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5.d) Amendment to Agreement with AECOM Technical Services, Inc. for Zavoral Mining and Reclamation Project EIS ' Meeting Date: 12/07/2010 Agenda Item: � � � City Council Agenda Report Cit of Scandia Y 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve an amendment to the consulting agreement with AECOM Technical Services, Ina (AECOM) for preparation of the Zavoral Mining and Reclamation Project EIS (Environmental Impact Statement.) Deadline/ Timeline: N/A Background: • At its November 16, 2010 meeting, the City Council postponed action on a proposed amendment to the city's agreement with AECOM. The amendment would add$59,331 to the project cost,bringing the total contract to $377,725. The payment and reimbursement agreement between the City of Scandia and Tiller Corporation requires Tiller to pay the full cost of preparation of the EIS. • Action was postponed so that the city could respond to comments made by Attorney Kieran Dwyer on behalf of Take Action–Conserve our Scandia (TA-COS). Mr. Dwyer's remarks are summarized in his letter submitted after the Council meeting (attached.) • The City Attorney reviewed the applicable statutes and discussed the matter with the City Planner and Environmental Quality Board staff, and prepared the attached letter in response. Recommendation: Staff recommends that the Council approve the amendment, and that the City continue with the process of developing the EIS. Attachments/ • Letter dated November 23, 2010 from Kieran Dwyer, Dorsey&Whitney Materials provided: LLP • Letter dated December 2, 2010 from David Hebert, City Attorney • Proposed Amendment No. 1 • Letter dated December 2, 2010 from Edmund Summersby • E-mail dated December 2, 2010 from Lisa Philippi/TA-COS • E-mail dated December 2, 2010 from Greg Korstad to David Hebert • E-mail dated December 3, 2010 from Louie DiBerardini • Letter dated December 3, 2010 from St. Croix River Association • Letter dated December 3, 2010 from Tiller Corporation Contact(s): David Hebert, City Attorney (651 464-3397 Leslie Knapp, PG—Senior Associate AECOM (763 551-2441) Prepared by: Anne Hurlburt, Administrator (AECOM Contract Change Order Dec 7) Page 1 of 1 12/03/10 � :��� ooRSE �r,N U01':SI'.Y & \NFiITNEiY ;J.f' KtERAN P.DYVYER Associate (612)492-6536 FAX(612)677-3254 dwyer.kieran�dorsey.com November 23, 2010 Via Electronic Mail and Postal Service Mayor Dennis Seefeldt Council Member Connie Amos Councii Member Pete Crum Council Member Delores Peterson Cfluncil Member Chris Ness City of Scandia 14727 209th St. N. Scandia, MN 55073 Re: Amendment to Consulting P�qreement with AECOM Technical Services, Inc. for preparation of the Zavoral Mining and Reclamation Project Environmental Impact Statement {"EIS") Dear Mayor Seefeldt and Council Members: During the recent Council meeting on November 16, I appeared on behalf of Take Action —Conserve Our Scandia ("TA-COS")to request that you deny the proposed amendment to the consulting agreement with AECOM Technical Services, Inc. ("AECOM")to provide additional payments for preparation of the Zavoral Mining and Reclamation Project EIS, and also deny Tiller Corporation's request for a conditional use permit("CUP°). As you requested, I am submitting this written summary of my comments. TA-COS is a group of concemed residents from Scandia and the surrounding area opposed to the development of the gravel mine at the Zavoral property proposed by Tiller Corporation. TA-COS believes the development of the Tiller gravel pit is incompatible with current land use and wili have a number of significant and adverse environmental, safety, and welfare impacts, including development incompatible with the Comprehensive Plan, hazardous and increased traffic, damage to the scenic value of the area including the St. Croix River, and a negative effect on the value of surrounding properties. As a matter of law, the Council must deny the current proposed.amendment to the consulting agreement with AECOM. Under the Minnesota Environmental Policy Act("MEPA"), the Environmental Impact Statement must be prepared by AECOM and its adequacy deterrnined by the Council within 280 days after notice of its preparation. Minn. Stat. § 116D.04, subd. 2A(h). Since the revised notice of the EIS for the proposed Tiller gravel pit was published on February 8, 2010, the 280-day period to complete the EIS expired on November 15, 2010. Tiller Corporation has not requested an extension, and.the granting of additional time would not be justified because, according to the City's staff, the re�son for the delay is Tiller's lack of cooperation in providing the information necessary to c�mpete the EIS. DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STR[CT • MINNEAPOLIS, MINNESOTA 55402-1498 IJSA CANA�A EUROPE ASIA-PACIFIC HEBERT AND WELCH, P.A. ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET, SUITE 301 FORE51`LAKE,MN 55025 Phone: (651)464-3397 Fax: (651)464-8664 DAVID K.HEBERT MICHAELA.WELCH November 24, 2010 Mayor and City Council City of Scandia 14727—209th Street North Scandia, MN 55073 Re: EIS for Zavoral Mining and Reclamation Project Dear Sir/Madam: At the City Council meeting held on November 16, 2010 you were presented with a proposed amendment to the AECOM Technical Services Inc. contract with the City for the preparation of the EIS for the proposed Zavoral mine and reclamation project. The current contract, approved in March 2010, was entered into after the original proposal was changed to eliminate certain operational activities on the Zavoral site. The amendment is necessary to address additional consultant costs incurred or to be incurred by the City in connection with the EIS preparation. At the same Council meeting, Kieran Dwyer, an attorney representing TA-COS, appeared and argued that the amendment should not be allowed and that Tiller's application for a CUP should be denied on the following grounds: 1. Minnesota Statutes requires that an EIS and its adequacy be determined within 280 days after notice of its preparation; 2. The City is required to deny Tiller's CUP application because the proposed use does not comply with the City's current Comprehensive Plan; and 3. A CUP must be approved or denied within 60 days of submission of an application. This letter addresses each of the issues raised by Mr. Dwyer on November 16. EIS Time Limits Minnesota Statutes §116D.04 Subd. 2a(h) does state that an environmental impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation is filed unless the time is extended by consent of the parties or by the governor for good cause. 1 Based on my review of the applicable statutes, discussions with the City Planner and EQB staff, and the entire factual and procedural history of this matter, it is my opinion that the amendment to the AECOM agreement should be approved. The City should carefully proceed to a conclusion of the EIS, following all applicable statutes and rules, in order to furnish the Council with all of the facts necessary to fully inform it in making its decision on the granting of the CUP. Making a decision based on the results of the study is much to be preferred to short circuiting the process and leaving the City open to a variety of legal claims. Sincerely yours, HEBERT AND WELCH, P. A. David K. Hebert DKH:Ip Enclosures 3 ZAVORAL MINING AND RECLAMATION PLAN EfS CONTRACT MODIFICATION November 10,2010 The following describes and quantifies the requested contract modification. In summary,the request is related to: • Extended project life • Project inefficiencies and related meetings due to multiple starts and stops • Additional wetland support to address and attend Technical Evaluation Panel review of delineation of seep wetland conducted by Tiller's consultant � Extensive coordination and modification of the pump test conducted to assess potential impacts of Tiller's proposed water use. The request is broken down by task and then totaled. 1. Task 1 Project Management Due to Extended Contract life � Anticipate approximately 6 months in additional time for project management originally based on approximately 10-12 months and related contract modifications. Also reflects inefficiencies due to multiple starts and stops on project work. Estimated at Completion: $ 26,700 Budget: 20 700 Task Modification Increase: $6,000 2. Task 2lnternal and External Communications Due to Multiple Project Starts and Stops Ongoing generation of data needs lists and holding multiple meetings to obtain data.Also reflects inefficiencies due to multiple starts and stops on project work. Estimate at Completion: $66,142 Budget: 58 142 Task Modification Increase: $8,000 The DNR also suggested that the pumps be pulled from welis that were planned as monitoring points and that tests be conducted on the wells to ensure that they were in good hydrologic connection with the aquifers and not plugged. These tests were conducted and resulted in additional time and drilling subcontractor costs due to multiple mobilizations to pull and restore pumps in wells. � Citizen and PAC input AECOM and City staff also held discussions with local citizens and received input from the PAC developed for the project. As a result the pump test timeframe was extended(ran for 4 hours, which was determined to be sufficient for analyzing potential impacts). This included pre-and post- monitoring of all monitoring sites that amounted to several days of additional work. AECOM also met with local citizens, reviewed their suggested monitoring sites,evaluated them for applicability, and gained access to the sites that were determined to be suitable monitoring sites. The purpose of this monitoring was to verify if pumping had any detectable effect on water levels in the nearby creeks,wells,and other monitored surface water features. The following additional sites