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12-05-2006 Town Board NEW SCANDIA TOWN BOARD AGENDA DECEMBER 5, 2006 7:00 P.M. 1. Call to order by Chairman Dennis Seefeldt 2. Pledge of Allegiance 3. General Business a) Set Date for Special Meeting to Canvass Votes for the December 12, 2006 Municipal Election b) Resolution to Approve Petition to Merge the Carnelian Marine Watershed and Marine WMO(Resolution 12-05-06-01) c) Discuss Possible Nomination for Comfort Lake/Forest Lake Watershed District Board of Managers d) Approve Dissemination Agent Agreement with Northland Securities, Inc. 4. Recommendations from the Planning Commission a) Cingular Wireless. Conditional Use Permit to Install Antennas and Equipment on Existing Cellular Tower located at 12160 Scandia Trail North. (Resolution 12-05-06-02) b) David Rodquist, 20412 Quinell Avenue North. Variance for Septic System Design. (Resolution 12-05-06-03) c) Jon Rodgers. 23409 Lofton Avenue North. Variance for Septic System Design (Resolution 12-05-06-04) d) Scott and Mary Ann Andersen. 19580 St. Croix Trail. Minor Subdivision of 31.6 Acres into Three Parcels (Resolution 12-05-06-05) 5. Additions to the Agenda 6. Adjournment NEW SCANDIA TOWN BOARD ADDITIONS TO AGENDA DECEMBER 5, 2006, 7:00 P.M. 3. General Business e) Accept resignation of Dean Lindgren from the Marine Water Management Organization and Consider Appointment of Replacement f) Approve Release of Letter of Credit to Don and Marilyn Hogle Meeting Date: 12/5/2006 Agenda Item: 3 , eq') Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Set Date for Special Meeting to Canvass Votes for the December 12, 2006 Municipal Election Deadline/ Timeline: Within seven days of the municipal election. Background: • The Board must meet as a canvassing board and declare the results of the election. This meeting must be properly noticed and open to the public. • After the canvass,there will be a period of seven days for contesting the results; after that, the Clerk may issue a certificate of election to the successful candidates. • The Board could canvass the votes at its December 19, 2006 meeting. However, to ensure that the results of the election are final as soon as possible, it would be desirable to hold the meeting of the canvassing board at an earlier date. • Any time that a majority of Board members can be present on December 13, 2006 or thereafter could be considered for the meeting date. I do not recommend holding the meeting on Election Day as we are uncertain how long it will take to complete election procedures. Recommendation: I recommend that the Board set a date and time to canvass the votes. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (set canvassing meeting) Page 1of1 11/28/06 Meeting Date: 12/05/2006 Agenda Item: 3 6) Town Board Agenda Report Town of New Scandia 14727 2096 St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Adopt Resolution No. 12-05-06-01 supporting Washington County's petition to the Minnesota Board of Water and Soil Resources to merge the Marine WMO with the Carnelian Marine Watershed District. Deadline/ Timeline: Action is requested from the County by 12/18/06. Background: • Washington County is seeking resolutions of support from the communities affected by proposed merger of the WMO with the watershed district. • The Town Board previously approved a resolution supporting the dissolution of the Marine WMO (August 2, 2005) • The expanded watershed will include the"orphan"area in the northeastern portion of the Township. • The board of managers would be expanded to seven from the current five members. • The name of the new district would be"Carnelian-Marine-St. Croix Watershed District." • Amanda Goebel, Senior Environmental Specialist with Washington County, will be present at the Board meeting to answer any questions. Recommendation: I recommend that the Board adopt the resolution Attachments/ • Draft Resolution No. 12-05-06-01 Materials provided: • Draft Petition • Map of watersheds Contact(s): Amanda Goebel, Washington County(651 430-6744) Prepared by: Anne Hurlburt, Administrator (tb report carmar enlargement petition) Page 1 of 1 11/28/06 NEW SCANDIA TOWNSHIP RESOLUTION NO. 12-05-06-01 A RESOLUTION SUPPORTING THE PETITION FROM WASHINGTON COUNTY TO THE BOARD OF WATER AND SOIL RESOURCES, REQUESTING APPROVAL OF THE EXPANSION OF THE CARNELIAN —MARINE WATERSHED DISTRICT (CARMARWD) BY THE ADDITION OF LANDS CURRENTLY COVERED BY THE MARINE ON ST. CROIX WATER MANAGEMENT ORGANIZATION (MARINE WMO) AND THE UNMANAGED AREA OF SCANDIA NOT COVERED BY ANY WATER MANAGEMENT ORGANIZATION,AND REQUESTING THE NAMING OF THE SUBSEQUENT ENTITY TO BE THE CARNELIAN MARINE ST. CROIX WATERSHED DISTRICT. WHEREAS, the managers of the CarMarWD and the Marine WMO, along with representatives from their associated cities and townships,and staff at Washington County,have created a plan to combine the geographic areas of each organization,plus the unmanaged area of Scandia not covered by any water management organization, into an expanded watershed district; and WHEREAS, the four communities that are a party to the Joint Powers Agreement (JPA) of the Marine WMO, namely Scandia Township, May Township, Marine On St. Croix and Stillwater Township, have adopted resolutions that provisionally disband the WMO, subject to a watershed district expansion plan that is acceptable to each party,and WHEREAS,the petition, attached hereto as Exhibit A,embodies such watershed expansion plan, and that such plan(a)requires an increase in managers from 5 to 7, (b)requires that the 7 managers be fairly and equitably distributed across the entire newly defined watershed district area as required by law, and(c)that the watershed district be renamed to more properly identify the entire expanded area. NOW THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF NEW SCANDIAA TOWNHIP,WASHINGTON COUNTY, MINNESOTA that it should and hereby does approve the attached petition, and encourages Washington County to send said petition to the Minnesota Board of Water and Soil Resources, asking for the expansion of Carnelian Marine WD as described, with approval for 7 watershed board managers, and to rename such watershed district the"Carnelian Marine St Croix Watershed District." Adopted by the Town Board of New Scandia Township this 5th day of December, 2006. Dennis D. Seefeldt, Chairman ATTEST: Town Clerk/Administrator STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES 520 Lafayette Road North St. Paul, MN 55155 In the Matter of the Petition of Washington County for the enlargement ENLARGEMENT PETITION of the Carnelian Marine Watershed District, renaming the subsequent organization, =: .v and increasing the number of managers TO: Board of Water and Soil Resources, 520 Lafayette RoadNorth, St. Paul, MN 55155 Petitioner,Washington County,a body politic and corporate,pursuant to Washington County Board Resolution No.2006- does hereby petition the Board of Waterer Soil Resources to enlarge the Carnelian-Marine Watershed District pursuant to Minnesota.'Statute 103D.261 for the following reasons: 1. The Carnelian-Marine Watershed District is an existing watershed district located entirely within the metropolitan area. 2. The areas proposed to be added to the existing Carnelian-Marine Watershed District are contiguous to the Carnelian-Marine Watershed District and are also located entirely within the metropolitan area. The areas proposed to be added are described on the map attached hereto as Exhibit A. The proposed watershed district consists of a total of 81.48 square miles, of which 27.33 square miles are located within New Scandia Township 4.18 square miles are located within the City of Marine on St. Croix 0.74 square miles are located within the City of Hugo 34.58 square miles are located within May Township 1 0.25 square miles are located within the City of Grant 14.40 square miles are located within Stillwater Township 3. The name of the proposed enlarged watershed district should be the Carnelian- Marine-St. Croix Watershed District. 