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04-01-08 Council April 1, 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, Dolores Peterson, Mayor Dennis Seefeldt. Absent: Councilmembers Michael Harnetty, Donnette Yehle. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Building Official Steve Thorp, Deputy Clerk Brenda Eklund. APPROVAL OF THE AGENDA Councilmember Peterson, seconded by Councilmember Crum, moved to approve the agenda as presented. The motion passed unanimously. WHITE ROCK RANCH – EXTENSION OF FINAL PLAT APPROVAL Mark Youngdahl, White Rock Ranch, LLC, has requested an extension of final plat approval for the White Rock Ranch development. The Development Code requires that the final plat be submitted to the county for recording within 120 days of approval, unless an extension is approved by the Council. The final plat was approved on June 5, 2007 and granted an extension to January 5, 2008. This project is also partly in Forest Lake, which has the final plat approval expiring on October 8, 2008. Councilmember Peterson remarked that an extension to October 8, 2008 would allow the expiration to coincide with Forest Lake’s date. Councilmember Peterson, seconded by Councilmember Crum, moved to grant an extension of final plat approval for the White Rock Ranch development to October 8, 2008. The motion passed unanimously. LEAGUE OF MN CITIES ANNUAL CONFERENCE Discussion of attendance at the LMC Annual Conference was delayed to the next Council meeting (April 15, 2008) due to the absence of two council members. MINNESOTA CITY & COUNTY MANAGERS CONFERENCE Authorization was requested for Administrator Hurlburt’s attendance to the MN City and County Managers Conference on May 7-9, 2008, at a cost of $585.00 plus mileage. This cost is included in the 2008 budget. Mayor Seefeldt, seconded by Pete Crum, moved to authorize Administrator Hurlburt’s attendance at the MN City and County Managers Conference and payment of the expenses. The motion passed unanimously. NOMINATIONS TO CARNELIAN-MARINE-ST. CROIX WATERSHED Washington County has asked for nominations to the Carnelian-Marine-St. Croix Board of Managers due to a vacancy. The appointment will be made by the county board. The City issued a notice to citizens interested in serving on the Board to represent the Scandia/Big Marine Lake area. Three applications were received. Councilmember Peterson recommended Michael White to the position, as she felt Mr. White is familiar with the organization, having served in previous years. Councilmember Peterson, seconded by Councilmember Crum, moved to submit the nomination of Michael White to serve on the Carnelian-Marine-St. Croix Board of Managers. The motion passed unanimously. All three applications will be forwarded to the county. Additional nominations have been requested for terms that will expire in June. The City th has advertised this notice with an April 11 deadline so that the Council may consider th nominations at the April 15 meeting. April 1, 2008 Scandia City Council Page 2 The Planning Commission meeting was called to order at 7:30 p.m. The following were present: Commission Chair Chris Ness, Commissioners Tom Krinke, Christine Maefsky, Susan Rodsjo, Peter Schwarz and TKDA Planner Sherri Buss. GRAVEL MINING CONDITIONAL USE PERMITS – CONTINUATION OF PUBLIC HEARINGS Public hearings were opened on March 5, 2008 to consider new Conditional Use Permits for three mining operations: Bracht Bros., Inc., Dresel Contracting, Inc. and Tiller Corporation. City Planner Sherri Buss reported on the current status of the applications. TKDA has subcontracted with LBG, a firm that is analyzing the groundwater issues and will provide recommendations to the City throughout the CUP process. LBG has requested additional information from the applicants to complete their final hydro-geologic analysis. Comments received from John th Lindell, 11240 218 Street, will also be addressed by LBG in its analysis of the applications. th Planner Buss also reported on the progress of key issues identified at the March 5 meeting. The Watershed Districts’ review of surface water issues are in process. Washington Conservation District and Car-Mar-St. Croix Watershed are working with the City to address the wetland study on the Dresel site. TKDA’s traffic engineer is reviewing traffic and roadway issues to determine the needs and options for signage and other safety improvements. The applicants have been directed to provide concept-level reclamation plans to show that future allowable uses will be feasible. Staff will conduct field visits in April to establish a photo log of existing conditions at the three sites. The photos will provide a record for comparison in future years. The Planners are recommending a continuation of the public hearings to the May Planning Commission meeting, at which time it is proposed that a full review will be complete and recommendations on the permits can be made. Commissioner Schwartz asked for clarification of what the reclamation plan must define. Planner Buss stated that the Ordinance requires