have any legal status under the Endangered Species Law and are represented by a N/A. -N- NPC Classification(v1.5): Native plant community name in Minnesota's Native Vegetation:A Key to Natural Communities(Version 1.5). This earlier classification has been replaced by Minnesota's Native Plant Community Classification(Version 2.0). -0- Observed Area: The total area of the Element Occurrence,in acres,which is measured or estimated during fieldwork.If null,the value has not been determined. Ownership Type: Indicates whether the land on which the Element Occurrence was located was publicly or privately owned;for publicly owned land,the agency with management responsibility is listed,if known. -S- Site Name:The name of the site(s)where the Element Occurrence is located. Sites are natural areas of land with boundaries determined and mapped according to biological and ecological considerations. Survey Site#/Name: The name of the survey site,if applicable,where the Element Occurrence is located.Survey sites are sites that provide a geographic framework for recording and storing data,but their boundaries are not based on biological and ecological considerations. Minnesota County Biological Survey site numbers,if applicable,are also listed in this field. Survey Type: Information on the type of survey used to collect information on the Element Occurrence. Survevor(s): Name(s)of the person(s)that collected survey information on the Element Occurrence. State Rank: Rank that best characterizes the relative rarity or endangerment of the taxon or plant community in Minnesota. The ranks do not represent a legal status. They are used by the Minnesota Department of Natural Resources to set priorities for research,inventory and conservation planning. The state ranks are updated as inventory information becomes available.S1 =Critically imperiled in Minnesota because of extreme rarity or because of some factor(s)making it especially vulnerable to extirpation from the state. S2=Imperiled in Minnesota because of rarity or because of some factor(s)making it very vulnerable to extirpation from the state. S3 =Vulnerable in Minnesota either because rare or uncommon,or found in a restricted range,or because of other factors making it vulnerable to extirpation. S4=Apparently secure in Minnesota,usually widespread.S5=Demonstrably secure in Minnesota,essentially ineradicable under present conditions.SH=Of historical occurrence in the state,perhaps having not been verified in the past 20 years,but suspected to be still extant. An element would become SH without the 20-year delay if the only known occurrences in the state were destroyed or if it had been extensively and unsuccessfully looked for.SNR=Rank not yet assessed.SU=Unable to rank. SX=Presumed extinct in Minnesota. SNA =Rank not applicable. S#S#=Range Rank:a numeric range rank(e.g.,S2S3)is used to indicate the range of uncertainty about the exact status of the element. S#B, S#N= Used only for migratory animals, whereby B refers to the breeding population of the element in Minnesota and N refers to the non-breeding population of the element in Minnesota. -V- Vegetation Plot: Code(s)for any vegetation plot data that have been collected within this Element Occurrence(i.e.,either Releve Number or the word"RELEVE"indicates that a releve has been collected). *Element Occurrence—an area of land and/or water in which an Element(i.e.,a rare species or community)is,or was,present,and which has practical conservation value for the Element as evidenced by potential continued(or historical)presence and/or regular recurrence at a given location. Specifications for each species determine whether multiple observations should be considered 1 Element Occurrence or 2, based on minimum separation distance and barriers to movement. Data Security Locations of some rare features must be treated as sensitive information because widespread knowledge of these locations could result in harm to the rare features. For example,wildflowers such as orchids and economically valuable plants such as ginseng are vulnerable to exploitation by collectors;other species,such as bald eagles,are sensitive to disturbance by observers. For this reason,we prefer that publications not identify the precise locations of vulnerable species.We suggest describing the location only to the nearest section. If this is not acceptable for your purposes,please call and discuss this issue with the Endangered Species Environmental Review Coordinator at (651)259-5109. Revised 4/2006 Minnesota Natural Heritage Information System:Rare Features Database Page 1 of 5 Printed June 2008 Index Report of records within 1 mile radius of: Data valid for one year Tiller-Zavoral , T32N R19W Sections 18& 19 Washington County Federal MN State Global Last Observed Element Name and Occurrence Number Status Status Rank Rank Date EO ID# Chisago,Washington County,MN Acipenser fulvescens (Lake Sturgeon) #1 SPC S3 G3G4 2004-09-08 14571 Location Description:T33N RI9W S28,T30N R20W S28,T33N RI 9W SI0,T33N RI9W S22,T [...] Epioblasma triquetra (Snuffbox) #1 THR S2 G3 2004-08-25 10953 Location Description:T34N R19W S36,T34N R19W S35,T33N RI9W S2,T33N R19W S27,T[...] Lampsilis higginsi (Higgins Eye) #6 LE END SI GI 2004-08-25 10964 Location Description:T33N R19W S2,T34N R18W S30,T33N R19W S11,T34N R19W S25,T[...] Quadrula fragosa (Winged Mapleleaf) #2 LE END SI GI 2007-10-01 10961 Location Description:T34N R18W S30,T33N R19W S1 1,T32N R19W S30,T32N RI9W S18,T [...] Washington County,MN Acipenser fulvescens (Lake Sturgeon) #106 SPC S3 G3G4 1996-09-26 6484 Location Description:T32N R19W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Actinonaias ligamentina (Mucket) #12 THR S2 G5 2001-09 10537 Location Description:T32N R19W S19,T32N R19W S18 Actinonaias ligamentina (Mucket) #211 THR S2 G5 2001-07-30 30001 Location Description:T32N RI9W S30,T32N RI9W S19 Actinonaias ligamentina (Mucket) #221 THR S2 G5 2001-09 29955 Location Description:T32N R19W S7 Actinonaias ligamentina (Mucket) #222 THR S2 G5 2001-09 29964 Location Description:T32N RI9W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Alasmidonta marginata (Elktoe) #94 THR S2 G4 2001-09 29965 Location Description: T32N RI 9W S8,T32N RI 9W S18,T32N RI 9W S17,T32N RI 9W S7 Apalone mutica (Smooth Softshell) #4 SPC S3 G5 1988-06-02 8607 Location Description:T32N R19W S8,T32N RI9W S7 Besseya bullii (Kitten-tails) #88 THR S2 G3 1993-09-01 18849 Location Description:T32N R19W S19 Buteo lineatus (Red-shouldered Hawk) #18 SPC S3B,SNRN G5 1988-06-1 1 8753 Location Description:T32N R19W S7,T32N R19W S18 Copyright 2008,Division of Ecological Resources,State of Minnesota DNR Minnesota Natural Heritage Information System:Rare Features Database Page 2 of 5 Printed June 2008 Index Report of records within 1 mile radius of: Data valid for one year Tiller-Zavoral T32N R19W Sections 18& 19 Washington County Federal MN State Global Last Observed Element Name and Occurrence Number Status Status Rank Rank Date EO ID# Washington County,MN Buteo lineatus (Red-shouldered Hawk) #19 SPC S3B,SNRN G5 1988-06-11 8752 Location Description:T32N R19W S19 Buteo lineatus (Red-shouldered Hawk) #30 SPC S3B,SNRN G5 1982-06-23 9512 Location Description:T32N R19W S18 Buteo lineatus (Red-shouldered Hawk) #31 SPC S3B,SNRN G5 1982-06-23 9513 Location Description:T32N R19W S30,T32N R19W S19 Buteo lineatus (Red-shouldered Hawk) #32 SPC S3B,SNRN G5 1982-06-23 9514 Location Description:T32N RI 9W S30 Carex typhina (Cattail Sedge) #8 SPC S3 G5 1987-07-07 872 Location Description:T32N R19W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Cycleptus elongatus (Blue Sucker) #7 SPC S3 G3G4 1989-09-28 15749 Location Description:T32N R19W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Cycleptus elongatus (Blue Sucker) #8 SPC S3 G3G4 2004-09-08 15750 Location Description:T32N R19W S32,T32N R19W S30,T32N R19W S19,T32N R19W S31 Cycleptus elongatus (Blue Sucker) #89 SPC S3 G3G4 2000-08-22 27285 Location Description:T32N R19W S7 Dendroica cerulea (Cerulean Warbler) #51 SPC S3B G4 1988-06-15 16969 Location Description:T32N RI 9W S7 Dendroica cerulea (Cerulean Warbler) #104 SPC S3B G4 1970-07-01 23244 Location Description:T32N R19W S30 Dry Bedrock Bluff Prairie(Southern)Type #127 N/A S3 GNR 1987-05-07 7515 Location Description:T32N R20W S12,T32N R19W S7 Ellipsaria lineolata (Butterfly) #28 THR S2 G4 2001-09 29985 Location Description:T32N R19W S19,T32N R19W S18 Ellipsaria lineolata (Butterfly) #44 THR S2 G4 2001-09 29966 Location Description:T32N R19W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Elliptio dilatata (Spike) #179 SPC S3 G5 2001-09 30000 Location Description:T32N R19W S30,T32N R19W S19 Elliptio dilatata (Spike) #180 SPC S3 G5 2001-09 29981 Location Description:T32N R19W S19,T32N R19W S18 Copyright 2008,Division of Ecological Resources,State of Minnesota DNR Minnesota Natural Heritage Information System:Rare Features Database Page 3 of 5 1. Printed June 2008 I Index Report of records within 1 mile radius of: Data valid for one year Tiller-Zavoral T32N R19W Sections 18& 19 Washington County Federal MN State Global Last Observed Element Name and Occurrence Number Status Status Rank Rank Date EO ID# Washington County,MN Elliptio dilatata (Spike) #191 SPC S3 GS 2001-09 29956 Location Description:T32N RI 9W S7 Elliptio dilatata (Spike) #I92 SPC S3 GS 2001-09 29967 Location Description:T32N R19W S8,T32N R19W S17,T32N R19W S18 Emvdoidea blandingii (Blanding's Turtle) #335 THR S2 G4 1988-05-14 8987 Location Description:T32N R2OW S24,T32N R2OW S13 Emvdoidea blandingii (Blanding's Turtle) #513 THR S2 G4 1990-06-21 11313 Location Description:T32N R19W S30,T32N R19W S19,T32N R2OW S25 Freshwater Mussel Concentration Area (Mussel Sampling Site) #202 N/A SNR G3 1987-06-24 17831 Location Description:T32N R19W S19,T32N R19W S18 Hydrocotyle americana (American Water-pennywort) #1 SPC S3 G5 1946-09-06 4835 Location Description:T32N R2OW S24,T32N R19W S30,T32N R2OW S35,T32N R19W S31,T [...] Ichthyomyzon gagei (Southern Brook Lamprey) #26 SPC S3 G5 1996-09-26 24175 Location Description:T32N R19W S8,T32N R19W S18,T32N R19W S17,T32N R19W S7 Lasmigona costata (Fluted-shell) #163 SPC S3 G5 2001-09 29963 Location Description:T32N R19W S7,T32N R19W S18 Ligumia recta (Black Sandshell) #322 SPC S3 GS 2001-09 29982 Location Description:T32N R19W S19,T32N R19W S18 Ligumia recta (Black Sandshell) #331 SPC S3 G5 2001-09 29958 Location Description:T32N RI 9W S7 Ligumia recta (Black Sandshell) #332 SPC S3 GS 2001-09 29996 Location Description:T32N R19W S19 Obovaria olivaria (Hickorynut) #120 SPC S3 G4 2001-09 29997 Location Description:T32N R19W S19 Obovaria olivaria (Hickorynut) #128 SPC S3 G4 2001-09 29959 Location Description:T32N RI 9W S7 Panax quinquefolius (American Ginseng) #9 SPC S3 G3G4 1953-09-12 5184 Location Description:T32N R19W S30,T32N R19W S18,T32N R2OW SI3,T32N R2OW S24,T [...] Copyright 2008,Division of Ecological Resources,State of Minnesota DNR Minnesota Natural Heritage Information System:Rare Features Database Page 4 of 5 Printed June 2008 Index Report of records within 1 mile radius of: Data valid for one year Tiller-Zavoral T32N R19W Sections 18& 19 Washington County Federal MN State Global Last Observed Element Name and Occurrence Number Status Status Rank Rank Date EO ID# Washington County,MN Panax quinquefolius (American Ginseng) #42 SPC S3 G3G4 1988-09-07 9333 Location Description:T32N R19W S7 Panax ouinquefolius (American Ginseng) #43 SPC S3 G3G4 1988-09-07 9332 Location Description:T32N R19W S19,T32N R19W S18 Panax ouinquefolius (American Ginseng) #77 SPC S3 G3G4 1990-08-02 12087 Location Description:T32N R2OW S12,T32N R19W S7 Percina evides (Gilt Darter) #48 SPC S3 G4 2004-08-23 6204 Location Description:T32N R19W S32,T32N R19W S30,T32N R19W S19,T32N R19W S31 Pleurobema coccineum (Round Pigtoe) #7 THR S2 G4G5 2001-09 14637 Location Description:T32N R19W S19,T32N R19W S18 Pleurobema coccineum (Round Pigtoe) #118 THR S2 G4G5 2001-09 29960 Location Description:T32N R19W S7 Pleurobema coccineum (Round Pigtoe) #122 THR S2 G4G5 2001-09 29968 Location Description:T32N R19W S18,T32N R19W S17 Poa paludigena (Bog Bluegrass) #2 THR S2 G3 1987-07-07 7418 Location Description:T32N R19W S7 Quadrula metanevra (Monkeyface) #11 THR S2 G4 2001-09 10460 Location Description:T32N R19W S19,T32N R19W SI 8 Ouadrula metanevra (Monkeyface) #52 THR S2 G4 2001-09 29998 Location Description:T32N R19W S19 Quadrula metanevra (Monkeyface) #57 THR S2 G4 2001-09 29961 Location Description:T32N R19W S7,T32N R19W S18 Ouadrula metanevra (Monkeyface) #59 THR S2 G4 2001-09 29969 Location Description:T32N R19W S18,T32N R19W S17 Red Oak-Sugar Maple-Basswood-(Bluebead Lily)Forest Type #10 N/A S4 GNR 1987-05-07 7543 Location Description:T32N RI 9W S7 Seepage Meadow(South).Southeast Subtype #4 N/A S2 GNR 1988-06-09 7512 Location Description:T32N RI 9W S7 Seiurus motacilla (Louisiana Waterthrush) #7 SPC S3B G5 1988-06-I 1 8776 Location Description:T32N R19W S7,T32N R19W S18 Copyright 2008,Division of Ecological Resources,State of Minnesota DNR Minnesota Natural Heritage Information System:Rare Features Database Page 5 of 5 Printed June 2008 Index Report of records within 1 mile radius of: Data valid for one year Tiller-Zavoral T32N R19W Sections 18& 19 Washington County Federal MN State Global Last Observed Element Name and Occurrence Number Status Status Rank Rank Date EO ID# Washington County,MN Seiurus motacilla (Louisiana Waterthrush) #8 Location Description:T32N RI 9W S19 SPC S3B G5 1988-06-11 8732 Seiurus motacilla (Louisiana Waterthrush) #12 Location Description:T32N R20W S12,T32N R19W S7 SPC S3B G5 2002-06-15 8736 Silver Maple-(Virginia Creeper)Floodplain Forest Type #IS N/A S3 GNR 1987-07-07 7521 Location Description:T32N R19W S8,T32N R19W S18,T32N RI9W S17,T32N RI9W S7 Southern Wet Ash Swamp Class #3 Location Description:T32N RI 9W S7 N/A S2 GNR 1987-07-07 7637 Spikerush-Bur Reed Marsh(Northern)Type #1137 N/A S4 GNR 1987-07-07 7533 Location Description:T32N RI 9W S18 Tritogonia verrucosa (Pistolgrip) #55 Location Description:T32N R19W S19 THR S2 G4G5 2001-09 29999 Tritogonia verrucosa (Pistolgrip) #56 Location Description:T32N R19W S19,T32N R19W S18 THR S2 G4G5 2001-09 29983 Tritogonia verrucosa (Pistolgrip) #60 Location Description:T32N R19W S7,T32N R19W S18 THR S2 G4G5 2001-09 29962 Tritogonia verrucosa (Pistolgrip) #61 Location Description:T32N R19W SIB,T32N R19W S17 T S2 G4G5 2001-09 29970 Non-MN County-Located just outside Minnesota in adjacent jurisdiction(s). Haliaeetus leucocephalus (Bald Eagle) #139 SPC S3B,S3N GS 1994 13697 Location Description:Just outside Minnesota in adjacent jurisdiction(s). Haliaeetus leucocephalus (Bald Eagle) #230 SPC S3B,S3N G5 1989 10374 Location Description:Just outside Minnesota in adjacent jurisdiction(s). Haliaeetus leucocephalus (Bald Eagle) #246 Location Description:Just outside Minnesota in adjacent jurisdiction(s). SPC S3B,S3N GS 1989-Pre 10375 Haliaeetus leucocephalus (Bald Eagle) #1163 Location Description:Just outside Minnesota in adjacent jurisdiction(s). SPC S3B,S3N G5 1989-Pre 15840 Records Printed=70 Copyright 2008,Division of Ecological Resources,State of Minnesota DNR Zavoral Mine T32N R19W Sections 18 & 19 r., r• ,, : , .County : .... -,,I "� X•. : q .4...' .. 1 ' ' s p 4 ,�- .� WashingtonY • ' ;� :► n-4. 1, i v. 1 ,,� - . . •y 44, „. , ... . ,. ‘ b * a.' '� 1� '.., ' ,� ap •J,• ✓ .S .�� 3 :i •* ray;.•,_ . . ., , _ . , . ,.i I .V4.0 -:'4.'0 • "+} ." .I.. ,, . ' r a re ...,,4 1,,• • ‘, 44+ iv.. .2- .2 , , . � �{` ;fib,y" ': a�.. �` , j'`�.� .� _ ,� f a.-__ rp k ` ~{ 1 .•%dam• , .%_ . • ! ? y FR• �c•r ? +j ilk—stc,i.,%.4 . 40 . .t.' *. .;ft,'to:'''' t; • 4 oli ' 'Nti, ' ' i' , iikt. I, ..4:, . ..,',ItZ. 15t. z , ,.-0-7 1 i . *4 1-4' . - ' '4/ ? ) i,L. Project Boundary '�' , fi"'. 'rX • y`' ''r, ,;,' MLCCS communities �� } � +`� White pine-hardwood forest ,.. .:x iJ •Black ash swamp seepage subtype .� • `' 34' r. '1 5 ,y.,h �!A 1. '•'""�• '; �` ' ,�'� • e ♦JJvT!' ,y ' 14ifkf d ' ti'T+ i '. l4 .. a ,` .. ,, ,,. A ° 3 0 0.3 Miles ATTACHMENT 2 Wetland Delineation Report 18 3033 Campus Drive North, Suite 290, Minneapolis, Minnesota 55441 November 14, 2003 Mr. Mike Caron Tiller Corporation 7200 Hemlock Lane, Suite 200 Maple Grove, MN 55311-6480 Subject: Tiller Corporation Wetland Investigation—New Scandia Site Dear Mr. Caron: Telephone On November 11, 2003 two wetland specialists conducted a wetland investigation to7 6 3.5 5 l . l 0 0 1 determine if jurisdictional wetlands are present at the New Scandia site. The investigation was performed as part of the data collection process that was undertaken in order to prepare Facsimile an Environmental Assessment Worksheet. The New Scandia site is located in Washington County,T32N,R 19W, SW'/4 of Section.18,and the N %2 of the NW'/4 of Section 19. The 763.551 .2499 U.S.Fish and Wildlife Service(USFWS)National Wetlands Inventory(NWI)Map shows a PUBGx(palustrine/unconsolidated bottom/intermittently exposed/excavated)wetland in the southern portion of the site (Figure 1). The site has been disturbed by past sand and gravel mining operations. The area that was assessed for possible wetlands is shown on Figure 1. BACKGROUND DATA COLLECTION AND REVIEW The following materials were collected and reviewed to preliminarily identify potential wetland areas and gain a better understanding of the Site's geomorphic,setting: • U.S. Geological Survey (USGS) New Scandia 7.5-minute topographic quadrangle map. • U.S. Fish&Wildlife Service (USFWS)National Wetlands Inventory(NWI) Map. • Minnesota Department of Natural Resources(MnDNR)Protected Waters and Wetlands map - Washington County(1988). EARTHT E C H A Tyco Infrastructure Services Company • U.S. Department of Agriculture- Natural Resource Conservation Service (USDA-NRCS) Soil Survey and Comprehensive Hydric Soils List for Washington County, Minnesota (1995). • Digital orthophoto data(for Washington County, 1994) from USGS. METHODS Two wetland specialists walked the New Scandia site on November 11,2003. Vegetation, soils,and hydrology were assessed using the Routine On-Site Wetland Delineation Method according to the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) to identify and verify potential jurisdictional wetlands. The project area was investigated for areas where the vegetation, soils,and/or hydrology showed wetland characteristics. The methods used to evaluate wetland hydrology, soils, and vegetation is described below. Site photographs are attached in Appendix A. WETLAND HYDROLOGY • Direct observation of inundation,soil saturation,or other field indicators were used to identify wetland hydrology. Weather was also taken into consideration since recent precipitation events, or lack thereof,can significantly affect observed hydrology. The reliability of field indicators was tested by comparing their presence/absence along a wetland-upland gradient and by their correlation with wetland vegetation and hydric soil indicators. HYDRIC SOILS If it was determined that hydrology and hydrophytic vegetation was present the soils were assessed by boring a soil sample,generally greater than 12 inches deep,with an open faced auger. Soil characteristics were described using the USDA soil classification for soil texture and a Munsell Soil Color Chart. According to the Soil Survey for Washington County, MN, the site area consists of silt loamy,loamy sands,gravelly loamy coarse sand,a rock outcrop complex,and areas of past and active gravel pits. The gravel pit areas comprise the most predominant soil classification and cover about 42.8%of the site. The Emmert gravelly loamy coarse sand EARTH@ T E C H A tqco INTERNATIONAL LTD.COMPANY and the Emmert loamy coarse sand covers 23.9%and 2.2%,respectively,of the site. Other soil types found on the site are the Gotham loamy sand(12.8%),Antigo silt loamy(11.3%), Santiago silt loarns (5.0%), and the Mahtomedi Variant-Rock outcrop complex (2.0%). None of these soil types are listed in the NRCS hydric soils list for Minnesota. The Emmert soils are well drained, with very rapid permeability that formed on outwash plains in noncalcareous sand and gravelly sand outwash. The Gotham soil is a well- drained,rapidly permeable soil that formed on outwash plains in loamy sand or sand of 4' or greater thickness. The Antigo soils are well drained with moderate permeability in the upper silty mantle and very rapid permeability in the underlying material. The Antigo soils formed in a moderately deep silty mantle over sandy outwash. Santiago soils are well- drained,moderately slowly permeable soils on loess-mantled glacial uplands. These soils formed in 15-30 inches of loess and the underlying loamy glacial till. The Mahtomedi Variant is comprised of excessively drained,rapidly permeable soils on bedrock-controlled uplands that formed in a dominantly sandy mantle of erosional sediments and residuum weathered from sandstone bedrock. HYDROPHYTIC VEGETATION The hydrophytic vegetation criterion is met when more than 50 percent of the dominant species in a plant community have a wetland indicator status of facultative(FAC) or wetter. Dominant species are defined as species that cover at least 20 percent of the sample area. The National List of Plant Species that Occur in Wetlands-Minnesota(Reed 1988) was used to identify the wetland indicator status of plants at the Site. RESULTS Two wetland specialists walked the New Scandia site and no visible wetland indicators were present. No areas on the site were determined to meet any of the criteria of a wetland. Only upland vegetation and hydrology were noted. No soil samples were taken. There are no indications that the NWI mapped wetland shown on Figure 1 is present at the site. EARTH@ T E C A two INTERNATIONAL LTD.COMPANY Please feel free to contact us at (763) 551-2416 if you have any questions regarding the wetland investigation. We appreciate the opportunity to work on this project, and we hope to work with you again in the near future. Very truly yours, Earth Tech, Inc. //% 1 fir Mark Rothfor Ecologist cc: Kirsten Pauly, Sunde Engineering, Inc. EAR T H@ T E C H A two INTERNATIONAL LTD.COMPANY • 1 ` 11—k rfc;� 1 •}'1 f 0, /) > .;',,' \ " . 1 \ O J/� -15:44‘141 ,..- ' , cilli, ''' P 1�i r/ i� \I' i' T t (1' )1 1, I r "I'' "1 J II .. / �f� • 1r . pi / i r �a �— p " i �si ill:'. V it j _\/ 4/ / e 13, .: ' t /, .-: 1 t ti r I. -ci ' 1 11 '- J i r ir,' / kit; ) is, y, -'i< „tt- i * t . 6 r ? \ Sit { ,, i,r ( / i(7 l 0 1 11) I /r ,' T\-- , , t L- i -.., 1 ' r 1 r (x ' ir. --N i" \ CD‘ ' y i ---0,',/ ,i i . ' ,.. I\ i r"/ci .,oz \: il )0( �.� fir il�` '�>ti �� :/ {{' ��� i }. i 1 Id% 1 ' ..) 'i ' , 1) 1 `- 4. 1 \ • ‘`,. , i 1 40, ) ('-il 1 ) , ._,74,,,,,,.1.,),) .ssI) ,,,. y:// /I 1) , - 1'-_-,1.".' .-_ O-Jl /`/1/ 1 \�_- _. ` ram• �i\',. : tt - , 4 `tt i 1 \ c •-•4 J Itii ,�1 '�^4 l it i! ' ` 1 1� "_may' �' ` ,, i J s'i '�/J'` (,\. J � tom . t �j ..-4 7 r r - 1 ) `�- \� Y • -`� 1, a jl .....: _ �t 1 j t� '1 1 Legend �' ;, �\ ,t } 0 II r 1 \ NWI Mapped Wetland 3 ji + { �' FR � "•� Approximate Site Limits ) 41. VI I,,!j 1 i i o r_ S t 1 r�� 1 ;c.''' 0 200 t i ii Meters ti� �' ' /./, ; 5 Ilk1 FIGURE 1 - WETLAND INVESTIGATION SITE ,4...) F + F 1 H ' T E C H New Scandia Site Tiller Corporation November 2003 61050 • • • • • View South From North End of Site • • • View East From North End of Site EARTHT E C H A•dgCO INTERNATIONAL LTD.COMPANY 1 ,?i"ems V - '!i < : °S+r Il.,�'a"`M., .J�.. '.+.; P. #,fir r >, '' _ '' ti'C. + t \','i'•'' = ,i rS + sue r}r „[�� f � 44; ta` , t `1.' .,:-„Ali: ,+� ' S".,r r4pf S ib` — fI I K •'` `1 ' r if 4S 'V 4:.'• .. : + •? ,t ,• .. rY � t , • j?t. r { yt 'AI't p- 6 '' 41 r1 le !'a,. .i1 r� s . fitt fl... i 1 ' t� A =y: G T 0 s. l .t .; k+'}! -,, {ty'SV)t„I \77 A .0. • ° !LO. T! =Ir '3 d :r J -- zF�it :- i Tr'j t `i:if'0+�7k',i t' 1 i �r ,+�f fi #R t e I •- n vt,,-, s x''' `1�4 it: ,'> .' 3i,s`frnY1, if ,�„ 41,-� '' *r•,% ft View North From North End of Site 1t r j • t � .Jl� � " tir n 1 '*�,�. �^}7 f'�. .yl t:�7'� • _ r r [y ` Yt .a t F I t�� Y t d NQ 1I,r J I r View West From North End of Site E A R T H © T E C H 4'tqco INTERNATIONAL LTD.COMPANY ATTACHMENT 3 State Historic Preservation Office Letter 19 Page 1 of 2 Nick Monserud From: Joe Galluzzi [jalluzzi@sundecivil.com] Sent: Wednesday, November 12, 2008 3:55 PM To: 'Nick Monserud' Subject: FW: high-risk attachment-open at your own risk-verify sender is knownSHPO Database Review Request THIS EMAIL IS NOT A PROJECT CLEARANCE. This message simply reports the results of the cultural resources database search you requested. The database search produced results for only previously known archaeological sites and historic properties. Please read the note below carefully. No archaeological sites were identified in a search of the Minnesota Archaeological Inventory and Historic Structures Inventory for the search area requested.A report containing the historic properties identified is attached. The result of this database search provides a listing of recorded archaeological sites and historic architectural properties that are included in the current SHPO databases. Because the majority of archaeological sites in the state and many historic architectural properties have not been recorded, important sites or structures may exist within the search area and may be affected by development projects within that area. Additional research, including field survey, may be necessary to adequately assess the area's potential to contain historic properties. If you require a comprehensive assessment of a project's potential to impact archaeological sites or historic architectural properties, you may need to hire a qualified archaeologist and/or historian. If you need assistance with a project review, please contact Kelly Gragg-Johnson in Review and Compliance @ 651-259-3455 or by email at kelly.graggjohnson(c�mnhs.orq. The Minnesota SHPO Survey Manuals and Database Metadata and Contractor Lists can be found at http://www.mnhs.org/shpo/survey/inventories.htm Tom Cinadr Survey and Information Management Coordinator Minnesota State Historic Preservation Office Minnesota Historical Society 345 Kellogg Boulevard West 11/12/2008 Page 2 of 2 St. Paul, MN 55102 651-259-3453 From: Joe Galluzzi [mailto:jgalluzzi@sundecivil.com] Sent: Friday, May 02, 2008 4:45 PM To: Cinadr, Thomas Subject: high-risk attachment - open at your own risk - verify sender is knownSHPO Database Review Request Mr. Cinadr, We are preparing an EAW for a project east of Scandia and would like to request an archaeological/historical/cultural review of the site. The proposed use of the site is aggregate mining and processing. The site is located in the SW1 of Section 18, and the N1/2 of the NW1/4 of Section 19, both in Township 32 N, Range 19 W, in Washington County, Minnesota. A topographic map excerpt with the site area delineated is included as an attachment PDF to this email. No federal funding is involved with this project. Federal rules may be applied to certain aspects of the project (such as NPDES), but are administered by the MPCA. If you have any questions or need more information please contact me. Thank you, Joseph Galluzzi SUNDE ENGINEERING, PLLC 10830 Nesbitt Avenue South Bloomington, MN 55437 Ph: 952.881.3344 Fx: 952.881.1913 www.sundecivil.com 11/12/2008 History/Architecture Inventor y PROPERTY NAME ADDRESS Twp Range Sec Quarters USGS Report NRHP CEF DOE Inventory Number COUNTY Washington CITY/TOWNSHIP: New Scandia Twp. log house off Co.Rd.53 32 19 19 SW-SW-SE Marine-on-St.Croix WA-NSC-004 school off Mn.Hwy.95 hotel(razed) 32 19 19 SW-SW-NW Marine-on-St.Croix WA-NSC-007 32 19 19 Marine-on-St.Croix WA-NSC-021 Bowlin Summer House off Mn.Hwy.53 32 19 19 SW-NW-NE Scandia WA-NSC-022 Etzwiler Summer House 32 19 19 SW-SW-NE Marine-on-St.Croix WA-NSC-023 McLanahan Summer House 32 19 19 SW-NW-NE Marine-on-St.Croix WA-NSC-024 Hutchinson Summer House 32 19 19 NW-SW-NE Marine-on-St.Croix WA-NSC-025 Fitzpatrick Summer House 32 19 19 NW-SW-NE Marine-on-St.Croix WA-NSC-026 Pt.Douglas-Superior Military Rd.:New Mn.Hwy.95 Scandia 32 19 18 W-W Scandia WA-NSC-028 Pt.Douglas-Superior Military Rd.:New Scandia 32 19 19 W-W Marine-on-St.Croix WA-NSC-028 Friday,May 09,2008 Page 1 of 1 • Meeting Date: 12/16/2008 Agenda Item: 9 City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve lease agreement with the Scandia Marine Lions for use of the Old Fire Hall/Annex. Deadline/ Timeline: N/A Background: • The Lions have used the Annex for storage and for the office for their charitable gambling activities for several years. • During preparation of the 2009 budget, the city proposed reducing the utility costs for this building as it is not currently used for any municipal functions. • The Lions proposed to pay the city rent of$100 per month to help offset the utility costs. The Lion's board and the members have approved the $100 rent payment. • The attached lease agreement was prepared by the City Attorney. It states that the city is responsible for minimum electricity and heat, and any maintenance that the city deems in its own best interest. The Lions would indemnify the city from any liability concerning their use of the building. Recommendation: I recommend that the City Council approve the lease and authorize the Mayor and Administrator to sign on behalf of the city. Attachments/ • Draft Lease Agreement Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (lions lease report) Page 1 of 1 12/03/08 LEASE This Lease is made and entered into this 1st day of January, 2009, between the City of Scandia, 14727 209'h Street, Scandia, MN 55073 ("Landlord") and Scandia Marine Lions Club, P. O. Box 151, Scandia, MN 55073 ("Tenant"). 