were monitored: • Zavoral Creek close to the Crystal Springs,about 1,100 feet northwest of the 2avoral Creek's culvert. � Unnamed creek—next creek south of Zavoral Creek,about 500 feet south of the Zavoral Creek's culvert. • Unnamed creek at the north end of culvert below Quint Avenue North,west of railroad tracks,short distance down-gradient from spring box,about 2,800 feet south of the Zavoral Creek's culvert. • Water discharge point. • Water discharge basin. After measuring the depth of and testing the Trails End Well,AECOM determined that it may not intercept the targeted aquifer. As a result,AECOM, in agreement with City staff and Tiller,added the Magnuson well that intercepted the targeted aquifer to the monitoring network,and obtained an access agreement. AECOM also worked with the Watershed District and they installed monitoring equipment at this location that was used during the pump test and can be left in place as a long term monitoring point. The level of effort for this task was in a state of continuous modi�cation to provide a product that was most acceptable to all involved parties.The scope was expanded, resulting in the following: Actual Cost to date: $53,718 Estimated at Completion: 60 000 Budget: $17,449 Task Modification Increase: $42,551 Tota! Requested Contract Modification Increase: $59,331 Anne Hurlburt From: lisa.philippi@wellsfargo.com Sent: Thursday, December 02, 2010 10:55 AM To: a.hurlburt@ci.scandia.mn.us Cc: ketuenge@frontiernet.net; Ic1333@frontiernet.net; aldenecke@msn.com Subject: FW: IMPORTANT -CALL TO ACTION -from Take Action-Conserve Our Scandia Anne, Here is some information that has been send to all the TA-COS members and friends. Please read carefully. We have also forwarded this to all the City Council members. Chris Ness suggested that you might want to put this in their packets before the 12/7/10 meeting. I am not sure if they all got this e-mail. TA-COS feels very strongly that the City of Roseville has set a precedence. They were able to vote down the asphalt plant even though the CUP application was applied for prior to the Zoning ordinance being changed. This is very similar to our situation as our Zoning Ordinance no longer allows for mining. Thanks, Lisa Philippi �pi,Lisa �sday,December Ol,2010 1:45 PM IMPORTANT-CALL TO ACTION-from Take Action-Conserve Our Scandia Friends, CALL TO ACTION Please contact Scandia's Mayor and city council representatives this week and attend the Tuesday, December 7 meeting of the Scandia City Council at 6 p.m., Scandia Community Center. SUMMARY Join TA-COS in asking that the City of Scandia applv the rules of the current zoning ordinance and Comprehensive Plan in consideration of the proposed Tiller-Zavoral mine. The City's current zoning ordinance does not allow �ravel mining in the location proposed by Tiller. TA-COS attorney Kieran Dwyer will be present at the December 7 Scandia City Council to provide legal precedent for: 1) denying the current proposal to extend the time allowed for preparation of the Environmental Impact Statement (EIS) on the proposed mine, 2) halting the EIS process, 3) denying Tiller's application for a conditional use permit based on the City of Scandia's current Zoning Ordinance,passed into law on November 3, 2010. Citizens who support this position are encouraged to contact the Mayor and city councilpersons to request their support of this action. IMPORTANT NEWS TA-COS attorneys at the law firm Dorsey& Whitney LLP have identified Minnesota law that supports denying the Conditional Use Permit for the proposed Tiller-Zavoral mine based on its non-compliance with the City's current Zoning Ordinance (passed November 3, 2010) and its current Comprehensive Plan. Contrarv to the view held by Tiller and the Citv, Minnesota law, as established by the Minnesota Supreme Court, demonstrates that 1 Anne Huriburt From: Dave Hebert [dave@hebertwelchlaw.com] Sent: Thursday, December 02, 2010 3:17 PM To: 'Anne Hurlburt'; 'Sherri A. Buss' Subject: FW: Scandia Tiller Zavoral application fyi From: Korstad, Gregory E. ,[mailto:gkorstadCa�larkinhoffman.coml Sent: Thursday, December 02, 2010 3:13 PM To: 'dave@hebertwelchlaw.com' Cc: 'Mike Caron' Subject: Scandia Tiller Zavoral application Dave; I have done a little research on the issue of the City's decision to review Tiller Corporations application under the regulatory framework in existence at the time of its application. You will recall this issue has been raised at least twice before and we have previously discussed this point. The law hasn't changed: Simply stated, a city has authority and broad discretion to consider CUP applications pursuant to the land use controls existing at the time of the CUP application. Eagle Lake of Becker County Lake Assoc. v. Becker County Bd. of Comm'rs, 738 N.W.2d 788 (Minn. App. 2007). A city's decision to establish a policy to review CUP applications under the land use controls existing