5.a) Consider Hiring Special Counsel to Advise on Zavoral Mining and Reclamation Project EIS Attorney James Thomson,Kennedy&Gravcn,Chartered,Minneapolis, Minnesota Page 1 of 3
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C H A R T E R E D
Attorneys
James J.Thomson
Minneapolis,Minnesota
Shareholder and former president of Kennedy d�Graven, Chartered
phone(612)337-9209
f�' (612)337-93I0
eneail �mail Me �i�,
vCard� r j
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Jim Thomson is a shareholder and former president of Kennedy&Graven,Chartered.He practices
in the areas of Lidgation and Local Government Law.
Jim has over twen r'
ty years of experience in the areas of local govemment law sud libgation,and has •`
been selected by the American Research Corpocation for inclusion in the Minnesota Guidebook to Law and Leading Attomeys.
He served as a deputy city attorney for the San Diego City Atborney's Oftice,both in the Criminal Division(1976-78)and in the
Civil Litigation Division(1978-82),where he focused on real property,eminent domain,construction,environmental,and land
use litigation.He also has served as the city attomey for the cities of Plymouth(1986-92)and Mounds View(1992-95).Jim
currently is the city attorney for the cities of Shakopee and Brooklyn Park.
Jim eamed a B.A.degree from the University of Notre Dame in 1969,afres which he served in Vietnam as a Marine Liwtenant
Upon his discharge from the Marines in 1973,Jim entered law school at the Univecsity of San Diego where he served as editor-
in-chief of the San Diego Law Review and gradaated magna cwn laude in 1976.
Among his many inurests,Jim is an avid baseball fan and an acdve parricipant in the youth baseball prog�am for the city of
Bloomington,where he volunteered as coach for fifteen years.Jim also is an avid runner.He is a former member of the U.S.
Reserve Officers International Pentathlon Team and has oompleted ten marathons.Ho also svves as a pro bono attomey for
Volunteer Lawyers Network.
J'vn has this to say about his work:
In boW my governmental law and litigation practices,I eqjoy hdpin�dties s000mpUs6 t6eir Qoali and
achieve what the city oRiciels think is best tor their dty.
Areas of Practice:
Litigation
Local Govemmeat Law
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http:/1www.kennedy-�raven.comBio/JamesThomson.asp 5%25/2011
Attorney James Thomson,Kennedy&Graven, Chartered, Minneapolis,Minnesota Page 2 of 3
Califomia, 1976
Minnesota, 1982
U.S.District Court District of Minnesota, 1982
U.S.District Court Southem District of Califomia, 1976
U.S.Court of Appeals 8th Circuit, 1992
U.S.Supreme Court, 1994
Education:
University of San Diego School of Iaw,San Diego,Califomia, 1976
Juris Doctor
Honors:Magna Cum Laude
Law Review:University of San Diego Law Review,Editor-in-Chief, 1975
University of Notre Dame,Notre Dame,[ndiana, 1969
Bachelor of Arts
Major: Sociology
Published Works:
Regu[ation of Churches qft�r City of Borene v.Flores,Munieipal Lawyer,September, 1997
Repon of the Municipal Labor Relations Committee,40A Municipal Law Review 13, 1977
I�tndlord Ton Liability in California, 12 San Diego L.Rev.401, 1974
Classes/Seminars Taught:
Lecturer,Inverse Conderonation,Land Use,Governmental Liability,and Regulatory Takings,CLE
Honors and Awards:
Minnesota Guidebook to Law and Leading Attnmeys,American Research Corp.
Professional A�sociations and Memberships:
Minnesota State Bar Association
Member
Hennepin County Bar Association
Member
State Bar of California
Member
Intemational Municipal Lawyers Association
Member
Minnesota Association of City Attorneys
Memba,Former Presideat
City of Shakopee
City Attorney
City of Brooklyn Park
City Attomey
Past Employment Positions:
LeFevere,L.efler,Kennedy,O'Brien&Drawz,Parmer, 1982- 1989
San Diego City Attomey's Office,Deputy City Attorney, 1976- 1982
Pro Bono Activities:
http://www.kennedy-graven.com/Bio/JamesThomson.asp 5/25/2011
O��� 470 U.S.Bank Plara
- ' 200 5outh Sixth Sveet
Minneapolis Minnapolis,MN 55402
Saillt Paul (612)337-9300 oelephane
(612)337-93t0 fa�c
St. Cloud wwwlunn�dy-grwen.wm
C H A R T E R E D ���jon,Equal Opportunity Empbyer
. JnHtrs J.THOHtsonr
Attomey at Low
� Dinxt Dial(612)337A209
F.mail:jthom�on�kennedy-Braven.com
June 14,2011
Mayor Randall Simonson
and City Council Members
City of Scandia �
14727 209�'Street North ,
Scandia,MN 55073-8503 '
RE: Zavoral/Tiller Corporation Mining and Reclamation Application
Dear Mayor Simonson and City Council Members: �
I have been asked to provide you with a cost estimate for providing a legal opinion with respect to
the ZavoraUTiller Corporation Mining and Recl�nation matter. In that regard, I have reviewed
preliminary background informahon, including correspondence from the attorney for Tiller
Corporation and from the attomey for the"Take Acrion-Conserve Our Scandia"organization.
