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04-03-2007 Meeting & PC CITY OF SCANDIA CITY COUNCIL AGENDA April 3, 2007 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings a) Vacation of Parts of 3'd Street and lst Avenue(Resolution 04-03-07-01) 5. General Business a) Award Bid for 2007 Road Improvement Project(Resolution 04-03-07-02) 6. Recommendations from the Planning Commission a) Nextel-Sprint. Conditional Use Permit, Cell Antenna Co-Location, US Cable Tower located at 15040 Old Marine Trail N. (File No. 2007010, Resolution 04-03-07-03) b) Big Marine Development, LLC. Final Plat for Tii Gavo, Open Space Conservation Subdivision(File No. 2007009, Resolution 04-03-07-04) c) Willowbrook Church. Text Amendment to Shoreland Regulations to Allow Places of Worship in the Shoreland Overlay District(File No. 2007006, Ordinance No.: 102) d) Review of Draft Mining Ordinance 7. Adjournment Meeting Date: 4/3/2007 Agenda Item: City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider whether or not to increase the size of the bond issue for the 2007 Road Improvement Project, so that an emergency repair to 228th Street may be added to the project. Deadline/ Timeline: A preliminary decision is needed on April 3 to avoid any delay in financing the project. Background: • A significant, unanticipated repair to 228th Street at the south end of Bone Lake is needed. This section of street has been patched more than once, and the City Engineer has indicated that a larger section needs reconstruction to avoid a recurring hazard in the future. • Because of its proximity to streets that are part of the 2007 paving project, the engineer has suggested that it might most logically and economically be added to that project via a change order. He has discussed this with Dresel Contracting, and it appears that they will be receptive to a change order at the unit prices of their bid. • The cost of the repair is estimated at approximately$25,000, the final amount to be determined when the change order is negotiated. • There is an opportunity to finance this cost as part of the larger project, without delaying the bond issue, if a decision is made now. The 2007 Road and Bridge budget does include some funding for projects and repairs ($200,000)but we have concerns that there will be a significant amount of repairs this spring, and reserves in the fund are at a low level. Recommendation: I recommend that the Council consider giving preliminary approval to include financing for the 228th Street repair in the 2007 GO Improvement Bond Issue. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (228th) Page 1 of 1 04/03/07 Meeting Date: 4/3/2007 Agenda Item: /7l< 4) 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 to consider vacating parts of 3'1 Street and 1st Avenue, located in"Old Lions Park." Deadline/ Timeline: N/A 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. • At the March 6 meeting, the Council adopted resolution 03-06-07- 01 calling for a public hearing on April 3, 2007. • The hearing notice has been posted and published, and affected property owners notified, as required by law. Recommendation: I recommend that the Council hold the hearing and if it is determined that the rights-of-way should be vacated, adopt the resolution. Attachments/ • Draft Resolution No. 04-03-07-01 Materials provided: • Map Contact(s): David Hebert, City Attorney (651) 464-3397 Prepared by: Anne Huriburt, Administrator (row vacation hearing) Page 1 of 1 03/29/07 CITY OF SCANDIA RESOLUTION NO. 04-03-07-01 RESOLUTION FOR VACATING PARTS OF 3an STREET AND 1sT AVENUE WHEREAS, the City Council of the City of Scandia, Washington County, Minnesota, has determined to vacate parts of 3'1 Street and 1st Avenue in the City of Scandia, Washington County, Minnesota; and WHEREAS, a public hearing was held on the 3rd day of April, 2007 at 7:00 p.m. in the Scandia Community Center Board Room, 14727 209th Street, Scandia, MN, after due published and posted notice had been given by the clerk, and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and WHEREAS, any person, corporation or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion of vacation to maintain, repair, replace, remove or otherwise attend thereto; and WHEREAS, it appears that it will be in the best interest of the city to vacate such streets; and WHEREAS, four-fifths of all members of the City Council concur in this resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scandia, Washington County, Minnesota, that the streets described as follows are hereby vacated: All that part of 3rd 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 3rd Street in the Plat of Scandia extended southerly to the southwesterly line of said 1st Avenue. Resolution 04-03-07-01 Page 2 of 2 PASSED AND ADOPTED BY CITY COUNCIL OF THE CITY OF SCANDIA this 3rd day of April, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator —_ $3.00 J 7 7/3 7 J tt I ',/ RN01A TRAIL NORTH °cfDS'PLo 4 ` 60 _ B J — _ W§. — e —` J LOT (000 _ R <50 `' fi 4 : 12 (0007) R 4-03 -20-42=000'- HS ' APPARENT✓c` �) 1044 I �W iy'032 34-0&5 03 20 4-00.' �I I 7 OS® R r ( ie I t3 t2 11 tL'I is 14 3 (O0 1) a (0007) > 1 (0001) \ M. / ` R + .. 14 I 13 I 12 11 I t0 I 9 VACATED TOWN ROAD I 0( J J� (0054)I ( 7 ) mx Ni.,...._ 0043L - 5.' a•, I r Qc I,,, .I�—� a I 0052 R I LOT 49 J mA.0 9; I' 6 ,004QQQ ' 47F Y I^r1 9 A�.-1 -�I _ w I w I 60 (001` ) R 66 (0006) T�/ TEN ,,•. 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(0034 24 .,.� �� Lot1e �� - (0055) I a1-00 Lq1T Q r /\O \, 4 5(0028) � (00j� 4, ,J�oo1I► 1 �/ � &' 3 OT20 --- I / / EOM C(Au�cD 6 Lo b / J G6 (0012) o ,as / toopi, Washington ,�„ cpprry xnn N MIS 0MWING IS THE RESULT OF A COMPILATION AND REPRODUCTION OF ��AM�''^^�« -05 T- LAND RECORDS AS THEY APPEAR N VAR6US WASIWLGTCN LOWY OFFICES u ti WI.ILLLy LEGEND I 1 •�lv _ I Np,pnunFunulluaxwMMr VL,ttmsl WASHNGTON COUNTY 6 NOT RESP0F6i0E FOR AM•INACCURACIES. 1009'f00 1f01220 1109220 PROPERTY LINES AS SNOW ARE FOR REFERENCE PURPOSES ARO MAY NOT DEPARTMENT OF TRANSPORTATION AND PHYSICAL DEVELOPMENT ONR PROTECTeowATERS _]_ �= — t ,.�1p,,,I, .... ,"",,,I. ° , .�.m` REPRESENT ACTUAL LOCATIONS. SURVEY AND LAND MANAGEMENT DIVISION DNA PROTECTEAWETLAND `■ II 1 119196htlSww AbAN.PO.Box 6 — . . — 011RPROTECTEOWATERCOURSE NORTH 1160322olb60Y2Ul19Dt2201 ■I` *•Ili YAP - T MAPLAST UPDATED:AAIA.10,2006 5 SM.,Mnam0 SS092M06 MNCIPAL SCUMMY —L r—1 `�� 1 - l0001).n.n,0000��_ M511 MGM PARNBOLNM0Y P 1— I III t -'slw t-slt— NO ADDITIONAL CHANGES HAVE BEEN REPORTED TORTE s.,erkftwaWrpm.mn.os SCALE:1 inch.1501301 220.3220 230270 205210 tommtwerkwlomm�.m L _I—L__I )■• - I; I ' I .. DATE OF CONTOURS:ApIl•MOO DATE OF PHOTOGRAPHY:AprA•200S F Pry asede, r.+' h4- 0 W tii V&C&li dr) et • c,+y or,- surd•� , 1-� r i n.q Tapri 1 3 , 2.,o o' 1 Meeting Date: 4/3/2007 Agenda Item: 6-r 4) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Award bids for the 2007 road improvement project to Dresel Contracting, Inc. (Resolution 04-03-07-02) Deadline/ Timeline: Bids were opened on Friday, March 23 and are good for 30 days. Background: • The city engineer's tabulation and analysis of the bid results is attached. Dresel Contracting is the low bidder at $1,278,299.60. • Two alternates were bid. Alternate#1, Ostrum Avenue, was bid at $87,068.00. There was concern that this segment would have some extraordinary costs; however, the price per lineal foot calculates to be the same as the other streets in the project. The engineer recommends approval of this alternate. • Alternate#2,bid at $10,915.00, is to excavate additional material from the hill on the north side of 240th Street approximately 2,000 feet west of Manning. Based on improved safety and good price, the engineer recommends approval of this alternate. • Chisago Lakes Township will share in the cost of the project related to 240th Street,pursuant to the terms of a joint powers agreement. Although the Chisago Lakes Town Board has not met since the bid opening, staff has received confirmation from board members that the Township is in full support of including Alternate No. 2 in the contract, half of which will be paid by the Township. A representative of the Township is expected to attend the April 3 meeting. • With both alternates, the total contract price would be $1,376,282.60, comparing favorably with the engineer's estimate of$1.5 million. • The most recent estimated assessments was $1,564 per assessable unit on collector streets and $4,692 per unit on residential streets. The final amount will be determined at the assessment hearing, following construction. • The next City Council actions regarding this project will concern selling bonds, scheduled for May. Page 1 of 2 03/29/07 Recommendation: The Council may adopt the resolution as prepared and award the base bid and both alternates to Dresel Contracting, Inc. Or, the Council could decide not to award one or both of the alternates. Attachments/ • Draft Resolution No.: 04-03-07-02 Materials provided: • Letter dated March 27, 2007 from City Engineer Tom Peterson • Bid Tabulation Contact(s): Tom Peterson, City Engineer, 604-4868 Prepared by: Anne Hurlburt, Administrator (2007 road improvement project award bid) Page 2 of 2 03/29/07 CITY OF SCANDIA RESOLUTION NO. 4-03-07-02 RESOLUTION ACCEPTING BID, 2007 STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the improvement of the following streets in the City of Scandia, to-wit: 1. 232nd Street North from Lofton Avenue to west end; 2. 235th Street North from Meadowbrook to west end; 3. Ostrum Avenue North from Oakhill to south end; 4. Penrose Avenue from Highway 97 to south; 5. 223'' Street from Olinda to east end; 6. 220th Street North from Highway 95 to Quarry; 7. 209th Street North from Highway 95 to Quadrant Avenue; 8. Quadrant Avenue from 209th Street to north end; 9. Quality Trail from 209th Street to west end; 10. 235th Street North from Highway 95 to Quentin Avenue; 11. Quentin Avenue North and South of 235th Street; 12. 228th Street North from Manning Trail to Lofton Avenue; 13. 240th Street North from Morgan to Oldfield; 14. 240th Street from Manning to west end; 15. 240th Street from Manning to east end; 16. 197th Street from Highway 95 to the top of the bluff by the application of Class 5 or other aggregate and other subgrade construction, ditch construction and application of bituminous surfacing, and the following bids were received complying with the advertisement: Alternate No. 1 — Alternate No. 2—Cut Contractor's Name Total Base Bid Ostrum Avenue Down 240th Street Hill Dresel Contracting $ 1,278,299.60 $ 87,068.00 $ 10,915.00 Hardrives Inc $ 1,388,866.90 $ 107,736.50 $ 31,600.00 Jay Bros Inc $ 1,396,700.10 $ 97,263.10 $ 17,920.00 North Valley Inc $ 1,302,982.44 $ 89,727.20 $ 11,610.00 Northwest Asphalt Inc $ 1,396,028.51 $ 90,336.10 $ 20,675.00 T A Schifsky& Sons Inc $ 1,399,778.20 $ 96,439.30 $ 19,320.00 Tower Asphalt Inc $ 1,347,257.30 $ 88,405.00 $ 8,030.00 and WHEREAS, it appears that Dresel Contracting of Forest Lake, Minnesota is the lowest responsible bidder. NOW, THEREFORE,be it resolved by the Council of the City of Scandia, Minnesota: 1. The Mayor and Clerk/Administrator are hereby authorized and directed to enter into a contract with Dresel Contracting of Forest Lake, Minnesota in the name of the City of Scandia for the improvement of the described streets for the Total Base Bid; Alternate No. 1; and Alternate No. 2 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Council this 3rd day of April, 2007. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, City Clerk/Administrator 2 Page 1 of 2 Anne Hurlburt 5• ) From: Jim Shaver[jimshaver@gmail.com] Sent: Monday, April 02, 2007 2:53 PM To: a.hurlburt@ci.scandia.mn.us Subject: Fwd: Comments of Scandia's Road Projects Ann: Below are comments from our engineer regarding Ostrum Ave for the council's consideration. Please let me know date and time when this portion of the road project is up for consideration. Thanks and do not hesitate to call me with any questions. Jim Shaver Marine WMO 433-2449 Forwarded message From: Marcey Westrick<mwestrick@eorinc.com> Date: Mar 30, 2007 1:38 PM Subject: Comments of Scandia's Road Projects To: Dan Fabian<dfabian@eorinc.com> Cc:jimshaver@gmail.com Dan and Jim My comments are below. It is my understanding the City Council has not agreed to do all projects yet so the April 3 would be a good time to bring up concerns with Ostrum Avenue. Jim, I am assuming you are attending. 1. Ostrum Avenue North— I would not recommend that they City of Scandia include this in their road plan for 2007. The amount of wetland they are proposing to fill exceeds the WCA deminimus. As such, the City of Scandia would need to prepare a Phase I and Phase II Joint Permit Notification with DNR, WCA LGU (I believe this is WCD), and the Army Corp of Engineers. This would involve the Technical Evaluation Panel (TEP). 2. Penrose Ave—Not as big of an issue but they are changing from a 18" CMP to a 18" RCP. Potentially could increase flows depending on current condition of existing pipe. Don't think we need to comment on this but thought I would let you know. Cheers Marcey 4/2/2007 Page 2 of 2 Marcey L. Westrick Emmons &Olivier Resources, Inc 651 Hale Ave N. Oakdale, MN 55418 651.203.6009 www.eorinc.com 4/2/2007 2335 Highway 36W St.Paul,MN 55113 Tel 651-636-4600 Fax 651 636-1311 www.bonestroo.coln March 27, 2007 .�41.0 Bonestroo Honorable Mayor and City Council City of Scandia 14727 209'h St. N. Scandia, MN 55073 Re: 2007 Street Improvements Project File No. 000568-06133-0 Bid Results Bids were opened for the Project stated above on Friday, March 23, 2007. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of seven Bids. The following summarizes the results of the Bids received: Contractor Base Bid Alternate No. 1 Alternate No. 1 Low Dresel Contracting, Inc. $1,278,299.60 $87,068.00 $10,915.00 #2 North Valley, Inc. $1,302,982.44 $89,727.20 $11,610.00 #3 Tower Asphalt, Inc. $1,347,257.30 $88,405.00 $8,030.00 #4 Hardrives, Inc. $1,388,866.90 $107,736.50 $31,610.00 #5 Northwest Asphalt, Inc. $1,396,078.51 $90,336.10 $20,675.00 #6 T. A. Schifsky& Sons, Inc. $1,399,778.20 $96,439.30 $19,320.00 #7 Jay Bros., Inc. $1,484,826.10 $97,263.10 $17,920.00 The low Bidder on the Project was Dresel Contracting, Inc. with a Base Bid of$1,278,299.60. This compares to the Engineer's Estimate of $1,500,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Dresel Contracting, Inc. should be awarded the Project on the Base Bid Amount of$1,278,299.60 Alternate No. 1 is to improve Ostrum Avenue, a 2100-foot long, dead-end street that serves 3 residents. The cost per lineal foot to reconstruct the road is $41.50. Comparing this to the Base Bid amount divided by the length of all the other streets in the project, the numbers are identical. Based on this and the fact that widening the road will improve safety, we recommend Alternate No. 1 ($87,068.00) be approved. St.Paul St.Cloud Rochester Milwaukee Chicago Engineers Architects Planners Honorable Mayor and City Council Page 2 March 27, 2007 Alternate No. 2 is to excavate material from the hill on the north side of 240th Street, approximately 2000 feet west of Manning Trail. The material will be used to widen 240`h Street and cutting the hill back will improve sight distances for vehicles using the road. We would have to pay for road widening material regardless, and Dresel's unit price of $3.75 per cubic yard with this Alternate No. 2 is less than the $5.00/CY unit price for common excavation in the Base Bid. Based on improved safety and good unit prices, we recommend Alternate No. 2 ($10,915.00) be approved. The cost for this Alternate would be split between Chisago Lakes Township and Scandia since the material will be used for widening on both sides of the 240th Street. Should you have any questions, please feel free to contact me at(651) 604-4868. Sincerely, BONESTROD -67, �✓�► ..1<t I igrx Thomas W. Peterson, P.E. Enclosure liAi., Project Name:2007 Street improvements r I hereby certify that this is an exact Bonestroo Client Project No.: File No.: 000568-06133-0 reproduction of bids receive Bid Opening:Friday,March 23,2007,at 11 A.M. Owner: City of Scandia "7� 41 f L y - omaswi.W.Peterson,PE Registration No. 16610 Bidder No.1 Bidder No.2 Bidder No.3 Bidder No.4 BID TABULATION Dresel Contracting,Inc. North Valley,Inc. Tower Asphalt,Inc. Hardrives,Inc. Item Num Item Units (10ty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 S28,000.00 S28,000.00 S42,000.00 542,000.00 S92,200.00 S92,200.00 S8,000.00 $8,000.00 2 TRAFFIC CONTROL LS 1 S3,000.00 $3,000.00 $3,500.00 S3,500.00 S5,500.00 $5,500.00 S1,075.00 $1,075.00 3 PROTECTION OF CATCH BASIN IN STREET EA 1 5350.00 S350.00 S360.50 S360.50 S100.00 S100.00 S330.00 S330.00 4 PROTECTION OF CATCH BASIN,NON-STREET EA 2 5150.00 S300.00 S154.50 S309.00 S100.00 $200.00 S330.00 S660.00 5 SALVAGE AND REINSTALL FENCE LF 200 55.00 S1,000.00 $5.15 S1,030.00 $7.00 S1,400.00 $11.50 S2,300.00 6 SALVAGE AND REINSTALL RCP APRON EA 4 S400.00 $1,600.00 $412.00 $1,648.00 S150.00 S600.00 S650.00 $2,600.00 7 MILL BITUMINOUS PAVEMENT(1 1/2"DEEP) SY 60 $10.05 S603.00 $10.00 S600.00 $10.00 S600.00 $12.00 S720.00 8 REMOVE PIPE CULVERT LF 206 $6.00 S1,236.00 $6.18 S1,273.08 $6.50 51,339.00 58.70 S1,792.20 9 SALVAGE AND REINSTALL MAILBOX EA 40 $75.00 S3,000.00 S77.25 $3,090.00 $55.00 S2,200.00 S97.75 S3,910.00 10 CLEAR AND GRUB TREE 30 S75.00 $2,250.00 $77.25 S2,317.50 S250.00 $7,500.00 $275.00 $8,250.00 11 DITCH EXCAVATION LF 1000 $5.00 S5,000.00 $5.15 $5,150.00 $4.00 S4,000.00 S6.00 S6,000,00 12 COMMON EXCAVATION(P) CY 2500 $5.00 S12,500.00 $5.15 $12,875.00 $6.45 S16,125.00 $8.60 S21,500.00 13 SUBGRADE EXCAVATION CY 1500 S5.00 S7,500.00 $5.15 S7,725.00 $6.45 S9,675.00 $12.25 S18,375.00 14 SELECT GRANULAR BORROW(CV) CY 2300 $9.00 $20,700.00 $9.27 S21,321.00 $7.00 S16,100.00 514.15 S32,545.00 15 GRANULAR BORROW(P) CY 8200 $9.00 $73,800.00 19.27 S76,014.00 $6.70 S54,940.00 $11.65 S95,530.00 16 TOPSOIL BORROW(LV) CY 2700 $12.00 S32,400.00 $12.36 S33,372.00 $8.70 S23,490.00 $15.00 S40,500.00 17 GEOTEXTILE FABRIC,TYPE V SY 7500 $1.65 S12,375.00 $1.70 S12,750.00 $1.60 S12,000.00 51.30 $9,750.00 18 AGGREGATE BASE,CLASS 5 TN 12700 $9.80 S124,460.00 $10.09 S128,143.00 $9.00 S114,300.00 59.35 S118,745.00 19 AGGREGATE SHOULDERING, 100%CRUSHED LIMESTONE TN 2800 $21.10 $59,080.00 $21.00 S58,800.00 413.90 S38,920.00 $28.65 $80,220.00 20 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 770 $11.25 S8,662.50 $11.59 S8,924.30 510.80 $8,316.00 $12.55 S9,663.50 21 TYPE LV 3 NON WEARING COURSE MIXTURE(B) TN 9900 $41.70 4412,830.00 $41.65 $412,335.00 $44.00 $435,600.00 143.50 $430,650.00 22 TYPE LV 3 WEARING COURSE MIXTURE(B) TN 4500 $43.70 S 196,650.00 $43.65 S 196,425.00 $45.00 S202,500.00 544.25 S199,125.00 23 TYPE MV 3 WEARING COURSE MIXTURE(B) TN 4100 $42.10 S172,610.00 S42.00 S172,200.00 545.00 S184,500.00 $46.00 S188,600.00 24 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL SY 900 110.00 $9,000.00 $9.00 $8,100.00 $10.00 59,000.00 $10.25 S9,225.00 25 TYPE LV 4 WEARING COURSE MIXTURE-DRIVEWAY TN 120 $81.00 $9,720.00 580.00 S9,600.00 S100.00 512,000.00 595.00 S11,400.00 26 BITUMINOUS MATERIAL FOR TACK COAT GL 4200 $2.30 $9,660.00 $2.25 S9,450.00 S1.50 S6,300.00 f1.60 S6,720.00 27 CONCRETE FLUME SF 120 $5.75 S690.00 $6.04 S724.80 S4.20 5504.00 S4.55 $546.00 28 15-CMP STORM SEWER,16 GAUGE LF 55 S22.00 $1,210.00 $23.10 S1,270.50 $26.00 $1,430.00 538.00 S2,090.00 29 18"RCP STORM SEWER,CLASS 5 LF 112 536.00 S4,032.00 537.08 S4,152.96 S33.50 S3,752.00 $53.25 $5,964.00 30 15'RCP STORM SEWER,CLASS 5 LF 165 S33.00 S5,445.00 $33.99 S5,608.35 529.70 S4,900.50 S47.75 $7,878.75 31 12'RCP STORM SEWER,CLASS 5 IF 135 $30.00 $4,050.00 $30.90 $4,171.50 S27.20 S3,672.00 543.45 S5,865.75 32 18"FLARED END SECTION EA 4 8875.00 $3,500.00 S901.25 $3,605.00 S825.00 S3,300.00 S975.00 S3,900.00 .! 33 15"RCP FLARED END SECTION EA 9 S785.00 $7,065.00 5808.55 $7,276.95 S775.00 S6,975.00 4870.00 $7,830.00 34 12"RCP FLARED END SECTION EA 1 S750.00 S750.00 S772.50 5772.50 S740.00 S740.00 S760.00 $760.00 35 2'X 3'CB,INCL R-3067-V CSTG AND CONC ADl RINGS EA 1 S1,400.00 $1,400.00 $1,442.00 $1,442.00 S2,650.00 $2,650.00 S1,640.00 $1,640.00 36 4'DIAMETER STORM SEWER MH EA 1 S1,850.00 41,850.00 S1,905.50 S1,905.50 43,000.00 S3,000.00 S2,075.00 S2,075.00 37 CLASS III RANDOM RIPRAP CY 15 565.00 S975.00 $66.95 $1,004.25 $88.00 $1,320.00 586.00 $1,290.00 38 CLASS III GROUTED RIPRAP CY 35 S105.00 S3,675.00 $108.15 S3,785.25 S120.00 S4,200.00 S130.00 54,550.00 00O568061330BT.xls BT.1 Bidder No.1 Bidder No.2 Bidder No.3 Bidder No.4 BID TABULATION Dresel Contracting,Inc. North Valley,Inc. Tower Asphalt,Inc. Hardrives,Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 39 INSTALL SIGN EA 2 S80.00 $160.00 $85.00 $170.00 S150.00 S300.00 S81.50 S163.00 40 4"SOLID LINE,WHITE EPDXY IF 30720 $0.19 S5,836.80 $0.20 $6,144.00 S0.14 $4,300.80 S0.15 S4,608.00 41 4"DOUBLE SOLID LINE,YELLOW EPDXY LF 11750 $0.29 $3,407.50 $0.31 S3,642.50 $0.30 S3,525.00 50.33 83,877.50 42 4"BROKEN LINE,YELLOW EPDXY IF 720 $0.19 S136.80 $0.20 S144.00 $0.15 S108.00 S0.16 S115.20 43 SILT FENCE,MACHINE SLICED LF 12500 $1.10 S13,750.00 $1.15 S14,375.00 $1.80 522,500.00 S1.15 S14,375.00 44 FLOTATION SILT CURTAIN,STILL WATER LE 200 S8.00 S1,600.00 S8.25 51,650.00 $17.00 43,400.00 57.60 S1,520.00 45 SEEDING,INCL 250 SEED,FERTILIZER,MULCH AND DISK ANCHOR AC 9 S450.00 S4,050.00 S500.00 84,500.00 S650.00 S5,850.00 $462.00 $4,158.00 46 SODDING,LAWN TYPE WITH 4"OF TOPSOIL SY 200 S3.00 5600.00 S5.00 S1,000.00 520.00 S4,000.00 S5.75 S1,150.00 47 EROSION CONTROL BLANKETS,CATEGORY 3 SY 5500 51.06 85,830.00 81.15 S6,325.00 $1.35 $7,425.00 $I.15 56,325.00 TOTAL BASE BID $1,278,299.60 $1,302,982.44 51,347,257.30 S1,388,866.90 ALTERNATE NO.1 -OSTRUM AVENUE: 48 CLEAR AND GRUB TREE 15 $150.00 52,250.00 S155.00 $2,325.00 $250.00 S3,750.00 S270.00 S4,050.00 49 SALVAGE AND REINSTALL RCP LF 16 S30.00 5480.00 S31.50 $504.00 $15.00 $240.00 $54.50 S872.00 50 SALVAGE AND REINSTALL RCP APRON EA 2 $500.00 $1,000.00 S525.00 S1,050.00 5200.00 S400.00 S870.00 $1,740.00 51 MILL BITUMINOUS PAVEMENT(1 1/2"DEEP) SY 5 $30.00 S150.00 525.00 S125.00 $10.00 $50.00 S15.00 $75.00 52 SUBGRADE EXCAVATION CY 850 55.00 S4,250.00 S5.50 S4,675.00 S6.45 $5,482.50 S12.25 S10,412.50 53 SELECT GRANULAR BORROW(CV) CY 500 59.00 S4,500.00 S9.27 S4,635.00 $7.00 S3,500.00 $14.00 $7,000.00 54 GRANULAR BORROW(LV) CY 550 $7.60 $4,180.00 S7.85 $4,317.50 S6.45 $3,547.50 511.75 $6,462.50 55 TOPSOIL BORROW(LV) CY 200 $12.00 52,400.00 S12.50 $2,500.00 $8.70 S1,740.00 S19.75 S3,950.00 56 GEOTEXTILE FABRIC,TYPE V SY 800 $2.00 $1,600.00 S2.35 S1,880.00 S1.60 81,280.00 $1.30 $1,040.00 57 AGGREGATE BASE,CLASS 5 TN 730 $9.80 S7,154.00 S10.09 S7,365.70 $9.00 S6,570.00 S11.00 $8,030.00 58 AGGREGATE SHOULDERING,100%CRUSHED LIMESTONE TN 180 S21.10 $3,798.00 $25.00 54,500.00 $13.90 12,502.00 $29.00 $5,220.00 59 TYPE LV3 NON WEARING COURSE MIXTURE(B) TN 520 S42.55 S22,126.00 S42.50 S22,100.00 444.00 $22,880.00 $46.25 S24,050.00 60 TYPE LV 3 WEARING COURSE MIXTURE(8) TN 520 S45.10 S23,452.00 S45.00 S23,400.00 S45.00 523,400.00 S47.00 S24,440.00 61 BITUMINOUS MATERIAL FOR TACK COAT GL 260 $2.30 S598.00 42.25 S585.00 S 1.50 S390.00 S1.80 $468.00 62 15"RCP STORM SEWER,CLASS 5 LF 40 $30.00 S1,200.00 $32.00 S1,280.00 $27.20 S1,088.00 $54.35 S2,174.00 63 15"RCP FLARED END SECTION EA 2 S900.00 $1,800.00 S925.00 $1,850.00 S775.00 S1,550.00 S870.00 S1,740.00 64 EROSION CONTROL BLANKETS,CATEGORY 3 SY 1000 S1.10 S1,100.00 11.15 $1,150.00 $1.55 S1,550.00 S1.15 S1,150.00 65 SILT FENCE,MACHINE SLICED LF 1300 S1.10 S1,430.00 S1.15 $1,495.00 S2.05 S2,665.00 $1.15 S1,495.00 66 FLOTATION SILT CURTAIN,STILL WATER LF 300 $8.00 $2,400.00 $8.50 $2,550.00 $17.00 $5,100.00 $7.60 82,280.00 67 SEEDING,INCL SEED,FERTILIZER,MULCH AND DISK ANCHOR AC 0.3 $4,000.00 $1,200.00 S4,800.00 $1,440.00 S2,400.00 S720.00 S3,625.00 51,087.50 TOTAL ALTERNATE NO.1 -OSTRUM AVENUE S87,068.00 S89,727.20 $88,405.00 $107,736.50 ALTERNATE NO.2-CUT DOWN 240TH STREET HILL 68 COMMON EXCAVATION CY 2500 $3.75 $9,375.00 S4.00 S10,000.00 52.40 S6,000.00 $12.00 $30,000.00 69 EROSION CONTROL BLANKETS,CATEGORY 3 SY 1400 S1.10 51,540.00 S1.15 $1,610.00 $1.45 $2,030.00 S1.15 $1,610.00 TOTAL ALTERNATE NO.2-CUT DOWN 240TH $10,915.00 $11,610.00 $8,030.00 S31,610.00 STREET HILL { • 000568061330BT.xls BT-2 Bidder No.1 Bidder No.2 Bidder No.3 Bidder No.4 BID TABULATION Dresel Contracting,Inc. North Valley,Inc. Tower Asphalt,Inc. Hardrives,Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BID SUMMARY: TOTAL BASE BID S1,278,299.60 S1,302,982.44 $1,347,257.30 S1,388,866.90 TOTAL ALTERNATE NO. 1-OSTRUM AVENUE $87,068.00 $89,727.20 S88,405.00 $107,736.50 TOTAL ALTERNATE NO.2-CUT DOWN 240TH STREET HILL S10,915.00 S11,610.00 $8,030.00 $31,610.00 Contractor Name and Address:Dresel Contracting,Inc. North Valley,Inc. Tower Asphalt,Inc. Hardrives,Inc. 24044 July Ave. 20015 Iguana Street NW 15001 Hudson Rd. 14475 Quiram Dr. Chisago City,MN 55013 Nowthen,MN 55330 P.O.Box 15001 Rogers,MN 55374 Lakeland,MN 55043 Phone:(651)257-9469 (763)274-2580 (651)436-8444 (763)428-8886 Fax(651)257-1169 (763)274-2584 (651)436-6515 (763)428-8868 Signed By:Joshua J.Dresel Brad Schmidtbauer Richard A.Anderberg Donald R.Hall Title:Vice President President Project Manager Vice President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged:One,Two One,Two One,Two One,Two I 000568061330BT.xls BT-3 Bidder No.5 Bidder No.6 Bidder No.7 BID TABULATION Northwest Asphalt,Inc. T.A.Schifsky&Sons,Inc. Jay Bros.,Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 897,000.00 S97,000.00 S35,000.00 835,000.00 874,000.00 S74,000.00 2 TRAFFIC CONTROL LS 1 S1,000.00 $1,000.00 S1,100.00 $1,100.00 S12,500.00 $12,500.00 3 PROTECTION OF CATCH BASIN IN STREET EA 1 $200.00 S200.00 S270.00 $270.00 S300.00 8300.00 4 PROTECTION OF CATCH BASIN,NON-STREET EA 2 S200.00 8400.00 S330.00 S660.00 5200.00 S400.00 5 SALVAGE AND REINSTALL FENCE LF 200 $4.00 $800.00 $4.10 S820.00 $15.00 $3.000.00 6 SALVAGE AND REINSTALL RCP APRON EA 4 8425.00 81,700.00 $405.00 S1,620.00 5120.00 S480.00 7 MILL BITUMINOUS PAVEMENT(1 1/2"DEEP) SY 60 $15.00 8900.00 $6.00 S360.00 $3.70 $222.00 8 REMOVE PIPE CULVERT LF 206 $10.00 $2,060.00 $12.50 S2,575.00 $8.00 $1,648.00 9 SALVAGE AND REINSTALL MAILBOX EA 40 $100.00 S4,000.00 $85.00 $3,400.00 $65.00 $2,600.00 10 CLEAR AND GRUB TREE 30 8260.00 $7,800.00 S275.00 S8,250.00 83,000.00 890,000.00 11 DITCH EXCAVATION LE 1000 $6.00 $6,000.00 $5.68 S5,680.00 $2.20 82,200.00 12 COMMON EXCAVATION(P) CY 2500 $7.15 817,875.00 $7.00 S17,500.00 $3.59 $8,975.00 13 SUBGRADE EXCAVATION CY 1500 $5.50 S8,250.0O $7.00 S1O,500.00 $6.15 $9,225.00 14 SELECT GRANULAR BORROW(CV) CY 2300 $9.00 820,700.00 $6.80 S15,640.00 $6.20 $14,260.00 15 GRANULAR BORROW(P) CY 8200 59.00 S73,800.00 $7.05 S57,810.00 $5.95 $48,790.00 16 TOPSOIL BORROW(LV) CY 2700 $11.55 S31,185.00 $11.60 S31,320.00 $8.50 822,950.00 17 GEOTEXTILE FABRIC,TYPE V SY 7500 51.00 $7,500.00 $1.95 S14,625.00 $1.00 $7,500.00 18 AGGREGATE BASE,CLASS 5 TN 12700 $7.55 S95,885.00 $11.40 S144,780.00 812.48 S158,496.00 19 AGGREGATE SHOULDERING, 100%CRUSHED LIMESTONE TN 2800 $19.25 S53,900.00 $19.26 S53,928.00 518.40 S51,520.00 20 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 770 $11.00 $8,470.00 411.40 $8,778.00 $11.45 $8,816.50 21 TYPE LV 3 NON WEARING COURSE MIXTURE(B) TN 9900 $42.73 $423,027.00 $46.00 $455,400.00 845.68 $452,232.00 22 TYPE LV 3 WEARING COURSE MIXTURE(B) TN 4500 545.72 S205,740.00 $46.00 $207,000.00 $46.02 $207,090.00 23 TYPE MV 3 WEARING COURSE MIXTURE(B) TN 4100 $46.20 S189,420.00 $49.10 S201,310.00 $47.79 S195,939.00 24 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL SY 900 59.30 $8,370.00 $13.60 S 12,240.00 $8.75 57,875.00 25 TYPE LV 4 WEARING COURSE MIXTURE-DRIVEWAY TN 120 $91.15 S10,938.00 $74.00 S8,880.00 $90.00 S10,800.00 26 BITUMINOUS MATERIAL FOR TACK COAT GL 4200 $1.75 S7,350.00 $2.65 S11,130.00 $2.12 S8,904.00 27 CONCRETE FLUME SF 120 $4.50 S540.00 $4.60 $552.00 $4.60 S552.00 28 15"CMP STORM SEWER,16 GAUGE LF 55 $34.92 $1,920.60 $31.60 $1,738.00 $28.00 51,540.00 29 18"RCP STORM SEWER,CLASS 5 LF 112 $36.23 S4,057.76 547.00 $5,264.00 $34.00 $3,808.00 30 15"RCP STORM SEWER,CLASS 5 LF 165 $37.12 $6,124.80 $42.00 $6,930.00 $32.00 55,280.00 31 12"RCP STORM SEWER,CLASS 5 LF 135 532.13 S4,337.55 $36.50 S4,927.50 $28.00 53,780.00 32 18"FLARED END SECTION EA 4 S545.00 $2,180.00 S720.00 S2,880.00 S575.00 52,300.00 33 15"RCP FLARED END SECTION EA 9 8510.00 S4,590.00 $685.00 56,165.00 S530.00 S4,770.00 34 12"RCP FLARED END SECTION EA 1 $492.00 4492.00 S665.00 S665.00 $490.00 $490.00 35 2'X 3'CB,INCL R-3067-V CSTG AND CONC ADJ RINGS EA 1 $1,240.00 S1,240.00 $1,390.00 $1,390.00 $1,020.00 S1,020.00 36 4'DIAMETER STORM SEWER MN EA 1 S1,561.00 S1,561.00 $2,100.00 $2,100.00 S2,840.00 $2,840.00 37 CLASS III RANDOM RIPRAP CY 15 580.00 S1,200.00 588.00 $1,320.00 552.00 8780.00 38 CLASS III GROUTED RIPRAP CY 35 S130.00 14,550.00 $140.00 $4,900.00 870.00 $2,450.00 OOO568O6133O8T.xls BT-4 Bidder No.5 Bidder No.6 Bidder No.7 BID TABULATION Northwest Asphalt,Inc. T.A.Schitsky&Sons,Inc. Jay Bros.,Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total 39 INSTALL SIGN EA 2 8100.00 $200.00 $80.00 S160.00 $200.00 S400.00 40 4"SOLID LINE,WHITE EPDXY LF 30720 S0.14 $4,300.80 $0.15 $4,608.00 80.19 85,836.80 41 4"DOUBLE SOLID LINE,YELLOW EPDXY LF 11750 $0.30 S3,525.00 S0.33 $3,877.50 $0.30 S3,525.00 42 4"BROKEN LINE,YELLOW EPDXY IF 720 $0.15 S 108.00 S0.16 S 115.20 S0.19 S 136.80 43 SILT FENCE,MACHINE SLICED LF 12500 81.75 S21,875.00 $1.85 $23,125.00 $2.00 425,000.00 44 FLOTATION SILT CURTAIN,STILL WATER LF 200 $14.30 52,860.00 S11.50 $2,300.00 $16.00 S3,200.00 45 SEEDING,INCL 250 SEED,FERTILIZER,MULCH AND DISK ANCHOR AC 9 $3,654.00 832,886.00 S750.00 $6,750.00 $715.00 $6,435.00 46 SODDING,LAWN TYPE WITH 4"OF TOPSOIL SY 200 811.30 S2,260.00 810.05 82,010.00 $9.10 S 1,820.00 47 EROSION CONTROL BLANKETS,CATEGORY 3 SY 5500 $2.00 S11,000.00 S1.35 $7,425.00 81.48 $8,140.00 TOTAL BASE BID $1,396,078.51 $1,399,778.20 $1,484,826.10 ALTERNATE NO.1-OSTRUM AVENUE: 48 CLEAR AND GRUB TREE 15 5260.00 $3,900.00 S250.00 S3,750.00 8465.00 $6,975.00 49 SALVAGE AND REINSTALL RCP LF 16 $33.00 8528.00 $41.00 S656.00 820.00 S320.00 50 SALVAGE AND REINSTALL RCP APRON EA 2 8425.00 S850.00 S420.00 S840.00 5200.00 $400.00 51 MILL BITUMINOUS PAVEMENT(1 1/2"DEEP) SY 5 815.00 $75.00 $20.00 1100.00 $3.70 $18.50 52 SUBGRADE EXCAVATION CY 850 $5.50 84,675.00 S7.00 $5,950.00 $7.00 S5,950.00 53 SELECT GRANULAR BORROW(CV) CY 500 $9.00 S4,500.00 86.80 83,400.00 S7.50 83,750.00 54 GRANULAR BORROW(LV) CY 550 $7.15 S3,932.50 87.05 83,877.50 $7.20 83,960.00 55 TOPSOIL BORROW(LV) CY 200 511.55 82,310.00 $11.60 $2,320.00 89.00 $1,800.00 56 GEOTEXTILE FABRIC,TYPE V SY 800 81.00 S800.00 $1.95 S1,560.00 $1.00 S800.00 57 AGGREGATE BASE,CLASS 5 TN 730 $7.55 S5,511.50 $14.30 S10,439.00 S13.20 89,636.00 58 AGGREGATE SHOULDERING,100%CRUSHED LIMESTONE TN 180 819.25 $3,465.00 $19.26 83,466.80 $18.60 $3,348.00 59 TYPE LV 3 NON WEARING COURSE MIXTURE(B) TN 520 $42.73 822,219.60 $46.00 S23,920.00 S45.68 S23,753.60 60 TYPE LV 3 WEARING COURSE MIXTURE(B) TN 520 $45.72 823,774.40 S48.00 S24,960.00 S46.02 823,930.40 61 BITUMINOUS MATERIAL FOR TACK COAT GL 260 $1.75 $455.00 $2.50 S650.00 12.12 S551.20 62 15"RCP STORM SEWER,CLASS 5 LF 40 S33.89 S1,355.60 $44.00 $1,760.00 $32.00 81,280.00 • 63 15"RCP FLARED END SECTION EA 2 S560.00 81,120.00 8700.00 51,400.00 $490.00 8980.00 64 EROSION CONTROL BLANKETS,CATEGORY 3 SY 1000 $2.00 $2,000.00 $1.35 $1,350.00 $1.68 $1,680.00 65 SILT FENCE,MACHINE SLICED LF 1300 S1.75 $2,275.00 81.90 82,470.00 S2.20 82,860.00 66 FLOTATION SILT CURTAIN,STILL WATER LF 300 $14.30 84,290.00 S11.10 83,330.00 S15.00 $4,500.00 67 SEEDING,INCL SEED,FERTILIZER,MULCH AND DISK ANCHOR AC 0.3 57,665.00 S2,299.50 S800.00 5240.00 42,568.00 $770.40 TOTAL ALTERNATE NO.1-OSTRUM AVENUE $90,336.10 $96,439.30 $97,263.10 ALTERNATE NO.2-CUT DOWN 240TH STREET HILL 68 COMMON EXCAVATION CY 2500 $7.15 S17,875.00 S7.00 417,500.00 $6.30 S15,750.00 69 EROSION CONTROL BLANKETS,CATEGORY 3 SY 1400 $2.00 52,800.00 S1.30 S1,820.00 S1.55 $2,170.00 TOTAL ALTERNATE NO.2-CUT DOWN 240TH $20,675.00 $19,320.00 $17,920.00 STREET HILL 000568061330BT.xls BT-5 Bidder No.5 Bidder No.6 Bidder No.7 BID TABULATION Northwest Asphalt,Inc. T.A.Schifsky&Sons,Inc. Jay Bros.,Inc. Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total BID SUMMARY: TOTAL BASE BID S 1,396,078.51 S 1,399,778.20 $1,484,826.10 TOTAL ALTERNATE NO. 1-OSTRUM AVENUE $90,336.10 S96,439.30 $97,263.10 TOTAL ALTERNATE NO.2-CUT DOWN 240TH STREET HILL $20,675.00 $19,320.00 S 17,920.00 Contractor Name and Address:Northwest Asphalt,Inc. T.A.Schifsky&Sons,Inc. Jay Bros.,Inc. 1451 Stagecoach Rd. 2370 E.Hwy 36 9218 Lake Drive NE Shakopee,MN 55379 North St Paul,MN 55109 P.O.Box 700 Forest Lake,MN 55025 Phone:(952)445-1003 (651)777.1313 (651)464-6400 Fax(952)445.1056 (651)777-7843 (651)464-1704 Signed By. Lance Guentzel David W.Schifsky Mark R.Jay Title: Project Manager C.E.O C.F.O. Bid Security: Bid Bond Bid Bond Bid Bond Addenda Acknowledged:One,Two One,Two One,Two i 000568061330BT.xls BT-6 Meeting Date: 4/3/2007 Agenda Item: PC z� � d) 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 Sprint Nextel for a Conditional Use Permit(CUP) to allow for co-location of three antennas on the existing US Cable Tower at 15072 Old Marine Trail North (File No. 2007010) Deadline/Timeline: 60-day review period expires May 14, 2007 Background: The planner will present the attached report and recommendations at the meeting on April 3, 2007. Recommendation: The planner has recommended approval of the CUP with conditions, which have been incorporated into a draft resolution for use by the Planning Commission and City Council. Attachments/ • Draft Resolution 04-03-07-03 Materials provided: • Location Map • TKDA Memorandum dated 3/28/2007, with attachments Contact(s): Mark Hemstreet for Sprint Nextel, 651 730-0244 Prepared by: Anne Hurlburt, Administrator (Sprint Nextel cup) Page 1 of 1 03/29/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO.: 04-03-07-03 SPRINT NEXTEL CONDITIONAL USE PERMIT FOR ANTENNA CO-LOCATION AND CONSTRUCTION OF THREE EQUIPMENT CABINETS WHEREAS, Sprint Nextel has made application for a Conditional Use Permit to allow co-location of three CDMA antennas on the existing US Cable Tower and for the construction of three equipment cabinets, located at 15072 Old Marine Trail; and WHEREAS, the property is legally described as follows: The NE '/o of SE '/ of Section 35, Township 32,Range 20 West; and the SW % of NW '/ and the NW % of SW '/ of Section 36,Township 32, Range 20 West; and all that part of the SE '/ of SE '/ of Section 35, Township 32, North of Range 20 West, lying North of the so-called Chisago City & Marine Mills Road running over and across said tract; and all that part of the SW '/ of SW ''A of Section 36, Township 32, North of Range 20 West, Village of Marine, Washington County, MN, which lies North of the centerline of the Chisago City & Marine Mills Road, excepting therefrom all that part thereof which lies easterly of the following described line, to- wit: Commencing at the NE corner of the SW '/ of SW '/ of Section 36, Township 32 North, Range 20 West, Washington County, MN, thence East along the North line of said SW '/ of SW '/ on an assumed bearing of North 89 degrees 48 minutes 54 seconds West for 1007.3 feet to the point of beginning of the line to be described; thence South 10 degrees 17 minutes 37 seconds West for 311.63 feet, more or less, to its intersection with the traveled centerline of the Chisago City and Marine Mills Road, which is the end of the line to be described. Containing 1.8 acres, more or less, subject to the right-of-way of the Chisago City and Marine Mills Road and subject also to an easement for roadway purposes over and across the easterly 20.0 feet of the above- described tract.); and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on April 3, 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 Sprint Nextel for a Conditional Use Permit. Resolution No.: P�/90.Se Cb -ems ii"-3-0 7 Page 2 of 2 dcav/ /7 6Y-0 3 -O7- 0 3 cps "77` (e /l /D -e___,--Th FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the antennas and equipment cabinets are installed per the Sprint Nextel Plan Set dated February 16, 2007, and per Wildcat Engineering, LLC Level II Structure Analysis dated February 22, 2007. 2. That the unused 10 foot microwave dish on the tower be removed when the new antennas are installed. 3. That a Landscaping Plan is submitted to the City, showing 10 tree plantings on the west and north sides of the tower's compound. Tree species shall be coniferous and a minimum of 4 feet in height. ‹. 4. That a 6 foot chain link fence with a locked gate enclosing the compoundexisting tower and ' . new ground equipment be installed. 5. That a secure gate at the driveway entrance be installed. 6. That any debris is cleaned from the site. 7. That all fees and escrow are paid in full. Adopted by the Scandia City Council this third day of April,2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk Resolution No.: Page 2 of 2 FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the antennas and equipment cabinets are installed per the Sprint Nextel Plan Set dated February 16, 2007, and per Wildcat Engineering, LLC Level II Structure Analysis dated February 22, 2007. 2. That the unused 10 foot microwave dish on the tower be removed when the new antennas are installed. 3. That a Landscaping Plan is submitted to the City, showing 10 tree plantings on the west and north sides of the tower's compound. Tree species shall be coniferous and a minimum of 4 feet in height. 4. That a 6 foot chain link fence with a locked gate enclosing the compound be installed. 5. That a secure gate at the driveway entrance be installed. 6. That any debris is cleaned from the site. 7. That all fees and escrow are paid in full. Adopted by the Scandia City Council this third day of April, 2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk 5 1 .....7'7'..t.‘ • • iI SAND LAKE OVER• -� '♦K♦♦.: • • ;TNC SANETVnRY'. 'C.. R21W R'a1W R19W • r• 1 w•!AllEMU •-` • fl'NI T32N i iri ••,,,,,,• cI I i._. ��-� E T INT TIIN • DON TJON• • T9N T9N ‘ •. TUN -11 TUN • T27N{•( T7N � . _ II • • / �� • / R22W R21W RXIW II • • • • 1 - Vicinity Map • \\N\. _ • • .\ \s\‘:\ss...\ I Scab In Feet / • • • • • 4 I • • • , z...........—...,. •• 1 . . This ha.,x••MS.N•LPP••$.•1 • Wan•wr Caney Min• •YnMb wed for Warw. • • N...only Waahrgian xr»=W anyinacno Cm,x M Location Map ISparta Wa- Coo, • • I I 10511•30!075 I[ Parcel a•u Wad anA&WOWarm* canari Napo"Amory J..TOW 1 WO*ad wMw.2007 L_ 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: Sprint Nextel Conditional Use Permit Planning Commission Scandia File Number 2007010 Anne Hurlburt, Administrator Copies To: Proj. No.: 13812.004 From: Richard E. Thompson, AICP City of Scandia, Minnesota Berry Farrington Routing: Date: March 28, 2007 SUBJECT: Sprint Nextel Conditional Use Permit Request MEETING DATE: April 3, 2007 LOCATION: 15072 Old Marine Trail Scandia, Minnesota APPLICANT: Mark Hemstreet for Sprint Nextel ZONING: Agriculture District(AG) ITEMS REVIEWED: Attachment 1. Application Attachment 2. Site Plans Attachment 3. Statement of Proposed Use and Description of Project Attachment 4. Tower Structural Analysis Attachment 5. US Cable Letter dated March 12, 2007 Attachment 6. Lease agreement signed by Land Owner Attachment 7. Site Photos 60-DAY DEADLINE: May 14, 2007 BRIEF DESCRIPTION OF THE REQUEST: The Applicant, Sprint Nextel, requests a Conditional Use Permit to allow for the co-location of three antennas on the existing US Cable Tower and for the construction of three equipment cabinets in the existing compound at the base of the tower(Attachment 1). The tower is located at 15072 Old Marine Trail North. BACKGROUND: The subject property is in the Agriculture District. The Scandia Zoning Ordinance allows the addition of antennas on an existing tower by Conditional Use Permit in the Agriculture District. The property is approximately 40 acres used for agricultural purposes. Overall, the tower site which includes areas for guy wires, is about 90,000 square feet, or a little over 2 acres. The actual equipment compound is approximately 100 by 50 feet. The existing tower is located approximately 500 feet east of Old Marine Trail North. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Sprint Conditional Use Permit Page 2 March 28, 2007 City of Scandia, Minnesota EVALUATION OF THE REQUEST: Antenna Towers in height of 125 to 200 feet are to allow for co-location of a minimum of 3 tenants. The existing antenna is 160 feet tall and currently houses antennas for Mn/DOT and Celinet(Attachment 2). The Applicant indicates that there is one unused 10 foot microwave dish on the tower that will be removed when the proposed Sprint Nextel antennas are installed. Sprint Nextel would be the third tenant(Attachment 3). As required by Ordinance, the Applicant provided signed documentation from Wildcat Engineering, LLC that assures the tower and foundations are adequate to support the existing antenna and the additional antennas proposed by Sprint Nextel(Attachment 4). Written Acknowledgement by the Landowner The Ordinance states that the Applicant must provide written acknowledgement by the landowner/lessee that he/she will abide by all applicable conditional use permit conditions. The Applicant has provided a letter dated March 12,2007, signed by a representative of US Cable,the tower owner(Attachment 5). The Applicant has also provided a copy of the signed lease agreement between the land owner, Mr.Myron Lindgren, and US Cable (Attachment 6). Equipment The Ordinance requires that all equipment is located within a structure. There are existing equipment structures for Mn/DOT and Celinet on the site. The Applicant proposes to construct three equipment cabinets to house the Sprint equipment(not an equipment building as noted in the application form). The equipment cabinets are proposed to be constructed on a 15 x 15 foot metal platform within the compound at the base of the tower. The cabinets are approximately 5 feet tall, 2 feet wide, and 1 to 2 feet deep. Screening and Landscaping The Ordinance (Chapter 2, Section 10.36 (9) (D)) states that the base of the tower and the tower accessory structures shall be landscaped where practical. The application states that since the site is already developed with a telecommunications tower, equipment shelter, and access road,the proposed co-location application does not include landscaping plans. There are existing trees that screen the tower accessory structures from the road to the south(see the site photos, Attachment 7). The tower compound is not screened with landscaping to the northwest. The Zoning Ordinance, Landscaping Requirements call for the greater of one tree per 1,000 square feet of building floor area, or ten trees. The Planners recommend that ten trees be planted on the west and north side of the tower's compound. The Planners recommend coniferous tree species at a minimum height of four feet. A Landscaping Plan showing the proposed trees should be submitted to the City. • Sprint Conditional Use Permit Page 3 March 28, 2007 City of Scandia, Minnesota Fencing The Scandia Zoning Ordinance (Chapter 2, Section 10.36(9) (L))require that towers be protected against unauthorized climbing,by either designing the bottom of the tower to preclude climbing, or by enclosing it with a six foot high chain link fence with a locked gate. The US Cable tower is not protected against unauthorized climbing; the base of the tower is climbable and there is no fence enclosing the tower. There is currently a gate across the driveway, but it is apparent that vehicles drive around the gate and continue down the driveway to the tower site. Because the tower structure depends on the security of the guy wires supporting it, it is important that unauthorized entry to the site is discouraged. In addition,there is some debris at the site, including an old cable spindle. The Planners recommend, as a condition of approval, that a 6 foot chain link fence with a locked gate enclosing the compound be installed,that a secure gate at the driveway entrance be installed, and that any debris is cleaned from the site. 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 of the Conditional Use Permit to allow for the co-location of Sprint's additional 3 antennas and construction of 3 equipment cabinets located at 15072 Old Marine Trail North with the following conditions: 1. That the antennas and equipment cabinets are installed per the Sprint Nextel Plan Set dated February 16, 2007, and per Wildcat Engineering, LLC Level II Structure Analysis dated February 22, 2007. 2. That the unused 10 foot microwave dish on the tower be removed when the new antennas are installed. 3. That a Landscaping Plan is submitted to the City, showing 10 tree plantings on the west and north sides of the tower's compound. Tree species shall be coniferous and a minimum of 4 feet in height. 4. That a 6 foot chain link fence with a locked gate enclosing the compound be installed. 5. That a secure gate at the driveway entrance be installed. 6. That any debris is cleaned from the site. 7. That all fees and escrow are paid in full. RECEIVED tt� 'L. i Z1111 File No. ;)(2 0 7- / 0 CITY OF SCANDIA APPLICA ING AND ZONING REQUEST 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 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) /6'0 7 2. OLD /'V)AR i jiZp I L /V, G► p )t NL4i./ SGAN'DJA 2. Washington County Parcel ID: 3 5'D32_217 1 4O DO / 3. Complete Legal Description: (attach if necessary) 5 ' /9 rrAGI-+a D - P An-c.6L 1 4. Owner(s): Phone: /Yl y2DA/ LINObgZil ill NOPiA/N (h) bs/— N33 2_060 616- Cf 8LL, k') (b) Street Address: D OLD MAR-41✓6 7'12141 L. Ni E-Mail: City/ State: fyl A2,,1Ji Zip: y s'iLf7 5. Applicant/Contact Person: Phone: (b) Cs/ - 2- 3 - -c -7 Street Address (Mailing): 3333 6,14ARLE:57b DPI VL E-Mail: yr. Lb pitt.as City/ State: poopoBU.�y, mu/ Zip: s-6-72 1 6. Requested Action(s): (check all that apply) Variance Minor Subdivision x 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 1/5/2007 7. Brief Description of Request: (attach separate sheet if necessary) i 5 f7/2P p o S i t✓G 727 Go(..(..o GAT►.7.: /9/v T6 Nt1/I5 oW T/ e/1/157J1JL Us G/9 BLI. 'fb /I;fZ. 4ND /06+`14 ), SN%lx6R N5042. 8#S i; U f 1701,112. 8. Project Name: //5 G/9e 7 4(6 "flginl6 b i GR-o l 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: Parcel Search Fee: Escrow Deposit: 1/5/2007 0 02108/2007 23:01 171206852816 US CABLE PAGE 1 -. ............... doe. -.41/4# TOWER EASEMENT PART OF THE NE 1/4 OF THE SE 1/4 o SEC. 35, T32N, R2OW z WASHINGTON COUNTY, MINNESOTA 0 60 120 240 T,1111111.61111.11i BEARING BeorInga cm Minnesota State Plone Grid Azimuthe measured SCALE IN FEET to the right from grid north. NAD83-86 N . NE CORNER SE 1/4, SEC. 35 CAST IRON MON. ' V S ' si TOWER EASEMENT 1 ti. 1 330'47 s 21. 61.87..,:-• * •,§ fifT47•21• '•• •• - -•-. ‘,.. 94,10 -. ..,,,, ....•','.- •. ••r.• 7i,4 ,..). .5. EXISTING 9' GRAVEL DRIVE .f?'...;,. SURVEY ; 15 ........"•1:...• SHED ,,, , • ,• •. 2' 7013'54" : 20. . '-.-• 'N.\75/5 V'N t., ...............„.....„. ..1 19 3.3 20' ACCESS EASEMENT t ohl t ! g 1 1/167H UNE ,f6... g re Jir p—a SE CORNER ,,,,AZIlt:IP SE 1/4. SEC. 35 "W T. ' CAST IRON MON. ,,, .............. ..=...... PROJECT NUMBER eams...4.2114) ENCIREERS•AROIITECTS 44 SURVEYORS•MANNERS DATE Of sien'Y Q2127/08 LANDSCAPE ARciliTEcrs III okArrto BY WM 717 THIRD AVE. S.E. YAGGY ROCNESTER.AAN (-.01 F3 Y SURVEYED BY Ike 307-2.88-6464 KAX SO74811•3038 E-MAIL,INFORPYAGGY.COM sURVEYED Pog Mri/Doi .=MININ•11110•11=11..MOIMI --- viciNvos JO A113 FEB 09,2007 09:16A 13206852816 page 1 LODZ t, I. -1VW I Cl3A1332N March 12, 2007 Fs `1N 041 RE: Statement of Proposed Use and Description of Project Sprint Nextel Antenna Co-location Proposal US Cable Tower, City of Scandia Sprint Nextel, a licensed provider of wireless telecommunication services, (applicant) proposes to collocate a total of three (3) CDMA antennas on the existing tower located at 10572 Old Marine Trail North in the City of Scandia. The tower is owned and operated by US Cable of Cold Spring, Minnesota. The purpose of the antennas is to provide links to other adjacent antenna sites in that area to improve service to Sprint Nextel customers. Additionally, the applicant proposes to place three (3) equipment cabinets on a new 15' by 15' steel equipment platform located on the ground approximately four (4) feet to the southeast of the tower. US Cable is in favor of this. A signed statement to that effect is included in this application. Wildcat Engineering LLC of Tulsa, Oklahoma performed the structural analysis of the tower and concluded that "the tower and foundations are adequate to support the existing and proposed loads on the tower without structural improvement". A copy of Wildcat Engineering's letter, including structural analysis details, is included in the application documents. Presently there are four (4) MNDOT antennas and one, four(4)foot microwave dish on the tower. An unused, 10 foot microwave dish on the tower will be removed when the proposed Sprint Nextel antennas are installed. As the site is currently developed with an existing telecommunications tower, equipment shelter, and access road, the proposed collocation does not include plans for grading or landscaping at this time. WILDCAT ENGINEERING, LLC 4301 East 80th Street Tulsa, Oklahoma 74136 February 22, 2007 Mr. Rick Fraizer Project Manager SGPNO\P Fortune Wireless, Inc. O 6402 Corporate Drive �� Indianapolis, IN 46278-2913 Re: MS80XC622 St. Croix, Minnesota Existing 160' Guyed Tower Analysis Dear Mr. Fraizer, This letter summarizes the Level II structural analysis for the existing 160' tall guyed tower at the St. Croix site in Washington County, Minnesota.The following information was provided to Wildcat Engineering, LLC or obtained for the analysis: • The proposed loadings for Sprint PCS were obtained from the RF Design Template Form prepared by Sprint PCS, dated February 12, 2007. • The existing loadings were obtained from the Citation provided by Minnesota DOT, dated January 11,2007 and the site photo taken on February 6, 2007. • The tower structure components were obtained from the Structural Analysis Report prepared by Ehresmann Engineering, Inc., dated August 13, 1990,Job No. 1683 and the tower section schedule of the model no. 80 tower prepared by Rohn,Drawing No. C681228&C681229. • The foundation capacities of the existing tower were obtained from the Structural Analysis Report prepared by Ehresmann Engineering,Inc., dated August 13, 1990,Job No. 1683 and Concrete Base Schedule&Standard Concrete Anchors prepared by Rohn, Drawing No. C610621 &C620643. The analysis was based on the Structural Standards for Steel Antenna Towers and Antenna Supporting Structures TIA/EI-\ 222-F, and the tower was modeled using the RISA Tower Analysis Program. The specific design parameters used in this analysis were: • TL-\-ELA F Case 1 80 mph wind speed (Washington County, Minnesota) Case 2 69 mph wind speed with '/z" radial ice ASSUMPTION • The 4-bay antenna at 106 feet assumed to be Decibel DB224 4-bay dipole antenna. • The mounting locations of the coaxial cables assumed as shown on the attached tower analysis drawing E-7. Mr. Rick Fraizer St. Croix, Minnesota February 22,2007 Level II Structural Analysis TOWER APPURTENANCES The following tables summarize the existing and proposed appurtenances planned for this tower (Note: proposed appurtenances are highlighted in bold type). PANEL ANTENNAS AND APPURTENANCES Description Face Offset Offsets: Azimuth. Placement CaA.4 CaA.a Weight or Type Horz Adjustment Front Side Leg Lateral Vert ft ft fr1 ft"' lb ft fi BCD-80010 A From Leg 4.00 0.0000 160' No Ice 2.95 2.95 26.50 • (Ant-D) 0' 1/2"Ice 4.11 4.11 48.29 5' 4'Side Mount A From Leg 2.00 0.0000 160' No Ice 2.72 2.72 50.00 (Ant-D) 0' 1/2"Ice 4.91 4.91 89.00 0' PD220 B From Leg 4.00 0.0000 156' No Ice 3.08 3.08 23.00 (Ant-E) 0' 1/2"Ice 5.30 5.30 48.68 10' 4'Side Mount B From Leg 2.00 0.0000 156' No Ice 2.72 2.72 50.00 (Ant-E) 0' 1/2"[cc 4.91 4.91 89.00 0' 4'6"r3"Pipe Mount C From Leg 0.50 0.0000 137' No Ice 1.30 1.30 34.00 (Ant-B) 0' 1/2"Ice 1.57 1.57 45.51 0' BCD-80010 A From Leg 4.00 0.0000 130' No Ice 2.95 2.95 26.50 (Ant-C) 0' 1/2"Ice 4.11 4.11 48.29 5' 4'Side Mount A From Leg 2.00 0.0000 130' No Ice 2.72 2.72 50.00 (Ant-C) 0' 1/2"Ice 4.91 4.91 89.00 0' 4'6"x3"Pipe Mount B From Les 0.50 0.0000 119' No Ice 1.30 1.30 34.00 (Ant-A) 0' 1/2"Ice 1.57 1.57 45.51 0' KMW HB-X-PA-17-002T A From Leg 4.00 0.0000 160' No Ice 1.84 1.84 20.00 (Pr.Sprint) 0' 1/2"Ice 2.18 2.18 26.01 0' 4'Side Mount A From Leg 2.00 0.0000 160' No Ice 2.72 2.72 50.00 (Pr.Sprint) 0' 1/2"Ice 4.91 4.91 89.00 0' KMW HB-X-ID-19-002T B From Leg 2.00 0.0000 160' No Ice 3.09 3.09 28.70 (Pr.Sprint) 0' 1/2"Ice 3.64 3.64 37.39 0' 4'Side Mount B From Leg 2.00 0.0000 160' No Ice 2.72 2.72 50.00 (Pr.Sprint) 0' 1/2"Ice 4.91 4.91 89.00 0' KMW HB-X-PA-17-002T C From Leg 4.00 0.0000 160' No Ice 1.84 1.84 20.00 (Pr.Sprint) 0' 1/2" Ice 2.18 2.18 26.01 0' 4'Side Mount C From Leg 2.00 0.0000 160' No Ice 2.72 2.72 50.00 (Pr.Sprint) 0' 1/2"Ice 4.91 4.91 89.00 0' BCD-80010 A From Leg 4.00 0.0000 119' No Ice 2.95 2.95 26.50 (Ant-F) 0' 1/2"Ice 4.11 4.11 48.29 5' 4'Side Mount A From Leg 2.00 0.0000 119' No Ice 2.72 2.72 50.00 (Ant-F) 0' 1/2"Ice 4.91 4.91 89.00 0' DB224 C From Leg 4.00 0.0000 106' No Ice 3.15 3.15 32.00 (Ant-G) 0' 1/2"Ice 5.67 5.67 41.60 10' 2 of 6 Mr. Rick Fraizer St. Croix, Minnesota February 22,2007 Level II Structural Analysis Description Face Offset Offsets: Azimuth Placement CA.f COO:, Weight or Type Horz Adjustment Front Side Leg Lateral Vert ft o ft fr' fr lb ft 4'Side Mount C From Leg 2.0 0.0000 106' No Ice 2.72 2.72 50.00 (Ant-G) 0' 1/2"Ice 4.91 4.91 89.00 0' MICROWAVE DISHES Description Face Dish Offset Offsets: Azimuth Elevation Outside Aperture Weight or Type Type Horz Adjustment Diameter Area Leg Lateral Vert PL6 59D L_ o ft ft - - - lb C Paraboloid with From 0.50 0.0000 137' 6.00 No Ice 28.27 143.00 (Existing) Radome Leg 0' 1/2"Ice 29.05 292,13 0' PL6-59D B Paraboloid with From 0.50 0.0000 119' 6.00 No Ice 28.27 143.00 (Existing) Radome Leg 0' 1/2"Ice 29.05 292.13 0' FEED LINES Description Face Allow Component Placement Total Number Clear Width or Weight or Shield Type Number Per Row Spacing Diameter Leg ft in in LDF5-50A(7/8 FOAM) B Yes Ar(CfAe) 106'-5' 5 - -33 5 0 (Ex Omni) .5000 1.0900 0.33 • LDFS-50A(7/8 FOAM) B Yes Ar(CfAe) 119'-106' 4 4 0.5000 1.0900 0.33 (Ex Omni) LDFS-50A(7/8 FOAM) B Yes Ar(CfAe) 130'-119' 3 3 0.5000 1.0900 0.33 (Ex Omni) LDFS-50A(7/8 FOAM) B Yes Ar(CfAe) 156'-130' 2 2 0.5000 1.0900 0.33 (Ex Omni) LDFS-50A(7/8 FOAM) B Yes Ar(CfAe) 160'-156' 1 I 0.5000 .1.0900 0.33 (Ex Omni) EW52 A Yes Ar(CfAe) 119'-5' 2 2 0.5000 1.7426 0.59 (Ex Dish) EW52 A Yes Ar(CaAa) 137'- 119' I I 0.5000 1.7426 0.59 (Ex Dish) LDF7-50A(1-5/8 C Yes Ar(CfAe) 160'-5' 6 3 0.5000 1.9800 0.82 FOAM-Pr.Sprint) 3 of 6 • Mr. Rick Fraizer St. Croix, Minnesota February 22,2007 Level II Structural Analysis ANALYSIS RESULTS The following Section Capacity Table from the RISA Tower Analysis Program summarizes the analysis and is provided for reference. SECTION CAPACITY TABLE " Section Elevation Component Size • Critical P SF*P n,,.. % Pass No. ft Type Element lb lb Capacity Fail T1 160-140 Leg ROHN 2.5 STD 1 -15341.20 61533.81 24.9 Pass Diagonal ROHN TS1.5x11 ga 15 -1756.43 14458.65 12.1 Pass 32.0(b) Top Girt ROHN TS1.5x1 I ga 4 -150.16 12662.46 1.2 Pass Bottom Girt ROHN TS1.5x11 ga 9 771.43 20804.66 3.7 Pass Guy A@147.591 1/2 313 8062.61 13450.00 59.9 Pass Guy B@147.591 1/2 308 7751.44 13450.00 57.6 'Pass Guy C-I47.591 1/2 299 8011.64 13450.00 59.6 Pass Top Guy Pull- L3x3x5/16 . 303 3530.33 44811.86 8.7 Pass • OtT 147.591 - 20.6(b) Torque Arm L3x3x5/16 315 6805.94 51251.18 13.3 Pass Top@ 147.591 Torque Arm L3x3x5/I6 306 -8208.84 21708.30 37.8 Pass Bottom.@147.59I T2 140-120 Leg ROHN 2.5 STD 59 -22692.60 51205.59 44.3 Pass Diagonal ROHN TSI.5xl 1 ga 90 -1944.71 9373.71 20.7 Pass 35.4(b) Top Girt ROI-EN TS1.5x1 I ga 61 -1018.76 12662.46 8.0 Pass Bottom Girt ROHN TS1.5x11 ga 65 -396.92 12662.46 3.1 Pass T3 120-100 Leg ROHN 2 X-STR 92 -22908.00 39210.33 58.4 Pass Diagonal ROHN TS 1.5x1 I ga 102 -1610.47 9373.71 17.2 Pass 29.3(b) Top Girt ROHN TS1.5x1 I ga 96 -266.23 12662.46 2.1 Pass Bottom Girt ROHN TS1.5;x11 ga 97 -807.75 12662.46 6.4 Pass T4 100-80 Leg ROHN 2 X-STR 125 -20683.30 39210.33 52.7 Pass Diagonal ROHN TSI.5x1 I ga 135 -2594.16 9373.71 27.7 Pass 47.2(b) Top Girt ROHN TS1.5x1 I ga 127 -784.12 12662.46 6.2 Pass Bottom Girt ROHN TS1.5x1 I ga 130 -1366.47 12662.46 10.8 Pass T5 80-60 Leg ROHN 2 STD 158 -20701.10 29063.66 71.2 Pass Diagonal ROHN TS1.5x1.1 ga 181 -1481.48 9373.71 15.8 Pass 27.0(b) Top Girt ROHN TS I.5x 11 ga 160 -514.73 12662.46 4.1 Pass Bottom Girt ROHN TSI.5x1 I ga 163 -544.62 12662.46 4.3 Pass Guy A@79 1/2 324 8286.02 13430.00 61.6 Pass Guy B@,79 1/2 323 8155.41 13450.00 60.6 Pass Guy C!ci;79 1/2 319 8227.55 13450.00 61.2 Pass Top Guy Pull- L3x3x5/16 322 3679.50 4481 1.86 9.1 Pass Oft(79 21.4(b) T6 60-40 Leg ROHN 2 STD 191 -19049.50 29063.66 65.5 Pass Diagonal ROHN TS1.5x1 I ga 220 -1050.47 9373.71 11.2 Pass 19.1(b) Top Girt ROHN TSI.5xl I ga 193 -486.87 12662.46 3.8 Pass Bottom Girt ROHN TS1.5x11 ga 196 -153.23 12662.46 1.2 Pass T7 40-20 Leg ROHN 2 STD 224 -19583.00 29063.66 67.4 Pass Diagonal ROHN TS1.5x1 I ga 233 -452.45 9373.71 4.8 Pass 8.2(b) Top Girt ROHN TS I.5x 1 I ga 228 -129.65 12662.46 1.0 Pass Bottom Girt ROHN TS1.5x1 I ga 230 229.60 20804.66 1.1 Pass T8 20-5 Leg ROHN 2.5 X-STR 258 -19016.70 67326.49 28.2 Pass Diagonal ROHN TS1.5x1 I ga 266 -838.15 9424.14 8.9 Pass 15.2(b) Top Girt ROHN TS 1.5x 11 ga 260 -230.55 12662.46 1.8 Pass Bottom Girt ROHN TS 1.5x 1 I ga 262 1592.37 20804.66 7.7 Pass T9 5-0 Leg ROHN 2.5 X-STR 284 -1265I.40 51949.90 24.4 Pass 4of6 Mr. Rick Fraizer St. Croix, Minnesota February 22,2007 Level II Structural Analysis Section Elevation Component Size Critical P SF•P„ % No. ft Type Element lb lb °" a Pass --- -__ Capacity Fail Horizontal 3 l/2x1/2 295 -177.36 9097.28 1.9 Pass Top Girt 3 1/2x1/2 288 2292.54 50387.40 4.5 Pass Bottom Girt 3 12x1/2 290 -121.68 41364.32 0.8 Pass Summary Leg(T5) 71.2 Pass Diagonal 47.2 Pass (T4) Horizontal 1.9 Pass (T9) Top Girt 8.0 Pass (T2) Bottom Girt 10.8 Pass (T4) Guy A(T5) 61.6 Pass Guy B(T5) 60.6 'Pass Guy C(T5) 61.2 Pass Top Guy 21.4 Pass Pull-Off (T5) Torque Arm 13.3 Pass Top(TI) Torque Arm 37.8 Pass Bottom(T 1) Bolt Checks 47.2 Pass RATING= 71.2 Pass COMMENTS ON ANALYSIS Superstructure As shown in the tower analysis the maximum stress in any of the structural members is approximately 71 °A. Foundations The result of analysis on the existing tower foundation is as follows; Capacities Pr. Reactions by JWA %Stress Tower Base Axial 42.8 kips(1)(2)(3) 44.6 10�F s ._2%kip Guy Vertical 99.1 kips (3)(4) 17.0 kips 76.6% Anchor Horizontal 21.8 kips (3)(4) 16.5 kips 75.7°o (1) Tower base designed for 2000 psf allowable soil bearing-Note 9 on the structural analysis by Ehresmann Engineering,Inc. (2) JWA assumed the allowable soil side friction as 100 psf.Analysis neglected the top three feet of soil. (3) The size of the tower base and the guy anchor are shown on the Rohn drawings. (4) Guy anchor capacities were based on the normal cohesive type soil with a horizontal bearing capacity of 400 psf per linear foot of depth-Rohn"Standard Concrete Anchors". 5 of 6 Mr. Rick Fraizer St. Croix,Minnesota February 22,2007 Level II Structural Analysis As shown in the preceding table vertical and horizontal loads are within the original design parameters. The axial load on the tower base is approximately 4%greater than the maximum computed allowable load. We believe that this is acceptable for the following reasons; 1. the assumed bearing capacity of 2000 psf is conservative and is likely higher 2. the intermittent nature of the maximum loads is infrequent Wildcat Engineering,LLC assumes that the foundation was designed and built in accordance with the original design and specifications and is in good condition. We therefore believe it reasonable to conclude that the foundation is structurally capable of supporting the existing and the proposed antenna loadings without any foundation improvements. CONCLUSION AND RECOMMENDATIONS Based upon the analysis,Wildcat Engineering,LLC has concluded that the tower and foundations are adequate to support the existing and proposed loads on the tower without structural improvement. Please note that this analysis is predicated on the assumptions and conditions stated herein. Any deviation from these parameters renders this analysis null and void. Very truly yours, Wildcat Engineering, LLC Jeffrey L. riffm, P.E. President mf. qy(( Protr Rlitmiai s Sy Of iL Side Of Signat n. Prittte� Narne .,r'_. Date; �z gJk 23498 6 of 6 ifiseez :T:::::i Use Permit, Sprint Nextel, Applicant 15072 Old Marine Trail North, Scandia, MN 55073 Scandia File Number 2007010 TKDA Project No. 13582.013 Sprint Nextel has made application to co-locate on an existing tower located at 15072 Old Marine Trail North. Please let this letter serve as written acknowledgement that the tower owner, US Cable, and Sprint Nextel will abide by all applicable conditional use permit conditions. Signed: D-171;,....1 nitCkAkce `4 0 ve Johnson, S C. .le Signed: ti/D7 Mark Hemstreet, Leasing Agent, for Sprint Nextel AMENDMENT TO LEASE AGREEMENT DATED MAY 5, 1998 BY AND BETWEEN MYRON LINDGREN, LESSOR AND US CABLE OF COASTAL- TEXAS, L.P.,SUCCESSOR TO CITATION CABLE SYSTEMS, LTD., LESSEE This Amendment to Lease agreement dated May 5, 1998 by and between Myron Lindgren, Lessor, and US Cable of Coastal-Texas, L.P.,successor to Citation Cable Systems, Ltd., Lessee, hereby agree as follows: I. In the event that Sprint/Nextel co-locates on this tower located at 15072 Old Marine Trail North, Marine on the St. Croix, MN, US Cable will increase the rent by a per month to the existing rent broken down as such: per month (the original terms of the lease dated May 1, 1998), and ' per month (for the co-location sub lease agreement dated August 6. 1999, with the Metropolitan Radio Board). The new monthly total will be In the event that either of the above tenants vacates the tower the rent would be reduced by the above numbers including escalation amounts. 2. The term of the Lease shall be extended from the current expiration of April 30, 2013 annually for additional one-year successive terms unless Lessee notifies Lessor at least ninety(90)days prior to the expiration of the then current term. 3. On April 30, 2010 the rental shall increase three(3%)percent per antrum on the anniversary date of the Lease throughout the term of the Lease. IN WITNESS WHEREOF. the parties hereto have executed this extension this 26th day of March, 2007. LESSOR Witness: By:_ J By: Dater J.R,L d 7 Jac, el i K. Torborg Myron L' dgren LESSEE US Cable of Co T xas, L.P. >� By: r�-- Date: 3 C2 D Steven L. Jo tso , State Manager NAP. 2€, ?0O '_ :32A - page 1 , Attachment 7. Site Photos I s � k ti >f {� t a. 4 y R Yr _ .,.,. {t A } - ...±,,,c. .,........0 . .., .. ...s . oriai,„.... _ _.. _ ... . . ... ,4.4,4,...,,,.„..&, ,. ..4,.,...; . ..._.......... _ ,...,,,,,...1,...,, .... .. ... .,, „_,.... I. . i t .... „„,„ ,. .._.. , . , , . _ F cFk0.aW W�. �.a `siQ` c mod }4 @''; ? �.I'6 1®u�,dE i '.. Meeting Date: 4/3/2007 Agenda Item: it • 1)). PlanningCommission/CityCouncil Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss the incomplete application by Big Marine Development, LLC for final plat approval for Tii Gavo, an Open Space Conservation Subdivision. Give direction to the developer and staff on the following policy matters, and continue further discussion to the May 1, 2007 meeting: 1. Whether or not an amendment to the preliminary plat should be required before a final plat application can be accepted. 2. Review and confirm the results of the Council subcommittee which reviewed park dedication requirements for the project. 3. Consider the developer's proposed phasing of the project and whether it is acceptable to the City. 4. Discuss the developer's proposal to defer design of the accessory storage buildings to a later date. 5. Consider the type of financial guarantee that will be acceptable to the City as part of the development contract. 6. Discuss whether or not some flexibility should be granted to the developer to proceed with construction of the community building prior to recording the final plat. Deadline/ Timeline: Application currently incomplete. Background: The initial application package for final plat approval was received by the city on February 14, 2007. The application was found to be incomplete, as documented in a letter from TKDA to the developer's representative on March 1. Additional comments were provided to the developer in letters from the city's attorney and consulting engineers. These letters as well as several letters submitted in response by the developer and their engineers are attached. While some of the items requested have been provided, there are still a substantial number of review items that have not been submitted in sufficient detail, or were not submitted in time for our review in order to provide the Commission and Council with a recommendation for approval Page 1 of 6 03/30/07 at the April 3 meeting. For example, the response to many of the engineering comments were simply that the developer would"work closely with the City Engineer to incorporate necessary revisions"to plans. Because of the complexity of the design of this project, staff is not comfortable with this vague response. Also, the landscape plan is incomplete as it does not include species of plants, and the restoration and management plan for conservation areas and the conservation easement were not submitted in time for a complete review. Staff is preparing a detailed response outlining these items and the other information still needed. Even though staff cannot recommend approval of the final plat at the April meeting, there are several policy issues that the Commission and Council should discuss and provide direction on prior to consideration of the plat: 1. Should an amendment to the preliminary plat be required before a final plat application can be accepted? Throughout the review of the concept plan and preliminary plat, Tii Gavo was presented with a community well serving all of the homes. The community water system was one of the factors that led to approval of the full 100%density bonus for the project. The elimination of the community well could be considered a material change to the Preliminary Plat,requiring an amendment (including a public hearing)before Final Plat approval. The developer has explained at that they had decided prior to the September 5,2006 preliminary plat approval that the community water system would not be financially feasible. There was one very small note on one of the plans submitted for that meeting that there would be"shared private wells." When the preliminary plat was approved,the minutes included the requirement"that Washington County approves the community wastewater treatment system and well." The minutes do not reflect,nor do memories of staff present at that meeting, that this change was ever mentioned in the presentation. The developer now proposes to "encourage"individual homeowners to share their private wells. As homes will be built one-by-one,potentially by different builders and at different times, staff points out that it is likely that each home will end up with its own well rather than sharing wells. The Council and Commission should discuss this issue. Would the project have received the full density bonus if it had not included the community well? If it is your judgment that it would not, then an amendment to the plat should be required. If, on the other hand, you Page 2 of 6 03/30/07 consider this to be minor and the change would not have affected the preliminary plat approval, then an amendment would not be necessary. 2. Review and confirm the results of the Council committee which reviewed park dedication requirements for the project. At its March 6 meeting, the City Council appointed a committee(Mayor Seefeldt, Councilmember Peterson and Administrator Hurlburt) to meet with the developer to resolve the park dedication requirements for the project. The developer had proposed to receive park dedication credit for a trail easement in the private open space of the project. The committee found that the easement may have some value to the public and to the residents of the development in the future, if a trail were built and connected to a trail to the north. However, with no trail or parking for public access planned by the developer,there would not be a public benefit at this time. Therefore, the committee recommends that the developer should dedicate the easement, and that the city should request the full amount of park dedication provided by the development code ($1,500 cash dedication per lot.) The developer's representative appeared to indicate agreement. 3. Consider the developer's proposed phasing of the project and whether it is acceptable to the City. The developer has proposed to phase final platting. 29 of the 37 approved lots would be included in the first phase. All of the infrastructure except for an approximately 1,300-foot section of Meadowridge Trail between the two ends of Meadowridge Lane would be included in the first phase. The developer indicated that the base and rough grading of this road section would be completed, and "the future road area will be dressed with topsoil and seeded in lieu of installing the bituminous paving."The lots along this section would be platted as outlots and would be further divided to create the building sites in the future. Staff has concerns about this phasing plan, particularly with the road construction. Seeding on top of the road base on a temporary basis,then re-grading and bringing it back to a condition on which a good, permanent road can be installed may be difficult. Constructing this section later will cause disruption and possible damage to the other public streets in the project. There will be utilities in the right-of-way, and the drainage system in that area will need to be constructed in the first phase for it to function properly. The potential savings do not seem to warrant the risks. Furthermore, Meadowridge Trail is the main street through the development; without the connection, the street name changes within the project will be confusing. Page 3 of 6 03/30/07 If this phasing plan is allowed,the city should recognize the possibility that the second phase might not proceed for many years, if ever. Staff recommends that the road be constructed through the first lift of asphalt as part of the first phase. If it is not, a financial guarantee to guarantee completion of the road to city standards should be part of the first phase, even if the road construction and lot divisions are not. 4. Discuss the developer's proposal to defer design of the accessory storage buildings to a later date. The preliminary plat approval required that plans showing the size, placement and design of the accessory storage building must be submitted. The developer has indicated that these buildings will be"built on a demand basis" and that they will not design them prior to final plat approval. They stated that"the design of the structures and the site layout of the lot will need approval from the Design Quality Committee as well as the Carnelian Marine Watershed District." The presence of and design of the accessory structures was a concern at the time of preliminary plat approval. The Council should consider whether deferring the design of these buildings until after plat approval is acceptable. If so, what process should be required for city approval? Should it allow for Planning Commission and/or public input? 5. Consider the type of fmancial guarantee that will be acceptable to the City as part of the development contract. Section 13 of Chapter 3 of the Development Code indicates that "the financial guarantee required as part of the subdivision agreement shall be one of the following", then lists three options that "may"be used-- cash escrow,performance and payment bond, and irrevocable letter of credit. The developer has proposed to post a performance and payment bond for the public improvements. Staff recommends against accepting this form of guarantee. The developer believes that the city must accept it based on the language in the code. The code language is permissive, allowing the city and developer to negotiate an agreement acceptable to both parties. While in the past performance bonds were often accepted by cities and towns for this purpose, the practice has been discontinued by most at the recommendation of their attorneys,planners and engineers. The reason for this is the difficulty of obtaining funds from a bonding company should it be necessary to do so. Letters of credit do not pose this same problem. Developers sometimes argue that this places an unacceptable burden on them by tying up their funds in order to obtain the letter of credit. However, it has been our observation that the cost may not be Page 4 of 6 03/30/07 • much greater than a bond, and if the developer has a good relationship with their bank it should not be an undue burden to provide a letter of credit. Staff strongly recommends that a performance bond not be accepted, and that a letter of credit should be required. The code could be changed to eliminate the option, or to clarify that the type of guarantee is at the city's discretion,but staff does not believe it is necessary. 6. Discuss whether or not some flexibility should be granted to the developer to proceed with construction of the community building prior to recording the final plat. This is a complex project with a large number of issues that must be resolved before the plat is recorded. It is not uncommon for a city to allow a model home to be constructed while this step is being finalized. In this case, the developer would like to proceed with construction of the community center building as soon as possible. This building is not currently an allowable use, so a permit can't be issued by staff at this time. To address this situation,the city and developer could enter into an agreement authorizing a permit to allow the developer to get started on the community building. The agreement should hold the city harmless if for any reason the project would not proceed, and require a financial guarantee for removal of any construction that might later be found to be non-conforming. If the City Council would be comfortable doing so, it could authorize the City Attorney to prepare, and the Mayor and Clerk to sign, such an agreement. Recommendation: I recommend that the Planning Commission and Council discuss the policy issues described above, and give direction to the developer and staff. With this direction, it should be possible for staff to make recommendations on the final plat for the May 1 meeting. We would also expect that the Wetland Conservation Act application for the project could be considered at the May 1 meeting. Attachments/ 1. Letter dated 3/1/07 from Richard Thompson, TKDA Materials provided: 2. Letter dated 3/6/07 from David Hebert, Herbert & Welch PA 3. Memo dated 2/28/07 from Emily Resseger, Bonestroo 4. Memo dated 3/12/97 from Tom Peterson, Bonestroo 5. Memo dated 3/19/07 from Atom Pfeffer, Ayres Associates 6. Letter dated 3/21/07 from Roger Tomten, Putman Planning& Design 7. Notes of 3/15/07 committee meeting by Roger Tomten, Putman Planning & Design 8. Letter dated 3/219/07 from Carnelian Marine Watershed District Page 5 of 6 03/30/07 9. Draft Development Agreement 10. Conservation Easement 11. Draft Declaration of Covenants for Tii Gavo 12. Final Plat/Landscape and Tree Preservation Plan/ Final Plat/Grading, Erosion Control, Drainage, Wastewater Collection and Treatment Plans (Bound Document) Contact(s): Roger Tomten, Putman Planning& Design, (715) 381-8291 Richard Thompson, TKDA(651)292-4474 Tom Peterson, Bonestroo (651) 604-4868 David Hebert, City Attorney(651) 464- 3397 Prepared by: Anne Hurlburt, Administrator(651) 433- 2274 (tii gavo) Page 6 of 6 03/30/07 TKDA • ENGINEERS•ARCHITECIS•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 ECRIED Hudson, Wisconsin 54016 !� Re: Tii Gavo Final Plat Submittal NAIL ® 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, Richard E. Thompson, AICP City Planner RET:cme cc: Ms. Anne Hurlburt, Administrator David Hebert, Attorney Tom Peterson, Engineer HEBERT AND WELCH, P.A. ATTORNEYS AT LAWTOWN SQUARE p \� (� 20 NORTH LAKE STREET, SUITE 301 �EC�tl ® �"° FOREST LAKE,MN 55025 Phone: (651)464-3397 MAR O _ 6 2t;U 07 Fax: (651)464-8664 h1 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:Ip cc: Anne Hurlburt (with enclosure) 2 A f c ✓ f s ,r. J Memorandum .' Boriestroo 2335 Highway 36 W To: Tom Peterson Project: Tii Gavo Date: 2-28-2007 St.Paul,MN 55113 From: Emily Resseger Client: The City of Scandia Tel 651-636-4600 Fax 651-636-1311 Re: Drainage Review File No: 000568-06132 www.bonestroo.com Development: Tii Gavo Developer: Big Marine Lake Development, LLC Engineer: Ayres Associates, Duluth Submittal: Drainage Calculations, Plans Plan Sheets: Grading and Drainage Date of Plans: 2-13-07 Date Received: 2-20-07 Summary of Recommendations Based on our review of the Tii Gavo development, we offer the following comments. Details on each recommendation are included in the following section of this memo. For ease of reference,the numbers of the recommendations listed below match the numbers of their detailed explanations, listed in the following section. 1. Wetland outlet elevations should be set at or above existing conditions. 2. A pipe outlet should be provided for basin 1-5. 3. Direct road drainage should be routed through a stormwater treatment device prior to discharge to wetlands. 4. Adequate rate control should be provided onsite. 5. A pipe outlet with skimmer structure should be provided for all water quality ponds. 6. The minimum allowable orifice size is 8". 7. A skimmer structure should be provided between basins F-1 P and F-1. 8. A rip-rapped emergency overflow(EOF)should be provided for all stormwater basins. 9. Show NWL and HWL for wet sedimentation basins on plans. 10. Wet sedimentation basins should have minimum mean depth of 4'. 11. Drain tile should be added to infiltration basins. 12. An agreement should be drawn up between the homeowner's association and the City to assign liability if the alternative stormwater management features onsite fail. 13. A 101 bench should be included in each wet sedimentation basin. 14. Maintenance access should be provided to all stormwater basins. Drainage Review Details As requested, the Tii Gavo development has been reviewed for compliance with the requirements and standards of the City of Scandia. Details regarding our findings and recommendations follow below. Background The approximately 154 acre development site is located just north of Big Marine Lake, bordered by Lakamaga Trail North and Rasmussen Pond on the north and Newgate Avenue North on the east. Under existing conditions, 75.5 acres of the site drain north to Rasmussen Pond and adjacent wetlands, before discharging to Big Marine Lake; 3.8 acres drain west into a wetland before discharging to Big Marine Lake; and the remaining 74.7 acres drain directly into Big Marine Lake. The site is currently a mix of woods, meadow, and wetlands. 29 large residential lots and associated infrastructure are proposed, which will be treated by a combination of wet ponds, infiltration basins, and rainwater gardens. Drainage The submitted plans were reviewed for drainage. Recommendations follow below. 1. Wetland outlets should be set at or above existing outlets to allow for proper wetland function. The outlets for the following wetlands should be adjusted: a. Wetland D: A pipe outlet should be provided under the proposed road discharging to Rasmussen Pond set at or above the existing outlet elevation of 951.7. b. Wetland M: A pipe outlet should be provided under the proposed road discharging to Wetland D set at or above the existing outlet elevation of 953.7. c. Wetland B: The pipe outlet should be raised above the existing outlet elevation of 950.5. 2. A pipe outlet should be provided under the proposed road for basin 1-5 in case the basin fails to infiltrate. 3. Direct road drainage should be routed through stormwater treatment devices prior to discharging into wetlands. The following road sections should be adjusted: a. The portion of Meadowridge Trail North shown discharging directly into Wetland H. b. The portion of the Shared Drive North shown discharging directly into Wetland D. Water Quantity The submitted hydraulic calculations were reviewed. A summary of recommendations and modeling results follow below. 4. Proposed flows at the site borders should be held to the existing 2-, 10-, and 100-yr storm event flows. These flows will be calculated assuming no infiltration and with all basins starting at their overflow elevations in case the basins fail to infiltrate. Additional rate control will need to be provided onsite. 5. A pipe outlet with City approved skimmer structure should be provided for all water quality ponds. Submerged pipe outlets are discouraged because of concerns about plugging. Details for two approved skimmer structures are attached. a. A skimmer structure outlet should be provided for Wet Pond W-3. 6. The orifice shown in the outlet structure to W-2 is not allowed because it is likely to clog with debris. The minimum orifice size acceptable to the City is 8". An orifice should be included in the outlet structure as shown in one of the two attached figured. 7. Because of the large amount of direct impervious drainage to basin F-1 P, a skimmer structure should be provided between the pre-treatment basin F-1 P and basin F-1 to prevent plugging of the basin. 8. A rip-rapped emergency overflow (EOF) should be shown for all stormwater basins, including between plunge pools and infiltration basins. The following basins require a riprapped EOF: a. 1-17 b. F-1P 9. The NWL and HWL should be indicated on the plans for all wet sedimentation basins. Summarized in the table below are the results from modeling the peak flows for existing and proposed conditions. Both existing and proposed conditions have been modeled with pond, infiltration basin and wetland water levels starting at their overflow elevations in case these basins fail to infiltrate. For that same reason the infiltration and filtration basins have been modeled assuming no infiltration. The impervious area associated with homes and their driveways have been included in the proposed conditions model. The proposed individual homesite raingardens have not been included in the model because it is assumed these raingardens will not provide any rate control for these storm events. Location Existing Conditions (cfs) Proposed Conditions (cfs) 2-yr 10-yr 100-yr 2-yr 10-yr 100-yr (2.8") (4.2") (5.9") (2.8") (4.2") (5.9") To Rasmussen Pond 3.0 20.3 55.1 6.1 27.1 64.1 To Wetland I 0.8 4.4 10.7 1.2 5.4 12.3 To Big Marine Lake 4.3 33.7 92.3 8.5 43.8 106.6 The proposed flows exceed existing flows in all cases. Water Quality The water quality features were reviewed and found to not meet the City's water quality requirements. A summary of recommendations follows below. 10. The three wet sedimentation ponds meet the NURP dead-storage requirement of runoff from a 2.5" rainfall event. However, the City also requires wet ponds meet the NURP standard of a mean depth (pond volume/surface area) of 4 feet. Because of their small drainage area, a mean depth of 3 feet will be acceptable for the wet sedimentation ponds. None of the ponds currently meet this standard. 11. Drain tile should be added to all infiltration basins because of concerns that the underlying soils may not infiltrate well. The drain tile should be set above the bottom of the basin so that some infiltration will occur as long as the underlying soils are infiltrating. If the underlying soils plug up, some water quality benefit will be obtained by filtration through the basin soil into the drain tile. Other Concerns 12. The standard stormwater management practice within the City of Scandia is the NURP pond. The City would like to encourage innovative stormwater management practices but is concerned that without proper maintenance, the alternative practices shown on this site (infiltration basins, filtration basins, grass swales) may fail and adequate stormwater treatment will not be provided. It is recommended that an agreement be drawn up between the homeowner's association and the City that if the alternative stormwater management practices fail, the City will install NURP ponds onsite at the homeowner's association's expense. 13. Wet Sedimentation Basin 3 should have a 10:1 bench provided and clearly indicated on the plans for the first foot of depth below the normal water surface elevation for safety purposes and to provide habitat for aquatic plants. 14. Maintenance access should be provided to all stormwater basins. 4'x3"x3/8" L OUTLET STRUCTURE NOTES: 1/2" ROUND BAR 2 STAINLESS 1. OUTLET STRUCTURE SHALL BE 1 ® 4 1/2" O.C. / " REINFORCED PRECAST CONCRETE. STEEL ANCHOR BOLTS 2. GRATING SHALL BE HOT DIPPED GALVANIZED AFTER FABRICATION. 3. ALL ANCHOR BOLTS StIALL BE 1/2"0 S.S. EXP. ANCHORS W/ 4 MIN. EMBEDMENT. 5" 5" TOP VIEW 3'-0" - - 3 " �- "x3"x3/8 L 2' 0 0 0_--- (3) 1/2" STAINLESS 5"--STEEL ANCHOR BOLTS 1/2" (9) 1/2" ROUND 4"--I -"- 1' —4 1/2" STAINLESS RS ® 4 1/2" O.C. STEEL ANCHOR BOLTS 2 each 1/B" Thick side Galvonized 2' o 0 o Steel Plate GRATE DETAIL SKIMMER DETAIL NOT TO SCALE NOT TO SCALE Top of Pond Berm See Grate detail-\\ 10-yr HWL U X" Dio. Opening F.E.S w/trash guord See Skimmer detail� 14. 18" RCP Max. (Cl. 5) NWL y Bench 1 / Storm Water 10:1 �`=:��SP 2' 2'x3' Precast Box Pond ��' Cl. II Rip Rap 12" Depth 6" -5" With Geotextile Separator t•' 4" Fabric 6" CLEARANCE L6" Precast Base Fill With 1' Concrete STORM WATER POND OUTLET STRUCTURE NOT TO SCALE (Last Revision:' Bonestroo STANDARD DETAILS March 2005 Rosene ader/ik� POND OUTLET SKIMMER STRUCTURE BRA Plate Nod Associates STO-29, Engineers fl Architects C ,(City Plate Not St. Paul, Minnesota J\STO-292) 2"x6" keyway cost into wall by supplier Baffle wall A constructed in field by 1 2.5' 1 2.5' contractor / ON J-v.= xxx.x __ xx" Dia. hole ,/,,���,I=� i�liplIll xx" 0 hole in in baffle wall Oi!!u , ���!! ��.. ilI...•�I..uI,ill Emma. baffle wall %j��11 ��°� I-v.= xxx.x ISM 4.5 x1.5 �j�ikPi ig ....� additional #4'S Rect. opening � � ::�::J x 4 0 long umiop.p #4 © 12" For grate A 111.ra1 horizontal design see i•inil Plate Hole for lev.= xxx.x IIII U 5006.1 xx" RCP SKIMMER © 12" vertical GRATE SECTION A-A CONCRETE BAFFLE WALL xx" dia. hole in baffle wall 1 ' Elev.=xxx.x Elev.=xxx.x / Outlet (NWL) i 1 Hole for xx" Dia. RCP Elev.=xxx.x 0.5' 4.5' X 1.5' T min. opening j 1 3/4"-2" Clear Rock 0.5y-, ; 1' 12 CY Elev.=xxx.x 0!i►�' Class 3 " .:. ... ... . ... ..... .. 6 -. - .:. ,, . .0 Note: When baffle wall height Riprap - - - is greater than 3' above the 5' Dia. outlet pipe invert the following manhole shall be required. 6" aggregate backfill 1 . Steps (MnDOT Spec. 3149H Mod.) 2. 6' Dia. MH TA Bonestroo SKIMMER 0 Rosene WITH CONCRETE Anderlik & Associates . Engineers&Architects BAFFLE WALL FE/LSET D_TE July 2000 F' TE 5006.2 FILE r] I:1E. i Memorandum'Bonestrofl 23To: Brad Scott Project: Tii Gavo Date: 3/12/2007 St.P Highway 36 W St.Paul,MN 55113 From: Tom Peterson Client: City of Scandia Tel 651-636-4600 Fax 651-636-1311 Re: Engineering Review File No: 000568-06132-0 www.bonestroo.com Remarks: We have completed the engineering review of streets, storm sewers, sanitary sewer and drainage for the Tii Gavo Development Plans, and have the following comments/revisions: 1. Sheet 1 b of 9: Note 1 of the infiltration basin is calling out a fertilizer which has phosphorus. The fertilizer should be phosphorus free. 2. Sheetl b of 9: Provide clearer information on the type of seed mix to be used for the restoration of ditches and areas behind the curb. 3. Drawing TAB02: Table D; Change aggregate shoulder material to Class 5 lime rock. 4. Drawing No. TAB03: Table G; Subsurface drains have been eliminated in most areas. See note 16. Instead, provide occasional select granular connections(at low points)from the road to the ditch. 5. Drawing No. DO7: Section B-B topsoil should also be placed on the sideslopes and then seeded. 6. Drawing No. PP01: At the new street connections to Lakamaga Trail and Newgate Ave, the existing pavements must be sawcut and milled to provide a smooth transition.- 7. Culvert at 7+50 is too shallow. The bells of the 12" RCP will be about 6" below the final top of bituminous at the edge of the road, which is into the aggregate base material. Lower a minimum of 6" to provide 1' of cover. 8. The end of the C &G at 8+70 and 11+75 will need bituminous flares or flumes for 1 to 2 feet off the end of the curb, then riprap to the bottom of the ditch. 9. Culvert at 14+45 is too shallow. The bells of the 18" RCP will be about 5" below the final top of bituminous at the edge of the road. Lower a minimum of 7" to provide 1' of cover. 10. Culvert at 16+15 is too shallow. The bells of the 18" RCP will be about 4" below the final top of bituminous at the edge of the road. Lower a minimum of 8" to provide 1' of cover. 11. On Meadowridge Lane, sta 103+50, drainage on the east side will be trapped. Please resolve this. 12. Culvert at 109+75 Meadowridge Lane is too steep(24" @2.50% will have velocities over 10 fps). May need a larger pipe at a flatter grade. to reduce water velocity and potential for erosion. 13. Culvert at 111+55 Meadowridge Lane is too shallow. The bells of the 12" RCP will be about 7" below the final top of bituminous at the edge of the road. Lower a minimum of 5" to provide 1'of cover. 14. Meadowridge Lane Circle-the end of C &G at 604+89 will need a bituminous flume and riprap to prevent erosion from 100' of curbing at 4.4%. 15. Intersection of Meadowridge Lane Circle and large circle- NE corner. This is a low point- move PCB-109 20' south so it will be at the low point. Change T/C from 960.99 to 960.0. 16. In all locations where there is curb and gutter(no ditch), install 4" perforated PVC drain tile per your detail on sheet TS01. Connect drain tile to new structures. 17. In several locations, it appears the new pressure sewer is shown very close to large trees designated to be saved. Meadowridge Lane Circle at the start of the CDS, Meadowridge Trail-300' east of Meadowridge Lane, etc. 18. Sheet PP07, the stationing along the bottom should be 300, not 200. 19. Sheet SG04- Meadowridge Lane at Meadowridge Trail. Recommend the following changes to the storm sewer: Add a catch basin at 101+50. Keep CB105 in it's current location. Move CB 104 to the low point at sta.19+35. Have both storm pipes drain to this new CB and extend one pipe into the pretreatment basin (probably a 24" RCP). 20. Sheet 5G04. Meadowridge Trail. Change culvert from W-1 to PMH 103 from 0.00% to 0.50%. The 18" under the road at 1.77% has full flow velocity of 8 fps. Reduce this pipe grade or increase the pipe size and flatten the pipe grade. 21. Sheet EC05 and SG03- need a bituminous flume and riprap at the end of the C & G at sta 25+50. 22. Sheet SG03. The 24" RCP culvert at 32+40 is shown at 0.00%. This pipe should flow west, so make it 0.50%. Can an 18" at 0.50% be used? This would help with cover. 23. Sheet SG06. Culvert at 34+00 is shown at 0.00%. This pipe should flow northeast, so make it 0.50%. 24. Sheet WW01. Recommend paving the access/service road to the wastewater treatment facility. Otherwise will get gravel over the curb and into the paved street. Recommend installing a tree line buffer on the south side of this road since 1" house pad south is only about 100' away from the septic tanks and control building. 25. The interim plans from October, 2006 show an 18" RCP at sta. 117+30. This pipe will need to be removed and replaced with 2-36" span RCP arch pipes, per the new plans. 26. Sheet SG04, left side of page. Lot 1 LFE 953.6 conflicts with sheet SG02 (LFE 950.0). 27. Tii Gavo Plat. Sheet 2 of 11 and 4 of 11 show "Meadowridge Circle North", but the grading and erosion control plans show "Orchard Loop". 28. In 2006, it was stated there would be a central water system, with one or two large wells and water main piping to provide water to the 37 proposed homes/buildings. There is no provision for water mains in this set of plans. Please explain. 29. On January 31, 2007, I replied to Roger Tomten's email regarding tree planting in the city right-of-way. The large specimen trees that were saved to construct the new road are fine to stay in the road right-of-way, but as I stated in my email, new trees to be planted along the roads must be a minimum of 17' from the edge of bituminous pavement. Please call me at 651-604-4868 with questions AVRES MEMORANDUM ASSOCIATES To: City of Scandia and Big Marine Lake Development, LLC From: Tom Pfeffer, PE (Storm/Roads) and Dan Bigalke, PE (Wastewater) Date: March 19, 2007 Project No.: 81-0158.90 Re: Tii Gavo on Big Marine Lake City of Scandia - Final Plat/Plan Review Comments This memorandum summarizes our response to City of Scandia review comments related to the Final Plat Submittal for the proposed Tii Gavo Development on Big Marine Lake. Given our limited role in the project, this memorandum only addresses pertinent comments related to storm water design, roadway design, and wastewater design. Responses to TKDA Planning Review letter dated March 1, 2007: Item 3 — Storm sewer profiles are attached. A copy of the storm sewer profile information has been sent directly to the City Engineer as well, to expedite the technical review. Item 8 —We have worked closely with the Carnelian Marine Watershed District (CMWD) to develop the storm water design. We understand the CMWD storm water permit approval will be granted based on the final revisions incorporated in the storm water plans. Item 9—A copy of the MPCA wastewater permit approval is on file at Big Marine Lake Development, LLC. Item 10 —A final Wastewater System Operations & Maintenance [Technical] Manual will be prepared once construction is completed. Responses to Bonestroo Drainage Review memorandum dated February 28, 2007: Item 1 —We concur with the recommendations related to wetland drainage, We will work closely with the City Engineer to incorporate necessary revisions into the final drainage plans. Item 2 - We will work closely with the City Engineer to incorporate necessary revisions into the final drainage plans. Item 3 — In two very small areas, there would be negative wetland impacts if the treatment facilities were constructed to directly intercept storm water prior to entering the wetland. The storm water will flow through a wetland buffer providing some water quality treatment prior to reaching the wetland. We will work closely with the City Engineer to incorporate necessary revisions into the final drainage plans. Item 4 —The current storm water treatment design utilizes 16 infiltration basins, 3 wet sedimentation ponds, and 2 filtration basins to meet the City's requirements for storm water rate File: i:\proj\81\810158_90\plan review\final plat review responses_19mar07.doc Page 1 of 3 2701 W. Superior Street•Suite 110 • Duluth, MN 55806-1857 • 218.722.7131 • Fax: 218.722.7165 •www.AyresAssociates.com f control or the 2-, 10-, and 100- cont of on, amon year storm event. The input factors for the hydraulic calculations areg other things, the design infiltration rates which were determined by soils investigation and double-ring infiltration testing. The recommendation to revise the hydraulic model inputs ased solely on concerns that the basins may fail to i beunderstans that the homeowners' covenants l Pis assuming zero infiltrationno appears infiltrate, if they aren not of maintained. we water facilities ensuringrequire on-going maintenance of the storm the storm water facilities will infiltrate as designed. With maintenance, the current design does meet the City's written zero infiltration would result in a more conservative design. proper requirements. The assumption of Further, the recommendation to revise the hydraulicg home site rain gardens (and other treatment/detention model inputs assuming that the individual to be based on concerns thatd the soils may treatment/detention infiltrateividual e understand that the homeowners' covenants noti devices) are not functional also u individual storm water meownet ' ven to meet ifhe they are not maintained. o appears II requireh the design and maintenance of requirements. With proper maintenance, this assumption rate controland water quality treatment We will work closely appears to be conservative as well. willwor agreement thre-design City Engineer in the r to either helpsupport maintenanceny afire revisions into the final pent the development of the storm water treatment system and incorporate drainageplans. Item 5 - We will work closely with the City Engineer to in final drge plans. - We corporate necessary revisions into Item 6 the will work closely with the City Engineer to incorporate final drainage plans. P to necessary revisions into the Item 7 - We will work closely with the City Engineer to incorporate- necessary revisions Item 8 into the We will work closely with the City Engineer to incorporate final drainage plans. ate necessary revisions into the Item 9 - We will work closely with the City Engineer to final drge plans. We incorporate necessary revisions Item 10 - into the pllllans.work closely with the City Engineer to incorporate necessary revisions into the Item 11 — Installation of drain tile as suggested the rate runoff. will substantially reduce infiltration an infiltration rate of treatment basini co II enda i appears to be based solely on concerns thatdthe increase We understand that the homeowners' covenants towill ability to infiltratelrequire over on time ng maintenanceto lack maintenance. water facilities ensuring the storm water facilities will infiltrate water ance, thee current design does meet the City's of the storm mthe City Engineer to n desi incorporate necessary revisions C ty r as designed. With proper ty s requirements. We will work closely Item 12 — We understand that the homeowners' into the final drainage plans. y with the storm water facilitiesrsn ensuring he the storm water facilities the storm w water maintenance re covenants will require nfiltrate as going maintenance of requirements are included within Vtheill l Permanent tar ed. Many Y of Water I\nmi\Rao,.,.__ Treatment Operations and Maintenance Guideline. Additionally, we will provide technical recommendations for the wording of the maintenance agreement, if requested. Item 13 - We will work closely with the City Engineer to incorporate necessary revisions into the final drainage plans. Item 14 - We will work closely with the City Engineer to incorporate necessary revisions into the final drainage plans. Responses to Bonestroo Engineering Review memorandum dated March 12, 2007: Item 3— We will change the material specification for lime stone shoulder gravel to meet City specifications. Items 4 thru 16 - We will work closely with the City Engineer to incorporate necessary revisions into the final road construction plans. Item 17 — Pressure sewer lines will be installed by horizontal drilling to minimize or eliminate damage to trees. Item 18 thru 23 - We will work closely with the City Engineer to incorporate necessary revisions into the final road construction plans. Item 24 - We will work closely with the City Engineer to incorporate necessary revisions into the final construction plans. Cc: Tim Gile, BMLD Roger Tomten, PPD File 81-0158.90 is\proj\81\810158_90\plan review\final plat review responses_19mar07.doc 81-0158.90 Page 3 of 3 151G MARINE kri' �� PLITMAN LAKE DEVELOPMENT LLC • COMMUNITIES, NEIGHBORHOODS, HOMES, BUILDINGS, PARKS, SPACES, AMENITIES, IDENTITIES...PLACES • 21 March 2007 Ms. Anne Hurlburt, City Administrator • City of Scandia ® 14727 209th Street IAA 2 Scandia Minnesota 55073 1007 CITY OF SCANDIA Dear Ms. Hurlburt, This document summarizes our responses to comments made by the City of Scandia consultants. We have received comments from the City Attorney, the City Planner, and two comment sheets from the City Engineer. Our responses to the comments from the City Attorney are included in an attached document from Mark Hamel of Dorsey and Whitney. Our responses to the comments from the City Engineer are included in an attached document from Ayres Associates. Our responses to the comments from the City Planner are included in the remainder of this memo. The numbering of our responses relates directly to the numbering of the comments from the City Planner. We feel that this completes the requirements set forth for the Final Plat approval, and respectfully request that we be placed on the April 3rd, 2007 agenda for the joint Planning Commission and City Council. Please let us know if there is any additional information you may need. Respectfully submitted, Roger Tomten Design Assoc. Putman Planning and Design cc: Mark Sandercott,Big Marine Lake Development,LLC LANDSCAPE ARCHITECTURE, LAND PLANNING, RESIDENTIAL, MIXED-USE, CIVIC & DESTINATION DESIGN, GRAPHIC DESIGN METRO OFFICE: 502 SECOND STREET, HUDSON,WI 54016 • (7151 381-8291 • FAX (7151 381-6829 •1••7 • ' _:S •_ D. •SO ♦ • - Al - I •EPUTM. .•N G• __ .. G . Ou • A AWE - • P •N.I •N••ES G COM The numbered paragraphs below represent the comments from Richard Thompson, City Planner,TKDA, dated March 1, 2007. 1. The Development Agreement must meet City standards per the City Attorney. A revised Development Agreement must be submitted. We have reviewed the comments of the Attorney, and have attached our response. 2. Escrow of$7,000 must be submitted. Please find the check attached. 3. Profiles of all new culverts and storm sewers must be submitted. Ayres Associates submitted the information via e-mail on March 7`h, 2007. Copies of the documents are attached. 4. The Homeowner's Association Open Space Management Plan must be submitted to the City for review and approval. The City has not yet received this document. Please find the document attached. 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. The Plans referenced indicate that the building line is beyond the Big Marine Lake Ordinary High Water level setback of 100 feet. The plans also show that the eave of the building projects into the setback. This, however, is allowed in the Scandia Development Code, Chapter 2, Zoning Regulations, Section 9.1, Par. 6. Permitted Encroachments into Required Setbacks (see attached pages). We have been aware of the 100-foot building setback requirement from the beginning of the design process. We are working closely with Landmark Surveying (Bill Seib and Joel Anez) to ensure that the setback is staked and identified on the site. In fact, both the setback line and the building footprint will be staked on the site in the next day or two. 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. The approval and permit for the channel work was granted on August 10th, 2006. The City is shown as receiving a copy of the permit. We have attached another copy for your records. The work on the channel was started February 13`h, and completed Feb 215`, 2007. As weather permits, the final stages of the work, the as built surveying, the placing of the buoys, etc. will be completed as per the conditions of the permit. 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. Attached you will find the Trail Plans, which address the locations of the boardwalks and docks. 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. A copy of the permitting status is attached. 9. Documentation of approval of the community wastewater system from Washington County Department of Public Health and Environment must be submitted. A copy of the State Disposal System permit is attached. 10. Maintenance and management practices for the wastewater treatment system must be submitted as part of the Covenants. Maintenance and management practices for the wastewater treatment system are found in Article IV, ASSOCIATION DUTIES, Section 5. A more complete list of practices can be found in the MPCA permit. 11. Plans showing the size, placement and design of the accessory storage buildings must be submitted. As we stated, the buildings will be built on a demand basis. The illustrations represent a concept layout only, with a representative photograph of a similar style building. We will not be designing the structures prior to the Final Plat, however, the design of the structures, and the site layout of the lot will need approval from the Design Quality Committee as well as the Carnelian Marine Watershed District. 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. This has been added to the Covenants. The document is attached. 13. The City received your letter dated February 2, 2007, regarding parkland dedication. This item was negotiated with the City on March 14th, 2007. A copy of the minutes of the meeting is attached. 14. The Final Plat submittal does not reference the planned community water system . . . This item was discussed with the City on March 14th, 2007. A copy of the minutes of the meeting is attached. .�k 4 tljal ' 1 olOeleilliT fr j)Jr! r) NNG •'r I - Mi: r IAivat *' , ,-•._ F,SCAtvr! • COMMUNITIES, NEIGHBORI IOODS, HOMES, BUILDINGS, PARKS, SPACES, AMENITIES, IDENTITIES „PLACES • " � '` , 15 March 2007 ._ On Wednesday, March 14, 2007,Tim Gile, Superior Land Preservation, Dennis Seefeldt, Mayor of Scandia, Delores Peterson, Scandia Board Member,Anne Hulbert, City of Scandia Administrator, and I met to review issues relating to the Final Plat Application of Tii Gavo. The following items are noted; 1. The main reason for the meeting was to resolve issues relating to the Park Dedication. I provided a summary of the previous discussions with the Town Open Space Subcommittee and the rationale of the proposal submitted with the Preliminary and Final Plat. Dennis indicated that the City policy for Park Dedication is to receive 7% of the land, or$1,500.00 per lot, or a combination of land and cash at the Township's discretion. This represented a departure from our understanding of 7% of land, or cash in lieu of land ($1500 per lot). After further discussion it was determined that the trail easement as shown on the Preliminary Plat would be acceptable, along with the $1,500.00 fee per lot. It was further noted that improvements to the public trail system, in terms of parking areas, signs, grading or surfacing, would only be pursued by the City once connections of the trail system to the north were completed. 2. There was a discussion of the phasing proposed and how it was determined. It was noted that the recent downturn in the economy led the development team to evaluate options that would reduce the carrying costs for the early stages of the development. Phasing of the lots (delaying when eight of the lots would come on line for sale) is proposed while maintaining the following elements of the plat. a. All of the road and stormwater grading will be completed in the first phase. This allows the entire site to function properly according to the design of the stormwater management system. The base and rough grading of Meadowridge Trail between the intersections of Meadowridge Lane will be completed. The future road area will be dressed with topsoil and seeded in lieu of installing the bituminous paving. b. Road connections and through traffic will be retained. No traffic dead-ends or additional "temporary"cul-de-sacs will be created by the phasing. c. All open space for the entire development will be deeded in the first phase. d. Outlots I, J and K will be subdivided in the future following the lot configuration illustrated in the Preliminary Plat. [See attached illustration of the Plat.] 3. The history of the development's domestic water system was discussed at length. It was indicated that research on Community Well costs took place between the original Preliminary Plat meeting (July 11`h, 2006) and the meeting in which the Plat was approved (September 5th, 2006). Quotes we received for one Community Well serving all the lots in the project made it financially unfeasible. The large dollar elements of the system included the extensive distribution system, the State Permitting requirements and the requirement for three-phase power. It was noted that the proposal for one community well was modified to private shared wells at the second meeting (September 5th, 2006) when the Preliminary LANDSCAPE ARCHITECTURE, LAND PLANNING, RESIDENTIAL, MIXED-USE, CIVIC & DESTINATION DESIGN, GRAPHIC DESIGN METRO OFFICE:502 SECOND STREET,SUITE 301, HUDSON,WI 54016•(715)381-8291 •FAX (715)381-6829 STUDIO:724 RIVERSIDE DRIVE, N. HUDSON,WI • EMAIL: INFO@PUTMANPLANNINGANDDESIGN.COM • WEB:WWW.PUTMANPLANNINGANODESIGN.COM P LIMILAN PiA Page 2 of 3 Plat was approved. It was further noted that while the drawings indicated the revision, and I recalled discussing the item, minutes from the meeting did not specifically note this discussion. The minute's only reference the final list of conditions, which indicate that the "County is to approve the design of the Community Wastewater System and well."The current proposal is for private shared wells. This means that each well would be privately owned, eliminating the need for a State Permit process, and shared with as many adjacent neighbors as is feasible. This would allow us to continue to emphasize what we see as the three important goals; efficiency of use, minimization of tree disturbance in servicing the homes, and minimizing aquifer penetrations. 4. It was determined that an arrangement can, and should be made between the Home Owners Association and the City regarding the maintenance of the road right of ways. It was indicated that the ditch sections or grass swales of the roadways represent an important component of the sites stormwater system and that a maintenance approach of frequent mowing would be counterproductive to the system. The Cities concern is focused more on the potential growth of unanticipated overstory trees within the ditch section or right-of-way. The City could review the maintenance plan of the stormwater system and sign off on it as it relates to the ditch sections. 5. It was clarified that the Final Plat does, by ordinance, need to go before the Planning Commission and the Board. If all loose ends regarding the Plat (City Planner, City Engineer and City Attorney comments) are responded to prior to the end of next week (March 23`d), the Final Plat could be reviewed at the April 3rd meeting. Please respond if there are additions or corrections to the summary above. Respectfully submitted, Roger Tomten Putman Planning and Design,Inc. COMMUNITIES , NEIGHBORHOODS , BUILDINGS , PARKS & S P A C E S : STRATEGIES, PLANNING, DESIGN, CRITIQUES, IDENTITIES, AMENITIES, MARKETING FACILITIES/TOOLS METRO OFFICE:502 SECOND STREET,SUITE 301,HUDSON,WI 54016•(715)381-8291 •FAX (715)381-6829 STUDIO:724 RIVERSIDE DRIVE, N. HUDSON, WI • EMAIL: INFOBPUTMANPLANNINGANDDESIGN_COM • WEB:WWW.PUTMANPLANNI NGANDDESIGN.COM Page 3 of 3 , 11/I i i 0 14 1'1 0,'''-' itfittfiltitlItittlfitittitit 1 .. • ..,2. '-‘,. , Iftt f ,_ ,- --' .-- it:tAttctill;.t.1.1,tit I - t.;•-; , , ; !ill./ V.!!!kl!!!!!!!!!!IMIV!!!!!! .•4,,..-_± . ...,..-.- . . -,_. ., „„,, ! . . 3 I . .,n. ) -"•••'—'.." —^.----•-.—.„__,A3.laa..„_„...„. ...., 64.3 N.., is' 17•••••. ".•••••i . ''t• i 0.....,_...,\. I/ ,' ( . ., h, a " -41 , i- - --, k 'two .- ,_ ..., ;\ - :y i ,,_ _.,-,---_,_. . - \ . \>0 [ i , ..._ dr ea•or 1 k....,:`..,...,-"-::::7:1:: "---N''''-'/' %,,e;.<"I.)(' .r 1/4. 1 i ,•,_,.. 4/11'. a / _, pi\ i II • 1 I / .7 , • •.,- i I L1,71,7--, i i 4 - /. I-: / , t ---- -- [ . i I• ' 1 -.,. , I - N'lf., 1 AA :. '.., ..V:\ i L „ 1 i ,,.. ......,:i..-:_ ,k) 7 -- \- ? 7.' -NJ- !r r. /'- , . _ _ i. if 1:—)i'l i -„,; ..z.--,,i _ - , / .t ...,0 cti " 1 4 r 1 z Cr: 1444, f-. Outlots I, J & K to be platted in a later phase, according to the Preliminary Plat. Carnelian-Marine Watershed District • Scandia Plaza II, 21150 Ozark Ave. P.O. Box 188,Scandia,MN 55073 March 19, 2007 Anne Hurlburt, Administrator City of Scandia • 15727 209`h Street No. P.O. Box 128 4 ' 0 Scandia, Minnesota, 55073 /2OO7 1 ciTy Re: Update on CMWD Permit Review Status for Tii Gavo Major b� ,i • Big Marine Lake Subwatershed Management Area 0i9 CMWD Permit No. 06-019 Dear Ms. Hurlburt: Mr. Tim Gile (Big Marine Lake Development, LLC) requested that we provide Scandia the following update on the status of the CMWD Permit Review for this development prior to their Friday March 23, 2007, submittal deadline: • We have met on several occasions with the developer starting at the initial concept phase. Developer has been very receptive to addressing CMWD concerns and suggestions. To date the CMWD has received a complete permit application and supporting documentation on which we based our initial review memo comments dated January 11, 2007. (The City was provided a copy of that memo). The Board adopted the Engineers recommendation to authorize the Engineer to issue permit once revisions have been made to address the Review No. 1 comments to the satisfaction of the CMWD Engineer. • On March 13, 2007, we received a new submittal responding to our January 11, 2007, review memo. We are currently in the process of completing our review of this second submittal and expect to have comments and recommendations by the April 2, 2007, CMWD Board Meeting. We will copy the City with that review memo. The CMWD is very supportive of the low impact conservation development as proposed for this site and believes that if implemented as proposed it can be a standard for other developments to follow. The CMWD has also spent a significant amount of time and expense into the review of this development as many of the low impact management techniques proposed are not typical to those used in a standard urban development. To obtain the benefits of the desired low impact development the CMWD has needed to be flexible with its existing requirements, focusing on protection of the resource involved. For example the CMWD has allowed the use of individual raingardens to provide the stormwater management for the individual residential structures. By making this allowance building sites can be located where they fit into the existing topography and the site does not need the additional infrastructure and mass grading to bring the stormwater runoff from the homes to a central drainage facility for quantity, quality and rate control treatment. Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller 430-2793 433-5461 439-7385 439-8266 433-4042 CMWD - (Tii Gavo 06-019) 07/07/2006 Page 2 The District has also focused on its volume control requirement of restricting discharge volumes for the 2-yr and 10-yr 24-hr storm events to that of pre-settlement conditions to protect the many resources of this property from excess stormwater flows. In order for the developer to design a system that can meet this standard they needed to design a system that removes the excess runoff through infiltration and evapo-transpiration. When deciding to allow infiltration as a primary means of disposing of stormwater runoff(and when determining rate control) the CMWD also considered the benefits and safety factors provided in the current design of the development such as: No individual ownership of the entire shoreline (protected by easement); significant buffers around lakes and wetlands; significant areas of dedicated native open space that exceed the buffer widths; redundant grass treatment swales (benefits not included in design computations); proposed impervious area of only about 7.6% (shoreland ordinance allows upto 25% impervious without a variance); stringent landuse and building requirements incorporated into the Homeowner's Agreement. This project should result in a much more desirable development than the mass grading type of development that is often seen in urban residential developments. The project will also probably result in some changes in CMWD rules to better accommodate low impact conservation type developments. We understand that the City Engineer has some concerns about allowing the use of infiltration practices (similar to our typical concerns for a typical urban development). We have requested that the developer setup a meeting with the Developer's Engineer, CMWD Engineer and Scandia Engineer to review and resolve some of these concerns. We would also suggest that Jay Riggs at the WCD be included in this meeting as an additional resource. Please feel free to contact me at (651) 770-8448 if you have any questions or need additional information on the CMWD permit for this development. Sincerely, Daniel A. Fabian, P.E. CMWD Engineer Cc: Tim Gile, Big Marine Lake Development, LLC John Bower, CMWD Board Member Steve Kronmiller, CMWD Board Member Richard Bohrer, CMWD Board Member Richard Thompson/Berry Farrington, TKDA, Township Planner Tom Peterson P.E., BRA, Scandia Engineer Jay Riggs, WCD CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT TII GAVO THIS AGREEMENT (this "Agreement") made and entered into this day of day of March, 2007, by and between the City of Scandia, 14727 209th Street North, Scandia, MN 55073, a Minnesota municipal corporation (hereinafter referred to as "City"), and Big Marine Lake Development, LLC, 21080 Olinda Trail North, Scandia, MN 55073 (hereinafter referred to as "Developer"). WITNESS: WHEREAS, the Developer has submitted a Preliminary Plat (the "Preliminary Plat") and Planned Unit Development (the "PUD") for a major subdivision and development of approximately 153.99 acres into 37 single-family residential lots to be known as "TII GAVO" (the "Project"); and, WHEREAS, the City intends to grant Developer final plat approval for the final plat (the "Plat") for the first phase of the Project, consisting of 29 single-family lots; and WHEREAS, it is the policy of the City to enter into development contracts as described in Minnesota Statutes Sec. 462.358, Subd. 2(a); and, WHEREAS, the parties desire to set forth the respective rights and obligations of the parties to this Agreement with respect to the development. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties as follows: 1 1. a) Letter of Credit for Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, furnish to the City one Letter of Credit in the sum of $20,000.00 to be held and released by the City, as provided in Section 5 (d) as security for the payment of the costs of compliance with the approved Landscape and Tree Preservation Plan. b) Deposit and Payment for Costs Incurred by City. Contemporaneously with the execution of this Agreement, Developer shall deposit with the City the sum of$10,000.00 as a cash escrow to cover the costs of the City Engineer, City Attorney and City Planner for preparation of this Agreement, review of subdivision and contract documents and final construction plans, together with such inspection and administrative costs as may be incurred in connection with the Project. All reasonable administrative, legal and engineering costs incurred by the City in connection with the subdivision shall be documented in a form suitable for inspection by Developer and charged against said escrow account. Developer shall within ten (10) days after notice by the City Clerk replenish the escrow provided in this section in such amount as said Clerk deems reasonable based on verifiable obligations remaining to be completed pursuant to this Agreement. Any funds remaining in the escrow account after completion and acceptance of the Project shall be reimbursed to Developer. The City shall not be liable to pay interest on the funds held. Except as provided otherwise in the preceding paragraph, all costs reasonably incurred by the City in connection with the development of the Project shall be billed to Developer and paid by it upon receipt of an invoice therefor. The City may draw against the Payment and Performance Bonds or Letter of Credit for any amount remaining unpaid 30 days after receipt of the invoice. The Payment and Performance Bonds and Letter of Credit shall be maintained until 2 completion of Developer's obligations with respect to the Project and removal of all temporary soil stabilization and erosion control devices (such as silt fencing). After the completion of all obligations of the Developer, the Payment and Performance Bonds and Letter of Credit shall be released to Developer as provided in Section 5 (d). 2. Improvements. Developer shall construct the following described improvements for TII GAVO (collectively, the "Improvements") in accordance with the following plans prepared by the Developer's engineer and approved by the City Engineer: (i) Final Grading, Drainage and Erosion Control Plan dated , 2006; (ii) Final Street and Utility Plans dated , 2006, Final PUD and Plat Application Book dated , 2006; and (iv) Final Landscape and Tree Preservation Plan dated , 2006: a) Monuments. Within one year of recording of the Plat all lot and block corners and angle points which are identified on the Plat must be monumented with iron surveyor's pipes by Developer to assure proper setbacks within the lots. b) Public Improvements. Developer shall construct, pursuant to the approved plans, rural section bituminous public streets including grading, road bed preparation, subgrade work, bituminous surfacing, storm water controls, drainage systems, berms, swales and/or other storm water drainage and retention devices as required by such plans, for all streets shown on the Plat. c) Private Sanitary Sewer and Storm Water Management. Developer shall be responsible for the installation, pursuant to plans approved by the City, of private community sanitary sewer and treatment facilities, and storm water management infrastructure. 3 d) Other Private Improvements. Developer shall be responsible for the installation, pursuant to plans approved by the City, of electricity, telephone and natural gas installations for the Project. These items shall be installed underground in a common trench to the extent feasible (except for such appurtenant equipment related thereto as is normally installed above ground, such as transformers, meters and the like) and in the platted utility easements provided in the Plat. e) Landscape Requirements. Developer shall landscape the site in accordance with the approved Landscape and Tree Preservation Plan and the City Development Code. All plantings shall be maintained and, if necessary, replaced as provided in the City Development Code. f) Soil Stabilization and Erosion Control. Soil stabilization shall be employed throughout the Project to insure the integrity of the soils. Developer shall install erosion control devices as required by the Erosion and Sediment Control Plan approved by the City Engineer prior to construction startup or as shown on the plans, and such devices shall be removed or maintained at the discretion of the City Engineer until the City's final acceptance of the public and private improvements. Vegetative ground cover shall be installed as soon as reasonably practicable upon completion of any phase of site or lot grading. g) Traffic Signs. Developer shall install traffic signs at its own cost and expense and in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4 2.1 Completion of Improvements. Subject to Unavoidable Delays (as hereafter defined), all Improvements with respect to the Plat shall be substantially completed in accordance with the Grading Plan and the Utility and Street Plans on or before October 30, 2007, except that the bituminous wear course for the public streets shall be installed before September 30, 2008. 2.2 As-Built Plans. Developer shall furnish, at no cost to the City, at least two sets of as-built plans on mylar indicating the location of all utilities in place, said as-built plans to be in a form approved by the City Engineer who shall certify to the City that said plans correctly represent the location of the utilities as contracted. 3. Unavoidable Delays. The deadlines set forth in Section 2 and the dates for Developer's performance of its other obligations hereunder may be extended if Developer provides the City written notice of delays incurred by Developer due to causes beyond Developer's reasonable control, including but not limited to delays in material and equipment deliveries, labor or equipment shortages, weather conditions that interfere with completion of the Improvements hereunder (collectively, "Unavoidable Delays"). In the event of an Unavoidable Delay, the deadlines and dates for performance of Developer's obligations hereunder shall be extended for the period of the delay, provided, however, if such delays cause Developer to be unable to complete the Improvements due to cold weather or frost conditions, such deadlines and dates shall be extended until a date in the following year by which Developer, subject to road limitations and further Unavoidable Delays, can complete the Improvements. 4. Plan Preparation, Submissions and Approvals. a) Preliminary Plan Approvals. The Grading Plan has been approved and accepted by the City Engineer. 5 b) Final Plans for Public Improvements. The Developer shall provide the Utility and Street Plan to the City Engineer for final approval, consistent with the terms hereof. c) Landscape Plan. Developer shall submit the Landscape and Tree Preservation Plan to the City Engineer and the City Council for final approval. 5. Construction Warranty; Inspection and Approval; Financial Guaranty; and Maintenance Bonds. a) Warranty. Developer agrees to construct the Improvements at its own expense in accordance with the terms of this Agreement and the approved plans. Developer represents and warrants that the Improvements shall be guaranteed to be properly functioning as designed for two years following the installation of the wear course of bituminous surface with respect to the phase in question (the "Warranty Period"). Acceptance of each component of the Improvements shall occur after the expiration of the Warranty Period with respect thereto and formal motion of the City accepting such compenent of the Improvments; provided, however, if the City has not formally accepted any component of the Improvements within thirty (30) days after the expiration of the Warranty Period with respect thereto, the City shall be deemed to have accepted such component of the Improvements and assumed all liability for maintenance of such Improvements. It is understood that the City will perform snow plowing and any other normal City street maintenance after completion of construction and during the Warranty Period. If Developer requests and the City agrees to provide any snowplowing or other 6 maintenance prior to completion of construction, such plowing and maintenance shall be at the expense and risk of Developer. The City shall not be responsible for any damage to any improvements prior to completion of construction. Developer shall repair or replace any material or labor that is reasonably rejected by the City Engineer as defective or not in compliance with the approved plans therefor, to the reasonable satisfaction and approval of the City Engineer at the sole cost and expense of Developer, provided the City Engineer has given written notice of such defect or noncompliance, supported by technical evidence, to Developer prior to expiration of the Warranty Period. b) Staking and Inspection. Developer authorizes the City Engineer to perform inspection relative to the Utility and Street Plans and grants it a license to enter the Project to perform all necessary work and/or inspections until final acceptance by the City of all Improvements and expiration of the Warranty Period for the last of the Improvements. c) Acceptance of Improvements. Upon notice by Developer that any of the Improvements have been completed, the City Engineer will inspect in a timely manner the Improvements to insure that the Improvements were constructed in accordance with the approved plans and the terms of this Agreement. d) Financial Guaranty. To finance construction of the Public Improvements and secure Developer's obligations set forth in Section 2, Developer shall provide to the City a performance bond and payment bond (collectively, the "Payment and Performance Bonds") with a corporate surety in a penal sum equal to $ until the Public 7 • Improvements for the first phase have been accepted by the City and the Warranty Period has expired. To secure completion of the requirements of the approved Landscape and Tree Preservation Plan, Developer shall provide to the City an irrevocable letter of credit (the "Letter of Credit") in the sum of $20,000.00. If the Letter of Credit does not automatically renew, then at least thirty (30) days prior to the expiration of the Letter of Credit, Developer shall provide the City with a new Letter of Credit for a period of at least one (1) year beyond the expiration date of and for the same amount as the Letter of Credit then in effect or Developer shall be in default hereunder with no opportunity to cure, and the City may immediately demand from the surety the amount of the Letter of Credit then in effect. After Developer has completed the requirements of the approved Landscape and Tree Preservation Plan, the Letter of Credit shall be reduced to the sum of $10,000.00, which shall remain in effect until two full growing seasons have elapsed after the completion of all required plantings. If plantings have died within two full growing seasons, they shall be replaced at the expense of Developer. Any Letter of Credit provided under this section shall permit the City to draw upon the Letter of Credit immediately following any Developer default hereunder that is not cured within any applicable notice period and opportunity to cure by Developer and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. 6. Fees and Charges. In addition to those City costs for which the Developer is responsible pursuant to Section 1 hereof, Developer and City agree that Developer shall pay the following: 8 a) Recording Fees. All fees and charges in connection with recording this Agreement and the Plat with the County. b) Park Dedication. Developer shall satisfy the City's park dedication requirements (or fees in lieu thereof) with respect to the Plat by payment of the sum of $42,000.00 upon execution of the Plat ($1,500 per undeveloped lot). Developer shall satisfy the City's park dedication requirements (or fees in lieu thereof) with respect to the second phase by payment of the sum of $12,000.00 upon execution of the plat with respect to the second phase ($1,500 per undeveloped lot). 7. Permits: Approvals: and Certificates of Occupancy. a) Other Governmental Units. Upon execution of this Agreement, Developer shall promptly apply for all permits, approvals and licenses required from any governmental agencies as may be necessary for Developer's construction of the Improvements as herein contemplated, and Developer shall construct the Improvements in accordance with the requirements of all such permits, approvals and licenses and the legal requirements of such other governmental agencies. b) Intentionally Omitted. c) Building Permits. No building permits shall be issued for construction of a residence within the Project until the following conditions have been satisfied: (i) The Plat and this Development Agreement must be recorded with the County. (ii) With respect to the lot for which a permit is requested, the erosion control devices required by the approved drainage and erosion control plan must be substantially constructed, and all street improvements except the installation of any bituminous surface. 9 (iii) All other building permit requirements of the City's ordinances applicable to residential structures have been complied with, provided that in the event of any inconsistency between the terms of this Agreement and the terms of such ordinances, the terms of this Agreement shall control the building permit process for the Project. One building permit may be issued for the community building on Outlot D, TII GAVO provided that adequate access, approved by the City Engineer, to the lot from an existing public street is provided. d) Certificates of Occupancy. No certificates of occupancy shall be issued for a residence within the Project until utility/road improvements serving such residence are substantially completed (as reasonably determined by the City Engineer), except the installation of any bituminous surface. 8. Restrictions Applicable to All Lots. Following acceptance of the Improvements by the City, all residential lots within the Project shall be maintained and occupied in accordance with the following restrictions: a) Drainage Improvements. All wetland and drainage areas within public drainage easements (collectively, the "Drainage Areas"), shall not be filled, altered or disturbed without the prior written consent of the City. Grazing by' domestic animals shall not be permitted within the Drainage Areas. Notwithstanding the sale of any lot, Developer, the homeowner's association and their agents and contractors, shall have the right to enter upon the lots for the purpose of repairing the Drainage Areas and related drainage appurtenances. Additionally, the City, and its agents and contractors, shall have the right to enter upon any lot on which Drainage Areas exist for the purpose of inspecting and maintaining the same. In the event that any Drainage Areas on a lot have been filled, altered or to disturbed (any such event is hereafter referred to as a "Disturbance") without the prior written consent of the City and the same is not corrected within thirty (30) days after notice thereof by the City to the owner(s) of such lot, the City, and its agents and contractors, shall have the right to enter upon such lot for the purpose of performing work necessary to correct the Disturbance and repairing any damage caused by the Disturbance, and assess the costs thereof against the lot, provided, however, that in the event of an emergency, the City shall not be required to provide notice and an opportunity to the lot owner(s) to perform such necessary work, but may nonetheless assess the cost thereof to the lot. b) Improvements in Road and Easement Areas. Other than ground cover (grass) and driveways, no improvements shall be installed by any owners or occupants of lots in public or private road rights-of-way or in utility or drainage easement areas adjacent thereto that interfere with operation of the City's maintenance equipment (including snow plows) in such areas. c) Advertising Signs. All signs advertising the development of the Project and general sales of lots or residences within the Project (including lighting of such signs), other than standard single yard signs for sales of individual lots, must comply with the City's sign ordinances and policies and be approved by the City in advance of installation. d) Resubdivision. There shall be no subdivision of any of the residential lots within TII GAVO without the consent of the City. The Plat is approved under the open space provisions of the Development Code, which provide for a maximum density of 37 residential units. 11 e) Height Restriction. No structure on Lots 1, 2 or 3, Block 10 shall exceed 30 feet in height as height is defined as follows: the vertical distance between the highest adjoining ground level within five (5) feet of the building, or ten (10) feet above the lowest ground level within five (5) feet of the building, whichever is lower and the highest point of a flat or mansard roof or the average height of the highest gable of a pitched or hipped roof. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, agricultural silos, wind energy conversion systems, wireless communication antennas and towers and flag poles up to 45 feet in height. The height of a stepped or terraced building is the maximum height of any segment of the building. f) Storage Buildings. The maximum square footage of the storage buildings situated on Outlots C and H shall not exceed 23,000 square feet. g) Dockage. There shall only be one dock serving the Project for the seasonal mooring or storage of boats with a maximum number of nineteen slips. 9. Miscellaneous. a) Plat Recording. All applicable conditions of Final Plat approval must be met prior to the recording of the Plat. The Plat must be recorded with the Washington County Recorder within one hundred twenty (120) days of Final Plat approval unless reasonably extended or said approval shall be null and void. All financial requirements of the City shall be delivered to the City Clerk upon execution of the Plat. b) Conveyance of Lots. The Plat and this Development Agreement must be recorded with the Washington County Recorder's Office prior to Developer's transfer of fee title or a contract vendee's interest in any lot within the Project. 12 c) Homeowner's Association. Developer shall furnish to the City Attorney, for his review, copies of the Articles of Incorporation, Declaration of Covenants and Bylaws of TII GAVO. 10. Developer's Representations. a) General. Developer hereby represents, warrants, and covenants to the City that as of the date of this Agreement, the statements set forth in this section are true and correct. b) No Disability. Developer knows of no legal disability that would prevent it from carrying out this Agreement. c) Ownership. Developer owns marketable fee title to the Project (subject to mortgage and related financing instruments). d) Execution No Violation. The execution, delivery, and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which Developer is a party or by which it or the Project is bound. e) Litigation. There are no pending nor, to the knowledge of Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business, or operation of Developer or the ability of Developer to perform its obligations under this Agreement. f) Compliance. Developer will comply with and, subject to Unavoidable Delays, duly and promptly perform all of its obligations under this Agreement. 11. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and 13 inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the Project, and shall be deemed covenants running with the land, provided, however, that at Developer's request, after all of the Improvements have been accepted by the City and the Warranty Periods therefore have expired, the City shall issue a Certificate of Compliance, in recordable form, stating that the Improvements have been constructed and completed by Developer in accordance with the terms hereof and have been finally accepted by the City. No purchaser of an individual residential lot from Developer or such purchaser's heirs, personal representatives, successor or assigns shall be obligated to perform any of Developer's obligations under this Agreement and the residential lots purchased by any such purchasers shall not be burdened by this Agreement; provided, however, each residential lot shall be subject to the restrictions set forth in Section 8 above. 12. Title Evidence. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than 30 days prior to the execution of the Plat. 13. Insurance. Developer or Developer's Contractor shall take out and maintain until the Warranty Period has expired, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the work. Limits for bodily injury and death shall not be less than Three Hundred Thousand and no/100 ($300,000.00) for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage upon execution of this Agreement. The certificate shall provide that the City must be given ten (10) days advance 14 written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 14. Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of the negligent actions or omissions, intentional misconduct or default hereunder by Developer, its employees and agents, in connection with the Project. 15. Care of Premises. Developer shall keep the Project free from accumulation of waste materials, rubbish, and other debris resulting from the work and at the completion of the Project, it will remove and shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment, machinery and surplus materials and will leave the Project acceptable to the City. Developer shall not permit the tracking of significant amounts of soil from the site onto the adjacent public streets. Developer shall not be responsible for the acts or omissions of contractors involved in the construction of improvements on the residential lots, except for the Improvements. 16. Events of Default: Remedies. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (i) Subject to Unavoidable Delays, failure by Developer to commence construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement, within thirty (30) days after notice thereof by the City to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. 15 (ii) Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, within thirty(30) days after notice thereof by the City to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following actions: (i) The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. (ii) The City may initiate such action, including legal or administrative action, whether in law or in equity, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or recover any damages sustained by the City as a result of Developer's default hereunder. (iii) The City may immediately draw on the Letter of Credit and use the proceeds thereof to cure any such Event of Default or exercise its rights under this Agreement. (iv) The City may withhold building permits until the necessary corrective action is completed by Developer, except with respect to residential lots no longer owned by Developer. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF SCANDIA: By Dennis D. Seefeldt, 16 • Mayor By Anne Hurlburt, City Clerk 17 DEVELOPER: BIG MARINE LAKE DEVELOPMENT, LLC By Mark Sandercott, Chief Manager 18 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Dennis D. Seefeldt and Anne Hurlburt, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Scandia, who by authority of the City Council of the City of Scandia, did sign said instrument and acknowledge said instrument to be the free act and deed of said City of Scandia. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Mark Sandercott, to me personally known, who being by me first duly sworn, did say that he is the Chief Manager of Big Marine Lake Development, LLC, a limited liability company under the laws of the State of Minnesota, who by authority of the company did sign said instrument and acknowledge said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: HEBERT AND WELCH, P.A. 20 NORTH LAKE STREET, SUITE 301 FOREST LAKE, MN 55025 TELEPHONE: 651-464-3 3 97 FAX: 651-464-8664 EXHIBIT A 19 LEGAL DESCRIPTION OF THE PROJECT Lot 1, Block 1; Lot 1, Block 2; Lots 1 through 4, Block 3; Lot 1, Block 4; Lots 1 through 4, Block 5; Lots 1 through 7, Block 6; Lots 1 and 2, Block 7; Lot 1, Block 8; Lots 1 and 2, Block 9; Lots 1 through 6, Block 10; Outlots A, B, C, D, E, F, G, H, I, J and K; TII GAVO, Washington County, Minnesota. EXHIBIT B CITY FINANCIAL REQUIREMENTS 1. Payment and Performance Bond— 125% x $ $ 2. Landscape Letter of Credit $ 20,000.00 3. Costs escrow $ 10,000.00 4. Park Fees (first phase only) $ 42,000.00 Nte CONSERVATION EASEMENT l0Uf C/TY TII GAVO CFSCgND/q THIS CONSERVATION EASEMENT is entered into this day of 2007 by and among Big Marine Lake Development, LLC, 21080 Olinda Trail North, Scandia, MN 55073 ("Owner"); and City of Scandia, a Municipal Subdivision under the laws of the State of Minnesota ("City"). WITNESSETH: A. The City has approved a residential plat entitled TII GAVO with lots and blocks as described on Exhibit A, attached. B. Owner is the owner in fee simple of certain real property situated in the County of Washington, State of Minnesota described as follows: Outlots A, B, D, E, F and G, TII GAVO. C. Outlot A consists of 4.87 acres of land, Outlot B consists of 53.44 acres of land; Outlot D consists of 29.79 acres of land; Outlot E consists of 8.34 acres of land; Outlot F consists of.37 acres of land; and Outlot G consists of.68 acres of land. The land is herein referred to as the "Protected Land." The Protected Land shall be conveyed to TII GAVO Homeowners Association (the "Association"). All obligations and liabilities of Owner, as relates to the Protected Land in this Conservation Easement, shall be assumed by the Association and, upon such transfer, the Owner shall have no further liability therefore. D. The natural, scenic, forested, riparian and open space character of the Protected Land are herein referred to as the "Conservation Values" of the Protected Land. E. Owner intends to convey to the City the right to preserve and protect the Conservation Values of the Protected Land in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this Conservation Easement. F. The grant of this Conservation Easement will serve the policies of the State of Minnesota which encourage the protection of Minnesota's natural resources as set forth, in part, in Section 84C.01-02 (Conservation Easements), as well as the open space policies and requirements of the Development Code of the City. NOW THEREFORE, in consideration of their mutual covenants and pursuant to the provisions relating to conservation easements set forth in Minnesota Statutes Sections 84C.01-05, Owner conveys and warrants to the City and the City accepts a perpetual 1 conservation easement on the Protected Land of the character and to the extent set forth herein. 1. Intent. The parties intend to permanently retain the Protected Land in its predominantly natural and scenic condition and to prevent or remedy any subsequent activity or use that significantly impairs or interferes with the Conservation Values of the Protected Land. Owner intends to restrict all subsequent use of the Protected Land to activities consistent with the terms of this Conservation Easement. 2. City's Rights. To accomplish the parties' intent, Owner conveys the following rights to the City: A. The City may preserve and protect the Conservation Values of the Protected Land pursuant to the terms of this Conservation Easement. B. The City may enter the Protected Land at reasonable times to monitor subsequent activities and uses and to enforce the terms of this Conservation Easement. The City shall give reasonable prior notice to Owner of all such entries and shall not unreasonably interfere with Owner's use and quiet enjoyment of the Protected Land. C. The City may act, pursuant to Paragraph 18, to prevent or remedy all subsequent activities and uses of the Protected Land not consistent with the terms of this Conservation Easement. 3. Prohibited Uses. Owner shall not perform or knowingly allow others to perform acts on the Protected Land that would significantly impair or interfere with the Conservation Values of the Protected Land. This general restriction is not limited by the more specific restrictions set forth in Paragraphs 4-14. The parties acknowledge that the present use of the Protected Land is consistent with the terms of this Conservation Easement and the Owner may, subject to the restrictions set forth in Paragraphs 4-14, continue making such use of the Protected Land. 4. Residential, Commercial and Industrial Uses. Owner shall not subdivide all or any portion of the Protected Lands for residential, commercial or industrial development. Owner shall not subdivide, either legally or physically, the Protected Land for any other reason without the prior written approval of the City. Owner shall not engage in commercial or industrial activities on the Protected Land. Owner shall not grant rights of way on the Protected Land in conjunction with commercial or industrial activities or residential development on lands other than the Protected Land except as specified herein. 5. Construction. Owner shall not construct or install buildings or improvements of any kind including, without limitation, fences, driveways, parking lots and roads, on the Protected Land, except as specified herein and except that the community wastewater 2 treatment system/drainfield may be installed on Outlot D; and the community building and tennis court may be constructed on Outlot D as approved by the City in connection with the approval of the Plat of Tii Gavo. 6. Utility Systems. Owner may maintain, repair and replace existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel and communications lines and related facilities. Owner shall not install new utility systems or extensions of existing utility systems on the Protected Land including, without limitation, water, sewer, power, fuel and communications lines and related facilities, without the prior approval of the City except as needed to serve any additional uses, buildings and improvements permitted by the terms of this Conservation Easement. 7. Surface Alteration. Owner shall not alter the surface of the Protected Land including, without limitation, the filling, excavation or removal of soil, sand, gravel, rocks or other material except as reasonably required in the course of activities or uses permitted under the terms of this Conservation Easement or as reasonably required during the initial development of the adjacent property owned by Owner. Such initial development period shall expire no later than December 31, 2007. 8. Soil and Water Degradation. Owner shall not engage in activities or uses that cause or are likely to cause soil degradation, erosion or water pollution, either on the surface or underground. A vegetative buffer shall be maintained in a manner approved by the City over and across those portions of any lot in TII GAVO, within 50 feet of a wetland as shown on the plat of TII GAVO or such greater distance as is required by the Shoreland Management Ordinance of the City. Owner shall install signs designating the buffer boundary prior to the sale of any lot. 9. Waste Removal. Owner shall not dump or dispose of refuse or other waste material on the Protected Land except, subject to applicable laws and regulations, Owner or assigns may dispose of brush and other plant material from the Protected Land by burning or composting if such material results from activities or uses permitted by this Conservation Easement. 10. Water Bodies and Courses. Owner shall not alter existing bodies of water or water courses or construct new bodies of water or water courses on the Protected Land except as reasonably required for the activities or uses permitted by the terms of this Conservation Easement and for which Owner has obtained the prior written approval of the City. 11. Trees, Shrubs and Vegetation. Owner shall not remove, destroy, cut, mow or alter trees, shrubs and other vegetation except (i) to prevent or control insects, noxious weeds, diseases, fire, personal injury or property damage; and (ii) as reasonably required for other activities or uses permitted by the terms of this Conservation Easement. 3 12. Recreational Use. Owner may establish and maintain trails for fire breaks, walking, cross-country skiing and other non-motorized recreational activities on or across the Protected Land. Owner shall construct and maintain those private trails shown on the development plans for TII GAVO. Owner shall not use or allow others to use motorcycles, all-terrain vehicles or other motorized vehicles, except snowmobiles, on the Protected Land except as reasonably required for other activities or uses permitted by the terms of this Conservation Easement. 13. Signs. Owner shall not erect or install any signs or billboards on the Protected Land except for signs designating the activities or uses permitted by the terms of this Conservation Easement, designating the boundaries of or directions to the Protected Land, or restricting entry to or use of the Protected Land. With the prior written approval of Owner, the City may erect or install signs announcing that the Protected Land is subject to this Conservation Easement. For all signs permitted by this Paragraph, the location, number and design must not significantly diminish the natural and scenic qualities of the Protected Land. 14. City Approval. The requirement that Owner obtain the prior written approval of the City means that owner shall obtain the written approval of the City and is intended to let the City study the proposed use and decide if it is consistent with this Conservation Easement and maintains or enhances the Conservation Values of the Protected Land. Owner shall submit a request in writing to the City at least ninety (90) days prior to the proposed date of commencement of the use in question. The request shall set out the use for which approval is sought, its design and location, the impact of the proposed use on the Conservation Values of the Protected Land and other material information in sufficient detail to allow the City to make an informed judgment that the proposed use is or is not consistent with this Conservation Easement or would adversely affect the Conservation Values of the Protected Land. The City shall jointly notify Owner in writing of its decision within sixty (60) days of its receipt of Owner's request. The City may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Conservation Easement, impairs the Conservation Values of the Protected Land, results in violation of any applicable law or regulation or that it lacks information in sufficient detail to reach an informed judgment that the proposed use is or is not consistent with this Conservation Easement. The City may condition its approval on the Owner' acceptance of modifications which, in the City's judgment, would make the proposed use, as modified, consistent with this Conservation Easement or protects the Conservation Values of the Protected Land. 15. Public Access. No right of access by the public to any portion of the Protected Land is conveyed by this Conservation Easement. 4 16. Reserved Rights. Owner reserves all rights accruing from its ownership of the Protected Land including, without limitation, the right to engage in or allow others to engage in all activities or uses of the Protected Land that are not prohibited or limited by this Conservation Easement, the right to exclude all or any of the public from the Protected Land and to sell or transfer all or part of the Protected Land subject to this Conservation Easement. Owner shall inform all others who exercise any right by or through it on the Protected Land of the terms of this Conservation Easement. Owner shall give sixty (60) days prior written notification to the City of a transfer of all or any part of the fee title to the Protected Land. 17. Costs and Liabilities. Owner retains all obligations and shall bear all costs and liabilities of any kind accruing from its ownership of the Protected Land including the following responsibilities: A. Owner shall remain solely responsible for the operation, upkeep and maintenance of the Protected Land. Owner shall keep the Protected Land free of all liens arising out of work performed for, materials furnished to or obligations incurred by Owner. B. Owner shall pay all taxes and assessments levied against the Protected Land. C. Owner shall remain solely responsible for maintaining liability insurance for its use of the Protected Land and the Protected Land itself. Owner shall hold harmless, indemnify and defend the City from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorney's fees, arising out of or relating to (i) personal injury; death or property damage resulting from an act, omission or condition on or about the Protected Land unless due solely to the negligence or willful act of the City, (ii) the obligations retained by Owner to maintain the Protected Land and pay taxes in Paragraphs 17(A) and (B), and (iii) the existence of this Conservation Easement. 18. Enforcement. If the City finds at any time that Owner has breached or may breach the terms of this Conservation Easement, the City may give written notice of the breach to Owner and demand action to cure the breach including, without limitation, restoration of the Protected Land. If Owner does not cure the breach within fifteen (15) days of notice, the City may commence an action to (i) enforce the terms of this Conservation Easement, (ii) enjoin the breach, ex parte if needed, either temporarily or permanently, (iii) recover damages, (iv) require restoration of the Protected Land to its condition prior to Owner's breach and (v) pursue any other remedies available to it in law or equity. The City may, but shall not be obligated, to enter upon any part of the Protected Land and perform the maintenance, repair or replacement described in the City's notice. The costs and expenses incurred by the City in performing such maintenance, repair or replacement shall be deemed for the benefit of all Lots constituting part of the Protected 5 Land notwithstanding that said work was performed only on certain Lots. The City shall have the right to assess all such costs incurred to the Association and, in such event, the Developer, for itself and for the Association, hereby waives the requirements for such assessment otherwise imposed by Minnesota Statutes, Chapter 429. The City shall have no liability for property damage or personal injury that may result from its work performed pursuant to this provision, except for damage or injury caused by the negligent or intentional acts of the City, its agents, employees or contractors, subject to all defenses, immunities and liability limitations available to the City under Minnesota law. If, in its sole discretion, the City determines that immediate action is needed to prevent or mitigate significant damage to the Protected Land, the City may pursue its remedies under this Paragraph without written notice or giving Owner time to cure the breach. 19. Cost of Enforcement. If the City prevails in an action brought under Paragraph 18, Owner shall reimburse the City for all costs incurred by the City in enforcing the terms of this Conservation Easement including, without limitation, costs of suit, reasonable attorney's fees and costs of restoration. 20. Waiver. The enforcement of the terms of this Conservation Easement is subject to the City's discretion. A decision by the City not to exercise its right of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by the City of such term, any subsequent breach of the same or any other term, or any of the City's rights under this Conservation Easement. The delay or omission by the City to discover a breach by the City or to exercise a right of enforcement as to such breach shall not impair or waive its right of enforcement against Owner. 21. Acts Beyond Owner's Control. The City shall not exercise its rights of enforcement against Owner for injury or alteration to the Protected Land resulting from causes beyond the reasonable control of Owner including, without limitation, fire, flood, storm and earth movement or from any prudent action taken by Owner under emergency conditions to prevent, abate or mitigate significant injury or alteration to the Protected Land resulting from such causes. 22. Extinguishment. If subsequent unexpected changes in the conditions surrounding the Protected Land make it impossible to preserve and protect the Conservation Values of the Protected Land, this Conservation Easement can only be extinguished, either in whole or in part, by proceedings in a court having jurisdiction. 23. Assignment of Easement. Neither this Conservation Easement nor the enforcement rights granted under this Conservation Easement are assignable except by Owner to a Homeowners Association of the residents of TII GAVO. Upon conveyance of the Protected Land to the Association, all obligations and liabilities of the Owner hereunder shall be hereby assigned to and assumed by the Association and the Owner shall 6 have no further liability or obligation with respect thereto. The restrictions created under this Conservation Easement run with the land. 24. Notices. Any notice or other communication that either party wishes to or must give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: OWNER: CITY: Big Marine Lake Development, LLC City of Scandia 21080 Olinda Trail North 14727 209th St. N. Scandia, MN 55073 P. O. Box 128 Scandia, MN 55073 25. Governing Law and Construction. This Conservation Easement shall be governed by the laws of Minnesota. 26. Entire Agreement. This Conservation Easement sets forth the entire agreement of the parties and supersedes all prior discussions. 27. Amendment. The parties may amend this Conservation Easement provided that such amendment (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the City and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes Sections 84C.01-84C.05. 28. Binding Effect. The covenants, terms, conditions and restrictions of this Conservation Easement shall bind and inure to the benefit of the parties, their personal representatives, heirs, successors, assigns and all others who exercise any right by or through them and shall run in perpetuity with the Protected Land. CITY: OWNER: City of Scandia Big Marine Lake Development, LLC By: By: Dennis Seefeldt, Mayor Mark Sandercott, Chief Manager By: Anne Hurlburt, Clerk/Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me this day of , 2007, by Mark Sandercott, the Chief Manager of Big Marine Lake Development, LLC, a limited liability company under the laws of the State of Minnesota, on behalf of the company. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me this day of , 2007, by Dennis Seefeldt and Anne Hurlburt, the Mayor and Clerk/Administrator of the City of Scandia, on behalf of City of Scandia, a municipal corporation under the laws of Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Hebert and Welch, P.A. 20 North Lake Street, Suite 301 Forest Lake, MN 55025 (651) 464-3397 8 EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1; Lot 1, Block 2; Lots 1 through 4, Block 3; Lots 1 through 4, Block 4; Lots 1 through 4, Block 5; Lots 1 through 7, Block 6; Lots 1 and 2, Block 7; Lot 1, Block 8; Lots 1 and 2, Block 9; Lots 1 through 6, Block 10; Outlots A, B, D, E, F, G, H, I, J and K; TII GAVO, Washington County, Minnesota. rams ID a I L. C/T y0FS DECLARATION OF PROTECTIVE COVENANTS, RESERVATIONS, EASEMENTS, RULES AND REGULATIONS, AND ARCHITECTURAL STANDARDS RELATING TO TII GAVO RESIDENTIAL PLANNED COMMUNITY 1/20/07 DRAFT 1 TABLE OF CONTENTS ARTICLE I. DEFINITIONS ARTICLE II. DECLARANT'S RIGHT TO ADD ADDITIONAL PROPERTY ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership .. 12 Section 2. Voting Rights 12 Section 3. Suspension of Class A Voting Rights 12 ARTICLE IV. ASSOCIATION DUTIES; ASSOCIATION AND CITY RIGHTS Section 1. Maintenance of Common Area and Open Spaces 13 Section 2. Collection of Garbage 13 Section 3. Enforcement of Covenants, Restrictions and Design Guidelines 13 Section 4. Taxes and Insurance ..13 Section 5. Maintenance and Management of Wastewater System .13 Section 6. Storage Buildings ..14 Section 7. Management Services 14 Section 8. Rights of City of Scandia 14 ARTICLE V. ASSESSMENTS Section 1. Types; Allocations 15 Section 2. General Assessments 15 Section 3. Special Assessments . 15 Section 4. Limited Assessments 16 Section 5. Working Capital Fund 17 Section 6. Assessment Procedures .17 Section 7. Liability for Assessments .17 Section 8. Assessment Lien 17 Section 9. Foreclosure of Lien; Remedies 17 Section 10. Lien Priority; Foreclosure . 18 Section 11. Voluntary Conveyances; Statement of Assessments 18 Section 12. Limitation of Assessments 18 Section 13. Assessments Upon Initial Sale 18 Section 14. Effect of Nonpayment of Assessments; Remedies of Association 18 Section 15. Exempt Property .. 19 3/20/07 DRAFT 2 ARTICLE VI. SITE DESIGN AND ARCHITECTURAL QUALITY Section 1. Design Quality Committee 19 Section 2. DQC Members . 19 Section 3. Original Construction 19 Section 4. Review of Modifications to Original Construction .. 20 Section 5. Standards of Review; Procedures .20 Section 6. Approval Timing; Appeals 21 Section 7. Removal and Abatement ..21 Section 8. Variances 21 ARTICLE VII. LOT USES, STANDARDS AND RESTRICTIONS Section 1. Use. ..21 Section 2. Minimum Square Footage and Setback Provisions ..21 Section 3. Vegetative Cutting. ..21 Section 4. Driveway Entrance Location and Driveway Easements 22 Section 5. Garage Location 22 Section 6. Building Heights 22 Section 7. Impervious Surfaces ..23 Section 8. Lot Improvements; Completion of Construction .23 Section 9. Storage of Refuse .23 Section 10. Colors .23 Section 11. Streetscape Planting.... 23 Section 12. Minimum Landscape Plan. ..24 Section 13. Mailboxes 24 Section 14. Subdivision .. 24 Section 15. Governmental Standards ..24 Section 16. Pets and Animals. 25 Section 17. Business Use of Dwellings ...25 Section 18. Nuisances. 25 Section 19. Leasing of Dwellings 25 Section 20. Storage Tanks 25 Section 21. Exterior Lighting. 26 Section 22. Exterior Ornaments. 26 Section 23. Antennas. 26 Section 24. Repair to Curbing. 26 Section 25. Signage ..26 Section 26. Water Wells .. 26 Section 27. Boat Slip Licenses and Assignment of Licensee's Rights 26 Section 28. Turtle Bay Weed Control ..27 3/20/07 DRAFT 3 ARTICLE VIII. MAINTENANCE OF LOTS AND LOT IMPROVEMENTS ARTICLE IX. SPECIAL DECLARANT RIGHTS ARTICLE X. EASEMENTS Section 1. Owner/Occupant Easements 28 Section 2. Extent of Owner/Occupant Easements .29 Section 3. Association Easements . 29 Section 4. Declarant Easements 29 Section 5. Recorded Easements .30 Section 6. Easements are Appurtenant 30 Section 7. Impairment Prohibited ..... 30 ARTICLE XI. INSURANCE AND CASUALTY Section 1. Liability Insurance; Fidelity Bonds 30 Section 2. Casualty Insurance 30 Section 3. Repair or Replacement Upon Casualty 30 Section 4. Other Insurance .. 31 Section 5. Annual Review of Policies; Policy Premiums .31 Section 6. Required Coverage for Lots and Lot Improvements 31 ARTICLE XII. EMINENT DOMAIN ARTICLE XIII ADMINISTRATION Section 1. General .32 Section 2. Operational Purposes 34 Section 3. Binding Effect of Actions 34 Section 4. Bylaws . 34 Section 5. Management 34 Section 6. Rules and Regulations 34 Section 7. Association Assets; Surplus Funds 34 ARTICLE XIV GENERAL PROVISIONS Section 1. Notice 35 Section 2. Enforcement ..35 1/20/07 DRAFT 4 Section 3. Severability ..35 Section 4. Rules and Regulations .35 Section 5. Duration of Declaration . 35 Section 6. Amendments to Declaration 36 Section 7. No Common Interest Community .36 Section 8. Conflicts Among Documents 36 EXHIBITS Exhibit A—Initial Property Exhibit B —Additional Property Exhibit C —Common Area Exhibit D—Property On Which Common Building Is To Be Located Exhibit E-I — Storm Water Management Plan Exhibit E-2— Storm Water Pollution Prevention Plan Exhibit F—Preliminary Plat Plan Exhibit G— Shared Driveway Lots Exhibit H— Shared Driveway Easement and Maintenance Agreement Exhibit I —Boat Slip Lots Exhibit J—Property On Which Storage Buildings May Be Located 1/20/07 DRAFT 5 DECLARATION OF PROTECTIVE COVENANTS, RESERVATIONS, EASEMENTS, RULES AND REGULATIONS, AND ARCHITECTURAL STANDARDS RELATING TO TII GAVO RESIDENTIAL PLANNED COMMUNITY THIS DECLARATION OF PROTECTIVE COVENANTS, RESERVATIONS, EASEMENTS, RULES AND REGULATIONS, AND ARCHITECTURAL STANDARDS (this "Declaration") is made and executed this day of , 2007, by Big Marine Lake Development, LLC, a Minnesota limited liability company ("Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in Washington County, Minnesota, legally described on Exhibit A attached hereto (the "Initial Property"); and WHEREAS, Declarant is the owner of certain other real property located in Washington County, Minnesota, legally described on Exhibit B attached hereto (the "Additional Property"), as to which Declarant reserves the right to add and subject such Additional Property, in whole or in part, to this Declaration; and WHEREAS, the Initial Property and any such Additional Property added and subjected to this Declaration are collectively referred herein to as the "Property". WHEREAS, Declarant desires to establish on the Property a plan for a permanent residential planned community to be owned, occupied and operated for the use, health, safety, and welfare of its Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the architectural and aesthetic character of the Property. THEREFORE, Declarant makes this Declaration to establish "Tii Gavo"as a residential planned community, consisting of the Lots and Common Area defined in Article I, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned, used, occupied, and conveyed subject to the easements, covenants, conditions, restrictions, reservations, assessments, charges, liens and other impositions described in this Declaration, all of which shall be binding upon and inure to the benefit of all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. ARTICLE I DEFINITIONS The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Additional Property" shall mean and refer to that real property legally 3/2nm7 DRAFT 6 described on Exhibit B attached hereto. (b) "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of the Association as they may exist from time to time. (c) "Assessment" shall mean and refer to an assessment levied by the Association against one or more Lots for the purposes, and subject to the terms, set forth in this Declaration. Assessments include General Assessments, Special Assessments and Limited Assessments. (d) "Association" shall mean and refer to Tii Gavo Community Association, Inc., a Minnesota nonprofit corporation, and its successors and assigns. (e) "Board" or"Board of Directors" shall mean and refer to the board of directors of the Association, which is the governing body of the Association. (f) "Bylaws" shall mean and refer to the bylaws of the Association as they may exist from time to time. (g) "City" shall mean and refer to the City of Scandia. (h) "Common Expenses" shall mean and refer to all expenses lawfully made or incurred by or on behalf of the Association in connection with the performance of any obligation or function of the Association hereunder or under the Articles of Incorporation or the Bylaws. (i) "Common Area" shall mean and refer to the real property legally described on Exhibit C attached hereto, including all Common Area Improvements, owned by the Association and intended for the common use and enjoyment of Owners and Occupants and their invitees, subject to the terms and conditions set forth in this Declaration. Common Area includes Entrance Monument Easement Areas. (j) "Common Area Improvements" shall mean and refer to all structures or improvements of any kind located on the Common Area, including without limitation the Community Building, Storage Buildings or other buildings, utilities systems, communications systems, security systems, roadways, sidewalks, decorative structures, retaining walls, patios, fences, landscaping, grading, parking areas, lighting, signs, mailboxes, boat docks, fishing piers, boardwalks, swimming platforms, tennis courts, volleyball courts, beaches, trails, benches, picnic tables, grills and gazebos, or other type of structure or physical improvement, whether the purpose is decorative or otherwise, and any additions or changes thereto. (k) "Community Building" shall mean and refer to that certain building located or to be located on the real property legally described on Exhibit D attached hereto, owned by the Association and intended for the common use and enjoyment of Owners and Occupants and their invitees, subject to the terms and conditions set forth in 3/20/07 DRAFT 7 this Declaration. (1) "County" shall mean and refer to Washington County, Minnesota. (m) "Declarant" shall mean and refer to Big Marine Lake Development, LLC, a Minnesota limited liability company, and its successors and assigns, if such successor or assign shall acquire more than one undeveloped Lot from the Declarant for the purpose of development of Tii Gavo as a whole, as opposed to construction for sale of Dwellings on particular Lots. Notwithstanding the foregoing, no individual or entity acquiring a Lot from the Declarant shall become the Declarant solely by such acquisition, but only by a specific assignment and assumption of the rights and obligations of the Declarant hereunder, which assignment and assumption shall not be effective, unless the instrument of conveyance expressly sets forth the same. (n) "Declaration" shall mean and refer to this Declaration, and all exhibits hereto, as the same may be amended from time to time, and filed for record in the office of the County Recorder in and for Washington County, Minnesota. (o) "Design Quality Committee" or"DQC" shall mean and refer to that permanent committee of the Association, created for the purpose of establishing and enforcing criteria for the construction and modification of certain improvements within the Property. (p) "Dwelling" shall mean and refer to any dwelling on a Lot intended for use as a single-family dwelling. (q) "Entrance Monuments" shall mean and refer to project monuments and other signage erected or owned by the Declarant and/or the Association located in Entrance Monument Easement Areas. (r) "Entrance Monument Easement Area" shall mean and refer to that portion of a Lot more particularly defined in a recorded conveyance instrument reserving an Entrance Monument Easement Area over such Lot in favor of, or for the benefit of, the Declarant and/or the Association. (s) "First Mortgage" shall mean and refer shall mean a mortgage which has been recorded so as to give constructive notice thereof, and which is a first mortgage lien on one or more of the Lots. (t) "First Mortgagee" shall mean and refer to the holder, from time to time, of a First Mortgage as shown by the records of the office in which the First Mortgage is recorded, including a purchaser at foreclosure sale upon foreclosure of a First Mortgage through the expiration of the mortgagor's period of redemption. If there be more than one holder of a First Mortgage, they shall be considered as, and act as, one First Mortgagee for all purposes under the Governing Documents. The term "mortgage" shall include deed of trust. 3/2n/07 DRAFT R (u) "General Assessment" shall mean and refer to an assessment levied by the Association against all Lots in accordance with Article V of this Declaration. (v) "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation and the Bylaws. (w) "Initial Property" shall mean and refer to that real property legally described on Exhibit A attached hereto. (x) "Boat Slip Lots" shall mean and refer to the Lots legally described on Exhibit I attached hereto. (y) "Limited Assessment" shall mean and refer to an assessment levied by the Association against one or more Lots in accordance with Article V of this Declaration. (z) "Lot" shall mean and refer to any separately platted tract of land located within the Property which is intended for use as, or used as, a site for a Dwelling. (aa) "Lot Improvements" shall mean and refer to all structures or improvements of any kind located on a Lot, including without limitation any Dwelling, garage, car port, garden shed, green houses, pool-cabana building, wall or retaining wall, fence, sign, patio, decking, screen enclosure or screening, driveway, sidewalk, trellis covered walkway, decorative structure, planting, landscaping, grading, light poles or any other type of structure or physical improvement, whether the purpose is decorative or otherwise, and any additions or changes thereto. (bb) "Member" shall mean and refer to each Owner entitled to membership in the Association pursuant to the provisions of Article III of this Declaration. (cc) "Minimum Landscape Plan" shall mean and refer to the Minimum Landscape Plan as defined in Article VII, Section 12 of this Declaration. (dd) "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Dwelling. (ee) "Owner" shall mean and refer to a Person who owns a Lot, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. (ff) [Open Space Easement Area shall mean and refer to .] (gg) ["Open Space Plan" shall mean and refer to that certain Open Space Management Plan by and between the Association and the Carnelian-Marine Watershed District with respect to the Property.] 3/2n/07 DRAFT 9 (hh) "Person" shall mean and refer to a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title real property. (ii) "Plat" shall mean and refer to the recorded plat or plats depicting the Property, including without limitation any amended or supplemental plat(s) depicting the Property and recorded from time to time. (jj) "Preliminary Plat Plan" shall mean and refer to the preliminary plat of Tii Gavo attached hereto as Exhibit F. (kk) "Property" shall mean and refer to the real property described on Exhibit A and any portions of the Additional Property added and subjected to this Declaration pursuant to Article II of this Declaration, and shall include all improvements now or hereafter located thereon. (11) "Rules and Regulations" shall mean and refer to the rules and regulations of the Association as amended and approved from time to time pursuant to Article XIII, Section 6 of this Declaration. (mm) "Shared Driveway Lots" shall mean and refer to the Lots that are intended to have shared driveways as shown on the Preliminary Plat Plan and which Lots are legally described on Exhibit G attached hereto. (nn) "Special Assessment" shall mean and refer to an assessment levied by the Association against one or more Lots in accordance with Article V of this Declaration. (oo) "Storage Buildings" shall mean and refer to the Storage Buildings defined in Article IV, Section 6 of this Declaration. (pp) "Storm Drainage Facilities" shall mean and refer to all storm and surface water catch basins, lines and retention ponds and areas, and related facilities and equipment, within the Property which are constructed by or with the approval of Declarant and the Association, for the purpose of providing storm and surface water drainage for the Property. Declarant, at its option, from time to time may file a supplement and amendment to this Declaration describing, delineating and depicting the Storm Drainage Facilities or portions thereof as it or they may exist from time to time, and the area or areas affected by the easements and rights created therein pursuant to Article X, which supplement and amendment shall amend this Declaration without any further act or deed of any other Person being required. (qq) ["Storm Water Management Plan" shall mean and refer to that certain Storm Water Management Plan attached hereto as Exhibit E-1.] (rr) ["Storm Water Pollution Prevention Plan or SWPPP" shall mean and refer to that certain Storm Water Pollution Prevention Plan attached hereto as Exhibit E-2.] 1/20/f7 DRAFT I n (ss) "Streetscape Area" shall mean and refer to the Streetscape Area as defined in Article VII, Section 11 of this Declaration. (tt) "Tii Gavo" shall mean and refer to the Property subject to this Declaration and the residential planned community established pursuant to this Declaration commonly known or to be known as "Tii Gavo". (uu) ["Tii Gavo Boat Club" shall mean and refer the Owners and Occupants that(i) have elected to become members of a boating group known or to be known as the Tii Gavo Boat Club and which have joined together for the purpose of using the Association's boating facilities and amenities (including Association boats) intended for such purposes, and (ii) are current in the payment of any dues, fees and Assessments levied or charged by the Association in connection with such membership. Each such Owner or Occupant is deemed to be a"Tii Gavo Boat Club Member".] (vv) ["Tii Gavo Boat Club Rules and Regulations" shall mean and refer to any rules and regulations included within the Rules and Regulations of the Association, as amended and approved from time to time, relating to the Tii Gavo Boat Club or otherwise pertaining to any services, facilities and amenities within the Common Area (including Association boats) intended and available for use by the Tii Gavo Boat Club Members.] (ww) "Tii Gavo Design Guidelines" shall mean and refer to the Tii Gavo Design Guidelines of the Association as amended and approved from time to time pursuant to Article IV, Section 3 of this Declaration. (xx) "Wastewater System" shall mean and refer to the Wastewater System as defined in Article IV, Section 5 of this Declaration. 3/20/07 DRAFT 1 i ARTICLE II DECLARANT'S RIGHT TO ADD ADDITIONAL PROPERTY Declarant hereby expressly reserves the exclusive right to add Additional Property to the Property and subject the Additional Property to this Declaration, by unilateral action, subject to the following conditions: (a) The Additional Property may be added to the Property in Lots of any size and configuration determined by Declarant, subject to any governmental requirements. (b) There are no assurances as to the time(s) at which any part of the Additional Property may be added to the Property, the order in which it will be added, the number of Lots per phase nor the size of the Lots. Declarant has no obligation to add the Additional Property to the Property and may separately develop it for any purpose consistent with applicable governmental requirements. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Each Owner shall be a Member of the Association by virtue of Lot ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Lot. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Lot, all such Persons shall be Members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. Section 2. Voting Rights. The Association shall have two (2) classes of voting: Class A and Class B. (a) Each Lot, except any Lot owned by Declarant, is allocated one Class A vote. The Class A vote allocated to a Lot may be cast by the Owner of that Lot. When there is more than one Owner of a Lot, only one of the Lot Owners may cast the vote for that Lot. The Class A vote allocated to a Lot shall not be split but shall be voted as a single whole, and if the Owners of a Lot fail to agree as to who shall cast the vote allocated to that Lot, then such vote shall not be cast. (b) Each Lot owned by Declarant is allocated five Class B votes. The Class B votes shall cease and be converted to Class A votes on the earlier to occur of: (i) January 1, 2012; (ii) the date when the total Class A votes outstanding equals the total Class B votes outstanding; or(iii) the filing for record or recording by the Declarant of a surrender or termination of its Class B votes against all Lots then owned by Declarant. Section 3. Suspension of Class A Voting Rights. The right of any Owner to cast a Class A vote shall be suspended during any period in which such Owner shall be delinquent in the payment of any Assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infraction of the Rules 3/2O/07 DRAFT 12 and Regulations. ARTICLE IV ASSOCIATION DUTIES; ASSOCIATION AND CITY RIGHTS Section 1. Maintenance of Common Area and Open Spaces. The Association shall (i) administer the Open Space Plan with respect to the Common Area and any portion of the Property subject thereto and shall carry out any obligations of the Association as prescribed by the Open Space Plan (a copy of the Open Space Plan shall be kept on file in the office of the Association and shall identify the portions of the Property subject thereto); (ii) maintain, repair and replace any storm water and drainage facilities and any ponding, catchments or similar areas [located on the Property] (in accordance with the storm water management techniques, Best Management Practices set forth in the Storm Water Management Plan, and in accordance with the Storm Water Pollution Prevention Plans (SWPPP), as such documents may be modified from time to time); (iii) maintain the Common Area, including without limitation the maintenance, repair and replacement of the Common Area Improvements in the manner initially constructed by Declarant or as altered or reconstructed by authority of the Board; (iv) maintain the Streetscape Area, including without limitation the maintenance (including mowing), repair, replacement and any necessary removal of any plantings, trees and other landscaping features within the Streetscape Area; and (v) carry out any other maintenance, repair or replacement required under any agreement with the City. Section 2. Collection of Garbage. Should the local governmental unit not provide garbage collection services to the Owners, the Association may, but is not be required to contract with private vendors on behalf of all Owners for the collection of garbage in Tii Gavo. The Association, in its sole discretion, may require Owners to subscribe to a garbage collection service on an individual basis. Section 3. Enforcement of Covenants, Restrictions and Design Guidelines. The Association shall be responsible for the enforcement of the covenants and restrictions contained in this Declaration including, without limitation, the design and architectural quality controls imposed by and pursuant to this Declaration. The DQC may, from time to time, promulgate, adopt and amend the Tii Gavo Design Guidelines, in its sole discretion and as it deems appropriate or necessary. Section 4. Taxes and Insurance. To the extent the Common Area is separately taxed, the Association shall pay all property taxes and governmental special assessments with respect thereto and shall procure and pay for insurance with respect to the Common Area pursuant to Article XI of this Declaration. Section 5. Maintenance and Management of Wastewater System. The Association shall be responsible for the operation, maintenance, repair, replacement and management of the community wastewater treatment system (the "Wastewater System") located on the Property and servicing the Lots and the Common Area. The Wastewater System is a Common Area Improvement which will require the oversight and use of a Class C wastewater operator, licensed in the State of Minnesota. Such operator may be hired either as an employee of the Association 3/20/07 DRAFT 11 or as an independent contractor and shall be required to (i) operate, maintain, repair, replace and manage the Wastewater System, (ii) report to the Minnesota Pollution Control Agency in accordance with National Pollutant Discharge Elimination System (NPDES) requirements, and (iii) comply with the terms and conditions of the State Disposal System Permit MN0068217 (the "Permit") and any operation and maintenance manual required by the Permit. The costs incurred by the Association with respect to the Wastewater System shall be a Common Expense. Section 6. Storage Buildings. The Association shall have the right, but not the obligation, in its sole and reasonable discretion, to construct, maintain, repair and replace a storage building or buildings on any portion of the Common Area legally described on Exhibit J attached hereto (the "Storage Buildings") for the purpose of accommodating the storage needs of certain Owners in Tii Gavo. The costs incurred by the Association for such construction, maintenance, repair and replacement shall be a Common Expense and may be levied as General Assessments, Special Assessments and/or Limited Assessments as the Board deems fair and reasonable under the circumstances. Section 7. Management Services. The Association may engage, obtain and pay for the services of, a professional management company to manage its affairs, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Tii Gavo or the enforcement of this Declaration. Section 8. Rights of the City of Scandia. Notwithstanding any other term, covenant or condition herein contained: (a) If, in the opinion of the City expressed in a resolution of the City, the Association shall have failed to provide adequate control of surface water drainage, or adequate maintenance or repair of any Common Area; then, and in any such event, duly authorized agents of the City may enter upon the Common Area to provide adequate control of surface water drainage and/or perform such maintenance or repair of the Common Area as the City shall have deemed necessary to preserve the health, safety and welfare of the Occupants of Tii Gavo or of the residents of the City; (b) If the City performs any maintenance or repair pursuant to this Declaration or constructs any public improvements within the Property pursuant to any applicable law, then the City may assess the cost of said maintenance or repair or public improvement directly against the benefited Lots or against any portion or portions of the Common Area, as the case may be. If the City assesses any portion or portions of the Common Area for the cost of said maintenance or repair or public improvement, then the Association shall levy a Special Assessment to defray the total amount of the City assessment. Such Special Assessment need not have the consent of any Owner; and (c) The rights set forth in this Section 8 may not be repealed by the Association except with the written consent of the City. 1/20/07 DRAFT 14 ARTICLE V ASSESSMENTS Section 1. Types; Allocations. Assessments for Common Expenses shall be determined and assessed against a Lot by the Board, in its discretion; subject to the requirements and procedures set forth in this Article V, and the requirements of the Bylaws. Assessments for Common Expenses shall include General Assessments under Section 2, Special Assessments under Section 3 and Limited Assessments under Section 4. General Assessments and Special Assessments shall be allocated equally among all Lots, except as otherwise provided in Section 12 of this Article V. Notice of Assessments shall be given to the Members as provided in the Governing Documents. Section 2. General Assessments. General Assessments shall be established and levied annually by the Board, at its discretion, subject to the limitations set forth in this Section 2. Each General Assessment shall cover the costs of operating the Association and the anticipated Common Expenses for that year with respect to the operation, administration, maintenance, repair and replacement of the Common Area, including any portion of the Property for which the Association is responsible to maintain, and shall be shared by all Lots. General Assessments shall provide, among other things, for an adequate reserve fund for the maintenance, repair and replacement of the Common Area, including any portion of the Property for which the Association is responsible to maintain. The General Assessment may be increased without a vote of the Members, by not more than ten percent (10%) over the General Assessments payable during the previous calendar year, provided that the costs of garbage removal service, if any, and insurance shall always be in addition to any such increases. In order to increase the General Assessment more than the maximum amount established in this Section 2, a vote of sixty-seven percent (67%) of the combined Class A votes and Class B votes cast by the Members present, in person, by mail, or by proxy, at a meeting of the Association called for that purpose shall be necessary. The Board shall provide written notice of the General Assessments to each Owner not later than December 1 of the year prior to the year in which the General Assessment is due. Failure to provide such notice, however, shall not render any Assessment invalid. Section 3. Special Assessments. In addition to General Assessments, the Board may, at its discretion, levy in any year a Special Assessment to be shared by all Lots for the purpose of defraying, in whole or in part, (i) the cost of any unforeseen or unbudgeted Common Expense with respect to the operation, administration, maintenance, repair and replacement of the Common Area, including any portion of the Property for which the Association is responsible to maintain, (ii) general or specific reserves for maintenance, repair or replacement of the Common Area, including any portion of the Property for which the Association is responsible to maintain, and (iii) the cost of any construction of any capital improvement upon the Common Area, including the construction and/or acquisition of fixtures and personal property related thereto, provided that such construction and/or acquisition has been approved by Members holding sixty- seven percent(67%) of the combined Class A votes and Class B votes cast by the Members present, in person, by mail, or by proxy, at a meeting of the Association called for that purpose. 1/211/07 DR AFT 15 Section 4. Limited Assessments. In addition to General Assessments and Special Assessments, the Board may, at its discretion, levy and allocate Limited Assessments among only certain Lots in accordance with the following requirements and procedures: (a) Any Common Expense associated exclusively with the maintenance, repair, or replacement of fewer than all Lots or parts of the Common Areas may be assessed exclusively against the Lots benefited, in such proportions and amounts as the Board deems to be fair and reasonable under the circumstances; (b) The costs of insurance maintained by the Association in accordance with Article XI may be assessed equally or on such other basis as the Board deems to be fair and reasonable under the circumstances; (c) The costs of any utilities and any fees for the use of certain facilities and amenities included within the Common Area may be assessed exclusively against the Lots benefited by such utilities, facilities and amenities, in such proportions and amounts as the Board deems to be fair and reasonable under the circumstances; (d) Any fees and costs related to membership in, services provided by, and the administration and operation of the Tii Gavo Boat Club may be assessed exclusively against the Lots benefited by such membership, services, administration and operation, in such proportions and amounts as the Board deems to be fair and reasonable under the circumstances; (e) Reasonable attorney's fees and other costs incurred by the Association in connection with (i) the collection of Assessments and (ii) the enforcement of this Declaration or the Rules and Regulations against an Owner or Occupant, may be assessed against the Owner's Lot; (f) Late charges, fines and interest may be assessed by the Association in its reasonable discretion; (g) Assessments levied to pay a judgment against the Association may be levied only against the Lots which were subject to this Declaration at the time the judgment was entered; (h) If any damage to the Property is caused by the act or omission of any Owner or Occupant, or their invitees, the Association may assess the costs of repairing the damage exclusively against the Owner's Lot to the extent not covered by insurance; and (i) If any Assessment or installment of an Assessment against a Lot becomes more than thirty (30) days past due, then the Association may, upon ten (10) days written notice to the obligated party, declare the entire amount of the Assessment immediately due and payable in full. 1i2nr07 DRAFT 16 Section 5. Working Capital Fund. Declarant shall establish a working capital fund intended to meet unforeseen expenditures or to purchase any additional equipment or services. At the time control of the Association is transferred to the Owners, the working capital fund shall be transferred to the Association for deposit in a segregated fund. The fund shall be initially established at an amount equal to two months Assessments on all Lots. The amount attributable to a particular Lot will be collected and deposited in the fund at the time of closing of Declarant's sale of the Lot, provided that when control of the Association is transferred to the Owners, the amounts attributable to all Lots which have not then closed shall be collected. A contribution from each Lot to the working capital fund is measured by two months Assessments, but amounts paid into the fund are not advance payments of Assessments. Declarant may not use working capital funds to defray any of its expenses, reserve contributions or construction costs or to make up any budget deficits while it is in control of the Association. When unsold Lots are sold, however, Declarant may reimburse itself from funds collected at a Lot closing for money it paid the Association for that Lot's share of the working capital fund. Section 6. Assessment Procedures. The Board shall annually approve the overall Association budget, and shall levy the Assessments, or applicable portions thereof, against the Lots. Owners shall pay the Assessments allocated to their Lots directly to the Association. Assessments shall be payable in advance, monthly, quarterly or annually, as determined by the Board. Section 7. Liability for Assessments. The Owner of the Lot at the time an Assessment is payable shall be liable for the Common Expenses assessed against the Lot. The liability shall be joint and several where there are multiple Owners of a Lot. The liability is absolute and unconditional. No person is exempt from liability for payment of Assessments by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Lot, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents,for their failure to fulfill any duties under the Governing Documents. Section 8. Assessment Lien. The Association shall have a lien on each Lot for any Assessment(or pro-rata share thereof) levied against the Lot from the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association are liens, and are enforceable as Assessments under this Article V. Recording of the Declaration constitutes record notice and perfection of any lien under this Article V, and no further recordation of any notice of the lien is required. Section 9. Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed against a Lot in the manner provided for the foreclosure of mortgages by action or under a power of sale in the State of Minnesota. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot so acquired. An Owner or any other Person claiming an interest in a Lot, by the acceptance or assertion of any interest in a Lot, grants to the Association a power of sale and full authority to accomplish the foreclosure by advertisement. The Association shall, in addition, have the right 3/20/07 DRAFT 17 to pursue any other remedy at law or in equity against the Owner who fails to pay any Assessment against a Lot. Section 10. Lien Priority; Foreclosure. A lien under this Article V is prior to all other liens and encumbrances on a Lot except (i) liens and encumbrances recorded before this Declaration, (ii) any First Mortgage on the Lot, and (iii) liens for real estate taxes and other governmental assessments or charges against the Lot. Notwithstanding the foregoing, if a First Mortgage on a Lot is foreclosed and no Owner redeems during any Owner's period of redemption provided by law, then the holder of the sheriff's certificate of sale from the foreclosure of the First Mortgage shall take title to the Lot subject to unpaid Assessments, which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. Section 11. Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance of a Lot, the buyer shall not be personally liable for any unpaid Assessments and other charges made by the Association against the seller or the seller's Lot prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall remain against the Lot until satisfied or released. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid Assessments against the Lot, including all Assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. Section 12. Limitation of Assessments. Notwithstanding anything in this Article V to the contrary, General Assessments and Special Assessments shall be allocated equally among all Lots, except that: (a) Lots which are not improved with a Dwelling as to which occupancy is legally available shall be subject to General Assessments and Special Assessments at a rate equal to fifty percent (50%) of the General Assessments and Special Assessments levied against Lots which are improved with a Dwelling as to which occupancy is legally available; and (b) Lots owned by Declarant which are not improved with a Dwelling as to which occupancy is legally available shall not, for the period of three (3) years following the recording of this Declaration, be subject to General Assessments or Special Assessments, but shall be subject to Limited Assessments. After the expiration of such two-year period, such Lots shall be assessed at a rate equal to fifty percent (50%) of the General Assessments and Special Assessments levied against Lots which are improved with a Dwelling as to which occupancy is legally available. Section 13. Assessments Upon Initial Sale. Upon the sale of a Lot by Declarant, the Assessments payable with respect to such calendar year by the purchaser shall be immediately due and payable, but shall be pro-rated based on the number of days elapsed in that calendar year. Section 14. Effect of Nonpayment of Assessments; Remedies of Association. The 3/20/07 DRAFT IR General Assessments, Special Assessments, and Limited Assessments shall be fixed as provided in this Declaration. If any such Assessment is not paid when due, it shall be delinquent and shall, together with interest at a rate of eight percent(8%)per annum, late charges and fines, any cost of collection and any attorney's fees, be a continuing lien on the Lot and shall also be the personal obligation of the Owner of the Lot at the time the Assessment is made. Section 15. Exempt Property. The following real property subject to this Declaration shall be exempt from the Assessments, charges and liens created herein: (a) All easement estates or other real property estates dedicated to and accepted by the local public authority and devoted to public use; (b) All real property exempt from taxation by the laws of the State of Minnesota upon the terms and to the extent of such legal exemption; and (c) All of the Common Area. Notwithstanding any provision herein, no Lot shall be exempt from said Assessments, charges or liens, except as otherwise provided in Section 12(b) of this Article V. ARTICLE VI SITE DESIGN AND ARCHITECTURAL QUALITY Section 1. Design Quality Committee. In order to preserve the high quality of the Common Area, Lots and Lot Improvements in Tii Gavo, a Design Quality Committee (referred to herein as the "DQC") is hereby created by the Declarant. The purpose of the DQC shall be to establish, maintain and/or preserve (i) architectural and site design quality, (ii) appropriate architectural and aesthetic diversity, (iii) design compatibility and (iv) property values within Tii Gavo. The DQC shall use the Tii Gavo Design Guidelines to guide its decisions with respect to items (i) through (iv) of the foregoing. Section 2. DQC Members. There shall be three (3) members of the DQC. So long as the Declarant owns any undeveloped Lot in the Property, Declarant shall appoint all members of the DQC. Thereafter, the members of the DQC shall be appointed by the Board. A majority of the DQC may designate a representative to act for it. In the event of a death or resignation of any member of the DQC, the remaining members shall designate a successor. The members of the DQC shall be entitled to reasonable compensation for services performed pursuant to this Declaration and may be reimbursed for out-of-pocket expenses if and to the extent authorized by the Board. Section 3. Original Construction. A site plan, landscaping plan and plans and specifications for the original construction of a Dwelling and any other Lot Improvements shall be submitted to the DQC for its written approval, in accordance with the procedures set forth in Section 5 below, before any construction activity is begun. All building plans and specifications are to be supplied/prepared by or under the supervision of a registered architect, builder or qualified and experienced design professional(s). 1/20/m DRAFT 19 Section 4. Review of Modifications to Original Construction. After completion of the original construction of a Dwelling and any other Lot Improvements, any modifications thereto shall require prior written approval by the DQC of the plans and specifications for such modifications, in accordance with the standards set forth in Section 5 below. No permission or approval shall be required to repaint in accordance with an originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of the Owner's Dwelling. Section 5. Standards of Review; Procedures. The DQC may promulgate detailed standards and procedures from time to time to guide its areas of responsibility,judgment and practice. The following procedures shall govern the review of plans and specifications by the DQC: (a) The DQC shall set forth in writing the basic standards it will follow in determining whether or not to approve proposed plans and specifications for construction of Lot Improvements in Tii Gavo. The basic standards shall include, but are not limited to: the quality of workmanship, design and harmony of the external design with existing structures, topography, finish grade elevation, and overall conformity with the type and quality of construction in Tii Gavo. (b) Construction plans submitted must specifically define and include the size of any buildings, complete building floor plans, all elevations, the nature and kind of materials, topographic grading plans showing final finish grades of all Lot Improvements and the location of the Dwelling on the Lot. All proposed Lot Improvements shall be included on the plans submitted to the DQC. No permission or approval shall be required to restore or rebuild in accordance with originally approved plans and specifications. A detailed planting plan is required showing the Minimum Landscape Plan and any other anticipated installations. (c) The DQC will perform up to three stages of review before approving construction plans. Initially, an Owner must provide the DQC with a concept elevation, floor plan and site plan showing the rough idea of the home style, and position of the Lot Improvements. Upon DQC approval, the final construction plan preparation can proceed and, with the Minimum Landscape Plan, be submitted for DQC review to verify consistency with the approved concept. Finally, color and material selections must be provided for approval (if such samples were not delivered earlier). The building inspector shall not release a building permit and construction shall not proceed unless the inspector has received DQC approval of final home, site and landscape plans and specifications. (b) If any Owner commences construction prior to receiving the written approval of the plans and specifications by the DQC, the Declarant or the Association may resort to any and all remedies available to them, at law or in equity, including abatement and fines described herein and within the Tii Gavo Design Guidelines. 