1. Premises. Landlord hereby demises and Tenant hereby leases the office space in the old City Fire Hall/Annex. 2. Term of Lease. This Lease is a month to month Lease beginning on January 1, 2009. 3. Rent. The rent for the premises is $100.00 per month payable in advance on or before the first day of each month during the term of the Lease. 4. Use. Tenant shall have the right to use the premises for office uses related to its charitable gambling activities. 5. Insurance. Tenant shall procure and maintain such policies of public liability insurance as it may deem appropriate and shall indemnify and hold Landlord harmless from all claims, damages and liabilities arising out of its use or enjoyment of the premises. 6. Waiver of Subrogation. Landlord and Tenant hereby release each other and each other's officers, directors, employees, stockholders, partners, parent companies, subsidiary companies and agents from liability or responsibility for any loss or damage to property covered by valid and collectible fire insurance with standard extended coverage endorsements. This release shall apply not only to liability and responsibility of the parties to each other but shall also extend to liability and responsibility for anyone claiming through or under the parties by way of subrogation or otherwise. This release shall apply only with respect to loss or damage actually recovered from any insurance company. Landlord and Tenant shall include this clause or endorsement in their respective fire and extended coverage insurance policies as long as the same shall be obtained without extra cost, or if extra cost shall be charged therefrom, so long as the other party, after notice, pays such extra cost. 7. Right of Entry. Landlord may enter the property at reasonable hours upon notice to Tenant to repair or inspect the property and perform any work that Landlord decides is necessary. 8. Default. If Tenant does not pay the rent or other amounts when due, or if it violates any agreement in the lease, Landlord may take possession of the property. If Tenant does not move out, Landlord may bring an eviction action. 1 9. Landlord Responsibility. Landlord shall provide and pay for electricity and minimum heat for the premises. Landlord shall not be responsible for any vandalism of, damage to, or loss of Tenant's property. Landlord shall not be required to provide any maintenance of the property except as Landlord determines to be in its best interest. IN WITNESS WHEREOF, the Landlord and Tenant have signed this lease this 16th day of December, 2008. LANDLORD: TENANT: City of Scandia Scandia Marine Lions Club By: By: Its: Mayor Its: By: Its: Administrator 2 Meeting Date: 12/16/2008 Agenda Item: 9 C..) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt Ordinance No. 112 Setting User Fees and Connection Charges for the"201" Community Sewage Treatment System. Deadline/ Timeline: N/A Background: • The "201" system is managed as an"enterprise fund." User fees must fund the entire cost of operating and maintaining the system, which benefits approximately 100 homes on Big Marine Lake. • The 2009 budget for operations of the "201"system calls for increasing reserves for future system repairs and replacement and setting aside funds for expenses (primarily system pumping) that occur every two or three years. Reserves used to cover a deficit in the 2008 budget (that resulted from unexpectedly high pumping costs this year) also need to be replenished. • For several years, the city has been cited by the State Auditor for having inadequate reserves in this fund. • The recommended rate increase is 20% for user charges. No change is recommended to other charges or connection fees at this time. 2008 Current Rate 2009 Proposed Annual $548.94 $658.73 Quarterly $137.24 $164.68 Recommendation: I recommend that the City Council adopt the ordinance. Attachments/ • Draft Ordinance No. 112 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (Ordinance 112 setting 201 rates for 2009) Page 1 of 1 12/05/08 CITY OF SCANDIA ORDINANCE NO.: 112 AN ORDINANCE ESTABLISHING USER CHARGES AND CONNECTION FEES FOR THE "201" COMMUNITY SEWAGE TREATMENT SYSTEM The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. ESTABLISHMENT OF USER CHARGES. User charges and fees for the "201" Community Sewage Treatment System shall be as follows: Fee (A) Base use charge: $658.73 annually/ $164.68 quarterly (B) Energy charge adjustment: $8.00 annually/ $2.00 quarterly (C) Late payment fee: $10.00 (D) Annual interest rate on account balances 30 days 12% past due: (E) Annual interest rate on delinquent accounts certified 12% for collection with property taxes: (F) Connection fee, per dwelling unit: $4,250.00 Section 2. REPEALER. Ordinance No. 109 adopted February 6, 2008 is hereby repealed. Section 3. EFFECTIVE DATE. This ordinance shall be in full force and effect on January 1, 2009, after publication according to law. Passed and adopted by the City Council of the City of Scandia this 16th day of December, 2009. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator Meetingg Date: 12I1612008 p enda Item: �j, Z. / Council Agenda Report City City of Scandia 14727 209th St. North4 Scandia,MN 55073 (651) 433-2274 Ordinance No. 39 regulating the Action Requested: Adopt Ordinance No. 113 amending tc. ermits,to increase construction of p blic utilities and requi the fee from$50.00to $150.00 and add provisions for financial guarantees. Deadline/ Timeline: N/A Background: • The city requires permits forinstallation alled to citylstandards and thaes in city t of way,to ensure that they a all areas disturbed,including streets or other public infrastructure, are restored. • The ordinance requiring permits was adopted in 1992, and the permit fee was set at$50.00 by ordinance No. 42 in 1993. • The city incurs staff costs for issuing the permits and consultant costs for reviewing and inspecting the work which often far exceed the permit fee. The Council discussed the fee during 2009 budget discussion and directed staff to prepare an ordinance increasing the fee to $150.00 • The draft amendment includes a new paragraph allowing the city to require a financial guarantee for restoration as a condition of issuing a utility permit. If the city determines a guarantee is needed for a particular permit,the amount would be as recommended by the Building Official (after consultation with the city engineer or other staff as appropriate.) The guarantee would be released by staff if restoration has been completed and maintained after one year. Recommendation: I recommend that the City Council adopt the ordinance. Attachments/ • Draft Ordinance No. 113 (redlined showing changes) Materials provided: • Current Ordinance No. 39 Contact(s): Prepared by: Anne Hurlburt, Administrator (Ordinance 113 utility permits) Page 1 of I 12/05/08 TOWN OF NEW SCANDIA ORDINANCE NO. 1 AN ORDINANCE REGULATING THE CONSTRUCTION OF PUBLIC UTILITIES ON OR UNDER THE PUBLIC GROUNDS AND RIGHTS OF WAY IN THE TOWNSHIP AND PROVIDING FOR PERMITS FOR THE INSTALLATION THEREOF The Town Board of New Scandia Township, Washington County, Minnesota, hereby ordains: Section 1. Permit Required Section 1. 1 i i No utility company shall open or disturb the surface of any public ground, right of way or easement for any purpose without first having obtained a permit from the Town. The permit application shall describe the type of facility to be installed and the proposed location and depth of installation within the right of way or easement. The facilities are to be installed pursuant to such permit and shall be located as directed y t e he Town, taking into account existingng and p pllanned underground facilities. No p ermt for installation of services or repairs and shall of previously installed facilities. aepl by the be issued by the Town Clerk upon approy Board. A nonrefundable fee of $100.00 shall be paid by the utility company with its application for permit. Section 1.2 it dhall be null the If construction worko fi a P�iotmmenced within 9 t if after the issuancea new permit must be obtained void.n In addition, permit is not completed within 12 construction under a ermit issuance. months of the date of p Section 2. tan Sdards Section 2.1 utilities rights of way and easements Location of ra or relocation Town rig of submitted for review shall be permittedhas su only after the utility company a approval by the Town Blocation withe dimenaion scaled d s map i ro osed utility map with p P or cable• size of pipe, conduit and/ Section 2.2 utilities shall be In newplats or subdivisions , and depths as locations possible when installedow he the streets in Where P done on shown on the attached exhibit rasing is to be shown required is or upg relocated as relocation ines, utilities shall be existing , on Exhibit A. Section 2.3 All areas disturbed by the installation of utilities shall be restored to at least the same condition as before commencement of the work. All areas of top soil disturbed by the construction shall be reseeded or resodded forthwith after the completion of the installation in that area . The Town may impose additional erosion control requirements if, in the opinion of the Township Engineer , they would be beneficial . The utility company shall provide an annual revised town map showing location of all of its utilities in the Town. Section 3. Penalty 4 Section 3. 1 Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $700. 00 or by imprisonment not to exceed ninety (90) days or both. Section 3.2 Violation of the ordinance may result in the following additional penalties. A. Termination of the permit. B. Proceedings to prevent, restrain, correct or abate any failure to comply with the conditions of the permit with the right to assess the cost of such action or proceeding against the utility company. This ordinance shall be in full force and effect from and after the date of its passage and publication as required by law. Adopted by the Town Board of New Scandia Township this /7*day of% i�a4,4 4 . , 1992 . Bygtflt44; :n, C airman ATTEST: Dolores erson, Cler 1 4 a i 1 1 I R/W R/W 60' R/W 4 12' 12' 41 12' al 91 6� a ,f r d N -CD 00 c0 .- Cvt U Li F— cn W W < CD W F- , UTILITY INSTALLATION SHALL BE BY PNEUMAGOPHER UNDER PAVED STREETS AND DRIVEWAYS AND SHALL BE A MINIMUM OF 36'1 BELOW LOWEST POINT OF PAVED SURFACE BEING CROSSED. I .j I i 1 l . _ _ .�. TYPICAL 5 i f (, . ., `. r,. UTILITIES PLACEMENT ENGINEERS ARCHITECTS PLANNERS NEW SCANDIA TOWNSHII CITY OF SCANDIA ORDINANCE NO. 113 AN ORDINANCE AMENDING SECTION 1.1 OF ORDINANCE NO. 39 REGULATING THE CONSTRUCTION OF PUBLIC UTILITIES ON OR UNDER THE PUBLIC GROUNDS AND RIGHTS OF WAY IN THE CITY AND PROVIDING FOR PERMITS FOR THE INSTALLATION THEREOF The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. AMENDMENT. Section 1.1 of Ordinanc No. 39 is hereby amended to read as follows: Section 1.1 No utility company shall open or disturb the surface of any public ground,right of way or easement for anypurpose without first having obtained a permit from the Town City. The permit\application shall describe the type of facility to be installed and the proposed'location and depth of ittsllation within the right of way or easement. The facilities aie,to to be installed pursuant to such permit and shall be located as directed by theTev; -City, taking into account existing and planned for installation of services or repairs and maintenance of previously installed"facilities le-ficrmit sli repairs and maintenance of previou lyinstalled facilities. A permit shall be issued by the T o= r� Building Official upon approval by the Town BoardCity ���� Council. A`nonrefundable fee of,$150.00 shall be paid by the utility company with its application for permit. The City Council may, as a condition of issuance of a permit, require a financial guarantee fora restoration of all disturbed areas to the standards provided by this ordinance. The guarantee shall be in a form acceptable to the City and in an `amount established by the Building Official. The Building Official shall inspect the site 12 months following completion of the restoration, and if the restoration has been completed and maintained according to city requirements may release the guarantee. Section 2. REPEAL. Ordinance No. 42 adopted January 19, 1993 is hereby repealed. Section 3. EFFECTIVE DATE. This ordinance shall be in full force and effect on January 1, 2009, after publication according to law. Passed and adopted by the City Council of the City of Scandia this 16th day of December, 2009. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator / '� Meeting Date: 12/16/2008 Agenda Item: Q.,) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve changes to the Community Center Rental Policy. Deadline/ Timeline: N/A Background: • The rental rates for the Community Center have not been adjusted for several years. When the current policy document was approved in March of 2007, it continued the rate structure that had been in effect in 2005/2006. • The Community Center operating budget, including contractual costs for cleaning and equipment maintenance has been increasing. During preparation of the 2009 budget the rates were examined and compared with rates in facilities in surrounding communities. The Council directed staff to prepare an amendment to the policy to raise rates for private events. • The rental rates are proposed to change as follows: Rental Rate: Resident Non-Resident Hall e $200 $37-5$475 Hall, Set-Up Day Prior to Event $100 $150 Heritage Room $75 $100 Kitchen Use Q $300 $265$300 City Attendant when Serving Alcohol $100$135 $4-00$135 • The fee for set-up on the day prior to the event is new. Allowing access the day before is a convenience to the renter, but can place a significant burden on staff and is disruptive to other building users. Some other facilities charge for this service. • Rental rates for community groups and non-profits, and for funerals, are not recommended to change. Recommendation: I recommend that the Council approve the revised policy, to be effective for contracts signed after January 1, 2009. Attachments/ • Community Center Rental Policy, proposed changes redlined Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (Community center policy raise rates) Page 1 of 1 12/08/08 City of Scandia Community Senior Center ,. Rental Policy Adopted by the City Council March 20, 2007 8CANDIA Changes Proposed December 16, 2008, to m i n n e S o t a be effective January 1, 2009 The City of Scandia makes the facilities at the Scandia Community Senior Center available to a wide variety of organizations, community groups and residents. This policy shall govern the priority for and fees for use of the facility. Any variation from this policy shall require approval by the City Council. Priority for Use: Public meetings and functions of the City of Scandia and its various committees shall take priority over other uses of the facility. Community-wide events such as Taco Daze shall also take precedence over other uses. Rental/ Reservation Agreement: All users shall sign a rental/ reservation agreement. A "Liquor Addendum" shall also be signed if any alcoholic beverages will be served at the event. Waiver of Rental Fees: Rental fees will be waived for use of the facility for the following purposes and/or to the following groups at no charge: • Meetings conducted or sponsored by the city or other units of local government (such as Washington County, watershed districts, etc.) • Firemen's Ball • Taco Daze community festival • All Scandia Marine Lion's Club functions (in recognition of the in-kind services provided and the contribution of the kitchen and equipment to the facility) • Senior Citizen's Groups and Activities • 4H Club, Boy/Girl Scout regular meetings, pinewood derby & Eagle Scout ceremonies (not requiring kitchen use) • Meetings of homeowner/ resident associations, special interest clubs (car club, horse and carriage, pony club, etc.) and similar community groups (not requiring kitchen use or serving alcohol) Special Rates for Community Groups: Special rates are established for non-profit groups (such as churches, schools, scouts and other charitable and/or service organizations) serving Scandia, as follows: • Events for small groups (less than 150 guests): $150.00 • Events for large groups: $300.00 • Duck Soup Players: $100.00 per night 1 Special Rates for Funerals: The rental rate for funerals, including use of the hall and kitchen, shall be $100.00 for residents and $150.00 for non-residents. All Other Users: Unless a reduced or special rate has been established, all other users of the facility shall be charged a rental fee as follows: Room Rental: Resident Non-Resident Hall $1-50200 $ 475 Hall, Set-Up Day Prior to Event $100 $150 Heritage Room $75 $100 Kitchen Use: $265300 $2-65300 Resident Rates: Resident rates are available to residents of the City of Scandia only. Residency will be verified at the time the rental agreement is signed. Reservations: Reservations may be made up to one year in advance. All rental fees are due when the facility is reserved. Rental fees are payable by cash or check to the City of Scandia. Cancellations: Rental fees are fully refundable if a written cancellation is received 60 days in advance of the event. Refunds will be issued if a written cancellation is received from 30 to 59 days prior to the event, if the facility is booked for another event for the time reserved. No refunds will be issued if the reservation is cancelled less than 30 days prior to the event Cleaning/ Damage Deposits: Users of the facility are responsible for cleaning up the facility and restoring the tables and chairs and any other equipment used to their original location and condition. Cleaning and damage deposits must be made in cash prior to picking up the key for the event. Cash deposits will be refunded in full upon return of the key, less any amount for cleaning required exceeding one hour, at the rate of$50.00 per hour, or for any damage to furnishings or equipment. Cash deposits required shall be as follows: • Community events and other non-profit groups: $100.00 • All others utilizing kitchen: $300.00 Waiver of Cleaning/ Damage Deposits: Cash deposits shall be waived for groups and events qualifying for waiver of rental fees. However, if the facility is not cleaned properly they will be charged for the necessary cleaning, and in the future will be charged a deposit. Kitchen Use: Small functions serving only coffee or light refreshments not requiring use of the major kitchen appliances (stove/ ovens/ dishwasher) may utilize the kitchen for their events without an extra charge for kitchen use. All use of the kitchen facilities must be in accordance with the requirements of the licensing authority (Washington County.) 2 City Attendant: At any event where alcohol will be served, an attendant provided by the City must be on duty at all times. Users shall pay an additional $100 135 fee for this service. The attendant is authorized to ask anyone who is obviously intoxicated or behaving in a disorderly manner to leave the premises. The attendant will assist with maintenance or facility needs during the event, and provide direction and assist with clean-up after the event. 3 Meeting Date: 12/16/2008 Agenda Item: ) City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt Resolution 12-16-08-xx setting employee pay rates for 2009. Deadline/ Timeline: N/A. Background: • The 2009 budget assumed a general cost-of-living adjustment of 3% for all employee wages. • Pay rates were adjusted 3% from 2007 to 2008. Inflation since January, 2007 has been approximately 7%. Wage adjustments planned by other Minnesota cities appear to be ranging from 3%to 4'/2 % for 2009. • The Human Resources Committee (Council members Crum and Peterson and Administrator Hurlburt) has recommended proceeding with the wage adjustments in the budget. The pay rates may need to be examined again after the pay equity report to the State of Minnesota (due January, 2009) has been completed. • Cost-of-living adjustments are not recommended for skating rink attendants and the election judges at this time. The rink attendants have already been hired for the season, and the pay rate appears to be sufficient in comparison with other positions. Election judge pay should be evaluated prior to the next election. • All of the other part-time seasonal positions have been adjusted by 3%. Some of these pay rates have not changed for 2 or 3 years. The new position of Maintenance Worker, Seasonal (Grounds Maintenance) which is included in the 2009 budget has been added (at $8 to $10 per hour.) • The pay rate for the Community Center Attendant (who works during events serving alcohol) is proposed to be raised from $100 to $120 per event. The current rates have been in place for several years. No change in the pay for the Community Center Cleaner($150 per event) is recommended. Recommendation: A resolution has been prepared for the Council's consideration. The Council may adopt it with any modifications you deem necessary. Attachments/ • Draft Resolution 12-16-08-xx Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (2009 pay rates) Page 1 of 1 12/08/08 CITY OF SCANDIA RESOLUTION NO.: 12-16-08-03 RESOLUTION ESTABLISHING EMPLOYEE PAY RATES FOR 2009 WHEREAS, after considering market data, inflation, and other factors the Human Resources Committee has recommended modifications to the pay rates for Scandia city employees for 2008; 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 following pay rates for 2009: Pay Rate Regular,Part and Full-Time Positions: (hourly unless otherwise indicated) City Administrator(FT) $85,160 (annual) Building/Code Enforcement Official (FT) $67,792 (annual) Maintenance Supervisor(FT) $26.14 Maintenance Supervisor(Acting, FT) $21.63 Maintenance Worker(FT) $19.41 Deputy Clerk(PT) $18.64 Treasurer(PT) $18.64 Office Assistant(PT) $12.86 Recreation Program Coordinator(PT) $15.30 Seasonal,Part Time Positions: Recreation Program Teacher $12.35 Recreation Program Youth Leader—High School $7.70 Recreation Program Youth Leader—College $8.25 Skating Supervisor $10.88 Ice Rink Maintenance Worker $12.86 Park Attendant(Ice Rink) $8.59 -$9.09 Maintenance Worker, Seasonal(Snow Plowing) $15.45 - $17.51 Maintenance Worker, Seasonal(Grounds $8.00 - $10.00 Maintenance) Head Election Judge $11.00 Election Judge $9.00 Community Center Attendant $120 (per event) Community Center Cleaner $150 (per event) Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk Meeting Date: 12/16/2008 Agenda Item: ap City Council Agenda Report J p City of Scandia 14727 2O9th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt a resolution supporting legislation giving county government the authority to approve watershed district annual budgets and property tax levies. Deadline/ Timeline: N/A Background: • Managers of watershed districts are appointed by the County Board of Commissioners. The county reviews and comments upon watershed district annual budgets but does not have authority to approve their budgets or tax levies. • The Washington County Board has adopted a legislative position advocating that counties be given authority to approve watershed district budgets and tax levies. The Board does not think it is appropriate for an appointed board to have taxing authority without approval of elected county boards of the affected area. • A bill was introduced during the last state legislative session to give counties approval of watershed district budgets, but the bill did not make it through committee. • Mayor Seefeldt has suggested that the City Council support legislation seeking greater oversight of watershed districts by adopting the attached resolution and providing it to the city's state representatives. Recommendation: I recommend that the Council consider adopting the attached resolution. Attachments/ • Draft Resolution Materials provided: • Washington County Legislative Position Paper • HF 4243 as Introduced 85th Legislative Session (2007-2008) Contact(s): Prepared by: Anne Hurlburt, Administrator (WSD Oversight) Page 1of1 12/08/08 CITY OF SCANDIA RESOLUTION NO.: 12-16-08-xx RESOLUTION SUPPORTING LEGISLATION TO INCREASE COUNTY BOARD OVERSIGHT OF WATERSHED DISTRICTS WHEREAS, watershed districts have authority to levy property taxes through Minnesota Statutes 103B and 103D; and WHEREAS, the City of Scandia is partially within three watershed districts: Rice Creek Watershed District, Comfort Lake Forest Lake Watershed District and Carnelian-Marine-St. Croix Watershed District; and WHEREAS, watershed district managers are appointed by the County Board of Commissioners, with advice from city and township elected officials; and WHEREAS, watershed districts present their annual budgets to the County Board of Commissioners for review and comment, but the Board does not have approval authority over the districts' annual budgets and tax levies; and WHEREAS, the City Council believes that it is not appropriate for an appointed board to have taxing authority without approval of elected officials representing and accountable to the people of the affected area; and NOW, THEREFORE, BE IT RESOLVED that the City of Scandia requests the Minnesota State Legislature to pass a law to increase oversight of watershed district boards by requiring submission of their annual budgets and tax levies to the County Board of Commissioners of their districts. Adopted by the Scandia City Council this 16th day of December, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk APPROVAL OF WATERSHED DISTRICT ANNUAL BUDGETS AND PROPERTY TAX LEVY BY THE COUNTY BOARD OF COMMISSIONERS Issue: Watershed districts (WD) are provided with levy authority through Minnesota Statute 103B and 103D. Joint powers water management organizations (JPWMO) collect funds through a levy collected by each of the member cities with authority through Minnesota Statute 103B. Washington County has seven WDs and two JPWMOs wholly or partially within its borders. WD managers are appointed by the County Board of Commissioners. The County Board of Commissioners does not have approval authority of the annual budget and property tax levy for WDs within the county. Currently, the WDs present the annual budgets to the County Board of Commissioners for review and comment. A comparable situation exists with the county's Housing and Redevelopment Authority which is governed by an appointed board but whose annual property tax levy must be approved by resolution of the County Board of Commissioners. Position: The Washington County Board of Commissioners are seeking authority to approve watershed district annual budgets and property tax levy amounts prior to adoption by the watershed district board of managers. The Board of Commissioners does not think that it is appropriate for an appointed board to have taxing authority without approval of the elected county boards of the affected area. The Board of Commissioners will need to determine if this legislation should be sought for all counties and watershed districts in the state, for watersheds in the metropolitan area only, or solely for watersheds located wholly or partially within Washington County. Support and Opposition: The Board of Water and Soil Resources (BWSR) and the Minnesota Association of Watershed Districts (MAWD) oppose county board approval of watershed district budgets. Attached is a memorandum from BWSR dated April 2, 2008 and a resolution from MAWD dated March 12, 2008. Watershed districts in Washington County will also likely oppose this legislative initiative. A bill authored by Representatives Dettmer, Hackbarth, Simpson, and Dean and Senators Vandeveer, Limmer, Doll, and Ortman was introduced during the 2007-2008 Legislative session. It is unknown if there are any other supporters of this legislative initiative. Previous Consideration: House file 4243 and Senate file 3869 were introduced during the 2007-2008 Legislative Session (attached). The bills added a provision for county board approval of watershed district budgets and submittal of budgets to the county board under Minnesota Statutes 103B.211 and 103D.351. The bills did not make it through committee last session. No Action: The County Board of Commissioners may continue to annually review and comment on watershed district budgets. Financial Implications: A WD has taxing authority to allow for the implementation of its water management plan. The WD levy is reflected on the tax statements prepared by the county and is collected and distributed by the county. It is likely that the combination of greater oversight of WD budgets by elected officials that are accountable to taxpayers, and who have a history of keeping property taxes and property tax rates low, will result in more constrained or lower WD property tax levies. The financial implications to the county are related to the costs of establishing an administrative process for review and approval of watershed district annual budgets. Currently the county has an administrative process for review and comment of watershed district annual budgets. Staff time and coordination is minimal. If the county had budget approval authority it could require additional staff time be devoted to data collection, budget analysis, holding public meetings, etc. Background Materials: In 2007, the Office of the Legislative Auditor conducted an evaluation of Watershed Management in the State of Minnesota. The report identified several policy options which could be used in improving performance and accountability of watershed management. One of these policy options was the selection of board members for watershed districts and Soil and Water Conservation Districts (SWCD). Attached is an excerpt from the Office of the Legislative Auditors 2007 Watershed Management Report that discusses selection of board members. Also attached is the 2008 adopted and 2009 proposed budget information for the watershed management organizations in Washington County. Proposal Contact Persons: Amanda Strommer, Program Manager Lowell Johnson, Director Public Health & Environment Public Health & Environment Washington County Washington County 651-430-6744 651-430-6725 amanda.strommer(c�co.washington.mn.us lowell.iohnson(a�co.washinciton.mn.us Watershed Management Organizations 2009 Budget Summary (Preliminary budgets, subject to modification before final adoption in December.) 