that reclamation be feasible for its allowed use in that district, ultimately approved by the Planning Commission and Council. Commissioner Maefsky asked if the photo compilation will be used to reference reclamation. Planner Buss explained that a GPS unit will be used to identify the photo locations. This photo log will be used in the Annual Operators Review to evaluate whether screening, berming and other conditions are being met. Commissioner Rodsjo asked if John Lindell’s comments and questions will be addressed. Planner Buss stated that these questions have been directed to LBG and TKDA will research the remaining concerns. Chairman Ness asked for public comments. th  John Lindell, 11240 218 Street, would like Tiller Corporation to establish a 20-foot high berm along the south border of the Tiller property so that it continues easterly along the full length of the Stevens property. Mr. Lindell feels that this is a safety condition that should be met in the final CUP approval. Mr. Lindell also feels that it is important to revisit the environmental impacts of Tiller’s mining operation through a complete EAW. April 1, 2008 Scandia City Council Page 3  Tim Brown, 23110 Manning Trail, asked what financial guarantees the city holds if the operator were to abandon the property prior to reclamation, and what guarantees will be in place regarding water protection for surrounding residents. Administrator Hurlburt: The amount of the financial guarantee will be determined in the CUP process. LBG is studying all groundwater issues and will have a report available at the next meeting. th  Jerry Vecchiollo, 10421 230 Street, asked how long the proposed “mining into the water table” will last. Mike Caron, Tiller Corp.: This process would continue into the last year of the project, estimated to be 20 to 30 years. Chairman Ness continued the public hearings to May 6, 2008. Possible dates the Planning Commission and Council to conduct site visits of all three operations were discussed. It was decided to meet at the Bracht pit on April 22, 2008 at 5:00 p.m. to begin the tours, travel to Dresel for a 5:45 tour, and arrive at the Tiller pit at 6:15 p.m. This will be posted as a public meeting, open to anyone who wishes to attend. Liability issues were brought up. City Attorney Hebert does not anticipate it would be a problem as long as safety controls are put in place at the sites. OLD MARINE ESTATES – FINAL PLAT, RESOLUTION 04-01-08-01 The preliminary plat for a minor subdivision/preliminary plat to create three lots at 11980 Lakamaga Trail known as Old Marine Estates was approved on November 6, 2007. Applicants John and Sandra Swanson have submitted the final plat. City Planner Sherri Buss presented the staff report. The final plat and associated plans are in substantial agreement with the approved preliminary plat. The planners recommend approval with conditions which were outlined in draft Resolution 04-01-08-01. Regarding the Woodland Preservation Plan, the applicant may remove the trees for the driveway and must complete the deferred maintenance on the remainder of the pine plantation. By removing the dead and diseased trees, the value of the existing plantings will be protected, in keeping with the intent of the ordinance. Drainage easements to the City will include the raingardens and access to the raingardens, in the event that the City needs to provide any maintenance to the raingardens. The Carnelian-Marine-St. Croix Watershed has placed additional conditions concerning buffer requirements and management standards which will not stand in the way of the City’s approval. Modifications in wording of Conditions #2 and #3 of the draft resolution were made to better clarify the intent. The Planning Commission recommended approval of the draft resolution with the revisions to wording. April 1, 2008 Scandia City Council Page 4 Councilmember Crum, seconded by Councilmember Peterson, moved to accept the recommendation of the Planning Commission to adopt draft Resolution 04-01-08-01 Approving Old Marine Estates Final Plat with revisions. The motion passed unanimously. City Attorney Hebert will proceed with drafting the Development Agreement. RECOGNITION OF FORMER PLANNING COMMISSIONERS MALMQUIST AND NICKELSON Commissioner Maefsky recognized former Planning Commissioners James “Moose” Malmquist and Kevin Nickelson for their many years of service and experience they contributed to the Planning Commission. Both Moose and Kevin thanked the Council for allowing them the privilege to serve. REPRESENTATIVES TO THE CAPITAL IMPROVEMENT COMMITTEE Commissioners Maefsky and Ness offered to fill the openings on the Capital Improvement Committee which serves as an advisory committee to the Council. Councilmember Peterson, seconded by Mayor Seefeldt, moved to approve the appointment of Commissioners Maefsky and Ness to the Capital Improvement Committee. The motion passed unanimously. Councilmember Peterson, seconded by Councilmember Crum, moved to adjourn. The meeting adjourned at 8:45 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk