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04-07-09 Council April 7, 2009 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, John Lindell, Dolores Peterson and Mayor Dennis Seefeldt. Absent: Council member Connie Amos. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Building/Code Enforcement Official Steve Thorp, Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA Crum, seconded by Peterson, moved to approve the agenda as presented. The motion passed unanimously. PARK PERMIT, SCANDIA PTO FUN RUN/WALK ON MAY 16, 2009 Bob Gemuenden and Todd Rachel were present to request approval of a Park User Permit for a fun run/walk fundraiser event to be held on the Scandia Community Center grounds on May 16, 2009. This event is being sponsored by the Scandia Elementary PTO and is expected to attract 100 to 500 people. In addition, the PTO has asked for use of the Community Center at no charge to conduct registration and an awards ceremony. Mr. Gemuenden offered to provide a work service contribution from the school group in exchange for waiving the rental fee. City Attorney Hebert advised that the in-kind contribution (such as the clean-up of grounds) not be related to the race day activity, so that the waiver of the fee may not be defined as a donation to a non- profit organization. Donations of this kind are not allowed according to the state auditor’s office. Mayor Seefeldt stated that an in-kind contribution to the community by the PTO could be worked out in exchange for waiver of the rental fee. Peterson, seconded by Crum, moved to approve the Park User Permit with conditions as recommended by staff. The motion passed unanimously. Seefeldt, seconded by Lindell, moved to allow the rental fee of the Community Center be waived for the Scandia PTO’s May 16, 2009 event in exchange for an in-kind service contribution as determined by staff. The motion passed unanimously. NOMINATIONS TO THE CARNELIAN-MARINE-ST. CROIX WATERSHED BOARD Council chose to postpone action on the recommendation for appointment to fill a vacancy on the Carnelian-Marine-St. Croix Watershed board of managers. This issue will be discussed at the April 21, 2009 council meeting. SEASONAL PARKS MAINTENANCE WORKER, APPROVE JOB DESCRIPTION AND HIRING Following the retirement of the part-time maintenance worker last October, the City has decided to utilize seasonal workers for snow-plowing and parks and ground maintenance. A position description was reviewed for the hiring of a temporary employee for the summer to work 24 to 32 hours per week over a 20-24 week season. An hourly wage of $8 to $10 will be offered. Peterson, seconded by Crum, moved to approve the job description for the Seasonal Parks and Grounds Maintenance Worker, and authorize staff to advertise and fill the position. The motion passed unanimously. April 7, 2009 Scandia City Council Page 2 of 6 EXTENSION OF CERTIFICATE OF COMPLIANCE, SILVA CONSULTANT SERVICES (RESOLUTION 04-07-09-01) Silva Consultant Services has requested an extension of a Certificate of Compliance for the nd selective cutting of trees on 50 acres at the south end of Big Marine Lake (west of 182 Street and north of Margo Avenue). The original Resolution 12-16-08-03 stated a deadline of March 1, 2009 to ensure that the trees are harvested during the winter season. Due to market conditions, the applicant did not harvest the trees this past season. Building Official Steve Thorp recommended extending the Certificate of Compliance to March 1, 2010 with a condition that cutting be performed when the ground is frozen. Peterson, seconded by Crum, moved to approve Resolution 04-07-09-01, Certificate of Compliance for the cutting of trees on parcel 33-032-20-33-0001. The motion passed unanimously. CERTIFICATE OF COMPLIANCE, PAUL AND RACHEL PAYER (RESOLUTION 04- 07-09-02) th Paul and Rachel Payer, 14190 236 Street North, have applied for a Certificate of Compliance to operate a massage business in their home. This is allowed as a home occupation under Section 10.13 of the zoning ordinance. The outside storage of three cars and a trailer were a concern, but the applicant indicated that the cars will be removed within the next few weeks. Building Official Thorp recommended approval of the Certificate of Compliance with conditions outlined in the resolution. Crum, seconded by Lindell, moved to approve Resolution 04-07-09-02, th Certificate of Compliance for a Home Occupation at 14190 236 Street North. The motion passed unanimously. The Planning Commission meeting was called to order at 7:35 p.m. The following were present: Commission Chair Chris Ness, Commissioners Tom Krinke, Christine Maefsky, Susan Rodsjo, Peter Schwarz and City Planner Sherri Buss. SCOPING MEETING, ENVIRONMENTAL IMPACT STUDY (EIS), TILLER CORPORATION’S ZAVORAL MINING AND RECLAMATION PROJECT City Planner Sherri Buss presented an overview of the process of the Environmental Impact Study which is needed for Tiller’s Zavoral Mining and Reclamation Project. The purpose of this public scoping meeting is to identify potentially significant issues relevant to the proposed mining project and identify alternatives that will be examined in depth in the EIS. A final scoping decision document must be issued within 15 days of the public scoping meeting, which is scheduled to be adopted at the April 21 Council meeting. th A draft Scoping Decision Document was reviewed with representatives