2009 2008 - 2009 Comparison Total 2008 Total Budgeted Budgeted 2008 -2009 2008 - 2009 Expenditures Levy* Grants Interest/Fees Carry Over/FB Expenditures % Change 2008 Levy % Change Watershed Districts Brown's Creek $1,119,396 $865,333 $6,500 $1,200 $246,363 $1,152,917 -2.91% $819,717 5.56% Carnelian Marine St. Croix $667,450 $523,700 $113,650 $0 $30,100 $550,000 21.35% $520,000 0.71% Comfort Lake-Forest Lake $878,876 $754,458 $61,418 $20,000 $43,000 $384,471 128.59% $307,500 145.35% Ramsey Washington Metro $4,965,879 $3,578,879 $12,000 $140,000 $2,235,000 $4,033,779 23.11% $3,458,379 3.48% Rice Creek $3,851,479 $3,622,979 $0 $228,500 $0 $4,212,896 -8.58% $3,627,657 -0.13% South Washington** $2,711,222 $722,222 $0 $1,989,000 $0 $2,955,565 -8.27% $620,565 16.38% Valley Branch $2,902,000 $564,000 $0 $38,000 $2,300,000 $3,421,440 -15.18% $581,440 -3.00% Joint Power Water Management Organizations*** LowerSt.Croix $77,150 $0 $13,500 $0 $0 $101,122 -23.71% $101,122 -100.00% Middle St. Croix $250,220 $105,000 $70,000 $0 $75,220 $230,000 8.79% $100,000 5.00% *The levy for multi county watershed districts is the total amount certified to all counties. **A majority of the revenue in 2009 will be collected through a storm water utility fee rather than levy. ***All revenue comes from communities pursuant to the joint powers agreement. H.F. No. 4243, as introduced - 85th Legislative Session (2007-2008) Page 1 of *MI Legislature Home i Links to the World i Help I Advanced Search 4- Minnesota House of Representatives House i Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rule:- KEY. = removed, old language. underscored = added, new language. Authors and Status List versions Mete H.F. No.4243, as introduced -85th Legislative Session (2007-2008) Posted on May 13, 2008 1.2 relating to waters; requiring watershed districts and water management 1.3 organizations to submit information to counties;amending Minnesota Statutes 1.4 2006, sections 103B.211,subdivision 1; 103B.231, subdivision 14; 103D.351; 1.5 103D.911, subdivision 2. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2006, section 103B.211,subdivision 1, is amended to 1.8 read: 1.9 Subdivision 1. Authority. (a)Any agreement under section 471.59 to jointly 1.10 or cooperatively manage or plan for the management of surface water in a watershed i.11 delineated pursuant to subdivision 2, as required by sections 103B.205 to 103B.255, 1.12 may provide,in addition to other provisions authorized by section 471.59,for a joint 1.13 board having: 1.14 (1)the authority to prepare, adopt,and implement a plan for the watershed meeting 1.15 the requirements of section 103B.231; 1.16 (2)the authority to review and approve local water management plans as provided in 1.17 section 103B.235; 1.18 (3) the authority of a watershed district under chapter 103D to regulate the use and 1.19 development of land in the watershed when one or more of the following conditions exists: 1.20 (i) the local government unit exercising planning and zoning authority over the land 1.21 under sections 366.10 to 366.19, 394.21 to 394.37,or 462.351 to 462.364,does not have a 1.22 local water management plan approved and adopted in accordance with the requirements 1.23 of section 103B.235 or has not adopted the implementation program described in the plan; 2.1 (ii) an application to the local government unit for a permit for the use and 2.2 development of land requires an amendment to or variance from the adopted local water 2.3 management plan or implementation program of the local unit;or 2.4 (iii)the local government unit has authorized the organization to require permits for 2.5 the use and development of land; 2.6 (4) the authority of a watershed district under section 103D.625,to accept the 2.7 transfer of drainage systems in the watershed,to repair,improve,and maintain the 2.8 transferred drainage systems,and to construct all new drainage systems and improvements 2.9 of existing drainage systems in the watershed,provided that: (i)projects may be carried 1.16 out under the powers granted in sections 103B.205 to 103B.255 or chapter 103D or 103E; 2.11 and(ii)proceedings of the board with respect to the systems must be in conformance with 2.12 the watershed plan adopted under section 103B.231 and subject to approval by all counties 19 in which the watershed district is located; https://www.revisor.leg.state.mn.us/bin/bldbill.nhn?bill=H4243_0.html&.sescinn=lcRS 1 7/R/T'nnR H.F. No. 4243, as introduced - 85th Legislative Session (2007-2008) Page 2 of 3 :fa (5)the authority of a watershed district under section 103D.911 to adopt a budget 2.15 and decide on the total amount necessary to be raised from ad valorem tax levies to meet the budget,provided the budget is submitted to and approved by the county board of each 2.17 county included in whole or in part within the boundaries of the watershed; (6)the authority of a watershed district under section 103D.915 to certify its budget 2.19 with the auditor of each county having territory within the joint powers watershed 2.20 management organization; (7) the authority of a watershed district under section 103D.901 to file approved assessment statements with each affected county; and (8)other powers necessary to exercise the authority under clauses(1)to (3), 2.24 including the power to enter into contracts for the performance of functions with 2.25 governmental units or persons. (b) The Board of Water and Soil Resources shall adopt rules prescribing minimum 2.27 requirements for the content of watershed management organization joint powers agreements. 2.29 (c)Decisions by a joint powers board may not require more than a majority vote, except a decision on a capital improvement project,which may require no more than a 2.31 two-thirds vote. Sec. 2. Minnesota Statutes 2006,section 103B.231, subdivision 14,is amended to read: Subd. 14. Annual report.The Board of Water and Soil Resources shall adopt 2.34 rules establishing: 3.1 (I)requirements for annual watershed management organization financial reports to the board, including a report on administrative,project, and other expenditures. The board 3.3 shall require that an annual financial report be sent to the county board of each county 3.4 included in whole or in part within the boundaries of the watershed; (2) standards for annual financial audits by certified public accountants,procedures for the board to follow before ordering state financial and performance audits as determined by the board,and procedures for charging the costs of financial and 3.8 performance audits to the watershed management organization; and 3.9 (3)requirements for the content of annual activity reports to the board,which must include the number and type of permits issued,complaints received,plan and ordinance violations,projects constructed,new officers installed,variances granted,status of local unit adoption and enforcement of model ordinance requirements, and financial conditions of the watershed management organization. 3.14 Sec. 3. Minnesota Statutes 2006, section 103D.351, is amended to read: 103D.351 ANNUAL REPORT. (a)The managers must prepare a yearly report of the financial conditions of the 3.17 watershed district,the status of all projects,the business transacted by the watershed 3.18 district,other matters affecting the interests of the watershed district, and a discussion of 3.19 the managers'plans for the succeeding year. 3.20 (b)Copies of the report must be transmitted to the Board of Water and Soil 3.21 Resources,the commissioner,and the director,and the county board of each county in the 3.22 watershed district within a reasonable time. 3.23 Sec.4. Minnesota Statutes 2006,section 103D.911, subdivision 2,is amended to read: '7d https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H4243.0.html&session=1s85 12/R/7 1(R H.F. No. 4243, as introduced - 85th Legislative Session (2007-2008) Page 3 of 3 J.24 Subd. 2. Adoption; submission to county.On or before September 15 of each year,the managers shall adopt a budget for the next year and decide on the total amount necessary to be raised from ad valorem tax levies to meet the watershed district's budget 3.27 and submit a copy of the budget to the county board of each county in the watershed 3.2 8 district. Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. last updated:11/19/2008 hops://www.revisor.leg.state.mn.us/bin/bldbill.phn?bill=H4243.0.html&session=1s85 i 7/R/7nnQ 3) Date: December 12, 2008 To: Scandia City Council From: Board of Managers, Carnelian-Marine-St. Croix Watershed District RE: Washington County Proposed Approval of District Budgets It is the position of the Minnesota Association of Watershed Districts, that the proposed legislation requiring County approval of Watershed District annual budgets is inconsistent with the purposes of Watershed Districts as they exist today and as authorized in MS 103D and MS 103B. Watershed Districts were created to manage water resources within the hydrologic watershed boundary and implement programs and projects that address priority issues and problems. Watershed Districts also implement programs required by state and federal laws and rules. In 1955, the Minnesota Legislature decided that the State needed a new form of autonomous local government that could take on this vital issue and advance the crucial work that was needed to protect the health, safety and welfare of the Minnesotan's and conserve Minnesota's valuable water resources. The legislature passed the Watershed Act (MS 103D) to allow the creation of Watershed District, through a voluntary petition process, to manage water on a watershed basis. This law was specifically designed to address the need to plan for water management across city and county political boundaries and plan for the proper management of the water resources with consideration to the entire watershed. In 1982, the legislature passed the Metropolitan Surface Water Management Act (MS 103B) to extend this concept in the Metro area by requiring the formation of Watershed Management Organizations in every watershed in the Twin Cities. These Watershed Districts have proven to be an essential special purpose unit of local government to prepare water resource plans on a watershed level and implement programs and projects that solve water quality and flooding issues (the water management solutions is often located in a different city or county than the location of the problem). Watershed Districts were created to specifically address issues and problems that were not or could not be addressed by cities or counties. In most cases, Watershed Districts were created through a petition to the Board of Water and Soil Resources (as established in MS 103D) from one or more of the cities or counties within the jurisdiction of the Watershed District. The petition establishes the need for the District and the purposes anticipated for the new government entity. Specific issue points arguing against this legislation are listed below: • Watershed Districts were designed as a special purpose local unit of government that is autonomous from city or county control. Watershed Districts need to remain autonomous to maximize their effectiveness in the communities they serve and work in the interest of the water resources and in the public interest of the entire watershed. County approval of budgets allows one portion of the District to over rule or veto the proposed actions of the District to address problems throughout the District or unfairly object to the management approach proposed by another unit of government. • Watershed District Managers (the Watershed equivalent to a City Council member of SWCD Supervisor) are appointed by the County Commissioners of the Counties wholly or partially within the District boundaries. The County Commissioner appointment process is meant to insure that qualified individuals are appointed to the Boards that will provide equitable representation form the District geography, represent the varied resident constituency and possess the expertise needed to wisely govern the business of the District. This process was purposely designed in the original law to give the Counties some degree of control over the Board composition in a Watershed District. Counties now have the ability to shape the composition of the Board through their appointments. The proposed County budget approval takes a major District management tool out of the hands of the District. This could effectively hand-cuff the District Board with budget restrictions and makes it impossible for the District to implement their planning and capital improvement programs. This proposal would also severely hamper the ability of the County to attract qualified applicants for Watershed Board positions. • Many Districts work very closely with local officials and staff to ensure their support and cooperation. County budget approval authority could eliminate programs and projects that have support of the effected public and communities. • Many Watershed Districts in Minnesota included as many as 10 counties. This proposal could result in a District having no approved budget and levy in time for final levy authorization in December. District Managers and staff would have to begin the process for approval very early in the calendar year to present the budget to every county for approval. Any delay would be time consuming and potentially disastrous. This process would also result in the dedication of considerable staff and manager time in travel, meetings and communication. This would drastically reduce the efficiency of District operations and their ability to complete other necessary tasks and duties. • Counties already have safeguards that Districts are pursuing programs and activities consistent with its purposes and authorities. o The Watershed Act and the Metropolitan Surface Water Management Act require Districts to prepare Watershed Management Plans that take a comprehensive look at the conditions of the District, the resource management problems that exist or are anticipated, set goal for its water resources, and plan for improvements that solve the identified resource management problems. Counties, Cities, and state agencies are involved in the planning process and are required by law to have the opportunity to review these plans before final approval by the Board of Water and Soil Resources. This is a thoughtful and rigorous process that insures the District is working toward the purposes and goals of the District. o Minnesota Statutes require Districts to follow budgeting procedures, hold budget public hearings, follow open meeting law requirements, provide for annual financial audits, follow general accounting and financial management procedures and provide public information and education, as is required of all other local units of government. I Date: December 16, 2008 To: Scandia City Council From: Jim Shaver, Administrator, Carnelian-Marine-St. Croix Watershed District(CMSCWD) Re: Washington County Proposed Legislation for approval of Watershed District Budgets I respectfully submit my position on the above as follows: 1. Management of Local Water Resources at the local level- I feel that the responsibility of managing and supporting the management of water resources should be at the local level, as close to the resource as possible, starting with the riparian property owners. They have a vested interest in the resource and the most to gain or lose,both from an enjoyment and economic point of view. Any move of management farther away from the resource will necessitate additional bureaucracy and additional cost to insure that connection and almost surely, will lead to the loss of control at local level. Support of this resolution will begin to reverse local control of water management and lead to increased costs and isolated bureaucracy associated with larger government. 2.Current Accountability- The county currently has responsibility of appointing and removing watershed managers and therefore has the ability to change the direction,budgets and philosophy of the board of managers within a maximum four year time frame. This responsibility and power is enhanced at the local level by the ability and requirement of local government to supply a slate of candidates to the county prior to a manager's appointment or re-appointment. The County Board currently reviews budgets annually. They have stated in the past that they do not wish to be in the water management business. The CMSCWD had citizens at its budget meeting for the first time this year and was responsive to the point of cutting programs and reducing its levy,despite looking at its major expenditure, its ten year Comprehensive Watershed Plan, in 2009. Support of this resolution will needlessly duplicate the powers and responsibilities already in existence with the County Board and in fact,reduce responsiveness to local citizens. 3. Current Savings-Current gross savings accrued to date through the combination of the Marine on St. Croix Watershed Management Organization(MWMO)and Car-Mar are around $250,000. By joining these two entities,the public has benefited financially by avoiding duplication with the creation of watershed rules,a 10 year Comprehensive Plan and other programs scheduled for development at the MWMO. 4. Communication-One of the major reasons this is an issue for Scandia is a direct result of the merger. Despite taking 4 years and many public meetings to discuss the implications of the combination of the orphan area,the MWMO, and Car-Mar; and not withstanding the best efforts by all participants,there remained those citizens that were unaware that they were paying for water management and unprepared for the change in their method of payment. This has been acknowledged in the Board's Strategic Planning sessions of this year that emphasizes the necessity for open and complete communication and transparency in its operations. The practice was demonstrated this year through the reduction of both programs and levy noted above 5. History and politicization of MN Water Management- The MN State Legislature created the structure behind MN water management in 1955. I feel that the independent nature of water management was a very purposeful characteristic introduced in the original concept to avoid the politicization of water management and to insure consistent, long range treatment of this most important of natural resources for the people of Minnesota. The current resolution will be a step to reverse that critical move by the Legislature. 6. Lack of Support-The proposed legislation did not receive the endorsement of the Association of Minnesota Counties. 7. Escalation of Costs- Approval of District budgets at the county level will result in de facto program approval by the County Board. This will lead to an homogenization of services and programs across Watershed Districts in Washington County. Districts with larger current budgets will reduce programs and costs. However, it is my belief that Districts with smaller budgets and less programs will naturally increase programs and costs to average their services with their larger counterparts. This should be of specific concern to residents of the CMSCWD as the District has the smallest budget and levy of all Districts in the county. Therefore,I respectfully request that the Council not pass the Resolution before it requiring approval of Watershed District budgets. Sincerely, Jim Shaver Administrator Carnelian Marine St. Croix Watershed District Meeting Date: 12/16/2008 Agenda Item: 9 h ) City Council Agenda Report City of Scandia 14727 20911 St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint a committee to review the resolution and other documents establishing the Fire Department. Deadline/ Timeline: N/A Background: • The Town Board resolution governing the Fire Department was adopted in 1952. Since then, much has changed in city and fire department management and the environment in which they operate. • The League of Minnesota Cities provides a number of resources to cities to help them deal with legal liabilities and other issues concerning the operation of fire departments. One of their publications is attached to this memo. • Upcoming personnel changes in the Fire Department present an opportunity to review the 1952 resolution and other documents under which the department operates, to ensure that they reflect the current needs of the city and the department. • Mayor Seefeldt has requested that the Council consider appointing a committee to review the fire department's governing documents and to make recommendations on how they should be updated. Recommendation: I recommend that the Council appoint a committee consisting of two Council members (Mayor Seefeldt and Council Member Peter Crum), City Administrator Anne Hurlburt, and two members of the Fire Department. The Fire Department should be consulted for input on the appointments, which would be made by the Council at its January 6 meeting. Attachments/ • Resolution dated September 29, 1952 Establishing the New Materials provided: Scandia Volunteer Fire Department • "Legal Survey for Fire Departments", League of Minnesota Cities Contact(s): Prepared by: Anne Hurlburt, Administrator (FD Committee) Page 1 of 1 12/12/08 -71 • 1 RESOLUTION ESTABLISHIIIJG THE NEW SCANDIA VOLUIdTELE FIRE DEPARTsg;1TT. Be it ordained by the Town Board of the Township of. New Scandi that a department to be hereafter known as the New Scandia Fires Department, the object of which shall be the preve the protection of life and property within thelimitsoof otheire Townand - ship of New Scandia is hereby created as follows: • Section 1. Officers. Article 1. The Department shall consist of a Chief, two Assist- ant Chiefs and other officers as the Cief and £ sst. Chiefs may deem necessary for the effective operation of the Department. Article 2. The Chief shall be appointed by the Town Board for an indefinite period of time, and his tenure of office shall depend upon his good conduct and efficiency. . The Chief shall be technically qualified by training and experience and shall have ability to com- mand men and hold their respect and confidence. He shall .Le removed only for just cause and after a public hearing before the Town Board . Article 3. The Chief shall be held accountable to the Town hoard only, and shall make written and verbal reports thereto as the .Town Board may require. All other Department officers shall be account- able to the Chief only. Article 4. The Assistant Chiefs and all other operational officers shall be appointed by the Chief. Such officers shall be accountable only to the Chief, and subject to removal by him. • Section 2. Duties of the Chief. Article 1. The Chief shall formulate a set of rules and regulations to govern the Department, and shall be responsible to .the Town Board for the personnel, morale and general efficiency of the Department. Article 2. The Chief shall at least once a month conduct suit- able drills or instruction in the operation and handling of equip- ment, first aid and rescue work, salvage, a study of buildings in the township, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire. • Article 3. The Chief is hereby required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires. Article f. The .Chief is hereby empowered to enter any and all buildings and premises at any reasonable hour for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. T '4 '� �' �+ ''I t••.- -i, ' t ; � .49r �,p�s �" f *'"' `(�:�-�►k5 � ..'T.of.. i,t....�:� .r•<._., t :v'iti�:�'.. �.j.�ir�r fik`� . ,. •.ws4�dC'„..�C .�"�:. Article 5. tiny person so served with a notice to abate any fire hazard or hazards , shall comply therewith and promptly notify the Chief. Article 6. The Chief shall see that complete records are kept of all fires, inspections , apparatus and minor equipment, personnel and other information about the work of the Department. Article 7. The Chief shall report annually to the Town hoard the condition of the apparatus and equipment; the number of fires during the year, their location and cause, and date of same and loss occasioned thereby; the number and purpose of all other runs made; the number of members responding to each fire or other run, any changes _ in membership, and recommendations for improving the effectiveness of the Department. Section 3. . Membership. ' Article 1 . The. membership of the Department shall consist of a chief, two asst. chiefs and not over 14 firemen as may be appointed by the Chief and shall be able-bodied male citizens residing within the Township, preferably property owners whose business activities are normally within the confines of the township, and who have telephones in their homes. Article 2. any member of the Department may be suspended or discharged from the Department by the Chief at any time he may deem such action necessary for the good of the Department. On written request of such member to the Town Board he shall be given a public hearing on the charges brought by the Chief. Section 4. Lquipment. Article 1. The Department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. Article 2. Recommendations of apparatus and equipment needed shall be made by the Chief, and after approval by the Town Board shall be purchased in such manner as may be designated by the Town Board. Article 3. All enupment of the 'department shall be safely and conveniently housed in such places as may be designated by the Town Foard . Such places shall be heated during the winter season. Article 4. Suitable arrangement or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the Department so that they may promptly respond . tirticle 5. No person shall use any fire apparatus or equipment for any private purpose except on authority of the Chief, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the Department. 1. R r. Article 6. Igo person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having the special permission of, an officer or authorized member of the Department. Article 7. The Town Board is hereby authorized to enter into agreements or contracts with nearby incorporated communities or individuals governing bodies of other organizations to provide the members of such communities or organizations with fire protection or establish a mutual aid system. Article 8. No apparatus shall be hired out or permitted to leave the Township, except in response to a call for aid at a fire in a neighboring community without the consent of the Chief. The officer in charge of the Department shall have power to assign equipment for response to calls for outside aid in accordance with Article 7, and in other cases only when the absence of such equip- ment will not jeopardize protection in this township. Section 5. General. Article 1. Each member of the Department may be issued a badge designating his rank. Article 2. Al]. motor equipment and all personal cars of Depart- ment members shall have right-of-way over all other traffic when responding to an alarm. Article 3 . Each member of the Department driving a car may be issued a suitable insignia to he attached to the car. Article 4. No person shall drive any vehicle over fire hose except upon specific orders from the Chief or other officer in charge where the hose is used . Article 5. No person shall park any vehicle or otherwise cause any obstruction to be placed within ten (10) feet of the entrance to any fire station or other place where fire apparatus is stored, or within ten (10) feet of any fire hydrant or cistern. Article 6. No unauthorized person with any vehicle shall follow within six hundred (600) feet of any apparatus belonging to the Department, nor park any vehicle within three hundred (300) feet of a fire. Article 7. No person shall maliciously turn in or cause to be turned in a false alarm. Section 6. Enforcement. Article 1 . Any person violating the provisions of Sedtion II , Article 5; Section IV, articles 5 and 6; and Section V, Articles 2, 4, 5, 6, and 7 shall , upon conviction by a pr! :per court or before a Justice of the Peace, pay a fine of not less than ten (10) dollars or more than one hundred (100) dollars for each offense. Ti � 7-' � Sl`-f'li..,ty-+ l �k' i • ::i ;.,lJ y4. ,}� r ]' i ..L• _ti( '�yAirfi+ = • Wi s .ai 4. �.7J.!"' Sl .fir• • _ fib!« ✓�'tL�Yr' :. 4 ��� .►' ,:.ice,, Article 2. hll regularly appointed members of the Department are hereby given the necessary special police powers for the purpose of enforcing the provisions of this ordinance. Article 3. It is hereby made the special duty of the Constable and/or other peace officers who may be on duty and available for fire duty, to respond to all fire alarms and assist the Department in the protection of life and property, in regulating traffic, maintaining order, and enforcing observance of all sections of this ordinance. Section 7. Special Officers . Article 1. The Department may elect a President, Vice President, Treasurer,and to be known as Social Officers. Such off- icers may be elected in any manner and for any term the membership may decide upon, and their duties shall be to arrange for and manage any or all social functions sponsored by the Department. Article 2. The functions and duties of -said SoCial • Officers shad in no wise interfere with those of the regular Department officers who are charges with responsibility for all fire service activities of the l-epart:nent. All ordinances and parts of ordinances inconsistent herewith are hereby repealed . Adopted and appro ed t its Ernie Anderson AY day of __ -~---1952. Chair-man. Victor T. Swenson Supervisor. • Ellsworth 0. Johnson Supervisor. LEAGUEoi CONNECTING & INNOVATING MINNESOTA ' lN('F I913 CITIES RISK MANAGEMENT INFORMATION LEGAL SURVEY FOR FIRE DEPARTMENTS Fire departments have to review unique employment and other issues because of the nature of their employees'work. This memo includes important questions that cities need to consider in order to comply with the legal requirements of fire departments. Selection • Job Descriptions— Does the department have job descriptions for the fire department personnel? If so, do they list the essential functions of the job? Do they include physical requirements such as lifting, vision, mobility and hearing? Under the Americans with Disabilities Act and the Minnesota Human Rights Act, a city cannot discriminate against a qualified person with a disability. • Physical and Medical Standards — Do they match the realistic requirements for the job? Do the physical tests relate to actual functions of the job? Are the passing grades reasonable? Are they required for all candidates and applied fairly? Are medical examinations required after the job has been offered? If someone is disabled, has the city considered reasonable accommodations? • Process—How are firefighters selected? The department should have an objective process similar to an employment selection process. Interview questions should focus on ability and availability. There should be no questions on race, religion, marital status, disability etc. It is illegal to discriminate for those reasons under the Federal Civil Rights Laws and under the Minnesota Human Rights Act. Any test or process could be challenged for being discriminatory on its face or having a discriminatory impact. In Kohn v. City of Minneapolis, 583 N.W. 2d 7 (Minn. App. 1998), the court found that there was a continuous discrimination in fire department promotions when the city used an eligibility list from a test that had an adverse impact on minorities. • Voting—Firefighters should not vote for the initial selection of firefighters or for promotions. If there is a challenge to the hiring process, it is very difficult for the fire department to articulate a non- discriminatory reason for the hiring decision when it was made by a vote of the department. • Veterans Preference —The Minnesota Veterans Preference Statute (Minn. Stat. § 197.455) applies to all city departments including fire departments. The city should develop a hundred 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 14s um‘'Iii`ThMI „;\; rut)N, (6511281-1200 ,nx 16511281-1298 INSURANCE TRUST „ rnui 5;10; 2044 It'll IP:;; (8001 925 1122 wii:„\vlvlM(:,,K,, • point system for selecting firefighters. The points should be used at the initial screening before the interviews. • Residency— Under Minn. Stat. § 415.16, cities may impose a residency requirement but it must be defined by reasonable response time not political boundaries. • Background Checks — Under legislation passed in 1999 (Minn. Stat. § 299F.036), a city can conduct a previous employment investigation on firefighter applicants. If the applicant gives permission, employers must give out information and will be immune from civil liability. Discipline • Policy Reasons — Is there a policy outlining reasons for discipline of firefighters? Does it include general reasons including such things as insufficient attendance at training and fires, inability to do the job and inappropriate behavior? Has the city considered reasonable accommodations if someone is disabled? In Rinkenberger v. City of Clearwater, Docket Number C5-98-563 (Minn. Ct. App., Sept. 1, 1998)(Unpublished)the court upheld the city's termination of a firefighter based upon his failure to attend 20%of the runs in a three month period and the same number in a subsequent probation period. There was no violation of his due process rights. • Procedures—Is there a policy showing the procedures for disciplining firefighters? Is notice and a hearing required? Is a grievance procedure provided? Is the process applied fairly to all firefighters? • Whistleblower Statute—Minn. Stat. § 181.932 protects good faith reports of violations or suspected violations of any state law or rule. If the city is considering discipline against a firefighter, it should be cautious if the firefighter has made any reports of illegal actions prior to the city's actions. In Hedglin v. City of Willmar, 582 N.W. 2d 897 (Minn. 1998) the Minnesota Supreme Court held that the whistleblower statute applies to a city fire department. Agreements • Contracts for Services—Does the city have contracts to provide fire services to townships, Native American reservations, or individuals outside the city limits? If so, they should be reviewed to determine that they adequately describe the relationship and how liability will work. It is important to clarify how payment will be handled. The agreement should also emphasize the public duty and discretionary nature of the service provided. If Bureau of Indian Affairs money will be used for the reservation contract, the Bureau must approve those contracts. Also, Native Americans are immune from state lawsuits unless they consent within the contract to be bound by state law. 2 • Mutual Aid Agreements - Does the city have mutual aid agreements with other entities that provide fire service? Are they up-to-date? Do they clearly state who is in charge of the emergency scene? Who is liable for third party injuries? Who will be responsible for injuries to the firefighters? LMCIT recommends that cities consider limited indemnification provisions whereby the requesting party agrees to indemnify the responding parties to the extent of one state liability limit. • Joint Powers Agreements - If the city is interested in forming a joint power agreement with another entity, how will insurance and liability be handled? Who owns the fire hall equipment and other property? Policies • Policy Manual - Does the fire department have a policy, or standard operating procedures, or rules and regulations book? If it is in the form of by-laws, we recommend that it be changed to a policy book since the fire department generally is not a separate entity. The fire department policies should be coordinated with the city's policies. • Military Leave-Minnesota Law(Minn. Stat. § 192.26)requires cities to provide leave for military service without loss of pay for up to 15 days per year. In Howe v. City of St. Cloud, 515 N.W. 2d 77 (Minn. Ct. App. 1994), the court held that a day for the purposes of the Minnesota Military Leave Act is considered to be a 24 hour period. In Boelter v. City of Coon Rapids, Docket No. 99-Civ.-697 (D.Minn., Sept. 15, 1999), the federal district court held that firefighters were entitled to overtime under the Minnesota Military Leave Act. • Sexual Harassment-Under both state and federal court cases, cities should have a policy on sexual harassment and provide training on a regular basis. • Alcohol in Fire Hall-Does your department allow alcohol consumption in the fire hall? There may be potential dram shop liability if there is any sale of alcohol such as beer being sold in a pop machine. Does the city have an ordinance prohibiting alcohol in public buildings that would include fire halls? • Alcohol Response-Most departments have policies which state that a firefighter should not respond to an alarm if the firefighter has been consuming alcohol. If a department is having a special event where the firefighters will be drinking, the department should contact another city's department to cover for them during that event. • Alcohol and Drug Testing- There is no state or federal law that requires alcohol and drug testing for firefighters. Firefighters in Minnesota are specifically exempt from the commercial driver's license testing requirements. A city can require a firefighter to undergo such testing if it has a policy as outlined in Minn. Stat. § 181.950- 957. 3 • Motor Vehicle Records - Does the department periodically check the motor vehicle records of firefighters who will be driving city vehicles? If there are driving violations, the city could be at risk of a negligent entrustment type of claim. If a driving violation has resulted in a suspension of a driving license that would be a legitimate reason for discipline if the employee needed the license for the position. • Use of Private Motor Vehicles - Does the department allow firefighters to respond to the scene in their private vehicles? Are there any rules if a firefighter has a business related to accidents such as a tow truck? • Emergency Vehicles -Only emergency vehicles that have their lights and sirens on can disobey the state traffic laws. (Minn. Stat. § 169.03). This means that firefighters' private vehicles cannot break the law on the way to the fire hall or on the way to the fire. Equipment • Competitive Bids- Does the fire department purchase and sell equipment pursuant to the Minnesota Municipal Contracting Law(Minn. Stat. § 471.345)? • Equipment Agreements- Does the city share or have joint ownership of any firefighting equipment? If so, is there a written agreement governing that relationship? Does it outline how insurance and liability will be handled? Construction of Fire Halls • Architect- Will the city use a licensed architect or engineer for the design of the building? Under Minn. Stat. § 326., a professional architect or engineer must be used for new construction. • Competitive Bids-Is the project being done pursuant to the Minnesota Municipal Contracting Law(Minn. Stat. § 471.345)? Special Events • Alcohol -Will there be any sale of alcohol? If so, does the city have dram shop insurance to cover the risk? LMCIT's liability coverage excludes claims covered under the dram shop statute. • Insurance-Does the city's insurance cover the proposed special event? There are exclusions under the LMCIT coverage document for motor vehicle races; mechanically operated amusement devices; rodeos and fireworks. 4 • Control -Whose event is it? Which organization has control over the activities - the city, the fire relief organization, or a private service organization? When an individual acts for the event, is it clear as to which organization he or she represents? Finances • Whose money is it? - It is important to clarify whether the money belongs to the Fire Relief Association or the Fire Department. Money should be handled differently depending on which organization is involved. Fire Relief Association - Under Minnesota state law, a fire relief association must have two separate funds -a general fund and a special fund. The association may receive donations to both funds. Both funds are subject to the Minnesota Data Practices Law and the Minnesota Open Meeting Law. The financial records for the special fund, which is primarily for pension benefits are public. The financial records for the general fund that is for any purpose that benefits the association and its members are open to all of its members. Fire Department- In most situations, the fire department is a department of the city. Fire department money would be city money and should be turned over to the city treasurer. The city has the authority to accept donations and contributions. The fire department does not have any authority separately to receive such funds. Funds received by the fire department are under the control of the city council. Gambling Under Minnesota law, fire relief associations can conduct gambling for lawful purposes. The proceeds may be used for general fund expenditures of the relief association or may be donated to the city in addition to various other uses set out by statute. Note that the statute specifically prohibits donations of gambling money to the city if one knows that the city intends to use that money for a retirement or pension fund. (Minn. Stat. § 349.12 subd.25 (b) (6) and Minn. Stat. § 471.6151.) Controlled Burns • Agreement- Does the city have a written agreement with the owner of the property that outlines each party's responsibilities? • Permit- Has the city obtained a Minnesota Department of Natural Resources DNR permit, if needed? • Standards- Does the city have such publications as "Structural Burn Training Procedures for Minnesota State Colleges and Universities"or the National Fire Protection Standard #1403, Standards on Live Fire Training Evolutions in Structures"? 5 Employee Safety • Bloodborne Pathogens - Does the fire department have a policy and provide training on bloodborne pathogens? • Other OSHA Policies - Does the fire department have other safety policies required by OSHA such as Chemical Right to Know and Confined Space Entry? Fair Labor Standards Act • Volunteers-Cities are not required to pay minimum wage or overtime to true "volunteers" under the FLSA. In order to be classified as volunteers, firefighters cannot receive anything but "expenses, reasonable benefits or a nominal fee." The closer the amount that a firefighter receives is to minimum wage, the less likely he or she will be viewed as a true volunteer. • Overtime- Is there any overtime exposure for the city? For example, is there any city employee who is also a volunteer firefighter and does the same type of work in both positions? Firefighting Liability • Public Duty Doctrine-Generally, firefighting is legally considered to be a public duty rather than a special duty to individuals. Dahlheimer v. City of Dayton, 441 N.W. 2d 534 (Minn. App. 1989) • Discretionary Immunity - If the claim is based upon a tactical decision, then this immunity under Minn. Stat. § 466.03 Subd. 6 may be available. Franks Livestock v. City of Wells,431 N.W. 2d 574 (Minn. App. 1988). How firefighters actually fight the fire is not protected by this immunity. Invest Cast, Inc. v. City of Blaine, 471 N.W. 2d 368 (Minn. App. 1991). Fire Safety Programs • Agreements and Waivers- If the department participates in any fire safety programs such as smoke detector programs or fire surveys, are there any written agreements or waivers used? • Procedures-Does the department participate in any fire safety programs such as safety camps or fire extinguisher training? If so, do they follow proper procedures, use the appropriate equipment and keep records. Ann Gergen 11/07 6 Meeting Date: 12/16/2008 Agenda Item: 1' i/ City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a Fire Department Service Agreement with May Township for 2009 through 2011. Deadline/ Timeline: N/A Background: • The township/city has provided fire protection services to part of May Township for a number of years. The last contract covered the years 2006 through 2008. • The City Attorney has prepared a new contract, revised to incorporate some recommendations from the Minnesota League of Cities. It was submitted to the May Township Attorney for review and changes have been made in response to comments. It has not yet been approved by the May Town Board,but Board Chair Bill Voedisch has agreed in concept. • The contract specifies the portion of the Township to be served by the City. A map illustrating the service territory is attached. The remainder of the Township is served by the Marine on St. Croix and Stillwater Fire Departments. • The payment from May Township to Scandia negotiated in previous contracts has been based on May's share of the Fire Department budget (not including the city contribution to the Fire Relief Association) determined by the population served. It had been assumed that approximately 17% of the township's population was in the Scandia service territory. • Since the last contract was signed, most of the development in May Township has been outside of the Scandia service area. May has also lost homes to demolition, primarily in land acquired by Washington County for the Big Marine Lake Park Reserve. As there is no current census, a count of homes in the service area was made by both May and Scandia officials and staff and used to estimate the population. • There are 173 homes in the Scandia service area of the township. We consulted with the Metropolitan Council to estimate the persons per household in this area of the township (2.86) and calculated the town's population served to be 495. The 2007 Page 1 of 2 12/12/08 population for Scandia was 4,210, for a total of 4,714 served by the fire department. May's population represents 10.52% of the total population served. • The proposed 2009 Fire Department budget is $353,287. For previous contracts, the city's contribution to the Fire Relief Association was deducted from the budget to determine the city's costs. Deducting a $75,000 city contribution to the Relief Association, fire service costs for 2009 are budgeted at $278,287. May Township's share(10.52%) would be $29,266. • Scandia's costs have been going up faster than the general rate of inflation over the last several years. The last contract included only a 3% inflation factor, causing May's payments to fall behind the actual costs. The new contract includes a 5.5% inflation factor, resulting in contract amounts of$30,876 and $32,574 for 2010 and 2011, respectively. • The Park Reserve opened in the summer of 2008. The influx of park users may place new service demands on Scandia, particular for rescue or medical calls. In the future, it may make sense to evaluate the need for services to this part of May Township based on calls for service or some factor(s) other than population only. More experience and data would be necessary to make this determination,but it could be considered for future contracts after 2011. Recommendation: I recommend that the Council approve the Fire Department Service Agreement with May Township for 2009-2011. Attachments/ • Data for Fire Services Contract Discussions Materials provided: • Map of May Township Service Area • Draft Fire Department Service Agreement Contact(s): Prepared by: Anne Hurlburt, Administrator (fire service contract) Page 2 of 2 12/12/08 Data for City of Scandia/ May Township Fire Services Contract Discussions City of Scandia Fire Department Budgets,2005-2009 2005 2006 2007 2008 2009 Actual Actual Actual Estimated Proposed Expenses Expenses Expenses Expenditures Budget Total Budget $244,427 $282,303 $278,605 $317,489 $353,287 Less Muncipal Contribution to Relief Association $38,468 $44,667 $48,873 $50,000 $75,000 $205,959 $237,636 $229,732 $267,489 $278,287 Change from Previous Year 15.38% -3.33% 16.44% 4.04% Population Served(2007 Metro Council Estimate) Population % Population Population Households Persons/HH* HH Served Served Served Scandia 4,210 1,490 2.8255 1,490 4,210 89.48% May 3,269 1,129 2.8600 173 495 10.52% 7,479 2,619 1,663 4,705 100.00% *Per May Township discussions with Met Council Current Contract 2006 2007 2008 May Share $24,991 $24,160 $28,131 Actual May Contract Payment $20,890 $21,516 $22,162 Difference $4,101 $2,644 $5,969 Cummulative deficit(based on 10.74%of $4,101 $6,745 $12,714 costs) Proposed Contract 2009 2010 2011 May Share $29,266 $30,876 $32,574 Inflation Factor,Years 2&3 5.50% 5.50% May Cost Per Capita Served $59 $62 $66 May Cost Per Household Served $169 $178 $188 12/12/2008 1:33 PM lea an, J. SCA . ':. 15 =was N Town of May fl S 1 r____ s,n r- �ht� .ra.. lr ) 41 U 6' V 1 J .7I f -'t;1 ! nw : am 116 �" '�"�i� J 1 -r� o.tir1 �°»ati • �, � �� 1 2030 COMPREHENSIVE V f s1 .` -, -��i `�`,r„�,- '�GC'��� r �' PLAN UPDATE -1_ J N r�u ' ' ; P —L MARINE ON �i i (` Etc C: '; ST.CROIX il� -� Zl_ is , Existing Land Use Scandia Fire and Rescue ',-""_ Service Area = (Per Met Council Categories) �S x,rw.w 1 -- T; May Township ,L411g�'� 1rr r ,.. f Single Family Residential � �� �.I a,1;r,�/ Seasonal/Vacation - ,` < ,t - �1'1 I `m Manufactured Housing Parks 18J —C �i�� C� .l' ' is4 TA ��ilJl7� t IIIIII Commercial Y P,m 1 fa - _ , 1' a) i 57 Industrial&Utility �� P ® ®Q ( � E. as Extractive t' =( am Institutional a C_ 1 ®Park,Recreation,or Preserve ~� .r.--,"" I _ min • x9 r 20 1 r 6,. ie�. �1 y,— Q ---'22 l i'} U2 2I.„ . � n Farmstead �� Undeveloped e< ra --' 2 �" y.� + °, eloped c® __leikah., .) ,■ _�Water 1. 7. ��� a �i.` 1 gll ® Q►0� j j Sections m�-z 2 ~,k`_ S' ' tr; m s 1.1 r X�J`Railway �� k T 2I ' , r®� �27 \/ ; 2F a 'z9 _�1111 1 25 _ ® 30"a7":111,1,r:l'alair",,,,,' 4t N Public Roads i " o f \ i �+ eli`STt Y' r`Gc �,4_ ���V♦-r FNIAZ S'N _" '`J` _ A Pillt e c `: r ® error, - r '� "712 Miles r" l a2 1�. � e � as ®,�— �aa as .� se fp sz� 0 05 1 2 a SrN Q.4 I���_��� r-1 I - \ ..�Q"�` f•'n ii 41 ', ., i.�. art, This map is for planning purposes only. ,� ®��: - �VJ�wtSi Source:Washington County,Metropolitan Council,MN DNR, KM I �°r 1 ei� I `�7_W. ^ s _ �,I=4 jet' p�� E and Land Management Informahon Center.April 2008. ofl.e.r GRANT STILLWATER TOWNSHIP Pa e 1. FIRE DEPARTMENT SERVICE AGREEMENT THIS AGREEMENT, made and entered into effective January 1, 2009, by and between the City of Scandia, Washington County, Minnesota, 14727 209th Street North, Scandia, MN 55073, a public corporation ("City") and May Township, Washington County, Minnesota, 13519 May Avenue North, Stillwater, MN 55082, a public corporation ("Town"). WHEREAS, the Town desires to contract with the City for the furnishing of fire service to that part of the Town described in Paragraph 1 below; and WHEREAS, the City agrees to furnish such services on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual promises contained herein, it is mutually agreed between the City and the Town as follows; 1. The City shall furnish the services of its fire department to the Town in that part of its area described as follows: 150th Street - All Addresses 155th Street - All Addresses 165th Street - All Addresses 169th Street - All Addresses 170th Street - All Addresses up to 13639 (West of Olinda Trail) 176th Street - All Addresses 177th Street - Addresses up to 13799 (West of Olinda Trail) 182nd Street - All Addresses Keystone Avenue - Addresses 17000 and over (North of 170th) Kimbro Avenue - All Addresses Kirby Avenue - Addresses 16800 and over Lisbon Avenue - All Addresses Lomond Trail - All Addresses Manning Trail - Addresses 15000 and over Margo Avenue - All Addresses May Avenue - Addresses 15000 and over (North of 150th Street) Morgan Avenue - All Addresses Morris Avenue - All Addresses Norell Avenue - Addresses 15000 and over (North of 150th Street) Northridge Avenue Olinda Trail - All Addresses 1 2. The City Fire Department will respond to calls for service to the described area in the Town with apparatus, equipment and personnel of the fire department responding to any such call and will render all assistance possible in the saving of lives and property, within the limits of personal safety of the personnel. The parties understand the fire department officer in charge of the particular scene shall exercise judgment to determine, in consideration of all the established policies, guidelines, procedures, and practices, how best to allocate the available resources of the fire department under the circumstances of a given situation. 3. Failure to respond to a call because of adverse weather conditions, unavailability of equipment or personnel or for any other reason beyond the control of the fire department shall not be considered to be a breach of this agreement. If the fire department is unable to respond it will notify the "911" Center and the Marine On St. Croix and Stillwater Fire Departments of its inability to respond. The parties understand and agree that the City will endeavor to provide the services indicated above to the best of its ability given the circumstances, but the City makes no guarantees that the services it actually provides in a given situation will meet any particular criteria or standard. 4. The term of this contract shall be January 1, 2009 to December 31, 2011. If this contract is not replaced by a new contract by December 31, 2011, this contract shall continue in force month to month at the then current yearly rate plus 5% prorated to a monthly payment basis until such time as a replacement contract is executed or until either party terminates in writing. Either party may terminate this contract during the extended period at any time with or without cause by providing 30 days written notice to the other party of its intent to terminate. 5. The Town shall pay to the City for the fire department services rendered to it by the City the sum of $29,266.00 on or before April 15, 2009; the sum of $30,876.00 on or before April 15, 2010; and the sum of$32,574.00 on or before April 15, 2011. In the event of the termination of this agreement prior to the completion of the full term described herein, a pro-rata adjustment of the annual fee shall be made and paid to the appropriate party. 6. Any amounts recovered for fire calls under this contract from insurance in effect on the premises involved with the fire shall be the property of the Town. 7. The City, its officers, agents and employees shall not be liable for any intentional or negligent act of the Town or any officer, agent or employee of the Town and the Town agrees to hold the City, its officers, agents and employees harmless from any intentional or negligent act of the Town or any officer, agent or employee of the Town and the Town agrees to defend the City, its officers, agents or employees from any claim for damages resulting from a negligent or intentional act of the Town or any officer, agent or employee thereof. 2 8. The Town, its officers, agents and employees shall not be liable for any intentional or negligent act of the City or any officer, agent or employee of the City and the City agrees to hold the Town, its officers, agents and employees harmless from any intentional or negligent act of the City or any officer, agent or employee of the City and the City agrees to defend the Town, its officers, agents or employees from any claim for damages resulting from a negligent or intentional act of the City or any officer, agent or employee thereof. 9. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. 10. Subcontracting and Assignment. The City shall not subcontract or assign any portion of this contract to another without prior written permission from the Town. Services provided to the Town pursuant to a mutual aid agreement the City has, or may enter into, with another entity does not constitute a subcontract or assignment requiring prior approval of the Town so long as the City remains primarily responsible for providing fire services to the Town's Service Territory. 11. Service Contract. This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating, a joint powers agreement, joint venture, or joint enterprise between the parties. 12. Minnesota Law Governs. This contract shall be governed by and construed in accordance with the internal laws of the State of Minnesota. All proceedings related to this contract shall be venued in the State of Minnesota. 13. Severability. The provisions of this contract shall be deemed severable. If any part of this contract is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this contract. 14. It is understood that this agreement contains the entire agreement between the parties and that any statement, promise or inducements made by any party hereto, or officer, agent, or employee of either party which is not contained in this agreement shall not be valid and binding; and this agreement may not be enlarged, modified or altered except in writing signed by the parties hereto. It is expressly understood between the parties and this understanding shall be considered in interpreting the provisions of this agreement, that upon notice given by any party hereto, later negotiations may be undertaken for the purpose of revising, adding to or striking any provision of this agreement which appears unworkable or insufficient to perfect, maintain and insure the purpose of this agreement. Any change of the original provisions of this agreement shall be written, signed by both parties and attached to this agreement as provided above and any later revision, addition or deletion shall only apply to the provisions revised, added or deleted and the remainder of this agreement shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by its appropriate officers. CITY OF SCANDIA MAY TOWNSHIP Dennis D. Seefeldt, Mayor William Voedisch, Chairman ATTEST: ATTEST: Anne Hurlburt, Clerk/Administrator Linda L. Klein, Clerk 4