It is my understanding that you would like an opinion on the following two questions:
1. Can the city apply its cwrent zoning and land use regulations to the pending �
applicatian rather than the zoning and land use regulations that were in effect when •
the application was submitted7 �
2. If the city council chooses to apply the existing zoning and land use regulations,what �
risks,if any,would the city be exposed to?
I would be willing to provide you with an opinion on the above two questions. The hourly rate for
my services would be $250.00. The hourly rate for law clerk or paralegal time would be $125.00. �
Because of the amount of background material that I would need to review, it is difficult to give an
exact amount of time that would be required to provide the opinion that you have requested. My best �
estimate is that the total fees would be beiween $7,500 and 510,000. The fees would not, however,
exceed$10,000 regardless of the amount of time that was needed to provide you with the opinion.
I am attaching a copy of my background information. I would be happy to answer any fiirther
questions that you have concerning this letter.
Sincerely,
J s omson
/cr
cc: Anne Hurlburt,City Administrator
ames . Thornson
LOCAL GOVERNMENT LAW/LAND LT3B/LITIGATION
J.D.(n�ragna aaor lawde),Usuvecsity of 5an Diego,1976
B.�►.,Uaivetaitq of Notre Dame,1969
PRIMARY PRACTICE AREAS�Jim MEMBSRSHIPS AND PROFES3IONAL
Thomson has been practicing ACTIVITIES■ In addition to
govemmenral law and litigation for over membexships in the Califomia,
thi�rty years,and he has been selected by Minnesot�,aad Hennepin County Bat
his peers as a Minnesota"Supet Lawyer." Associations,Mr.Thomson is a member
His practice includes land use and local of the Ittternational Municipal Lawpers
govemment representation,and he also Association and past president of the
represents clients in commercial litigation Minnesota City Attomey's Association.
matters. He is the citp attorney for He is a f�equent CLE lecturer on
Shakopee and Brooklyn Park and is a governmental issues,such as inverse
defense attorney for the Ixague of condemnations,]and use,goveramental
Minnesota Cities Insutance Trust. liabilitp,aud regulatary takings.
Mt.Thomson is the author of numerous
publications on issues telating to land
BACSGROUND' Mr.Thomson is a use and regulating takings.
formex Matine Corps captain and sexved
as an infantry platoon commander in
Vietnam. He speat six years as a deputy PERSONAL�A runner and formet
city attorney for the City of San Dieg�o, member of the U.S.Reserve Officers
both in the Ctiminal Division{1976-1978) Intemational Pentathlon Team,Mr.
and in the Civil Litigation Division(1978- Thomson has completed ovet twentp-
1982),where he focused on real properly, five matathons. He is aa avid baseball
e.minent domain,consttuction, fan and an active volunteer in
environmental,aad land use litigatioa. A Bloomington's youth sports progrun,
member of the LeFevete Leflex law firm where he has served as a baseball and
from 1982 to 1989,he brought his skills fastpitch softball coach for muiy years.
and knowledge to Keunedy&Graven in He has two grown sons and a school
1989. a����,
"la both my goverrimeatal law and litigarioa prscbic�e, I enjoY b�P�B'
clry offidals ecc�ampllsb t6eir g�vsJs aad do wbat ia beet for thc rreidenta
Of t�1P.1P CJtf:��
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Larkin
H��an Iarkin Hoffman Daly&lindgren Ltd.
ATTORlJEYS
1500 Wells Fargo Plaza
7900 Xerxes Avenue 5outh
Minneapolis,Minnesota 55431-1194
c e N e a n�: 952-fi35•3800
rnx: 952-89(r3333
wFB: wwwlarldnhoffman.com
June 10, 2011
The Honorable Mayor and
City Council Members
City of Scandia
14727 209th Street N.
Scandia, MN 55073-8503
Re: Zavoral Mining and Reclamation Project: Important Project Consideration
Dear Mayor and City Council Members:
I write on behalf of Tiller Corporation ("Tiller")to present information addressing several key
considerations which have been raised by comments made in a variety of settings when the
Zavoral Mining and Reclamation Project("Project") was discussed. These issues are important
and timcly in addressing several of the issues raised and comments made at the most recent City
Council meeting. We, in this letter,are providing helpful information responsive to concerns
raised in order to continue to have meaningful discussions with the City and stakeholders in this
very important process. Below are items raised and a discussion of the current status of each of
those issues.
Onnortunitv Presented by the Project
It is important to recognize the benefits from this Project and the timing of completion of the
mining and reclamation. Absent the mining Project,there would not be a source of revenue to
fund reclamation and this land may not be able to be economically reclaimed to the extent that
can be supported by the mining component. The Project uses revenues from sale of the gravel
resources to fund the reclamation of the land. Thus the land is a unique opportunity for the City
and the neighborhood to take advantage of the economic benefit available from mining the
gravel resource in order to fund the reclamation of the site.
1. The 65 acre property currently provides habitat for non-native species of trees and plants
which have deposited seeds in the soils throughout the site. To completely eliminate this
situation would require removal of the surface soils. To effectively reclaim this site to
provide a meaningful habitat for native species requires creating an effective rooting zone
using on site and importing soils. Mining the sand and gravel from the site will remove
not only the non-native species plants, but also the dormant seeds in the upper soil
horizon.
The I Ionorable Mayor and
City Council Members
June 10, 2011
Page 2
2. By coordinating with its Scandia Mine, Tiller has the unique ability to forgo processing
and remove materials from the Zavoral site at accelerated rates inespective of market
demand. This allows a lower impact shorter duration project than would otherwise occur.
Proiect Improvements Make this a Unique Project
In response to the permitting proceedings there have been a variety of changes made to the
Project. All of these changes focus on issues raised by the community. As a result of careful
and thoughtful evaluation of the market and synergies from the Scandia Mine, Tiller has
developed a mining plan that is unique in the industry. This site will produce unprocessed gravel
and use that material at the Scandia Mine as add-rock in Scandia Mine operations. As a result,
many of the items about which there have been strenuous concerns have been removed from the
Project resulting in substantial improvements in performance:
1. Modifrcations made to reduce visibility of the Project:
Commentors identified the stockpiles, conveyors, wash plant, rock crusher and other
processing equipment as a potential visual impediment and strenuously objected to the
visibility of those items as part of the Project. Tiller has removed those items and
activities from the Project so that they will not be present.
2. Modifications made to reduce sound from the Projec:t
Similarly, as with the response to visibility comments the deletion of the use of crushers,
sorters, conveyors and a wash plant at the property will reduce sound sources to only the
excavation equipment and hauling vehicles. These vehicles and equipment generate
sound at levels similar to the vehicles on the adjacent highway.
3. Mvdifications made to reduce groundwater use:
The existing well at the property was operated for years without reported incident when
the property was previously mined. In the environmental review process, comments were
presented that indicated that to fully understand the function of the well as it relates to
groundwater on the Property it would be necessary to investigate multiple wells on the
property and at adjacent properties. In order to avoid the inconvenience and expense of
this analysis it was decided to limit the use of the on-site well solely for dust control.
4. Modifications made to reduce Project duration:
A concern was raised about establishing a permanent mining operation at the property
producing processed aggregates at whatever rate the market demand requires. The
problems identified with that approach was the fear that the mining would become
permanent and the uncertainty from relying on mazket demand to determine how long it
would take to mazket the processed aggregates. To eliminate both these issues, Tiller will
eliminate processing and will remove materials directly to its Scandia Mine operaiions.
By utilizing these materials at the Scandia Mine as they are removed from the ground the
uncertainty of the market no longer influences the Project timing.
Thc Honorable Mayor and
City Council Members
June 10, 2011
Page 3
5. Modifications made to reduce traffic:
The production of processed aggregates results in products that are purchased by various
end users at various locations. Most but not all of these would be expecied to be west of
the property. The trucks hauling these materials would be on the roads in addition to
other traffic including gravel hauled to the Tiller Scandia Mine from other locations.
Material produced at the Project would substitute for and thus eliminate truckloads of
materials from other locations.
6. Modifications made tv reduce dust and wind borne erosion:
Comments raised issues of the ability of an aggregate facility to produce dust and
erosion. The greatest potential for producing dust is from the crushing and sorting and
creation of stockpiles. As the material dries in processing or stockpiles the ability to
become windborne increases. Tiller has modified the Project to reduce this potential
significantly. This is accomplished by the elimination of the crushing sorting and
stockpiling activities which could produce dust if not managed properly. The materials
will now only be handled once when they are removed from the ground and placed
directly into the trucks. This will significantly reduce the ability to generate dust because
the material will be handled while it still has the natural moisture it contains in the
ground.
Objectivity of the Environmental Review Process
Preparation of the environmental documents,the Environmental Assessment Worksheet
("EAW"),the Scoping Decision Documents ("Scoping Documents"), and the Environmental
Impact Statement("EIS") is an interactive and iterative process which provides significant
opportunities for give and take among interested parties under the management and direction of
the City which is ultimately responsible for the content. Because of these activities,there is an
inherent ability to assure an objective result is obtained because everything presented in those
documents aze open to the public, subject to comment, and governed by a legal framework
providing for objective technical inputs.
Scope of EIS Discussion of"Indirect Impacts"to Federal Scenic River Way
The Project is adjacent to the scenic river way in the same manner as it is adjacent to or nearby
other properties and property interests within the community. The EIS reviews all property
interests which may be affected by the Project without bias or prejudice weighting any as
superior to others.
Necessity of Minin�in Order to Facilitate Reclamation
T'he question has been raised about the role of mining the remaining aggregate resources on the
property and the context of the reclamation activities. It is important to the Project that the
mining component be completed in order to facilitate the reclamation. This provides needed
assistance in multiple ways. First, mining will complete the extraction of the valuable sand and
gravel resources permanently removing any question whether those resowces may be mined in
the future. Completing the mining completes the mining. Secondly,the economic activity of
The Honorable Mayor and
City Council Members
June 10, 2011
Page 4
mining will provide resources to complete reclamation of the property to a high-quality standard
and provide for managing and monitoring that reclamation activity. Thirdly,removing the
additional material to be mined will make it easier to design and construct landforms that are
compatible with existing adjacent grades. Finally, mining the additional material will provide a
use for the remaining stockpiles that otherwise would be present at the site indefinitely.
The Ma�nitude of Impact to Current Trees and Other Vegetation of the Property is Limited
To address impacts to the vegetative populations on-site, a Tree Inventory Report and Forest
Management Plan have been developed to determine an effective approach to reclaim the site.
The Tree Inventory Report and Forest Management Plan complement each other to identify the
current plant communities and strategize effective measures to improve the quality of the plant
communities post-reclamation. T'he Tree Inventory Report covering the sixty-four acres included
in the Project, identified eight acres of moderate quality forest in the southern portion of the site
and ffty-six acres of non-native, altered and disturbed communities throughout the remainder of
the site. The presence of invasive and non-native species on-site suggests that there aze
significant benefits to be reaped from a quality reclamation plan. The sooner reclamation begins,
the earlier these undesirable species can be replaced by more desirable native plantings to
reconnect this site with historic natural conditions.
Personal or Communitv Benefit
As with every use of land,there is a very subjective perception of benefit. In any developed
society natural resources necessary for construction and operation of society must be obtained
from locations where they naturally exist. By doing so effectively and efficiently,the
community,at large,benefits from the resource and inconvenience is minimized. Aggregate
materials are used by all and are in limited supply�. In addition to the community benefit of the
Project by supplying necessary construction materials,the local benefit of this Project is found in
its resulting reclamation of the previously un-reclaimed (and potentially un-reclaimable)mining
operation and establishment of the reclaimed landform. By operating the Project in the most
expeditious manner,the community benefits by having the lifespan of the facility significantly
shortened.
Good Faith Efforts in Devel�ing,the Environmental Review Process
Allegations have been raised that failure to discuss off-site water resources is an effort to conceal
their existence. By taking the initial EAW out of the context of its role and preparing the EIS,
the focus of the EAW is taken out of context. The initial EAW described on-site conditions as
necessary functions. In the scoping process,potential off-site receptors were identified in an
open and transparent process. Nothing was concealed.
� Southwick,D.L.,Jouseau,M., Meyer,G.N., Mossler,J.I�.,and Wahl,T.E.,2000, Aggregate resources inventory
ofthe seven-county meuopolitan area,Minnesota: Minnesota Geological Survey Information Circular 46,91 p.
.
The Honorable Mayor and
City Council Members
June 10, 2011
Page 5
This Project cannot be judged against standards used for typical aggregate production or historic
gravel pit operations because it is substantially different.
As initially envisioned,this Project would have included a full-scale construction aggregates
production facility with excavation, crushing, sorting, washing, stockpiling, as well as, marketing
and distribution of materials based upon market conditions and project demand. In this typical
scenario, there are numerous issues to be managed in order that there not be adverse
environmental affects. This is done routinely at most sand and gravel production facilities in
Minnesota. I-�ere,however, in response to community concerns,the Project has been restricted
to only a limited set of activities. The Project no longer includes washing, crushing, sorting, or
stockpiling, and Tiller has developed a schedule that would enable it to complete the Project
without the adverse affe that market demand limits would have on timing.
Ve ly rs
. or ta , f r
in Ho an Daly Lindgren Ltd.
Direct Dial: 952-896-3292
Direct Fax: 952-842-1722
Email: gkorstad(a�larkinhoffman.com
1358651.2
Mayor Simonson and Council Members
Scandia City Office
14727 209`h Street N.
Scandia, MN 55073
June 6, 2011
Dear Mayor Simonson and Council Members,
Thank you for your willingness to consider hiring special counsel to offer a 2°d legal
opinion on the City's legal authority relative to the proposed Tiller/Zavoral mine. Thanks,
also, for the opportunity you provided for residents to express their concerns with the
Council at the meeting held on May 26. As you heard and saw, this is an issue of
importance to people of all ages, including long-time residents as well as families with
young children. It matters not only to property owners living near the proposed mine,but
also to citizens in the broader community who see this mine in direct conflict with some
of the most highly valued assets of life in Scandia.
As local citizens organized as Take Action—Conserve Our Scandia, we believe strongly
that the city has existing legal grounds, the authority, and responsibility to deny a
Conditional Use Permit to operate the proposed mine. This perspective is supported by
the presentations/documents provided to the City by attorney Kieran Dwyer on behalf of
TA-COS, citing the language of the City Code, state statute and relevant case law.
TA-COS welcomes and encourages the City's hiring of special counsel to review the
administrative and factual record on this matter, and to provide a 2°d legal opinion on the
City's options and duties under the law. We trust that this review by special counsel
would include:
• review of the specific findings provided to the City in correspondence from TA-COS
attorney Kieran Dwyer
• review of relevant sections of the city's comprehensive plan and development code
(now and at the time of Tiller's first application)
• review of the EAW and related citizen/agency comments
• review of the EIS scoping document and administration of the EIS to date (in the
context of Environmental Quality Board guidelines)
• review of the sequence of past City Council actions in the years since Tiller submitted
its application, and the related legal counsel on these matters provided by the City
Attorney (including the initial recommendation that the City could/should apply the rules
of the"old" comp plan to the application, and the later recommendations that the process
should continue despite multiple noncompliance issues raised by citizens and TA-COS'
attorney)
• review of City Staff recommendations as regards the above
• review of the record of Tiller's compliance (or lack thereo fl with established timelines
and procedures relative to the application, EAW, and EIS.
We ask that the resulting opinion/report provided by the special counsel would advise the
City on these key questions:
Under what specific circumstances does the City of Scandia have the legal authority
(under City code or state law) to deny this permit? Did these circumstances exist at the
time of the application? Do these circumstances exist now?Does the Ciry have the
option andlor dury to deny this permit at the present time based on the legal issues
raised in Attorney Kieran Dwyer's letter to the Council of 5/2/2011, or on other legal
grounds?
At the May 26 meeting, Mayor Simonson assured all those present that"No"was still an
option regarding Tiller's application for this Conditional Use Permit. If that's the case,
the City will need an attorney who does not act in lock-step with Tiller's attorney without
legal basis, and who does not only note the City's discretionary authority when it favors
the applicant. We support the proposal to get some "fresh air" into the process by inviting
a 2"a legal opinion.
Thank you for your consideration.
Respectfully submitted,
Kristen Tuenge, President
On behalf of the Board and citizen members of Take Action—Conserve Our Scandia
"To promote sustainable development in Scandia while endorsing conservation of its
waters, wildlife, natural and historic resources and beauty, referring to the Scandia
Comprehensive Plan as its visionary guide."
Mission Statement of Take Action—Conserve Our Scandia
,
Larkin
H��an Larkin Hoffman Daly&Lindgren Ltd.