of Tiller on March 30. Tiller indicated revisions to the project, which were received in writing just prior to this evening’s meeting. The asphalt and concrete recycling portion of the project will be removed, and the restoration phasing plan will be revised to begin reclamation at the start of the project. City Planner Buss reviewed the draft scoping document, in which six alternatives were identified. These alternatives, which will be examined in depth in the EIS, include Tiller’s preferred project, a no-build alternative, and four alternatives that propose a different scale or project magnitude. The EIS will examine all relevant issues not adequately addressed in the April 7, 2009 Scandia City Council Page 3 of 6 EAW, which were identified in the Findings of Fact and Record of Decision (March 3, 2009). Data gathering and analysis will focus on a number of topics, which Planner Buss summarized. Commission Chair Ness questioned if the alternatives in the draft document will all be a part of the EIS. Planner Buss: No, changes may be made to this draft list and incorporated into the final scoping document which will be adopted on April 21. Commissioner Schwarz asked for the distinction between restoration and reclamation. Planner Buss: The ordinance requires reclamation to return the land to a condition suitable for the allowed uses at this site (agriculture, residential, open space). Restoration, not required by the ordinance but can be designated in the EIS, requires that native plant communities be re- established. Chairman Ness opened the meeting to public comments. Dan Seemon, Ecologist with the U.S. Army Corps of Engineers: Mr. Seemon stated that a new wetland delineation needs to be done within the growing season and requires approval by the Corps’ Technical Evaluation Panel. Lisa Schlingerman, 20661 Quint Avenue: Ms. Schlingerman asked for definition of the no-build alternative. Planner Buss: This is a technical term used in the environmental review which will describe the potential impacts if the existing land uses (Agricultural and Rural Residential) on the Zavoral site were to continue. It is a requirement in the MEQB rules to include this alternative. Ms. Schlingerman asked if adjusting the processing activities to a seasonal schedule (early spring and late fall) will extend the life of the mining project. Mike Caron, Tiller: No, seasonal processing adjustments will not extend the 10-year time frame of the project. th Judy Herbert, 15125 220 Street: Ms. Herbert stated that a complete well inventory of surrounding properties needs to be done, and the potential impacts to these wells must be studied. Planner Buss: The scope includes a well inventory and study (Item 13, Water Use). Ms. Herbert asked if the public will have an opportunity to be involved in the request for proposals to identify consultants to complete the EIS. Administrator Hurlburt: The RFP process will be done through Council meetings, at which all documents will be available to the public to review and comment on. Roger Harvieux, 20258 St. Croix Trail: Mr. Harvieux asked what costs the city takes on through this EIS process. Administrator Hurlburt: State rules allow the city to charge costs back to the applicant. These include both direct costs and indirect costs such as staff time. Jim Shaver, Carnelian-Marine-St. Croix Watershed Administrator: Mr. Shaver inquired if involved agencies are able to have their costs reimbursed. Administrator Hurlburt: No, only costs to the Responsible Government Unit (RGU) are allowed. Bill Clapp, 19955 Quinnell Avenue: Mr. Clapp identified two areas that need further definition. 1) Study of the economic effects of the proposed project need to be more detailed; 2) There are sections in the project alternatives which could be improved upon. The hours of operation need to be more defined and scoped so as to determine how quickly the mining project can be April 7, 2009 Scandia City Council Page 4 of 6 finished, perhaps in 5 years if possible. Perhaps there should be no reclamation in the riverway corridor, as this could do more damage than just leaving it as is. Kristin Tuenge, 20595 Quinnell Avenue: Ms. Tuenge asked how alternatives can be eliminated. Chairman Ness: The proposer can revise the project, such as Tiller’s offer to remove the concrete and asphalt recycling activity and by modifying the reclamation timetable. Ms. Tuenge asked how it is determined which permits are needed. Administrator Hurlburt: Permits are determined by the existing rules of the agencies. Georgiana Anderson, 20453Quinnell Avenue: Ms. Anderson asked how restoration can begin at the onset of the project. Kirsten Pauley, Tiller: There are four acres of previously disturbed land that lies within the Riverway District which will not be mined. Vegetation will be established and reclamation completed in this area at the onset of the project. Sam Eberhart, 20455 Quinnell Avenue: Mr. Eberhart suggested that mining reports gathered from when the mine previously operated should be analyzed for potential impacts. Lisa Schlingerman: Who decides how to restore the property? Kirsten Pauley, Tiller: The Minnesota DNR and National Parks Service will be involved in the restoration plan, which will ultimately be approved by the City. Wayne Barstad, Minnesota DNR: The DNR will approximate the suitable vegetation for the site to fit in with the larger landscape and by determination of the most appropriate end-use of this site. Judy Herbert: Ms. Herbert identified additional items for study: 1) Analysis of the maximum height of the stockpiles; 2) Identify the chemicals used in the washing process; 3) Mitigation plans of oil and gas from the equipment; 4) Will incoming topsoil be screened for contaminants? 