03-15-2011 CouncilMarch 15, 2011
A regular meeting of the Scandia City Council was held on the above date. Mayor Simonson
called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call was taken.
The following council members were present: Council members Connie Amos, Chris Ness, Jim
Schneider, Sally Swanson and Mayor Randall Simonson. Staff present: City Administrator Anne
Hurlburt, City Attorney Dave Hebert, City Planner Sherri Buss, Building Official/Maintenance
Supervisor Steve Thorp, Fire Chief Jim Finnegan, Police Deputy Chris Majeski, and Treasurer
Colleen Firkus. Deputy Clerk Brenda Eklund was absent.
PUBLIC FORUM
Mayor Simonson opened the floor to public comments. John Lindell, 11240 218th Street,
commented on the Tiller Annual Operation Permit application. Mr. Lindell noted that the City of
Scandia gave Tiller permission in its 2008 permit to mine below the groundwater, which was a
change from the County's policy. Mr. Lindell requested that the statement on 419 of the
application about plant expansion be removed, asking where did the authority for plant
expansion come from and was it missed by staff
APPROVAL OF THE AGENDA
Ness, seconded by Swanson, moved to approve the agenda as presented. Swanson, seconded
by Ness, moved to add item 5.h. to the agenda for approval of the Lions Temporary On -
Sale Liquor License for their chicken dinner fund-raiser. The motion carried 5-0 to
approve the agenda as amended.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) February 15, 2011 Regular Meeting
2) March 8, 2011 Work Session
b) Treasurer's Report
c) Payment of Vouchers
d) Special Event Permit, Meister's Bar and Grill (Eater Egg Hunt on April 23, 2011)
e) Special Event Permit, Meister's Bar and Grill (Wrestling Event on May 22, 2011)
f) Hire Seasonal Parks Maintenance Worker and Approve Related 2011 Budget
Amendments (Resolution No. 03-15-11-01)
g) Approve "No Parking" Signs on Lake Lane (Resolution No. 03-15-11-02)
h) Approve Temporary On -Sale Liquor License, Scandia Marine Lions Club (April 30,
2011)
Ness, second by Swanson, moved to approve the Consent Agenda. The motion carried 5-0.
PARK AND RECREATION COMMITTEE
Ness, second by Swanson, moved to appoint Mike White as the Park and Recreation
Committee representative to the Capital Improvements Committee. The motion carried 5-
0.
Simonson, second by Swanson, moved to approve the 2011 Summer Recreation Program.
The motion carried 5-0.
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Scandia City Council
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Simonson, second by Swanson, moved to approve the proposal for design services by SRF
to proceed with the design of the parking lot at Lilleskogen Park. Schneider questioned the
need for engineering services for a parking lot. Swanson and others stated it was necessary due
to the wetland and being on a County road. The motion passed 5-0.
PLANNING COMMISSION
Simonson, second by Swanson, moved to approve the Planning Commission's
recommendations to appoint Christine Maefsky as Chair, Tom Krinke as Vice -Chair of the
Planning Commission, and Steve Philippi as a representative to the Capital Improvements
Committee. The motion passed 5-0.
POLICE DEPARTMENT
Deputy Chris Majeski reported on police activity within the past month. Majeski said the date of
National Night Out event was set for August 2. Swanson offered her help.
FIRE DEPARTMENT
Fire Chief Jim Finnegan reported that there were 15 calls in February, two of them being fire
related, 12 being medical calls, and one dive related call when a car went through the ice in
Forest Lake. The department is having a bench built in memory of John Morrison. They are
planning a dedication on April 30'h in conjunction with the Lions Spring Chicken Dinner fund-
raiser and would like the City Council to attend the dedication. Chief Finnegan asked any City
Council members that will be attending the upcoming house burn to come up to the Fire Hall
Friday night to be outfitted in turnout gear. Finnegan also indicated they did not need help with
plowing around the houses that are to be burned as the ground is now too soft.
BUILDING OFFICIAL/MAINTENANCE SUPERVISOR
Building Official/Maintenance Supervisor Steve Thorp reported on building activity and zoning
issues. Thorp noted that the new Ford F250 plow truck struck a snow covered rock in the road
right-of-way and was repaired. Objects in the road right-of-way will be addressed with residents
this summer. The worst potholes and dips are now being marked and will be filled once the
asphalt plants start up. A second round of collection samples will be taken from the Elim parking
lot lift tank as required by the Health Dept. Many questions have been fielded regarding FIRM
maps that FEMA established for flood zones.
CITY ADMINISTRATOR
Administrator Hurlburt presented and asked for feedback on a draft of the City's spring
newsletter. No changes were suggested. The newsletter will be mailed approximately April 1.
WASHINGTON COUNTY EXTENSION SERVICE 4H FUNDING REQUEST
Dan Dolan, President Washington County Agricultural Society, Chair Washington County Save
4H Strategy Committee, requested funding for the County Extension Services 4H program for
2012 due to cuts in funding made by the County. The Agricultural Society owns and operates the
Fair grounds and the 4H program uses 8 of the 12 Fair buildings. Their strategy is to have one-
third paid by the County, one-third from recurring revenue from 4H fund raisers, and one-third
from non-recurring revenue. They would like to start a foundation to fund 4H in perpetuity. Mr.
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Scandia City Council
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Dolan pointed out that state statutes have been changed to allow townships and cities to make
donations to 4H as they are a county extension service. City attorney Hebert noted that while it
may be legal, it is his opinion that it is not the role of the city to make charitable gifts; taxpayers
should decide for themselves which charities they wish to fund. Mayor Simonson suggested that
the local Scandia-Marine Lions would be open to a request for funding based on a recent
conversation he has had with a club member. Simonson suggested that the Council discuss the
request further at their next work session.
SRC RECYCLING CONTRACT
Rick Prahl of SRC, Inc. presented data on the pounds of recycling collected in Scandia for the
past two years. The data showed a 3% increase. Prahl asked the Council to consider, instead of
an annual "Heavy Metal" collection day at the community center in the spring, that residents
could bring their items directly to SRC's yard in Wyoming over a week and receive a 10%
discount. This would help reduce the costs to SRC and make recycling large items more
economical. It was noted that the convenience of having a local drop-off event keeps large items
out of the ditches for city workers to cleanup. Simonson, second by Swanson, moved to
approve extending the recycling agreement with SRC. The motion passed 5-0.
ANNUAL OPERATING PERMIT (AOP) FOR BRACHT BROS.
City Planner Buss presented a review of the application for the Bracht Bros. AOP for their sand
and gravel mine located on 185�h St. Compliance with the Conditional Use Permit is checked
twice a year by the city's building official. No complaints or issues were noted. Plans for the
coming year are for reclamation and removing stockpiled material. The applicant is requesting a
change in the dust control condition, but staff recommends keeping it the same as in the 2010
AOP. The depth of excavation needs to be clarified at 918 feet. Also, submission of a
Contingency Response Plan is still outstanding. The reclamation plan is consistent with what has
been submitted and staff recommends approving the AOP with conditions.
Kirsten Pauley, Engineer for Bracht, said some stockpile on site may be sold this year, but the
volume of trucks would be less than three per day. Pauley also indicated they can change the
elevation to 918 feet and submit a Contingency Response Plan. Simonson, seconded by Amos,
moved to adopt Resolution 03-15-11-03 to approve the AOP for Bracht Bros. with the
conditions listed therein. The motion passed 5-0.
ANNUAL OPERATING PERMIT (AOP) FOR TILLER CORP.
City Planner Buss presented a review of the AOP application for Tiller Corporation's sand and
gravel mine located on Manning Ave. Compliance with two conditional use permits—one for the
Tiller mine and one for the former Dresel mine, which has been combined with the Tiller
operation—are being checked yearly by the city's building official. No complaints or issues were
noted. An EAW found no problems, so excavation is allowed below the water table. Buss noted
that 708,000 gallons of water were used last year and they are allowed up to 2 million gallons.
Less material was moved in 2010 than 2009. Fall water level data was not recorded so it needs
to be done this spring. The City received no complaints on extended hours that were granted last
year.
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Scandia City Council
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City Planner Buss raised two issues with the reclamation plan: 1) not enough specific activities
were listed on the application, and 2) whether it complies with the ordinance which asks for
reclamation to occur concurrently and proportionally with mining. The area marked for
reclamation is significantly less than the active mining area. Buss suggested either a condition
requiring the areas to be brought into proportion, or that Tiller should submit a letter explaining
how they are meeting the proportionality requirement. Buss said the Council needs to decide
how to deal with the issue of "proportionality."
Tiller engineer Pauley stated that reclamation is an ongoing process and materials that are mined
and not sold are used in the reclamation process. Stripping, the initial phase of mining, generates
reclamation activity. There is no stripping activity planned for this year. It depends on demand.
They may not mine at all if there is sufficient stockpile to meet demand. As new areas are
stripped, then material becomes available for reclamation.
Swanson asked how much area is mined compared to reclaimed. Pauley said she has those
numbers, but not with her and can send them to the Council.
Ness asked about Lindell's concern for expansion of plant operations. Pauley said there are no
plans for expansion of plant operations, and that the statement in the application about plant
expansion was a description of the ordinance requirements carried forward since 2007. Buss
indicated Tiller would need a new or amended CUP to expand plant operations.
Mike Caron said in 20 years of operation they have had five to six stripping projects. The topsoil
has been used to build berms and for reclamation. Since stripping occurs every three to seven
years, it is impossible to reclaim the same amount as stripped; it has to happen over time.
Swanson asked about the Letter of Credit amount to cover reclamation. Caron indicated there is
$300,000 between both mines.
Schneider said it seemed impossible to reclaim proportionally and concurrently. Buss indicated
Proportionality could be defined as overall on a site over time, not year-to-year proportions.
Caron indicated a time frame would be affected by sales. Staff was directed to reword Condition
4 in the draft resolution to require that proportionality of mining and reclamation be
demonstrated over time, not annually. Action on the ACIP was postponed to the April 19
meeting.
ADJOURNMENT
Swanson, second by Ness, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Colleen Firkus
Treasurer