4. The sE5.4 e 1;` ' Washington County Assessor's determination of taxable market value for the property located within the proposed enlarged Carnelian- Marine Watershed District is $1,115,076,300. 5. The areas proposed to be added to the existing Carnelian-Marine Watershed District are the Marine on St. Croix Watershed Management Organization, portions of New Scandia Township, and portions of land along the St. Croix River currently not within a watershed district or under ajoint powers watershed management organization, designated in Exhibit A as "unclaimed". The Marine on St. Croix Watershed Management Organization member communities recently passed contingent resolutions to dissolve their Joint Powers Agreement pursuant to Minnesota Statute 103 B.211. 6. The former joint powers watershed management organization whose territory is to be included in=the proposed enlargement of the Carnelian-Marine Watershed District will be free of financial liabilities at the time of enlargement. 7. The following are supporting arguments for addition of the area described on Exhibit A to the existing Carnelian-Marine Watershed District. The addition would be conducive to the public health and public welfare and for the purposes of Chapter 103D. 2 In May 1998,the Washington County Board of Commissioners authorized a Water Governance Study to identify and evaluate the best governance structure for water management for the county. In April 2002, the county developed a plan defining the expectations of watershed management organizations for actively managing the water resources of the county. The following are goals from the Revised Implementation Plan for Water Governance: a. To create a water management structure that will provide long term protection for surface and groundwater resources. b. To create local water management units with the fiscal capacity and authority to govern efficiently and-effectively. c. To identify financing mechanisms that are fair'and adequate to meet the needs of the county. d. To coordinate surface water,groundwater, land use, and natural resources sY; management to provide for a more comprehensive approach to resource management. e. To adopt a proactive rather than a reactive approach to countywide water resources. f. To increase the accountability of the water management structure. 8. Washington County has worked with representatives of each of the water management units to develop recommendations for key issues related to the enlargement and renaming of the Carnelian-Marine Watershed District; such as 3 financing policies, coordination of water management plans, water management name, and board representation. Recommendations developed by the water management unit representatives and approved by the county include the following: a. The enlarged watershed district will be guided and managed consistent with a watershed management plan as prepared, adopted, and implemented in accordance with requirements in Minnesota Statute 103B.205-.255. b. The Board of Water and Soil Resources may stipulate that the watershed district incorporate the new area in ama management plan amendment within a year of the enlargement. c. Administrative services and related general services that are provided throughout the enlarged watershed district shall be funded using a district wide ad valorem tax, collected by Washington County as a part of property tax collection. d. The full range of funding options available to the enlarged watershed district under Minnesota Statute Chapter 103D and 103B should be considered to fund water quality and water quantity projects, or other services that are not provided on a district-wide basis. Funding should be determined on a project-by-project basis, based on project benefits, costs (including administrative costs of the financing options), and equity. e. Currently the Carnelian-Marine Watershed District Board consists of five(5) 4 managers. Due to the large number and diversity of water-related natural resources, the county is requesting the establishment of a seven(7)member board of managers. The addition of two manager positions would ensure adequate oversight of the many water-related natural resources and provide representation from the sub-watershed areas proposed to be added to the district. Managers shall be appointed to fairly represent the various hydrological areas within the enlarged watershed district. The county will establish a plan to shift representation throughout the entire enlarged watershed through the appointment ofi new managers. f. The current Carnelian-`Marine Watershed District and Marine on St. Croix Watershed Management Organization is home to thousands of acres of lakes, streams, and wetlands, the St. Croix River, and an abundantly clean groundwater system. All ofwhich are relied on heavily for recreational and aesthetic purposes and for recharge of drinking water supplies. In addition to the lakes, streams, wetlands, and St. Croix River, there is a rare moist cliff along the St. Croix River which is identified as the highest quality community in the watershed. Carnelian-Marine Watershed District has a significant number of natural resources to protect;however,available financial resources are limited due to the sparse tax base. The enlargement area also has significant high value resources with a limited tax base. As development pressures increase, the 5 enlarged watershed district will need to assume an active role in water resource protection to maintain the goals identified in the district's plan: protecting and improving water quality,preventing flooding, and protecting and improving fish and wildlife habitat. Current managers are very active in the daily management of the water resources and actively work with citizens and other agencies. The commitment of the current managers controls administrative and program budget costs by reducing the need for multiple paid staff and consultant time. g. The merged organization will consider requesting a loan from Washington County and will seek voluntary contributions from the local units of government associated with the disbanded joint powers water management organization to fund operations until levy authority is established over the entire area of the enlarged district. At the time of dissolution, any positive account fund balances from Marine on St. Croix Water Management Organization will pass to the new enlarged organization. TH ` FORE,Washington County requests that the Board of Water and Soil Resources,after setting a time and location for a hearing on the Petition and giving notice as required by law and conducting a hearing as required by law, issue its order granting the following relief. 1. That the boundaries of the Carnelian-Marine Watershed District be enlarged to include the area set forth on the map attached hereto as Exhibit A. 2. The number of managers of the enlarged watershed district shall be increased to 6 seven members on the Board of Managers, as proposed herein. 3. That the name of the enlarged watershed district shall be the Carnelian-Marine-St. Croix Watershed District, as proposed herein. 4. That the area proposed to be added shall be guided and managed consistent with the current management plan of the watershed management organizations in accordance with Minnesota Statute 103B.205— 103B.255ti. Date: DOUG JOHNSON, COUNTY ATTORNEY WASHINGTON COUNTY, MINNESO LinddC.Krafthefer Assistant Washington County Attorney Washington County Government Center �, 9 62nd Street North .m. Stillwater, Minnesota 55082 (651) 430-6116 Attorney Registration No. 7 Q . ,J , , ),,... ,tirr' - . _ . j t� FORE I "w.:, L r ! - . ' P f �� %©1-7/a/r,011) . , I 4a,= f i O 14NEV! SCANQ A # 0 ' ` =. . ,, = - ► WASHINGTON COUNTY _� _„► ,,t .... =j i, \ fr--—-` r=� ,q, WATERSHED .'-� -,. ` o . ORGANIZATIONS � _9�� i I �iur� a � � � ��art �_��+� � � � � ����(�J�/�I� I� = F REST LAKE _��,1 t M 1� k!'+iv0u `�' 4'' �.� .. .R. FLWMO FOREST LAKE WATERSHED 1 pI� . - ' 5'' 1 MANAGEMENT ORGANIZATION 17 0 "s}= „ , i `%"r' . TCROIx MARINE ON ST. CROIX �r , ''/I I` .. �i o © 11, :;'_1cT:, MWMO ___,i , _ 11� ,y a' NI -,or WATERSHED MANAGEMENT c-,---i_ II 7 I ORGANIZATION d• ` 1 -,e. PS�A O '� �" i- ,4 1_ _� RICE CREEK WATERSHED RCWD _. o ,� I. _ VI, ti:CIIIII wi DISTRICT -:?,_,, r 1..._ it , r b �� � I� 1Q. — lil 1 '* T•,�J vi ;CMWD CARNELIAN-MARINE WATERSHED DISTRICT �p C � a �� ©o o.�iL, :, �a=1i r I BCWMO BROWNS CREEK WATERSHED — I -,\ • r-. . - re.,..°� CRY �a_�_; '"`' """'��. �;�, MANAGEMENT ORGANIZATION ''''- Nil jp v -:- i °—�: of �� �_ . MSCWMO MIDDLE ST. CROIX I" ° �! /�"" '�/ °" //� J�. WATERSHED MANAGEMENT _1. 1A0 :ANT y\ "' .TI LW.a ORGANIZATION �� �, Vi = 111146‘vif. � -M a f�, ;: �r, • 7 �VJ ,m �VBWD VALLEY BRANCH = 1 ."Wir �• ,.+, _Wit JN WATERSHED DISTRICT ' — I. 1 y = • .:�.I� I ``:,' 1PIMP_. �' :< .,� �.�e, ` W ER RWWD RAMSEY-WASHINGTON r� qgli II =d \.1 WATERSHED DISTRICT P 1 , pm ..: _'�—,:,,. 411L, �,i'a. -, /CGRWMO COTTAGE GROVE RAVINE 3L ) \ labingixii Department of Public Health and Environment Lowell Johnson Director Sue Hedlund Deputy Director MEMORANDUM To: City of Marine on St. Croix City Council May Township Town Board New Scandia Township Town Board Stillwater Township Town Board From: Amanda Goebel, Senior Environmental Specialist, Washington County Depaitaient of Public Health & Environment Date: December 4, 2006 Re: Timeline for Merger between Marine on St. Croix Watershed Management Organization and Carnelian-Marine Watershed District CC: Jim Schug, Administrator, Washington County Lowell Johnson, Director, Washington County Public Health and Environment Cindy Weckwerth, Program Manager, Washington County Public Health and Environment Jim Shaver, Chairman, Marine on St. Croix Water Management Organization John Bower, President, Carnelian-Marine Watershed District Jim Haertel,Water Management Specialist,MN Board of Water& Soil Resources Numerous discussions have occurred in the past 18 months regarding the proposed merger between the Marine on St. Croix Water Management Organization(MWMO) and the Carnelian-Marine Watershed District(CMWD). The two watershed management organizations have been working with member communities, Washington County, and the Board of Water and Soil Resources to craft the merger petition. County and watershed representatives will be meeting with the township boards and city council in the next two weeks to seek support for the merger petition. The timeline for approval of the merger petition is below. • December 19th, 2006: Washington County will file the petition, on behalf of the member communities,with the Board of Water& Soil Resources (BWSR). • January 24th, 2007: BWSR Board will meet to discuss merger petition and set date for public hearing. • February 1st: Approximate date that BWSR will publish the notice for public hearing. • Week of February 12th to 16th: BWSR will likely hold public hearing sometime this week. Public hearing will be held locally. The public hearing record is kept open for at least two weeks so that interested parties can submit comments to the BWSR Board. • March 28th: BWSR Board will approve or disapprove the petition. Government Center • 14949 62nd Street North—P.O. Box 6,Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action At the time of the merger, CMWD will be enlarged to incorporate the area currently within the MWMO and the `unclaimed' area of New Scandia Township. The proposed name of the watershed is the Carnelian-Marine-St. Croix Watershed District. The petition calls for an increase from five to seven watershed board managers to ensure adequate oversight of the many water-related natural resources and to adequately provide representation from the sub-watershed areas. After the merger, Washington County will be seeking nominations from the member communities to fill the newly created manager positions. Also please be aware that two of the current CMWD managers will be up for reappointment in 2007. All communities within the enlarged area will have an opportunity to submit names. This process will ensure adequate representation for the newly expanded watershed. Please contact me if you have any questions or need additional information. Please notify me when your community has passed the resolution in support of the enlargement petition and send a copy of the resolution to: Amanda Goebel Washington County Department of Public Health & Environment 14949 62nd Street North, PO Box 6 Stillwater, MN 55082-0006 Fax(651) 430-6730 We look forward to working with you on this process. Meeting Date: 12/5/2006 Agenda Item: 3 C-) Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Discuss Possible Nomination for Comfort Lake/Forest Lake Watershed District Board of Managers Deadline/ Timeline: December 8, 2006 Background: • Dennis Larson of New Scandia has resigned from the Comfort Lake Forest Lake Watershed District Board of Managers • Washington County has asked for nominations to fill this position. • The Board discussed this item at the November 21 meeting, and asked that staff clarify the process for nominating and selecting managers. As of November 28, the County had received one application. Unless other nominations are received by December 8th, the county board will interview the applicant and decide if they wish to appoint that person. If not, the communities will be given a new deadline to submit names for the county board to interview. The staff indicated that the Commissioners usually take the recommendations of the communities into consideration when appointing a watershed manager. • Officers of the Bone Lake homeowners association have been contacted and are aware of the opportunity to submit names to the board for possible nomination. • Calvin Floerke, 23259 Lofton Ct., has submitted his application for appointment. He has experience serving on the Forest Lake Watershed. Recommendation: I recommend that the Board consider nominating one or more individuals for appointment. Attachments/ • Description of duties of watershed managers Materials provided: • Application of Calvin Floerke Contact(s): Prepared by: Anne Hurlburt, Administrator (comfort lake nomination) Page 1 of 1 11/29/06 Washington Watershed Districts County Brown's Creek APPLICATION FOR APPOINTMENT Carnelian-Marine TO WATERSHED DISTRICT Comfort Lake-Forest Lake RamsCo M'F O fTfr kA i(E - Fo R E.sT j 4 k h Metro Washington Watershed District Rice Creek South Washington INSTRUCTIONS: Valley Branch 1. Write the name of the Watershed District you are applying for in the space above. 2. All applicants will be interviewed by the County Board of Commissioners. 3. Notice of Rights Identified on back. (Please Print) � NAME: E r`p Kt CAL. ✓/Ar .a LLE$ Last First Middle ADDRESS: Z3 2-r9 L aF(r 01f , 1J; SCAM p iq i t i1 S5073 Street City State Zip TELEPHONE: G S/- 4,13 3 - 3 6 G q RE T s g C a Home Business FAX NO: ./ E-MAIL ADDRESS: N IF YOU RESIDE IN A TOWNSHIP,PLEASE LIST: E L4J S CA 31 D 1 pt Y;;w NAN t'fl C i r7 a V.SCAM>IA LIST EXPERIENCE,EDUCATION OR SKILLS THAT YOU HAVE THAT WOULD RELATE TO THE RESPONSIBILITIES OF A WATERSHED DISTRICT MANAGER: 3 S . bee cleft - VN.uCasir7 aF T4l'SSOVIe,i - SC .veto or' ri+E FeRESG L'JAE w,tett S LD esVeit /-44/0 y/eAP i . AT TEND eD SE&of . AL $, M4E1I � At/ACdA�NT a* fel/Afs.- wAs ti.Iuoe ve n /if `SHE Pis en) rµc L.A.tet r3 oN Port - Kr Got. >c eau AKA . AVAILABILITY:WOULD YOU BE ABLE TO ATTEND REGULAR WATERSHED DISTRICT MEETINGS AND TAKE AN ACTIVE ROLE ON THE BOARD OF MANAGERS? y es ELIGIBILITY: DO YOU HOLD ANY ELECTED OFFICE, OR ANY APPOINTED POLICY-MAKING POSITION WITH THE COUNTY,STATE,OR FEDERAL GOVERNMENT? IYD IF SO,PLEASE DESCRIBE: ORGANIZATIONAL EXPERIENCE: PLEASE DESCRIBE ANY EXPERIENCE YOU HAVE IN SUPPORTING OR DIRECTING A COMMITTEE, ASSOCIATION,BOARD,COOPERATIVE,COMMISSION,CLUB,OR OTHER GROUP: S Re7t R E D I=R6 tN! Me 6RAu! H t L% AS Pt3C1 1`416N4iE/L ' s4/daa 0-1I5t+1 SALOS "4 1 ',Y4S CoMq=R,4,Je.Es tMEMd ¢R dw f)ip.. M4t'ttNF L.tort. — NATURAL RESOURCES BACKGROUND:PLEASE DESCRIBE ANY INVOLVEMENT OR SPECIAL INTEREST YOU HAVE HAD IN WATER,SOIL,FISH AND WILDLIFE,RECREATION,OR OTHER NATURAL RESOURCES ISSUES. I Al"ue S f;v e O O N T11't P o R t;r fc L,AItE tu.h. OR SMr'>t buc R 77u0 ye•As It.S LutY't-t S uwtE of r/tF L'.isitENt oFPaGam''R5 at: eoturottY - f-onssr t.mk • comorort 51tOD PPREl Jot46.1 IytutK• NR PNKefiik AND s K.Ndw .I'+fkla /kWaek. oij , ..rwp1. 5 fNu04vED /N tri+C r%.cff /•c,.44. iuDltuAL- D1QCH . 9 1c ,s/r 2A.RRIeR or.1 /11, /4"rrr" eb ,5 try&CRAt- 5aM4.-N1► .S 'DAPA , A•MpLet. ,&.stE Z'vKts ii.NV C.in veUi Loos oR PLEASE DESCRIBE YOUR IDEAS ABOUT WHAT MANAGEMENT ACTIVITIES NEED TO BE CARRIED OUT WITHIN THE WATERSHED DISTRICT: aoWE LA-14r - $l40R7 RANe,F_ tJo7rlike* k45 eA4AIVCveh DUE Tl'IE reltia A Fit.rifil. IS Itiffa,beF)) - to1+ftE Roe4 — f"4R1 / rMovpL - MIL.L /Zorn i. OW e1.1E LAcaNA. (JUG IVaZ11 L./P.y T4 rI[EA.S iT . 1T4E 1 r rre- 1.A7tEr /450' �S 1/ERy EASCR, i"a ATEL/,` - A=J1ibEhrir /A✓.a.vT i .S et se SILT At.arlah( 7 WHY WOULD YOU WANT TO SERVE AS A WATERSHED DISTRICT MANAGER? / Peer c. !NA.cr ?e p Res et r i c o/ FRO 01 A4 SCA1Ib/A Re"AID,Nr /S /wtpo Ariv uT r /.IAvt otastligb LAu D c N c,IJ Lrai� c SIW&E / 940 ANA uJORtczn on! CrAl-a- aome L_nlrir nRE,w.ora.ri/✓ 1VOC./ .j . dUtRy P+siO.-Asi. ' .51N4e iT., CeWtrprinar /14 irm-e- LATE /94o14 G.o44, R ,wWc Pad5rAtfrit0 LvrD SF*rr ZOO 2ocL WERE' tier-AV 6 ,oD N4Apwr er TNF Rdai:DElv4S Gsi4t. Next' L,i vim' ENoc G 1%. 4b Save ` #,'s TyPe 1c i'R6a9 J ITAT1 ate( A-S D e Nlr" M/►tV y r'i mos Cif P%o fear: HAVE YOU EVER RECEIVED A VIOLATION NOTICE FROM A WATERSHED DISTRICT FOR ANY ACTIONS YOU HAVE TAKEN ON YOUR PROPERTY? YES ✓NO DO YOU OWN ANY COMMERCIAL/INDUSTRIAL OR DEVELOPABLE PROPERTY IN THIS WATERSHED DISTRICT? ARE YOU AWARE OF ANY CURRENT OR POTENTIAL CONFLICTS OF INTEREST THAT YOU WOULD EXPERIENCE IF YOU ARE APPOINTED AS A WATERSHED DISTRICT MANAGER? /V o NOTICE OF RIGHTS In accordance with the Minnesota Government Data Practices Act,Washington County is required to inform you of your rights as they pertain to private information collected from you. Private data is that information which is available to you, Washington County Administration and the department to which you are applying but not to the public. The purpose of the collected information is to determine your eligibility to participate on a commission or advisory board. Furnishing the requested information is voluntary,although refusal to supply the information may make you ineligible for an appointment. Names and home addresses of applicants for appointment to and members of an advisory board or commission are public,as are rank on eligibility list,job history,education,training and work availability. All other information obtained from you is private. RETURN THIS APPLICATION TO: WASHINGTON COUNTY Office of Administration Government Center 14949 62nd Street North P.O.Box 6 Stillwater,MN 55082-0006 (651)430-6014 If you need assistance due to disability or language barrier please call 651-430-6000(77'Y 651-430-6246) AN EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER What is a Watershed District? A Watershed District is a special purpose local unit of government. It is established for the purpose of managing water resources. It is different from all other local government units in that its boundary is determined by the natural divide that defines the drainage basin of a river, stream, or a lake, rather than the political boundaries of townships or counties. There is no maximum or minimum size set for watershed districts. By law, districts have been established for relatively small watersheds, as well as very large ones, such as the Red Lake Watershed District, which encompasses more than 6000 square miles. The Watershed Act allows districts to act on a broad range of water problems. Some of these include drainage and flood control, lake management, soil erosion and sedimentation,water quality, groundwater management, water supply, and floodplain management. What are the responsibilities of Watershed District Authorities? The Watershed Act provides districts with authorities needed to manage water resources. Some of their responsibilities are as follows: • To develop the Watershed Management Plan • To investigate and undertake water management improvement projects • To act as grant-eligible body for the application for and administration of state and federal grants • To adopt rules to regulate activities that can cause water-related problems • To acquire property needed for improvement projects • To assess properties benefitted by improvement projects • To exercise limited authority to levy taxes to finance district operation establishment petitions have been submitted by counties, rather than cities or landowners. When a petition is filed, B.W.S.R. is required to conduct a public hearing within the area of the proposed district to receive comments on the proposed district. In order to establish a district, B.W.S.R. must find that the proposed district would serve the purposes of the Watershed Act. Watershed Districts and the Watershed Management Plan The first responsibility of a new district is to prepare a watershed management plan. A watershed management plan must be written before the district can carry out any projects. This plan must describe existing and potential water problems in the district, describe possible solutions, and define the general objectives of the board of managers. The board of managers is required to appoint a local advisory committee to assist it in putting together the watershed management plan. The Board of Water and Soil Resources is required to conduct a public hearing on the watershed management plan before it can be put into effect. How do State and Federal laws and regulations apply to Watershed Districts? Watershed Districts are not exempt from other state and federal laws and regulations. It is important to realize that although the Watershed Act provides the district with a number of authorities to deal with local water management, the districts' actions must be consistent with other applicable laws and rules. For example. if a district is going to carry out a lake level control project, the district would need to obtain a permit from the Minnesota Department of Natural Resources to install a lake level control structure, the same as any other local unit of government or individual. There are common misconceptions about this. solutions to water problems. For example, once a district's Watershed Management Plan is in place, landowners can petition the board of managers for any type of project that conforms to the plan. This flexibility makes it possible for a district to become involved in just about any type of project that may be needed to alleviate a local water problem. It is important to remember that watershed districts are not the sole managers of water resources. Counties also have many authorities relating to water management and certainly are capable of doing what a watershed district can if they are motivated and have the necessary support with adjoining counties. s:lwatershe.wpd B.W.S.R. Meeting Date: 12/5/2006 Agenda Item: d) Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Approve Dissemination Agent Agreement with Northland Securities, Inc. Deadline/ Timeline: A report to be prepared pursuant to this agreement is due by the end of 2006 Background: • The Township is required to file certain reports to national repositories of information on municipal securities. The Township currently has one bond issue subject to the continuing disclosure requirements, the GO Building Crossover Refunding Bonds of 2005. The anticipated bond issue to finance the 2007 paving project will also be subject to these reporting requirements. • Last year the Town Attorney prepared this report. He has suggested that it may be more efficient for Northland Securities, the Town's financial advisor for the bond issues, to prepare these reports in the future. • The next report is due at the end of 2006. Northland has indicated that they will be able to prepare this and future reports. It may be necessary to request an extension for the 2006 report. • The fee for this service is $1,000 plus $250 per bond issue required to file an annual report, plus any out-of-pocket costs up to a maximum of$300 (total maximum cost for 2006 is $1,550.) Recommendation: I recommend that you approve the agreement. Attachments/ • Dissemination Agent Agreement Materials provided: Contact(s): Monte Eastvold,Northland Securities (612) 851-5917 Prepared by: Anne Hurlburt, Administrator (northland agreement) Page 1 of 1 11/28/06 DISSEMINATION AGENT AGREEMENT THIS DISSEMINATION AGENT AGREEMENT (the "Dissemination Agreement"), dated as of the 5th day of December, 2006, by and between the Town of New Scandia, Minnesota, 14727 209th Street, Scandia, Mn 55073-0128 (the "Issuer") and Northland Securities, Inc., 45 - South 7th Street, Suite 2500, Minneapolis, MN 55402 ("the Dissemination Agent") in connection with bond issues of the Issuer (the "Bond Issues") identified in Exhibit A which is attached to and by reference made a part of this Dissemination Agreement: The Issuer and the Dissemination Agent covenant and agree as follows with respect to the Bond Issues: SECTION 1. Definitions. the following capitalized terms shall have the following meanings: "Annual Report" shall mean the document or documents filed by the Dissemination Agent with a National Repository or State repository pursuant to this Dissemination Agreement. "Annual Report Data" shall mean the Issuer's audited financial statements, such other financial information and operating data for each Bond Issue as may be requested by the Dissemination Agent to compile the Annual Report, and information collected by the Dissemination Agent(such as data from the county auditor). "Continuing Disclosure Agreement" shall mean that certain agreement or undertaking executed by the Issuer at the time of issuance of the bond issues listed in Exhibit A. "Disclosure Representative" shall mean the Administrator of the Issuer or his or her designee, or such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to time. "Listed Events" shall mean any of the material events listed in Section 5(a) of this Dissemination Agreement. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Attached to and by reference made a part of this Dissemination Agreement is Exhibit B, a current list of National Repositories. Notwithstanding anything to the contrary contained herein, Exhibit B may be amended from time to time by the Dissemination Agent, following the designation of additional National Repositories or loss of such status by an existing National Repository, by delivering a notice of amendment and an amended Exhibit B to the Issuer. dissemintation agent agreement Page 1 11/28/2006 "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "SEC" shall mean the Securities and Exchange Commission or any successor to its functions governing state and municipal securities disclosure. "State" shall mean the State of Minnesota. "State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. "Tax-Exempt" shall mean that interest on the Bonds is excluded from gross income for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating any other tax liability, including any alternative minimum tax or environmental tax. SECTION 2. Purpose of the Dissemination Agreement. This Dissemination Agreement is being entered into by the Issuer and the Dissemination Agent in order to assist the Issuer in complying with the Rule. SECTION 3. Provision of Annual Reports. (a) On or before December 1, 2006 and by August 1 of each year thereafter, the Issuer shall provide the Annual Report Data to the Dissemination Agent. The Dissemination Agent shall compile and provide to each Repository by December 31st, of each year commencing December 31, 2006, the Annual Report for each Bond Issue in a format consistent with the Rule. (b) If by August 1 of each year, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the Issuer to determine if the Issuer is in compliance with subsection(a). (c) The Dissemination Agent shall: (i) determine each year prior to December 31 st, the name and address of each National Repository and each State Repository, if any; and (ii) file a report with the Issuer and the Trustee (if applicable) certifying that the Annual Report has been provided pursuant to this Dissemination Agreement, stating the date it was provided and listing all the Repositories to which it was provided. dissemintation agent agreement Page 2 11/28/2006 SECTION 4. Content of Annual Reports. The Annual Report prepared by the Dissemination Agent for each Bond Issue shall contain or incorporate by reference the financial information and operating data specified in the applicable Continuing Disclosure Agreement or continuing disclosure provisions of any applicable Resolution, Indenture, Loan Agreement or Lease Agreement, relating to bond issues listed in Exhibit A. SECTION 5. Reporting of Significant Events. (a)This Section 5 shall govern the giving of notices of the occurrence of any of the events listed below or in the Issuer's Continuing Disclosure Agreement or in the applicable Resolution, Indenture, Loan Agreement or Lease Agreement: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions or events affecting the tax-exempt status of the security; (7) Modifications to rights of security holders; (8) Bond calls; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the securities; and (11) Rating changes. (b) The Dissemination Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure Representative, inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection(f). (c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would constitute material information for Holders of Bonds. dissemintation agent agreement Page 3 11/28/2006 (d) If the Issuer has determined that knowledge of the occurrence of a Listed Event would be material, the Issuer shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (f). (e) If in response to a request under subsection(b), the Issuer determines that the Listed event would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection(f). (f) If the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking Board and each National Repository and State Repository. SECTION 6. Dissemination Agent. The Issuer has engaged the Dissemination Agent to assist it in carrying out its obligations under this Dissemination Agreement and may discharge any such Dissemination Agent, with or without appointing a successor or Dissemination Agent. The Dissemination Agent may terminate its duties hereunder upon fifteen (15) days written notice to the Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of$1,000 plus $250 per Bond Issue for each Bond Issue in excess of an original par value of $1,000,000 as listed in Exhibit A that is required by the Rule to file an Annual Report. In addition, the Issuer shall reimburse the Dissemination Agent for out of pocket expenses incurred in preparing the Annual Report. Such expenses shall not exceed an annual amount of$300.00 unless approved in advance by the Issuer. SECTION 7. Amendment, Waiver. Notwithstanding any other provision of this Dissemination Agreement, the Issuer and the Dissemination Agent may amend this Dissemination Agreement, and any provision of this Dissemination Agreement may be waived, in writing, as agreed to by the parties thereto. SECTION 8. Additional Information. Nothing in this Dissemination Agreement shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Dissemination Agreement or any other means of communication. SECTION 9. Duties, Immunities and Liabilities of Trustee and Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Dissemination Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or willful misconduct. dissemintation agent agreement Page 4 11/28/2006 SECTION 10. Beneficiaries. This Dissemination Agreement shall inure solely to the benefit of the Issuer and the Dissemination Agent, and shall create no rights in any other person or entity. SECTION 11. Counterparts, This Dissemination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the TOWN OF NEW SCANDIA and NORTHLAND SECURITIES, INC. have caused this Dissemination Agreement to be executed in their respective names, all as of the date first written above. TOWN OF NEW SCANDIA, MINNESOTA NORTHLAND SECURITIES, INC. By By Its Chair Its Sr. Vice President And Its Administrator dissemintation agent agreement Page 5 11/28/2006 EXHIBIT A BOND ISSUES SUBJECT TO CONTINUING DISCLOSURE* NEW SCANDIA, MINNESOTA FIRST FINAL LAST ISSUE DATED REPORT MATURE REPORT PAR ISSUE DATE DUE DATE DUE $685,000 G.O. Building Crossover Refunding 5-1-05 12-31-06 12-1-15 12-31-16 Bonds of 2005 dissemintation agent agreement Page 6 11/28/2006 EXHIBIT B LIST OF NATIONAL REPOSITORIES Bloomberg Municipal Repository P.O. Box 840 Princeton,NJ 08542-0840 Phone: 609-279-3200 Fax 609-279-5962 Interactive Data Attn: Repository 100 Williams Street New York,NY 10038 (212) 771-6899 FAX: (212) 771-7390 E-Mail: NRMSIR(&,interactive.com Website: http://www.InteractiveData.com Standard &Poor's J.J. Kenny Repository 55 Water Street, 45th floor New York,NY 10041 Phone: 212-438-4506 DPC Data, Inc. One Executive Drive Fort Lee,NJ 07024 Phone 201-346-0701 Fax 201-947-0107 dissemintation agent agreement Page 7 11/28/2006 Meeting Date: 12/5/2006 Agenda Item: 3 e) Town Board Agenda Report Town of New Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Accept the resignation of Dean Lindgren from the Marine Water Management Organization(WMO) and consider appointment of a replacement. Deadline/Timeline: N/A Background: • Dean Lindgren, the New Scandia Township representative to the Marine WMO, has submitted his resignation effective at such time as the Board appoints a replacement or on December 31, 2006, whichever occurs first. • The members of the joint powers board may be carried over as members of the board of managers of the merged watershed when the Marine WMO merges with the Carnelian Marine Watershed District. • Mr. Lindgren has submitted the resume of Randy S. Ferrin, 12190 Quentin Ave., who has recommended as his replacement. Mr. Lindgren indicated he would contact Mr. Ferrin and ask him to be present at the Board meeting. Recommendation: I recommend that the Board accept the resignation and consider whether or not to appoint Randy Ferrin. Attachments/ • Resignation Letter Materials provided: • Resume of Randy S. Ferrin Contact(s): Dean Lindgren, 651 433-5550 Prepared by: Anne Hurlburt, Administrator (marine wmo rep) Page 1 of 1 12/01/06 November 30, 2006 Dear New Scandia Township Board of Supervisors: I hereby submit my resignation as the New Scandia Township representative to the Marine Water Management Organization, effective at such time as the Board names my replacement or on December 31, 2006, whichever occurs first. I recommend that the Board consider appointing Randy S. Ferrin, 23290 Quentin Avenue, as my replacement. Sincerely, Dean Lindgren RANDY S. FERRIN 23290 Quentin Avenue Scandia,MN 55073 (651)433-4929 EDUCATION: B.A. Biology(Chemistry minor), Augustana College, Sioux Falls, SD M.S. Watershed Science, specializing in water quality,Utah State University,Logan COMPUTER SKILLS: Microsoft Office,basic GIS and web applications, PROFESSIONAL Licensed Professional Hydrologist in Wisconsin,Number 8-111 DESIGNATION: EXPERIENCE: Present Board of Directors(Unpaid) St. Croix River Association(Vice-President) Standing Cedars Community Land Trust(Board member) -Attend meetings of the boards and affiliated committees -Represent the St. Croix River Association at River related meetings and conferences -Represent the SCRA at meetings of the St. Croix Water Resources Planning Team -Provide professional hydrologist recommendations on matters of interest to the SCRA -Assist in land management planning and decisions for Standing Cedars Land Trust (09/1994 to 10/2005) Chief,Natural Resources Division National Park Service, St. Croix National Scenic Riverway, St. Croix Falls, WI -Chief Scientist for the Riverway and science advisor to the Superintendent -Supervised a professional staff of Biologists, GIS Specialist, and technicians -Served as Riverway Hydrologist for all water resource issues -Chair, Interagency St. Croix River Basin Water Resources Planning Team and St. Croix and Namekagon River Fisheries Management Team -Worked with fellow managers to develop budgets,policies and procedures -Wrote grant proposals,administered funded proposals,and served on regional and national grant review panels -Retired after more than 32 years of federal service,October 2005 (09/1992 to 09/1994) Ecologist National Park Service, Air Resources Division,Research Branch Denver, CO -Administered grants studying air pollution effects on national parks -Investigated atmospheric deposition biological effects -Developed bibliographic database of air pollution effects research -Represented the NPS on regional and national air resource consortiums -Served as lichen-studies coordinator for the National Park System (01/1980 to 09/1992) Air and Water Program Leader USDA Forest Service,White Mountain National Forest,Laconia,NH -Served on interdisciplinary team evaluating effects of forest management activities -Directed the water quality program with over 50 sampling stations -Directed the forest's air quality program,including monitoring and mitigation -Insured compliance with the Clean Water Act and state water quality laws -Forest's hazardous materials coordinator -Served on the Forest Planning Team -Author or co-author of numerous environmental assessments and impact statements (06/1977 to 01/1980) Water Quality Planner USDA Forest Service, Six Rivers National Forest;Eureka, CA -Developed Section 208(Clean Water Act)Plan for national forests of northern California -Member of Forest Service Region 5 task force for developing Best Management Practices, authored section on forest road construction and maintenance BMPs -Forest liaisons with State and Regional Water Quality Control Boards -Remote sensing coordinator for Six Rivers National Forest -Served on Forest Planning Team,coordinated the earth sciences component -Established and maintained STORET water quality data system for Forest -Coordinated the water quality monitoring program for herbicide use (06/1975 to 06/1977) Forest Hydrologist USDA Forest Service,Black Hills National Forest, Custer, SD -Served on interdisciplinary team evaluating and mitigating forest management impacts -Initiated and directed the Forest's water quality monitoring program with 60 stations and established the Forest's water quality lab -Developed Best Management Practices for forest management activities -Served on Section 208 Black Hills Areawide Water Quality Planning Technical Team -Organized and supervised the 1976 Black Hills Flood Evaluation Team -Coordinated the Forest's water rights program (05/1974 to 06/1975) District Hydrologist USDA Forest Service, Saco Ranger District, White Mountain National Forest, Conway,NH -Conducted lake water quality studies to assess trophic status -Conducted aquatic macroinvertebrate studies to determine water quality effects -Processed precipitation, stream discharge,and water quality data -Participated in a study of nutrient release from timber harvesting REFERENCES: References available upon request. Meeting Date: 12/5/2006 Agenda Item: 3 fJ l 0, Town Board Agenda Report Town of New Scandia 14727 209th St. North,P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Approve Release of Letter of Credit to Don and Marilyn Hogle. Deadline/ Timeline: Development agreement deadline is December 7, 2006 Background: • In 2004, Don and Marilyn Hogle, 21509 Lofton Ave.,received approval of a minor subdivision to divide their property into two parcels: a 55-acre parcel containing their home, and a 20-acre parcel with greenhouses. • As a condition of approval, the Hogles were required to construct a new home on the 20-acre parcel. A development agreement was signed, and a letter of credit was submitted to the township to guarantee that the home would be constructed or the greenhouses would be torn down. They were given two years to accomplish this (by December 7, 2006.) • The letter of credit in the amount of$26,475.00 expires December 31, 2006. • The minor subdivision was recorded and the parcel was split. However, the Hogles have changed their plans and have reversed the subdivision, combining the lots into a single parcel. • The township attorney has reviewed the documentation submitted by the Hogles and found them sufficient to allow a release of the guarantee. Recommendation: I recommend that the Board approve the release of the letter of credit. Attachments/ • Development Agreement Materials provided: • E-mail dated December 3, 2006 from Marilyn Hogle • Washington County land records form and map Contact(s): Don&Marilyn Hogle, 433-3362 Prepared by: Anne Hurlburt, Administrator (hogle dev agrement) Page 1 of 1 12/05/06 . /7 (Reserved for Recording Data) TOWN OF NEW SCANDIA DEVELOPMENT AGREEMENT This Agreement is made this J day of id , 2004, by and between the Town of New Scandia, a political subdivision of the State of Minnesota ("Town") and Donald H. Hogle and Marilyn D. Hogle, Trustees under the Donald H. Hogle and Marilyn D. Hogle Trust Agreement dated November 11, 1990 ("Hogles"). RECITALS A. Hogles are the owners of real property in Washington County, Minnesota described on the attached Exhibit A, and desire to subdivide the said property into two parcels under the legal descriptions set forth on the attached Exhibit B ("Homestead Parcel") and on the attached Exhibit C ("Greenhouse Parcel"). B. The Town has agreed to approve the said subdivision, but only upon the condition that Hogles enter into this Development Agreement. NOW, THEREFORE, in consideration of the mutual terms, covenants, conditions and agreements hereinafter contained, it is hereby agreed by and between the parties as follows: 1. The Town hereby approves the subdivision of the property described on the attached Exhibit A into the Homestead Parcel and Greenhouse Parcel, subject to the terms of this Agreement, and provided that the said subdivision occurs within two years of the date of this Agreement. 2. The subdivision shall be accomplished by the recording of separate deeds, at Hogles' expense, establishing the Greenhouse Parcel and Homestead Parcel as separate tax parcels. Subject to the conditions set forth in Section 3 below, the Town shall confirm its approval for the recording of the said deeds by stamping them as "approved for recording" within thirty (30) days of a request by Hogles. 3. Hogles shall cause a single family residence to be constructed upon the Greenhouse Parcel, to be evidenced by the issuance of a Certificate of Occupancy for such single family residence, within two years of the date on which the Town confirms its approval of the subdivision by stamping the deed for the Greenhouse Parcel as "approved for recording." As a condition to obtaining that confirmation from the Town, Hogles shall provide a bond or letter of credit in favor of the Town, in a form acceptable to the Town, in the amount of $g(,,4L76`, .4?_° , being 150% of the estimated cost of the removal of the existing greenhouse from the Greenhouse Parcel. In the event a Certificate of Occupancy has not been issued for such new residence within said two- year period, the Town may cause the existing greenhouse on the Greenhouse Parcel to be removed, and all costs incurred by the Town in connection with such removal shall be paid to the Town pursuant to the bond or letter of credit. In the event a Certificate of Occupancy for such new residence is issued in compliance with the terms of this Development Agreement, the Town shall execute a recordable document terminating the terms of this Development Agreement, which document shall be recorded in the office of the County Recorder of Washington County, Minnesota. 4. The terms and conditions of this Development Agreement shall run with the land and shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands this/_day of Adl. o_,,44-1-C� , 2004. TOWN OF NEW SCANDIA DONALD H. HOGLE AND MARILYN D. HOGLE TRUST AGREEMENT DAT D NOVEMBER 11, 1990 By: ,‘ - ,..ee— Donald H. Hogle, Trust Its: C , <-4.) -7 ,(,„1„ /rrye, r,,,,,,a.Le, Attest: Marilyn D. H le, Trustee( By: ,e-,, Its: Clerk 2 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The oregoing instrument was acknortidge of re me this -7 day of N4 by and , the and Clerk, respectively, of f the Town of New Scandia, a political subdivision under the laws of the State of Minnesota on behalf of said political subdivision. Notary _ AAA}{ COLLEEN FIRKUS ;116,STATE OF MINNESOTA ) ti c '���� NOTARY PUBLIC.MINNESOTA SS.) SS. ti {�) �"�`,...� My Commission Expires Jan.31,2005 COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this Q day of 2004 by Donald H. Hogle and Marilyn D. Hogle, Trustees under the Donald H. Hogle and Marilyn D. Hogle Trust Agreement dated November 11, 1990. s "T"'� , COLLEEN FIRKUS r NOTARY PUBLIC-MINNESOTA sl My Commission Expires Jan.31,2005 Notary Public �llf/11fIfIJl/!1/'il/.lf�/JI/J� Drafted by: Greig R. Tennis (#15619X) Tennis and Collins, P.A. 20 North Lake Street, Suite 202 Forest Lake, MN 55025 651/464-7400 F:\CLIENT\Hogle, Donald H. &Marilyn D\2001\Sale of 21509 Lofton Ave. N\Development Agreement.doc 3 EXHIBIT A Legal Description South 1/2 of the Northeast 1/4, except that part lying Southerly of County State Aid Road, Section 17, Township 32 N, Range 20 West, Washington County, Minnesota. EXHIBIT B (Homestead Parcel) That part of the South Half of the Northeast Quarter of Section 17,Township 32 North,Range 20 West,Washington County,Minnesota,described as follows: Beginning at the northeast corner of said South Half of the Northeast Quarter;thence North 89 degrees 25 minutes 19 seconds West,bearing oriented to the Washington County Coordinate System,NAD83,along the north line of said South Half of the Northeast Quarter, a distance of 1368.29 feet;thence South 04 degrees 44 minutes 29 seconds East 609.81 feet;.thence South 78 degrees 04 minutes 39 seconds West 818.44 feet;thence South 63 degrees 46 minutes 09 seconds West 262.77 feet to the center line of Lofton Avenue North as presently monumented and traveled; thence southeasterly along said center line and a non-tangential curve,concave to the northeast,having a radius of 2867.59 feet and a central angle of 01 degree 58 minutes 01 second a distance of 98.44 feet,the chord of said curve bears South 26 degrees 36 minutes 54 seconds East;thence South 27 degrees 35 minutes 54 seconds East along said center line and along tangent 371.07 feet to the south line of said South Half of the Northeast Quarter;thence South 89 degrees 18 minutes 11 seconds East along said south line 2192.13 feet to the southeast corner of said South Half of the Northeast Quarter;thence North 02 degrees 19 minutes 24 seconds West along the east line of said South Half of the Northeast Quarter a distance of 1323.74 feet to the point of beginning, containing 54.11 acres,more or less. Subject to a highway easement in favor of Washington County as described in Book 302 of Deeds,page 415,on file and of record in the Office of the County Recorder,Washington County,Minnesota. EXHIBIT C (Greenhouse Parcel) That part of the South Half of the Northeast Quarter of Section 17,Township 32 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the northeast corner of said South Half of the Northeast Quarter; thence North 89 degrees 25 minutes 19 seconds West,bearing oriented to the Washington County Coordinate System,NAD83,along the north line of said South Half of the Northeast Quarter, a distance of 1368.29 feet to the point of beginning; thence South 04 degrees 44 minutes 29 seconds East 609.81 feet;thence South 78 degrees 04 minutes 39 seconds West 818.44 feet;thence South 63 degrees 46 minutes 09 seconds West 262.77 feet to the center line of Lofton Avenue as presently monumented and traveled; thence northwesterly along said center line and a non-tangential curve,concave to the northeast,having a radius of 2867.59,feet and a central angle of 18 degrees 35 minutes 44 seconds a distance of 930.69 feet to the west line of said South Half of the Northeast Quarter,the chord of said curve bears North 16 degrees 20 minutes 01 second West;thence North 02 degrees 13 minutes 10 seconds West along said west line 16.33 feet to the northwest corner of said South Half of the Northeast Quarter;thence South 89 degrees 25 minutes 19 seconds East along said north line of the South Half of the Northeast Quarter a distance of 1247.37 feet to the point of beginning,containing 20.29 acres,more or less. Subject to a transmission line easement as described in Document No. 3415448,on file and of record in the Office of the County Recorder,Washington County,Minnesota. Also, subject to a highway easement in favor of Washington County as described in Book 302 of Deeds,page 415, on file and of record in said Office of the County Recorder. Hogle property in Scandia Page 1 of 1 Anne Hurlburt From: Marilyn Hogle [marilyn@twinpinefarm.com] Sent: Sunday, December 03, 2006 10:09 PM To: Anne Hurlburt Subject: Hogle property in Scandia Anne Hurlburt - Two years ago we (Don and Marilyn Hogle) made plans to split our property into 2 pieces. One piece (55 acres with our home on it) and the other (20 acres with our greenhouses on it). We hired surveyors to accomplish this split and it was duly registered with Washington County. The Township of New Scandia insisted that we agree to building a home on the 20 acres and we were given 2 years to accomplish this. We signed a Development Agreement on December 7, 2004 that would give the township the right to demolish our greenhouses if this house was not built within this time period. Things did not happen the way we had hoped and planned. As of December 1, 2006 the property in question was rejoined into one piece 74+ acres in size. I have the papers proving that this was done. I will be in your office on Monday, December 4 to retrieve the Development Agreement that we signed and I would appreciate it if you would have said Agreement ready for me. Thank you. Marilyn Hogle If you have any questions about this, please call me or our son, Gary at 651-433-3362. 12/4/2006 ashin ton /�1�strrt� County LAND RECORDS 14949 62ND STREET NORTH *PO BOX 6* STILLWATER,MN 55082-0006 FAX:430-6178 * PHONE:430-6170 Combining Real Estate Parcels into One Tax Parcel: Under MN Statutes, owners of contiguous property, which has exactly the same owners listed for the property and meets certain other conditions, may combine the parcels into one tax statement. To be combined, the following conditions must be met: The parcels must have exactly the same (identical) ownership. Parcels may only be combined with contiguous (bordering) parcels in the same ownership. Application will not be processed until all current year taxes are paid in full. All parcels must be taxed the same (city, township, TIF, EDA, Green Acres, etc.) All Special Assessments should be paid on all parcels or the city/town would need to recertify those special assessments for the new parcels. CAUTION Parcels that have been combined cannot be divided again without local municipality approval. If location is in a township,Washington County Land Management Office must also approve. Combined property tax will be reflected on the next year's statement Owner (Applicant) Name: Y174 aid/7/ /'/p/� �� Y "et Address: 2/ -) i2Q // Phone Number: Zs f- Y".3?— Y b 2 Parcels to be combine --Agt-ie l ', 6 3 a. o. 13 00 0 2- 6(C., :nb4 J7 o3a. ao. i3. 0663 /7. o 3a. a(.)_ /4, oo/o Signature: < �c�e4�- . Date: Y " Washington County does not discriminae on the basis of race,color,national origin,sex,religion,age,and handicapped status in employment or the provision of services. ._, \( j v R21W YOU ARE HERE 50 It / Z2' N T32S T32N 1 ,,,ppp---''' 6 gip �s / ` 1 T31N� r f T31N T30N f-p , T30N 1.) �' Si / T29N 1 4 p=-to T29N 1 L z-�4 j T28N � F T28N 4 IC ' T27N,i e , T27N 4& •q% ^ _y R22W R2IW R20W Vicinity Map L. 17.032.20.14.0002 �, 74.62 ACRES M/L N // / //7 V. ..°. 4/e. rc/ ,,4':'s%__ . / / .;. $ // 0 480 r / Scale in Feet V. i s 4 z 4 - >o. 4e yy, � K4 aF qq s 4 "qi n:e m.wy k dw r.ab..eomp... end repmA¢don el lend wards es they epees herein eew�loaeoarcy amaa. WrI dr...siwuldbaused toenlyts not respoie:ibk M any Mmwewep. Location Map . P„ Seuewon.,dd,,W eN,Spsing,ypkn County Soneyors ance. g Parts dale baud on AS.Inrormetlon ml ed N trnter 9 N,6 - Mep pr'edN:November 29,AW ra= TOWN OF NEW SCANDIA 14727 209th St. North, P.O. Box 128 Scandia, Minnesota 55073 November 29, 2006 (651) 433-2274 Dear Mayor and City Council Candidates: Congratulations on your decision to run for positions on the first City Council for Scandia! Your willingness to serve your community is admirable. In order to help you familiarize yourself with current issues before the Township, many of which will carry over to the new City Council, you will be receiving the same agendas and information packets that are prepared for the Town Board for the following meetings: Tuesday, December 5, 2006 7:00 p.m. Town Board and Planning Commission Wednesday, December 13, 2006 7:00 p.m. Town Board Workshop Meeting re: Filling Maintenance Worker Position and Other Personnel Issues The last meeting of the Town Board will be at 7:30 p.m. on Tuesday, December 19, 2006. The first meeting of the new City Council is scheduled for 7:00 p.m. on Tuesday, January 2, 2007. A joint meeting of the Planning Commission and City Council is scheduled for 7:00 p.m. on Tuesday, January 9, 2007. Meeting schedules thereafter will be determined by the Council. If you have any questions about these materials, or there is any additional information you need, please do not hesitate to contact me or Deputy Clerk Brenda Eklund. We can be reached at 651 433-2274 during office hours. My cell phone number is 651 746-4080 and home is 651 433-1485. My e-mail address is annehurlburt a,frontiernet.net. We look forward to working with the new Mayor and Council as New Scandia Township makes the transition to the City of Scandia. Sincerely, ,&//bt/t � Anne Hurlburt Administrator ji TOWN OF NEW SCANDIA 14727 209th St. North, P.O. Box 128 Scandia, Minnesota 55073 (651) 433-2274 November 29, 2006 Dear Mayor and City Council Candidates: Congratulations on your decision to run for positions on the first City Council for Scandia! Your willingness to serve your community is admirable. In order to help you familiarize yourself with current issues before the Township, many of which will carry over to the new City Council, you will be receiving the same agendas and information packets that are prepared for the Town Board for the following meetings: Tuesday, December 5, 2006 7:00 p.m. Town Board and Planning Commission Wednesday, December 13, 2006 7:00 p.m. Town Board Workshop Meeting re: Filling Maintenance Worker Position and Other Personnel Issues The last meeting of the Town Board will be at 7:30 p.m. on Tuesday, December 19, 2006. The first meeting of the new City Council is scheduled for 7:00 p.m. on Tuesday, January 2, 2007. A joint meeting of the Planning Commission and City Council is scheduled for 7:00 p.m. on Tuesday, January 9, 2007. Meeting schedules thereafter will be determined by the Council. If you have any questions about these materials, or there is any additional information you need,please do not hesitate to contact me or Deputy Clerk Brenda Eklund. We can be reached at 651 433-2274 during office hours. My cell phone number is 651 746-4080 and home is 651 433-1485. My e-mail address is annehurlburt@frontiernet.net. We look forward to working with the new Mayor and Council as New Scandia Township makes the transition to the City of Scandia. Sincerely, Anne Hurlburt Administrator