ATTORNEYS
1500 Wells Fargo Plaza
7900 Xences Avenue South
Minneapolis,Minnesata 55431-1194
o e N e e n�: 952-8353800
rAx: 952-896-3333
W E B: www larldnhoffman.com
June l0, 2011
Mayor Randall Simonson
Council Member Connie Amos
Council Member Jim Schneider
Council Member Chris Ness
Council Member Sally Swanson
City of Scandia
14272 209th Street North
Scandia, MN 55703-8503
Re: Request for Outside Counsel to Review the City's Actions Applicable to "Lavoral Mining
and Reclamation Project
Dear Mayor Simonson and Council Members,
This letter is written on behalf of Tiller Corporation in response to the various requests from
project opponents to terminate the City's thoughtful and thorough consideration of Tiller
Corporation Zavoral Mining and Reclamation Project Application(the "Application"). This
effort is now masked in the guise of a request for an additional (Sth) attomey to provide an
opinion. That this request is made is not remarkable, as it is not uncommon to see a challenge of
the advisor when one does not like the advice. What is remarkable is that the request for the
second opinion to avoid an attorney"act[ing] in lock step with [the applicant] . . ."and"only
not[ing] the City's discretionary authority when it favors [one party]"is coupled with a request
that the second opinion only consider the City's legal authority to deny the application.
The opposition group's June 6, 2011 letter presents a clear and concise description of a decision
making framework that is irrational,unreasonable and unsustainable within the standards of state
statutes, case law and constitutional considerations applicable to municipal decisions. The
opposition group asks the City to evaluate denial of the Application at the time of its submittal
and before review of relevant facts and information concerning applicable standards. The
opposition group asks the City to consider the Application only in the context of legal argument
presented by the opposition group, without considering the law as presented by the City
Attorney, the landowner and T'iller Corporation. The opposition group advises the City to act to
deny the Application before completing statutorily mandated environmental review of the
Project.
.
Mayor and City Council
City of Scandia
June 10, 2011
Page 2
Project opponents have raised two legal issues.
1. The first is a contention that accepting both an application for conditional use permit and
a draft environmental assessment worksheet at the same time violated the City's code.
This procedural decision, made in December 2008 is the foundation of the process and
procedures used by the City in this permitting and environmental review proceeding. We
have previously explained why that action was consistent with the City Code and
mandated by the statutory framework for environmental review to be conducted by the
City. Notwithstanding that the City's action was completely proper, it is too late to
change that position today.
2. The opposition group also challenges the decision to apply the land use regulations in
existence at the time the application was submitted. We have presented to the City a
variety of legal precedents for the proposition that the City's determination to apply the
law as of the date of application will be upheld by the courts. Project opponents
challenge that determination on the contention that Tiller Corporation did not have a
vested property right at the time the City made the decision to review the Application
under existing reguiations. As we described to the City in December, it is immaterial
whether Tiller's property rights would be violated if the City changed the rules under
which it will review the Application, because it did not do so.
At the Council meeting on the 17th of May we advised the City that it was not Tiller's place to
purport to tell the Council how it should get its legal advice,but we did emphasize that it is
important that this issue of getting a second opinion not add delay or unfairness to the
consideration of the Application. The action proposed by the opposition group will not only add
unfairness by one-sided focus,but will only delay the process with their proposed scope of legal
review of not only the issues they previously disagreed with,but also the expansion of scope to
revisit all of the decisions made and actions taken since November 2008.
After the City revised its comprehensive plan it continued to review Tiller's Application under
the City standards in place at the time of application. When the City proposed to revise its
comprehensive plan it did not adopt an interim ordinance or moratorium regardless that the City
already had an application to mine the Zavoral property. The City approved the final EAW,
developed a scoping decision document and amended the scoping decision document over the
period of the next several months and has retained a consultant which has commissioned Tiller's
completion of several technical investigations of the proposed project, all considering the
Application under the original regulations. Having been subjected to this approach to review of
its Application, Tiller Corporation is now entitled to have its Application reviewed under the
regulatory framework selected by the City.
Mayor and City Council
City of Scandia
June 10,2011
Page 3
Further review and con ideration of this issue does not advance completion of the EIS but rather
serve s o om onsidering the merits of the Application.
V ry 1 0 ,
. rstad, fo
in Hoffman Daly, Lindgren I,td.
Direct Dial: 952-896-3292
Direct Fax: 952-842-1722
Email: ko� rstadnu,larkinhoffman.com
1358906.1