at the time the applications were made is a legislative- type determination that is generally committed to the city's discretion. Id. at 794. Even if a landowner does not have vested rights to the use contemplated by the pending application, and even if the government would not be equitably estopped from enforcing the amended ordinance against the landowner, a city may still decide within its discretion to apply the repealed ordinance to the application. Id. This approach has been justified by courts on a rationale that application of the ordinance pending at the time of the application allows landowners to proceed under the known law and not have to omnisciently predict changes in the ordinance. See, e.g., Save Lantern Bay v. Cass County Planning Comm'n, 683 N.W.2d 862, 864 (Minn. App. 2004 Please let me know if you have any questions on this as we are a substantial way through the EIS process in reliance on the City's previous determination on this point. Greg CONFIDENTIALITY NOTICE: INFORMATION IN THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE. This message may be an Attorney-Client communication from the law firm of Larkin Hoffman Daly&Lindgren Ltd., and as such is privileged and confidential. If you are not an intended recipient of this message, or an agent responsible for delivering it 1 ' Sto Cro� �1������r � � � � � � 1 � � � � � � Ad>>ocnfing for conservatiort tln�oughoa,rt the ia�atershec� December 3, 2010 RECEiVED� To the Mayor and City Council �E� _� ���� City of Scandia, Minnesota CITY OF SCANDIA The TA-COS group has brought forward the following provision o aw: An environmenta.l impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation unless the ti�ne �s extended by consent of the parties or by the governor for good cause. Emphasis added. The 280 days has already gone by. If the time is not extended, then there is no adequate EIS, and therefore the conditional permit application cannot be approved, and is dead. A new application would have to be considered under the new city zoning ordinance, which would not allow the project. Extension of the time deadline requires the consent of the parties. The parties are mining company Tiller, t11e City, and abjecting citizens organized as TA- COS. A decision to extend must be based on "good cause". The history of this project makes it a real stretch to fmd good cause. First, after Dr. Zavoral bought the property, a number of years went by with the mining operation shut down and its owner under orders by the county to undertake restoration. He never did this. Second, when Ti11er's application came �n to sta.rt a new mining operation at the site, the city's decision that there would be no future mining there, had cleared all but final techn�cal hurdles on its way to becoming law. Tiller crawled in just under the ware. Til�er, and the landowner, pushed ahead with PO Box 655 s St. Croix Falls,WI 54024• (715)483-3300 www.stcroixriverassociation.org �� Tiller Corporatian mrd its oyemting divisions T I L L E R Barton Sand&Gravel Co. C O R P O R A T I O N' Commercial Asphalt Co. Bartan Enterprises,Inc. Corporate Office: General: (763)425-4191 P.O.Box 1480 Facsimile: (763)425-7153 7200 Hemlocic lane,Suite 2i)0 Web: www.tillercorp.mm Maple Grove,Mnutesota 55311-6840 December 3,2010 Mayor Dennis Seefeldt Council Member Connie Amos Council Mernber Pete Crum Council Member Delores Peterson Council Member Chris Ness 14727 209th St. N. Scandia, MN 55073 Re: Zavoral Mining and Reclamation Project Dear Mayor Seefeldt and Council Members: This letter responds to various issues raised by the Ta-cos opposition group and others attempting to sidetrack the City's consideration of Tiller Corporation's("Tiller")application for a conditional use permit("CUP")in connection with proposed gravel mining and reclamation (the "Project")to be conducted at the Zavoral family's property. Tiller's application was submitted in the autumn of 2008,when the City's comprehensive guide plan and its zoning ordinance peimitted the mining use as currently proposed as well as more intense processing activities. Proactive Environmental Review Tiller has conducted a strongly proactive approach to the consideration of its application, performing numerous studies and evaluations of an extensive list if items not ordinarily associated with the use of gravel mining facilities of this size. The result is that the proposed project and the Zavoral site are undergoing one of the most strenuous environmental reviews conducted for a simple gravel mining facility in Minnesota. During the two years since it submitted its CUP request, the Project has undergone extensive evaluation,beginning with an Environmental Assessment Worksheet("EAW")that was completed in December 2008. In March 2009, the City Council found that an environxnental impact statement("EIS") is required. The City then held a public meeting to"scope"the EIS and, in April 2009, the City approved a final Scoping Decision Document. As part of the information gathering process related to the environmental review Tiller and its consultants have obtained studies and evaluations and supplied information relating to traffic,noise, � December 3,2010 ,r Page 3 of 3 considerations we have made in the environmental review process. First, as contemplated by the EQB Rules,Tiller has agreed to the schedule established by the City's consultants for preparation of the EIS. Secondly,it is Tiller which has the greatest sta.ke in complerion of the EIS as without it the Project can not be authorized. Conclusion The City made a decision and should abide by it to continue to consider Tiller's request under the law as it existed when Tiller applied. First, Tiller submitted its application to the City several months before the New Plan was adopted and two years before the zoning ordinance was amended. Second,Tiller has expended considerable funds in advancing its applica.tion. After adopting the New Plan in March 2009,the City has never suggested that the application should terminate because of the New Plan. Instead,throughout the rnonths since March 2009,the City has moved Tiller's CUP application forward,requesting thorough and expensive environmental review. Tiller has spent considerable amounts in reliance on the City's processing of the application pursuant to the laws effecrive in 2008. Applying the arnended laws to Tiller's application,which was delayed only to complete environmental review as required by law,would not advance any legitimate public interest. In conclusion,both Tiiler's position and the public interest mandate that the City exercise its discretion to review Tiller's application under the regulations existing at the time that the application was submitted. Respectfully, Tiller Corporation '��'��' Michael Caron Director of Land Use Affairs . t � ` � c, � "��� � ORSEY'" 1:7C)�:51;Y 1;, �N��I'1'h��`( I..L.F' KIERAN P.DWYER Assocfate (612)492-6536 FAX(612)677-3254 dwyer.kferan�dorsey.com ' i �ecemberc, 20�o RECEIVED DEG -6 201Q � Mayor Dennis Seefeldt ,G3 �'.- ��,� Council Member Connie Amos Councii Member Pete Crum CITY OF SCANDIA Council Member Delores Peterson Council Member Chris Ness City of Scandia 14727 209th St. N. Scandia, MN 55073 Re: Zoning Ordinance Governing the Zavoral Mining and Reclamation Project Dear May�r Seefeldt and Council Members: As you are aware, I represent Take Action—Conserve Our Scandia ("TA-COS") in regard to Tiller Corporation's application for the Zavoral Mining and Reclamation Project. In addition to the issues which I have previously addressed in my letter dated November 23, 2010, I direct the Council to Scandia's Zoning Ordinance currently in effect which prohibits the development of a mine on the Zavoral prope�ty. Accordingly, Tiller Corporation's application for a permit to develop the mine should be denied. Mining is a prohibited land use on the Zavoral property. The Scandia Development Code, Chapter 2 -Zoning (Ordinance 122) designates the Zavoral property as "Agricultural Core,"for which the approved land uses include agricultural and residential uses. See Development Code, Chapter 2, Section 2.4. The Ordinance does not specify mining as an approved use on property designated as agricultural core, and therefore the Ordinance specifically prohibits it. Develvpment Code, Chapter 2, Section 1.3 ("Whenever in any zoning district a use is not specifically allowed as a permitted, accessory, conditional, or interim use, nor is such use aUowed by administrative permit, the use shall be considered prohibited."). Minnesota law gives the City of Scandia the clear authority to deny Tiller Corporation's application on the basis of the zoning ordinance presently in force, regardless of the zoning • ordinance that was in effect at the time the application was submitted. This issue has been addressed numerous times in Minnesota, and the courts have repeatedly approved a city's authority to deny a permit application on the basis of an ordinance enacted after the submission of the application. In Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976), the Minnesota Supreme Court stated "The rule followed in most jurisdictions permits the retroactive application of a zoning regulation to deny a building permit for which application was made prior to the effective date of the new ordinance." The Court then applied this rule and upheld the town's denial of a DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498 USA CANA�A EUROPE A61A-PACIFIC RECEIVED QEG -� 201Q Mayor Seefeldt and City Council members of Scandia MN, Dec 1, 2010 CiTY OF SCANDIA We urge the City of Scandia to deny the Conditional Use Permit for the proposed Tiller- Zavoral mine based on its non-compliance with the City of Scandia's current Zoning Ordinance and its current Comprehensive Plan. A gravel mine in the location proposed by Tiller is against the law, based on the City of Scandia's current Zoning Ordinance. The Wild and Scenic St. Croix River is a unique and precious asset to the communities of Scandia and Marine. We believe the proposed gravel mine would be detrime�tal to the rural and scenic character of Scandia and Marine due to the high volume of 18 wheeled truck traffic (one entering and one leaving Hwys 97 & 95 every 1.3 minutes during peak operation)and the noise of the heavy equipment that would be heard up and down the river valley for miles. This would truly be disruptive to camping, fishing,hunting and boating along this stretch of the Wild and Scenic St. Croix River. Loca1 businesses will suffer when people say away. Pollution to the St. Croix River would be inevitable. That many trucks and pieces of equipment dripping oil, hydraulic fluid,antifreeze etc. so close to the river will eventually contaminate the ground water and runoff into the river. Respectfully, '� r :�,�;� �`�--��"�� �--� � �� ��J ��%�" r��� � Larry and Mary Whitaker 625 Pine Cone Trail Marine RECEIVED Fiudy and Caroi Sundberg D�C -� 2010 217�5 Quarry Ave N SC�Y1C�11, MN rJrJO73 CITY OF SCANDIA i--'Mayor Dennis Seefeldt Councilman Connie Amos Counci(man Pete Crum Councilman Delores Peterson Counciman Chris Ness City of Scandia 1 A�727 209th St. fV Scandia, NIN 55073 December 1, 2010 Re: �avoral Gravel Pit (t is our understanding the AECOM requested an extension of the contract with the city because they have not received sufficient information from the Tiller Corporation to complete the Environmental Impact Study. lnasmuch as the c6ty and #he firm that is doing the EIS have received no information since July 2010 from Tilfer, this request shouid be denied. It seems to us fihat if the delays in completing this document are due to a lack of time(y cooperation by Tiller, there is no reason for an extension. They should be required to re-submit the application under the current comprehensive plan. Thank you. Sincerety, ,, �,,,,�,� �.�.----��-��s� �>«�� �.-�-_-�- �udy and �arol Sundberg Anne Hurlburt From: dbuck39714@aol.com Sent: Tuesday, December 07, 2010 11:32 AM To: a.hurlburt@ci.scandia.mn.us Subject: Deny Tiller's extension Dear. Ms. Hurlburt, We are writing to firmly request that you to deny Tiller Corporation's application to extend the timeline to prepare the Environmental Impact Statement. Tiller Corp. agreed to the schedule and has been given ample time to complete the EIS. By not completing the EIS on the agreed schedule, Tiller has jeopardized its privilege to work with the City of Scandia and its residents. The company and its representatives have been given abundant notification. Now it's time for Scandia to act and not procrastinate; this is just another delay tactic by Tiller. Thank you for your commitment to ensure Scandia remains and develops in to the community both residents and visitors admire. Respectfully, Carla and David Buck Scandia Trail North Scandia, MN i December 7, Zolo RECEIVED Mayor Dennis Seefeldt (��G �7 Za�� Council Member Connie Amos Council Member Pete Crum CITY OF SCANDIA Council Member Delores Peterson Council Member Chris Ness Re: Tiller/Zavoral Mining EIS Proposed Amendment Dear Mayor Seefeldt and Council Members: I am unable to attend tonight's City Council meeting where you will consider an Amendment to the Consulting Agreement with AECOM Technical Services, for the Tiller/Zavoral Mining Application Environmental Impact Statement. I urge you to vote NO on the proposal to amend or extend the agreement relative to the EIS required for Zavoral Mining and Reclamation Project Conditional Use Permit application. The application to mine gravel on the site is counter to the vision of the community as recognized in the new Comprehensive Plan. The City Council should own that vision. It doesn't matter that the application was made before the new zoning took effect. Your decision on the application to amend the EIS or grant a Conditional Use Permit is discretionary; you are not under any legal obligation to amend the EIS or grant a CUP. Please uphold the City's vision and deny the proposed amendment and deny the CUP. Other issues notwithstanding, e.g.: Tiller/Zavoral not been proceeding in a timely fashion with this application; past performance record of Tiller and Zavoaral not meeting contractual obligations to restore sites, etc; noise from mining operations polluting the Wild and Scenic River corridor and St. Croix Scenic Byway—and Scandia; the noise, dust, road wear and potential danger of additional truck traffic in Scandia; the fall in adjacent property values based on mining operations; etc, - it is at your discretion whether to amend the EIS agreement or grant a CUP—or follow the City's agreed upon vision codified in Comprehensive Plan. I urge you to vote NO on the AECOM Technical Services amendment under consideration tonight. Thank You Gregory Page 17001 Quarry Road