5) How close to the groundwater will mining occur? 6) How deep will the production wells be? 7) What aquifer will be tapped for well use? Bill Clapp: If a mining permit is allowed, then a certain end date to this mining project should be determined. th Ron Johnson, 2878 50 Avenue, Osceola, WI: Mr. Johnson questioned if the bluff areas across the river in Wisconsin will be included in the noise, dust, and viewshed analyses. Planner Buss: Yes, all adjacent areas, including Wisconsin, will be included in the studies. Roger Harvieux: Who has the responsibility to monitor the operation to prevent a catastrophic event? Administrator Hurlburt: The conditions of the operation are outlined within the CUP and AOP issued by the City. On-going monitoring will include inspections during the mining season. Financial guarantees are also held by the City. Judy Herbert: How will non-environment problems be addressed, such as impacts on property values? Administrator Hurlburt: Potential adverse impacts to surrounding properties are April 7, 2009 Scandia City Council Page 5 of 6 analyzed and negative visual impacts are taken into consideration as part of Item 9 (economic impacts). Chairman Ness closed the public comment portion of the scoping meeting. Commissioner Krinke inquired on how lighting from the trucks and those within the mine will be addressed. Planner Buss: This analysis will be included in the traffic and visual impact studies. Krinke suggested that in Alternative #1 (page 2), the words “current Comprehensive Plan” be replaced with “2020 Comprehensive Plan” which was in place when the application was made last November. Commissioner Maefsky suggested that the economic impact in Item 9 be expanded to include the effects of the operation on the quality of life in Scandia. Commissioner Rodsjo echoed this concern and thought study of the economic and social impacts should be more specific. Commissioner Schwarz stated that although Tiller withdrew the recycling of concrete and asphalt, a more specific statement as to what material can be allowed into the site should be incorporated. There may be the potential for other hazardous materials being trucked into the site. Administrator Hurlburt: It can be clarified that no material be brought in to mix with the on- site product, known as add-rock. Commissioner Rodsjo questioned if other site alternatives can be studied that are not in proximity to the river and water sources, as an exchange to mitigate this location. Planner Buss: No, mitigation cannot be applied to a resource on a different site. A separate application process would need to begin with any proposal to mine at an alternate location. Commissioner Maefsky inquired how the items listed on page 6 were determined to be not relevant for inclusion in the EIS. Planner Buss: These items were adequately addressed in the EAW or found to be too minor to include in the EIS. Commissioner Rodsjo asked for an estimate of the number of trees that will be removed in the mining operation, and how will this effect on the temperature of surface water be studied. Kirsten Pauley, Tiller: There will be eight acres of new mining on this site, and trees cover approximately three acres within this area. Planner Buss: The impact of tree removal will be studied in the surface water section by examining temperature as a pollutant. Council member Lindell asked how it was determined that certain items be removed from review. Planner Buss: These items were adequately addressed in the EAW, but a statement to expand on this conclusion will be added to the scoping document. Lindell suggested a clarification that permits from other agencies will be necessary. Council member Crum asked if past effects of mining can be studied as potential ecological impacts. Planner Buss: Historical information will be used to the extent that it can, but that information may not be reliable. Field inventories will be necessary to gauge current conditions. April 7, 2009 Scandia City Council Page 6 of 6 Mayor Seefeldt brought up a situation which happened in 1966 when a “blow-out” into the river occurred under a previous mining operator. The EIS should further define costs to restore or reverse damage. Planner Buss: The issue of restoration or mitigation costs can be looked at. Letters of credit to cover costs of potential impacts would be a requirement of a Conditional Use Permit. Commission Chair Ness felt that Alternative #3 can be eliminated, as the applicants have indicated that the asphalt and concrete recycling operation will be removed from the proposed project. Planner Buss stated that Alternative #6 may also be removed from the final scoping document, as Tiller intends to revise the reclamation schedule. Administrator Hurlburt stated that written comments received by April 10 will be considered in the preparation of the final scoping decision document that must be approved by the Council on April 21. Peterson, seconded by Crum, moved to adjourn. The meeting adjourned at 9:35 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk