5.a)2) February 17, 2015 Regular MeetingFebruary 17, 2015
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 Bob Hegland, Dan Lee, Chris
Ness, Jim Schneider and Mayor Randall Simonson. Staff present: City Administrator Kristina
Handt, City Attorney Nick Vivian, City Planner Sherri Buss, Engineer Katie Warner, Police
Deputy Brandon Yetter, Assistant Fire Chief Ernie Yoch, Public Works Director Tim Kieffer
and Deputy Clerk Brenda Eklund.
PUBLIC FORUM
There were no public comments.
APPROVAL OF AGENDA
Ness, seconded by Lee, moved to approve the agenda as presented. The motion carried 5-0.
CONSENT AGENDA
The following Consent Agenda was presented:
a) Minutes
1) January 20, 2015 Regular Meeting
2) February 4, 2015 Work Session
b) Treasurer's Report
Beginning Balance 01/01/2015 $3,481,425.91
Receipts + $ 29,360.86
Expenditures $237,955.94
Payroll $ 29,096.33 - $ 267,052.27
Ending Balance 01/31/2015 $3,243,734.50
c) Payment of Vouchers
d) Designate Building Official
e) Appointment of Parks and Recreation Committee Chair and Vice Chair for 2015
f) Appointment of Planning Commission Chair and Vice Chair for 2015
g) Application for Excluded or Exempt Lawful Gambling Permit, Scandia Women's
Softball (March 27 and November 20, 2015)
h) Street Light Agreement with the City of St. Paul
Ness, seconded by Lee, moved to approve the Consent Agenda as presented. The motion
carried 5-0.
ACATE
F WAXSTAD
At the January 20, 2015 meeting, the Council called for a public hearing for the purpose of
vacating portions of unopened streets within the Revision of Vasa plat. The process began by a
petition of property owners received by the City on December 11, 2014.
Mayor Simonson opened the public hearing at 7:03 p.m. There were no public comments and
the hearing was closed.
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Council member Schneider asked if there will be any impacts to property taxes on the parcels
once the vacated portion is added to the adjoining lots. Administrator Handt replied that the
parcels will be increasing in size, but any tax implications would be up to the City Assessor to
decide.
Council member Lee stated that he is against giving up any city land.
Simonson, seconded by Ness, moved to adopt Resolution No. 02-17-15-01, Vacating
Columbus Street and Waxstad Street east of TH95, and 3rd Street and 4tn Street between
Columbus and Waxstad in the Revision of Vasa Plat. The motion carried 4-1, with Lee
opposed.
BUILDING OFFICIAL
The January and first part of February building activity reports were received from Forest Lake
Building Official Chad Payment. Administrator Handt explained that the City of Hugo will be
providing future reports effective with the new contract for building inspection services which
began on February 1 lth
POLICE DEPARTMENT
Police Deputy Brandon Yetter reported that he has completed D.A.R.E. certification and will
begin teaching the program to the 6th grade class at Scandia Elementary next school year. Yetter
is investigating a generator theft from a truck on Big Marine Lake, a fraud case and identification
theft.
FIRE DEPARTMENT
Assistant Fire Chief Ernie Yoch reported that the department responded to 20 calls in January; 4
fire related and 16 EMS. The department responded to a mutual aid call to Marine for a barn fire
on January 28th. Fire officers met with Doug Berglund to discuss Washington County's
emergency management offerings. All firefighters have been recertified in CPR.
CITY ENGINEER
City Engineer Ryan Goodman provided a written report on engineering activities, and Bolton &
Menk Engineer Katie Warner was available to answer questions.
DIRECTOR OF PUBLIC WORKS
Public Works Director Tim Kieffer provided a report on the past month's operations. Kieffer is
working on the easement for placement of the antenna within the A/E drainfield. Installation is
scheduled for next week.
CITY ADMINISTRATOR
City Administrator Kristina Handt reported that she is working with Mr. Hebert of Novel Energy
Solutions on the Made in Minnesota solar incentive. The fireball, Community Center and cold
storage building are being considered for the placement of solar arrays.
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It was noted that Handt and Planner Buss reviewed the conditions of the Bracht Mine on 185th
Street and concluded that it would not be necessary for Bracht to apply for an Annual Operating
Permit for 2015. The site is no longer being mined and is complying with the reclamation plans.
ANNUAL OPERATING PERMIT FOR ZAVORAL MINE (RESOLUTIONNO. 02-17-I5-
02)
Planner Buss presented the staff report for Tiller Corporation's application for an AOP at the
Zavoral Mine, a 114-acre site at the TH 95 and TH 97 intersection. This was the second year of
mining operations at this site. Monitoring reports from various subconsultants were analyzed.
Buss reported that most all conditions of the CUP and 2014 AOP were met.
Tiller reported that 327,120 tons of material was removed from the site in 2014. The average
trips per day numbered 383. Buss noted that subconsultants found no negative impacts to
groundwater, surface water, noise, or air quality in their analyses. The application indicates that
construction of the access road into the site will continue and side slopes of the road will be
established at final grades. Mining will continue in the Phase 2 area in 2015, and may move into
Phase 3. Reclamation in the Phase 2 area will follow mining through the site.
Buss explained that a condition has been added to the 2015 AOP to address a change that Tiller
made to the Storm Water Pollution Prevention Plan in 2014 without discussing the change with
City staff. A required berm was not constructed before Phase 2 mining started, and instead
swales were graded to direct storm water internally to meet the intent of Condition #22 of the
CUP. Washington Conservation District staff indicated that this is an acceptable change, but a
list of specific changes must be provided to the City before implementation so that changes to the
AOP and CUP can be documented and tracked. Language to that effect was included in the draft
resolution as Condition #36, but Buss indicated that the wording "including the SWPPP" could
be removed in the final resolution.
Due to mining activity occurring outside of the growing season, the WCD was not able to do an
annual review of the wetland boundaries. Buss recommended that Condition #11 be added to
allow field review during the growing season.
The City received several noise complaints from residents. One related to the number of trucks
using TH 97; the number of trucks was in compliance. The other complaint on braking noise
from a gravel truck was responded to by Tiller; the truck was removed from service until
repaired.
Results of the traffic log of the TH 97 and Lofton Avenue intersection have added Conditions
#30-32 to address the occurrences of trucks not staying in the turning lanes and ensuring safety at
the entrances and exits of the mining site. If the City documents that haul trucks are not
complying with traffic regulations, the City may require that trucks cease use of the TH 97 and
Lofton intersection and must use TH 97 and Manning Avenue for haul trips.
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Buss explained that the 2014 revised reclamation plan to substitute native plantings in place of
white pine transplants has been implemented quite well, and reclamation is in compliance with
the conditions of the CUP.
Buss recommended approval of the AOP and summarized the new conditions to 1) review
wetland boundaries during the growing season; 2) complete a video log of the TH 97 and Lofton
Avenue intersection and that the applicant work with hauling contractors to improve compliance
with traffic laws; 3) provide advance notice and obtain approval before deviating from any
performance requirements of the CUP or AOP (striking "including the SWPPP" from the final
resolution); and 4) to increase the letter of credit to $97,000 for Phase 2 of the reclamation work.
Mike Caron, Tiller Corporation, stated that the conditions in the AOP are acceptable to Tiller.
He stated that safe trucking practices are a top priority to the company and he will be on -site to
monitor truck traffic. If complaints are fielded, some type of identification of the truck needs to
be offered so that they can respond quickly.
Council member Ness stated that Phase 1 reclamation looks good, and mining activity was quiet
last summer.
Mayor Simonson said that he had heard positive comments on the opened view of the river
valley.
Ness, seconded by Hegland, moved to approve Resolution No. 02-17-15-02, Approving the
Annual Operating Permit for Tiller Corporation's Sand and Gravel Mine and Reclamation
Project, as amended with removal of language in Condition #36. The motion carried 5-0.
ANNUAL OPERATING PERMIT FOR SCANDIA MINE (RESOLUTIONNO. 02-17-I5-
03)
Tiller Corporation has applied for an AOP for the existing sand and gravel mining operation
located on between Lofton and Manning Avenue near 225th Street. Planner Buss summarized
their application and reported on 2014 activities. Most all conditions of last year's permit and
CUP were met. Mining into the groundwater began at the site in 2009 and excavation depth to
date is approximately 15-20 feet into the groundwater table. Tiller did not mine into the
groundwater table in 2014, but may do so in 2015. The groundwater monitoring subconsultant
found no concerns or impacts from mining activities in the past year.
Buss reported that 215,600 tons of material was removed from the site in 2014 and 363,620 tons
of add -rock was transported to the site (327,120 tons originated from the Zavoral site). The
number of truck trips per day complies with the requirements of the CUP.
A complaint was received in late 2014 that berming along 218th Street is no longer sufficient in
screening mining activity at the site. A berm was removed adjacent to 218th Street last year to
accommodate final reclamation on the former Dresel site. Staff visits verified that some mining
activity is visible from the street. Buss included Condition #3 for 2015 that the applicant shall
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modify the berm currently under construction on the Roth property and add conifers to screen all
mining activities from view.
Complaints related to the number of trucks hauling material from the Zavoral site were received.
Buss proposed adding the same conditions for traffic compliance that are in the Zavoral AOP for
the Scandia Mine AOP to monitor trucking operations (Conditions #5-7).
Another complaint noted a concern about mining into a wetland buffer on the former Dresel site.
The Washington Conservation District investigated and recommended that the 2015 AOP permit
include a condition that the WCD complete a site visit to document the wetland and buffer
conditions on the site and determine whether mining activities have violated wetland regulations
or the CUP (Condition #11).
Hegland, seconded by Ness, moved to approve Resolution No. 02-17-15-03, Approving an
AOP for Tiller's Scandia Mine.
Council member Ness asked Tiller if they have any issues with the stated conditions in the AOP.
Christina Morrison, Tiller Corporation, addressed Condition #3 related to the berming and
screening requirements. She asked if the language could be modified to indicate the berm is
adjacent to the Roth property and to not limit plantings to only conifers, as there is alternative
vegetation that could work well.
Administrator Handt agreed that the condition could be amended to be more open-ended and she
will work with Tiller to verify compliance with screening regulations. The wording of Condition
#3 will state that "The applicant shall modify the berm adjacent to the Roth property and along
218th Street to ensure that the property is screened for compliance to the City's ordinance".
Simonson, seconded by Ness, moved to amend Resolution No. 02-17-15-03 with a change to
Condition #3. The motion carried 5-0.
A vote was taken on the Hegland, Ness motion to approve the Scandia Mine AOP with the
amended resolution. The motion carried 5-0.
FIRE CONTRACT WITH MAY TOWNSHIP
Administrator Handt presented a new three year contract with May Township to provide fire
protection services to parts of the Township, to replace the previous contract that was in effect
from 2012-2014. Handt explained that the number of homes in the coverage area was reduced
by 20 as the Scandia Fire Department previously responded to both sides of Olinda Trail and will
now cover only the western side. Marine Fire Department will cover the east side of Olinda
Trail. Along with the reduced number of homes and the reduced fire department budget, May's
contribution rate was decreased to $32,248. It will increase by 3% in 2016 and 2017.
Simonson, seconded by Lee, moved to approve the Fire Department Service Agreement
with May Township. The motion carried 5-0.
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WHITE BEAR LAKE RESTORATION ASSOCIATION VERSUS DNR LAWSUIT
(RESOL UTION NO. 02-17-15-04)
As was discussed at the February 4th Work Session, Scandia should join other communities in
opposing the DNR's settlement with the White Bear Lake Association as it could have
significant economic impacts on Scandia water users. Administrator Handt explained the
resolution which outlined the lack of scientific studies to back the claims of low water levels and
the significant impacts the settlement could have on surrounding communities. By signing the
resolution, Scandia would support the unification of all Northeast Metro cities to actively oppose
the implementation of the terms of the settlement agreement.
Simonson, seconded by Ness, moved to approve Resolution No. 02-17-15-04, Relating to the
Proffered Settlement Agreement by the White Bear Lake Restoration Association Relating
to Regionalization of Municipal Drinking Water Supplies. The motion carried 5-0.
VARIANCE APPLICATION FOR LOG HOUSE LANDING IMPROVEMENT
PROJECT OR REPURPOSING FUNDS
At the January 20th meeting, Council authorized staff to begin the variance process for the Log
House Landing Project in order to utilize the State Park Road Account Funding it was awarded.
The final design deviated from the requirements outlined in the grant standards. A resolution
was presented to the Council that would request a variance from MnDOT's design rules, but
Administrator Handt reported that Mn-DOT engineers were not likely to approve a variance.
Staff could continue to work with the County and State to possibly reallocate the grant funds to
the road improvement project on the adjacent street, Quinnell Avenue. Bolton & Menk Engineer
Katie Warner estimated costs of $5,000 to $7,000 to continue staff time on the Log House
project if the variance process was continued.
Kristin Tuenge and Steve Kronmiller of the Carnelian -Marine Watershed, a funding partner in
the project, explained three actions taken at their recent Board meeting. The Watershed made a
recommendation to apply for other grant funding for the improvements to the boat ramp. The
Watershed agreed to a 25% cost participation up to $85,000 contingent on DNR grant funding
for the project. The third was authorizing funds for a study to determine the amount of erosion
and how big the solution needs to be. A $10,000 budget was allocated to the study, and funds for
the LHL Project will be withheld until the study is complete.
Council member Ness asked for more information on repurposing the funds to Quinnell Avenue.
Handt explained that a new application for grant funds may be needed which would delay the
reconstruction of Quinnell, which was planned for 2015. In not approving the variance for the
design of 205th Street, Handt stated that the State engineers had concerns about fire access to the
river and that a one -lane roadway was too drastic of a change. Warner included that the State did
not want to set precedence for future roadway designs that are awarded grant funds.
Council member Schneider stated that Quinnell needs blacktop regardless of funding due to its
bad condition. He proposed not spending any more money on the LHL project if it will not be
approved.
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Handt explained that there is no expiration on the $200,000 grant funds which were awarded last
year. The City could wait on LHL and work on a plan that might get approved in 2016. The
downside is that the cost estimate for LHL will go up since it is not being tied into another
reclamation road project.
Christine Maefsky, Chair of the LHL Committee, explained that a required two-lane road was
not discussed in their meetings on road design. She noted that the grant funds are awarded for
expansion projects and not preservation or restoration. Maefsky reminded the Council that
bound gravel material should still be an option and is available at a lesser cost than asphalt.
Council continued to discuss the option of repurposing the grant funds to Quinnell Avenue
improvements rather than pursuing a variance for the recommended design. Wayne Sandberg,
County Engineer, could continue this course at no cost to the City, up until bids need to go out
for this year's project. Sandberg has indicated that he could make a point that Quinnell has
always been included as part of the project. Warner added that there would be some costs for
engineering staff time.
Ness, seconded by Hegland, moved to pursue the repurposing of grant funds to Quinnell
Avenue road improvements and to put the Log House Landing Improvement Project on
hold pending the outcome of the Carnelian -Marine Watershed study. The motion carried
5-0.
TRUNK HIGHWAY 97 AT I-35 BRIDGE IMPROVEMENT (RESOLUTIONNO. 02-17-
15-06)
Administrator Handt presented a resolution to join Forest Lake and Columbus in supporting
updates and funding to the TH97/I-35 interchange and addition of ramps at County Road 83.
Many Scandia commuters use this interchange regularly. The resolution asks for bonding
proceeds of $25 million from the State for the much needed improvements.
Simonson, seconded by Hegland, moved to approve Resolution No. 02-17-15-06,
Supporting the Reconstruction of the Interstate 35 / Trunk Highway 97 Bridge and County
Road 83 Ramps. The motion carried 5-0.
EDA AND CAPITAL IMPROVEMENT COMMITTEE APPOINTMENTS
At the January Work Session, three appointments to the Capital Improvement Committee were
made. Staff was directed to advertise for additional applicants to fill the five member committee.
Due to Tom Triplett's vacancy on the EDA, applications were also taken for this position.
Ness, seconded by Simonson, moved to appoint Sally Swanson to the Economic
Development Authority. The motion carried 5-0.
Three applications to the Capital Improvement Committee were received. Council member Ness
recommended that all three candidates be interviewed. Interviews will be conducted at the
March 4th Work Session beginning at 6:30 p.m.
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ADJOURNMENT
Ness, seconded by Schneider, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 8:21 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk