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03-06-2007 Meeting & PC
5 a) 3 March 6, 2007 Scandia City Council met on the above date. Mayor Dennis Seefeldt called the meeting to order at 7:00 p.m. The following councilmembers were present: Councilmembers Pete Crum, Dolores Peterson, Mayor Dennis Seefeldt. Absent: Councilmembers Michael Harnetty and Donnette Yehle. Staff present: Administrator Anne Hurlburt, City Attorney Dave Hebert, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund. APPROVAL OF AGENDA Mayor Seefeldt added an addition to the agenda regarding the development known as Tii Gavo. Dolores Peterson made a motion to approve the agenda as amended. Pete Crum seconded the motion and motion adopted unanimously. ORDINANCE 100—ADOPTING LAWFUL GAMBLING REGULATIONS FOR THE CITY OF SCANDIA At the February 20, 2007 council meeting, a representative of the Scandia Marine Lions expressed a concern regarding language in Section 10(J) of the draft ordinance. City Attorney Hebert recommended a change in the language of this section and the revised draft ordinance was reviewed. Dolores Peterson made a motion to adopt Ordinance 100 Adopting Lawful Gambling Regulations for the City of Scandia. Pete Crum seconded the motion and motion adopted unanimously. SCANDIA WOMEN'S SOFTBALL—GAMBLING PERMIT APPLICATION The Scandia Women's Softball has applied for an Excluded Lawful Gambling Permit to conduct Ham Bingo on March 23, 2007 and Turkey Bingo on November 16, 2007 at the Scandia Community Center. Pete Crum made a motion to approve the Scandia Women's Softball application for an Excluded Gambling Permit for events on March 23, 2007 and November 16, 2007. Dolores Peterson seconded the motion and motion adopted unanimously. RESOLUTION 03-06-07-01 CALLING FOR HEARING ON STREET VACATION At the February 20, 2007 meeting, the Park and Recreation Committee presented a report concerning improvements to Old Lions Park. They recommended that the City consider vacating street right-of-ways within the park boundary. City Attorney Hebert prepared a resolution calling for a public hearing to vacate parts of 3rd Street and 1st Avenue. Dennis Seefeldt made a motion to adopt Resolution 03-06-07-01 Calling for Public Hearing to Consider Street Vacation within the Lions Park Boundary. Dolores Peterson seconded the motion and motion adopted unanimously. A public hearing will be scheduled for April 3, 2007. INSURANCE PLANS The Human Resources Committee (Councilmembers Peterson and Crum) worked with Administrator Hurlburt and agent Barry Sutherland (Health Insurance Mart, Scandia) to develop a recommendation for an employee health insurance plan. Councilmember Crum reported that offering health care coverage to employees is a standard practice and that he was impressed with Scandia City Council March 6, 2007 Page 2 the quote from Appletree. Councilmember Peterson also stated that she felt the Appletree plan provided a fair quote and was lower than anticipated. The Committee recommends approving coverage through Blue Cross Blue Shield Plan #176 paired with a health savings account. This plan is available only to members of the Southwest/West Central Service Cooperative, administered by the Appletree Institute. New employees will be given a sixty-day waiting period prior to being added to the health care coverage plan. Pete Crum made a motion to adopt Resolution 03-06-07-02 Establishing Policies for Employee Health Insurance Benefits. Dennis Seefeldt seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to adopt Resolution 03-06-07-03 Approving a Health Insurance Plan and Accepting the Offer of Coverage from Blue Cross Blue Shield. Pete Crum seconded the motion and motion adopted unanimously. Pete Crum made a motion to approve the Joint Powers Agreement with the Southwest/West Central Service Cooperative for Group Employee Benefits. Dennis Seefeldt seconded the motion and motion adopted unanimously. Dolores Peterson made a motion to designate Administrator Anne Hurlburt as the City's representative to the Southwest/West Central Service Cooperative. Pete Crum seconded the motion and motion adopted unanimously. ADDITION TO AGENDA As the developers of the plat known as Tii Gavo are pulling together the necessary items to present the final plat, Mayor Seefeldt has asked that a sub-committee be appointed to meet with the developers to negotiate park fees. Mayor Seefeldt, Councilmember Peterson and Administrator Hurlburt will meet with the developer to make recommendations in regards to park fees prior to their final plat submission. The Planning Commission meeting was called to order at 7:30 p.m. The following members were present: Vice-Chairman James Malmquist, Peter Schwarz and newly appointed member Christine Maefsky. Kevin Nickelson joined the meeting at 8:30 p.m. Absent: Chairman Chris Ness. WILLOWBROOK CHURCH : TEXT AMENDMENT TO SHORELAND REGULATIONS Pastor Brad Reis stated the request of Willowbrook Church to amend the development code to allow places of worship in the Shoreland Overlay District. Planner Berry Farrington presented her findings and recommendations, which indicated any adverse impacts, could be addressed through conditions established in a Conditional Use Permit. However, the Planner questioned as to whether no adverse impact is reason enough to amend the ordinance and perhaps a public benefit should be identified to support a change in the Shoreland regulations. The Planning Commission tabled the hearing; to be continued April 3, 2007. Pastor Brad Reis agreed to a sixty-day extension. Scandia City Council March 6, 2007 Page 3 WHITE ROCK RANCH, LLC : PRELIMINARY PLAT Mr. Mark Youngdahl presented the request to divide 105 acres, with 25.6 acres in Scandia, into 14 residential lots, with the original homestead remaining on Lot 3, Block 2. There would be three new homes and the existing farmhouse in Scandia, but no new roads in Scandia. There would be some wetland impacts on Lots 5 and 6 with mitigation on Lot 4. Preliminary Plat approval has been received from the Forest Lake Planning Commission and City Council. Planner Farrington presented her findings and recommendation for approval with conditions. Mayor Seefeldt stressed the priority that White Rock Lake has been given the past years in regards to water quality improvement. The town has viewed this area as a very sensitive piece of property and has taken many steps to minimize degradation. Mayor Seefeldt would like the developer to consider addressing the concerns of water quality protection through restrictive covenants. These could include excluding farm animals from the lots along the lake (Block 2), and filling or berming the ditches on the southeast portion of the property to reduce run-off into the lake. Mr. Youngdahl felt that these were reasonable requests and would address them at the next presentation. Mayor Seefeldt would also like the landscaping plan to show screening on the lake lots. Planning Commission recommended to the City Council that they adopt the draft resolution submitted with the staff report to approve the preliminary plat of White Rock Ranch dated February 12, 2007, with the conditions and findings as drafted, with the following changes: Add Condition 12 "That the Covenants state that owners of Shoreland lots apply best management practices as recommended by the watershed district", and Condition 13 "That two existing barns would be removed from Lot 3 to meet accessory structure standards." Dolores Peterson made a motion to table a decision on the preliminary plat of White Rock Lake until a full council is present. Pete Crum seconded the motion and motion adopted unanimously. The applicant was advised to submit the requested materials on the livestock issue, ditch engineering, and a revised landscape plan to provide for screening on the lake lots. ORDINANCE 102 -- AMENDMENT TO DEVELOPMENT CODE REGARDING SAFETY REQUIREMENTS FOR SWIMMING POOLS Planning Commission recommended to the City Council to amend Chapter 2, Section 10.31 (2) (I) of the Development Code regarding safety requirements for swimming pools to state, "A structure or safety fence of a non-climbable type at least four (4) feet in height, with a self-closing and latching gate shall completely enclose the pool, but shall not be located within any required yard areas. " Christine Maefsky seconded the motion and the motion passed unanimously. Pete Crum made a motion to accept the recommendation of the Planning Commission to adopt Ordinance 102 Amending Chapter 2, Section 10.31(2)(I) of the Development Code Scandia City Council March 6, 2007 Page 4 Regarding Safety Requirements for Swimming Pools. Dolores Peterson seconded the motion and motion adopted unanimously. JON RODGERS —VARIANCE The public hearing for a variance from setback requirements to construct a new septic system for an existing home located at 23409 Lofton for applicant Jon Rodgers was held December 5, 2006. The matter was tabled to the January 23 meeting and then to the March 6, 2007 meeting in order to obtain more information. Planning Commission recommended to the City Council that they adopt the draft resolution to approve application of Jon Rodgers for variance from sewage treatment system setbacks with the findings as drafted and the following changes to conditions: Condition 1 ends at "November 10, 2006," as the 33.5 foot setback from OHW has been verified. Condition 4 ends at "future variance requests." Add Condition 8 to state "That the sewage disposal system is protected from outside storage or vehicle traffic, with either a fence or posts surrounding the system." Dolores Peterson made a motion to accept the recommendations of the Planning Commission to approve Resolution 03-06-07-04 Approving Application of Jon Rodgers for Variance from Sewage System Setbacks as amended. Pete Crum seconded the motion and motion adopted unanimously. ADDITION TO AGENDA Letters from both the planner and attorney were addressed regarding the final plat submission for the plat known as Tii Gavo. The letters indicated that the submission was not complete and that the final plat shows significant changes to what was approved with the preliminary plat. Attorney Hebert advised to allow the developers to address the concerns and wait for their response. Dolores Peterson made a motion to adjourn the meeting. Pete Crum seconded the motion and meeting adjourned at 9:50 p.m. Respectfully submitted, Brenda Eklund City of Scandia Deputy Clerk CITY OF SCANDIA CITY COUNCIL AGENDA March 6, 2007 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. General Business a) Ordinance Adopting Lawful Gambling Regulations for the City of Scandia (Ordinance No. 100) b) Application for Excluded or Exempt Lawful Gambling Permit, Scandia Women's Softball c) Adopt Resolution Calling for Public Hearing to Consider Vacating Streets in"Old Lions Park" (Resolution 03-06-07-01) d) Insurance Plans 1) Resolution Establishing Policies for Employee Health Insurance Benefits(Resolution 03-06-07-02) 2) Resolution Approving a Health Insurance Plan and Accepting the offer of Coverage from Blue Cross Blue Shield (Resolution 03-06-07-03) 3) Approval of Joint Powers Agreement with the Southwest/West Central Service Cooperative for Group Employee Benefits 4) Designate the Administrator as the City's Representative to the Southwest/West Central Service Cooperative 5. Recommendations from the Planning Commission a) Willowbrook Church. Text Amendment to Shoreland Regulations to Allow Places of Worship in the Shoreland Overlay District (Ordinance No.: 101) (File No. 2007006) b) White Rock Ranch, LLC, Mark Youngdahl. Preliminary Plat for White Rock Ranch (Resolution 03-06-07-04) (File No. 2007008) c) Amendment to Chapter 2, Section 10.20(2) (I) of the Development Code regarding Safety Requirements for Swimming Pools (Ordinance No.: 102) (File No. 2007007) d) Approval of Planning Commission Chair and Vice Chair for 2007 e) Jon Rodgers. 23409 Lofton Avenue North. Variance for Septic System Design (Resolution 03-06-07-05) 6. Adjournment Meeting Date: 3/6/2007 Agenda Item: 7` • a) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt an ordinance regulating lawful gambling (Ordinance No. 100) Deadline/ Timeline: If the ordinance is not adopted on March 6, the City would not be able to process the Scandia Women's Softball permit application in time for their Ham Bingo event, which is scheduled for March 23, 2007. Background: • The Council reviewed a draft ordinance at its January 16, 2007 meeting, and considered a revised ordinance for adoption at the February 20,meeting. At that meeting, a representative of the Scandia Marine Lions expressed concern about language on page 5 concerning lease arrangements, the last sentence of Section 10 (J) which stated as follows: "The lease shall not provide for rental payments based on a percentage of receipts or profits from lawful gambling." Adoption of the ordinance was postponed to March 6 in order to address their concern. • The City Attorney has recommended that the last sentence of this section be revised as follows: "Lease provisions for rental payments shall be in strict compliance with the requirements of M.S.§ 349.18, as it may be amended from time to time." The revision has been incorporated into the draft ordinance. Recommendation: The Council should review and discuss the ordinance, and after making any additional changes, adopt the ordinance. Attachments/ • Draft ordinance Materials provided: Contact(s): Dave Hebert, City Attorney(464-3397) Prepared by: Anne Hurlburt, Administrator (gambling ordinance adoption) Page 1 of 1 02/28/07 CITY OF SCANDIA ORDINANCE NO.: 100 AN ORDINANCE ADOPTING LAWFUL GAMBLING REGULATIONS FOR THE CITY OF SCANDIA The City Council of the City of Scandia,Washington County, Minnesota hereby ordains: The City Council of the City of Scandia hereby adopts lawful gambling regulations for the City of Scandia as follows: Section 1. Purpose Section 2. Adoption of State Law By Reference Section 3. City May be More Restrictive Than State Law Section 4. Definitions Section 5. Applicability Section 6. Lawful Gambling Permitted Section 7. Authorized Organizations Section 8. Qualifications Section 9. Location Criteria for Premises Permits and Bingo Hall License Section 10. Application and Local Approval of Premises Permits Section 11. Local Permits, Excluded or Exempted Gambling Section 12. License and Permit Display Section 13. Notification of Material Changes to Application Section 14. Designated Trade Area Section 15. Records and Reporting Section 16. Hours of Operation Section 17. Severability Section 20. Penalty SECTION 1. PURPOSE. The purpose of this Ordinance is to regulate lawful gambling within the City,to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. SECTION 2. ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. §349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling, are hereby adopted by reference and are made a part of this Ordinance as if set out in full. It is the intention of the Council that all future amendments of Draft,2/28/2007 1 M.S.§349 are hereby adopted by reference as if they had been in existence at the time this chapter was adopted. SECTION 3. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this Ordinance, additional restrictions on gambling within its limits beyond those contained in M. S. §349, as it may be amended from time to time. SECTION 4. DEFINITIONS. In addition to the definitions contained in M.S.§349.12, as it may be amended from time to time,the following terms are defined for purposes of this Ordinance: BOARD. The State of Minnesota Gambling Control Board. LICENSED ORGANIZATION An organization licensed by the Board. LOCAL PERMIT. A permit issued by the City. TRADE AREA. This City, each City and Township contiguous to this City and any additional area situated within the boundaries of Independent School District No. 831. SECTION 5. APPLICABILITY. This Ordinance shall be construed to regulate all forms of lawful gambling within the City. SECTION 6. LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the City if the Council, by resolution adopted by a majority of its members, authorizes lawful gambling to occur, provided it is conducted in accordance with M.S. §§609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. §§ 349.11 to 349.23, inclusive, as they may be amended from time to time, and this Ordinance. SECTION 7. AUTHORIZED ORGANIZATIONS. An organization shall not be eligible to conduct lawful gambling in the City unless it meets the qualifications in Minnesota Statutes 349.16, Subd. 2, and also meets at least one of the following conditions: (A) The organization has at least fifteen (15) members that are residents of the City; or Draft,2/28/2007 2 (B) The physical site for the organization's headquarters or the registered business office of the organization is located within the City or a municipality contiguous to the City and has been located within the City or a municipality contiguous to the City for at least two (2) years immediately preceding application for a license; or (C) The organization owns real property within the City and the lawful gambling is conducted on the property owned by the organization within the City; or (D) The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City or an adjacent city and has been located within the City or adjacent city for at least two (2) years immediately preceding application for a license. (E) The organization is a fire relief organization that provides fire protection services to the City. SECTION 8. QUALIFICATIONS. The City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant: (A) Which has an officer, director, or other person in a supervisory or management position, who: (1) has ever been convicted of a felony; (2) has ever been convicted of a crime involving gambling; (3) is not of good moral character and repute; (4) has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or(iii)making terroristic threats; or (B) Which owes or which has an officer, director, or other person in a supervisory or management position, who owes delinquent local, state or federal taxes, or is delinquent on any other City bill. SECTION 9. LOCATION CRITERIA FOR PREMISES PERMITS AND BINGO HALL LICENSES. All organizations applying for a premises permit or bingo hall license must meet criteria set forth herein relating to location of lawful gambling activities. (A) An organization may conduct lawful gambling only on premises it owns or leases, except as authorized by Minnesota Statutes §349.18. Draft,2/28/2007 3 (B) Lawful gambling in the City may be conducted only in the licensed organization's hall where it has its regular meetings or in a licensed on-sale liquor, wine and beer establishment. (C) No location shall be approved unless it complies with the applicable zoning, building, fire and health codes of the City and other regulations contained in this Ordinance. SECTION 10. APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. (A) Each organization licensed to conduct lawful gambling in the City shall complete the City's investigation form, submit copies of all state gambling application forms, all records and reports required to be filed with the State Gambling Control Board pursuant to Minnesota Statutes §349, and the rules and regulations promulgated thereunder, and submit any additional information required by the City. (B) Any organization seeking to obtain a premises permit or bingo hall license or renewal of a premises permit or bingo hall license from the Board shall file with the City Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. (C) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the City Clerk shall transmit the application to the City Peace Officer for review and recommendation. (D) The City Peace Officer shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the City. (E) Organizations or bingo halls applying for a state-issued premises permit or bingo hall license shall pay the City a $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. (F) The applicant shall be notified in writing of the date on which the Council will consider the recommendation. (G) The Council shall receive the City Peace Officer's report and consider the application within 45 days of the date the application was submitted to the City Clerk. (H) The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. (I) The Council may disapprove an application for issuance or renewal of a premises permit for any of the following reasons: Draft,2/28/2007 4 (1) Violation by the gambling organization of any state statute, state rule or City ordinance relating to gambling within the last three years. (2) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule or City ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. (3) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (4) More than one licensed organization would be permitted to conduct lawful gambling activities at one premises. (5) Failure of the applicant to pay any investigation fee provided by subdivision(E) of this section within the prescribed time limit. (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. (J) Any organization leasing premises for the conduct of lawful gambling shall,upon request of the City, file with the City a copy of the lease within one (1) week after execution of the lease. Lease provisions for rental payments shall be in strict compliance with the requirements of M.S.§ 349.18, as it may be amended from time to time. SECTION 11. LOCAL PERMITS, EXCLUDED OR EXEMPTED GAMBLING. (A) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349,166, as it may be amended from time to time, without a valid local permit. (B) Applications for issuance or renewal of a local permit shall be on a form prescribed by the City. The application shall contain the following information: (1) Name and address of the organization requesting the permit. (2) Name and address of the officers and persons accounting for receipts, expenses, and profits for the event. (3) Date of gambling occasion for which permit is requested. (4) Address of premises where event will occur. Draft,2/28/2007 5 (5) Copy of rental or leasing arrangement, if any, connected with the event, including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (C) The fee for a local permit shall be $15.00. The fee shall be submitted with the application for a local permit. (D) The applicant shall be notified in writing of the date on which the Council will consider the issuance of the local permit. (E) The Council may disapprove an application for issuance or renewal of a local permit for any of the following reasons: (1) Violation by the organization of any state statute, state rule or City ordinance relating to gambling within the last three years. (2) Violation by the establishment leasing its premises for gambling of any state statute, state rule or City ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. (3) The organization has not been in existence in the City for at least three consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) More than one licensed, qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises. (6) Failure of the applicant to pay permit fee provided by subdivision (C) of this section within the prescribed time limit. (7) Operation of gambling at the site would be detrimental to the health, safety, and welfare of the community. (F) Local permits shall be valid for only the occasion or occasions they are issued. SECTION 12. LICENSE AND PERMIT DISPLAY. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. Draft,2/28/2007 6 SECTION 13. NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state-issued premises permit or a local permit shall notify the City in writing whenever any material change in the information submitted in the application occurs within ten days of the change. SECTION 14. DESIGNATED TRADE AREA. (A) Each organization licensed to conduct gambling within the City shall expend 75% of its lawful purpose expenditures on lawful purposes conducted within the City's trade area. (B) This section applies only to lawful purpose expenditures derived from gambling conducted at a premises within the City's jurisdiction. SECTION 15. RECORDS AND REPORTING. (A) Organizations conducting lawful gambling shall file with the City Clerk one copy of all records and reports required to be filed with the Board,pursuant to M.S. Ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (B) Organizations licensed by the Board shall file a report with the City proving compliance with the trade area spending requirements imposed by §14 of this Ordinance. Such report shall be made on a form prescribed by the City and shall be submitted annually and in advance of application for renewal. SECTION 16. HOURS OF OPERATION. Neither lawful gambling nor exempt or excluded gambling shall be conducted between 1:00 a.m. and 8:00 a.m. on any day of the week. SECTION 17. SEVERABILITY. If any provision of this Ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 20. PENALTY. Any person who violates: (A) Any provision of this Ordinance; (B) M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or Draft,2/28/2007 7 (C) M.S. §§ 349.11 to 349.21, as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time; shall be guilty of a misdemeanor. A local permit may be revoked or temporarily suspended for a violation by the gambling organization of any state statute, state rule or City ordinance relating to gambling. Additionally, a violation of this Ordinance may result in a recommendation by the City to disapprove or not renew a license or premises permit. The City may also revoke a premises permit for any violation of this Ordinance which is not corrected within 10 days of notice of such violation from the City. A license shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted organization. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted organization may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted organization requests a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. Nothing in this Ordinance shall be construed to require the City to undertake any responsibility for enforcing compliance with Minnesota Statutes § 349 other than those provisions related to the issuance of premises permits as required in M.S. §§ 349.213 as it may be amended from time to time. Passed and adopted by the City Council of the City of Scandia this 20th day of February, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator Draft,2/28/2007 8 Meeting Date: 3/6/2007 Agenda Item: LA 6) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Consider application of Scandia Women's Softball for an Excluded or Exempt Lawful Gambling Permit to conduct Ham Bingo and Turkey Bingo at the Scandia Community Center Deadline/ Timeline: Ham Bingo is scheduled for March 23, 2007, Turkey Bingo on November 16, 2007. Background: • The Gambling Ordinance(No. 100)will before the Council for adoption at its March 6, 2007 meeting. The ordinance(Section 11)will require a local permit to conduct lawful gambling excluded or exempted from state licensure requirements. • The softball association's state Application to Conduct Excluded Bingo requires approval by the city. Up to four events in a calendar year may be covered in a single application. • Prizes given will be 50-$10 hams (March) and 50-$10 turkeys (November) • This event has been conducted in past years by this organization at this location, with no incident or complaint. • The organization and the event appear to meet all the requirements of the city's ordinance. Recommendation: I recommend that the Council approve the permit. Attachments/ • Applications Materials provided: Contact(s): Linda Capra, Scandia Women's Softball 651 464-0659 Prepared by: Anne Hurlburt, Administrator (gambling permit womens softball bingo) Page 1 of 1 02/28/07 APPLICATION FOR EXCLUDED OR EXEMPT LAWFUL GAMBLING PERMIT Fee: $15.00 City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://www.ci.scandia.mn.us This application form is for use to request City approval of a local permit for lawful gambling required to be registered with the Minnesota Gambling Control Board. In addition to this form, applicants shall submit to the City the original, signed and completed application to the Gambling Control Board (forms LG220, Application for Exempt Permit, or LG 240B, Application to Conduct Excluded Bingo)with copies of all required attachments. 1. Name and address of organization: 00.-NcSA ck, \N\cwv‘./L),(Ns 2. Name and address of premises where event will occur: (a copy of the rental or leasing arrangement, if any, including rental to be charged to the organization must be attached to this application.) C4,.Ir\CV cam, UNCTNNCY,%.-,.ri,/t-n 3. Date(s) of gambling occasion: M u Ch Hof I\o 0 e I(k, 206'1 4. Estimated value of prizes to be awarded: 5 0 � b � S � � ) C) ( 0 k& v c C ) 5. Names and addresses of officers and persons accounting for receipts, expenses and profits for the event: Name: LAr,, ,`, Phone: (6I-4--tke-t-b(° 9 Street Address: 2111p O Ts E Art- E-Mail: .oe1.c►.c,o► .-c.""`YA c7 'fie City/ State: V.0 �' (�A N\43 Zip: 55562,5 Name: t\v),. 'e, �tel Phone: .4,133- 331 Street Address: E-Mail: City/ State: \,k. CN:c \nQ, M,N Zip: S5QL 1 Name: Phone: Street Address: E-Mail: City/ State: Zip: ACKNOWLEDGEMENTS: I hereby acknowledge and certify that the organization and the activity for which this application applies will be conducted in accordance with the all regulations and requirements of Minnesota Statutes and the rules of the Minnesota Gambling Control Board, and the City of Scandia, including: a) The organization is a non-profit organization with non-profit status from the IRS or the Minnesota Secretary of State. b) The organization has been in existence in the City of Scandia for at least three consecutive years prior to the date of this application. c) The organization has at least 15 active members. d) This is the only organization conducting exempted or excluded lawful gambling activities on the premises. e) This permit is valid only for the occasion(s) for which it is issued. 6. Applicant Signature(s) I Date: Upon receipt of this application you will be notified in writing of the date on which the City Council will consider the permit. The City Council meets on the first and third Tuesday of each month. Applications must be received not less than 5 days prior to the meeting date. No application will be considered complete until the fee has been paid. After Council action, the City Clerk will sign and return form LG220 or LG240B to you. For City Use Only Application Fee Received — 7 City Council Consideration (Date) 3 ` C> 2 Approved Denied City of Scandia, Application for Excluded or Exempt Lawful Gambling Permit Page 2, 1/22/2007 Minnesota Lawful Gambling Page 1 of 2 LG240B Application to Conduct Excluded Bingo (No fee) 5/06 Excluded bingo may be conducted by an organization that conducts bingo on 4 or fewer days in a calendar year,or in connection with a county fair,the state fair,or a civic celebration if it is conducted on 12 or fewer consecutive days in a calendar year.If your organization has been licensed or exempted in the current calendar year,you are not eligible to apply for excluded bingo. Organization Information Organization legal name ` Previous license or permit number,if any Street City State Zip code County Type of nonprofit organization (check one): Fraternal Religious ID Veterans *rOther nonprofit organization Type of proof of nonprofit-attach a copy(see instructions) Nonprofit Articles of Incorporation or Certificate of Good Standing-Minnesota Secretary of State's Office EI Internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No Yes If yes, list the dates that bingo was conducted The bingo will be conducted on four or fewer days in this calendaryear. Date(s) of bingo event(s) O - z G -7 I f (c - C>`] -OR- 0 The bingo event will be conducted(up to 12 consecutive days)in connection with a: County Fair Date(s)of bingo event State Fair Date(s)of bingo event Civic Celebration - Date(s) of bingo event A civic celebration is defined as an event conducted in Minnesota that is sponsored by a local unit of government having jurisdiction over the event. , - Name of person in charge of the bingo event'/ L t it vs Cyr C= t� 1 C K,� C Daytime phone � ' ``�Sf`"�`( Bingo equipment(hard cards,bingo paper,and bingo ball selection device)must be purchased from a distributor licensed by the Gambling Control Board.To find a licensed distributor,go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. Premises Where Excluded Bingo Will Be Conducted Name of premises \\ C�l C�C"l 01 (`, C ►l\ ,`tip c> > Y�1\ � r\\ t� Street address City or township Zip code County C';� �� CA SC t. Y : ,� t om,015 ck_ Page 2 of 2 LG240B Application to Conduct Excluded Bingo 5/06 Organization name �� 6.% \p ► �'� �A ( �� ��� �i, "4-V4 k1 Chief Executive Officer's Signature The information provided in this a plication is complete and accurate to the best of my knowledge. Signature -1 4.y " Daytime phone number 6u5 90 Name (please print) L moo C`\1v9 �s `" Date C i / 2- / 2 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits,the city must sign this application. On behalf of the city, I hereby approve this SCE `7 cir 1'a application for excluded bingo activity at the premises located within the city's jurisdiction. Print name of city Signature of city personnel receiving application Title Date / / If the gambling premises is located in a township,both the county and township must sign this application. For the township: On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minnesota Statute 349.213, subd. 2). Title Date / / For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's Print name of county jurisdiction. (Signature of county personnel receiving application) Title Date / / Mail application and attachment(s) Send the completed application and a copy of your proof of nonprofit status(see instructions)at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 This form will be made available in alternative format(i.e.large print,Braille) for your authorization will become public. If the Board does not issue you upon request. The information requested on this form (and any an authorization,all the information you have provided in the process of attachments)will be used by the Gambling Control Board (Board)to applying for an authorization remains private,with the exception of your determine your qualifications to be involved in lawful gambling activities in name and your organization's name and address which will remain public. Minnesota.You have the right to refuse to supply the information requested; Private data about you are available only to the following: Board members, however,if you refuse to supply this information,the Board may not be staff of the Board whose work assignment requires that they have access able to determine your qualifications and,as a consequence,may refuse to the information; the Minnesota Department of Public Safety; the to issue you an authorization. If you supply the information requested,the Minnesota Attorney General; the Minnesota Commissioners of Board will be able to process your application. Administration,Finance,and Revenue;the Minnesota Legislative Auditor, Your name and your organization's name and address will be public national and international gambling regulatory agencies;anyone pursuant information when received by the Board.All the other information that you to court order;other individuals and agencies that are specifically authorized provide will be private data about you until the Board issues your by state or federal law to have access to the information;individuals and authorization. When the Board issues your authorization, all of the agencies for which law or legal order authorizes a new use or sharing of information that you have provided to the Board in the process of applying information after this Notice was given;and anyone with your consent. Meeting Date: 3/6/2007, Agenda Item: z/ City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Adopt Resolution Calling for Public Hearing to Consider Vacating Streets in"Old Lions Park" (Resolution 03-06-07-01) Deadline/ Timeline: The hearing would be held on April 3, 2007 Background: • At the February 20, 2007 meeting, the Council received a report from the Park and Recreation Committee concerning improvements to Old Lions Park. They recommended that the City consider vacating street rights-of-ways within the park boundary; specifically, parts of 3rd Street and 2nd Avenue. • The Council directed the City Attorney to prepare a resolution calling for the public hearing required prior to a decision on vacating the right-of way. Recommendation: I recommend that the Council adopt the resolution calling for the hearing. Attachments/ • Draft Resolution Materials provided: • Map Contact(s): David Hebert, City Attorney (651) 464-3397 Prepared by: Anne Hurlburt, Administrator (set hearing to vacate row) Page 1 of 1 02/28/07 CITY OF SCANDIA RESOLUTION NO. 3-06-07-01 A RESOLUTION CALLING HEARING ON STREET VACATION WHEREAS, the City Council of the City of Scandia, Washington County, Minnesota, has determined to vacate parts of 3rd Street and 1st Avenue in the City of Scandia, Washington County, Minnesota, to-wit: All that part of 3`d Street in the plat of Scandia lying between the northeasterly line of 1st Avenue and the southerly line of State Trunk Highway 97 and All that part of 1st Avenue in the plat of Scandia lying easterly of Washington County Highway Right-of-Way Plat No. 100 and westerly of the center line of 3`d Street in the Plat of Scandia extended southerly to the southwesterly line of said 1st Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scandia, Washington County, Minnesota: 1. The City Council will consider the vacation of such streets and a public hearing shall be held on such proposed vacation on the 3rd day of April, 2007, before the City Council in the Scandia Community Center at 14727 209th Street North, Scandia, Minnesota at 7:00 o'clock p.m. and the Clerk shall give two weeks mailed,published and posted notice as required by law. PASSED AND ADOPTED BY CITY COUNCIL OF THE CITY OF SCANDIA this 6th day of March, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator 69 t 3 7 3 ) 3 11, �V NDIA TRAIL NORTH a ` — �° — —J — — — — — J� — — R Lor3 (000 x //r6 ,` e . e g 12 0007 Do, 4-03 -20-42-000` — — �w '�j APPARENT Cr 1145) 0044 Y1 0323I-06H-032-20-S4-OOM I I 7(0(�®9 4 R U r , I'1 (0001 \ L a ie I i aR 1. 9i > --y - 14I 13 I 1x 11 I 10 I 9 I> g I_15 14 13 00 1 w (D�7) (0� g. e ti .J , 25 ( ) YVACATED TOWN ROAD o; i.,l. 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'1U°.P O IICG20i1MT20 I I I An , P r l WASNAGTCNI COUNTY 6 NOT RESPONSIBLE FOR ANY PJACCUSA°IES DEPARTMENT OF TRAN MANAGEMENT PHYSICAL DEVELOPMENT 01 OTO ppTECTEDWAIEPS — _ t. _ �� REPRESENT ACTORS lOCAROVS I.9.952MSI.Nair.PG 0006 — • • — °NNPROTECTEDWATERCOJRSE NORTH It!0322o11A0]ROI130 0I 1k•LUGIAWM -4-1 .. ,,, .. ricrvT ''(`• IMPLANT MOOED:AAr3a D106 2 S6Mabr,Lt'vsaoY S50l2AWRf YMCPAl9GIAARY r r- mII'mnu.o�..tl—_, (65,)09686 PARII806616 n • 5 0' 5) ...WA..NANNNron II IS SCALE:lInch.150 T761 22032202503t2024aaM ` "'4 NOAD01T1011AL CHANGES HAVE BEEN REPORTED TO DATE "",cowas`gt°"m"' L J__1_J CC I' I I ' DATE OF CONTOURS:Ay(NJ0 DATE OF PHOTOGRAPHY ApR 2005 9 r) J Meeting Date: 3/6/2007 Agenda Item: . I City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Approve employee health insurance plans for 2007 by taking the following actions: • Adopt resolution 03-06-07-02 establishing policies for employee health insurance benefits • Adopt resolution 03-06-07-02 approving a health insurance plan and accepting the offer of coverage from Blue Cross Blue Shield (BCBSM)/ Service Cooperative Health Plan#176 for 3/1/07 to 12/31/07 • Pass a motion approving the Joint Powers Agreement with the Southwest/West Central Service Cooperative for Group Employee Benefits • Pass a motion designating the Administrator as the City's representative to the Southwest/West Central Service Cooperative Deadline/ Current rate quotes are good for a policy term beginning March 1, 2007. Timeline: A decision will need to be made not later than the March 6, 2007 Council meeting or new applications will be required. Background: • At the January 20 meeting, the Council appointed the Human Resources Committee(Council members Peterson and Crum) and directed them to work with Administrator Hurlburt to develop a detailed recommendation for an employee health insurance plan for consideration at the March 6 meeting. The Committee met with Hurlburt and agent Barry Sutherland (Health Insurance Mart, Scandia) on Monday, February 26 and is ready to make its recommendations. • The Committee recommends BCBS Plan#176, a major medical plan with an annual deductible ($1,375/yr for individuals, $2,750 for family),paired with a health savings account(HSA) to help pay the deductible. This is the lowest cost plan compared to other quotes received from Medica and HealthPartners, with single coverage priced at $231.50 per month and family coverage priced at $741.50 Page 1 of 4 02/28/07 per month. A description of the plan is attached. • The plan and rates quoted are available only to members of the Southwest/West Central Service Cooperative, administered by Appletree Institute. There is no risk to joining the pool (a joint powers organization)beyond the monthly premium assessed. BCBS initial rates are discounted 3%. Being part of the pool, which has 126 cities, counties and other governmental units and over 6,000 contracts, is also expected to help stabilize future premium increases. • While the premium is lower within the pool, several of the "BluePrint for Health"programs listed in the plan description are offered at an extra, "al la carte"price from BCBS; specifically, an Employee Assistance Program (EAP), prenatal support and a 24- hour nurse advice line. The committee discussed the EAP and found the cost ($500,per plus $1.00 to $1.50 per employee per month) to be too high. However, they do recommend the 24-hour nurse line. Because we are choosing a high-deductible plan,this option is also recommended by our agent,Appletree and BCBS. The cost of the nurse line option would be billed directly to the city by BCBS and is priced at $0.35 per month for single coverage and $1.05 per month for family coverage(a total of$17.50 for 2007.) We did not receive a price for the prenatal support option; whether or not this option is needed could be considered at a later date. • The committee recommends that employees eligible for coverage be defined as full-time employees (regularly scheduled to work 40 hours per week) and part-time employees scheduled to work 30 hours per week or more. Employees would not be allowed to opt- out of coverage,but would be allowed to opt-out of the HSA portion of the benefit. • The cost of coverage would be divided between a full-time employee and the city as follows: Single Family City Share City Share Employee Monthly Premium $231.50(100%) $593.20(80%) $148.30(20%) HSA Contribution $91.70 $100.00 Total $323.20 $693.20 $148.30 • The Committee had recommended that the city contribute $100.00 per month to the HSA for all employees. After our meeting, it was discovered that the maximum monthly employer contribution for employees taking single coverage, based on the IRS rules, will be $91.70 for 2007. • For part-time employees, the Committee recommends that the city pick up the full cost of single coverage,but reduce the contribution to the HSA so that the total city contribution is 75%of the amount paid for a full-time employee. The HSA contribution for a part-time Page 2 of 4 02/28/07 y employee would therefore be $10.90 per month, for a total city contribution to health care of$242.40 per month(75%of 323.20.) If a part-time employee wishes to purchase family insurance coverage, the city would contribute $242.40 per month toward the family coverage premium. • The total budget impact of providing the recommended health care coverage for 2007 to existing employees is $12,605.50. There should be sufficient funds on the budget to cover the expense. Approximately half would be covered by the Road and Bridge Fund budget, the remainder from the General Fund. Additional costs that might be incurred will depend upon when new employees may be hired and whether they opt for single or family coverage. • The recommendation for the City share of the health care premium was determined after review of 2006 survey data from the Minnesota League of Cities. Data was obtained for 55 cities in the Metro and Central regions of the state with populations ranging from 2,000 to 8,000(average 4,298.) Almost all pay 100%of the premium for single coverage, with the average 2006 contribution being approximately$389 per month. Most pay 80%of the premium for family coverage,with the average 2006 contribution being approximately$758 per month. The surveyed communities in the Metro region appear to contribute 5 to 15%more toward health care than the Central region communities. Scandia will be competing for employees with other communities in both regions. • Little data is available about the type of insurance plans provided by surveyed communities; however,the larger contributions are probably paid by communities offering more"traditional"plans offering minimal co-payments. The trend is to share more of the cost with employees and to offer incentives to conserve health care dollars. When the higher deductible costs are considered, Scandia employees with family coverage would be paying up to about 30% of the cost of their health coverage. • In addition to health insurance,it is also common for area local governments to pay the cost of employee dental insurance (single coverage.) The committee does not recommend offering this or other benefits at this time. • If the plan is approved, staff would also need to set up the health savings accounts (HSAs) for covered employees. Several options will be available and may vary based on their cost of administration (which will be paid by the employee), service and convenience. The resolution approving the plan gives the Administrator the authority to select an HSA and execute any documents required. • Payment for March premiums is due upon signing the contract. Future premiums will be payable in advance; therefore, staff requests that the Council authorize payment of premiums for March and April at the March 6, 2007 meeting. This has also been Page 3 of 4 02/28/07 incorporated into the resolution. Recommendation: I recommend that the Council consider the recommendations of the Human Resources Committee, and then take the actions listed above, subject to any changes in the resolutions that the Council may wish to make. Barry Sutherland will attend the March 6 meeting to help answer any questions you may have. Attachments/ • Draft resolution 03-06-07-02 establishing policies for employee Materials health insurance benefits provided: • Draft resolution 03-06-07-03 approving a health insurance plan and accepting the offer of coverage from BCBS • Joint Powers Agreement with the Southwest/West Central Service Cooperative for Group Employee Benefits • Offer of Coverage • Description of BCBS Health Plan • Background information on Appletree Institute and Southwest/West Central Service Cooperative Contact(s): Barry Sutherland,Health Insurance Mart (651)433-2814 Prepared by: Anne Hurlburt,Administrator (insurance plan approval) Page 4 of 4 02/28/07 CITY OF SCANDIA RESOLUTION NO.: 03-06-07-02 RESOLUTION ESTABLISHING POLICIES FOR EMPLOYEE HEALTH INSURANCE BENEFITS WHEREAS, the Scandia City Council has determined that it is the best interest of the City to provide a health insurance plan to help maintain the health of its current employees and to enable the city to attract and retain a quality workforce; and WHEREAS, it is necessary to establish policies governing the eligibility and participation of employees to participate in a city-sponsored health insurance plan; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does adopt the attached "Policy for Employee Health Insurance Benefits", said policy taking precedence over any other policy that may have been established in the past concerning such benefits. FURTHER BE IT RESOLVED, that for calendar year 2007, the City of Scandia's contribution to the total cost of providing health insurance benefits shall be as follows: City Contribution to City Contribution to Health Insurance Health Savings Account Premiums (Monthly): (Monthly): Full-time Employee(40 hours/week), Family Coverage: $593.20(80%) $100.00 Full-time Employee (40 hours/week), Single Coverage: $231.50 (100%) $91.70 Part-Time Employee(30 to 40 hours/week), Single Coverage $231.50 (100%) $10.90 Part-Time Employee(30 to 40 $248.62 $0.00 hours/week),Family Coverage Adopted by the Scandia City Council this 6th day of March,2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk City of Scandia, Minnesota Policy for Employee Health Insurance Benefits March 6, 2007 1. Eligibility. a. Employees eligible for the City's health insurance plan are only those hired for regular full time positions scheduled to work 40 hours or more per week, or regular part-time positions scheduled to work at least 30 but less than 40 hours per week. b. An employee newly hired in a position eligible for the health insurance plan may participate in the plan beginning on the first day of the month following the 60th day after their date of hire. c. Seasonal, contract,part-time, temporary,paid on call, or volunteer employees are excluded from eligibility except when such groups are expressly included by the provisions of this policy. 2. City Contributions to Premiums a. The City may contribute to the cost of the employee health insurance and/or a health savings account or similar plan in an amount set by City Council resolution for each calendar year. b. To qualify for the City contributions to the cost of health insurance the employee shall authorize payroll deductions as may be required to cover the full cost of any premiums. 3. Health Savings Accounts. The city may contribute to a health savings account or similar plan in an amount set by City Council resolution for each calendar year. Any administrative fees for these accounts shall be paid from the account. 4. Participation. Eligible employees shall not be allowed to opt out of the insurance plan, but may opt out of the health savings account. Employees who opt out shall receive no additional compensation. 5. Employee Resignations. The City shall pay the employer cost of health insurance premiums for the month immediately following the employee's resignation if: a. the employee provides at least two weeks notice, and b. the employee has vacation time on the books sufficient to carry them forward into at least the first working day of the next month following his/her resignation, and c. the employee authorizes in writing the deduction of his/her share of health insurance premiums from his/her last check, and d. the employee authorizes in writing the deduction of the balance of any contribution to a health savings account or flexible benefit amounts from his/her last check. 6. City Discretion. Health insurance benefits are offered at the City's discretion to certain classes of employees. The City reserves the right to unilaterally change, delete, modify or otherwise revise employment benefits, eligibility requirements and administrative procedures at its sole discretion. CITY OF SCANDIA RESOLUTION NO.: 03-06-07-03 RESOLUTION APPROVING A HEALTH INSURANCE PLAN AND ACCEPTING THE OFFER OF COVERAGE FROM BLUE CROSS BLUE SHIELD WHEREAS, the Scandia City Council has determined that it is the best interest of the City to provide a health insurance plan to help maintain the health of its current employees and to enable the city to attract and retain a quality workforce; and WHEREAS, quotes for rates and various coverage plans were received from insurers Blue Cross Blue Shield (BCBS), Medica and HealthPartners; and WHEREAS, the plan offered by BCBS to members of the Southwest/ West Central Service Cooperative for Group Employee Benefits, specifically "Health Plan #176, HDHP 100 Low Ded Plan", with a total monthly premium of $1,204.50 per month ($231.50 for 2 single contracts and $741.50 for 1 family contract) has been determined to be the most cost efficient and appropriate plan; and WHEREAS, the offer of coverage is for the plan year beginning March 1, 2007 and ending December 31, 2007; and WHEREAS, this insurance plan is compatible with Health Savings Accounts (HSAs) as provided for by IRS rules; and WHEREAS, the benefit of a 24-hour nurse line is also available from BCBS at an extra charge of$1.75 per month, and that use of the this feature is particularly useful to encourage the most efficient use of a high-deductible health plan; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does accept the offer of coverage from Blue Cross Blue Shield, and that the Mayor and City Administrator are hereby authorized to execute any and all documents needed to establish the plan. FURTHER BE IT RESOLVED, that the Council authorizes payment of premiums for the months of March and April, 2007; that the Administrator is authorized to select and implement the HSAs contemplated by the plan including depositing funds into said accounts as established by Resolution 03-06-07-02;and that the City purchase at its cost the 24-hour nurse line benefit. Adopted by the Scandia City Council this 6th day of March, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/City Clerk JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK MANAGEMENT SERVICES • February 1 , 2000 • JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK MANAGEMENT SERVICES TABLE OF CONTENTS Page SECTION 1. PURPOSE, INTENT AND OBJECTIVE 1 1.1 Purpose 1.2 Compliance with Applicable Laws SECTION 2. DEFINITIONS 2 2.1 Advisory Committee(s) 2.2 Agreement 2.3 Associate Member 2.4 Board or Joint Powers Governing Board 2.5 CBA 2.6 CBA Employee Benefits 2.7 Discretionary Employee Benefits 2.8 Group Contract 2.9 Group Employee Benefits 2.10 Other Financial and Risk Management Services 2.11 Operating Agreement 2.12 Participant 2.13 Participant Member 2.14 Pool 2.15 Program Funds 2.16 Provider 2.17 SC SECTION 3. JOINT POWERS GOVERNING BOARD 4 3.1 Board Membership 3.2 Upon Dissolution of SC 3.3 Acknowledgment by Associate Members 990902:1424 -1- SECTION 4. RIGHTS AND RESPONSIB[L1TIFS OF THE BOARD 4 4.1 Authorized Powers 4.2 Group Employee Benefits 4.2.1 CBA Employee Benefits 4.2.2 Discretionary Employee Benefits 4.2.3 Reserves 4.2.4 Self-Insurance of Health Benefits 4.3 Other Financial and Risk Management Services 4.4 Operating Agreements 4.5 SC Service Fees 4.6 Service Providers 4.6.1 Selection 4.6.2 , Governmental Unit Bidding and Contracting Laws 4.6.3 Service Provider Rate Increases 4.7 Premiums and/or Contract Charges 4.8 Advisory Committee(s) 4.9 Authority of Board 4.10 Liability Limited 4.11 Withdrawal by Board SECTION 5. RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS 8 5.1 Enrollment and Renewal 5.2 Participants to Furnish Data 5.3 Remittance of Premiums and Contract Charges 5.4 CBA Employee Benefits 5.5 Participant Withdrawal 5.5.1 Voluntary Withdrawal 5.5.2 Withdrawal Relating to Participant Rate Solicitation 5.5.3 Withdrawal Relating to Dual Offering . 5.5.4 Withdrawal at Annual Renewal - 5.6 Effect of Participant Withdrawal 5.6.1 Withdrawal from this Agreement 5.6.2 Withdrawal from a Pool 5.6.3 Program Funds 5.6.4 Future Participation Limited SECTION 6. PROGRAM FUNDS ADMINISTRATION 10 6.1 Program Funds 6.2 General Rules Regarding Management and Disposition of Program Funds 6.3 Investment of Program Funds 990902:1424 -11- 6.4 Withdrawal of Participant 6.5 Termination of Pool 6.6 Funding of Risk SECTION 7. LENGTH OF AGREEMENT AND "TERMINATION 12 SECTION 8. LIABILITY OF PARTIES 12 SECTION 9. AGREEMENT BY PARTICIPATION 12 SIGNATURES 13 ADDENDUM A 14 990902:1424 -iii- JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS AND OTHER FINANCIAL AND RISK MANAGEMENT SERVICES This Joint Powers Agreement, hereinafter referred to as "Agreement," is made between Participant Member '1i v f ,Jed n�1'�'a and other Participant Members as are now or may hereafter become parties to this Agreement, and the Jo (Ai fe y-/a/est Crr,fu,hereinafter called the "SC." 1�•-��� Go�oe�. a vex RECITALS Whereas, Minn. Stat. 471.59, Subds. 1 and 10 authorizes two or more governmental units to exercise jointly or cooperatively powers which they possess in common, and Whereas,Minn. Stat. 123A.21,establishes service cooperatives,the purpose of which among other things, is to assist participating governmental units in meeting certain specific needs which can most advantageously be met on a regional basis, and Whereas, the Participant Members wish to authorize the SC Board of Directors to act as a joint board for the purpose of exercising certain powers as set forth in this Agreement, and Whereas, the Participant Members acknowledge that the Board of Directors of the SC is representative of the parties to this Agreement; NOW THEREFORE, the parties hereto agree as follows: SECTION 1 PURPOSE, INTENT AND OBJECTIVE 1.1 Purpose. Under the provisions of Minnesota law, governmental units may enter into contracts for the purposes of providing Group Employee Benefits for their employees and to obtain Other Financial and Risk Management Services deemed necessary or beneficial for their operation. Under the provisions of Minn. Stat. 471.59, two or more governmental units (including, but not limited to, school districts, counties, towns, other governmental agencies and service cooperatives) may agree to exercise jointly or cooperatively powers which they possess in common. The purpose of this Agreement is to authorize the Board to exercise the common powers of the participating governmental units in connection with certain matters pertaining to the administration and funding of Group Employee Benefits and the provision of Other Financial and Risk Management Services, all as described herein. It is not the purpose of this Agreement to transfer to the Board the authority to execute contracts on behalf of Participants, or to in any manner become involved in any collective bargaining process. 990902:1424 1.2 Compliance with Applicable Laws. It is the parties' intent to comply with the applicable statutory requirements pertaining to requests for proposals for group insurance, self-insurance. COBRA and its Minnesota extensions,service cooperatives,and all other applicable federal and state statutes. Pursuant to the laws governing service cooperatives, it is also intended that nonprofit non-governmental units be allowed to participate as Associate Members in the Group Employee Benefits and Other Financial and Risk Management Services made available pursuant to this Agreement, although it is not intended that such nonprofit, non-governmental units exercise any of the powers or authorities exclusively delegated to governmental units described in Minn Stat.471.59 Subd. 1. SECTION 2 DEFINITIONS 2.1 Advisory Committee(s) means committees appointed by the Board in accordance with Section 4.8 of this Agreement which are representative of the Participants as deemed appropriate by the Board for the purpose of recommending policies, procedures and actions to the Board. 2.2 Agreement means this Joint Powers Agreement as the same may be amended from time to time. This document, and all other documents in the same form executed (or deemed executed as provided in Section 9 of this Agreement)by SC and other Participant Members, all as amended from time to time, shall together constitute a single Agreement. 2.3 Associate Member means any nonprofit or non-governmental entity which participates in any of the Group Employee Benefits or Other Financial and Risk Management Services made available to Associate Members by the Board, and agrees in writing to be bound by the terms of this Agreement other than those terms explicitly applicable only to Participant Members (or is deemed to have so agreed as provided in Section 9 of this Agreement). 2.4 Board or Joint Powers Governing Board means the SC Board of Directors acting as the joint board authorized to exercise certain powers of the Participant Members, as permitted by Minn. Stat. 471.59, Subd. 2 and as set forth in this Agreement. 2.5 CBA means collective bargaining agreement. 2.6 CBA Employee Benefits means employee welfare and retirement benefits made available by the Board from time to time for adoption by a Participant pursuant to the terms of a CBA, and may include, but shall not be limited to health benefits coverage, wellness and employee assistance programs, life insurance, disability income protection, dental insurance, flexible spending programs, retirement programs and long term care insurance. In no event shall any Discretionary Employee Benefits be considered CBA Employee Benefits unless and until they become part of a collective bargaining agreement between a union and a Participant. 990902:1424 -2- 2.7 Discretionary Employee Benefits means employee welfare and retirement benefits made available by the Board from time to time for adoption by a Participant, exclusive of any CBA Employee Benefits, and may include, but shall not be limited to health benefits coverage, wellness and employee assistance programs, life insurance, disability income protection, dental insurance, flexible spending programs, retirement programs and long term care insurance. Discretionary Employee Benefits may be terminated or reduced by the Board at any time. In the event any Discretionary Employee Benefit is terminated by the Board but continued by one or more Participants, the provision of such Discretionary Employee Benefit shall become the sole responsibility of such Participants. 2.8 Group Contract shall mean an agreement for the rendering of services by and between a Participant and a Provider of such services. In connection with the self-insurance of employee health benefits, such an agreement may also mean a Participant's agreement to participate in a program of self-insurance. 2.9 Group Employee Benefits shall mean CBA Employee Benefits and Discretionary Employee Benefits. 2.10 Other Financial and Risk Management Services may include, but shall not be limited to, technical advice regarding borrowing programs, contracted legal services, property/casualty safety group protection, personal property and casualty protection, student accident, coverage, and other services as made available by Group Contract for Participants from time to time by the Board. 2.11 Operating Agreement means an agreement by and between the Board and a Provider which establishes terms for the benefits, administration or funding of Group Employee Benefits or Other Financial and Risk Management Services. 2.12 Participant means both Participant Members and Associate Members. It does not refer to individual employees obtaining insurance or other benefit coverage pursuant to a plan offered by a Participant which is funded or administered in whole or in part pursuant to this Agreement. • 2.13 Participant Member means any governmental unit as defined in Minn. Stat. 471.59 which is accepted for participation in this Agreement by the Board, certifies that its employee benefit plans qualify as "governmental plans" that are exempt from application of the Employee Retirement Income Security Act of 1974, as amended("ERISA"), and agrees in writing to be bound by the terms of this Agreement (or is deemed to have so agreed as provided in Section 9 of this Agreement). 2.14 Pool means the collective group of Participants in a given program of Group Employee Benefits or Other Financial and Risk Management Services, as the context shall require. Absent an agreement expressly to the contrary, a separate Pool shall exist for each such program and a separate Group Contract shall exist between the Provider and each Participant for the rendering of services or benefits for which such Pool is formed. 990902:1424 -3- 2.15 Program Funds means any monies, reserves, excesses or other amounts, whether acquired through contributions, payments, discounts, dividends, refunds, credits, reserves, savings, interest or otherwise, that are held and administered in accordance with Section 6 of this Agreement. 2.16 Provider means the person, insurance carrier, third party administrator, or other entity which is selected by the Board, in its discretion, to provide Participants with Group Employee Benefits or Other Financial and Risk Management Services or, as in the case of self-insured health benefits, to provide administrative or other services in connection with such Benefits or Services. 2.17 SC means the sw/wr. Service Cooperative, a governmental agency and public corporation, whose existence is authorized by Minn. Stat. 123A.21. SECTION 3 JOINT POWERS GOVERNING BOARD 3.1 Board Membership. The SC Board of Directors, when exercising the joint powers authorized by this Agreement, will also serve as the Board referred to in this Agreement. The Board will be elected pursuant to the Bylaws of the SC. As appropriate, the Board may designate one or more representatives to act on its behalf. 3.2 Upon Dissolution of SC. In the event that the SC is dissolved, the Board shall continue to exist and its members shall be elected solely from the governing bodies of the Participant Members to this Agreement in a manner consistent with the provisions of the Joint Powers Act, Minn. Stat. 471.59, Subd.2. Any administrative services provided by the SC prior to its dissolution shall be provided thereafter as determined by the Board in its discretion. 3.3 Acknowledgment by Associate Members. Associate Members acknowledge that Minn. Stat. 471.59 does not authorize their participation in a Joint Powers Agreement, even though Minn. Stat. 123A.21, Subd.3 authorizes nonprofit, non-governmental organizations to participate in Group Employee Benefits, Other Financial and Risk Management Services, and other programs made available from time to time by service cooperatives. By participating in any such program made available by the SC, such non-governmental Associate Members agree to be bound by the terms of this Agreement (other than those terms explicitly applicable only to Participant Members) and that the Board is representative of their interests. • SECTION 4 RIGHTS AND RESPONSIBILITIES OF THE BOARD 4.1 Authorized Powers. Pursuant to Minn. Stat. 471.59, Subd. 2, in addition to any other powers specifically delegated to the Board by this Agreement, the Board is hereby authorized to: 990902:1424 -4- (a) establish, procure and administer Group Employee Benefits and Other Financial and Risk Management Services; (b) define and clarify requests for proposals, rights and responsibilities, length of contract, premium or contribution rates and other costs, termination guidelines, the relative liability of the parties, and the method(s) by which parties to this Agreement shall exercise their common powers; and (c) receive, collect, hold, invest, expend and disburse Program Funds in connection with the exercise of its powers under this Agreement. 4.2 Group Employee Benefits. 4.2.1 CBA Employee Benefits. The Board may from time to time make employee welfare and retirement benefits available for adoption by Participants pursuant to a CBA. The Board may arrange alternative financing arrangements respecting such benefits, and may administer or arrange for the administration of such benefits. Any employee or collective bargaining representative notification of alternative financing arrangements shall be the responsibility of the Participant. The Group Contract for the provision of such benefits shall be between the Participant and the Provider. Pursuant to Minn. Stat. 471.6161, Subd.5, the Board has no authority nor authorization to change a policy or benefit respecting a Participant's CBA Employee Benefits in a manner that would reduce the aggregate value of such benefits. 4.2.2 Discretionary Employee Benefits. The Board may from time to time make available for adoption by Participants Discretionary Employee Benefits. The Board may arrange alternative financing arrangements respecting such benefits, and may administer or arrange for the administration of such benefits. The Group Contract for the provision of such benefits shall be between the Participant and the Provider. Notwithstanding that a Group Contract for Discretionary Employee Benefits be between a Participant and a Provider, the Board, upon reasonable notice to Participants, may prospectively amend, reduce or terminate any such Discretionary Employee Benefits in its sole and absolute discretion. 4.2.3 Reserves. The Board shall from time to time determine the minimum amount of funds needed for purposes of risk management and rate stabilization. Any such funds shall be held and used in accordance with, and subject to the limitations set forth in, Section 6. 4.2.4 Self-Insurance of Health Benefits. In accordance with Minn. Stat. 471.617, Group Employee Benefits that are employee health benefits may be self-insured. A self-insurance Pool made available by the Board shall be a pool established and operated by the Board, or by the Board and one or more other joint powers governing boards governed by Minn. Stat. 471.59 or service cooperatives'governed by Minn. Stat. 123A.21. 990902:1424 -5- 4.3 Other Financial and Risk Management Services. The Board may make available Other Financial and Risk Management Services for electing Participants and may administer, or arrange for the administration of such services. The Board will determine the most cost-effective and appropriate manner in which to deliver Other Financial and Risk Management Services and the service fees and other costs pertaining to the same. 4.4 Operating Agreements. The Board,alone or in collaboration with other governmental units, whether acting alone or jointly, including other service cooperatives, may negotiate Operating Agreements for the benefit of the SC and each of the Participants with respect to any Group Employee Benefit or Other Financial and Risk Management Service. Such Operating Agreements may establish, among other things: (a) the terms and conditions for any program, (b) premium or contribution rates and other costs, (c) funding arrangements, (d) administrative arrangements, including the extent to which the SC shall provide administrative services, (e) the applicable responsibilities of the Board, and (f) the amount of service fees payable to the SC. The Operating Agreement is a proprietary document between the Service Cooperative and the provider. However, at the request of any Participant, the Board may provide that Participant with any information regarding the applicable Operating Agreement that is reasonably necessary for the Participant to understand its rights and obligations thereunder. 4.5 SC Service Fees. The SC may be paid a service fee in consideration for services rendered pursuant to this Agreement and any Operating Agreements. The amount and source of such service fee shall be established from time to time by the Provider and the SC and shall be approved by the Board. Such service fee may include,but shall not be limited to, a percentage of premiums collected from Participants for the payment of Group Employee Benefits, a fixed fee, or such other arrangements approved from time to time by the Board. At the time a Participant elects to participate in any of the Group Employee Benefits made available by the Board, the Participant shall, by execution of this Agreement (or by the deemed execution of this Agreement as provided in Section 9), be deemed to have acknowledged and agreed to the amount of such service fee as set forth in Addendum A attached hereto (as in effect from time to time), and the source of its payment, including any part thereof derived from discounts, refunds, dividends, or similar revenues. Services fees payable with respect to Other Financial and Risk Management Services shall be established and 990902:1424 -6- disclosed from time to time as determined by the Board. Participants shall be given advance notice of any change in Addendum A. 4.6 - Service Providers. 4.6.1 Selection. The Participants hereby delegate to the Board the right to select the Providers for Group Employee Benefits and Other Financial and Risk Management Services. 4.6.2 Governmental Unit Bidding and Contracting Laws. As applicable,the Board shall comply with all state and federal laws relating to requests for proposals, review of proposals, length of Group Contract rules, and other laws and regulations relating to contracting for Group Employee Benefits and Other Financial and Risk Management Services. 4.6.3 Service Provider Rate Increases. The Board will annually review renewal information as presented by Providers, make recommendations and determine if requests for proposals are necessary. Rate renewals for group insurance will be determined on the basis of the aggregate change of premiums. 4.7 Premiums and/or Contract Charges. To the extent not established by the applicable Operating Agreement or in any other manner prescribed by this Agreement, premiums and/or contract charges shall be determined by the Board in its discretion; provided, however, that in accordance with Section 6.5, no retroactive assessment may be made without the consent of the affected Participants. 4.8 Advisory Committee(s). The Board may, but is not required to, appoint one or more advisory committees. The purpose of any such committee may include, without limitation, the receipt and processing of information relating to group employee benefits, and the future direction of such benefits as well as other programs and services. The Board shall consider,but is not required to adopt, advisory committee recommendations and proposals. Labor representation, when appropriate, on any advisory committee formed by the Board shall be, in so far as is reasonably possible,representative of the bargaining representatives of individuals covered in the relevant Pool. Notwithstanding anything to the contrary in this Section 4.8, the SC shall create a labor-management committee to advise it on certain matters as required by Minn. Stat. 123A.25. 4.9 Authority of Board. The Board, with due consideration given to recommendations submitted by any advisory committee which may be established, shall, unless otherwise expressly agreed, retain final authority in all matters relative to this Agreement and to the Group Employee Benefits and Other Financial and Risk Management Services subject to this Agreement; provided, however, that nothing in this Agreement shall permit the Board to enter into a Group Contract on behalf of a Participant, and that, subject to any applicable notice rules, nothing in this Agreement shall prevent a Participant from withdrawing from this Agreement, any Group Employee Benefit, or any Other Financial and Risk Management Service. 990902:1424 -7- 4.10 Liability Limited. The Board, its authorized representatives, employees and designees shall have no duty or liability to any of the Participants or Providers with respect to the fees, premiums and/or contract charges, offers, acceptances or binders of coverage, cancellation notices, or other matters relating to a Participant's subscribers, all of which shall be the responsibility of the Participant. The Board, its authorized representatives, employees and designees, and each Participant shall have no duty or liability due to negligence of other Participants and Providers. When it is not exercising the joint powers authorized by this Agreement (and therefore not acting as the Board), the SC Board of Directors shall have no duty or obligation whatsoever to act for the • benefit of Participants (as Participants). 4.11 Withdrawal by Board. The undertakings for the provision of Group Employee Benefits in this Agreement may be teiiuinated by the Board or the SC (as applicable) at any time. SECTION 5 RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS 5.1 Enrollment and Renewal. Participants may elect whether to participate in any Group Employee Benefit and any Other Financial and Risk Management Service made available by the Board. If a Participant elects to participate in a Group Employee Benefit or Other Financial or Risk Management Service, the Participant must execute any applicable Group Contract, Group Contract amendment, enrollment and renewal documents directly with the Provider. 5.2 Participants to Furnish Data. Each Participant agrees to furnish all reasonably necessary employee data directly to the SC or its designee. 5.3 Remittance of Premiums and Contract Charges. The Participant shall remit premiums and/or contract charges in the time and manner as from time to time determined by the Board. 5.4 CBA Employee Benefits. Each Participant that participates in CBA Employee Benefits shall be solely responsible for the collective bargaining of such benefits, and for providing any notices regarding CBA•Employee Benefits, including, without limitation, the obligation to notify certain representatives regarding the adoption of a self-insured health benefit plan set forth in Minn. Stat. 471.617, Subd. 4. 5.5 Participant Withdrawal. 5.5.1 Voluntary Withdrawal. At any time during a year, (but at least three (3) months prior to renewal), a Participant may terminate its participation in this Agreement or in a Pool upon ninety(90) days written notice to the Board and to all Providers of programs in which it participates. 5.5.2 Withdrawal Relating to Participant Rate Solicitation. If a Participant solicits proposals independently of this Agreement when there has not been a fifty percent (50%) increase 990902:1424 -8- in the aggregate rates for that Participant group in a given year, the Board retains the right to deem that the Participant has withdrawn from the appropriate Pool. "Soliciting proposals" shall be defined as requesting and/or accepting written or verbal proposals of any kind, regardless of how formal or informal. Notwithstanding the foregoing, a Participant receiving a 50% or greater increase in the aggregate rate for that Participant group in a given year shall be allowed to solicit proposals without jeopardizing their participation in the Pool. If the Participant elects to reject all proposals and remain a Participant in the Pool, the Participant will receive a rate to be established by the Board. 5.5.3 Withdrawal Relating to Dual Offering. If a Participant offers Group Employee Benefits through an additional or different plan which, in the discretion of the Board, are considered to be substantially similar to those provided by a Pool in which the Participant participates, then the Board retains the right to deem that such Participant has withdrawn from the Pool. 5.5.4 Withdrawal at Annual Renewal. If a material change in any term or condition of a Group Employee Benefit or Other Financial or Risk Management Service in which a Participant participates is proposed to commence as of the Participant's annual renewal date, the Participant may withdraw from the applicable Pool as of the renewal date, provided the Participant gives advance written notice of its intent to withdraw promptly (within 30 days) after receiving notice of the material change, even if such notice is given less than 120 days in advance of the renewal date. 5.6 Effect of Participant Withdrawal. Upon a Participant's withdrawal or deemed withdrawal from this Agreement or from a Pool, the following rules shall apply: 5.6.1 Withdrawal from this Agreement. Upon its withdrawal from this Agreement, a Participant shall be deemed to have withdrawn from all Pools maintained under this Agreement in which the Participant is participating.at the time of such withdrawal. If a Participant no longer participates in any Pool, the Participant shall be deemed to have withdrawn from this Agreement, as well as from the applicable Pool(s). 5.6.2 Withdrawal from a Pool. Withdrawal by a Participant from any Pool shall not affect the Participant's participation in any other Pool. . 5.6.3 Program Funds. No Program Funds or any other amounts that may, in any way, be attributable to a Participant's participation in a Pool shall be returned to the Participant in the event such Participant's participation in the Pool ends prior to the Pool's termination. 5.6.4 Future Participation Limited. If a Participant withdraws or is deemed by the Board to have withdrawn from a Pool, such Participant's participation in such Pool shall be prohibited for a period of twenty-four (24) months from the date of such withdrawal or deemed withdrawal. If a Participant withdraws or is deemed by the Board to have withdrawn from this Agreement, such Participant's participation in this Agreement (and any Pool offered hereunder) shall be prohibited for a period of twenty-four (24) months from the date of such withdrawal or deemed withdrawal. 990902:1424 -9- SECTION 6 PROGRAM FUNDS ADNIINISTRATION 6.1 Program Funds. It is understood and agreed that, in connection with the Group Employee Benefits and Other Financial and Risk Management Services made available pursuant to this Agreement,the Board may acquire Program Funds. The Board may, in its discretion, establish and maintain separate accounts for specified portions of the Program Funds, and may designate specific purposes, such as the payment and financing of Group Employee Benefits or the stabilization of the cost of such benefits, for which the amounts credited to such account shall be used, but it shall not be required to do so. 6.2 General Rules Regarding Management and Disposition of Program Funds. Program Funds shall be used solely for the purposes of providing Group Employee Benefits and Other Financial and Risk Management Services, providing related services, defraying the reasonable expenses of administering such benefits and services, and, if the Board determines that such use would either directly or indirectly benefit Participants (e.g.,by spreading risk, achieving economies of scale, generating revenues or enhancing the Board's ability to negotiate with Providers as a result of the Board's visibility, presence in the marketplace or enhanced expertise), establishing, providing and administering similar benefits and services offered by the joint action of other governmental units. Program Funds shall not inure to the benefit of the Board; this prohibition shall not, however, prohibit the payment of service fees to an SC as provided below. Subject to the foregoing, the Board, in it sole discretion, shall determine the management and disposition of the Program Funds. The Board may consider Advisory Committee recommendations regarding the use of Program Funds before any determinations are made. The following are examples of purposes for which the Board may use and apply Program Funds. (a) to negotiate the purchase of, administer, provide and maintain (either directly or through the purchase of insurance, or both) Group Employee Benefits (including, but not limited to programs related to the purpose for which the Fund was created, such as, for example, in the case of a Health Pool, an Employee Assistance Program (EAP) and Wellness Program) and Other Financial and Risk Management Services; (b) to pay or provide for the payment of reasonable and necessary expenses of administering Group Employee Benefits and Other Financial and Risk Management Services including, without limitation, all expenses which may be incurred in connection with the establishment and administration of Pools, the employment of administrative, legal, accounting, other expert and clerical assistance, the leasing of such premises and the purchase of lease materials, supplies, equipment, and liability and property insurance; (c) to establish and accumulate funds deemed adequate by the Board to carry out the purposes of the Pools, for example, for purposes of rate stability and risk reserve; 990902:1424 -10- (d) to pay any federal, state or local income, employment, death or other tax which may be properly imposed on or levied against Group Employee Benefit, Other Financial and Risk Management Service, a Pool, or on benefits paid therefrom; (e) to pay for any bond and to pay the premiums on any insurance purchased by a Pool, including, but not limited to liability insurance, "stop loss" insurance and other insurance intended to pay directly or indirectly the benefits established with respect to a Pool; and (f) to pay the SC any service fee payable to it pursuant to, or authorized pursuant to, this Agreement. 6.3 Investment of Program Funds. Program Funds shall be held and invested in a manner that is consistent with any applicable legal requirements regarding the holding and investment of funds by the Participant Members who are governmental units within the meaning of Minn. Stat. 471.59. 6.4 Withdrawal of Participant. In the event of the withdrawal of a Participant prior to the termination of this Agreement or of a Pool, Program Funds attributable to contributions of such Participant shall not be returned to such Participant. 6.5 Termination of Pool. In the event of termination of a Pool, any portion of the Program Funds that has been designated for use solely in connection with the terminating Pool, and any other portion allocated to the terminating Pool by the Board in its sole discretion, shall be distributed to the Pool Participants in a manner to be determined by the Board, which may include the following: (a) payment of benefits to or on behalf of enrolled employees with respect to claims arising prior to such termination; (b) provision of similar benefits for such employees; (c) payment of reasonable and necessary expenses incurred in such termination; (d) payment of taxes; and (e) cash payments to Participant Members according to a formula established by the Board. Upon such termination, the Board shall continue to serve for such period of time and to the extent necessary to carry out the directions of the preceding sentence. The Participants who receive such distributions shall be solely responsible for determining whether, and to what extent, any amounts they receive will be distributed to individuals who were covered by benefit programs provided by the terminating Pool. 990902:1452 -1 1 6.6 Funding of Risk. Premiums may be adjusted, but no retroactive assessment shall be made without consent and agreement by the affected Participants. Subject to their obligation to provide accurate information regarding the individuals who will receive benefits from a Pool, no Participant or its employees shall bear any financial risk other than the agreed upon premium. SECTION 7 LENGTH OF AGREEMENT AND TERMINATION Pursuant to Minn. Stat. 471.59, Subd. 4, but subject to the provisions herein relating to Participant withdrawal, this Agreement shall be ongoing. SECTION 8 LIABILITY OF PARTIES Any Participant to this Agreement holds the Board and its employees and it designees, and the SC and its board, employees and designees, harmless from any and all causes of action arising at law or in equity unless such action shall arise from its or their gross negligence and is permitted, after application of all doctrines and statutes respecting immunity, by applicable law. The parties agree to waive any rights to litigation from any dispute arising out of this Agreement unless such action is the result of intentional wrongdoing. All benefits hereunder are the sole responsibility of the Provider(s) and the Participants, and shall not be the responsibility of the Board or the SC. SECTION 9 AGREEMENT BY PARTICIPATION Any governmental unit, and any nonprofit or non-governmental entity, which participates in any of the Group Employee Benefits or Other Financial and Risk Management Services and remits premium and/or contract charges in accordance with this Agreement, shall be deemed to have approved this Agreement and, in the case of an eligible governmental unit, to have executed this Agreement by its duly authorized officers, and shall be bound by the terms and conditions of this Agreement to the same extent as if such formal approval had been obtained and such execution had occurred. 990902:1424 -12- Pursuant to all applicable state and federal laws, this Agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the parties. PARTICIPANT MEMBER Name of Organization � 4� ` a h4//a By Title , VGt r,L 1.— Date SERVICE COOPERATIVE Name of Organization By Title Date • • • 990902:1424 -13- ADDENDUM A TO THE JOINT POWERS AGREEMENT Service Cooperative Fees The Service Cooperative shall be paid a monthly administration fee beginning January 1, 2003,by the provider equal to $9.85 per contract per month. This fee may be subject to an annual adjustment equal to the Consumer Price Index (CPI) increase as published by the U.S. Department of Labor. Southwest West Central Region of the City, County, Governmental and other agencies Service Cooperative Small Employer Offer of Coverage for City of Scandia BCBSM/Service Cooperative Minimum Premium Health Plan #176: coverage-i.e. HDHP 100 Low Ded Plan Single: $231.50 2 Contracts Family: $741.50 1 Contracts Monthly Premium: $1204.50 Servicing Year: 3/1/2007 to 12/31/07 Rates quoted above are valid for only 10 working days from the effective date of March 1,2007. The employer accepts this offer of coverage by signing and dating this form. Authorized Representative of the Employer Date This is only an outline of benefits. All benefits are detailed in the contract or certificate. Any changes in the group's census will affect the above rates. Any questions regarding these or any statements in this offer should be directed to your agent or BCBSM Sales Representative. Last printed 2/16/2007 8:45:00 AM i. Pisz1 N health care costs. i Ttot•t` td. The idea behind consumer-directed health care It's a simple concept:by covering your employees with a high demand'far more inafolvement in deductible health plan,you have the potential for premium health care. The need for solutions savings.By setting aside tax-preferred funds to help employees cover their increased share—and by providing employees i clear. That's why we've a rich suite of information and health management tools—you enhance employee satisfaction. developed ope'd a high deductible plan How does it work? to pair it with a health savings If you choose to pair the plan with the health savings account feature,employees are reimbursed for qualified expenses account. You're in control of-costs: from their account If those funds are exhausted,they cover the remainder of the deductible with their own hinds.When ),our in 'o `ef s are in control al the deductible is met,the health plan"hicks in."It employees don't use the balance of their savings account,the money their Cif re ,kiid it from the QM) stays in their account and grows tax tree over time(as long plan£I as it is used for eligible health.~are expenses).It's a great health n with more than. incentive for thoughtful health care choices. 7() 1€..nr5 of cxpericilve 3ocusing o Expect more with BluePrint for Health the h.<:6/ti.r fu ture of-businesses Take advantage of programs designed to improve health and productivity:fitness discounts•EAP•24-hour nurse iNi. your.--",„i. advice line•prenatal support•stop-smoking program• easy-to-use health information at our online wellness center •BluePrint for Health care support,our groundbreaking program tor members with chronic conditions.These programs are ottered at no additional charge to groups. f ,. Please note:Benefits ere subject tore iatoryapprovat PLAN HIGHLIGHTS IN-NETWORK EXTENDED/OUT-OF-NETWORK Annual deductible options $1,3751sinc1e-$2,750/family(low) One deductible applies to services from all $1,900/sngle-$3,800/family(middle) all providers Family contracts A.B and C have no $2,t550/single-$5,250/family(high) individual deductibles Choose family contract D $2,750/person-$5,500/family(high with embedded deductible) for embedded(per person)deductibles. Out-of-pocket maximum Out-of-pocket maximum is equal to $5,100/single-$10,200/family These options correspond to the deductible annual deductible, selected The out-of-pocket maximum combines medical and drug expenses. Lifetime maximum $5 million for services from all providers Office visits or urgent care visits • Illness or injury 1 C0%after deductible 80%after deductible • Behavioral health care(mental health, 100%after deductible*(see details bel vi) 80%after deductible substance abuse,eating disorders and autism) • Chiropractic manipulation 100%after deductible*(see details below) 80%after deductible;no benefits for services from out-of-network providers • In-office surgery/allergy-related services 100%after deductible 80%after deductible Preventive care • Well-child services and immunizations 100% 80%after deductible • Prenatal care 100% 80%after deductible • Routine pYiysicals and eye exams 100% 80%after deductible • Cancer screenings 10Ci% 80%after deductible Lab and X-ray services 100%after deductible 80%after deductible In-and outpatient hospital services • Facility services(includes behavioral 100%after deductible*(see detads belov) 80%after deductible health care) • Professional services(includes behavioral 100%after deductible*(see details beivv) 80%after deductible health care) Emergency care • Outpatient facility services 100%after deductible 100%after deductible • Outpatient professional services 100%after deductible 80%after deductible Ambulance services 100%after deductible 100%after deductible Medical supplies 100%after deductible 80%after deductible Therapy services • Chiropractic therapy 100%after deductible*(see details below) 80%after deductible,no benefit;for services from out-of-ne wuork providers • Occupational and physical therapy 1 Cki%after deductible 80%after deductible** (see detail below) • Speech therapy 100%after deductible 80%after deductible** (see details below) Prescription drugs-31-day supply • 3-cycle supply of oral contraceptives for 100%after deductible 100%,member pays the pharmacy and files a 3 copays;formulary drugs only claim In addtion to deductible,member will be responsible for amounts in excess of allowed Maintenance prescriptions-90-day supply amount • 90dayRx retail network or by mail order 100%after deductible If a grime*dig as+a/aide and mere`er choose:a br nd•rarre drru member ember pays the dfference between;tfe bisn air rip.?and the genic once in sorre cases.this coin amount to the fsli cast of the brand-name drug BluePrint for Health programs Eiipleveeassi•Tan€e• stop-srnoking program• - -- r ----z_ _ �f included with plan • online wellness center•care support for chronic conditions ns•fitness discounts How cost sharing is calculated P Copays are flat fees you pay at the rime you receive a service A Coinsurance is the percentage of charges you pay for a service It's based on the allowed amount Deductible charges are subtracted from the allowed amount Allowed amount is the negotiated amount that network providers have agreed to accept as full payment at the time your claim rs processed if you see a provider who doesn't participate with Blue Cross,the allowed amount is either the tilled charge or a percentage of the network allowed amount,whichever is les • * For highest level of coverage,use Select Network providers for outpatient chiropractic and behavioral health services. �* For all other services use the Blue Crow Network. • **Physical,occupational and speech therapy services!linked to a$500 maximum per calendar year Bluecro53 BhueShlek! Th6 6 only an outline of plan benefits The contract and certificate rnckrde complete detals of what is and isr t covered Services not covered include of Minnesota eyeglasses,hearing aids,items primarily used for a non-medical purpose,over-the-counter drucstnurritional stcplement,services that are ccsmetr, experimental,not medically necesary,or covered by workers"compensation or no-fault auto insurance Pre-existing conditions may not be covered for (Plan numbers a limited period of time.Ties limit is reduced by prior continuous coverage and doesn't apply to pregnancy,newborns,adopted children or handicapped a 17b,6178,c 180,d iE I} dependents We feature a large network of health care providers Each provider is an independent contractor and is not our agent Nonparticipating providers do not have contract with Blue Cross and Blue Shield of Minnesota Blue Crow and Blue Shield of Minnesota i an independent licensee F 805 1 R04(12/06) of the Blue Cross and Blue Shield Association Benefit are effective January-lane 2007 Cities/Counties/Other Appletree Institutepresents rUn Group Insurance Pool Executive Committee the following information to : Darin Ba/ken Chair Prairie Lakes Youth Programs 320/231-1729 CITY OF Glen Pederson Vice Chair City of Benson 320/843-4775 SCANDIA Brian Bohn Avera Marshall Regional Medical Center 507/537-9358 Paul Virnig Meeker County 320/693-5200 1111.11144. Administering the Risk Management Programs for PPLETREE the Southwest/West Central Bobbi Leitner IMEMMEZE5M1=1111 Service Cooperatives City of Plymouth 763/509-5302 Jane Gilb City of Prior Lake 952/447-9842 Serving the following counties in southwest/west central: Gail Miller - Big Stone - Meeker Renville County - Chippewa - Murray 320/523-3630 Cottonwood - Nobles cooi ER O- Pistone 1 - Kandiyohi - Redwood Chantell Knauss - Lac qui Parle - Renville PAYS City of Stillwater - Lincoln - Rock 651/430-8805 - Lyon - Swift DI IDE - McLeod - Yellow Medicine Kevin Halliday City of Willmar Serving the following counties in the 320/235-4913 seven-county metropolitan area: - Anoka - Ramsey - Carver - Scott - Dakota - Washington - Hennepin { 1 4 eIIAstNute 142--East-College- Drivel Marshall, MN 56258 Phone: 507/537-7008 Fax: 507/537-7010 � rt rt. Administrative Fax: 507/537-7296 Toll-Free Number: 888/635-3276 APPLETREE INSTITUTE ISa non-profit, 501(c)3 corporation organized to provide programs and services for governmental units resulting in reduced costs, increased efficiency and effectiveness. It was organized in Minnesota in 1990 under the direction of the Southwest/West Central Service Cooperatives. APPLETREE INSTITUTE SERVES schools, cities, counties, other governmental units and non- profit corporations located in Minnesota and South Dakota. Presented to you by Appletree Institute of th ° 10 ' ! • Initially Discounted Premiums 3 3% guaranteed on MNCare-sized groups (50 and under) 4 4% guaranteed on non MNCare-sized groups (over 50) • Capped Administrative Fees 4 Fees charged by the carrier for doing business are a flat rate per contract per month. Business written direct with Blue Cross/Blue Shield of Minnesota is typically charged an administrative fee at a percentage of claims. • Sharing of Deserved Increases and Decreases 4 Each group's deserved decrease or increase is identified and placed into a formula which allows the peaks and valleys of rate increases to be softened. • Access to Excess Revenues -� Negotiated agreements with the insurance company allow a return of premium paid in excess of claims and administration to both the Pool host and individual groups subscribing to coverage. • Credit for Program Discounts -� Provider savings through network agreements -a Prescription refunds • No Risk . _ -� Groups and individual subscribers have no risk beyond the ,,,Pt` monthly premium assessed. Presented to you by Appletree Institute i 1 ' 1 1 A. 1' Iceasas it • � � -" �s J l J s-_._ .. _. a .$ J -.,— s{_!a .1 ,ems P % Needed % Recommended Increase/ Increase/ Group Decrease Decrease Group A (20.80) 5.00 Group C (12.20) 5.00 Group E 1.90 5.50 Group F 7.80 7.00 Group H 10.20 9.50 Group I 11.90 10.50 Group L 13.70 12.50 Group 0 15.50 14.50 Group P 17. 10 16.00 Group S 23.40 17.00 Group U 29.30 17.50 Group W 40.20 18.00 Overall Needed Increase 7.89% Presented to you by Appletree Institute CCO , r is i i iisiiancePooIMemheis_di ' OU r og CITIES -__ Adrian Ghent Marshall Round Lake Appleton Granite Falls Maynard Russell Atwater Greenfield Mendota Heights Sacred Heart Belview— Parkview Nursing Home Hanley Falls Milroy St. Paul Park Benson Hendricks Minneota Slayton Bird Island Heron Lake Montevideo Spicer Buffalo Lake Hugo Mounds View Springfield Canby Ivanhoe Mountain Lake Stewart Carver Jackson New Prague Stillwater Chanhassen Jasper Newport Tracy Clara City— Nursing Home Jordan Oak Grove Tyler Cosmos Kerkhoven Oakdale Vesta Cottonwood Lake Elmo Pipestone Waconia Ellsworth Lakefield Plymouth West St. Paul Fairfax Lamberton Prior Lake Willmar Franklin Lismore Renville Windom Fulda Madison Rosemount COUNTIES Chippewa Lincoln Nobles Rock Jackson Lyon Pipestone Swift Kandiyohi Meeker Redwood Yellow Medicine Lac •ui Parle Murra Renville OTHER GOVERNMENTAL UNITS Adult Client Training Service, Inc. Parkview Manor Area II Minnesota River Basin Projects, Inc. Pioneerland Library System Augsburg Fortress Publishing Pipestone County Medical Center Avera Marshall Regional Medical Center Pipestone Soil and Water Conservation District Cottonwood County Developmental Achievement Center Prairie Five Community Action Council Countryside Public Health Prairie Lakes Youth Programs Heartland Community Action, inc. Progress, Inc. Hiawatha Manor, Inc. Red Rock Rural Water System Hospice of Murray County Redwood Soil and Water Conservation District HRA of Redwood Falls Redwood-Cottonwood Rivers Control Area Jackson Housing and Redevelopment Authority Rock County Developmental Achievement Center Kandiyohi Area Transit Rural Enterprise for Acceptable Living, Inc. Kandiyohi Soil &Water Conservation District Southwestern Minnesota Housing Partnership Lakeview Home Southwestern Minnesota Opportunity Council Lincoln/Pipestone Rural Water Southwest Regional Development Commission Lincoln Soil and Water Conservation District Swift County/Benson Hospital Lyon County Developmental Achievement Center Upper MN Valley Regional Development Commission Mid-Minnesota Development Commission Westbrook Public Utilities Murray County Developmental Achievement Center Western Community Action, Inc. New Life Treatment Center Willmar Municipal Utilities Nobles Soil and Water Conservation District Windom Area Hospital Ortonville Area Health Services Worthington Regional Hospital Presented to you by Appletree Institute Appletree Institute's and Minnesota Service Cooperatives' Group Insurance Pools I hi form lion Minnesota attes/counifes/Other Governmental. Statewide • 343 groups purchasing health/hospitalization insurance • 19,224 contracts • $166,177,836 on an annual basis Appletree Institute • 126 groups purchasing health/hospitalization insurance • 6,022 contracts • $48,997,998 on an annual basis Presented to you by Appletree Institute Brought to ou b November, Y Y Health Insurance APPLETREE INSTITUTE -� �---------- Product through our Enhancements roll Y 9 p insurance pool participation • BluePrint for Health Online- www.blueprint.bluecrossmn.com is the address for a website which provides a wide variety of general health news topics as well as information on specific medical conditions. Topics include such things as fitness and nutrition, work and health, and a medical library for prescription drugs. • The BluePrint for Health Care Support Program is a disease management program aimed at assisting subscribers with certain chronic conditions such as diabetes, asthma and osteoarthritis. A staff of trained professionals work with eligible subscribers and their physicians. Management includes welcome calls, general health assessments, screenings, standard of care reminders, care calls and vaccination reminders. • The BluePrint for Health FirstHelp Nurse Triage— FirstHelp is a 24-hour, 7-day a week phone-based nurse triage service. Members are encouraged to call the toll-free number and speak with a registered nurse anytime they are sick, hurt or have a healthcare question. Groups can purchase this service anytime for a slight charge. • The BluePrint for Health Fitness Center Discounts— Healthy habits have always been valuable. Now they are worth money. The fitness discounts program rewards subscribers with a $20 credit towards their fitness center membership when working out at a participating club at least eight days a month. • The BluePrint for Health Stop-Smoking Program— Whether or not you are ready to quit tobacco, you can join the Blueprint for Health Stop-Smoking Program. It's nonjudgmental, practical and tailored to your situation. Just call 888/662-BLUE to get started. • Health and Wellness Programs— A variety of preventative health programs are available which can be delivered to groups of subscribers. A sampling of programs and presentations which are available include - Be A Tree"For-rest" (a stress management program), Office Olympics (a four-week staff wellness challenge)or S.M.I.L.E. for Safety (a driver safety program). These programs can be e-mailed and are ready for on-site application. • Health Cost Summaryis a snapshot providing members their own health cost summary online. The snapshot will give you an easy-to-understand, visual view of the health plan and account use. The snapshot is available at the member service center at www.bluecrossmn.com. • On-Line Enrollment is an interactive application that allows benefit coordinators to maintain employee and dependent enrollment information by entering and submitting to Blue Cross/Blue Shield via the internet. • Product Discounts—Through your membership in the pool, you have access to products and services which supplement and support you and your all-around health care. Discounts are available to pool members on eyewear' LASIK vision correction and a variety of medical supplies. 1 \ •''` VEBA Product—A consumer-directed health plan designed specifically for Minnesota public employees that includes a high deductible health plan coupled with a personal health account. The VEBA is used to help pay for \cost sharing under the health plan and can also be used to pay for additional expenses not covered by the health plan. \ • Web Self Help—This service offers subscribers direct access to their personal health information via the Internet. Checking on such things as deductible payments and claims activity allows members to track dollars spent on health care through Blue Cross/Blue Shield. The web site is www.bluecrossmn.com/mnservcoop. • Worksite Wellness— Brought to you through the combined efforts of the SW/WC Service Cooperatives and Appletree Institute, the Worksite Wellness Program's goal is to make it easy and attractive for employees and family members to make healthy choices and to assist in identifying health risks and then taking action to reduce those risks. Southwest West Central Region of the City, County, Governmental and other agencies Service Cooperative Contingencies — Minimum Premium 1. This quote is based on the current rates and enrollment. If you request different benefits or if actual enrollment varies from expected by more than 10%, the rates will change. 2. Rates quoted are valid for only ten (10) working days from the effective date of March 1, 2007. Rates are contingent on this group joining the SWWC CCOGA Service Cooperative 3. Rates include $19.00 per contract consulting/service fee. 4. If this group accepts the Service Cooperative bid/proposal it is with the understanding that the Service Cooperative has accepted, on the behalf of all their member groups, the following: • Implement behavioral health care benefit parity. Benefits for behavioral health care will include both inpatient and outpatient treatment and will be provided at the same level of coverage as medical services. Essentially making things equal. • Binding decisions by the Administrative Review Committee (ARC). The ARC is a three-member committee established to review and make a determination whether to affirm or reserve a denial of coverage of benefits. City of Scandia Southwest West Central Region of the City, County, Governmental and other agencies Service Cooperative Minimum Premium Funding We charge you a flat monthly rate for each employee. Other features of minimum premium funding include: Features 1. Claims in excess of $250,000 per member for a contract year are not charged to your account's historic claims costs. This feature, called specific stop loss, helps stabilize future rate increases. Transplant claims are included under the specific stop loss. 2. Rates quoted are valid for only ten (10) working days from the effective date of March 1, 2007 and are contingent on this group joining the SWWC CCOGA Service Cooperative. Services included in the rates quoted • No claims to file when using participating providers • Enrollment on site by our representatives • Claims processing and payment • Customer service • Membership/eligibility records • ID cards • Summary Plan Description • Administrative manual for account's group coordinator • Cost containment programs • Reporting • Provider networks and the value of our provider savings net of the provider savings fee City of Scandia CITY OF SCANDIA PLANNING COMMISSION AGENDA March 6, 2007 7:30 P.M. 1. Call to Order 2. Approve Agenda 3. Approve Minutes a) January 23, 2007 b) February 6, 2007 4. Public Hearings a) Willowbrook Church. Text Amendment to Shoreland Regulations to Allow Places of Worship in the Shoreland Overlay District(Ordinance No.: 101) )(File No. 2007006) b) White Rock Ranch, LLC, Mark Youngdahl. Preliminary Plat for White Rock Ranch (File No. 2007008) c) Amendment to Chapter 2, Section 10.20 (2) (I) of the Development Code regarding Safety Requirements for Swimming Pools (Ordinance No.: 102) (File No. 2007007) 5. New Business a) Select Chair and Vice Chair for 2007 b) Select Planning Commission Representatives to the Commercial/Retail Development Committee and the Capital Improvements Committee 6. Old Business a) Jon Rodgers. 23409 Lofton Avenue North. Variance for Septic System Design (Postponed from January 23, 2007 meeting) 7. Adjournment 3/1/2007 P a 3.. ck.) January 23, 2007 The City of Scandia Planning Commission held their regular monthly meeting on this date. In attendance were Chairman Chris Ness, James Malmquist, Peter Schwarz and Kevin Nickelson. The minutes from the November 14 and December 5, 2006 meetings were approved with a motion by Malmquist and a second by Schwarz. German Lake Vista Preliminary Plat, Variances Mr. Ned Froberg, Hult & Associates, presented a preliminary plat for applicant German Lake Ventures, LLC, Robert Briggs, 1809 Northwestern Ave., P.O. Box 262, Stillwater, MN 55082. Location: Sec. 18, NE 1/4 of the SE 1/4, S ' of the SE 1/4, and Sec. 17, W '/ of the NW 1/4 of the SW 1/4, 11262 Scandia Trail North. The applicant proposes a major subdivision of 88.5 acres to create 8 lots. The property is located north of Scandia Trail, west of Lofton Avenue, and directly south of 218th Street on the eastern shore of German Lake. The proposed 8 lots are all first-tier lots on the lakeshore, which have a 5-acre minimum on a Natural Environment Lake, and range in size from 7.73 acres to 14.74 acres. The Applicant requests a variance to allow Lot 5 to have a lot width of 60 feet, and to allow Lot 7 to have a lot width of 120 feet. Scandia zoning requires 300 feet of lot width. John Lindell, 11240 218th St., stated that he believed Lot 4 does not meet the 150 foot setback from the road, Lot 4 doesn't meet the drainfield setback, and Lot 4 doesn't have one acre of contiguous buildable land. Mr. Lindell also expressed concern about run off from the wetland on Lot 3, across proposed driveway, into the lake. He also stated that only 53 acres of land is being developed when you subtract the part of land under water and so the lots are actually smaller than stated. Mr. Lindell would like to see no variances granted. Mr. Froberg responded that the road setback on 218th Street, a residential, non-collector road, is 100 feet from the centerline or 40 feet from the road right-of-way, whichever is greater and Lot 4 meets that setback. There will be a culvert on Lot 3 under planned driveway to direct water overflow. The variances are being requested to protect existing wetlands by redirecting the road and cul-de-sac, which then determines the lot configurations. All lots also have one-acre of buildable land. Janet Lindgren, 11000 218th Street, asked if the lake is now at a real low point, what happens when the water comes back up again —will the houses be protected from rising waters? The Town Planner responded that the plan requires homes' lowest floor elevation to be 960.9 feet, which is 2 feet about the 100-year flood level. Mrs. Lindgren also asked what system is in place to deal with infringement on setbacks and building size. The City Administrator said that this is dealt with during the building process. Mike White, 13310 188th St., would like to see a 100-foot conservation easement of no cut around the lake to be held by the City. The Planning Commission verified that all lots have at least 5-acres of dry land. There was also discussion about the maintenance of the proposed drainage basin and how the city has the right to go on private property to correct any drainage problems that occur. Schwarz made a motion to recommend to the City Council that they adopt draft Resolution No. 01-23-07-01 to approve the preliminary plat of German Lake Vistas and Variance with the conditions and findings as drafted with the following changes. Condition 8 is changed to a $12,000 park dedication fee, and Condition 9 is included in the covenants. Malmquist seconded the motion and the motion passed. January 23, 2007 City of Scandia Planning Commission Page 2 Amendments to the Development Code Ordinance No. 96, an ordinance to amend Section 5, requiring a public hearing for minor subdivisions was presented by attorney Dave Hebert. There were no public comments. Nickelson made a motion to recommend to the City Council they adopt Ordinance No. 96 to amend Section 5 of the Development Code to require a public hearing for minor subdivisions with the following changes to the last sentence. "The hearing shall be held within sixty (60) days of the date the request for subdivision is presented to the Clerk/Administrator. If approval of the Commissioner of Transportation and/or County Highway Engineer is required, in- which event final action on the subdivision request shall not be taken until after the comments and recommendations of the Commissioner of Transportation and/or County Highway Commissioner have been received or until the 60 day review period has elapsed." Malmquist seconded the motion and the motion passed. Ordinance No. 97, an ordinance amending certain sections of Ordinance No. 74 pertaining to zoning and subdivision regulations was presented by town planner Barry Farrington. Ernie Kertscher, 21350 Olinda Trail, asked how ironclad the covenants were that these open spaces would stay untouched, and who is responsible for the open space. Hebert said easements are held by a third party and the Homeowners Association can own the land. Even if the land is owned by the Homeowners Association, they have no development rights, but are responsible for maintaining the open space. Ross Brunfelt, Orwell Ave., asked if this change in the Open Space Ordinance would prevent an automatic 5-acre density being given in a 10-acre density zone. Although he would prefer to see 10-acre lots where the land is all used than open spaces that no one uses and turn into a wasteland. Mr. Brunfelt felt that covenants are not perpetual and not enforceable. The Planning Commission suggested an ongoing inspection plan be put in place. Nickelson made a motion to recommend to the City Council that they adopt Ordinance No. 97 to amend certain sections of Ordinance No. 74 pertaining to zoning and subdivision regulations. Schwarz seconded the motion and the motion passed. Ordinance No. 98, an ordinance to amend Chapter 2, pertaining to the zoning and subdivision regulations regarding woodland and tree preservation was presented by town planner Dick Thompson. Mike White asked how box elder trees were labeled. Barry Farrington said they are categorized as scondary deciduous trees if a certain size.Alex Bildeaux said there is a discrepancy between two-year guarantee by the developer in the ordinance, but only a warranty for one year. He would suggest a Letter of Credit for two years and eight months. Malmquist made a motion to recommend to the City Council that they adopt Ordinance No. 98 to amend Chapter 2 of the Development Code, pertaining to the zoning and subdivision regulations regarding woodland and tree preservation with the following changes. Section 3, item (K), change Acer Negundo to Acer Segundo. Section 8, item (B) 2., change clause in last sentence to "in no event shall the performance guarantee be released earlier than one (1) yeaf completion of the warranty requirement after the date of the project closure." Nickelson seconded the motion and the motion passed. January 23, 2007 City of Scandia Planning Commission Page 3 Jon Rodgers—Variance Ms. Barry Farrington, TKDA, presented the information for a variance request by Jon Rodgers to allow a setback of 33.5 feet (100 feet required) from the sewage treatment to Bone Lake Ordinary High Water level and a setback of 45 feet (100 feet required) from the sewage treatment system to the well, located at 23409 North Lofton Avenue. A new well and septic system are proposed. The OHW level was not staked. Ernie Kertscher said the request doesn't appear to comply with State standards. Malmquist and Schwarz asked how this could be a permitted septic and why is a backup location not required. Town attorney, Dave Hebert, said it was an existing parcel of record with a dwelling that used to be habitable with a septic and well and not allowing it could be considered a"taking". Counsel's advice is to rely on the expertise of those who issue the permits, and if they okay it, then accept their decision. There was discussion about asking for a Letter of Credit to insure performance. Malmquist made a motion to table the variance request of Jon Rodgers until the Ordinary High Water level was staked, proof of the attempt to contact the owner and acquire land across the road for a septic system, ask the County to address the setback of the septic from the well, and ask for an extension on the 60-day review period. Nickelson seconded the motion and the motion passed. Performance Standards for Swimming Pools After some discussion as to the merits of either fence or a pool cover to safeguard a pool, Nickelson made a motion to ask staff to draft an ordinance to amend the Development Code for performance standards for swimming pools to include pool covers for review at the February 6 meeting. Malmquist seconded the motion and the motion passed. Willowbrook Community Church Pastor Brad Reis was adviseded to proceed in making an application to amend the Shoreland Regulations to allow places of worship as a permitted use. Malmquist made a motion to adjourn and the meeting adjourned. Respectfully submitted, Colleen Firkus Planning Commission Secretary PG _ 3_ 1) February 6, 2007 The Scandia Planning Commission held their regular monthly meeting at 7:30 p.m. on this date. In attendance were Chairman Chris Ness, James Malmquist, Peter Schwarz and Kevin Nickelson. Eugene & Bonnie Thielbar—Continued Variance Hearing City Planner Thompson presented the background information on the four variances requested by the Thielbars, at the November 14, 2006 meeting, to construct a home on an existing lot located at 19471 Manning Trail N. A determination from the DNR on the location of the OHW level was received and a the Applicant submitted a revised site plan. The Planner recommended approval of the variances with findings and conditions. Chairman Ness opened the floor for public comment. Mike White, 13310188'h St. N., asked if the first floor elevation is 2 feet above OHW level, i.e. 945 feet. Dick Bohrer, 18849 Layton Ave., CMWD member, said it was good that CMWD and the Washington Conservation District were involved, as they should be on any permit in the watershed district. Commissioner Schwarz expressed concern about the road to the property and suggested the road should be constructed and accepted before a building permit is issued. The adjoining neighbors, Melchoirs, were in attendance and said they have already widened the road to 17 feet. Commissioner Schwarz made a motion to recommend to the City Council that they accept the Planner's recommendations and findings, and adopt Resolution 2-06-07-01 with a change to Condition No. 4 to add, "before a building permit issued." Commissioner Malmquist seconded the motion and the motion passed with Schwarz, Malmquist and Ness voting yes. Steven Lombritto—Variance Steven Lombritto has made application for variances for front yard setback, side yard setback, rear yard setback, setback from the Big Marine Lake OHW level, minimum lot size, lot width and road frontage, buildable area, and impervious surface to allow construction of a new single family home, located at 18633 Langly Court North. Chairman Ness opened the floor for public comment.Arnold Sandberg, 18650 Langly Ct. N., asked how there was going to be enough room to put up a ladder to reach the roof? There is already a large overhang. Dick Bohrer asked if the Ordinance for impervious surface was 25% and was the Applicant asking for 40%. He said Big Marine Lake water quality has gone down lately due to low water, shoreland erosion, and impervious surface runoff. Chairman Ness said the ordinance was 25%, but the 40% request is an improvement over the 50% existing. Wayne Moe, 22877 Mallard Ave., asked if a lot of land was lost on the Bliss Addition lots at an earlier time. Mike White, said the front deck has water under it, and how could the existing setback be accurate when the posts were under water. He also said the proposed height would make it stick out in the neighborhood. Fred Heinonen, asked how the impervious surface could be less if the new house has the same footprint. Chairman Ness responded that the deck would be removed as well as brick pavers in a parking area. February 6, 2007 Scandia Planning Commission Page 2 Commissioner Schwarz asked about the difference in the impervious surface number between the survey (41.10%) and the Planner's letter(40%). He also commented that the lot is small even by Bliss standards. Schwarz believes the changes would improved the character of the neighborhood, but would like to see the height reduced and move the house pad to a distance of 18 feet from the road right-of-way. Commissioner Malmquist asked who the Applicant should work with to stabilize the shoreland. Dick Bohrer said Lombritto would work with a CMWD engineer and the Washington Conservation District. Sandberg commented that a pickup truck is longer than 18 feet and moving the house pad back would not allow enough parking space. Commissioner Nickelson asked Lombritto if he would be agreeable to a smaller roof pitch. Lombritto said he was trying to achieve a certain architectural look with a 10/12 pitch, but would accept a 6/12 pitch. Lombritto said moving the house pad back would cover access to his septic tank's cleanout. Mayor Seefeldt asked if any other houses on the street were two stories and if the driveway could be constructed with permeable pavers. Commissioner Ness said there were no other two-story homes. Chairman Ness made a motion to recommend to the City Council that they grant the variances that they accept the Planner's recommendations and findings, and adopt Resolution 2-06-07-02 with a changes to Condition 2 - "That the pitch of the roof be reduced to no greater than a 6/12 pitch with roof overhang as shown on the plans;" Condition 3 - "That the proposed deck is relocated to the south side of the home or removed from the proposal," by eliminating the last sentence; Condition 4 - "That the structure shall be moved closer to the road right-of-way so that it is further distanced from the lake. In conjunction with the changed location of the deck, this condition would change the variance request to: front yard (right-of-way) setback of 20 feet, OHW setback of 28 feet, and front yard (lake side) setback of 32 feet; Condition 6 - "The gravel driveway shall be replaced by permeable pavers"; Condition 7- "That the applicant work with the Washington County Conservation District and the Carnelian Marine Watershed District to apply best management practices including erosion control during construction, shoreline stabilization, and prevention of runoff from the roof from directly entering the lake;" Condition 8 - to "That the Carnelian Marine Watershed District permit is granted; and Condition 9 - to "That all fees and escrow payments are made." Commissioner Malmquist seconded the motion and the motion passed with Schwarz, Malmquist, Ness and Nickelson voting yes. Draft Ordinance for Swimming Pool Safety Requirements Commissioner Nickelson made a motion to recommend to the City Council that they hold a public hearing to consider a draft ordinance for swimming pool safety requirements. Commissioner Schwarz seconded the motion and the motion passed. February 6, 2007 Scandia Planning Commission Page 3 Draft Mining Ordinance Planner Thompson reviewed the draft mining ordinance and asked for feedback from the Planning Commission and City Council. Commissioner Schwarz asked to add "odors"to Sec. 1.2 (3). It was also decided that in Sec. 5.2 items 9 and 10 should be combined and reworded. Also, in Sec. 5.1 the third sentence needs correction. In Sec. 6.1 (3) remove the second and third sentences. It was suggested that Sec. 6.1 (19) (B) (1) be changed from 40 acres to a 1,000-foot setback. Further comments are to be sent to Thompson. Another draft will be reviewed at the April 3 Planning Commission meeting prior to scheduling a public hearing. Malmquist made a motion to adjourn and the meeting adjourned at 10:15 p.m. Respectfully submitted, ice, t Colleen Firkus Planning Commission Secretary Meeting Date: 3/6/2007 Agenda Item: 4f Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Hold a public hearing on the application of Willowbrook Church for a Text Amendment to the Shoreland Management Regulations to Allow Places of Worship in the Shoreland Overlay District(File No. 2007006) Deadline/ Timeline: 60-day review period ends March 26, 2007. Background: • Planner Berry Farrington will present her report and recommendations at the hearing. • If the City adopts the amendment, it must be submitted to the Minnesota Department of Natural Resources for their review before it may be put into effect. Recommendation: The planners have recommended approval, pending information gathered at the public hearing which supports the public benefit of the amendment. Attachments/ • Application Materials provided: • Draft Ordinance No.: 101 • Scandia Zoning Map Contact(s): Brad Reis, Willowbrook Church (651) 464-9430 Prepared by: Anne Hurlburt, Administrator (shoreland amendment) Page 1 of 1 03/01/07 TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Shoreland Management Regulations Planning Commission Amendment Anne Hurlburt,Administrator City of Scandia, Minnesota Scandia File Number 2007006 Proj.No.: 13812.002 Copies To: Routing: From: Richard E. Thompson, AICP Berry Farrington Date: March 1,2007 SUBJECT: Shoreland Management Regulations amendment MEETING DATE: March 6, 2007 APPLICANT: Brad Reis 5018 200th Street North Forest Lake, Minnesota 55025 60-DAY PERIOD ENDS: March 26, 2007 ATTACHMENTS: 1. Application 2. Draft Shoreland Management Regulations Amendment 3. Scandia Zoning Map BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a text amendment to the City of Scandia Shoreland Management Regulations to allow Places of Worship within the Shoreland District(Attachment 1). BACKGROUND: In reviewing a request for a zoning text change, one must evaluate the request for consistency with the Comprehensive Plan and assess the potential public benefit and public costs. The Comprehensive Plan provides guidance for residential development in the Shoreland, limiting density of undeveloped portions of lake shores but permitting smaller lots through clustered development. The Plan identifies Scandia's natural landscape as one of the community's most precious assets, and that the community values views and undeveloped lake shores. The Plan does not specifically address community institutions such as Places of Worship. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Shoreland Amendment Page 2 March 1, 2007 City of Scandia Today, Places of Worship are allowed in other zoning districts in the City of Scandia. What public benefit is there to allowing Places of Worship within the Shoreland District, especially since they are allowed elsewhere? It is difficult to describe any public benefit to allowing Places of Worship in the Shoreland District. One possible benefit is that often Places of Worship are attractively designed, and have more flexibility to use lakes and waters to complement their designs. On the other hand, there are no real public costs associated with allowing Places of Worship in the Shoreland District either. The only public costs would possibly be in blocking public views of the lakes and creating large areas of impervious surface, which could lead to more runoff into lakes. These impacts can be addressed through regulation and conservation practices,however. On balance, even though there is no substantial public benefit from allowing Places of Worship in the Shoreland District,there also is no substantial public cost if potential impacts can be managed. The Planners and Attorney have prepared a draft amendment to the Shoreland Management Regulations that would allow Places of Worship with a Conditional Use Permit in the Shoreland District(Attachment 2). The draft amendment includes the following requirements: minimum lot size of 5 acres, setback of 200 feet from the Ordinary High Water level, and parking areas shall not be located within the Ordinary High Water level setback. The Shoreland District is shown on the Scandia Zoning Map and applies to land within 1,000 feet of the protected waters listed in the Shoreland Management Regulations (Attachment 3). Under the current regulations, single family residential,parks and historic sites, cropland and pasture agriculture are permitted uses in the Shoreland District. Home occupations are permitted with a Certificate of Compliance. Open Space Conservation Subdivisions, Bed and Breakfasts, and Accessory Apartments are permitted with a Conditional Use Permit. EVALUATION OF THE REQUEST: Development standards for Places of Worship are defined in Section 10.22 of the Scandia Zoning Ordinance. These standards would regulate Places of Worship located within the Shoreland District, as would other regulations within the Development Code. A number of factors need to be considered in evaluating the request: screening and landscaping, woodland and tree preservation,potential for impact on water quality,parking,building height, and reuse of the structure. Screening and Landscaping, and Woodland and Tree Preservation A Place of Worship within the Shoreland District would be subject to the Screening and Landscaping, Woodland and Tree Preservation, and Shoreland Alterations regulations within the Development Code. The Place of Worship development standards require that landscaping be provided per Section 9.12, Screening and Landscaping. The Woodland and Tree Preservation requirements, Section 9.11, apply in cases where a landscaping plan is required. Section 9 of the Shoreland Management Regulations, Shoreland Alterations, which regulates vegetative cutting within the Ordinary High Water level setback, also applies. Shoreland Amendment Page 3 March 1, 2007 City of Scandia Water Quality Places of Worship raise concerns about water quality because of the size of the structure, the amount of parking required, and therefore, the amount of impervious surface. Depending on stormwater management practices, impervious surface in proximity to the lake may result in stormwater running directly into the lake and degrading water quality. To address these concerns, the draft amendment uses the 5 acre lot size and 200 foot Ordinary High Water level setback regulations that apply to Natural Environment Lakes. The draft does not allow parking areas within the 200 foot setback. In other zoning districts, the minimum lot size for a Place of Worship is 2 acres. The 25%maximum impervious surface requirement would also apply. Parking Section 9.10 of the Zoning Ordinance regulates parking. The parking space requirement for Places of Worship is one space per every three seats, or for each 5 feet of pew length. All standards in this section would apply. Building Height The maximum building height allowed by the Scandia Development Code is 35 feet. This standard applies to Places of Worship. Reuse of the Structure Place of Worship structures are sometimes reused for commercial, office, or other institutional uses in zoning districts that permit these types of uses. For Places of Worship located in the Shoreland District, reusing the structure for other uses would be limited to the uses permitted in the Shoreland District. ACTION REQUESTED: The Planning Commission can: 1. Recommend approval as written; 2. Modify and recommend approval; 3. Recommend denial if it is found that the request is not consistent with the Comprehensive Plan and not in the best interest of community; 4. Table the request. PLANNING STAFF RECOMMENDATIONS: Through the Conditional Use Permit process, the Planners find that the City will have the regulatory framework needed to address screening and landscaping, woodland and tree preservation,potential for impact on water quality, parking, building height, and reuse of the structure. The Shoreland District is Shoreland Amendment Page 4 March 1, 2007 City of Scandia predominantly a district for residential and agricultural use. Places of Worship are allowed with a Conditional Use Permit in the other agricultural and residential districts. With consideration to the potential effects of allowing Places of Worship in the Shoreland District, the Planners find that adverse impacts may be addressed through regulation and through conditions established in the Conditional Use Permit. The Planners recommend approval of the zoning text amendment allowing Places of Worship in the Shoreland District, pending information gathered at the public hearing which supports the public benefit. NEXT STEPS: If the request is approved by the City Council, the City of Scandia will send the approved amendment to the Minnesota Department of Natural Resources for that agency's review. If the Department of Natural Resources finds that the amendment is consistent with Department of Natural Resources' rules, then the City of Scandia will publish the amendment. Until published, the amendment is not in affect. The City cannot process planning requests related to Places of Worship in the Shoreland District until the amendment is published. File No. ((0 D'2 0 0 RECEI + n LICATION FOR PLANNING AND ZONING REQUEST JAN 29k 2007 City of Scandia, Minnesota 14727 209th Street North,PO Box 128, Scandia,MN 55073 CITY OF SCANDIA 651/433-2274 Facsimile Machine 651/433-5112 Please read before completing: The City will not begin processing an application that is incomplete. Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) /'. 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Phone: (h) (b) Street Address: E-Mail: City/State: Zip: 5. Applicant/Contact Person: Phone: 'Z) (b) 1 1 / 3 i (C,) Street Address (Mailing): E-Mail: O C-(icszw ‘ciw b,-"k. e''h c:s> 5 53, 0,0.J 1-r S t �h City/ State: ,J y -F`c ;22.S'r m � Zip: 5 5 o Z,)-S 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension XText Amendment(Zoning or Comprehensive Plan) Other 7. Brief Description of Request: (attach separate sheet if necessary) L i\ S i S \I S 5 t, �: Z Y'2 � �I-i n; "(-)-.e Q1.14u4) C +1A. 0; `, r,, ,N) ./ VDct; I a i n Z u n2 _i/ O-r��2v c Yn 1 c f' -t c.k i.c, ,,.�1Z e- Ylz e?tQ. f-;.. 1-;r P .z 4- .. 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing,reviewing and hearing the application. These costs shall include,but are not limited to: publication and mailing of notices; review by the city's engineering,planning and other consultants; legal costs,and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant,the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: Applicant Signature(s) Date: For City Use Only Application Fees: SOU I I z '107 PAID Parcel Search Fee: / JAN aSk 2001 CITY OF SCANDIA Escrow Deposit: j o v d s— ` CITY OF SCANDIA ORDINANCE NO. 101 AN ORDINANCE AMENDING SECTION 6.1(3) OF THE SHORELAND MANAGEMENT REGULATIONS ADOPTED IN SECTION 11.2 OF CHAPTER 2 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 6.1 (3) of the Shoreland Management Regulations adopted in Section 11.2 of Chapter 2 of the Development Code of the City of Scandia is hereby amended as follows: 6.1 (3) Uses Permitted with a Conditional Use Permit: (A) Open space residential development in accordance with Section 20.2 of this Chapter. (B) Bed and Breakfast in accordance with Chapter Two, Section 10.5 of the City Development Code. (C) Accessory Apartment in accordance with Chapter Two, Section 10.1 of the City Development Code. (D) Place of Worship in accordance with Chapter Two, Section 10.22 of the City Development Code, except that the minimum lot area required shall be 5 acres, the minimum setback from the Ordinary High Water level shall be 200 feet, and off-street parking areas shall not be located within the Ordinary High Water level setback. Passed and adopted by the City Council of the City of Scandia this 6th day of Marrch, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator I6 Li .n rs 0 0 .,.- .r H o ° o n, Cba1 o ae o `° I gg4 t7 o 2 > Rh o o o O .,0 g1- a k'! Wiz`% a. 'W 5-- �``, ¢Q mo TA o z z ti c m 9 'Qz L § i OpS'A k$I� r • �'' 1 V t2,0 c gi £m m- c- 2 m s m m r c H m E 8 N-`. 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Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Hold a public hearing on the application of White Rock Ranch, LLC/ Mark Youngdahl for a preliminary plat for White Rock Ranch (2007008) Deadline/Timeline: 120-day review period expires June 13, 2007 Background: • A concept plan for this project was reviewed by the New Scandia Township Planning Commission on August 1, 2006, and by the Washington County Plat Commission on August 16, 2006. • This project is partially within the City of Forest Lake and partially within the City of Scandia. All of the public improvements (streets) for the subdivision are within the City of Forest Lake. The Forest Lake City Council approved the preliminary plat on February 26, 2007. • Ms. Farrington will present her attached report and recommendations at the hearing on March 6, 2006. Recommendation: The planners recommended approval of the preliminary plat with conditions. The findings and conditions have been incorporated into a draft resolution for use by the Commission and City Council. Attachments/ • TKDA Memorandum dated 2/27/2007 Materials provided: • Location map • Correspondence with Washington Conservation District • Minutes of August 1, 20006 Planning Commission meeting • Minutes of August 16, 2006 Washington County Plat Commission meeting • Draft resolution 03-06-07-04 • Application materials Contact(s): Mark Youngdahl, Senn and Youngdahl 651 351-1450 X102 Prepared by: Anne Hurlburt, Administrator (white rock ranch prelim plat) Page 1 of 1 03/02/07 T KDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: White Rock Ranch Preliminary Plat Planning Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Scandia File Number 2007008 Copies To: Proj. No.: 13812.003 From: Richard E. Thompson, AICP Routing: Berry Farrington Date: February 27, 2007 SUBJECT: White Rock Ranch Preliminary Plat MEETING DATE: March 6, 2007 LOCATION: 18881 Keystone Avenue North Scandia, Minnesota APPLICANT: White Rock Ranch, LLC Mark Youngdahl 109 East Myrtle Street Stillwater, Minnesota 55082 ZONING: Agriculture(AG), Shoreland Overlay District 120-DAY PERIOD ENDS: June 13,2007 ITEMS REVIEWED: 1. Application and narrative with attachments. 2. Plan sets. 3. Aerial photo. 4. Comments from Washington Conservation District (e-mails sent January 16, 2007, and February 21, 2007). BRIEF DESCRIPTION OF THE REQUEST: The Applicant proposes a standard major subdivision partially located in the City of Forest Lake and partially located in the City of Scandia(79.6 acres in Forest Lake and 25.6 acres in Scandia, or 105.2 acres in total). The entire subdivision is for 14 lots, 6 of which are at least partially located in Scandia. The 6 lots in the City of Scandia are riparian lots. Lots 1 and 2, Block 2, would not have structures in the City of Scandia; the structures would be on the portion of the lot located in the City of Forest Lake. Lot 3 has an existing home, which is located in the City of Scandia. Lots 4 and 5 show the proposed building pads on the City of Scandia portions of the lots, and Lot 6 is completely within the City of Scandia. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity White Rock Ranch Page 2 February 27, 2007 City of Scandia BACKGROUND: The subject property is zoned Agriculture (AG) and is within the Shoreland District for White Rock Lake. White Rock Lake is classified as a Natural Environment Lake. The Ordinary High Water Level for White Rock Lake is 960.4 feet. The landscape of the City of Scandia portion of the property includes the lake shore, wetlands, agricultural fields, and woodlands. The City of Scandia portion of the property has an existing house and farmstead structures. The Applicant proposes to keep the existing home, shed, and granary building on Lot 3, Block 2. The two existing barns shown on Lots 3 and 4, Block 2, would be removed. EVALUATION OF THE REQUEST: Density and Lot Size All of the proposed lots in the City of Scandia are first-tier lots. The Scandia Zoning Ordinance, Shoreland District, allows a minimum lot size of 5 acres for the first tier of lots on a Natural Environment Lake. Lots 1 through 6, Block 2, range in size from 5.2 to 11.9 acres above the OHW. All of the proposed lots meet the minimum lot size requirement of 5.0 acres. Wetlands There are 5 wetlands on the entire site(White Rock Lake is identified as the sixth wetland in the wetland delineation report). Two of the wetlands are within the City of Scandia. A significant portion of Lots 4, 5, and 6, Block 2, is wetland. The wetland delineation was reviewed by Rice Creek Watershed District and approved on November 7, 2006. The project requires a permit from the Rice Creek Watershed District. Within the City of Scandia, the project shows proposed wetland impacts on Lots 5 and 6. The associated mitigation is proposed on Lot 4. The Washington Conservation District(WCD)provided comments in two e-mails dated January 16, 2007, and February 21, 2007, sent to the Rice Creek Watershed District regarding the proposed impacts. The WCD recommendations are that the local municipalities verify conformance to local codes and consider if there is objection to the proposed filling of wetlands. In regard to the lots in the City of Scandia, the WCD recommends covenants to specify that Lots 5, and 6, Block 2, "have extensive wetlands that may limit the landowner's use of the land, and that activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process." The Planners recommend that this language is included in the covenants. The wetland impacts are proposed so that the houses may be located closer to the lake shore. The Scandia Development Code does not prohibit wetland impacts,but requires that the alteration of wetlands comply with federal, state, and local agency rules. The size of the wetland impacts for the driveway on Lot 5 is approximately 975 square feet, while the wetland impact for the driveway on Lot 6 is 529 square feet. The Applicant will mitigate the wetland impact on Lot 4 of the subdivision. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity White Rock Ranch Page 3 February 27, 2007 City of Scandia From a practical standpoint, the wetland impacts could be avoided by locating the houses closer to the proposed road. However, the main value of the lakeshore lots is having houses closer to the lake. Since it is not possible to extend the driveway down to the lakeshore without wetland impact, since the wetland impact will be mitigated on-site, and since the mean value of the lakeshore lots is having houses close to the lake, the Planners recommend allowing the wetland impacts provided appropriate conservation measures are implemented during construction, and provided that wetland mitigation is provided on Lot 4. Setbacks The required structure setback is 200 feet from the Natural Environment Lake OHW, and the required sewage treatment system setback is 150 feet from the Natural Environment Lake OHW. A front yard setback of 40 feet and a side yard of 20 feet are required. In this case,the lakeshore lots have frontage on both the lake and the road, and so the front yard setback is measured from the street as well as from the lakeshore. All lots meet the OHW setback, front yard setback, and side yard setback requirements. Wetland setbacks must be 75 feet from the Wetland Ordinary High Water Level, or 20 feet from the wetland delineation,whichever is greater. The proposed subdivision conforms to the wetland setback requirements. Lot Width The Scandia Shoreland District for Natural Environment Lakes requires a minimum lot width of 300 feet. Because Lots 1 through 5, Block 2,have their road frontage in the City of Forest Lake rather than in the City of Scandia,the lot width is measured at the municipal boundary. Lots 1 through 4 have a width of 300 feet, Lot 5 has a width of approximately 400 feet, and Lot 6 has a width of 320 feet. The proposed lots conform to the width requirement. Buildable Land One acre of contiguous buildable land is required on each lot. The Scandia Zoning Ordinance states that on a Natural Environment Lake, the buildable area is the lot area outside of setbacks,but measured from 150 feet from the OHW rather than from the 200 foot setback, and land outside of any floodway, drainageway, or drainage easement. In this case,the Applicant used the 200 foot OHW setback to calculate the buildable area and therefore, the amount of buildable area for each lot is likely greater than reported. A portion of a wetland was mistakenly included in the buildable area for Lot 5, Block 2. This wetland area with setbacks is approximately 10,000 square feet. Deducting this 10,000 square feet from the reported buildable area of 2.5 acres still yields a buildable area greater than the minimum of one acre. The reported buildable area for Lots 1 through 6, Block 2, range from 1.4 to 3.5 acres, and so conform to the requirement. Impervious Surface The Ordinance allows a maximum impervious surface area of 25 percent for each lot. The plans report the impervious surface for the entire site within the City of Scandia as 3 percent. The Applicant's Engineer followed up in an e-mail reporting the impervious surface for Lots 3 through 6, Block 2, ranging from 2.8 • White Rock Ranch Page 4 February 27, 2007 City of Scandia percent to 5.13 percent per lot. (Lots 1 and 2 do not have any impervious surfaces in the City of Scandia.) The proposed subdivision conforms to the impervious surface standard. Sewage Treatment System Locations The Site Plan shows proposed sewage treatment areas and boring locations. All proposed sewage treatment system locations within the City of Scandia are outside of the 150 foot setback from the OHW and outside the 75 foot wetland setback. The application materials include a letter from the Washington County Department of Public Health and Environment. The letter states that all lots have suitable soils for sewage treatment systems. Woodland Preservation The Scandia Development Code, Chapter 2, section 9.11,requires woodland preservation and replacement. The Woodland Preservation Plan shows that woodland will be removed for driveways on Lot 6 and Lot 3, Block 2. The Plan identifies nine significant trees within the woodlands that would be removed. The number of replacement trees is calculated based on either the area of significant woodland or the number of significant trees,whichever yields a greater number of replacement trees. On Lot 6, approximately 10,000 square feet of white oak, cherry, and aspen woodland would be removed. The replacement requirement is based on a unit of 125 square feet of woodland removed. Therefore, eighty, 4 inch caliper deciduous trees (category A), one hundred sixty, 2.5 inch caliper deciduous trees (category B), or three hundred twenty, 1.5 inch caliper trees (category C), would be required to replace the woodland removed for the driveway. On Lot 3, the driveway would cause removal of approximately 1,500 square feet of pine, spruce, oak,maple, birch, and cottonwood woodland. The requirement for replacement trees in this area is: 12 category A trees, or 24 category B trees, or 48 category C trees. The required replacement trees must be shown on the Woodland Preservation Plan. The Woodland Preservation Plan references the protective measures., the Plan should be revised to cite section 9.7(5) not 9.7(7). Landscaping Plans The landscaping plan shows a mixture of trees that are on the list of recommended landscaping trees within the Development Code: red maple, river birch, common hackberry, northern pin oak, swamp white oak, and red pine. The Scandia Development Code calls for 5 over-story trees per residential lot. The Landscaping Plan shows 62 trees for the 14 lots, or 4.4 trees per lot. The Code allows for a reduction in the number of trees if the plan reflects the natural landscape. Because much of the existing wooded areas will remain and because a number of native tree species were chosen for landscaping material, the Planners find the number of landscaping trees proposed to be adequate. White Rock Ranch Page 5 February 27, 2007 City of Scandia Driveway Location Driveway access is provided off of a new proposed local street in the City of Forest Lake, Kees Road. Driveways for Lots 5 and 6, Block 2, cause the wetland impacts. The driveway for Lot 6 also causes disturbance of a woodland of white oak, cherry, and aspen(see Woodland Preservation). The City Engineer provided comments regarding the driveways and grading of Lots 5 and 6 in an e-mail to the City Administrator. The City Engineer recommends that the driveways for Lots 5 and 6 be graded and constructed, including the gravel surfacing, when the streets, ditches, culverts and infiltration basins are constructed so that the driveways are installed per the plan to avoid wetlands. The City Engineer will also need to receive grading plans for Lots 5 and 6 before homes are constructed. The grading plans for the lots will need to be submitted when the owners apply for building permits. The City Engineer also noted, "Although it doesn't pertain to Scandia, the street section shown is inferior and I would recommend it be increased to meet 7-ton axle load standards for the City of Forest Lake." Accessory Structures,Lot 3 The subject parcel would be 6 acres. Two accessory structures with a maximum area of 2,500 square feet are allowed on a parcel this size. The Applicant proposes to keep an historic granary building(600 square feet) and a brick shed (225 square feet) on the property. With the removal of the two barns, Lot 3 will meet the accessory structure standards. Park Dedication/Fee The subject property is not within the park search areas or contain the proposed trails designated in the Scandia Comprehensive Parks Plan. The park dedication fee, in lieu of land, is $1,500 per lot for the three lots which propose new houses located within the City of Scandia. Credit is given for the existing house. The park fee due for the project is $4,500. Covenants The Applicant provided draft architectural guidelines. The Planners recommend that the Covenants state that Lots 5 and 6, Block 2,have extensive wetlands that will limit the landowner's use of the land, and that activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request White Rock Ranch Page 6 February 27, 2007 City of Scandia PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval of the White Rock Ranch preliminary plat dated February 12, 2007, with the following conditions: 1. That the Final Plat is consistent with the Preliminary Plat dated February 12, 2007. 2. That a permit is received from the Rice Creek Watershed District. 3. That appropriate wetland protection measures are implemented during construction. 4. That wetland mitigation is provided on Lot 4. 5. That the woodland replacement provisions for Lot 6 are followed. Based on the woodlands to be removed on Lot 6 for the driveway,the tree replacement requirement is: 80 category A, or 160 category B, or 320 category C trees. 6. That the woodland replacement provisions for Lot 3 are followed. Based on the woodlands to be removed on Lot 3 for the driveway, the tree replacement requirement is: 12 category A, or 24 category B, or 48 category C trees. 7. That the Woodland Preservation Plan references the protective measures citing section 9.7(5) not 9.7(7), and that these protection measures are followed during construction. 8. That the Covenants state that Lots 5 and 6, Block 2,have extensive wetlands that will limit the landowner's use of the land, and that activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process. 9. That the driveways for Lots 5 and 6 are graded and constructed in their entirety, including the gravel surfacing,when the streets, ditches, culverts and infiltration basins are constructed. 10. That the grading plans for individual lots are submitted when the owners apply for building permits. 11. That Lots 1 through 5, Block 2, which have land area in both Scandia and Forest Lake, are recorded so that for each lot, the two parcels of land cannot be separated, and that the parcel without the structure cannot be used as a separate buildable lot. 12. That all fees are paid. J. f_; _ - R21W R2OW RIOW YOU ARE HERE ''e,' T32N T32N • FOREST,LAKE • SCANDIA • • T3IN 1 T3IN ,',' ,� : T3ON / T3ON r . . .l .:: •! T29N T29N • • • . T2RN i T2RN v. . . '�,„;. -- . .... • • f• T27N ---t I, T27N • '....Z.' t ( R22W R21W R2OW . Vicinity Map .\• h• oc k ',.../ i 4111 '*.'45 • , . ...%.„,. t. _,,2 N. % I \ \ ' E./ ., • • s. )I • r-- t, . • 1 (g(1411. ,t,4, • f " o es�_ 1724 • ilt. • I 1 ' J • Scale in Feet 11* • • �W • • This drawing is the result of a compilation • IIII; • and reproduction of land records as they • appear In various Washington County offices. • • • The drawing should be used for reference • _ � purposes only. Washington County is not --' • '` I • . ' • responsible for any inaccuracies. • I "-"` Source:Washington County Surveyor's Office. /I/�/ • • • • • Phone(651)430.6875 -� - ' Parcel data based on AS400 information Location Map • \ - i '- - current through:December 31,2006 ) Map printed: February 14,2007 G///, 4: iii ,W1-07197d:/ 4/.41°4 -7-.40 6 7e,e,/ wnite Kock Ranch, WCA application Page 1 of 1 Berry E. Farrington From: Jyneen Thatcher[jethatc@mnwcd.org] Sent: Tuesday, January 16, 2007 1:48 PM To: kpowell@ricecreekwd.com; lynda.peterson@bwsr.state.mn.us; daniel.j.seemon@mvp02.usace.army.mil Cc: David Heinrichs; Anne -New Scandia; Berry E. Farrington; Borglund Doug Subject: White Rock Ranch, WCA application Ken- I have reviewed the application materials submitted to the RCWD on Dec 15, 2006, for the White Rock Ranch project. Based on those documents and our field review of the wetlands this past fall, I offer the following comments: 1. I share your concern for the lack of alternatives, in particular where the selected design includes wetland impacts. 2. Because this development straddles the boundary between two municipalities, it would be helpful to have this review be concurrent with the planning/zoning review, to correlate the constraints. In particular, Lot 6(farthest south of the lots in Scandia) appears to have the upland segmented into multiple areas, separated by wetlands. Contiguous land is being obtained by wetland fill. I suggest the municipalities verify that the lots conform to local zoning. 3. Lots 5 and 8 each have upland fragments separated by the wetlands. Deed restrictions or other measures should be used to inform the buyers of these lots of the regulatory process to construct a crossing to these fragments. 4. I also share your concerns with the design of the mitigation area. Further, the plan drawings are inconsistent regarding the size and shape of the proposed basin; one drawing shows some on both Lot 4 and 5, the other just Lot 4. 5. It is good to see that some infiltration is being attempted on site. If the applicant provides satisfactory responses to the above comments (to your/RCWD satisfaction), and if the municipalities have no objection, I would not object to the approval of this application. Jyneen Thatcher Wetland Specialist Washington Conservation District 1380 W. Frontage Rd; Hwy 36 Stillwater, MN 55082 651-275-1136 X 25 jyneen.thatcher@mnwcd.org 2/15/2007 M Berry E. Farrington From: Anne Hurlburt[annehurlburt@frontiernet.net] Sent: Wednesday, February 21, 2007 11:56 AM To: Richard E. Thompson; Berry E. Farrington; Tom Peterson Subject: FW:White Rock Ranch FYI Original Message From: Jyneen Thatcher [mailto:jethatc@mnwcd.org) Sent: Wednesday, February 21, 2007 11:47 AM To: kpowell@ricecreekwd.com Cc: lynda.peterson@bwsr.state.mn.us; Anne -New Scandia; Borglund Doug ; David Heinrichs Subject: White Rock Ranch Ken- ' I have reviewed the supplemental materials submitted for this application, and they appear to satisfy some of my earlier concerns (e-mail January 16, 2007, items 1 and 4) . But my concerns remain for the filling of wetlands to gain contiguous acreage. I again suggest the municipalities verify that the lots conform to local zoning, and that the municipalites have no objection to the proposed fill. Furthermore, I suggest a deed restriction or covenant (or similar measure) specify that Block 1 Lot 2, and Block 2 Lots 5, 6 and 9 have extensive wetlands that may limit the landowner's use •of that land. Activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process. Feel free to call if you have questions about these comments. Jyneen Thatcher Wetland Specialist Washington Conservation District 1380 W. Frontage Rd; Hwy 36 Stillwater, MN 55082 651-275-1136 X 25 jyneen.thatcher@mnwcd.org 1 • ouwl++si.un L•Ul r vablun b3IelDIL54 02/22/2007 13:09 4011 P. 001/002 Notice of Decision NOV 0 8 2006 Minnesota Wetland Conservation Act Mailing Date: 11/7/06 • LGU: Rice Creek Watershed District(RCWD) 4325 Pheasant Ridge Drive NE, Suite 611 Blaine, MN 55449 Project Name: •White Rock Ranch RCWD Ref. #: 06-105R Location: New Scandia Township, Washington County Name of Applicant: Mark Youngdal c/o Hult Associates Wetland Decision Type: Wetland Boundary Determination Date of Decision: 11/7/06 • . Description of Decision: A wetland delineation report was submitted on 9/20/06: The delineation was reviewed by the RCWD and Washington. Conservation District staff on 10/20/06. A few minor adjustments to one of the boundaries was recommended. A revised wetland boundary map was received on 10/26/06. The RCWD approves the delineated wetland boundaries as depicted in the attached figures for use in implementing the Wetland .Conservation Act. Wetland delineation approvals are generally valid for a period • of 3 years. You are hereby notified that the above-referenced decision was made by the Local Government Unit on the date stated above. The decision becomes final if not appealed to the Board of Water & Soil Resources within 30 days of the mailing date. - 1/ / Ken Powell, Permit Coord. Date C: MN.Board of Water and Soil Resources,ATTN: Lynda Peterson U.S.Army Corps of Engineers,ATTN: Dan Seemon Washington Conservation District ATTN: Jyneen Thatcher MN DNR Ecological Services,ATTN: Wayne Barstad New Scandia Township OPTIONAL FORM 99 -00) j -VI Consultant, Hult Associates ATTN: FAX TRANSMITTAL s or aaee, ► 'Z- To Alf' >Y•fr iri FI7.711 kic2 DeplJApert — • 1 Phone# Fax p Fax# G•S/ • 2-72. -c0.73 NSN 7540-01 317-7368 5099-101 GENERAL SERVICES ADMINISTRATION August 1, 2006 The Planning Commission of New Scandia Township held their regular monthly meeting on this date. In attendance were Chairman Chris Ness, James Malmquist, Peter Schwarz, Donnette Yehle and Kevin Nickelson. Donnette Yehle made a motion to approve the minutes from the July 11 meeting. Kevin Nickelson seconded the motion and the motion passed. White Rock Ranch, L.L.C.: Mark Youngdahl—Concept of a Major Subdivision Mr. Mark Youngdahl presented a concept of a major subdivision for 105 acres of which 25 acres resides in Scandia. The Scandia portion of the subdivision would have six 5-acre lots on White Rock Lake. Five of those six lots would have two property identification numbers, as part of the lot would be in Forest Lake and part in Scandia. The PIDs would be legally tied together so the lots could not be split in the future. The new road would also lie in Forest Lake. There was some discussion of sacrificing the required 300 foot lot width on some lots so that the existing granary building could meet sideyard setbacks and remain on the same lot as the existing house. The other two metal buildings would be removed. It has yet to be determined as to which town the primary parcel would be identified with for the split parcels. The Planning Commission said that everything else seemed to be in order. The applicant will go before the County Board and then Forest Lake this month. • RECEIVED SEP - 8 2006 MINUTES OF THE NEW SCANDIA TOWNSHIP WASHINGTON COUNTY PLAT COMMISSION August 16,2006 MEMBERS PRESENT: Sam Gibson Gary Kriesel George Kuprian Joe Lux Dennis O'Donnell Pete Young OTHERS PRESENT: Dale Hebeisen Craig Hinzman Ann Pung-Terwedo Kathy Redman Susan Wieczorek Mark Youngdahl 09:33— 10:02 a.m. -The Plat Commission met to review the concept plan of White Rock,Section 31, Township 32 North, Range 20 West, in New Scandia Township. Everyone introduced themselves. Chair Dennis O'Donnell, Land Management Senior Planner, asked Mark Youngdahl, Senn & Youngdahl, to give the Plat Commission an overview of the proposed plat. Mr. Youngdahl stated that the proposed plat includes approximately 80 acres located in the City of Forest Lake and approximately 26 acres located in New Scandia Township. The land was purchased in 1958 by Tim and Helen Glenn and upon their death in 2004 the property was passed to their three children. Subsequently, their daughter Barbara was interested in subdividing the property and in 2005 she formed a partnership with Mark Youngdahl called White Rock Ranch, LLC and the subject property was purchased from Ms. Preiner's two siblings. The "split parcel I.D."approach is planned to achieve zoning regulations that fall within the Shoreland Zone area. New Scandia Township Planning Commission and Town Board reviewed the modified plan of this proposed subdivision at their meeting August 1, 2006. Mr. Youngdahl stated that a newly revised plan is being submitted to the County Plat Commission today with the major revisions of six lots on the lakeshore. He added that their attorney, David C. Anastasi, was advising them in regard to the split parcel ID procedure. Mr. O'Donnell asked Mr. Youngdahl to explain the reason for the revised layout design. Mr. Youngdahl replied that the reason for the revised design was to avoid wetlands areas and still configure 5 acre lots on the lakeshore with 10 acre lots on the remainder of the property. Dale Hebeisen, Hult and Associates, Inc., showed a plan with shaded areas denoting 1 acre buildable areas which meet the Township and County requirements. Mr. O'Donnell asked what the driveway and road impacts would be on the wetlands. Mr. Hebeisen replied only minor impacts on lots in the southwest corner of the plat. Mr. Youngdahl noted that soil testing was pending. Mr. O'Donnell asked what was the 100 year flood elevation and if White Rock Lake was a landlocked basin. Mr. Hebeisen replied that it was near the delineated wetland line. Mr. O'Donnell stated that the County was requesting additional information be submitted in that regard. Mr. Hebeisen added that the property was located in the Rice Creek Watershed District. Mr. O'Donnell stated that the buildable acreage calculations on each lot would require further County review. Wash. County Plat Comm. White Rock August 16, 2006—Page 2 of 3 George Kuprian, Assistant County Attorney, asked where the building pad locations would be on the five lots split between the City of Forest Lake and New Scandia Township and how those lots would be assessed. Mr. Hebeisen replied there were six lots to be split. He added that the issue would be further reviewed. Mr. Kuprian recommended, since there were two separate municipalities involved,Mr. Youngdahl speak with the County Assessor in that regard. Mr. O'Donnell stated, since there would be two parcel ID's on each lot, there would need to be a covenant and a development agreement to tie the parcels together in perpetuity and prevent tax forfeiture situations. Pete Young, Washington Conservation District Land Use Conservationist, submitted the following comments based on WCD's review of the concept plan of White Rock: 1. Although the Rice Creek Watershed District will be reviewing the wetland delineation for the project, please also submit a copy to WCD. 2. Due to the proximity of wetlands, proper erosion and sediment control during construction will be critical. For the preliminary plat submission, please include erosion and sediment control plans that clearly show measures to prevent impacts to wetlands during construction. 3. There are opportunities for on-lot infiltration practices.such as rain gardens due to some A-type soils indicated in the Washington County Soil Survey for the property. Infiltration techniques should be considered as the first option for stormwater management according to the County Development Code. WCD is available for technical assistance in developing innovative stormwater management plans; please contact our office for more information. Mr. Youngdahl stated that they would be working with TKDA for the engineering calculations. Mr. O'Donnell asked were rural sections planned for the road. Mr. Youngdahl replied they prefer that option including highly vegetative gentle ditches. Joe Lux, Senior Transportation Planner, stated that he agrees that rural section ditches would be preferable. Sam Gibson, Survey Project Coordinator, recommended that Mr. Youngdahl contact the County ATSE Department for further information on procedure in regard to the split ID proposal. Mr. Gibson stated that the street names must comply with the Washington County Uniform Street Naming and Numbering System. He added that the final plat is subject to the complete review and approval by the County Surveyor's Office. Ann Pung-Terwedo, Land Management Senior Planner, acknowledged that other plans were considered; however this plan was found most acceptable. Wash. County Plat Comm. White Rock August 16, 2006—Page 3 of 3 Chair O'Donnell stated that at the concept plat review stage there is no formal acceptance or denial of the proposed plat. He indicated that since a new plan was submitted today and we have not had a chance to closely review it, some issues may come up that were not discussed today; however the following summarizes our comments: • Buildable area calculations on each lot needs further review. • Wetland delineation information needs to be submitted to Washington Conservation District Office. • Street names need to comply with the Washington County Uniform Street Naming and Numbering System. • Development agreement is required tying PID's together to eliminate the possibility of the parcels becoming tax forfeit. • Encourage infiltration in regard to stormwater ponds. • 100 year flood elevation calculations are required. • Revised detailed wetland impacts are required. • Soil testing needs to be completed and submitted to the Washington County Department of Public Health and Environment for their complete review and approval. Respectfully submitted, Susan Wieczorek, Recording Secretary Department of Transportation and Physical Development Survey and Land Management Division Copies to: Plat Commission members Mark Youngdahl,White Rock Ranch, LLC/owner/dev Dale Hebeisen, Hult & Associates Inc./Surv/Eng Dennis Seefeldt, New Scandia Twp Bd Chrn Chris Ness, New Scandia Twp Ping Comm Chrn Brenda Eklund,New Scandia Twp Clerk File CITY OF SCANDIA,MINNESOTA RESOLUTION NO. 03-06-07-04 WHITE ROCK RANCH PRELIMINARY PLAT WHEREAS, White Rock Ranch LLC, Mark Youngdahl has made application for a major subdivision, preliminary plat to allow subdivision of 105.2 acres into 14 lots, of which 25.6 acres are located within Scandia, located at 18881 Keystone Avenue North; and WHEREAS, the property is legally described as follows: The Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of Section 36, Township 32 North, Range 21 West; also Government Lot 7, Section 31, Township 32 North, Range 20 West, excepting the Southerly 660 feet of said Government Lot 7; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on March 6, 2007, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of White Rock Ranch LLC, Mark Youngdahl for a Preliminary Plat. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the Final Plat is consistent with the Preliminary Plat dated February 12, 2007. 2. That a permit is received from the Rice Creek Watershed District. 3. That appropriate wetland protection measures are implemented during construction. 4. That wetland mitigation is provided on Lot 4. 5. That the woodland replacement provisions for Lot 6 are followed. Based on the woodlands to be removed on Lot 6 for the driveway, the tree replacement requirement is: 80 category A, or 160 category B, or 320 category C trees. Resolution No.: 03-06-07-04 Page 2 of 3 6. That the woodland replacement provisions for Lot 3 are followed. Based on the woodlands to be removed on Lot 3 for the driveway,the tree replacement requirement is: 12 category A, or 24 category B, or 48 category C trees. 7. That the Woodland Preservation Plan references the protective measures citing section 9.7(5) not 9.7(7), and that these protection measures are followed during construction. 8. That the Covenants state that Lots 5 and 6, Block 2,have extensive wetlands that will limit the landowner's use of the land, and that activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process. 9. That the driveways for Lots 5 and 6 are graded and constructed in their entirety, including the gravel surfacing, when the streets, ditches, culverts and infiltration basins are constructed. 10. That the grading plans for individual lots are submitted when the owners apply for building permits. 11. That Lots 1 through 5,Block 2, which have land'area in both Scandia and Forest Lake, are recorded so that for each lot, the two parcels of land cannot be separated, and that the parcel without the structure,cannot be used as a separate buildable lot. 12. That all fees are paid. Adopted by the Scandia City Council this 6th da March. 07. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk Resolution No.:03-06-07-04 Page 3 of 3 State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Scandia, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the Scandia City Council on March 6, 2007 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such City Clerk and the corporate seal of the City of Scandia, Washington County, Minnesota this day of ,2007. Anne Hurlburt Administrator/Clerk City of Scandia • • 1/ • • 4 it • • • YMiwr_ v. • • • • ,. • 4n a, noentcu rya 1. PROJECT TEAM 2. INTRODUCTION 3. PROPERTY HISTORY 4. COMPANY HISTORY 5. BUILDING RELATIONSHIPS 6. PROPERTY OVERVIEW 7. PROPERTY OVERVIEW 8. DNR INFORMATION 9. SPECIAL CHARACTERISTICS 10. SPECIAL CHARACTERISTICS 11. INFRASTRUCTURE CONCEPTS 12. ARCHITECTURE 2au„,e,„ r t aril Developer White Rock Lake, LLC 109 E. Myrtle Street Stillwater, MN 55082 (612) 328-0010 Planner Senn & Youngdahl 109 E. Myrtle Street Stillwater, MN 55082 (651) 351-1450 Lead Design Build Firm Senn & Youngdahl 109 E. Myrtle Street Stillwater, MN 55082 (651) 351-1450 Surveyor and Project Engineer Hult &Associates, Inc. 6641 Lake Boulevard Forest Lake, MN 5025 (651) 464-31 Phase I Environmental Site Assessment Wenck Associates, Inc. 360 N. Robert Street Suite 711 St. Paul, MN 55101 Title Company Land Title, Inc. 12415 55th Street N. Suite A Lake Elmo, MN 55042 APPROACH With a passion to envision, plan, design, and build special places that endure, Senn & Youngdahl considers it a privilege to bring forth a special and unique property. Provided in our package is an initial approach to this property that is intended to: 1. Take great care for the land and its history 2. Provide a comprehensive planning approach that addresses the multi-jurisdictional community boundaries 3. Provide a fair and equitable approach for the land owner Taking seriously the responsibility entrusted to us by the Preiners, Senn & Youngdahl is seeking to do something special with White Rock. By leading the planning and design build team, our sincere desire is to envision, plan and build a creative and truly unique place that provides enduring value for the new residents, neighbors, and surrounding community members. � €r r K1C6 `' ,, •• • - _ s-,. -r ' �A.-;', , a .r t,..t 1+ -,-g ' ; ,` ',''. at L . '3' 3 ' �, a^ i 43 tGr { ,;f� ;>;r "3 "` ,,t 1 +a 'f' ` 21 w r ' 'r~ I fish'''. �k r r 1zi d r , t�� r" � � t'ffa.ea^ s a w Ap t n i 4 ` a{ r ,� ..r t-ma. : ' 'r ma' 4 .i • i L tr i ,eYJ `'4 i f !LJ, 'es, .' i � t' q y 3 ' 1` 4 1ys T r^, r` t K 4� k` ! 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' $c ¢ "-j 2 ii.,,,,.. „,,,,,,i. 20 0E1 r a, vvv , .w; ‘7,..,, ',.- -:--- ,..T-:,,,- i' GLENN / PREINER HISTORY OF THE LAND When beautiful land such as the subject of this discussion is considered for development, it is not an easy decision for a family to make. The Tim and Helen Glenn family purchased this land in 1958 in what was then known as "The Big Lake Community." In addition to farming the land, Tim worked for 3M Company while Helen was home with their three children. The Glenns creatively and painstakingly rebuilt their 1900 farmstead after work in the evenings and on the weekends. With salvaged materials such as wood taken from the dismantled Saints ball park fence on University and Lexington, with spindles and beams from the old Stillwater Brewery Livery Stable and from bricks removed from two homes in Stillwater which were to be torn down, the Glenn home slowly was reshaped. Thanks to Tim's excellent carpentry skills and Helen's seamstress expertise, the Glenn farmstead remains today a witness to their loving investment. p • '• With the passing of Tim ,' ' ,; ,1:‘ ::, and Helen, their children were left with the decision e•i`` '�,.,. , '� . '>%'=�'� r:,.....14 ` of what to do with the .a M `° ` ` + .i Al.:% acreage inherited by them " 2 pl6�s ! / �/ti/- - 'x", ►.' in 2004. During the next ^ .r\ ' � f i � � v_ ,, two years, the siblings ty maintained the homestead ,; h � � � ' and land while ;� �,��' -y„ . �+•'"' contemplating its future. Of the three siblings, it was r�` ;_ �`�,:� �, � Barbara with her husband, i; ; , , � ��! „ Jim, who searched for a` '' . 'r� ;"` land planning partner. N,, ;�� r Having been residents of A ' °` 1 this Big Lake Community J� 1:1': ' '' '''''' '' ��f '; �4:j � { x `� ` '�':*.i1.\:: � � for over 30 years and z .••+ I992 , *i.: k raising two daughters on �t, rt; the farm's adjoining ;, n l �c, .F1: 4 , �' acreage to the north, it was ' , a= . , important to them to s � . • involve others in the ' '�' � � , property who would '4,, s 4„ } • respect the land and � , t. * , ) , � understand how to protect j, 1 its natural beauty. ."A`. 4vor_ / *{ A �, g , 3 hstoFy cor - 147, ny tr) PLANNER, DESIGN/BUILD FIRM Meanwhile, the design and build firm of Senn & Youngdahl began its journey in 1996. Born of a dream to reintroduce character-filled architecture into the marketplace, Senn & Youngdahl's commitment to design excellence has been unwavering. It has also been well recognized. The "Farmhouse" at The Fields of St. Croix in Lake Elmo helped to set the trend in the Twin Cities market and the resurgence of classic historical architectural styles. Literally thousands of people visited there and were inspired by this creative new direction. Senn & Youngdahl's work at the Fields of St. Croix has been seen in various publications. 1. y In fact, the first three houses built there by Senn & Youngdahl were featured on theILI cover of Land Development 9 ment magazine. ,� ' ` Furthermore, the "Farmhouse" at The Fields „ L,r was showcased world wide when Andersen ` Windows chose it to be featured in its various publications. i! rr.1 a f i+. •4.� Since then, Senn & Youngdahl has been the recipient of numerous local and national awards including the Reggie Award, the Trillium Award, and the Best in American Living Award (BALA) which is co-sponsored by the National Association of Home Builders and Professional Builder magazine. In fact, one of these homes was runner-up for the BALA "home-of-the-year" award! In addition, Senn & Youngdahl homes have been seen in numerous publications including Better Homes and Gardens, Professional Builder, and Target. Being closely involved with some of the Twin Cities' most innovative and well designed developments—Liberty on the Lake in Stillwater, Victor Gardens in Hugo, and Cobblestone Lake in Apple Valley—Senn & Youngdahl remains in the forefront of this marketplace. Since its inception, Senn & Youngdahl has sought to move beyond creating a place called home, to creating a place called community. Most recently Senn & Youngdahl has enjoyed the privilege of planning and are in the process of building a new 170 acre community in Lake Elmo, Tapestry at Charlotte's Grove. 4 k � — . _ ..„ THE TWO ROADS MEET Jim and Barbara Preiner spent some time getting to know Mark Youngdahl and familiarizing themselves with the work of Senn & Youngdahl. As a result, they . ' made the decision to entrust ' this special and unique property to the proven dedication of Senn & Youngdahl. Barbara Preiner and Mark Youngdahl formed : i a partnership called White '' S£ ' Rock Ranch, LLC in June of :, t ` ',r, ,r �•, 1 „� ?,f. ; °la r �., ,. �# .... 2005 and purchased the t ` „ r � ` . acreage from Barbara's two •u r.,..,,, siblings. For over a year ,, V ,r . ' now, they have been '�" 4, , ,� i ,,,,(2 , ,,, , ; }i. collaborating together to ' '� r 1/; 1 t , �`� ,�- k� ai' Kj t \i (,�a4�� t� tf�'§r ft de' : 4 )� �i r �,, create an approach that not �x � , $`';k 'r 4� `, •of :"?1 y ',:`1_ ` ` 4 1 + ; . << ?' 6,. Y Pp i'r s�' Fr'Ri i-7I sx� ���� � rt t z��t? �! r. "'S�fi4. �l • S� s' 9 `��. only recognizes the natural ht% rh ,,-, , a taw 4 < r r t,',' ', ,ice w ,x, 4',,f, 4 ti y beauty of this unique , ' �,. i>k -y-4' �,., 4 T. � .4��- �,, s r ; Yt t yrj� t .k j�'F.4T4 f-t NSF'? 1 f' property, but also respects . 4. � M -,,,,,s . taw, y ��7)4,111� x i ;s �. ;4, , 'I t its history, its neighbors, and .' , �, ` `f' �' •� • ''' ` ,'' t , � '' a'` iJ„'' � '' kfif\ 6 }'\t- "' )J'l''',44i' '. F r#,,t 1.. .+"�\"Zjl ,.n its potential for shared b .t; p � sf ,r f t 4; ,1 ,, C` , t' ' i t 4,$ 5/ i.r.'A!t ' '�'" tk;✓ `-f 'fir'; f enjoyment with future • m y l f ,; � b` , � ,' ,, r s,,, ' i �P"{ ` , , t{ ti ;Aiil owners. Wanting to be good - - 3_ �' ,�� ,; ' �� , y j , rx , , , t a 'j 1 }.'S� \,C! v'r 1S? • ,", T C�, k i r-mf, a x 1, .'-`"r t.o r, stewards of the land, and 7- � 1° �;z. � ',�' ',; '7�,,i„' `) � ; �, ' ,',� }{ •,=i `oi r ; j,; � \r'i believingthat thoughtful < ,� ' ' �� J ,,s, , planning coupled with good T )' : `x ,d r e ;<r, ;'r '.- ,'}, �' ' 1 t.r ','i4', ' T 4 r Aye J 1 r' ',t h f T .? i i :. �n / ,yi 1 r architecture will enhance , ,R, Y , , r � f t 1 t t 4',-.1 r �tr, s 4 ,f . 7.r f t , 'r,.,, ,7 '� rather than detract from its r t;� , °„f , ' ' • ^ •i. •, it'E�4 1 ,'i ,, . ' natural beauty, the �'+f!�4 !E �`El 1, ;r �t partnership believes it is now '` ' , )i r! , , ,} ' , '1 ri1 . t;,-,'`-' / 1:time for others to enjoy '‘ 1R,i4J ! ;7,',, ;v,[ 1411:11.„0,141,f4 '{ 11 ` i , White Rock. f 1 ��1j t �t ,r;, ,ll :'r r 1 • .`, `r� •4 `t�'',A r`, Al. 4t % < '� `- "'�,ys� f��r 7Ij `:l J' 1. 5 . #11. VII°, . 4 e ..,„ ., , _ , 13 ro „," Lt r y 0 ',.. w 1 1 VICINITY MAP 190TH STREET N. S 90TH r % WHITE N. ROCK - \° I 187TH STREET N. 0 LAKE F , BIG 186TH,W w 1� W �� �i%% Q STREET -)Q aI— N 185TH STREET N. I 0MARINE It. Ir —s::' z zQ z N\b' D �c N, Ix ��' 180TH S N\ LAKE 1 �-' ST. LN. II I / N. 180TH STREET N. THE LAND Located on the western side of White Rock Lake, is the Glenn Farm. This western y . shoreline runs approximately 2600' north to south. . From this shoreline, lies approximately 105 acres of rolling pristine meadows, woods,wetlands, and the Glenn home. r .a t d { t t. t tafwi ", h� .� l L 1y1�* t � � wf3 ���� P�ti � skit,j� �'� t v�t�3 ��1 Vt/.,4 " t li'j,.1 eyf /,t �`r o ' ,�G y IT,- i. ':4 \ rr r, �/ "., p, l/'' t d �ry r 4' 4 pt(,t try ¢ '�.�CIT - g if" ;,` ,�> J Y •JV �V �^�, 1, �t <"bps, ,� =4 �+ t}t } 4 $^fi '41 t ,t "� se,,,,, 1 E r ; 1 y r .�1t. .f ti; f t _ L� ��0?f �(� x4� r�l � �j� _ 3e ''�' >t! t 1' y, i all .�.a t o YF ',2, z,s E � ��� t f''t G y,� n 4 '� r� t *`t "�, { a z t,.` li- l�. I iy'; e "7!7 tttt�t r '1 a Ta C 1 ' r a �'} i -x i .E:�s s .. I t it t -. y AI C �� t il n t t ..c 1 • tr a i. +b r,. `,( , �i / it,LI \I `ICY �K ��,\4, ti t.i t ri��g_ ,i lY•'� `"# F `. t, � ! �� 'y4 ly!t ,�. 6 n property 0 e ri 11, 01,,Ire.... VI (.,-„,,,,,,,.. , '''''4 THE LAKE White Rock Lake is located approximately one mile west of Big Marine Lake and 1 miles north of the intersection of Country Road 4 and Manning Avenue. There is very little information on the DNR's website regarding this lake. (See attached website page.) The DNR has classified the lake as environmental. The lake is approximately 100 acres in size, 15+/- feet in depth, and largely sandy with a lower level of water visibility. General use consists of fishing, boating (power and non-powered), swimming, pleasure sailing, etc. '1,,,,t*:.e:r"-",,,,,': ' „t, b-.4,,,,,. *-,32-,,,-.2, te.:14';',49,''' '''Ytv _ _ p ,,,,,_,,e, ,,,,,,,,.__, , ,,, ., , ,,.! , ,_,, . ., . . t ^y C Uw•J3 -Z ` Ar �Ct { .,„ ity F -3 ., yt, f L,,¢ t T W .' <7fi!`�4i`%t f'(76 i . f ,i s:,,,f,t r - , •x- w, -. .. , a 1 ;,l x r1 f 1 t _ r 1. ,r ' i_ I f '_e t r ems#' . .ii ?.., at•"- t 2 , tam- �+v 1...., •"-,�--. �.eR„tea r�' na f 4.Rie h ,e- / t.4...;,..,/ •Ek .}. t r.144.1 c Dv -ice _ t ti „ 2 Yr 7 4. r. ,-.44 tii",. e , S K �- �forrne ' .„ Lake water level report:Minnesota DNR Page 1 of 1 „I, ,t ,. .",,,,..;;,—;----- , • ,• ' ,.ir }` ,- Enter Keywords search E 1 _ i !t ! Site Map I Contact the DNR I What's New?I Newsroom 1 Events&Seasons >MN DNR Home>Lake Finder> Lake water level report Lake name: White Rock County: Washington Water Level Data White Rock - 82087280 965 7 Period of record:04/12/1983 to 04/19/2006 1 #of readings: 170 964 Highest recorded: 964.54 ft(07/01/2003) l\ \,^ ]Iighest known:964.54 ft(07/01/03) 0 953 Lowest recorded:960.48 ft(04/12/1983) Recorded range:4.06 ft a Average water level:962.88 ft al 982• Last reading:962.51 ft(04/19/2006) QHW elevation:960.4 ft 961 399E 1999 2000 2003 2002 2003 2004 2005 Datum: 1929(ft) Last 10 years of data,click to enlarge. Download lake level data as: [dBase][ASCII](If you have trouble try right clicking on the appropriate link and choosing the"Save...As"option.) Benchmarks No benchmark information available. ,c;2006 Minnesota Department ofNatural Resources. Copyright Notice. Web site policies:Accessibility,Linking, Privacy http://www.dnr.state.mn.us/lakefind/showlevel.html?id=82007200 7/22/2006 8 n , pi ,.., ,„„,. 4,,,,,,„ ,11„,. 4, .,,,,,,, Nb-41,1 rptA..14 i r.,.... _ . , 4') i.,,,,,„ 'taw ,A,,,d5f ' ,ih• Ita, ° ' ' THE WETLANDS Particularly close attention is being paid to the wetlands scattered throughout the property. To date, a preliminary wetland delineation has been conducted. Additional wetland work will be necessary to further identify specific classifications and final setback requirements. � ' i i• '! 4 �, I 9, i J r ' , 4 r i +: . J :'r`'aC '+ayp " •f T'' n � I. jj ,,1M t 4�' t z4^`kE f i T1 Rty 441 4! �r '8�r_ eft,i6v ;i x L '',1 I t`�f� ! i , �yy p* �11 r �r e� 1++ *Y v t4� 4 > c�'��+�''' ,rep gAi- 1!-a,y' � Y� "h y� '�`� °�� s �� a � �-��' :*A'', �fz' q � J Gtt, * �X� n •. 4 ri4 .i y ri 1 f i v7 ( F ✓'�"xr- •' '� F^ ,r ' iJ r .� fags 4r t't - rr rx ': t, .., .., i •1- r1,/�, ;{t' t r,r: r i � ��}�€ � f �J ,f.L�,.I t1+� �y 4if+, r jr,;:,'..,':, t� �� �,v!�f �1 ( 1.-G�` A <�v , ( � " i �, � r ,,,,t I i s .41' a � � c 'Y z , f` f " feu, :�, i i `,! f ,� �. r � tt�,a'� °."7 g. y �T;k1 r��f � / ,� , x��i � � f �1:'1 � Q �4f . ,Y ��,' pJ. y r V1 } 1 ` f , !.•j". G}' v.: �'�" f .��� r � `' ;-1 J:}� r' ! THE WOODLANDS & MEADOWS The property is close to evenly divided between natural native woods and meadow. 7, M i. ,✓ .fir*" ` '\ p.d it ry .•.•`.y ?.rr�` f 4h.,Y:� t ti'' ! ,-F, f.�r�y''„" .s!�(4-:?.-; i,l. •L.'E` nt3s �. a :,..- ,, ry! n�, + 7"r r ra�f j r _1 e,„‘.,.., i,,,4,..., „...,;.7 .,. • ii:i _l__ _, '''-'1•-,,''''•-t,' -•-•'8"'."—''• — 4 '' T ^,p..-• / ,ra?I y• � S- '+ r . . w M1 .r -- r f' fY,ri'f•b, l,-h A �,f ,..rw,.� h r'T - . ia.r � �l ' f .� 4... it gy. f.,.14'0 r t #/`u a 3 i r�� M ti , #� .�- ��' +� .�!d. .t. - �y •.......r.0-. . .. " , i ,, 4, kt 1 'r :"'y' Ids ;;F riiM;• {� !yam r.'ti, • rN. ,jx � Kx ;4Kf 'r., 3 ‘ i, .t` ..1 f kr _;z< •# • s. � 0' 1' sM!�1� •Tr -. Tt I,,,. : .°, 'b . X 4x ! �r q: aJ.- U + y'c''' , - -.IP /4 -2,.-- , i 1 .. xtl, - s4 \��p V g , x� :, `,,7,'• y s,'R�i �'T'�, f 1' 4'�'` - ' i "s. it r<r,. ! r,' . i J•�a 1 -'' I I � .1' +':'I° ' 'M°k 4r4``` ' Wes` •.'.rr �J , �I ''' I �I I , •ri f 9.. ,�11� F. 't Yr�,',fir F.i.fRv ' 0; : ,,,,/.{�'-(�'°#rf `Sale 1.. - n !rt f1 xJ.,•ti7' r� 1$„ yi ' /w. i ; r t ,� a.,4 • it ' " .- .r . _ .r '° � ' �•i' Fl±!' -�5,p y /�_ rr" :fi r i 3 r + a r�'+. _ ... Xr441k •01 + -cj , 'ikr 'r k 'f. ? 5.t • I ' r { ` , .,r• f ,., ',\YL .::i- i :', .(r �',9fiid J# v vie x~6_,V. ": f I,uS7'C 9 • } v e ,.,„,,, 4.1rp 1 r i e.--- e:-,::,, . � 4 F 7,H --r.1{ 0 . k , .ta, %fie '.1, ,..,- EXISTING FARMSTEAD Depending on the final lot layout and configuration, our hope is to retain the existing farmhouse, matching shed, and freestanding building. t y3E' r are Vrj • Y .' A\ F;4.t �... i ? fL'iWWM • r +, rer • t. .,a .. pry �" ..,:s. '�_"� �r•`Y•,,,,�' �aP - _ ..Ai'' !+µ t r s3; y, .f'F .r.ry �i J. 4 4 '0 s• F •'k Ifs 7' r X �!► � f' .VVr' . Y 4:.'r d ..b y. ' 1M., Via rr � � ',�. 71 F , - x � <Y!• a ' vUi � 111 L, I . Q: _.. L-. . We plan to remove the large steel barn and storage building. ' .5 o ,.,fit I. Atis iti ..)14, i P Via:t -'+' 1 • x, I r l•• r.. - - 10 A jo,„ i .fra .62.x ." F,14z , et% ,41=1),Afv-, r „ WELL AND SEPTIC Private well and septic systems will be planned for specific area locations identified through future perk testing and soils analysis. STORM WATER MANAGEMENT We plan to incorporate "Green" design and engineering principles that pay close attention to storm water management and strive to achieve "natural" storm water cleansing through minimally invasive techniques. This approach has been successfully incorporated into our Tapestry community in Lake Elmo. 11 a rchitectu FP, , ,, , ,, , r _, ' :-:., ' ,.' - ARCHITECTURAL GUIDELINES Perhaps the most important aspect with this project is the necessity to create and maintain high standards in home design that will enhance the land plan and be sensitive to it. In order to maintain the high standard of design that has been paramount to Senn & Youngdahl, an Architectural Control Committee will be established by the developer to enforce the design standards and covenants as developed by the project design team. ACCEPTABLE ARCHITECTURE Architectural style will include the Classic American Farmhouse, Shingle, early American Revival styles, Arts & Crafts, European styles, and will also encourage an eclectic mix of architectural styles as represented in the examples below. !�� :7 f4. 4 ..,. y,la 1 I , J f .it "!I � __.. Jr 1n r!' Y Y � i 1. '! �r et fl Maniimmimilimin ,--... ti:`.. • .. - may a: �i tty 11 r_�M I Q I- rir7,71'' , ,, _ , 4 t, , 11 .+ I� I 'a ... f-I f - _ I. �a�''i� _dam - FS }y d,� '£,, li; ill f- a. lifi ii , N ' J.? q r ., r :4 Esai �- ',„ i' r -Y 1' �!. a ,, - - ++\ icy J ,' n -.. ;;. .� h�,..1 •�+h �•� `�' is /y /� yr 'r � t �' TTF^ N Y '• ;�i 4 (., 4{� `j�.,, L r 1� _ _,j F_ t P,,, •L uY t yi d;► ,y is ( ,1 -. .,c 3. F - R >' rY ? ' . t t .('6 a •';: thy° }. ``v, • , • A + yam, J'� i,. ii ail t 1tpPF�S�. ssti ,`:3". " 3'�5� I • \,- • ii4V, Y 1,1 I' ,, y�q� \) ", ._L , - tiff�� �"y ;') x �. -I� -~ '�' 11'!'9 �i f�„•,+1 fr ',�+�?:! !.^j I - ,•.-osi �ill ; ti''' f' -:.. • - * r . ;. ram' i.. y•.,ii''4 � .Y T w Meeting Date: 3/6/2007 Agenda Item: `OC Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Hold a public hearing and consider whether or not to adopt Ordinance No. 102, amending Chapter 2, Section 10.20 (2) (I) of the Development Code regarding Safety Requirements for Swimming Pools. Deadline/Timeline: N/A Background: • The development code requires a 6-foot safety fence around swimming pools. The state building code does NOT contain any requirements for fencing around pools. There is an appendix chapter of the Uniform Residential Code that does contain pool fencing requirements; however, Minnesota communities are not allowed to adopt this chapter, and are instead advised to place their pool fencing requirements in their city codes/ local ordinances. • A resident has requested that the city consider amending the code to allow a safety cover to substitute for a fence. The Hubertys, who live at 22899 Mallard Ave. N.,have an existing swimming pool that does not have a fence. This came to light after an unrelated approval of variances for an accessory building on their property in September of 2006. If the ordinance is not amended, they will need to install a fence to comply with the current code. • Instead of a fence, the Hubertys have installed an"Aquamatic Safety Pool Cover." The cover completely encloses the surface of the pool when not in use. They submitted a letter from their insurance company indicating they accept this cover as an alternative to a fence. They also submitted testing data for the pool cover which indicates it would meet the standards included in the proposed ordinance. • Some communities accept such covers as an alternative to a fence. For example, Stillwater's code requires pools to be secured with a"cover, fencing, screening, or other enclosure or any combination thereof of sufficient density and strength as to be impenetrable." Wyoming also allows a cover in lieu of a fence. • The draft ordinance, attached, would incorporate the following statement into the code: "In lieu of a fence, a swimming pool safety cover or other enclosure of sufficient density and strength as to prevent children from gaining uncontrolled access may substitute for a fence. Such cover or Page 1 of 2 02/27/07 enclosure shall meet or exceed standard performance specification ana labeling requirements for safety covers for swimming pools, spas and hot tubs (ASTM Designation: F-1346-91)" • The draft ordinance also shows how the code could be amended to change the minimum height of the fence. At the January 23 meeting, it was pointed out that six feet may be higher than necessary. Forest Lake, Stillwater, Lindstrom and Wyoming all require four-foot fences around pools. Recommendation: I recommend that the Commission hold the public hearing and, after discussing any changes you may wish to make, recommend to the Council whether or not to adopt the amendment. Attachments/ • Draft Ordinance Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator Page 2 of 2 02/27/07 CITY OF SCANDIA ORDINANCE NO. XX AN ORDINANCE AMENDING CHAPTER 2, SECTION 10.31 (2) (I) OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA REGARDING SAFETY REQUIREMENTS FOR SWIMMING POOLS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Chapter 2, Section 10.20 (2) (I) of the Development Code of the City of Scandia is hereby amended to read as follows: (I) A structure or safety fence of a non-climbable type at least six-(fir) four (4) feet in height shall completely enclose the pool, but shall not be located within any required yard areas. In lieu of a fence, a swimming pool safety cover or other enclosure of sufficient density and strength as to prevent children from gaining uncontrolled access may substitute for a fence. Such cover or enclosure shall meet or exceed standard performance specification and labeling requirements for safety covers for swimming pools, spas and hot tubs (ASTM Designation: F-1346-91). Passed and adopted by the City Council of the City of Scandia this day of , 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator 1 February 28, 2007 RECEIVED MAR _z Z007 City of Scandia Mayor City of Scandia Council Members CITY OF SCANDIA City of Scandia Planning Commission Members 14727 209th Street North PO Box 128 Scandia, MN 55073 Dear City of Scandia Mayor, Council Members and Planning Commission Members: Re: AN ORDINANCE AMENDING CHAPTER 2, SECTION10.31 (2) (I) OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA REGARDING SAFETY REQUIREMENTS FOR SWIMMING POOLS Please do not support the proposed ordinance amending Chapter 2, Section 10.31 (2) (I) of the Development Code of the City of Scandia regarding Safety Requirements for Swimming Pools as it relates to allowing pool covers instead of a safety fence around a pool. A pool cover does not provide the same protection that a fence would when considering all safety factors. California which is one of the top states in the nation when it comes to home ownership of pools recently moved to require safety fence enclosure of pools and no longer allows pool covers as a safety device. The U.S. Consumer Product Safety Commission has estimated that each year approximately 300 children under 5 years old drown in swimming pools. The Commission estimates hospital emergency room treatment is required for more than 2,000 children under 5 years of age who were submerged in residential pools. Lessening the safety requirements for swimming pools should not be the direction of the new City of Scandia. Various documents have been submitted to the City of Scandia (formerly the Town of New Scandia) that provide information of the density and strength of a swimming pool safety cover, but regardless of the strength of the pool cover, whether the pool cover can hold a 300-400 pound person or a small child, a pool cover is only effective when it is closed when not in use. The same can be said regarding a gate to a pool that is enclosed with a safety fence and if the gate is left open, it is a safety hazard. The difference is that a pool cover on a swimming pool that is left uncovered and unattended presents far greater safety risks than an open gate to an unattended swimming pool. See the attached comparative illustrations for pools with pool covers and one with a safety fence around the pool. The process to change this amendment began with a request by Pamela Huberty in November 2006 when it came to light that the Hubertys, who live at 22899 Mallard Ave. N., Scandia, MN 55073, have a swimming pool that does not have a safety fence. The household had a pool installed in the summer of 2005 and installed a pool cover rather than safety fence as required by the development code. Testimony and/or documents have been submitted to the City of Scandia by Pamela Huberty regarding the certification from the American Society for Testing and Material Standard (ASTM) for their Aquamatic Safety Pool Cover. She also states that the safety pool cover had been tested independently by two testing agencies and exceeds ASTM requirements. Regardless of the specifications of this safety pool cover, testimony has been provided by a next- door neighbor who has witnessed that the pool cover is seldom closed, if ever, during the summer months. Pamela Huberty also has submitted a letter to Ann Hurlburt with the following sentence, "We have five children, and safety is our priority." It is difficult to comprehend that their pool cover is providing the necessary safety in this situation and that safety is a priority as she so states. Although the City of Scandia should not be held responsible or for that matter develop codes that address issues related to pool covers being left open when unattended or for gates left open to pools, but the City of Scandia can and should be responsible for developing codes that provide maximum safety and protection for its community. The safety requirements for the City of Scandia should not be based on the safety codes of other cities or communities, but instead based on the pride of providing a safe environment and not on the esthetic looks of a pool cover rather than a safety fence. The safety of our children should never be compromised. I strongly urge you not to support the proposed ordinance amending Chapter 2, Section 10.31 (2) (I) of the Development Code of the City of Scandia regarding Safety Requirements for Swimming Pools as it relates to allowing swimming pool covers instead of a safety fence around a pool. The children's safety should be the City of Scandia's number one concern, and allowing a pool cover in lieu of a safety fence is not in the best interests of safety. Thank you for your consideration. Sincerely, Pc'4 t'le Terry Pohlkamp 22955 Mallard Avenue North Scandia, MN 55073 651-433-4452 Attachment 2 Pool 20' x 30'with pool cover open, provides ABSOLUTELY no protection should a child wander near the pool. This is a severe safety hazard to young children when the pool cover is not closed and unattended. / Potential Pool Cover Area Below we have the same 20' x 30' pool with a safety fence set back 5 feet from the edge of the pool; the perimeter of the fence is140' around; shown is an open 4 foot gate; the potential hazard in this situation is 2.857% (4' divided by 140'); although a gate left open with an unattended pool still has risks, the risk factor is far less with a pool that is uncovered and unattended. A safety fence around a swimming pool provides far more protection for young children. —Open 4'gate mac . /. c, C • C - 5 - c RECEIVE Ken and Pam Huberty March 4,2007 MAR 5 2007 22899 Mallard Ave N. Scandia, MN 55073 651-433-4095 CITY OF SCANDIA Response to Terry Pohlkamp's Letter dated 2/28/2007 Terry Pohlkamp's letter does not cite any legal supporting documents, literature sources, or named individuals. His letter is intentionally misleading and based upon vengeance. We have enjoyed the pool for two summers, 2005 and 2006,with no feedback from neighbors. His responses are in retaliation for the approval of our accessory building. I base this accusation upon a letter from Evelyn Regnier dated 9/20/2006,where in the last paragraph she the developer threatens us about the pool if we build our accessory building(letter attached). Based upon our own minimal research: 1) Terry statistics may be extracted from"SAFETY BARRIER GUIDELINES FOR HOME POOLS"from U.S. Consumer Product Safety Commission, Pub.No 362. I do not know the date of this document. This document deals with Barriers only,not citing pool cover benefits or limitations. Article attached. 2) Terry states that California has"moved to require safety fence enclosure of pools and no longer allows pool covers as a safety device."I do not know what"moved"means but I have attached California Codes Health and Safety Code Section 115920-115929. This document states that"Commencing January 1, 2007,..." pool covers are allowed instead of fences. 3) Terry's diagram shows 140 foot perimeter fence and 4 foot gate for a potential hazard of 2.857%(4 foot divided by 140 foot). Our pool has one side adjacent to house and one side adjacent to a retaining wall. Total fence requirement would be 70 feet, increasing our potential hazard. The best way for me to minimize my hazard potential is fence my entire property, 1429 feet,then my hazard potential is .28%(4 foot divided by 1429 feet). 4) Terry cites"testimony has been provided by a next-door neighbor who has witnessed that the pool cover is seldom closed, if ever,during the summer months." This is completely false. The next-door neighbors to our south,the Moe's,also were against the accessory building and have previously sued us about our house location. I believe all individuals have the right to express their opinion and have the right to act upon these beliefs. I am very disappointed when false representation of facts and laws are construed to mislead for personnel benefit or revenge. These individuals tried to prevent us from building an accessory building by intimidation over a pool fence. What's ironic is that these same individuals who want us to have a pool fence,will not allow the fence because the covenants require a fence 40 feet from side yard. If you require us to place a fence,the pool will be 40 feet and the fence will be 35 feet from side yard,they will continue their harassment and not be satisfied. We apologize that the City of Scandia must deal with a neighborly dispute when evaluating an ordinance for safety. The intent of our pool cover was to better protect our children, prevent accidents, energy savings, and reduce chemical usage. I believe the new proposed ordinance will include new technology that is as safe if not safer. n Sincerely /1, 'Eq-- \` Kenneth P. Huberty Pamela J.Huberty EVELYN REGNIER 6793 Manasota Key Road Englewood, FL 34223 Phone: 941-473-8255 Email: evelynregnier@comcast.net September 20, 2006 RECE VED Mr. and Mrs. Ken Huberty MAR 5 2007 22899 Mallard Avenue North Scandia, MN 55073 CITY OF SCANDIA Dear Ken and Pam: We have not yet received the revised building drawing for consideration. However, before we consider your request, it is necessary to address the violations to the covenants that are currently occurring or constructed on your property. 1. Under Article 2 —Architectural Control it clearly states "No building, fence or wall shall be erected, placed or altered on any lot until the plans and specifications and a site plan showing the location of the structure, fence or wall have been approved by the Architectural Control Committee as to quality." Under Article 4— Building Location — Subtitle B it clearly states "Buildings on lakeshore lots shall be a minimum of 100 feet from the shore of the lake You did not apply for this approval to build this accessory building shown in the picture enclosed. The accessory building obviously does not meet standards or an approved location. Any structure that is permanently located is considered a building. 2. Under Article 3 — Subtitle H it clearly states "Pools may not be located within forty feet of the adjoining property. Black-flush water or water from pool drainage shall be directed onto the owner's property and shall not drain onto adjacent properties, the late, or other wet lands. A safety fence at least five feet in height shall completely enclose the pool but shall not be located closer than forty feet from any adjoining property." You did not apply for approval to build your pool and adjoining patio and according to the site survey submitted to us a few days ago your pool is closer to the adjoining property than forty feet and does not have a safety fence, also required to be forty feet from the adjoining property. 3. Under Article 10 — Utilities and Garbage Disposal — Subtitle C it states "Garbage, rubbish, trash and other waste material shall not be kept on said premises except in sanitary containers and shall be regularly disposed of through the services of a refuse collection service or otherwise." You are obviously storing building materials or pallets on the property in violation of this ordinance. Your camper should be stored either elsewhere or indoors. We need to have you address these items before considering additional requests. The only way the covenants can be changed, even for one occurrence, is by the approval of 100 percent of the property owners in Bone Lake Estates. With the current attitude I doubt this will happen. • Page 2 September 20, 2006 I am frankly very surprised that you are alienating your neighbors by requesting to build a building that all of them object to so strongly and that does not conform to the neighborhood. You were very enthusiastic about having the covenants when you purchased the lot because you did not want your new home to be located in an area like your previous home with campers, boats and other things stored on the property and with buildings that did not conform to the neighborhood and were haphazardly located on the lots. Your actions demonstrate that it is okay for everyone to follow the rules except yourself. Your purchase was based on complying with the covenants. At that time you were required to locate your home in line with the other homes and knew that no home would be approved substantially nearer to the street than others. This uniformity is one of the things that differentiates Bone Lake Estates from other neighborhoods that look disorderly and ill planned. In order to keep peace in the neighborhood and to possibly avoid having to relocate your pool you might want to consider figuring out a way to add the additional storage space you desire by adding unto your current garage by either extending it further forward and/or back. With your creative design skills this should be an easy solution. I am sure this would go a long way to influence their acceptance of your other violations. Sincerely, Evelyn egnier Enc. 1 RECEIVED CALIFORNIA CODES MAR 5 2007 HEALTH AND SAFETY CODE CITY OF SCANDIA SECTION 1 1 5920-1 1 5929 115920. This act shall be known and may be cited as the Swimming Pool Safety Act. 115921. As used in this article the following terms have the following meanings: (a) "Swimming pool"or"pool"means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool"includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. (b)"Public swimming pool"means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private dub. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home. (c)"Enclosure"means a fence, wall,or other barrier that isolates a swimming pool from access to the home. (d)"Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91. (e) "Exit alarms"means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. 115922. (a) Commencing January 1, 2007, except as provided in Section 115925, whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home, it shall be equipped with at least one of the following seven drowning prevention safety features: (1) The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 115923. (2)The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. (3)The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346 . (4)The residence shall be equipped with exit alarms on those doors providing direct access to the pool. (5) All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. (6) Swimming pool alarms that,when placed in pools,will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208"Standards Specification for Pool Alarms"which includes surface motion, pressure, sonar,laser, and infrared type alarms. For purposes of this article, "swimming pool alarms"shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. (7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Mechanical Engineers (ASME). (b) Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval. 115923. An enclosure shall have all of the following characteristics: (a)Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground. (b) A minimum height of 60 inches. (c)A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. (d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter. (e)An outside surface free of protrusions, cavities,or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. 115924. (a) Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this artide. (b) Pursuant to existing law, the Department of Health Services shall have available on the department's Web site, commenting January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regarding the potential dangers a pool or spa poses to toddlers.Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundation, California Coalition for Children's Safety& Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics. 115925. The requirements of this article shall not apply to any of the following: (a) Public swimming pools. (b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89). (c)Any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pool safety that includes requirements that are at least as stringent as this article. (d)An apartment complex, or any residential setting other than a single-family home. 115926. This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services. 115927. Notwithstanding any other provision of law,this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in subdivision (e) of Section 115922 and subdivision (c)of Section 115924. 115928. Whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements: (a) (1)The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in paragraph (2). (2)The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more"T"fittings, and that are separated by a distance of at least three feet in any dimension between the drains. (b) Suction outlets that are less than 12 inches across shall be covered with antientrapment grates, as specified in the ASME/ANSI Standard A 112.19.8, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers. (c) Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (a)and (b)shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Product Safety Commission. (d)Whenever a building permit is issued for the remodel or modification of a single family home with an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool,toddler pool, or spa be upgraded so as to be equipped with an antientrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers(ASME). 115929. (a)The Legislature encourages a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch of the department,to produce an informative brochure or booklet,for consumer use, explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for, home swimming pools and spas, and to donate the document to the department. (b)The Legislature encourages the private entity to use existing documents from the United States Consumer Product Safety Commission on pool safety. (e) If a private entity produces the document described in subdivisions (a)and (b) and donates it to the department, the department shall review and approve the brochure or booklet. (d) Upon approval of the document by the department, the document shall become the property of the state and a part of the public domain. The department shall place the document on its Web site in a format that is readily available for downloading and for publication. The department shall review the document in a timely and prudent fashion and shall complete the review within 18 months of receipt of the document from a private entity. SAFETY BARRIER GUIDELINES FOR HOME POOLS .,..,. A,. ., ,.. .o *0 •• • •• 4 ill $ • 4 • 4 Y/# (A' � v ♦+1��1/1�4 ����������������������� ._ .► %j,�,sue♦'.-� ���� A������������������N1�•1�. AA.S1 4 . 4 ,,,,\IP \ >, • . A , . 4 k 4 , .. 44 6 Mil All°11Pr al' .."I ...415 _ ....*--- -- '4,,4:111111446., -00:0,,m"'"' ""...41110.-"%40.411r> '"g'... .1.111,I* 0,,..,:„..„,,,,,,....,. ,_- „,„,----__® � � t � �. �`...r "��1 �r ••�.4�.,,�.�� ..n.- —mow ••r,_ , AB: • ►-fir 100# ,... 't 0-' 0 - 1 ' IP r'141 `` - = �/.0 `L1p . ems. iiii .sue ♦ ♦ iti r -`s . r .+ .�T 1 _ s ►, i oli ' ". ��.. vim` -"r %" 1._. ,- 1 �1 ✓ '�' I A., �- ! - do►+ _�i• __ - �� a U.S CONSUMER PRODUET' = Y- •`• SAFETY COMMISSION` i a�.�� .� �� �`.� Washington, DC 20207 �`�tr =��,�rw `Aft.- _ _ ,r ... s Pub. No. 362 �r Swimming pools should always be happy places. Unfortunately,each year thousands of American families confront swimming pool tragedies— drownings and near-drownings of young children. These tragedies are preventable.This U.S. Consumer Product Safety Commission(CPSC)handbook offers guidelines for pool barriers that can help prevent most submersion incidents involving young children. This handbook is designed for use by owners, purchasers, and builders of residential pools, spas, and hot tubs. The swimming pool barrier guidelines are not a CPSC standard and are not mandatory requirements. Therefore,the Commission does not endorse these guidelines as the sole method to minimize pool drownings of young children.The Commission believes,however,that the safety features recom- mended in this handbook will help make pools safer. Publication of this handbook is expected to promote pool safety awareness among owners,purchasers and 1 builders of swimming pools. (C__:- . . Some localities have incorporated the guidelines pi) in this handbook into their building codes.Check with your local authorities to see whether these guidelines are included in your area's building code or in other regulations. ' ,4 : ,I S. •\j t o . 'ft .'0 w I Olt p— Why the Swimming Pool Guidelines Were Developed ach year,hundreds of young chil- • Most of the victims were being super-E Swimming pool drownings of young dren die and thousands come close vised by one or both parents when the children have another particularly insidi- to death due to submersion in resi- swimming pool accident occurred. ous feature:these are silent deaths. It is dential swimming pools. CPSC has esti- unlikely that splashing or screaming will mated that each year about 300 children • Nearly half of the child victims were occur to alert a parent or caregiver that a under 5 years old drown in swimming last seen in the house before the pool child is in trouble. pools. The Commission estimates hospital accident occurred. In addition,23 percent CPSC staff have reviewed a great emergency room treatment is required for of the accident victims were last seen on deal of data on drownings and child more than 2,000 children under 5 years of the porch or patio,or in the yard. behavior, as well as information on pool age who were submerged in residential and pool barrier construction. The staff pools. • This means that fully 69 percent of the concluded that the best way to reduce CPSC did an extensive study of children who became victims in swim- child drownings in residential pools was swimming pool accidents, both fatal ming pool accidents were not expected to for pool owners to construct and maintain drownings and near-fatal submersions, in be in or at the pool, but were found barriers that would prevent young chil- California,Arizona and Florida, states in drowned or submerged in the water. dren from gaining access to pools. which home swimming pools are very However,there are no substitutes for dili- popular and in use during much of the • 65 percent of the accidents occurred in gent supervision. year.The findings from that study led a pool owned by the victim's immediate Commission staff to develop the guide- family,and 33 percent of the accidents lines in this handbook. occurred in pools owned by relatives or friends. • In California,Arizona and Florida, drowning was the leading cause of acci- • Fewer than 2 percent of the pool acci- dental death in and around the home for dents were a result of children trespassing children under the age of 5 years. on property where they didn't live or belong. • 75 percent of the children involved in swimming pool submersion or drowning • 77 percent of the swimming pool acci- accidents were between 1 and 3 years old. dent victims had been missing for five minutes or less when they were found in • Boys between 1 and 3 years old were the pool drowned or submerged. the most likely victims of fatal drownings The speed with which swimming pool and near-fatal submersions in residential drownings and submersions can occur is a swimming pools. special concern: by the time a child's absence is noted,the child may have drowned.Anyone who has cared for a toddler knows how fast young children can move.Toddlers are inquisitive and impulsive and lack a realistic sense of danger.These behaviors, coupled with a child's ability to move quickly and unpre- dictably make swimming pools particular- ly hazardous for households with young children. 1 The Swimming Pool Barrier Guidelines How to Prevent a Child from Getting OVER a Pool Barrier his section explains the CPSC swimming pool barrier young child can get For a Solid Barrier: T guidelines with illustrated descriptions of pool barriers. over a pool barrier if No indentations or protrusions Definitions of terms used in the guidelines areprovided the barrier is too low or should be present, other than on page 6. if the barrier has handholds or normal construction toler- The definition of pool includes spas and hot tubs;the footholds for a child to use ances and masonry joints. swimming pool barrier guidelines therefore apply to these when climbing. structures as well as to conventional swimming pools. The guidelines recom- r r mend that the top of a pool barrier be at least 48 inches J , 1 above grade, measured on the J 1 I A successful pool barrier prevents side of the barrier which faces - 1 I I J 1 a child from getting OVER, away from the swimming i J I UNDER,or THROUGH and pool. ' ' keeps the child from gaining access to the pool except when _ For a Barrier(Fence)Made supervising adults are present. Up of Horizontal and Vertical Members: If the distance between the 48" tops of the horizontal mem- bers is less than 45 inches,the horizontal members should be on the swimming pool side of the fence.The spacing of the vertical members should not exceed 1-3/4 inches.This size 4 is based on the foot width of a {t,' ' young child and is intended to .' ;�• reduce the potential for a child to gain a foothold. If there are any decorative cut- Guidelines recommend outs in the fence,the space eliminating handholds and within the cutouts should not footholds and minimizing the exceed 1-3/4 inches. size of openings in a barrier's construction. 13/4" 3114-13/4" Jo 1 Less than 45" t I Y 2 If the distance between the For a Chain Link Fence: For Aboveground Pools: tops of the horizontal members The mesh size should not is more than 45 inches,the exceed 1-1/4 inches square horizontal members can be on unless slats, fastened at the top 0NN11II!"IUlIIlfl!HHHli1l11't'',Il' the side of the fence facing or bottom of the fence,are001 , ltllllli away from the pool.The spac- used to reduce mesh openings _ '_- T �i— (�s _- �' ing between vertical members to no more than 1-3/4 inches. M ~''� �'1�: ��`=` ii��1111111 should not exceed 4 inches. r, This size is based on the head ♦,.."♦-!j��♦j♦;��♦�!�... -S., �������;�����N�� MIK . - breadth and chest depth of a ••♦ii •♦i�1►♦�•�i• ��� �� s young child and is intended to ♦•♦♦♦.4:'♦♦♦i► �� . ♦♦♦4,•►♦� 1114",y prevent a child from passing ♦•♦♦♦♦4-P♦♦��` .�• . 1"''*.,o� . '- o through an opening.Again,if ,♦♦•♦•••�j►•♦•••�. ♦♦♦�♦ "r` •♦•♦••♦♦�/°♦•••♦♦♦•♦"♦4♦•♦♦ there are any decorative .•♦♦•♦♦•4 1••♦♦•♦♦♦••♦♦••♦♦♦• cutouts in the fence,the space '♦•♦♦♦••'4'•♦♦♦♦♦♦••♦•♦♦•♦•♦• . Aboveground pools .♦♦•♦••♦40I•�♦♦•♦♦♦••♦••♦ ♦* gT P within the cutouts should not ♦♦♦♦••0,44♦••♦♦♦•♦•♦•♦4♦♦♦ ' should have barriers.The pool exceed 1-3/4 inches. •••••••4 Pam••♦•••••••�•♦•♦••.' structure itself serves as a bar- ' "` rier or a barrier is mounted on III 13/4'• 0--)1414 t' top of the pool structure. II►wilptill irk"If►If 1► 111;1�► �/�l Then,there are two possi- y►►► 111)] o �►I blewa s to revent ounIa ,NN/1�I children from climbing up mto fI1 ��►'11 si4• / i an aboveground` I 1/1 I,1; �l �,'I�, pool.The i 4 4 4 '`II 1-4I►41ON. �14!►�' steps or ladder can be designed !I1 ► or re piIiii �Ij j j jljto be secured, locked or 1 IIIremoved to prevent access,or II I� I1/ the ste s or ladder p can be sur-�Ih � ///Ill//d/ 3! I 411.11.1�1�/�1�1�1`. k 4/�1�. rounded by a barrier such as wirTrrvi- ^Rr'' those described above. - MIS IMP MO OM For a Fence Made Up of Diagonal Members .Q "' (Latticework): The maximum opening in the lattice should not exceed 1-3/4 inches. ... pp. > ' ' a. ♦ ♦ ♦ ♦ •. •♦ 4 I?e r To r IMP r�i 3 How to Prevent a Child from Getting UNDER How to Prevent a Child from Getting a Pool Barrier THROUGH a Pool Barrier or any pool barrier, the F inaximum clearance at reventing a child from Gates: When the release mecha getting through a pool There are two kinds of nism of the self-latching the bottom of the barrier barrier can be done by gates which might be found on device is less than 54 inches should not exceed 4 inches restricting the sizes of open- a residential property. Both from the bottom of the gate, above grade, when the meas- ings in a barrier and by using can play a part in the design of the release mechanism for the urement is done on the side of self-closing and self-latching a swimming pool barrier. gate should be at least 3 inches the barrier facing away from gates. below the top of the gate on the pool. To prevent a young child Pedestrian Gates: the side facing the pool. from getting through a fence These are the gates people Placing the release mechanism or other barrier,all openings walk through. Swimming pool at this height prevents a young i should be small enough so that barriers should be equipped child from reaching over the il i I i a 4-inch diameter sphere can- with a gate or gates which top of a gate and releasing the not pass through.This size is restrict access to the pool.A latch. based on the head breadth and locking device should be chest depth of a young child. included in the gate design. 1/2" 3„ Gates should open out from the pool and should be self •� — •�•i•�•�•�•�� 11,4„ ill closing and self-latching. If a '�4 •;❖�•;•;•j•; a n io lv!,i Dot or gate is properly designed,even ��O:O •.•i`:%:�':•:;:•: \102 -- if the gate is not completely ••%i;:ti �•�•�•����������� latched,a young child pushing +•p0 �,, •••i❖: 4� on the gate in order to enter \,r�� t 8" +••4 +� Aboveground Pool with ) the pool area will at least close ,` Barrier on Top of Pool: the gate and may actually If an aboveground pool - engage the latch. has a barrier on the top of the pool,the maximum vertical clearance between the top of 4p0�0 Also,the gate and barrier ��as4' should have no opening the pool and the bottom of the ������� g barrier should not exceed 046,, v���p• greater than 1/2 inch within 4 inches. s�oVe `��'i���444.0���4 ,\ 18 inches of the latch release 440•4 `,''','.040�,4.0� '�0. mechanism.This prevents a 4'�',''' ,��•����4•`�•��O�Qw �• young child from reaching 4a4, •I'-- ��' through the gate and releasing v. -:t . *AV; ►� - .>^=- �. the latch. JI !4vo 1,� .44�� 4`0,, .or All Other Gates(Vehicle 111rrr • �ivik4.§4. Entrances,Etc.): 4' 4��%A*4.�� ��v���� Other gates should be / !**"�0st. �.• equipped with self-latching tD+����4#444,' 9-440 devices.The self-latching 4.'.• devices should be installed as •\ described for pedestrian gates. 4 When the House Wall Forms meet the requirements of UL doors which give ready access Part of the Pool Barrier: 2017 General-Purpose to a swimming pool. In many homes, doors Signaling Devices and open directly onto the pool Systems, Section 77. Indoor Pools: area or onto a patio which The alarm should be loud: When a pool is located leads to the pool. at least 85 dBA(decibels) completely within a house,the when measured 10 feet away walls that surround the pool from the alarm mechanism. should be equipped to serve as ---- ��_1 The alarm sound should be pool safety barriers. Measures � f distinct from other sounds in recommended above where a the house,such as the tele- phone, house wall serves as part of a \ i n phone,doorbell and smoke safety barrier also apply for all x alarm.The alarm should have the walls surrounding an trian automatic reset feature. indoor pool. Because adults will want Fi � 4" to pass through house doors in the pool barrier without setting off the alarm,the alarm should have a switch that allows adults to temporarily deacti \\ o vate the alarm for up to 15 ate: � seconds. The deactivation �� 4 I. In such cases,the wall of switch could be a touchpad j the house is an important part (keypad)or a manual switch, — �/ of the pool barrier,and pas- and should be located at least ' sage through any doors in the 54 inches above the threshold house wall should be con- of the door covered by the trolled by security measures, alarm. This height was select- M .. ed based on the reaching abili- The importance of controlling a young child's movement ty of young children. from house to pool is demon- Power safety covers can strafed by the statistics be installed on pools to serve obtained during CPSC's study as security barriers. Power of pool incidents in California, safety covers should conform Arizona and Florida: almost to the specifications in ASTM half(46 percent)of the chil- F 1346-91. This standard spec- dren who became victims of ifies safety performance pool accidents were last seen requirements for pool covers in the house just before they to protect young children from were found in the pool. drowning. All doors which give If you wish further infor- access to a swimming pool mation on this standard, con- should be equipped with an tact ASTM, Inc., Philadelphia, audible alarm which sounds Pa.(formerly the American when the door and/or screen Society for Testing& are opened. The alarm should Materials),directly. sound for 30 seconds or more Self-closing doors with within 7 seconds after the self-latching devices could door is opened.Alarms should also be used to safeguard 5 Barriers for Residential Swimming Pool, Spas, and Hot Tubs The preceding explanations of the Application Swimming pool,indoor.A swimming U.S. Consumer Product Safety pool which is totally contained within a The guidelines presented in this document Commission's pool barrier guide- are intended to provide a means of protec- structure and surrounded on all four sides lines were provided in order to make it tion against potential drownings and near by walls of said structure. easier for pool owners,purchasers, drownings to children under 5 years of builders,technicians and others to under- Swimming pool,outdoor.Any swim- age by restricting access to residential stand and apply the guidelines them- swimming pools,spas, and hot tubs. ming pool which is not an indoor pool. selves.Detailed guidelines follow. Reading the following guidelines in con- Guidelines junction with the diagrams previously Definitions provided may be especially helpful. For Aboveground/onground pool. See defi- Section I. Outdoor Swimming Pool further information, consult your local nition of swimming pool. building department or code authority. An outdoor swimming pool, including an Barrier.A fence, a wall,a building wall inground, aboveground,or onground pool, or a combination thereof which complete- hot tub, or spa, should be provided with a ly surrounds the swimming pool and barrier which complies with the obstructs access to the swimming pool. following: Hot tub. See definition of swimming 1.The top of the barrier should be at least pool. 48 inches above grade measured on the side of the barrier which faces away from Inground pool. See definition of swim- the swimming pool.The maximum verti- ming pool. cal clearance between grade and the bot- tom of the barrier should be 4 inches Residential.That which is situated measured on the side of the barrier which on the premises of a detached one-or faces away from the swimming pool. two-family dwelling or a one-family Where the top of the pool structure is townhouse not more than three stories in above grade, such as an aboveground height. pool,the barrier may be at ground level, such as the pool structure, or mounted on Spa,nonportable. See definition of top of the pool structure.Where the barri- swimming pool. er is mounted on top of the pool structure, the maximum vertical clearance between Spa, portable.A non-permanent structure the top of the pool structure and the bot- intended for recreational bathing, in tom of the barrier should be 4 inches. which all controls,water-heating,and water-circulating equipment are an inte- 2. Openings in the barrier should not gral part of the product and which is cord- allow passage of a 4-inch diameter connected(not permanently electrically sphere. wired). 3. Solid barriers,which do not have open- ings, such as a masonry or stone wall, Swimming pool.Any structure intended for swimming or recreational should not contain indentations or protru bathing that contains water over 24 inches sions except for normal construction tol deep. This includes inground,above- erances and tooled masonry joints. ground, and onground swimming pools, hot tubs,and spas. 6 4.Where the barrier is composed of hori- and(b)the gate and barrier should have mounted on top of the pool structure,and zontal and vertical members and the dis- no opening greater than 1/2 inch within the means of access is a ladder or steps, tance between the tops of the horizontal 18 inches of the release mechanism. then(a)the ladder to the pool or steps members is less than 45 inches, the hori- should be capable of being secured, zontal members should be located on the 9. Where a wall of a dwelling serves as locked or removed to prevent access,or swimming pool side of the fence. Spacing part of the barrier, one of the following (b)the ladder or steps should be surround- between vertical members should not should apply: ed by a barrier which meets Section 1, exceed 1-3/4 inches in width. Where there Paragraphs 1 through 9. When the ladder are decorative cutouts,spacing within the (a)All doors with direct access to the pool or steps are secured,locked,or removed, cutouts should not exceed 1-3/4 inches in through that wall should be equipped with any opening created should not allow the width. an alarm which produces an audible warn- passage of a 4-inch diameter sphere. ing when the door and its screen, if pres- 5. Where the barrier is composed of hori- ent, are opened. The alarm should sound Section II. Indoor Swimming Pool. zontal and vertical members and the dis- continuously for a minimum of 30 sec- tance between the tops of the horizontal onds within 7 seconds after the All walls surrounding an indoor swim- members is 45 inches or more, spacing door is opened.Alarms should meet the ming pool should comply with Section 1, between vertical members should not requirements of(IL 2017 General- Paragraph 9. exceed 4 inches. Where there are decora- Purpose Signaling Devices and Systems, tive cutouts, spacing within the cutouts Section 77. The alarm should have a mini- Section III.Barrier Locations. should not exceed 1-3/4 inches in width. mum sound pressure rating of 85 dBA at 10 feet and the sound of the alarm should Barriers should be located so as to prohib- 6. Maximum mesh size for chain link be distinctive from other household it permanent structures,equipment or sim- fences should not exceed 1-3/4 inch sounds, such as smoke alarms,telephones, ilar objects from being used to climb the square unless the fence is provided with and door bells.The alarm should automat- barriers. slats fastened at the top or the bottom ically reset under all conditions.The which reduce the openings to no more alarm should be equipped with manual Exemptions than 1-3/4 inches. means,such as touchpads or switches,to temporarily deactivate the alarm for a sin- which portable spa with a safety cover 7. Where the barrier is composed of diag- which complies with ASTM F1346-91 p g gle opening of the door from either direc- listed below should be exempt from the onal members,such as a lattice fence,the tion. Such deactivation should last for no maximum opening formed by the diagonal more than 15 seconds.The deactivation guidelines presented in this document. members should be no more than 1-3/4 touchpads or switches should be located at But, swimming pools,hot tubs,and non- inches. least 54 inches above the threshold of the portable spas with safety covers should door. not be exempt from the provisions of this S.Access gates to the pool should comply document. with Section 1, Paragraphs 1 through 7, (b)The pool should be equipped with a and should be equipped to accommodate a power safety cover which complies with ASTM Ftionfo 1. Standard Performance locking device. Pedestrian access gates ASTM F1346-91 listed below. Specification for Safety Covers and should open outward,away from the pool, Labeling Requirements for All Covers for and should be self-closing and have aself- Swimming Pools, Spas and Hot Tubs. g (c)Other means of protection, such as latching device.Gates other than pedestri- self-closing doors with self-latching an access gates should have a self-latching devices, are acceptable so long as the device. Where the release mechanism of degree of protection afforded is not less the self-latching device is located less than the protection afforded by(a)or(b) than 54 inches from the bottom of the described above. gate,(a)the release mechanism should be located on the pool side of the gate at 10.Where an aboveground pool structure least 3 inches below the top of the gate is used as a barrier or where the barrier is 7 For further information, write: This document is in the public domain. Therefore it may U.S. Consumer Product Safety Commission be reproduced, in part or in whole,without permission by an Washington,D.C. 20207 individual or organization. However, if it is reproduced,the Web site: www.cpsc.gov Commission would appreciate knowing how it is used. To report a product hazard or a product-related injury, Write the U.S. Consumer Product Safety Commission, Office of Information and Public Affairs, write to the U.S. Consumer Product Safety Commission, Washington, D.C. 20207. Washington, D.C. 20207,or call the CPSC's toll-free hotline at 1-800-638-2772 or visit its website at http://www.cpsc.gov. A teletypewriter for the hearing and speaking impaired is available on: 1-800-638-8270. (000403) Meeting Date: 3/6/2007 Agenda Item: 5 q) c ' co Planning Commission Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Select a Chair and Vice Chair for 2007, subject to approval by the City Council. Deadline/ Timeline: Background: • Ordinance No. 91 provides that the Chairperson and Vice Chairperson of the Planning Commission are appointed by the Commission from among the members of the Commission, subject to approval by the Council, for a term of one year. • Chris Ness served as chair in 2006. Moose Malmquist served as Vice Chair. Recommendation: I recommend that the Commission select its officers and recommend them to the Council. Attachments/ • Planning Commission Roster Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (pc chair) Page 1 of 1 03/01/07 CITY OF SCANDIA PLANNING COMMISSION Member: Appointed: Term Expires: Chris Ness February 20, 2007 February 1, 2010 18440 Norell Avenue Marine, MN 55047 433-5057 cness2001 @yahoo.com Christine Maefsky February 20, 2007 February 1, 2012 12521 Mayberry Trail North Scandia, MN 55073 433-2684 christinena,poplarhillfarm.com Jim Malmquist April 4, 2000 February 1, 2008 14670 Scandia Trail N. Scandia, MN 55073 433-3782 mrlostmooseAcs.com Kevin Nickelson August 5, 2003 February 1, 2008 12262 Scandia Trail N. Scandia, MN 55073 433-5482 ironwoods(2 frontiemet.net Peter Schwarz August 3, 1999 February 1, 2009 20969 Quadrant Avenue N. Scandia, MN 55073 433-2099 petschwa@msn.com Colleen Firkus, Secretary February 6, 1996 14727 209th Street N. P.O. Box 128 Scandia, MN 55073 433-2274 c.firkus( ci.scandia.mn.us Meeting Date: 3/6/2007 Agenda Item: , ) Planning Commission Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Select Planning Commission Representatives to the Commercial/ Retail Development Committee and the Capital Improvements Committee (2 for each Committee) Deadline/ Timeline: Background: • The City Council has established committees to advise them on various matters. Several of the committees include representatives of the Planning Commission. • At their February 20 meeting, the Council appointed many of the committee members. All of the Planning Commission members will be part of the Comprehensive Plan Committee. • Two Planning Commission representatives must still be chosen by the Commission for each of the following committees: Commercial/Retail Development and Capital Improvements. • The Commercial and Retail Development Committee will advise the Council on what type of development is needed and desired in Scandia, how much is needed, and where it should be located. Members will serve 3-year terms. • The Capital Improvements Committee will advise the city Council on the need for capital projects (such as road improvements, buildings and major equipment purchases.) Members will serve 3- year terms. Recommendation: I recommend that the Commission choose members to serve on the committees. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (committee appointments) Page I of 1 03/01/07 Meeting Date: 3/6/2007 Agenda Item: /0C 7 Planning Commission/ City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Jon Rodgers for a variance from setback requirements to construct a new septic system for an existing home located at 23409 Lofton Avenue North. Deadline/ Timeline: 60-day review period (extension) expires on March 19, 2007 Background: • The public hearing was held on December 5, 2006. The matter was tabled to the January 23 meeting and then to the March 6, 2007 meeting in order to obtain more information. • Township Planner Berry Farrington will present her revised report and recommendations at the hearing. Recommendation: The planners recommended approval of the variances, with conditions that have been incorporated into a draft resolution for use by the Commission and City Council. Attachments/ • TKDA Memorandum dated February 23, 2007, with attachments Materials provided: • Draft resolution for approval (No. 03-06-07-05) • Application materials Contact(s): Berry Farrington, TKDA 651 292-4400 Prepared by: Anne Hurlburt, Administrator (Rodgers for march meeting) Page 1 of 1 02/27/07 T KDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.com To: Planning Commission, City Council, Reference: Rodgers Variance Request Anne Hurlburt, Administrator City of Scandia Copies To: Jon Rodgers Proj. No.: 13582.019 From: Richard E. Thompson,AICP City of Scandia, Minnesota Berry Farrington Routing: Date: February 23, 2007 SUBJECT: Rodgers Variance Request MEETING DATE: March 6, 2007 LOCATION: 23409 Lofton Avenue North New Scandia, Minnesota APPLICANT: Jon Rodgers ZONING: Agricultural District(AG), Shoreland District 60-DAY PERIOD: Extended to March 19, 2007 ATTACHMENTS: Attachment 1. Letter dated January 25, 2007, from Planner to Applicant Attachment 2. Letter dated February 5, 2007, from Washington County Attachment 3. Letter received February 5, 2007, to Planner from Applicant, with letter from Applicant to the Olsons (neighbors across Lofton Avenue) Attachment 4. Letter dated January 29, 2007, from Jim Schneider, Scandia Building Official Attachment 5. Planning staff report, revised January 16, 2007 Attachment 6. Draft resolution for approval BACKGROUND: The Planning Commission tabled the variance request for the location of a proposed sewage treatment system on December 5, 2006 and on January 23, 2007 so that additional information could be obtained from the Applicant. At the January 23rd meeting, the Planning Commission requested that the Bone Lake Ordinary High Water (OHW)be staked, that a letter be provided from Washington County addressing the distance separating the new well and sewage treatment system, and evidence that the Applicant had consulted with the neighbor to determine if land across Lofton Avenue could be made available to locate the sewage treatment system. This information was written in a letter to the Applicant from the Planner, dated January 25, 2007 (Attachment 1). The Planning Commission also requested that the Building Official visit the site. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Rodgers Variance Page 2 February 23, 2007 City of Scandia, Minnesota ADDITIONAL INFORMATION RECEIVED Separation of well and sewage treatment system Pete Ganzel at Washington County Department of Public Health and Environment provided a letter dated February 5, 2007 to the Planner, which states that the well setback requirement from the sewage treatment system is 50 feet (Attachment 2). The Planner had misinterpreted the Ordinance to require a 100 foot separation. Pete Ganzel confirmed in a phone conversation with the Planner that the proposed well will be a deep well, for which the 50 foot setback rather than 100 foot setback applies. Therefore, the Applicant does not need to request a variance for well setback. Alternative location for sewage treatment system The Applicant provided a letter to the Planner on February 5, 2007, which states that he and the neighbor, Mr. Olson, spoke and that Mr. Olson indicated that a portion of his property was not available for sale or for an easement. The Applicant also attached a copy of the letter he sent the Olsons inquiring about the potential to locate the sewage treatment system on a portion of the Olson property(Attachment 3). Bone Lake Ordinary High Water Level staking The Planner visited the site on January 31st and confirmed that the OHW has been staked. An approximate measurement was taken and is consistent with the request of a 33.5 feet separation between the OHW and the proposed sewage treatment system. Building Official inspection The Building Official provided a letter dated January 29, 2007 (Attachment 4). The letter describes erosion problems and lists the issues that must be corrected for the structure to remain. SUMMARY: The variance request is for a setback of 33.5 feet from the sewage treatment system to the Bone Lake Ordinary High Water level. The 60-day period with extension ends March 19, 2007. The Planners recommend approval as outlined in the staff report dated January 16, 2007 (Attachment 5). The findings for approval and recommended conditions are written in the draft resolution (Attachment 6). An Employee Owned Company Promoting Affirmative Action and Equal Opportunity / TKDA ENGINEERS•ARCHITECTS•PLANNERS 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 fax www.tkda.com January 25, 2007 Mr.Jon Rodgers Box 306 Port Gamble,Washington 98364 Re: 23409 Lofton Avenue North Variance Request Application City of Scandia,Minnesota TKDA Project No. 13582.019 Dear Mr. Rodgers: This letter is to inform you that the City of Scandia Planning Commission tabled your variance request at its January 23,2007,meeting. The request was tabled because the Ordinary High Water level was not staked at the time of the January 5,2007,site visit.If it has not already been done,the Planning Commission again requests that you have the Ordinary High Water level staked so the setback can be verified. The Planning Commission also requests that a second letter from Washington County Department of Public Health and Environment be supplied.The letter should specifically address the proposed separation between the new well and the sewage treatment system,and if the proposed separation is considered adequate. In addition,the Planning Commission requests documentation that you have made effort to contact the neighbor across Lofton Avenue,to determine if the neighbor would sell land or would grant an easement to accomodate the sewage treatment system.Washington County tax records show that this property is owned by Gerald and Judith Olson, 11360 232nd Street North,Scandia MN 55073. The next two Planning Commission meetings are scheduled for February 6,2007,and March 6,2007. Your request will be scheduled for the agenda once the additional letter from Washington County and the documentation of effort to contact the neighbor are received,and after verification of the Ordinary High Water level setback. If you have any questions please call Berry Farrington at 651/726-7904. Sincerely, Richard E.Thompson,AICP City Planner RET:cme cc: Ms.Anne Hurlburt, City of Scandia,Administrator David Hebert, City Attorney An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 79-Ret# 77 1 Washington y�'N�°N`� Department of Public =� a� 12 . Health and Enviornment Count I �. Lowell Johnson Director I..L_ Sue Hedlund February 5, 2007 Deputy Director Berry Farrington TKDA 444Cedar St, Suite 1500 St Paul, MN 55101-2140 RE: Well to Sewage System Setbacks,23409 Lofton Ave N(Jon Rogers Residence) The Minnesota Well Code requires a 50 foot setback to possible sources of contamination, including septic tanks, sewers and sewage treatment systems. The proposed system and new well will be approximately 60 feet apart,meeting the requirements of the well code. The new building sewer will need to be pressure tested if located between 20 to 50 feet to the new well.The old well must also be properly sealed and abandoned in accordance with the Minnesota Well Code. If you have any questions,please call me at(651)430-6676. Sincerely, • • Pete Ganzel Senior Environmental Specialist Cc: Jon Rogers Anne Hurlburt,Administrator,City of Scandia 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 -- -'-' JUPI KULUtKS I-7Abt CIL/tl.Ji 4 l/I-e 3 Jon Rodgers PO Box 306 Port Gamble, WA. (775) 535-0970 fax (360) 271-4539.cell Beery Farrington TKDA 444 Cedar St ste 1500 St Paul, MN 55101 RE: Adjacent property to 23409 N Lofton I spoke with Mr. Olson on Sunday 2/4 about the possibility of purchasing property from him or acquiring an easement on his property for a septic system. He replied that both options would conflict with his plans for the property in the future and that his property was not available either for sale or for an easement. Mr. Olson may be contacted at his winter residence at (520) 399-0935. I've also attached the letter I sent to Mr. Olson on 1/31/07. Jon Rodgers -•--- -+.+.+� Y f JJ JUN KUllULKS 1''HUt 10.1/10i Jon Rodgers 1/31/07 PO Box 306 Port Gamble,WA 98364 (360)271-4539 Gerald and Judith Olson 11360 232nd St N • Scandia, MN 55073 Dear Mr. and Mrs. Olson, I am contacting you regarding a property located on Lofton Ave in New Scandia. I would like to get approval to replace an aging septic system on the property. I have applied for a septic permit from Washington County and a variance from the city of New Scandia. While I have verbal assurance that Washington County will approve the permit, the cities planning dept has requested that I determine if land is available on an adjacent property to place a septic system. Tax records show that you are the owner of a parcel on Lofton Ave that is adjacent to mine, I've included a map of the area with my property marked. If this is correct, would you be willing to sell a small portion of the property or grant an easement so that a septic system could be installed? Thank you for your time and please contact me with any questions you might have. Sincerely, Jo Rodgers-� 4/7/14/2 From the Desk of Jim Schneider January 29, 2007 City of Scandia 14727 209`h St. Scandia Mn. 55073 RE: House inspection at 23409 Lofton Ave Scandia Mn. Dear Ann, At your request a building inspection was performed at the address above. Along with many zoning concerns such as, setbacks from road, property lines and lake. There is no room for a standard septic system due to the small size of the lot and the steepness of the banks there. Erosion on these banks are causing problems with the house and some type of retaining wall and or drainage system should be installed to correct this problem. The following is a list of items that would have to be corrected if the structure is allowed to remain. • Lean to/garage must be removed due to rotted roof and rafters. Walls do not meet minimum standard for the building code. • Foundation appears not to meet the required frost depth minimums and shows signs of obvious settling. • Shingles and roofing have deteriorated to where there are many leaks into house (ceiling is patched with plywood, rafters and insulation have been exposed to the elements. • Windows and soffits are rotting and no longer weather resistive. • Fireplace is crumbling inside and hearth clearances are not met. • There are signs of rodent infestation. • There are bare electric wires and open receptacles (wiring to code?) I was only able to look through the windows and not able to gain entry into the house. There may be more issues such as plumbing, mold, water damage, rotting, and structural deficiencies. Sincerely Ji Schneider Building Official TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS-ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.com To: Planning Commission, City Council, Reference: Rodgers Variance Request Anne Hurlburt, Administrator City of Scandia Copies To: Jon Rodgers Proj. No.: 13582.019 From: Richard E. Thompson, AICP Berry Farrington Routing: Date: November 30, 2006 REVISED January 16, 2007 SUBJECT: Rodgers Variance Request MEETING DATE: January 23, 2007 LOCATION: 23409 Lofton Avenue North New Scandia, Minnesota APPLICANT: Jon Rodgers ZONING: Agricultural District (AG), Shoreland District 60-DAY PERIOD: extended to March 19, 2007 ITEMS REVIEWED: Attachment 1. Application and Site Plan Attachment 2. Letter dated December 6, 2006, from Planner to Applicant Attachment 3. Letter dated December 20, 2006, from Applicant Attachment 4. Larson Plumbing and Heating sewage treatment system design Attachment 5. Letter dated December 20, 2006, from Washington County Attachment 6. Email from Department of Natural Resources. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to allow a new septic system that does not meet the New Scandia Development Code setback requirements. The variance would be to allow a setback of 33.5 feet from the sewage treatment system to the Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well. The property is at 23409 Lofton Avenue North on the west shore of Bone Lake (Attachment I). It is approximately a quarter of an acre and is a nonconforming lot. There is an existing 1,076 square foot house on the property with an existing well and septic system. The Applicant is not proposing a new building on the site but repairs would be made to the existing structure. A new well is also proposed. The application states that the existing septic system is believed to be an open-bottomed wood tank. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Rodgers Variance Page 2 November 30, 2006 City of Scandia REVISED January 16, 2007 BACKGROUND: The Planning Commission tabled the request on December 5, 2006 so that additional information could be obtained from the Applicant. The Planners sent a letter listing the information needed(Attachment 2). The subject property is zoned Agriculture District, Shoreland Overlay. The property is located on Bone Lake, a Recreational Development Lake. The Ordinary High Water (OHW) level of Bone Lake is 909.1 feet. The Scandia Development Code allows the issuance of a variance, "where it is determined that, by reason of exceptional circumstances, the strict enforcement of the Zoning Regulations would cause unnecessary hardship."The Zoning Ordinance considers hardship to mean; 1.) that the property cannot be put to reasonable use under the conditions in the Ordinance, 2.) that the hardship is not caused by the landowner, but is due to circumstances unique to the property, and 3.) that the variance would not alter the essential character of the area. EVALUATION OF THE REQUEST: Additional Information Provided by the Applicant The Applicant sent a letter in response to the request for additional information (Attachment 3). Below is a list of the comments from the Planners' letter with a description of the additional information provided by the Applicant. 1. Detailed septic system design, including dimensions of the proposed septic area and demonstration that this area is adequate for the sewage treatment system. The Applicant provided the system design by Larson Plumbing and Heating(Attachment 4). The system is a peat biofilter treatment system. The overall dimensions of the septic tanks, lift station and biofilter are 30 feet by 10 feet. The proposed septic area shown on the site plan is also 30 by 10 feet. 2. A letter from Washington County Department of Public Health and Environment indicating that the proposed sewage treatment system design is acceptable for this location. Pete Ganzel,Washington County Department of Public Health and Environment provided a letter describing the system (Attachment 5). The letter states that the proposed treatment is appropriate for the requested reduced setback from Bone Lake. The letter also states that the system will be subject to an annually renewed monitoring and mitigation plan. Washington County continues to be the government body responsible for Individual Sewage Treatment System permitting and monitoring. 3. The area in square feet that is in question regarding the title issues described on the survey. The Applicant's letter(Attachment 3) states that the area in question cannot be determined based on the existing legal description. Washington County tax data report that the subject property is a quarter acre. Based on the configuration of the adjacent parcels, the road and the lake, the Planners expect that the area in question would not be so large as to alter the nature of the sewage treatment system design and location. Rodgers Variance Page 3 November 30, 2006 City of Scandia REVISED January 16, 2007 4. Determination whether land may be available for purchase or if an easement may be obtained from adjoining property owners, including across the street, for the sewage treatment system. The Applicant's letter(Attachment 3) states that the adjacent properties are not large enough to accommodate a septic system for the subject property. The Applicant states he has been unable to contact the property owner across Lofton Avenue, and has indicated to the Planner that he has tried to make contact. 5. Staking of the location of Bone Lake Ordinary High Water level. The Applicant's letter states that he requested that the surveyor stake the OHW. The Planners' site visit on January 5, 2007 found that the OHW was not staked. The Planners measured 33.5 feet from the sewage treatment system location to the edge of the lake. Additional information: The Department of Natural Resources provided comment that the variance request appears reasonable given the site constraints (Attachment 6). Sewage Treatment System The Applicant proposes a septic tank and drainfield to replace the existing system on this nonconforming lot. The Applicant wishes to sell the property which necessitates an upgraded sewage treatment system. The type of the existing system is not known but thought to be an open-bottomed wood tank. There is not adequate space on the parcel for a secondary sewage treatment area. The Applicant is seeking an ISTS permit from the Washington County Department of Public Health and Environment. The Planners recommend that if the variance is granted, that a condition of approval be a determination from Washington County Department of Public Health that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. Setbacks The subject property is an existing nonconforming lot that is smaller than would be allowed in a standard subdivision today. Due to its small size of.25 acres, the parcel is not big enough to allow for the proposed septic system to meet setback requirements. The Shoreland Ordinance requires a 75-foot setback from the OHW for sewage treatment systems. A 100-foot separation between the well and drainfield are also required. The setback requirements are in place to provide for public health and safety by preventing contamination of surface water and groundwater. A variance to the OHW setback and the well setback would be required in order to replace the existing septic system. The Applicant requests a setback of 33.5 feet from the OHW and a setback of approximately 45 feet from the proposed replacement well. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system, and therefore prevent the sale of the property for residential use. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. Rodgers Variance Page 4 November 30, 2006 City of Scandia REVISED January 16, 2007 Nonconforming Structure The New Scandia Zoning Ordinance, Section 12, addresses nonconformities. The existing house is a nonconforming structure. The Ordinance allows repairs costing up to 50% of the appraised value to be made to nonconforming structures without a variance. Improvements worth more than 50% of the home's appraised value would require multiple variances in this case, such as lot size, buildable area, OHW and front yard setbacks, and maximum impervious surface requirements. Construction of a new structure on the subject property would also require variances. Therefore, future improvements to the existing house may not exceed 50% of its appraised value. The Applicant should understand that if the variance is granted, that it applies only to replacement of the sewage treatment system. The granting of a variance for the sewage treatment system does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50% of the appraised value of the existing structure. Potential Title Issues The survey notes that there are potential title issues. The surveyor indicated that because the legal description includes "half of a Government Lot" the southern property line is ambiguous. However, the ambiguity results in a potential gap between the subject property and the neighboring property to the south - not an overlap and property line dispute. Also, the legal description includes "East of the Public Highway" which could be interpreted as east of the centerline or east of the edge of the right-of-way. The Applicant's December 20, 2006 letter reports that the title issues will be resolved within 90 days. Because the variance request is for the sewage treatment system and not for changes close to the property line such as a fence, the planners find that consideration of the variance request would not need to wait for resolution of the potential title issues. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with findings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval, with conditions, of the variance at 23409 North Lofton Avenue to allow a setback of 33.5 feet from the sewage treatment system to Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well. The Planners determine that the criteria for granting a variance have been met based on the following findings: 1. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system, which is required in order for the Applicant to sell the property for residential use. Rodgers Variance Page 5 November 30, 2006 City of Scandia REVISED January 16, 2007 2. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. 3. The hardship is caused by the unique features of the lot, that it is an existing quarter acre lot created before the Ordinance standards were in place. 4. If the Washington County Department of Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, and will not jeopardize the water quality of Bone Lake or groundwater quality (a recommended condition of approval), the variance would not alter the essential character of the area. The replacement sewage treatment system allows for use of the existing nonconforming structure. The Planners recommend approval with the following conditions: 1. That the sewage treatment system is located as shown on the site plan dated November 10, 2006, and that the setback of 33.5feet from the OHW is verified. 2. That the title issue is satisfactorily resolved and has no impact upon location of the new septic system. 3. That Washington County Department of Public Health and Environment finds that the proposed sewage treatment system can safely provide for longterm sewage disposal needs, will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. 4. That the applicant understands that the granting of the setback variance applies only to replacement of the sewage treatment system, and does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50% of the appraised value of the existing structure. 5. That the effluent is monitored and meets a strict standard for nitrate nitrogen and phosphorous content. The standard will be to drinking water quality standards or as close to it as is feasible as determined by the Washington County Department of Public Health and Environment. Monitoring frequency will be determined by the Washington County Department of Public Health and Environment. 6. That the monitoring reports be prepared and certified by a licensed septic system designer experienced with the proposed system. 7. That all fees are paid. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 03-06-07-05 APPROVING APPLICATION OF JON ROGERS FOR VARIANCE FROM SEWAGE TREATMENT SYSTEM SETBACKS WHEREAS, Jon Rodgers has made application for a variance to allow a setback of 33.5 feet from the sewage treatment system to Bone Lake Ordinary High Water level and a setback of 45 feet from the sewage treatment system to the well, located at 23409 North Lofton Avenue;and WHEREAS, the property is legally described as follows: The South 200 feet of the North % of Government Lot 7, Section 5, Township 32, Range 20, lying East of the Public Highway 25 now out and traveled over and across said tract, Washington County, MN.; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on December 5, 2006 and January 23,2007, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Jon Rodgers for a variance, based on the following findings: 1. Strict enforcement of the setback requirements would prevent construction of the sewage treatment system,which is required in order for the applicant to sell the property for residential use. 2. Construction of a new sewage treatment system that meets Washington County Department of Public Health standards would better safeguard the environment than use of the current system. 3. The hardship is caused by the unique features of the lot, that it is an existing quarter acre lot created before the Ordinance standards were in place. 4. If the Washington County Department of Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, and Resolution No.: 03-06-07-04 Page 2 of 3 will not jeopardize the water quality of Bone Lake or groundwater quality, the variance would not alter the essential character of the area. The replacement sewage treatment system allows for use of the existing nonconforming structure. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the sewage treatment system is located as shown on the site plan dated November 10, 2006, and that the setback of 33.5feet from the OHW is verified. 2. That the title issue is satisfactorily resolved and has no impact upon location of the new septic system. 3. That Washington County Department of Public Health and Environment finds that the proposed sewage treatment system can safely provide for long-term sewage disposal needs, will not jeopardize the water quality of Bone Lake or groundwater quality, and that a permit is granted. 4. That the applicant understands that the granting of thesetback variance applies only to replacement of the sewage treatment system, and does not imply the granting of any future variance requests, such as to construct a new home on the site or to make improvements to the existing structure worth more than 50%of the appraised value of the existing structure. 5. That the effluent is monitored and meets a strict standard for nitrate nitrogen and phosphorous content. The standard will be to drinking water quality standards or as close to it as is feasible as determined by the Washington County Department of Public Health and Environment. Monitoring frequency will be determined by the Washington County Department of Public Health and Environment. 6. That the monitoring reports be prepared and certified by a licensed septic system designer experienced with the proposed system. 7. That all fees are paid. Adopted by the Scandia City Council on the sixth day of March, 2007. Dennis D. Seefeldt, Mayor ATTEST: Resolution No.: 03-06-07-04 Page 3 of 3 City Clerk State of Minnesota ) ) ss. County of Washington ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Scandia, Minnesota do hereby certify that I have carefully compared the foregoing resolution adopted at a meeting of the Scandia City Council on March 6, 2007 with the original thereof on file in my office and the same is a full, true and complete transcript thereof. Witness my hand as such City Clerk and the corporate seal of the City of Scandia, Washington County, Minnesota this day of , 2007. Anne Hurlburt Administrator/Clerk City of Scandia P.O. ;BOX 572SURVEYINC, INC. EXISTING CONDITIONS & SITE PLAN LINDSTROM, MN 55045 N PHONE: 651-213-1164 DATE: 11-10-06 SCALE: 1 inch = 40 feet FAX 651-213-1165 w =�- SURVEY FOR: JOHN RODGERS ' E S EXISTING PESCIJF9110N: The 5cuth 200 feet,of the North One-Half of Government Lot 7, Section 5, township 32,kange 20, REtEIV l`D Pub!' Highway 25 now out and traveled over and across said tract, Washington County, Minnesota, NOV 14 2006 • DENOTES FOUND IRON MONUMENT ® DENOTES EXISTING SEPTIC TANK LOCATION ANDIA TOWNSHIP ® DENOTES PROPOSED WELL LOCATION SS �lN . `O: 5HORS: I.This survey is intended for acquisition of a setback variance for a proposed new septic system, 2.The existing descrcticn for this parcel is ambiopcus.The northerly arid sawtherly boundary lines of this parcel are shown according to found monuments on the southerly line.These monuments may not represent the true bandan1 line of the subject parcel. 3,The client has been notified of the potential tale issue for the subject parcel.It is recommended that a title correctiai prcaeedinci take place in order to clear title. 4. It is unknown if the westerly Inc of the subject parcel extends to the west line of the Government Lot or to the right-of-way line of the road. I to ccD ��\ i , y \ ` \\'_ , \ N � -9 � ti y •/<- o \ 7 • ''-t. 4\_\ o \ , \ ' 3 `t- ,` �� .. \,./ 0 <cs � 0 1 I � 6-So 1! i Y •`OI 0 II 1 1 \. \. l\ :. \ .\\ % • sI ZzI 9Z9 -6� \ � y 1 < �� Zvi ) 1 0 "--)\ • 0 / / \ \ \ . • . .., i I / d..\ .-` . �� . v • zs„ 3 4 I60I � 159f cD �p CO r ' , oP: N9 / 1Ka x,9za \ i 60 a',EI I f I l I SURVEYING_ PROJECT NO. 06-099 09/15/ZUuu FR1 10:46 FAI 7634Z79448 Larsons Ylumoln. & Heat' tguu7tui1 • xl h N.,. \\ • • • a 3 • w bm a 3. l-� d 1 t6 CPJ J ww F j li 9 ct w ti w e (I.) m • � a w L. r 4 3\ JO a , r 't L J N 'I. i I f • i i q 4br a ?Z • HEBERT AND WELCH, P.A. ATTORNEYS AT LAW ®® TOWN SUARE ED 20 NORTH LAKE STREET,SUITE 301 I1 C�+ r V`� FOREST LAKE,MN 55025 n Phone: Fax: (651)464-8664 MAR Ap — 6 Z007 DAVID K.HEBERT MICHAEL A.WELCH CITY OF SCANDIA March 6, 2007 Mr. Mark Hamel Attorney at Law Dorsey&Whitney LLP Suite 1500 50 South 6th Street Minneapolis, MN 55402-1498 Re: Big Marine Lake Development,LLC Dear Mr. Hamel: I have received the marked up version of the Development Agreement for Tii Gavo prepared by you. The following are my comments: 1. Page 1. You refer to the 37 single family residential lot subdivision as the Project. On Exhibit A, the legal description of the Project, you described 29 lots only. I was not aware that the Project was proceeding forward in two phases. What is the purpose in doing the Project in two phases? If Outlots I, J and K will be presented as a second subdivision, the City must know if there is any intent to subdivide those Outlots other than as presented in the preliminary plat. 2. A Letter of Credit will be required in an amount equal to 125% of the public and private improvements at the time the plat is executed. A Letter of Credit will also be required for the landscaping improvements. The Letter of Credit may be based on contractors' bid amounts or the City Engineer's estimate of the cost of the work. Scandia does not accept payment and performance bonds as security for the installation of the improvements. 3. Page 4. You have deleted the private water system from a description of the Private Utilities. The Project has been presented as having both a community well and a community sanitary sewer system. 1 4. Completion of improvements. It is the policy of the City and the City Consulting Engineers that improvements not be left to the end of the construction season to be completed. Late season weather has an adverse effect on the quality of the improvements. If there are good reasons why the dates indicated in the City's draft of the agreement are not workable, we can discuss them. 5. Page 7. The City will not accept the improvements until the warranty period has expired and acceptance is made by formal motion. Language could be put in the agreement stating that acceptance of the improvements shall occur after the warranty period has expired and the City has failed for a period of 30 days to take any action on a request by the Developer to accept the improvements. 6. Page 9. The letter of credit for the Landscape and Tree Preservation Plan is open for discussion, but the sum of$10,000.00 is probably inadequate. The reduction in the letter of credit to $5,000.00 after completion of the work may or may not be adequate. 7. Page 10. The park dedication fees are $1,500 per residential lot. Thus, the park fees for the first phase of 29 lots are $43,500.00 and the amount for the second phase should be adjusted accordingly. 8. Page 11. Granting of building permits prior to the installation of the first lift of bituminous surface may be discussed. The City Engineer will need to be satisfied that there is ready access to any construction site for emergency vehicles. 9. Page 12. If landscape plantings are placed in road rights-of-way, they will routinely be removed by the City's brush cutting equipment. 10. Page 13. There may be no resubdivision of any lots in Tii Gavo since the plat has been approved as an open space development and as a planned unit development. No building on Lots 1, 2 or 3, Block 10 may have any point of the structure exceed 30 feet in height. This was a point of much discussion. The Planning Commission wished to protect the views from Big Marine Lake. We will need to discuss the proposed definition of height. 11. Page 15. The last sentence of paragraph 11 is not acceptable. 12. Page 16. The deleted paragraph pertaining to insurance must be retained. These comments are not necessarily exhaustive and the agreement has not been reviewed in any form by the City Council. Sincerely yours, HEBERT AND WELCH, P. A. David K. Hebert DKH:lp cc: Anne Hurlburt (with enclosure) 2 a- � -1 o_ TKDA ENGINEERS•ARCHITECIb•PLANNERS 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com March 1, 2007 Mr. Roger Tomten Putnam Planning&Design 502 Second Street RICcE iED Hudson, Wisconsin 54016 Re: Tii Gavo Final Plat Submittal MAR _ 5 2007 City of Scandia, Minnesota Scandia File Number 2007009 CITY OF SCANDIA TKDA Project No. 13582.010 Dear Mr. Tomten: I have reviewed for completeness the Tii Gavo request for Final Plat approval that was submitted to the City of Scandia. I have found that the submittal is incomplete. The Tii Gavo Preliminary Plat was approved with 18 conditions. These conditions must be addressed in order for the Final Plat to be considered complete. The following items are needed to complete the submittal. 1. The Development Agreement must meet City standards per the City Attorney. A revised Development Agreement must be submitted. 2. Escrow of$7,000 must be submitted. 3. Profiles of all new culverts and storm sewers must be submitted. 4. The Homeowners' Association Open Space Management Plan must be submitted to the City for review and approval. The City has not yet received this document. 5. The Tii Gavo Center Plans dated January 24, 2007, show that the structure encroaches on the Big Marine Lake Ordinary High Water level setback. Plans showing Tii Gavo Center outside of the setback must be submitted. 6. Documentation of Minnesota Department of Natural Resources approval of the channel must be submitted to the City. If approval is pending, documentation of the permitting status must be submitted. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Tii Gavo Final Plat March 2, 2007 Page 2 7. Preliminary Plat condition number 5 suggests implementation of a boardwalk and fishing dock. The submittal must address the boardwalk and dock, either by showing them on the plans or addressed in a letter as to why they are not being implemented. 8. Documentation of the Carnelian Marine Watershed District permit must be submitted to the City. If approval is pending, documentation of the permitting status must be submitted. 9. Documentation of approval of the community wastewater system from Washington County Department of Public Health and Environment must be submitted. 10. Maintenance and management practices for the wastewater treatment system must be submitted as part of the Covenants. 11. Plans showing the size,placement and design of the accessory storage buildings must be submitted. 12. The Covenants must include a ban on the use of copper sulfate or chemicals for weed control in Turtle Bay, and state that only mechanical means of weed control are allowed. 13. The City received your letter dated February 2, 2007, regarding parkland dedication. Thank you for providing this documentation. The minutes of the April 10, 2006, Parks, Trails and Open Space Subcommittee meeting show that the Subcommittee agreed for the trail easement to count as part of the Parkland Dedication, if improvements were made - including a mowed trail, grading, and gravel surfacing of the trailhead and parking area, and signage - in conjunction with initial site improvements made by the Developer. The minutes state that if the trailhead improvements were not made, that the Developer should provide the funds in reserve to the City for future improvements. Your letter states that you did not feel that the trailhead and sign improvements were appropriate at this time. If improvements are postponed, the minutes show that funds for such improvements would need to be paid to the City by the Developer. The Parkland Dedication cannot be reduced by 14% based on the private open space in the subdivision. The Scandia Development Code allows for density bonuses to be awarded to the Developer to encourage conservation of open space; the Code does not state that the open space may be used for parkland dedication purposes. Based on the documentation received, I recommend to the City a Park dedication of 2.1 acres of trail easement, payment of the signage and trailhead improvement costs to the City, and a fee in lieu of land of$1,500 per lot reduced by 19% (reduced for the trail easement). The fee would be $1,215 per lot, times 36 lots, for a fee in lieu of land of $43,740. This total does not include the trail improvement costs. Tii Gavo Final Plat March 2, 2007 Page 3 14. The Final Plat submittal does not reference the planned community water system, and the Tii Gavo Project Engineer has indicated that there will be individual wells, not a community water system. The Preliminary Plat approved by the New Scandia Town Board indicated a community well on Outlot E. The community water system was one of the factors that led to approval of the full 100%density bonus for Tii Gavo. To remove the community water system from the Plans constitutes a material change to the approved Preliminary Plat. The City of Scandia has not received any communications to discuss changing this significant component of the project. If you do indeed propose to change the Plans to use individual wells, the City will need to consider if an amendment to the Preliminary Plat is required. The request for Final Plat approval cannot be considered until the water supply issue is resolved. If you continue to pursue individual wells, please contact Berry Farrington, Planner at (651) 726-7904 to set up a meeting with the City to further discuss this issue and the Preliminary Plat amendment process. The 60 day review period required by statute will not begin, nor will the Final Plat be scheduled for City Council review, until the Application is complete. Please contact Berry Farrington at (651) 726-7904 or me at (651) 292-4474. Sincerely, 4t?,/_2/evee Richard E. Thompson, AICP City Planner RET:cme cc: Ms. Anne Hurlburt, Administrator David Hebert, Attorney Tom Peterson, Engineer \ it- i=... . IM)rxt 0 rim 0 31.-41_110- ) TA W.....1 1.11111111Ehai ' 1=' °GIN .. .4-.......1-.....J-.. ..11 ....1 ••••••11 .....11 .. il -.111 mio•A 11 -.- .... 11,m.m.11.m.....1 .. 1.11 — - 7.11 "owl -.....- -.-. .111 PART OF SECTION 36, T. 32 N., R. 21 W., &PART OF SECTION 31, T. 32 N.,R 20 W., ALL IN WASHINGTON COUNTY,MINNESOTA. , /' t""A ,4';r.,t0,','Ar.44-, '', •,-,:0,,rft.: ' ,r,6-,...'''...••,";,Wt4-1.. 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' A-ill l'.'' , 4 ,, ‘..,' , • , : , ' . , • • .. - \ will _, . .. • . ..... .."1 • . . • . ... ,,,, .,..._.., 4.,..„..,...;..;..,,, ..,. :, .. -.. • .• „. .:, A. • HICD17:2cii3C=0 v GRAPHIC SCALE SCALE IN FEET Fi tv ..) 0 300 600 1200 18000 ' to li• RECEWEE) 1 1 INCH = 600 FEET 0 cs, FEB 13 ZOO/ ..-,-. HULT & ASSOCIATES, INC. SURVEYORS, ENGINEERS CITY OF SCANDIA & WETLAND SPECIALISTS z 0 FOREST LK.,MN 55025 6 z 651.464.3130 2, February 1 2, 2007 -, • ea ,,, ea -LI 191BLENEZ—t '4--1 ARIr P 'V FOR ''''' ELITE ROCK ..L.A, PART OF SECTION 36,T.32 N.,R.21 W.,&PART OF SECTION 31,T 32 N.,R 20 W.,ALL-INTM ; 4. *„. 1 1 . { 1 . L i -91, 1 arr OF PoFeerr LAKE H I fil'Y OF 8CANDIA -L.- KCXr--2Th , I '1 w •*, , , i ,21I,MESIR. 1 0 j ‘RICHK..,D. j 4111;'1/ 1, s'WD COOK I- )1-88°,RONALD C. ' ji!I ' %. Kr< 1.11 I I' '''I MA)' . ' .., EXISTING ZONING: EXISTING ZONING: ,• . r a . 1 , \HOEKr,A „T, , .6011" ' r;TY ,Ai; ;D;;;-, '.,:,-I' T Ag c MCKNIGK3 ,../k„..),DIANALADCM \)1 t',.'' ' GRAPHIC SCALE i t s, ••••ati;_____•,„__ \144.14',V.., n51.4.244.4.4622: 5,, z „„,,,,,623' SCALE IN FEET I ____—„— (IN THE CITY OF FOREST LAKE) (IN THE CITY OF SCANDIA) __ • .1_; - i 7 —_'-,-- 1.,g2, 76-7----,-:..-"": ,•s, • -•::::N,,-, _ 200 0 200 409 AG AGRICULTURAL DISTRICT AND AG AGRICULTURAL DISTRICT AND 'I c -agaWiani nelliga,,,7;1- :::=-..„.„=AA--•017.1k-i--- •Ti,.., ---= f.4.; • ,.••• , 471 7 [ IRE MI 1 INCH w 200 FEEMIffinianfi SHORELAND OVERLAY DISTRICT SHORELAND OVERLAY DISTRICT -, fi,..• 1----, ,us --s---.0,-- i.._,, .../,--,, 1 I,A ..1 1 (ADJACENT PROPERTY THE SAME) (ADJACENT PROPERTY THE SAME) ft'7'(°.,(7n,-,‘••-••,,---LA--'-'' L.„-,..,, ,- ,,,,,,,---..,i;--1-.-.--,,I,,.-=,\--,*Ar,.....z,....., :)----.1 ii''' , t `-,,,',-..:UNE 44.‘„Ity. ; ', 4,A\,` 1 sec.1'. 331.---1 , .-\,II \."' , ,Lki,43!..qi--., 1 3, 'I n, ,I I I'L \ - alAT-1 , .1 ?61 -894-- DENOTES EXISTING CONTOUR(Pew Washington County.Minnesota,2000 Digital] DIMENSIONAL STANDARDS DIMENSIONAL STANDARDS - it i • A.(.. , . 1 • ... 0.,..,t.‘••A\i ; , 2'Contours ond Digital Terrain Model) .;,I :7 --,, , . --\., \ i , ,..._..,_:33 ,3',q; \ ,;, MINIMUM REQUIREMENTS: MINIMUM REQUIREMENTS: / ---f' .--,, , n,,,. . ,,_ ' \ r, \ '21i1111.6.41%11 ''IA MINIMUM LOT SIZE 5 AC. MINIMUM LOT SIZE: SAC, 1 I i It;l*'..---7---7-•• •;„ ,...„ 't t •\ I ,v1,7 (717F\ ... 4 , ! N DENOTES WETLAND AREA lay Dorid Meinrichs,We(Iond Speciollist,Rout A Assoc.,No,) , (1 , TA: (A-------- -' ,..L-1-.-H1-- - --4.-- kt,(I•Iij MINIMUM LOT WIDTH:200 MINIMUM LOT WIDTH:300 /7 ' ,0( • • ••I•te- 'INV• -• V., •( \-•----- T7,-, ,... ----f•-7-- 7 C ,' ss ,L._.----\-•--_i/ --64`'tLiLLJ, — L't \' f' i) irtci \ if'c, , E .; DENOTES POSSIBLE HOME SITE AND DRIVEWAY MINIMUM BUILDING SETBACKS: MINIMUM BUILDING SETBACKS: /-i '`,/ -t=‘---•-•-v,, ,i'Lt\%ic(7_, ( k-itio---‘,„ \, .,-- ----- ,,, ,, 3, ‘,..-‘,.‘k-‘ POSVILE 133033,4,3,3 FRONT 40 FEET FRONT:40 FEET LAWREI4rE1a. i j t ,1,,4, , -- ss "v : ,,,,, i A,, A ' ' ,:.r.A REAR:50 FEET REAR:50 FEET i s*tkihi t, i#.1"- \\ -, ,,,se,-, ! it, ) ; \ L c'ti , stiti\\ ONW LINE DENOTES LANDWARD EDGE OF AOUAnC VEGETATION ON NON DNR WETLANDS SIDE:20 FEET SIDE: 20 FEET ‘07147MIA AL t,, I I/rym,1/jr r). Or., ' ...-110. /, . , v I- L ',1,i : 0,,,,i :,. • r )\ vs ‘,..,,\ LAKE:200 FEET LAKE:200 FEET 7 1 16,, 's FIT 18 \.'''Ci .;..,- 7,„ '\ \Lc--AL17;_74.,,f.,-.,:__.:„.4.,g-; k *1'.`111.7. ,\N\ 022 DENOTES EXISTING WELL WETLAND:FLAGS 25 FEET/OHW 50 FEET WETLAND:FLAGS 20 FEET/OHW 75 FEET t ,/ 'Li' I .Woki),' rnnitscirone r .itl L i 3:474`13:If;I 1 \ ,,-L.-::- - 7,_ - ,.-----.14:-:2---— 1.--- -4\ 7., , 22222W40.2221 n 1 '1 ® DENOTES POSSIBLE WELL SITE NOTE: i NOTE HI \'VI\ ' ( ••/( it 5f1fitqi 1 •\, I 'i ri.titstFii• `-.It' ',i i 1 (' '• . "-----\''-•-.`t.' - -,I itLi '.:_,••• •-••••(___• • 4 c.,I •• ' I • ',(7-2•/7I \T3,-,--A,' w„.„...'' P..k , ', '‘,^•:• , ALL LOTS MEET REQUIREMENT OF 1 ALL LOTS MEET REQUIREMENT OF 1 CONTIGUOUS H33) DENOTES UTILITY POLE ..." / I ',. ,----------- -, . - 'II-1T- ' *,I 1. *OW I -2331300T,32-3, 0 ,...c....1. \ ". `,S.\\ ", CONTIGUOUS ACRE EXCLUSIVE OF SETBACKS ACRE EXCLUSIVE OF APPROPRIATE SETBACKS. r ri17 --s..,.. --,--.,,,„„-,.. ... , ,..,,,.Lidel,..or-, 'A -'7,..,.,;%;..........,, ' '0 ..,,,Ar','V -.'.4„ ':.,'. '.,,..„,)---.... (PER SECTION 8.65 OF THE CITY OF FOREST „Si :.,,,! _,*..,--L --,, ,,L,44, glAst.4 ifstwodie-17-:-- il,--- At 1 .-k.-,_, .'!,, 1.4.,,, "--, DENOTES BUILDABLE AREA(EXCLUSIVE OF SETBACKS) LAKE SHORELAND OVERLAY DISTRICT CHAPTER Allattj5j-Rtliititi'L; 1 :Li ---- .Lti--'t-' 4LL,4, 3 I ti10141V L.i 'i '''i'\ L'\4 „.4 DEFINITIONS. ) -." ,,,LiL;,..-.750'14.4t .:Lsk s1)1 ;3'177 i'jeL.gc,---DLL,Lis.L.-„,,,,__, ........r....,_ ,..../ ..,,LAIL44,17 i''' v i L oet DENOTES SOIL BORING LOCATION(ADVANCED SEPT,C) ‘. 4. .3...i,.7I,A_(A-,, .. 1 '.' ' ''4.,,, r'...'''::..''." '''''' .. .t.',.,. ...W.1 '' .-',114 ---; L-1:_---,--:\ t9,,,qf'," l -, --,t, --- ,,,,,,-= ------ -------:, -, , % -7;3', ' , DENOTES APPROXIMATE EDGE OF WOODED AREA(PER AIR-PHOTO) - ',„"..,\\ __Tii3h1,3';,,, F i.' I /1 , \'TITT,.-.,,S.--..,`, , ,.1 g F.Is443PI ..ii"4",-'IF 'I* i \ v `k, \'CI*. DENOTES WETLAND IMPACT AREAS ,.:7 DENOTES WETLAND MITICADON AREA MINIMUM WELL SETBACKS -\ Ti <$. st,, .sp if--;" , 1---,--Y07 '''' 5---', ; ' .'+. •+,'. ' ''-' \ "u'' '''il_.\ \1 I `-----" \ 0 1 (per Minnesota Department of Health code) J,...L::::,`" /( i • , ; • •,,, • -, i, •\\ •A . ,o,4 AT,••, ._ ,,,,„..2,,,'t •-• ttii. f ;‘11c*-"'-',71-;,..-(ort \ \',::„,, n -- ,,,,,,.,-----7:1_,z \ ‘,„„,,„-JK;KA, -, ---„--A u\ ,1 %,.vs ' ---;---- •A,------7,-'.4 \soi...\ , ‘ 44, 7, trItii La SEPTIC: 50 FEET Si-Li LL; m.,`,17-'i-ii-74st ; ; Pieit-77,t t"--L L i ii, 0. ,,,,i,...'-i ' ,L .L'ii,\ti‘,4 t 1 _L r,,,,,,,--- 1,..S\\,‘,L \A''''-- 's '1",, A i‹. SEPTIC FROM SANDPOINT: 100 FEET f5 1 - -Litr--L ' -"* '7.!-----=----r-V,-`) - 41-.. .,e_. '-'71\ __."''/- Bi'4 4'' \—'\ ‘ 1'''"'1'—''"\ \ '11 '''1,• 11''Filt• I;:g.g‹ DENOTES 5000 SO FT. SEPTIC AREA(PRIMARY AND ALTERNATE) HOUSE: 10 FEET wOHWNTEERR/OODKEVREALNOCPH,ERLtL.G. 'n'--- I -- '•7'' Ot e Se-- -----• -0'- ' ' '/ + '' - •+ 'A- -"" ', -'-'° - ,.-°--'7,..--:::27.-7:,A s N, * N If', PROPERTY LINE: 6 FEET 109 EAST MYRTLE , b . ,-,-,--tz.,-,---.„i_ ___, ,,;•,„ / ,'' :ti+am!' &, '''' - /r7Z.F4"-- \7.07•'i',(7',.+7• -•- i WETLAND: FLAGS 50 FEET ) STU WATER, MINNESOTA 55082 — — —,-N---, .\ -, L.15.1:NN N'r•--.- .-- - -_-_-_,NN:,8-82.5 ...--N ' ./. / • is:,4.-e 4 °L ' t i. I") \' '.----' ''N', 7%.;k'v- N s‘i .. - . ., • - -„,.,-,_ ,,,„4:.,-,i x „,, c, 551.351.1450 \-ett\ -4, 2110."44.4 - "4"4i 44(-LLt7\'4 fiLNi 'N 4.5, eL PLANNER: 0/;,,g,,, ;,,.-1,-- - ---,.. ',1' / 0, ortol,.. TOTAL ACRES:1051±(IN THE CITY OF FOREST LAKE AND THE CITY OF SCANDIA) , — —6'4---.',,,,,Frzt,,::,. ,•,,•`,i 1,-,''' * ': \ 5_-- -/.•I G ...<' ‘'----weeensto awn.81 K?; '1I 1 t..-1 Ftr etrA1 A8Kr..›):'\'` SENN & YOUNGDANL 4...8.a2 •'.';,,++' 157++N N'-,....- -•, -- -+ --5 - en ,...,e --' , , yl I r',5 '47#.."' _L..- .,'..;., -.4.. • ., --SS'\,\;,,,, 4' ';,A ''W1.44. '''-' --!._ - i' -- ,,*-----4,----L*---,„ u...-irez,,p, , ;-- - 1;....,-... r, c,-4--- '8 ::::---"), 81-1N‘A ) le„t3,k, ACRES:79.6±(IN THE CITY OF FOREST LAKE) ACRES:25.6±(IN THE CITY OF SCANDIA) 109 EAST MYRTLE STILLWATER, MINNESOTA 55082 651.351.1450 - , ,5+• , ' 0/_-- .. ,.- A ii.7-4,0- N..., -- ,_-- 131' it ' +++,'-,.......5...:".....,,... ." ..,,,,,,,,' ,.. ‘• [--- ,- - -' - v gie • _ 0 sp I ;r\, ,,,i4c, TOTAL UPLAND ACRES:96.9±(IN THE CITY OF FOREST LAKE AND THE CITY OF SCANDIA, SURVEYOR, ENGINEER ,te, , , ,•',',/-, _. A-"Tr . ---- -• Alt ,,-",--.- '''- ' .--7 41 77-1 „-- ,, I -, '" ''z-1--.74[-,Z, ,,./, ‘_- 42,„ '', - ABOVE THE ORDINARY HIGH WATER MARK OF EXISTING(WETLANDS AND WHITE ROCK LAKE) & WETLAND SPECIALIST: \ , /.,4s..-.. f -„, ,4,.0- , / .rwr LAND sI E c;,01'-''''',II>11/1t,,,,,,.., . , A i V/ ..' ‘A;k\"r'A 4‘1,.. (C:' 4 '6"2n-.Sn NUMBER OF LOTS:14 HULT & ASSOCIATES, /MFR A ‹C' t 74 - P.0 BOX 37 _7:-11:__•:+51,1,4ipt::,*,_•.,,•••••„„„4,•:,7'?;__-,,,c,,,_-:\: :,1 4,,,,,r,-3%).'0.*•-,,,,!.,\Z.fy.k.„.?---.',,,....',;:i,._,,,,p, Ar ..„_1 ,,,......„..„,??47:,,,--1.:,7\1,•,,,,11-ZA 77:...1-,,,---:- ,„,1‘,..,,L,..,,,\:,,, .,r_‘12,-,:,..',7.1!,,;)--,s ii ,, 1\1,2,,,, 'DENSITY:105.2 AC./14 LOTS=7.01 AC.PER LOT OR 105.2 AC./14 LOTS=0.13 UNITS PER ACRE FOREST LAKE, MINNESOTA 55025 651-464-3130 nit:reek it : __--- 4t4mol „,,,T.+,..1 n .,,s 11214101,4)7,--- \(,) s i '''',.-°-'- ---; 0264 ''-'A '-,,01,,,,..j...,IOW.,,, ,, ,' '''''''''.'''''t,".Nt :lig 4; , ,.„.1.',' .17.7 $02.59•39"44 PHASE 1, ENVIRONMENTAL ASSESSMENT: .‘,41%,..= '1,....., .•• I: - __, "............., • 0 - ,. ,,a,.-..._• .,,L,„..., _.........„Az vO,N -....,.... I 4/46414.44 22 WENCK & ASSOCIATES, INC, i'",---?---;,- 9 t-,---- '. •'...,--rt,,' \ 8 : '', '''',IL 11'1' 01164 "',7i69.,3rio-E: ---- f '-'''''.17-38 .7,EI; ", - -;:- .,-' _--, BUILDABLE AREA LOT AREAS 360 NORTH ROBERT STREET t g•--' ,+-5- ..n...„„81‘-‘,.-+. ..',_. , .,.'7.-`8'.,.,..',)16', ',..."..‘34,52---..-• :,, ;i ,7,j++ -- ,,i-4- - ,, 1 0_,. ". , 1 ST. PAUL, MINNESOTA 55101 T • - I... 651-228-1909 0 4,..----', , ..--•_7-1.-'--,-- -ER- ,,-lifi,,--,-,,,,,,,, ,,, , ,v.-F- s ,,, i , i t-cs .c1H) :,,., e5 :-` ' CAMMUOUS AREA(EXCLUSIVE OF VBACKS) -_-_-„/„. '„' "\• I BLOCK 1 /,,,,4f.,,!•i.tt' ‘..3_.ne...- _-7, ,-,,i '‘,..'-‘ ')1'.%,- ) - °--)I T ,/,-1.3--- 4,-0. 6-2/ 'IOA'4,0;22)....-4- E,/,',,,..r..,NE-/' :717,-- ITN2,2' ( -,e0 L (0, \ / , LOT 1 132.0103 SC FT.OR 303. AC 218,926":.so.FT. OR 5.03 AC, __, \,o, ,(‘'‘, IND:T LAND,t,„ ,,,,, ,-‘ 4,‘,..•,,,,,,,,,‘^, •„,, ,77,50',,i _,._„„ . N, :,,,„ ! g; LOT 4 213,1 70±SO.FT. OR 4.92 AC, 249.5563 SO. FT.OR 5.72 AC, 12, I 1' l'' LOT 5 iLa I-00°C KTT 21 2 LOT 3 174,3442 SO FT.OR 4.02 AC. 124,721-3 SO F.",OR 2 Si AC. 126.8822 SO. FT.OR 2.92 AC 151,8492 SO.FT.OR 3.5±AC. 295,0853 SO ET.OR 6.82 AC. 230,3473 SO.FT.OR 5.3±AC. 227,345t SC FT OR 5 22 AC, 260,3753-SO FT.OR 6.02 AC. VICINITY MAP SEC.38,T32N.,R21W. 8n, ', II''F'tr-z, ,,,v;;,*- , ,,,,6, J..,-,---,:,-,- •-• „„,..,„,„1 ,,,,, ' 135,7152 SO FT OR 3.1t AC 341,8452 SO.FT OR 7.8-2 AC. AND LOT 4 i LOT 5 107,7152 SO FT OR 2.52 AC. 5I8,735t SO FT.OR 11.92 AC. SEC.31,732N.,R2OW. ' 4-85.13583 SO FT. OR 1123 AC. _1. _ LOT 5 63.0283 SO.FT.OR 1.42 AC. . WASHINGTON COUNTY,MINNESOTA 238.61,53 SO FT OR 5 4±AC LOT.8 . 121,53I±SO FT OR 2 fit AC 180,4062 SO FT OR 4 1t AC. 437,3212 SO FT.OR 10.0t AC NOT TO SCALE ,LE___L__T 9_, S6,829± SO.FT 0,R 1.5±AC. 487,4152 SO FT,OR 11.2i AC, tAORSTAD/ l'E '. A/89 IN- - 1—, 393 ON 554641. .2 / . 4-- ',72n-- '11422-• ' I SUSAN A,JONES DRAINAGE AND UTILITY EASEMENTS SHORN THUS: Viii+5 1 tirii , GET OF FOREST LAKE CM(OF SCANDIA . . I .... T i- to I , *_... _ _ _ _ . I t r - cTi BEING 10 FEET IN WIDTH AND ADJOINING STREET ' i 'L k I i Jit ,/L",,re ,riCri.„L i i,i7.,1 , L,,, u ys 1 LINES, SIDE AND REAR LOT LINES, UNLESS ' ‘-`-'-', .. ,-' I 4:-. I '"\ LAKE ,4, \ OTHERWSE INDICATED, AS SHOWN ON THE PLAT. \ '-,- ''.°T. .: CITY OF SCANDIA: CITY OF SCANDIA AND CITY OF FOREST LAKE' I'Il 1 ; 1 IMPERIVOUS AREA IMPERIVOUS AREA LEGAL DESCRIPTION:(per Doc.No.3100684) ii--i----Z. - I con, WW1 i 4. 1 " -' j K w The Southeast Quarter of the Northeast Quarter are the Northeast Quarter NOTE: TOTAL AREA=1,115,1361 SQ.FT.(ABOVE O.H.W.) TOTAL AREA 4 4,582,512±SQ.FT.(ABOVE 0.H.W.) or the Northeast Quarter of Section 36,Township 32 North,Range 21 West, THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES,UN TED STATES CORPS OF 1 EXISTING IMPERVIOUS 15.780±SG F7(1.4±%) EXISTING IMPERVIOUS 15,7808 SQ FT(1.4559) Also Government Lot 7,Section 31,Township 32 North,Range 20 West, ENGINEERS AND OTHER WATER MANAGEMENT AGENCIES HAVE CATEGORIZED HOLT & ASSOCIATES, INC. 4 , , = . . excepting the Southerly 650 feet of said Government Lot 7 VARIOUS WETLANDS,WHICH ARE NOT ACKNOWLEDGED BY CHAPTER 505,02, SURVEYORS, ENGINEERS ? TOTAL IMPERVIOUS(INCLUDING PROPOSED DRIVEWAY TOTAL IMPERVIOUS INCLUDING PROPOSED ROADS, Al in Washington County,Minna*, SUBDIVISION I OF MINNESOTA STATUTES AND MAY NOT BE SHOWN HEREON. ,:t WETLAND SPECIALISTS 6 &STRUCTURES).33,360.SQ.FT.(3.08%) DRIVEWAYS&STRUCTURES)=184,135±SQ.FT.(4.0-535) 2 DEVELOPMENT OF LANDS CONTAINING SAID WETLANDS MAY BE SUBJECT TO SPECIAL FOREST LK,MN 55025 1. CONDITIONS OR LIMITATIONS 651 4643130 Eebn.cry 12,2097 /,-'-NW. C5DR OF'SEC, 31, T.32N, R.20W. IPPIPPIPIPIPIPP."-- . . cz .j.' : E.7,J , e. i',1- i. ,N. -,Iii 0 iv• ., ,..,,)y - . L , - ri .st - , „ serrxm , 0 ..,....., „....., ___, ....., .....„,....„ .,_,.....t., ....„.......1 ..........1 1 , .....„ PART OF SECTION 31,T.32 N,R 20 W, WASHINGTON COUNTY,MINN. ESOTA. ___/..---- • t•„, i ,,,. L 1---1‘-'-, 68) - ; ,,,.t.3 1 6 ,9• I 0, _,.-- ---.., ._ ,- --- ' MCDQ'il'M GRAPHIC SCALE SCALE IN FEET \ I OWNER/DEVELOPER: WHI GE ROCK RANCH, L L C. 104) 0 in BE .BE 'too 200 109 EAST MYRTLE 1 INCH- 100 FEET \ 651.351 1450 STILLWATER, MINNESOTA 55082 TOTAL ACRES:25.5= 0\ PLANNER: \ \\ \\\ & YOUNGDAHL i \ 't ''`''' \\ LL , \ s \ \ °'/ i '\,,, \ \\--4,1\ lz 109 EAST MYRTLE STILLWATER, MINNESOTA 55082 651.351.1450 SURVEYOR, ENGINEER —as4— DENOTES EXISTING CONTOuft(Per Washington County,Mhtnesota,2000 Drgitol & WETLAND SPECIALIST: \'s \A \ \ [ ,-L. , AAPP,, ,,,_ 's4SEP N:s, \ ',:\ i I %\*S\ HULT& ASSOC I AYES, INC./MFRA P.O. BOX 37 FOREST LAKE, MINNESOTA 55025 651-464-313o PHASE 1, ENVIRONMENTAL ASSESSMENT: WENCK & ASSOCIATES, INC, 2'Contours and Olgital Terroin Mods° . s DENOTES WETLAND AREA(ey Dome Hairy-ices,Wetland Spetlogst,HO!Se Assoc,Inc.) =------- DENOTES PROPOSED ACME STE AND ORNEWAY VR01,4.OP1,00, \.,\ 360 NORTH ROBER T S TREE? U ST. PAUL, MINNESOTA 55101 0147/LINE DENOTE'S LANDWARD EDGE OF AOLATIC VEGETATION ON NON DNA WANDSS \ 651-228-1909 \ .2 N , N, \\ ,. ,. — SCSTING ,,, -N \ ' \:N,. 0_ SHED '- E TING „ s , ...,,,N\ \ --.„,.....„. 0 ° 1 ` \ '''.., NOTES: I1 , , ,.. 1. IF TREES ARE TO BE REMOVED DURING HOUSE CONSTRUCTION, THOSE TREES MUST BE LOCATED AT TIME OF BUILDING PERMIT APPLICATION. 1I1 o,,, = = LEO = ,. * , Lc) EXISTINGO , , \ A 1 vsSe' 2. TREE INVENTORY SHOWS TREES IN THE AREA OF CONSTRUCTION, NOT --- ---. - , 1 \ ALL TREES ON THE SITE ARE LOCATED. 'EXISiN-G..., ‘ ' \?.. sss\ ''',.,,i \\\\ ASPENTOPLAR) 0'386° BASSWOOD 3. IF AN AREA ON SITE IS TO BE DISTRUBED MEASURES TO PROTECT ^P •,<1,.e -P 49."8." BIRCH SIGNIFICANT TREES AND SIGNIFICANT WOODLANDS, AS REQUIRED BY ,,, . . ;1 I lI,, ,p6s, .,..16 0 53e 78 BOXELDER SECTION 9.11(7). ' \ ', \ 0 I __---------.,.--- -0^1 ).., ) ,.. .----- 9- ,-•••_„, CHERRY ' / -7,,,,,b •,,,,_. ,,,,,,,,.. ..-1' • ' \ ELM ' '1, -1't" '6;. C 1% ' , (1) :3 U , -- ,.-' r",, Ci 5 en".5 MAPLE • k-) \ ' •L''' : Io - \ ',. --------..,,,,N 1,-. p '1"," Q"'" OAK // a 3° CITY OF SCANDIA CITY OF SCANDIA AND CITY OF FOREST LAKE: .";: N \ o ....."5 PINE(RED) \ _,„, \;;., T,,,,,./---..1..-'—.*:„..,_ __ \ on ''',. '','4 .tle IMPERIVOUS AREA IMPERIVOUS AREA A-1-......,I1 --WOODED ' ---..., , \,,,,,, • \ ,N.s„ \ -,/,, few' POPLAR(ASPEN) 4 ' ' ' , ,‘ 1-----, --...., 1 \ 'N. \ 0,,,,, TOTAL AREA..1,115,136t SO.FT.(ABOVE 0.H.W.) TOTAL AREA.4,582,512t SQ.FT.(ABOVE 0.H.W.) (OAK) f -14.---::\ \ __.„, ,: ..,s Ns, 1 '''<• 6-6 SPRUCE ''` N\ I -It, EXISTING IMPERVIOUS.15,780±SQ.FT.(1.4±%) EXISTING IMPERVIOUS 15,780.SQ.FT.(1.4t%) / DENOTES APPROXIMATE \'\.,' \ ', \-. ---- -. i/'' '• s\>112' ., V EDGE OF WOODED AREA TOTAL IMPERVIOUS INCLUDING PROPOSED DRIVEWAY &STRUCTURES).33,380±SOFT.(3.0t%) TOTAL IMPERVIOUS(INCLUDING PROPOSED ROADS, DRIVEWAYS&STRUCTURES).184,135 i SQ.FT.(4.0±%) // r <''P (PER AIR-PHOTO) '*'', '•i \\ 6) DENOTES AREA VVHERE ' Is WOODED 7-- ET LAND -1:'.',,,.,\) , / ,5,,/, /I <,ss , : TREES WILL BE REMOVED 1' is'il- 'N\'‘\ ., „,.. CASPEtq ..- ....... 1„. 7 :7 ,>1/ ,,..\\.‘sli,,,, \ I SIZE OF TREE DAMAGED NUMBER OP REPLACEAIE'NT TREES Aii,1) ,, OR DESTROYED MET LANy '----W0.00-ED ,4--- /.C.; ''. \ , -- , ....7---'"/, . \ \ A .13 C , :- '-..- __,),, / ;, I, r\, \\ 0, • , A,spE-N-.) . .-=--.,,- 1 ..„ ..\\... \ DECIDUOUS DECIDUOUS DECIDUOUS .-..' LD , c ,4,tt..g°- ---...' \\I--)'\ , , TREES AT TREES AT TREES AT / ..''', LEAST 4 LEAST 2.5 LEAST 1 5 ,.-- 'j -IC/ )‘ 4.' ie,,,,,,' //'-- --- , ---\''-` --N-'<,' , CALPER INCHES; CALIPER NICHES; CALIPER INCHES: CONIFEROUS CONIFEROUS CONIFEROUS —---/ -,k, N\ '\, ',,,L TREE CHART TREES AT TREES AT TREES AT \ ) /./ !) 24I-15"CME___--- -------- Ilk,‘ 7 / \. N,.. s'.' LEAST 12 FEET LEAST 6 FEET LEAST 4 FEET \ .. „4---- `N INV.:566.5' // 5 INV..966.3 // i 9 '' , —--— TREE NUMBER COMMON NAME SCIENTIFIC NAME I TRUNK DIA. IN HEIGHT IN HEIGHT IN HEIGHT •- l'''„ 1 _ 1 -._ CONIFEROUS,12 TO 24 PEET HIGH \ --/ - /- ,,... i-- INDLTRATION 11 N 52646 SUGAR MAPLE ACER SACCHARUM 12. -1 ) --.'-',V.-,..4,,, ) 52647 SUGAR MAPLE ACER SACCHARUM 14 CONIFEROUS,GREATER THAN 24 FEET HIGH 2 4 1 8 SALE WET LAND \,_. / \ I\ 'i \ / 52648 52649 , OAK OUERCUS SUGAR MAPLE ACER SACCHARUM 14 10 PRIMARY DECIDUOUS.5 TO r ,/...... :2"mg/Tit --, 11,04V ' /-, , / 52650 SUGAR MAPLE ACER SACCHARUM _ 14 20 INCHES IN DIAMETER 8 18 32 . I ' \1, \ , / 52551 SUGAR MAPLE ACER SACCHARUM 8 --57VSt •-r' —, -- V \ ,, , , ,,,9, PRIMARY DECIDUOUS.GREATER 52652 SUGAR MAPLE , ACER SACCHARUM 12 THAN 20 INCHES IN DIAMETER :;-Nin.LL (i, ii \ .\- r• -' ' / \ \ .....*:" itell ( \ 1.‘' 90048 90049 WHITE SPRUCE i PICEA GLAUCA SUGAR MAPLE . ACER SACCHARUM 12 14 SECONDARY DEC/DUOUS,20 TO 30 INCHES IN DIAMETER -,„„ i ' \ SECONDARY DECIDUOUS,GREATER .-EDGE Of WEILAND THAN 30 INCHES IN DIAMETER I ..., / / I 1 N.,„ ,„, \ \ r—----e. --- 1' 2 i i 1 /VV-0' ..-- ,_,,,,vsj i4 L_ - W,-0-9--D E \\ .. .AA- (' 1-1AK, CH ER,RY—AN,D ASPEN) \-- --,. 1 1 „,),,i,„',,,- , ,„ , ----- ..-, ... 53259 "5' mar et. ASSOCIATES, INC. g SURVEYORS, ENGINEERS $ • `;;..,,,,..___I I(Rsiji7Pi \, t,47.....,,,, .,..;:,,vr,--;,z,,,--,,,,,,,-,r:--,,.,:F--1 —' ,;;-43 & WETLAND SPECIALISTS t. --- ,.., --- —0-:.--, ,- 'FOREST LK,MN SeG23 24--15'.,'OUR '''-''' rA \ (A$PEN) / 65L4643130 A 's';041-1155.4 S8931'1-0 E C 13'85.'78 , : ,—.--------,,---- _, February 12, 2007 Sheet 1 of 2 Sheets orm-sr 900..t., yr, tj 0...1.,), .. , t-•9 1 Lil _i 0 N §. 5 .„,c w u DU CC) cc(7) wo_ "1 W (.3,,,,z LO i ---) 0 'V F.;1 1 i •C Z"-'0 71 - I--- [ i-.--i----- Z F-- CC* ill < H 0 < Z cn< (-) )Cr) z 0 Lu CM (i) ILI(_21 1 d Ld, ,LO _ ----- vi 04 UN o'- o ki 0 z ' I- w W 1--'-'z- V) 1 .Z. WCY ' 8 „,(.,),,, 0 , 0 0 a,0 ci. IL- NI Z 0 I V)0 77,•,. fY 0 F-C D Z , t") (i) z I '.,,,,„ ,,,.3 tc, ,....... z , z,3 0, .Z 6v) < QP ,T 6-'a-J 0 z Ilsc1111. 1 ,,, Sw- k02,-2 •= ,,..,c L'-,). 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I z \\ 2 .....•, z >< (f)1 0 \ 1 1'1 1 I i 1 Z Z „ ),/ 'P 0)Ill 5 On i j v .. , i_J___1 op 1 - .-4-- --S-- 0. 1 0 , 0 X (f) , 3 = o (19 / -__— _I H1JL T & ASSOCIATES,INC. PO Box 37 Forest Lake,MN 56025 ph:(631)484-3130 fax:(851)484-4822 email:hult@mfra.com PRELIMINARY GRADING EROSION CONTROL & STREET PLANS Surveyors + Engineers + Wetland Specialists Client for White Rock Ranch, LIC SUllwatar,MN WHITE ROCK RANCH Forest Lake , Minnesota Prolact White Rock Forest Lake,MN Sheet Title Title,Location& Index imheero'rbyun`n,,,thgeg'ssurac'n'ica'rs1 J.:,7crheol by Location Map iuriczothr(u-ongeTi'oivitzzotr. Signature Nome Mac Doiezol Dole 11/7/C6 License i 42004 SEC. 36, T32N., R.21W. Index of Sheets AND Designed WC Checked MK SEC. 31, T32N., R.20W. 1 Title, Location, and Index Drown MPD approved WASHINGTON COUNTY, MINNESOTA 2 Existing Conditions Dote iimoe NOT TO SCALE 3 Grading Plan, Drainage and Erosion Control Plan No. Dole By Remorks 4 Grading Plan, Drainage and Erosion Control Plan 1 2/6/07 MPD PER ROM)COMMENTS lgoTH 190TH STREET N S7',- ____ 5 Details, Notes and SWPPP i o! i87TH STREET N ., t c r7 1 LAKE z ! 4k, BIG 1.85TH STPiEET \N'l ( z MARINE- H '\'‘ D21 I LAKE 180TH 15T LN. L. ir __ N \ 180TH STREET N. \._ 1/5 HULT FILE NO.: 05156 Y VARE FENCING . I I POST STAPLE'ME WIFE Mil/T & 1 2-P1FATE8AANC) MEM PEASWO TO 1 In ETRIENCH EACH POST I ASSOCIMES,INC. , 13)Maintenance TRENCH UPOLDPE ALCNO Ira , J 1 I i I \ -I-- i trx r LIE OF THE meta ,...-390, 1 t FLIER BARRENS MALL SE INSPECTS)IMNEDIATELY 1 i i ' 453. 1 .r5P' / ( \ / i / AFTER EACH RAWFALL AND AT LEAST DALY DURNO PROLONGS)RANFALL ANT MOUSED SPAM SHALL „ / / ,•\,jj \ %141jt\ I ' \ 's&% % 1.3 ) 1 : 1 r SE MADE IMMEDIATELY. INIS a UM II PO Box 37 ,NY oP li ..„. ,je .-- 1, - E \ \ I jjj., ,/ r 2*CAW'ME FASPIC DECOMPOSE OR sects& Forest Lake,MN 55025 .l — N, ' NEEFECTIVE PRIOR TO 1E SID OF THE SPECTED -- --- ---) --- -.?"------------- : 1 ill TISMEittEASNCLFESHALLAND SETHEREPLACEDBAMER EILLPROMPTLEM Pecela8ARYY. ' 4 ANDBACKFILLCCUPMEACTIIIENCHTIIE \... i /- -----, , a sEDISENT OEPOSIPS SHOLD SE REMOVED AFTS3 FILTER PASEO 3 FAAEncTTACHT017E.n.EFLTER ISE RENOSO AND 7I.E MISCH EXCAVATED SOL ph:(851)464,3130 fax:(851)484-4822 email:hult@mfra.com \ , no j x EACH STORM avec THEY MUST SE ISAGNED WHEN * 'DO 1 / \ •0 /, '‘ DEPORTS REACH APPFOXIMATELY 1/3 THE HEIGHT OP THE SAMOS COMPALTED \ * \ 114001.1. ''' \,tr // i \ 1 \ A ANY saosear DEPOSITS REMAINS/N PLACE AFTER - Surveyors + Engineers + Wetland Epeelelists es/ -I ''''• ,r \ \ I § \ x ;j1 1, :) j..)..., °, cs\\ .. \\ :i€,.)1,‘I ,,. .,, me EILT PENCE OR FLIER awe,a NO LCN7ER tes 13 I IL re #1111 II REOUFED MASI.SE DRESSED TO OVFORIA NMI THE ist2._,. a i •-.. .4, \ .?z,„ .. i li ES/TWO ORACE,PFEPAFED AND SEEDED 07 / Client i / I, ,, . 7., 990/ N, ,,. ,,,,,,..k .,. -, r...------vs, .... , ,i,l,A ‘ 1 S WETLANDS AYE TO SE PROTECTS)BY TWO ROWS OF IL SILT FENCE DOUI3LE hID ELT FENCE IS REOUFS) AROUND WATEFI SODER SEEP SLOPES MO HIGHLY White Rock Ranch, LLC , 1 Mon..F SOILS Darrow / ) 1 , i)/ '-- k'' Fer \ -h \ \\A.\ \ DRAINAGE WAY Sr,MN i, ‘, \\ I .,,, , ', . , /— ,1 \ 13 A - \ ,\ L ri ,' i,i \':Ik, ,... .., •-•„...„. -....„.„- .r...--4 t I ‘,_/ i ir It '\t' s ELEVATION \ dr ri 4 4. PONS'A'SHOULD 130 \ ' 4 , Project . ,-, MAT LAND ' MKS THAN PONT V 1 AL, A. ) PT \ L, ' ct 1 \ \ 1' .21 '' \\ PLACEMENT AND CONSTRUCTION OF A SILT FENCE ii :// / I i,'- \ \\ / '41. \ „1,s'',, White Rock ; ,:i 1 : ,,:,,,,,„, \\\\./ ° cyr., i t / 4, --", , Forest Lake,MN , % Sheet Tine o — / # \ \ r.;:-,-4:: 7 ,,,r,„;•\ .., ,g 666 , ' 5 ® 5\\ , )4, 1141 4,- Existing Conditions , • „ ,.... 0, -', %,,,,„ ,-. ,.40t. 4),,,,,,,,,.,. t ' \ \._._i ,. \''. ,—,\:,4. / k,....4, \ \ '''' .4'0 Ci'Ver, NO*9 ip,....9.4.1•_., er 444.4„4, .,, - 1, / + ':"'•-• 6, .,.i : *"- \ :I..e'". Ls. .ts•ocz,,i,e-ftp .. i \ ,1,4 1 4 '''4.,,A°1 0111tp.'.10,. •0'411pR9g.0 .4461a44•14; .fili...,441 $ I 1, 4 44 i 4,.... *P.'. •'.W.. 1101,VfillirOW ...4r.-....1." .,..::__.2).&. Q .0 .. I hereby certify that this pion was prepared by Imo%oraudundry irnicany dsediretpt rsuperyibolessioniri Eonnond eethol f / / 0 , i -‘, , • , , ____ . .... ' A.---• \ G. t''.4.- --',,--- - - * ----\ ---.. --•.. 1 JA -,-' ---WED D \\I' ‘.\\ \ I \ \'\\ '\I e, q,,,, --'-j-----.'- Signature \ —,--N,--V---,7-c7---77--V--N,---,,,,, ‘‘, '4,\ Nome More Dolezol -.... .4, , \ ,,,„, 4 N,•1 % '-' ,„,,..,.o.' .."..' \.\.I \\\1 ‘1\*..'.''---.'\) Dote 11/7/06 License If 42004 ,o„ - J-. •I'jjj , ' • \' Cekk,‘. 44, , s ••• 1 \ ,'I A".-.., ....'''•,,,,,‘„ :1„. !‹,, ..,„-...) ,'°. 4') z 4 t ,„,., , -, %y, (',. i i '• , LAND , -WET LAO'.,...,'.-..-1 r • \*i., t j \\ j 5-_, .,. \,l•'s s ,, Nc7rEa , \ I/ VET LAricii7" ,,,,. , ,,, .-----,-- , •••• 1 , 1 CRUSHEODIFEcrEoelliNt:CRETEay THE ENciNEER-..*:ALLOWED : 1r Designed MPD Checked TRK ,,, 4 .---, OF ,.., , .,. ——,,,..... --..' ,/ 1,-4,„ - /( ,,, ,_—.._____--, f s,,s\ , , 2 LENGTH At40 4VIDTH SLIE3JE-CT To CHANGE BY ENGNEER N .„ r \ `, \,,,,,‘ I „, ,,--... ...'- - ki )( \_`--1) . .,\ ',,, .• / ,-- --- ..--*"-- \-‘,N.s. I Drown 1.4PD Approved At, ,Qcp 9” '-',—,----.'-'. q , , 1 / , / ....AY .,,,.. % 7,-, /r- __v___+--- , ,.\\ ,, .--,.._..„ , ,, "> , As> ..„,„-,1 , \—, / ,,,...,‘,. , 3 FABRIC REOUIRf3,UNDER ROOK FOR DRIVEWAYS Dote 11/7/06 r • , 47 ,..N.j'j, j LARGER THAN 24 FEET,HEAVY TRAFFIC,OR AS , . -._ / , N.-......./ IV I 4, \\'`,'''••4 4..4,„„ ,,I i _ I 4 4 if? i r' 't*'. .*.'-4- .,.•"' 44, .,, ) ,-4=14 /'-' i ;I 9 jo \4 44.4 •••4 ,,. I 4\ ) ,‘,„. .....4444. ...4. / 1 1 r ,./-",. / ' ''.' N t ) ' /''' ..,,, ...‹./.4./...../ I WIT LAND ; I I , '--I i ,.../-9''',-''', ,;;,.......,-, .,,,,' ; i 1 ....., -\•,7---, \ / NO. Drile By Remarks -./ -,. ......, • -, e,/' ' 1(I' 0,'„ :‘,...Ju'74rj- Nr--,,-,e7Y-7-.N.,---,, r i j ROCK CONSTRUCTION ENTRANCE 1 2/6/07 MPO PER RCWD COMMENTS ,,,,,,,,,„0....e.,_j ,, N„,,,, / N ',J,,,,jjj2\\-It.,.' .•1 '-'NK....„.... - • ,---...-_,---, 1 ',_,_..., --". A' 1 \ t 1 i NO SCALE A- ...:',... .." "... I/ / \ t 0" fte ( L ..s._._ j _70 BBB '5 BIB /i ( 1, ( 'kL*4 44B ; , NORTH 7 ,••""' -.56,,, 'I , / ,)) \___),_ . ij _......,... .e, ... ,.. -,, -... i --, , \ 7'9, ' ,), N 6 , BM ' t. WET LAND '• ,/-* ----. Q) ; 1' 4'• \) s... j ..4:.'"'`‘ 4 4 .5 i , 0 75 150 ,300 600 \ / i j,.''/WET LAND \ \‘' 5 \ .S; / --4,,,,,,,11; \...„ l-----\st ',,..,.''"*" Ik I' I / ' , i ,'„•'- •,,,,t1.,., , , '""; ( ,',.--—'''/„,' i A-) '-'4,..",:'.4, I LEGEND \ ,of'- -... ,,„ 4,, V- "--- --- ,-) - - - . .. --p, ,—-, ---,. -----------\ - ir-J'zf — — —900- EXISTING CONTOUR \ " f " ''''c(j\ J A \-"`-, .jj 1 —9 00 PROPOSED CON TOUR / ' l \ 4,--,., j ,, \ II, <1 EXISTING STORM SEWER ''' i ' 1 ) .• \k..."`..l J,-, •, L , o .,;j3--J' ,,,,,„„ „. , ..........J,;:i WET LAND ,{„„,..,„.„- ,.,-,„.. \ 1 ---."-- I a 4 PROPOSED STORM SEWER J• --\ 1 s,„., r, / ,,,, , DELINEATED WETLAND - ,,r:fr \* \ - , , Jo • / / ! oaz I'II.I'I I\ ,--,,i; I — WETLAND BUFFER/EASEMENT '`,„ t \ SILT FENCE /iEi _____ ,-. ,.... ' --- r e- ) \ _ \ -- -- _ _ _L it PROPOSED RIPR AP __ X908 5 PROPOSED SPOT ELEVATION qbc)----47. —Jo- PROPOSED DRAINAGE ARROW "----9 70__ / \ .'4' t 3C', PROPOSED STREET LIGHT r.'—4 ,- 1"/".{',. Po''''' \ I \ / /-,89 ,,,,,,..,,, s,.. 1 , '.4.‘ / ' \ BY OTHERS HOLT FILE NO.: 05156 <, >, N\\,,,, ..9:„.,7z.,4Acie 1 ; . CITY OF FOREST LAKE i 1 di"Y OF SCANDIA A INSET SCALE:1"=50' HIJLT & fLOOR=9)0, ASSOCIATES,INC. /c'''' •• SE-7.4.,----11\10 ------------------., (E0F+1FT) PO Box 37 0 1 / i // / 4 „,,,,,, ,6 I Forest Lake,MN 55025 1 '0,, Alb..,,,_ 9„>-.7.'"^-...._5( q 957 ph:(651)464-3130 ) - - ---' .\'• _ — / I _______ 1/ - . --- -...„„ < — _ PROPOSED STREET LIGHT -'2'.0 ''. --- - X fax:(651)464-4E122 \ I _ , ,, __ _-, WETLfAND MITIGATION-=12,214SF email:hult@mfra.com / II" \i I '\) 1 _ .94,,„ 3er-Is' 1 1-- — ____ E INV..-•3 • 1 \— rs— — 1 \ 1 ___ ______ \ --- 1 \ \,„4 s, _1 43, —,,,,, ray „ re.), ,,, (TOTAL IMPACTS=5,789SF) 0 0 / ,--.. ,0 ttil r• '"') x—; ANTI IPATED NWL=972 SEE NSET Surveyors + Engineers + Wetland Specialists \ sq MIN LOW FLOOR-984.0' . 4.0eu, \ 7:1 , \ VI ,)14 ''' . 'NS i (E0F+IFT) 40(TYPICAL ALL LOTS) 2 -1(TYRCAL ALL XTS) 98, i 111\ , A$ , , 1 .• kr, A I MI4k, .76`IOW V7-44... \ ....." `OHW SETBACK LINE A-9) White Rock Ranch,11C .., \/ ig i, \ ' % Uer LOS!FLOCRo970.0-,.., "ii,' I,,\ , 1 1 I ,., \ 1 nn.___,..11— • '' . - Stillwater,MN 1 I•i12, 0*1\,o1)4 i ) — \-- — -- - _ y --\ / *.li j ,rr-•—.-7,-- \ ti, '' i1 414 \•'sv s % 'ciii;\\:: \\\ \\_, _ ---- — — -- ---- 1—:_‘- -I. '' As \,„ aillin• t \--,,___4' I V-- \ „ 1 1 921 /4".1 0 'j --P--. ._ -- ---..- -- -.- .--.-- -----\\\--'.. \ 7 '' \ \\ / i ) \ \ \ „, 9,* z_.. / \ \\ ' , • rW n1 \\ I\ 0:15,re-\\ r/ , ---'' fteiv, 4)\)) \ \ \Y7'.\ \ \ ' I White Rock 5, 2988 ,,,, ,,, ,„..„ .,\ , . ,,Q, ,.19 "L•., \ „, ,,e\ ).,, ,, '' \ \ ' )' \ A Forest Lake,MN 4 --Om*UNE-' \ ‘) /// / \"\\\\,, 2 - ..,„ ,„,\ •, \ _ ( „„,..., , ....„, ,,,,,,,,,,\ _... , NOTES: LEGEND / / / */ \ ,,...,-% -.4 „),\\ ....,\ 4 i \\ 1. ADDITIONAL SILT FENCE MAY BE — -900- EXISTING CONTOUR min LOW FLOOR.9 MO l''' ''''%I \\T"..':b \\ 's NEEDED AT TIME OF HOUSE s/ i• 62 ''' AIL (cor....1Fr) 1 / - '''''' \\\ A CONSTRUCTION TO FURTHER —900 PROPOSED CONTOUR Of i i, ''' 4001"°°\\ ' V•svIkt) \\\ t\ \ Vt;X\\',: 11/01 t' 12 / '79.'sr \ *; < EXISTING STORM SEWER PROTECT WETLANDS AND LAKE. 1111 WET LAND , \ N, \ x... . \ \ \c.,,,,, \\ \ \k \, • 4 PROPOSED STORM SEWER Sheet Tfile I 18, .).1.4,--0 .. PPROX • 2. SPECIFIED MINIMUM LOW FLOOR \ \9> WIN LOW TL°°WwWW4.0 \ \ 1 * \ — 1— °S) ,„.....,..‘_,. -)k,,,,c \ e, \\ ELEVATIONS MAY NEED TO CHANGE - - DELINEATED WETLAND co g' t - i,I., I 1 itA / (E0F+IFT) ens L- 1 , \ WETLAND BUFFER/EASEMENT Preliminary . \\,\,\-\ / / * ,i T- —_ 771- '-' ''-'-'*-- .'''- SILT FENCE ____ _ l t i.. ...-- , , t ., ,,,,, „„. \ / „hi 1 4/ ' -+--) \-k\ /t--- — 1" ELL ...7'7----i,-- -7 \\ ---i ,,, \ 1 \ s \ CONSTRUCTION DUE TO ANY UNKNOWN CONDITIONS. ii%1 PROPOSED RIPRAP Grading,Drainage and \\ t ,,, , _ NA 4,„ l''''• \ X908,5 PROPOSED SPOT ELEVATION Ittgi 'if 1 L.____ LAtZ-A-1`..Z,.11.4,....,..,""A- ...._, /1 id__ — — 36'1;15*RCAP) tall .• '1 i i k* /45, --,„ \ \\‘‘, \ __, PROPOSED DRAINAGE ARROW Erosion Control Plan y ...,, , , - { t e#3A // ).$444;"I''''''''35 NG ‘.°. s,"0,,/ ::.\Ca.''',, '‘‘ ,‘\ \\‘:\1\ \''''' 3Yt PROPOSED STREET LIGHT r---- --_:_-_•,=:\\---,....:__-:: vAc-rl, BY OTHERS — • .4„9' 'illip 1 , , -'-"-„3 i ,,, ...,!\ \ , r ,,. TRA ., a , SAW* : I /\5,''''' \ \ ' D ,,, \'0.7-''' N Exi$:nNo '----- I hereby certify thot this pion was prepared by NY&DRY ..,. ', 1 , me or under my direct SugerviSion ond that . , •: . 1. , ,--.... .., __,.. ) „,-,. ,,, ,,..,,,,4,,,..c....„ , . ,a.o duly Licensed ProfeSSiOnd Engineer ii vt. \ ' 'At 982.%.'"""- '. . '- T 1 ——— —‹ — --- (\/ Q -‹ the Stote of Minnesota Low rtooRwsetg, gir'S- 1 \i' /4 ‘, l 1*'. ---` ,../- -- -__ E0F+1,T) , ,1‹.,•,,, , I, g,' ,, t.--411,,-..7...,,,,........> ,..,,_...,..... ,....‘,....__,........ • A-.» skr,oture ‘ - .. 50 100 200 400 Nome Marc Dolezol ,47,„, \----,-",„ --- -<---w,-„_---, --\\ 9, <----.----- ----'--------- ' ' ,. 1, , ______ _ _ ___sH _____ L\ , \ .,, 4 11\,....... t",,,,, ....,,-v,„. •e•Sh, Dote I1/7/06 License/ 42004 ) ---- 1 / 'CI 'I"' ..., I .., \ LO \ N__ ---- - •o A '''. — MI 'i'---/-1---\ ', r,, C)-('',5`'5''Pc5 .e.‘ I 9 0 1 -••-- ----- _, ., Si <2, 7 ‘i\4,, 6'0 /‘ 4 N.° c \ \ I r-r- \ -,, ,, 2, .nts , , \ \ ,,,, Designed UFO Checked TRK 1 \ o) ,,, r`',4, A 1,.\\ \ \ *,./ _ \,,,,,--, , ,, „,, ' t'-' % 1-----, BARN <`` '5- '— ---- i' ' /1? / \ , ..,\, a, 1 . a2, A. i \ \\ \ Drown MIN) Approved NORTH _ ------ *\:, . 'i , / ) ",‘o I ‘.;.; \z.. uoi Low FLooR-970.o 7,3) --) \ 1 ‹.7 ass ''' /0 xeli. i'• PROPOS:O 301:17F1 71,:,..\\ '1'4(' I 9'74 9.2 .I1fb 9 c'l— ...._ 4"--,. ..,"" ---1-\, 11 ',,, *.B#4•A1 CU4LVE RT(TYP)\ !.'.A‘,.t• •..'t' 11.4 '/""4-14 4\'.... 4 ' '14,o,z',•/.•',.,,-''s4.•"9••*•-•'•9's4:,-.;o,-L--,s-.: 1"./ P0 -... I 'A...., 1 ---- • "44 ...,ISEE INSET ?‘ \'9:' \ 1 ' '---------------- 4\ .N..'4. .,5 0, \.,,A, ,.?_, \ 1, ‘._ ,..,_ --‘ \\ , ITesl-cr°887,_..e, 1 2/6/07 MPD PER RCWD COMMENTS \ AW.• \ '• A Vi. 3,,,, -,--,,,- ,,,.. \ ,,,,,, \ ,...- , W SF,J_E!ACK LINE 9 - ,14 \0 ,. ' .., 94.‘ \\ '-'° 0 '''',° '0 'cr.• / 1; . • ' ,-•`, \ \---.- "PAP...IL\ ,,,_.. ______ ..?>.7.._...iket...„. 1 Y 94' IAN\ — LOW FLOOR..972.6 \ ,I .• 984 (EOF.1FT) / , ,i• , \ 17---. -- ---f:": - - --'_„...,' \' • •‘---'1"" ,i • --- ,i_c_WE . ,.„,D i \, ,oiik,-, s;\ , , #7,s>. ,s_ 'N' . .-. -\ \ I\ 'tit* 0 "P. 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THE CONTRACTOR MUST CONTACT ALL THE APPROPRIATE UTILITY COMPANIES AT LEAST 48 HOURS BEFORE ANY NOTE: THE FOLLOWING MINNESOTA POLLUTION CONTROL AGENCY(MPCA)REQUIREMENTS ARE INTEGRAL TO THE APPLICATION FOR GENERAL INFILTRATION BASIN L T EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY(MNR100001), THIS SWPPP MUST BE KEPT ON THE CONSTRUCTOR SITE AT ALL TIMES SO£MIXTURE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON ALONG WITH THE REWIRED INSPECTION REPORTS, THE PLANS. THE LOCATIONS OF SMALL UTILITIES SHALL BE OBTAINED BY THE CONTRACTOR BY CALLING GOPHER 30s NATIVE TOPSOIL, STATE ONE CALL(➢-84D-252-1166). OWNER40%SEMI-COARSE WASTED(OR NATIVE)SAND, ASSOCIA l ES INC.ITE ROCK RANCH,LLG 30%MNDOT GRADE 2 COMPOST ri�7�llll.+l ti7T 11V1.. B. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT 109 EAST MYRTLE ST. SCI°WE SLtWES MNDOT SEED MIX 328 PROPERTIES DURING THE CONSTRUCTION PHASES OF THE PROJECT, THE CONTRACTOR WILL BE HELD SOLELY STILLWATER,MN 55082 STRAW-COCONUT BLANKET RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF PH: (651)351-1450 THIS PROJECT. FAR (651)351-7586 t- CR EQUAL 111TMc)• 4i..1: PQBOx37 C. SAFETY NOTICE TO COW'TRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE OWNERS RESPONSIBILITY {I A 11 �- Forea# MN 8b02b CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE,INCLUDING SAFETY 1 OVERSEE THE IMPLEMENTATION OF THE SWPPP. ,=�I OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REWREMENT WILL APPLY 2,OVERSEE THE INSTALLATION,INSPECTION AND MAINTENANCE OF EROSION PREVENTION AND SEDIMENT CONTROL BMP'S BEFORE AND DURING ! (I-_1I I'ti' 'AI-I I_� CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER CONSTRUCTION. t ph:{8b1}484-3t30 TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF I I ................................1: 1 I(-I{' tax:(Lake Lake,MN 552 THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN,ON OR NEAR THE CONSTRUCTION SITE. SUBCONTRACTORS {I I-I i7. =I I I_I email:hulti651)46 tra.Com THE CONTRACTOR SHALL PROVIE NAMES AND ADDRESSES OF ALL SUBCONTRACTORS WORKNG ON THIS PROJECT WHO WILL BE INVOLVED WITH m I I I 1=I�L: D. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILISES AS THE MAJOR CONSTRUCTION ACTIVITIES THAT DISTURB SOIL. THAT INFORMATION MUST BE KEPT WITH THIS SRPPP, I{-III �II I- SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND,WHERE POSSIBLE, / MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. EROSION CONTRO PREVENTION.AND SEDIMENT CONTROL PRACTICES 1,ALL EROSION CONTROL MEASURES MUST BE INSTALLED PRIOR TO COMMENCEMENT OF GRADING OPERATIONS AND BE MAINTAINED UNTIL ALL _ Surveyors + Engineers ^f^' Wetland Specialists E, PROPOSED CONTOURS ARE TO FINISHED SURFACE ELEVATION. SPOT ELEVATIONS ALONG PROPOSED CURB DENOTE DISTURBED AREAS ON THE SITE HAVE BEEN RESTORED. )I i BOTTOM 9020' 'I I-I i TOP BACK OF CURB' 2.CONSTRUCTION ENTRANCES SHALL BE SURFACED WITH CRUSHED ROCK AND DESIGNATED PRIOR TO CONSTRUCTION(REFER TO DETAIL). •I -(I �) F. SiLTATN AND EROSION CONTROL: 3.SPECIAL ATTENTION SHALL E PAID TO STORM WATER DISCHARGE POINTS. THESE LOCATIONS SHALL BE MONITORED DURING REQUIRED I(I - ' •1! I}-)(I 1 TEMPORARY, IF ANY SEDIMENT HAS BEEN EROSION CONTROL DEVICES AT DISCHRGEDPOINTS SHALL THE REMAIN IN PLACETE,1T SHALL E UNOVED AND THE TIL FINAL STABILIZATIONA A UPSTREAM AREAS HAS 1 l iI-I ICI 1 I-1 I I I i I{-I 1 I-III-i i-I I i-i i II I ICI I I- Mot THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIR1UTY FOR CONTROLLING ALL SILTATION AND EROSION OF THE BEEN ACHIEVED. -III-I I-III-I 11E I I i-IIIIII=III-)I I-I I i= II-I(I PROJECT AREA. ALL EROSION CONTROL AND SILTATION CONTROL MEASURES SHALL COMPLY WITH MINNESOTA'S BEST 4,ALL EXPOSED SOIL AREAS WITHIN 200 LINEAL FEET OF SURFACE WATER MUST HAVE TEMPORARY PROTECTION OR PERMANENT COVER: J 11=1 i I 1 I I I I III 111=11 i I III I I I I,_i 11_ White Rock Ranch,LLC MANAGEMENT PRACTICES MANUAL. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL TYPE OF SLOPE TIME (MAX TIME AN AREA CAN REMAIN OPEN WHEN AREA IS NOT ACTIVELY BEING WORKED) EROSION AND SILTATION INCLUDING,BUT NOT LIMITED TO,STAKED STRAW BALES,ROCK ENTRANCES AND/OR SILT STEEPER THAN 3:1 7 DAYS VARIES � H MN FENCES. CONTROL SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE 10:1 TO 3:1 14 DAYS r - MN OF THE WORK BY THE OWNER. THE CONTRACTOR'S RESPONSIBILITY INCLUDES; ALL DESIGN AND IMPLEMENTATION AS FLATTER THAN 10:1 21 DAYS REWIRED TO PREVENT EROSION AND THE DEPOSITING OF SILT. THE OWNER MAY,AT HIS/HER OPTION,DIRECT THE 5,PIPE OUTLETS MUST CONTAIN RIP RAP'WITHIN 24 HOURS OF CONNECTION TO A SURFACE WATER, CONTRACTOR IN HIS/HER METHODS AS DEEMED FIT TO PROTECT PROPERTY AND IMPROVEMENTS. ANY DEPOSITING OF 5.STOCKPILE AREAS TO BE ENCIRCLED WITH SILT FENCE. SANDY SOILS ARE NOT TO BE MINED IN INFILTRATION BASIN AREAS SILT OR MUD ON NEW OR EXISTING PAVEMENT OR IN EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER 7,ALL SLOPES 3:1 OR STEEPER,NOT TO BE SODDED AND GREATER THAN 8 FEET IN HEIGHT,SHALL HAVE EROSION CONTROL FABRIC EACH RAIN AND EFFECTED AREAS CLEANED TO THE SATISFACTION OF THE OWNER,ALL AT THE EXPENSE OF THE INSTALLED ON SLOPE PER MNDOT SPEC,3885, VERIFY RESTORATION METHOD AND SEEDING MIXTURE. CONTRACTOR. 9,SEDIMENTRY SHALL BEJ EMOVEDL TO FROME PLACED AROUND STORM ALL SEDIMENT CONTROL DEVICES AR SNECESSARUCTURES YUANNDGM ST BEUREMOVEDON EFER TO F DESIGN CAPACITY HAS PROTECT BASINS FROM SEDIMENTATION AFTER CONSTRUCTION TEMPORARY AND PERMANENT SEDIMENTATION PONDS SHALL BE CONSTRUCTED WITH THE INITIAL.GRADING. THE BEEN REDUCED BY 50x. SEDIMENT MUST RE REMOVED FROM THESE PONDS,AS NECESSARY,PRIOR TO COMPLETION OF THE PROJECT. 10.SEDIMENT TRACKED OFF-SITE,AS A RESULT OF CONSTRUCTION TRAFFIC,SHALL BE MINIMIZED AND SWEPT ON A DAILY BASIS. Project 11.ALL DISTURBED AREAS AHLL BE RESTORED WITH SOD,SEED,WOOD FIBER BLANKET,OR PAVED SURFACE WITHIN 14 DAYS OF ROUGH INFILTRATION AREA Project DUST CONTROL-CONSTRUCTION TRAFFIC MUST ENTER AND EXIT THE SITE AT THE ROCK CONSTRUCTION ENTRANCE. GRADING WATER TRUCKS SHALL BE USED AS NEEDED DURING CONSTRUCTION TO REDUCE DUST GENERATED ON THE SITE, 12,A COMPLETED STORM WATER PERMIT SHALL BE POSTMARKED AT LEAST 7 DAYS PRIOR TO COMMENCEMENT OF GRADING ACTIVITIES.DUST CONTROL MUST BE PROVIDED TO A DEGREE THAT IS ACCEPTABLE TO THE OWNER'S REPRESENTATIVE,AND IN 13. THE CONTRACTOR SHALL FILE MPCA NOTICE OF TERMINATION AT COMPLETION OF SUBSTANTIAL TURF ESTABLISHMENT. NO SCALE White Rock COMPLIANCE WITH APPLICABLE LOCAL AND STATE DUST CONTROL REGULATIONS. SEQUENCE OF CONSTRUCTION G. PRIOR TO PLACEMENT OF THE AGGREGATE.BASE A TEST ROLL WILL SE REWIRED O.N., THE STREET AND PARKING 1.OBTAIN ALL NECESSARY PERMITS,INCLUDING NP^ES GENERAL STORMWATER PERMIT, yy�� MN AREA SUBGRADE. THE CONTRACTOR SHALL PROVIDED A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 2.INSTALL ALL PERIMETER SEDIMENT CONTROL DEVICES.TEMPORARY SEDIMENTATION BASINS AND ROCK CONSTRUCTION ENTRANCES, LBaoH A4H TONS, THE TEST ROLLING SHALL BE AT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED IN 3,CLEAR AND GRUB SITE, AREAS AS DIRECTED BY THE SOILS ENGINEER. THE SOILS ENGINEER SHALL DETERMINE WHICH SECTIONS OF THE 4.CONTACT CITY/TOWNSHIP INSPECTOR FOR APPROVAL OF ALL SEDIMENT CONTROL DEVICES, STREET OR PARKING AREA ARE UNSTABLE. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN 5.ROUGH GRADE STREET SECTION ACCORDANCE WITH THE REQUIREMENTS OF THE SOILS ENGNEER, 6,INSTALL TEMPORARY EROSION CONTROL DEVICES AS NECESSARY. STREET 11LL l SECTION 1 V lY 7.STABILIZE DENUDED AREAS AND STOCKPILES WITHIN 14 DAYS OF LAST CONSTRUCTOR ACTIVITY IN THAT AREA, H. THE CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS 8,INSTALL SITE IMPROVEMENTS(I.E.UTILITIES,STREETS,ETC.).OF THE {,, CONTRACTOR SOIL TESTING SHALL BE COMPLETED 8Y THE OER'S SOILS ENGINEER.SHALL BE RESPONSIBLE LFOR COORDINATING ALL REQUIRED SOIL TESTS OWNERS AND ENSPECCTIONS WITHE THERE ID OONCE TE ALL DISTUG AND RBED AREASALL PERMANENT HAVE BEEN STABVUZEDGS AND PLANTINGS. Sheet OBTAN APPROVAL OF CITY/TOWNSHIP INSPECTOR. 1.5 MVWE35O3OB f} ' SOILS ENGINEER, 11.CONTRACTOR TO REMOVE ALL TEMPORARY EROSION CONTROL DEVICES AFTER ACCEPTANCE BY THE CITY/TOWNSHIP. • 2,0" LVNW350306 1. THE TREES AND OTHER NATURAL VEGETATION WITHIN THE PROJECT AND/OR ADJACENT TO THE PROJECT ARE OF DEWATERING AND RASH DRAINAGE 4" CLASS V AGGREGATE BASE COURSE PRIME CONCERN TO THE CONTRACTOR'S OPERATIONS. HE WILL BE REQUIRED TO PROTECT THE TREES WHICH ARE TO PERMITTEE MUST ENSURE CONSTRUCTION ACTIVITIES THAT INVOLVE DEWATERING AND/OR BASIN DRAINING ARE ADEQUATELY PROTECTED FROM PreliminaryGrading BE SAVED TO BE SURE THAT EQUIPMENT IS NOT NEEDLESSLY OPERATED UNDER NEARBY TREES AND SHALL EXERCISE EROSION AND SCOUR, THE DISCHARGE MUST BE DISPERSED OVER RIP RAP,SANDBAGS,PLASTIC SHEETING,OR OTHER ACCEPTABLE DISSIPATION 2' CLASS 5 SHOULDER EXTREME CAUTION IN WORKING ADJACENT TO TREES. SHOULD ANY PORTION OF THE TREE BRANCHES REQUIRE MEASURES. DEWATERING DISCHARGE SHALL BE FREE OF TURBIDITY. 1 L, f (9 Q REMOVAL TOA PERMITOPERATION OF THE CONTRACTOR'S EQUIPMENT, SHALL OBTAIN THE SERVICESOF A j 1 Notes, Details & SWPPP PROFESIONAL TREE TRIMMING SERVICE TO TRIM THE TREES PRIOR TO THE BE GiNiNG OF OPERATOR. SHOULD THE RLLOWARtE NON-STORM DISCHARGES HJ 71 CONTRACTOR'S OPERATIONS RESULT IN THE BREAKING OF ANY LAMBS, THE BROKEN LIMBS SHOULD BE REMOVED ALL NON-STORM WATER DISCHARGES SHALL E DIRECTED TO A SEDIMENT BASIN PRIOR TO DISCHARGE ALLOWABLE NON-STORM DISCHARGES 2% IMMEDIATELY AND CUTS SHALL BE PROPERLY PROTECTED TO MINIMIZE ANY LASTING DAMAGE TO THE TREE. NO INCLUDE: 4,7 3.1 TREES SHALL BE REMOVED WITHOUT AUTHORIZATION BY THE ENGINEER, COSTS FOR TRIMMING SERVICES SHALL BE 1.DISCHARGES FROM FIRE FIGHTING ACTIVITIES APPROVED SUBGRADE (30 WIDTH) CONSIDERED INCIDENTAL TO THE GRADING CONSTRUCTION AND NO SPECIAL PAYMENT WILL BE MADE. 2,FIRE HYDRANT FLUSHING 3.WATER USED TO WASH VEHICLES OR CONTROL DUST UPPER 3-FEET OF SUBGRADE TO BE COMPACTED J. EXCAVATE TOPSOIL FROM AREAS TO SE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS 4,WATER FLOWING FROM POTABLE SOURCES AND WATER LINE FLUSHING DESIGNATED ON THE SITE. THE CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS 5.IRRIGATION DRAINAGE PtR SOILS REPORT AND VERIFIED WITH A TEST 2,D' MIN. 1 hereby certify thol this pion was prepared by SPECIFIED. EXCESS TOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS,OUTSIDE OF BUILDING PADS,ROADWAYS, 6.EXTERNAL BUILDING WASH GOWN WHICH DOES NOT INCLUDE DETERGENTS ROLL PRIOR TO PLACEMENT OF AGGREGATE BASE I o or under my direct olessional Ewtdngineer ingf AND PARKING AREAS. THE CONTRACTOR SHALL SURCUT CUT AREAS. WHERE TURF IS TO BE ESTABLISHED, TO A 7.RUNOFF FROM PAVEMENT WASH-DOWN WHERE SPILLS OR LEAKS OF TOXIC OR HAZARDOUS MATERIALS HAVE NOV OCCURED(UNLESS ALL I a duly Licensed Prolessiof M Engineer DEPTH OF 4 INCHES. RESPREAD TOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO A MINIMUM DEPTH OF 4 SPILLED MATERIAL HAS BEEN REMOVED)AND WHERE DETERGENTS HAVE NOT BEEN USED NOTES; under the lows of the Stole of Minnesota. INCHES. 8,AIR CONDIYNING CONDENSATE 9.SPRINGS AND UNCONTAMINATED WATER 1. AGGREGATE MATERIAL FOR WEARING COURSE MIXTURE SHALL K, FINISHED GRADING SHALL BE COMPLETED. THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF 10.FOUNDATION OR FOOTIN DRAINS WHERE FLOWS ARE NOT CONTAMINATED WITH PROCESS MATERIALS SUCH AS SOLVENTS BE 100% VIRGIN MATERIAL. Signature GRADING,INCLUDING ADJACENT TRANSITION AREA$. PROVIDE A SMOOTH FINISHED SURFACE WITHN SPECIFIED 11,DEWATERING OR BASIN DRAINING ACTIVITIES TOLERANCES, W711 UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN,OR BETWEEN SUCH 2. A TACK COAT SHALL BE PROVIDED BETWEEN 'WEARING AND None Mort DOkzol POINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISH GRADED SHALL BE PROTECTED FROM SUBSEQUENT INSPECTIONS AND MAINTENANCE BASE COURSE. Dote 11/7/06 License I 42004 CONSTRUCTION OPERATION,TRAFFIC AND EROSION, REPAIR ALL AREAS THAT HAVE BECOME RUTTED BY TRAFFIC OR 1.THE PERMITTEE(OWNER OR OPERATOR)MUST INSPECT THE CONSTRUCTION SITE ONCE VERY 7 DAYS DURING ACTIVE CONSTRUCTION AND 3. RECYCLED MIX DESIGN IS ALLOWED FOR BASE COURSE ONLY. ERODED BY OPERATION SHALLR OR HAS BEE RESTOREDTTODEQUAOLw THE OR BETTERECT GRADE,THAN ORIGINALr AREAS CONDTIOIORRTOED BY THE THE REQUREEMENTSTOR'S WITHIN 24 OF THE 2 INSPECTIONSRS ANDFTER A MAINTENANCELL TOE BE T GREATER RECORDEDINHAN 0.5 WRITNG,INCHES IN 24 HOURS, 4. CLASS V AGGREGATE SHALL BE PER MNDOT SPEC 2211, NEW WORK. 5. DITCHES SHALL BE COVERED WITH 4" TOPSOIL. POLLUTION PREVENTION MANAGEMENT L. TOLERANCES 1,THE PERMITTEE SHALL IMPLEMENT THE FOLLOWING POLLUTION PREVENTION MANAGEMENT MEASURES ON THE SITE: 6. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE Designed MPD Checked TRK 2.SOLID WASTE: SEDIMENT,ASPHALT AND CONCRETE MILLINGS.FLOATING DEBRIS,PAPER,PLASTIC,FABRIC,CONSTRUCTION AND DEMOLITION STANDARD SPECIFICATIONS FOR STREET CONSTRUCTION FOR 1. THE BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FOOT ABOVE,OR DEBRIS AND OTHER WASTES MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MPCA DISPOSAL REQUIREMENTS, 0.30 FOOT BELOW, THE PRESCIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE. 3.HAZARDOUS MATERIALS: OIL,GASOLINE,PAINT, AND ANY HAZARDOUS SUBSTANCES MUST BE PROPERLY STORED,INCLUDING SECONDARY DEVELOPERS- LINWOOD TOWNSHIP (1996 REVISION). Drown MPD Approved 2, THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN DOS CONTAINMENT,TO PREVENT SPILLS,LEAK$,OR OTHER DISCHARGE. RESTRICTED ACCESS TO STORAGE AREAS MUST BE PROVIDED TO PREVENT 7. ALL DRIVEWAY CULVERTS SHALL BE 15 MINIMUM. FOOT ABOVE,OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY PONT WHERE MEASUREMENT IS MADE. VANDALISM. STORAGE AND DISPOSAL OF HAZARDOUS WASTE MUST BE IN COMPLIANCE WITH MPCA REGULATIONS. Dole 11/7/06 3. AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0,30 FOOT ABOVE OR BELOW THE 4.EXTERNAL WASHING OF TRUCKS AND OTHER CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE. RUNOFF MUST BE 8. ALL TREES WI THIN RICH T OF WAY TO BE REMOVED, REWIRED ELEVATION,UNLESS DIRECTED OTHERWISE BY THE ENGINEER. CONTAINED AND WASTE PROPERLY DISPOSED OF. NO ENGINE DEGREASING IS ALLOWED ON SITE. 4. TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS, 9. ALL DISTURBED AREAS SHALL BE SEEDED (MIX 90A/ 45#/AC) FINAL STABILIZATION AND MULCHED WITH DISK ANCHORED MULCH (2 TON/AC) M. MAINTENANCE THE PERMITTEE MUST ENSURE FINAL STABILIZATION OF THE SITE. FINAL STABILIZATION 15 ACHIEVED WHEN TEMPORARY EROSION PROTECTION PER MNDOT 2575 SPEC. AND SILT FENCE FOR INDIVIDUAL LOTS HAS BEEN COMPLETED AND THE RESIDENCE HAS BEEN TRANSFERRED TO THE HOMEOWNER, ONCE THE 1. THE CONTRACTOR SHALL PROTECT NEWLY GRADED AREAS FROM TRAFFIC AND EROSION,AND KEEP FREE OF SITE REACHES FINAL STABILIZATION,THE CONTRACTOR,OR GENERAL CONTRACTOR MUST COMPLETE AND SUBMIT A'NOTICE OF TERMINATION.' No. Dole B TRASH AND DEBRIS. 2. CONTRACTOR SHALL REPAIR AND REESTABLISH GRADES IN SETTLED,ERODED,AND RUTTED AREAS TO SPECIFIED I I Iy RemGrks TOLERANCES. DURNG THE CONSTRUCTOR,IF REQUIRED.AND DURING THE WARRANTY PERIOD.ERODED AREAS WHERE 1 2/6/07 MPD PER RCWD COMMENTS TURF IS TO BE ESTABLISHED,SHALL BE RESEEDED AND MULCHED. 3. WHERE COMPLETE COMPACTED AREAS ARE DISTURBED BY SUBSEQUENT CONSTRUCTION OPERATIONS OR ADVERSE WEATHER,CONTRACTOR SHALL SCARCIFY,SURFACE,RESHAPE, AND COMPACT TO REQUIRED DENSITY PRIOR TO FURTHER COMPACTION. N. AFTER THE SITE GRADING IS COMPLETED,IF EXCESS OR SHORTAGE OF SOL MATERIAL EXISTS.THE CONTRACTOR SHALL TRANSPORT ALL EXCESS son.MATERIAL OFF THE SITE TO Al,AREA SELECTED BY THE CONTRACTOR,OR NoTrs IMPORT SUITABLE MATERIAL TO THE SITE. O. WHEN THE SITE GRADING CONSTRUCTION IS COMPLETED, THE CONTRACTOR SHALL SEED AND MULCH THOSE I.t: NOT ALLOWED. AREAS AS DIRECTED BY THE OWNER, THE SEEDING SHALL COMPLY WITH MN/DOT SPECIFICATION Na 3876 WITH THE 2 L3'KYfti AND WIDTH SUBJECT 7O CHANCE BYENGINEER USE OF MN/DOT MIXTURE NO.50A AND APPLIED AT A RATE OF 100 POUNDS PER ACRE. THE SEEDED AREA SHALL GEOFABRIC REWIRED 8E MUCHLEO, THE MULCH.SHALL COMPLY WITH MN/DOT SPECIFICATION 3882,TYPE 7. THE MULCH SHALL BE UNDER RtPRAP(utRAFl 500 8,PA{$EC UNDER ROCK FOR DRIVEWAYS APPLIED AND ANCHORED IN ACCORDANCE MN/DOT SPECIFICATION NO. 2575,3,Ft. MULCH SHALL E APPLIED AT THE OR EQUAL), LARGER'THAN 24 htt 1,i$AVY TRAFFIC,OR AS RATE OF 2 TONS PER ACRE. THE MULCH SHALL BE ANCHORED WITH A DISC,CLODBUSTER OR OTHER APPROVEDDIRECTED Erf TrE EQUIPMENT. CROSS SECTION A WOOD FIBER BLANKET SHALL BE FURNISHED AND PLACED IN AREAS WHERE THE SLOPE EXCEEDS 3:1, ,n P, THE CONTRACTOR SHALL DETERMINE THE LOCATION OF ANY HAUL ROADS THAT MAY BE REWIRED TO COMPLETE iW" THE SITE GRADING CONSTRUCTION. THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE GOVERNING �� CC FYIk91'i AUTHORITY OF EACH ROADWAY, THE CONTRACTOR SHALL POST WHATEVER SECURITY,AND COMPLY WITH ALL o CONDITIONS WHICH ARE REQUIRED BY EACH GOVERNING AUTHORITY OF EACH ROADWAY, 'T 8 'i, 3z „4. p� -s� ,,( T]t;,../y'�' 0. THE CONTRACTOR SHALL E RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS Lm 1 c3• Zm �� Rs '�+g�,.4e. BARRICADES,WARNING SIGNS,DIRECTIONAL SIGNS.FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC LL FLARED END SECTIONS SHALL BE CMP *MATCH EX h' S'' .TIP 4A •A�'y,, "`I��^p[ WHERE NECESSARY, TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF FLARED END SECTIONS SHALL HAVE TRASH GUARDS \W" �+?• P'- �. Qq ^ �• ••. .1.. 4$ TRANSPORTATION STANDARDS, '--- -.,. .. •� R DISTURBED AREAS WITHIN WETLAND MITIGATOR AREAS AND ANY DISTURBED AREAS WITHIN THE WETLANDS SHALL r 1 _ .P.E •.EV, ('� �Q 4 BE RESTORED WITH 6 TO 12 INCHES OF ORGANIC SOILS,PREFERABLY SOILS THAT WERE PREVIOUSLY REMOVED FROM I HAND-PLACED RIPRAP, FOOT DEEP "Y.. 'O • XYr6a P"y-.,• WETLAND AREAS. SEEDING IN THE WETLAND MITIGATION AREAS ABOVE THE NORMAL WATER LEVEL SHALL BE CORPS IN ACCORDANCE WITH MNDOT SPECS. " o o +`' NOT TO SCALE M' �•^-�S•Cd OF ENGINEERS WET MEADOW SEED MIXTURE,OR MN/DOT SEED MIXTURE 328,OR APPOVED EOJAL. THE SEED SHALLOgit P'� 'D=w'• (OJ �. BE WATERED UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. RIPRAP REQURED •� �` • INDIVIDUAL STONES,EXCEPT THOSE USED FORS Pipe Co Yd. .NOTE: Y «+'"� p o S. DISCHARGE OF OIL OR OTHER HAZARDOUS SUBSTANCES INTO THE STORM WATER IS SUB.ECT TO REPGR TIRO AND CHINK ND,SHALL NOT WEIGHT 455 THAN SO Se&IOver 20-24 WETLAND ELEVATION VARIES FROM 959.9 TO 973.7 q CLEANUP REQUIREMENTS. iN CASE OF AN ACCIDENTAL SPILL THE MPCA SHALL BE NOTIFIED A'THEIR 24-HOUR LBS. EACH. """��#"' _yt, TELEPHONE NUMBER. 651-649-5451. 36"!n 48' 16-!3 4444%.�•� V,Ir�_M' 5A 27'to 33' 6-5 2 WASHES)COARSE T. THE CONTRACTOR SHALL COMPLETE DEWATERING AS REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTOR. 24'&Less 4-6 AGGREGATE IA PLACE RIPRAP AROUND SIDES AND OVER TOP U. THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE MINNESOTA POLLUTION CONTROL AGENCY- OF FLARED ENO SECTIONS. NOTE' One Cu.Yd. ie 1� r� {/�r,� rr /gyp SECTION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NODES)PERMIT. THE CONTRACTOR SHALL BE REQUIRED TO op9rox'rmvtely 1.4 Sons WETLAND MITIGATION CROSS SECTION BE A CO-APPLICANT WITH THE OWNER. THE CONTRACTOR SHALL HE TI THE REQUIRED INSPECTION REPORTS. 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