1/20/07 DRAFT 2n Section 6. Approval Timing; Appeals. If the DQC fails to approve or disapprove plans and specifications within thirty (30) days after the submission of the same to it, approval will be deemed to have been granted. In the event of disapproval by the DQC, the requesting Owner may give written notice to the DQC and the Board that the Owner wishes to appeal the DQC decision and request a hearing by the Board. Such notice must be furnished to the Board and the DQC within ten (10) days of the DQC's decision. The hearing shall be at a special meeting of the Board to be held within thirty (30) days of the receipt of the Owner's notice of appeal. Section 7. Removal and Abatement. The Declarant or the Association shall have the right to order an Owner to remove or alter any Lot Improvements erected in violation of the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or demolition of any non-conforming construction or other violation. Any cost incurred shall be levied as a Limited Assessment as provided in Article V. In the event the Association or the Declarant requests injunctive or similar equitable relief, it shall not be required to post any bond. Section 8. Variances. Reasonable variances to the published regulations of the DQC may be granted by the DQC after review, in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may be granted only if it is not detrimental to other property and shall not defeat the purpose of this Declaration. No variance shall apply other than to the specific Lot and the specific DQC action on the particular issue, and shall have no effect as precedent in any other DQC proceeding. ARTICLE VII LOT USES, STANDARDS AND RESTRICTIONS Section 1. Use. No Lot shall be used except for residential purposes; no Dwelling shall be erected, altered, placed or permitted to remain on any Lot other than one single family Dwelling and one accessory residential apartment (if permitted by local zoning). No attached garage for more than three (3) cars shall be permitted without the express written approval of the DQC. Any and all initial construction, or alteration to the exterior of any structure within Tii Gavo shall first be approved by the DQC prior to any construction or alteration, as provided in Article VI; provided, however, that the foregoing shall not apply to any initial construction or alterations performed by or on behalf of the Declarant or the Association with respect to the Common Area Improvements. Section 2. Minimum Square Footage and Setback Provisions. The DQC shall have the right to specify a reasonable minimum or maximum square footage for any Dwelling and to increase minimum setbacks from those otherwise specified under local ordinance to help overall sightlines, streetscape and rear lot appearances. Section 3. Vegetative Cutting. No cutting of any trees will be allowed on any Lot except to clear for a Dwelling or driveway construction (and for construction of certain approved Lot Improvements) and only after receiving the approval of the DQC. This restriction applies only to trees in excess of 4 inches in diameter as measured at breast height above the ground, and to areas within a Lot that are outside of any Open Space Easement Area. Diseased trees of any 3/20/07 DRAFT 21 size may be removed, all other selective cutting must be approved, in writing, by the DQC. On wooded Lots, preservation of existing trees and vegetation to help screen structures will assist the DQC in selective approval of such structure positions. [Notwithstanding anything in the foregoing to the contrary, no cutting of any trees regardless of diameter, shall be allowed within an Open Space Easement Area]. Section 4. Driveway Entrance Location and Driveway Easements. Each Lot has one or more DQC - preferred driveway location(s) designated on the Preliminary Plat Plan. Owners must show this location on any site plans submitted to the DQC for approval. Except at the garage apron area, driveways are to be not more than sixteen(16) feet wide and with up to a four (4) foot radius where the driveway edges intersect with the public street wear course. The Owners of Shared Driveway Lots shall enter into a Shared Driveway Easement and Maintenance Agreement with respect to the driveway that is shared between two such Owners. The form of the Shared Driveway Easement and Maintenance Agreement is attached hereto as Exhibit H and must be recorded in the real estate records of the County by the Owners of the Shared Driveway Lots. Section 5. Garage Location. Each Lot has one or more DQC - preferred garage location(s) designated on the Preliminary Plat Plan. The criteria for garage location is to obscure the garage and permit the Dwelling to have a visually dominant position as viewed from the most frequently traveled perimeter streets and/or the most predominant direction of approach. Other criteria to be considered are preservation of existing trees, sun orientation, streetscape variety, home style/site plan style, driveway design, and grading impact. Dwellings with garages at the front of the Dwelling and/or with garage doors facing toward the street are not recommended. In certain Lot locations, courtyard garage door entrance locations will be considered. Garages may have living space above, and, in all cases, garage roof massing must integrate well with the Dwelling. Section 6. Building Heights. No Dwelling or other structure located on the Lots legally described as Lots 1 through 3, Block 10,Tii Gavo, Washington County, Minnesota, shall have a Building Height in excess of thirty (30) feet. Building Height as defined in the City's Development Code and as used herein shall mean: "The vertical distance between the highest adjoining ground level within five (5) feet of the building, or ten (10) feet above the lowest ground level within five (5) feet of the building, whichever is lower and the highest point of a flat or mansard roof or the average height of the highest gable of a pitched or hipped roof. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, agricultural silos, wind energy conversion systems, wireless communication antennas and towers and flag poles up to 45 feet in height. (A) The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of 1/20/07 DRAFT 22 the building when such sidewalk or ground surface is not more than l0 feet above lowest grade. (B) An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item A above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building." Section 7. Impervious Surfaces. Lots within the "Shoreland Zone" (i.e., within 1,000 feet of the ordinary high water(OHW) level of Big Marine Lake) shall not exceed twenty-five percent (25%) in impervious surface. All other Lots shall not exceed thirty-five (35%) impervious surface. Pervious paving materials approved by the DQC are permitted for use within the Lots. Section 8. Lot Improvements; Completion of Construction. All Lot Improvements (other than the Dwelling) shall be consistent in design style, material use, color integration and quality with the Dwelling. All construction work of Lot Improvements shall, upon approval of plans and specifications by the DQC be carried on with dispatch; all such Lot Improvements shall be constructed in conformity with the then existing building codes of the City. The construction of any Dwelling (including any other Lot Improvements approved for construction by the DQC in connection therewith) shall be completely finished on the exterior within eighteen (18) months from and after the date construction commences. The Lot Improvements, as constructed, shall be reviewed/inspected by the DQC for compliance with the Tii Gavo Design Guidelines. If any construction is begun after approval of the plans and specifications as provided in Article VI and is not completed within eighteen (18) months after the commencement of said construction, and/or in the judgment of the DQC is offensive or unsightly in appearance, the Association may perform such actions as may be necessary to make the Lot Improvements harmonious with other adjacent properties, including completion of the exteriors of any Lot Improvements, screening or covering the Lot Improvements, or any combination thereof, or similar remedial operations. Any costs incurred by the Association in connection with the foregoing performance by the Association shall be the personal,joint and severable obligation of the Owner or Owners and shall be a lien against the Lot, which may be enforced as a Limited Assessment under Article V of this Declaration. Section 9. Storage of Refuse. Storage of refuse, rubbish, and cuttings, will be contained within the garage on a Lot or otherwise screened to prevent view from the street or side and rear yards of properties adjacent to such Lot. Section 10. Colors. Only colors approved by the DQC will be allowed on exterior surfaces of Lot Improvements. The DQC can apply any standard it wishes to approve or disapprove colors. Colors may not be changed without the approval of the DQC. Section 11. Streetscape Planting. The Declarant has created a planting plan for the streetscape area (the "Streetscape Area"), which is the area (exclusive of the bituminous roadway) that is twenty-two (22) feet on either side of the centerline of the roadways built within the rights-of-way on the Property. It has been determined by Declarant and the DQC that such 3/211/O7 DRAFT 23 planting plan is significant to the present and future aesthetic and financial value of Tii Gavo as a whole, and for the individual Owners. If any Owner, Occupant, or their invitees, cause damage to the plantings in the Streetscape Area, such damage shall be promptly repaired by the Association and the cost of repair may be assessed against such Owner's Lot as a Limited Assessment. Section 12. Minimum Landscape Plan. At or before final plan and specifications are submitted to the DQC for approval, each Owner shall submit a landscape plan (hereinafter, the "Minimum Landscape Plan") to the DQC for approval, which plan shall be prepared by a qualified and experienced landscape design professional or landscape architect and will conform to the DQC's planting guidelines, and specify existing and proposed grading contours, the areas to be planted, sodded, seeded, mulched, and/or retained as natural areas. Installation of the approved Minimum Landscape Plan shall be completed prior to Dwelling occupancy (except that with respect to Dwellings completed from November to March of each year, the Owner shall have until the following June 30th to carry out such Minimum Landscape Plan). The Owner shall maintain this planting in good condition, including watering, weeding, pruning, fertilizing and general upkeep. The Owner will provide, with the above Minimum Landscape Plan, a written quote for the installation thereof by an experienced and reputable landscape contractor. The DQC may require use of one of a pre-designated group of landscape contractors. Should an Owner fail to carry out the Minimum Landscape Plan, and if any amount escrowed by an Owner [upon the closing of the purchase of the Owner's Lot] should prove inadequate to accomplish the Minimum Landscape Plan, the Association reserves the right to carry out such Minimum Landscape Plan on such Lot. The amount of any such expenditure, together with a penalty not to exceed $2,500.00, shall be the personal,joint and several obligations of the Owner or Owners of such Lot and shall be a lien against the Lot which may be assessed as a Limited Assessment under Article V hereof. By purchasing a Lot in Tii Gavo, an Owner commits to the foregoing covenants and the DQC's guidelines and judgments, and allows the Association and its designees access to the Owner's Lot during normal construction business hours for the purposes set forth in this Section 12. Section 13. Mailboxes. The Association shall construct and maintain a mailbox for each Lot, which mailbox shall be located within, or attached to, the Community Building. No individual mailboxes or newspaper boxes are allowed along the road rights-of-way within the Property. Section 14. Subdivision. No Lot shall be subdivided or split by any means whatsoever into any greater number of residential Lots, nor into any residential Lots of smaller size without the express written consent of the DQC and appropriate government units except that if the Owner of a Lot desires to construct a Dwelling using an area larger than the area of any one single Lot as originally platted, then an adjoining Lot may be divided and part thereof added to any one of more adjoining single Lots solely for the purpose or result of increasing the area on which a Dwelling will be erected. No Dwelling shall be erected on a Lot which contains a lesser area than any original Lot as platted. This Section 12 shall not apply to any Lot owned by the Declarant. Section 15. Governmental Standards. All uses of the Lots shall, at a minimum, comply 3/2fl/O7 DRAFT 14 with zoning and other applicable ordinances and regulations of appropriate government units. Such regulations shall be considered as requirements in addition to any requirements of the Association or the DQC. Section 16. Pets and Animals. No birds, animals or insects shall be kept on any Lot except dogs, cats and other common house pets provided that they are not kept, bred or maintained for commercial purposes. Cats must be restrained within a confined area when outside of a Dwelling or garage. Dogs must be kept under voice control or on a leash or restrained within a confined area by fence or electronic means when outside a Dwelling or garage. "Invisible Fence," or equal pet containment systems are encouraged, provided they are kept in working order, with proper pet training, and accomplish the goal of pet restraint. No more than three household pets that use the Dwelling's exterior grounds, over the age of four (4) months may be kept at any one time. Section 17. Business Use of Dwellings. All Lots are restricted to residential use; provided, however, that the use of a Dwelling by an Owner or Occupant for home office or studio uses which are incidental to the principal residential use of the Dwelling, which comply with applicable zoning, and which do not invite or generate regular or frequent visits by clients, customers, employees, coworkers or the public, and which do not involve unusually high volumes of mail or other deliveries relative to other Dwellings is permitted. Section 18. Nuisances. No pet control lines shall be permitted unless concealed by hedges or screening acceptable by the DQC. No unsightly growths shall be permitted to grow or remain upon the Lots. No refuse pile or unsightly objects shall be allowed on any Lot. In the event that an Owner of any Lot shall fail or refuse to keep such Lot free from weeds, refuse or other unsightly objects, then the Association may (but shall not be required to) enter upon such Lot and remove the same at the expense of the Owner. No Lot shall be used in whole or in part for storage of rubbish, nor for the storage of any property or thing which will cause such Lot to appear unclean or untidy; nor shall any substance, thing or material be kept on any Lot which emits any foul or obnoxious odor, or which causes any noise which may disturb the peace, quiet, comfort, or serenity of the Owners or Occupants of any adjacent property. Dirt bikes and similar off-road motorcycle operation is prohibited. Section 19. Leasing of Dwellings. Leasing of the Dwellings shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (i) that no Dwelling, or any portion thereof, shall be leased for transient or hotel purposes or for periods of less than one month, (ii) that no Dwelling, or any portion thereof, may be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents and the Rules and Regulations and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Dwellings, consistent with this Section 19. Section 20. Storage Tanks. No permanent storage tanks of any kind shall be erected, placed or permitted on any Lot unless buried or effectively screened from view outside the Lot. If so buried or screened, any such storage tank must be kept and maintained in accordance with 1/20/n7 DRAFT 75 all applicable governmental rules and regulations. Section 21. Exterior Lighting. All exterior lighting fixtures and standards shall be shown on submitted plans and shall comply with the Tii Gavo Design Guidelines. All forms of exterior lighting shall be subject to approval of the DQC. Section 22. Exterior Ornaments. Exterior ornaments including, but not limited to, precast concrete, plastic or wood figurines, wishing wells and windmills shall be prohibited unless approved by the DQC prior to installation or construction. Section 23. Antennas. Except with prior written approval of the DQC, no exterior television, radio, satellite, or microwave antenna, dish or device of any sort shall be erected or maintained upon the Property, provided, however, that this restriction is subject to the rights of property owners under The 'Federal I Telecommunications Act of 1996 with respect to satellite receiving antennas/dishes one meter or less in diameter. No lines, wires, or other devices for the communication or transmission of electric current or power including telephone, television, cable and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables, installed and maintained underground or concealed in or on buildings or other structures approved by the DQC. All antennas or antenna devices that can be reasonably screened, shall be screened from view by the adjacent roads and Lots with wall and/or roof elements that are architecturally consistent with the Dwelling or structure on which they are located. No provision hereof shall be deemed to forbid the erection of temporary power or telephone lines/structures incident to the construction of buildings or structures. Section 24. Repair to Curbing. It shall be the responsibility of the Owner to repair or replace any curbing or bituminous damaged during construction of a Dwelling or any other Lot Improvements on the Owner's Lot. Section 25. Signage. No sign shall be placed on any Lot without the express written consent of the DQC, except that one professionally prepared "for sale" sign of typical size and proportion not greater than 5 square feet may placed on a Lot by an Owner without DQC approval. The Declarant, so long as it owns any Lot, shall be exempt from such signage restrictions. Declarant and/or the Association shall have the right to install Entrance Monuments. Until Declarant no longer owns any Lot, Declarant shall have the right to install advertising and directional signs on the Property as it deems necessary or desirable for the sale of Lots. [Section 26. Water Wells. Each Owner is responsible for the installation, maintenance, operation, repair, replacement and removal and/or sealing, if necessary, of a water well to service such Owner's Lot, when developed with a Dwelling. Owners are encouraged, but are not required, to share water wells with an adjoining Owner or Owners. In the event that Owners share water wells, the Owners sharing a well must execute an easement and maintenance agreement with respect to the well and record such agreement against their respective Lots in the real property records of the County.] Section 27. Boat Slip Licenses and Assignment of Licensee's Rights. Each Owner of a 3/20i07 DRAFT 26 Boat Slip Lot shall be granted a license by the Association to use one boat slip in Tii Gavo. The specific boat slip licensed to an Owner of a Boat Slip Lot will be identified in a license agreement between such Owner and the Association, the form of which shall be non-negotiable and will supplied by the Association. Every effort will be made by the Association to allow the Owners of the Boat Slip Lots to choose the location of the boat slip, on a first-come first-served basis (using the date of closing of such Boat Slip Lot as the point of reference); provided, however, that the final decision as to the boat slip location will be made by the Association in its reasonable discretion. In the event that an Owner of a Boat Slip Lot does not desire to utilize the boat slip under license, such Owner may assign its rights for a certain period of time as licensee to any other Owner or Occupant, which assignment must be in writing and include mutually acceptable consideration. In such case the Owner of the Boat Slip Lot must notify the Association of the new licensee. The Association may impose such reasonable rules as may be necessary to implement procedures for the assignments of boat slip licenses. Section 28. Turtle Bay Weed Control. The use of copper sulfate or other chemicals for weed control in Turtle Bay is prohibited. Only mechanical means may be used for weed control in Turtle Bay. ARTICLE VIII MAINTENANCE OF LOTS AND LOT IMPROVEMENTS In order to preserve the uniform and high-standard appearance of the Property, each Owner undertakes responsibility for maintenance and repair of the exterior of such Owner's Dwelling and any other Lot Improvements and yard areas on the Lot. Such responsibility for maintaining the Lot and the Lot Improvements shall include, but not be limited to the following: the maintenance and repair of exterior surfaces of all buildings and structures on the Lot, including but without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting, staining and repair of patio structures and decking. In maintaining yard areas and private driveways an Owner shall be required to trim, water or otherwise care for trees or other plants located on a Lot (except for those portions of the Streetscape Area to be maintained by the Association pursuant to Article IV, Section 1) and shall be required to remove snow from the private driveways, parking areas and walkways to the Dwelling. Maintenance, painting and construction shall be in the original colors and materials, or according to approved color boards on file with the Association. Other colors and materials shall require approval by the DQC, in accordance with Article VI. ARTICLE IX SPECIAL DECLARANT RIGHTS Declarant, for so long as it owns any Lot in the Property, may exercise the following rights in the Common Area or the Lots without the consent of any other Owner or other third party: (a) To create or grant easements over and across the Property which Declarant 3/2OIO7 DRAFT 27 deems necessary to complete any residential development or any portion of Tii Gavo; (b) At Declarant's expense, to construct Common Area Improvements; (c) To store construction materials, trailers and equipment and earth on the Lots owned by Declarant and/or the Common Area during the initial construction of any improvements in Tii Gavo; (d) To maintain directional signage and signage advertising Tii Gavo and/or new Dwellings on the Property; (e) To use a Lot or Lots owned by Declarant for model and sales office purposes; and (f) To maintain temporary fencing, walkways, landscaping and berming on the Property in the vicinity of models and sales offices. ARTICLE X EASEMENTS Section 1. Owner/Occupant Easements. Subject to the provisions of Section 2 hereof, and any other rights of the Declarant and the Association under this Declaration, there shall exist the following easements: (a) A non-exclusive easement in favor of each Owner and appurtenant to such Owner's Lot under and across the Common Area to construct, install, repair and replace sanitary and storm sewer, water, gas, electric, telephone, cable television and other utility lines servicing such Lot in the location the same shall be initially constructed or installed incident to the initial construction of' the Dwelling on such Lot or such other location as may be approved by the Board; (b) Subject to any restrictions set forth in this Declaration or to any restrictions, easements, covenants, or conditions of record with respect to the Common Area, each Lot shall be the beneficiary of appurtenant easements in, on and to: (i) the Storm Drainage Facilities for purposes of surface and storm water drainage through the Property into the Storm Drainage Facilities and (ii) the Wastewater System for purposes of treating wastewater produced on such Lot and transferring such wastewater through the Property into the Wastewater System. (c) A non-exclusive easement in favor of the Owners, Occupants, and their invitees for the use and enjoyment of those portions of the Common Area developed for open-space or recreational purposes; provided, however, that this easement is subject and subordinate to the Rules and Regulations concerning the use of the Common Area and further provided that: (i) the use of the boat slips in Tii Gavo is limited to the Owners of Boat Slip Lots and members of the Tii Gavo Boat Club in accordance with the Tii Gavo Boat Club Rules and Regulations; (ii) the use of certain boats owned by the Association 1/20m7 DRAFT 2R is limited to members of the Tii Gavo Boat Club in accordance with the Tii Gavo Boat Club Rules and Regulations; and (iii) the use of a space within one of the Storage Buildings is restricted to those Owners which have requested and been granted the use thereof by the Association, and thereafter pay Assessments with respect thereto. Section 2. Extent of Owner/Occupant Easements. The rights and easements created hereby and the title, if any, of the Association to the Common Area shall be subject to the following and as further provided herein: (a) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area, and in aid thereof to mortgage said Common Area, provided, however, that the rights of such mortgagee in the Common Area shall be subordinate to the rights and easements of the Owners and Occupants hereunder; (b) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure; (c) The right of the Association to suspend the voting and enjoyment rights of any Owner and/or Occupant for any period during which any Assessment remains unpaid by such Owner; (d) The right of the Declarant to make use of such portions of the Common Area as may be necessary and incidental to the construction of any Common Area Improvements and the sale of any Lots owned by Declarant and such other rights as are contained in Article IX hereof including, without vote or consent of the Members, the right to grant easements to public agencies or utilities incident to the original development of Tii Gavo; (e) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members,provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of each class of membership has been recorded agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken. Nothing herein contained shall be construed as a dedication of any part of the Common Area to the public or to public use. Section 3. Association Easements. The Association shall have a non-exclusive easement to enter upon any Lot in order to perform any obligations or duties of the Association hereunder, or to exercise any right or remedy of the Association hereunder. Section 4. Declarant Easements. Declarant hereby reserves such easements through the Property as may be reasonably necessary for the purposes of discharging its obligations under '/2n/O7 DRAFT 29 this Declaration, exercising Special Declarant Rights as described in Article IX of this Declaration, completing its intended development and construction activities within Tii Gavo and any other obligations on the part of developer to be performed pursuant to that certain Development Agreement dated , 2007 between the City and Declarant, which easements shall exist as long as reasonably necessary for such purposes. Section 5. Recorded Easements. The Property shall be subject to such other easements as may be shown on the Plat or recorded now or in the future and from time to time against the Property. Section 6. Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. Section 7. Impairment Prohibited. No Person shall materially restrict or impair any easement benefiting or burdening the Property, subject to this Declaration and the right of the Association to impose reasonable rules and regulations governing the use of the Common Area. ARTICLE XI INSURANCE Section 1. Liability Insurance; Fidelity Bonds. The Board, or its duly authorized agent, shall obtain and maintain a broad form of public liability insurance covering all of the Common Area insuring the Association, with such limits of liability as the Association shall determine to be necessary. Such insurance policy shall contain a"severability of interest" clause which shall preclude the insurer from denying the claim of an Owner because of the negligence of the Association or another Owner. The Board, or its duly authorized agent, my also obtain fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed to be advisable by the Board. Section 2. Casualty Insurance. The Association shall keep all insurable Common Area Improvements insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other property owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable. The insurance coverage with respect to the Common Area Improvements or other property owned by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association for the repair or replacement of such Common Area Improvements and any other Association property for which the insurance was carried. Section 3. Repair or Replacement Upon Casualty. In the event of damage to or destruction of any part of the Common Area Improvements or other property owned by the Association, the Association shall repair or replace the same from the insurance proceeds 1/20i07 DRAFT 10 available. If such insurance proceeds are insufficient to cover the costs or repair or replacement of such property damaged or destroyed, the Association may levy Assessments to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other Assessments made against the Owners. Any such Assessments shall be adopted in accordance with the procedures set forth in Article V of this Declaration with respect to such Assessments and the lien thereof shall be subordinate to the lien of any First Mortgage, in the same manner and to the same extent provided in Article V of this Declaration. Section 4. Other Insurance. The Board, or its duly authorized agent, shall obtain and maintain: (a) Workers' compensation insurance as required by law; (b) Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time; and (c) Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. Section 5. Annual Review of Policies; Policy Premiums. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is sufficient to cover any potential liabilities and to make any necessary repairs or replacements of the Common Area Improvements or any other Association property which may become damaged or destroyed. Premiums paid by the Association for all insurance carried by the Association are Common Expenses. Section 6. Required Coverage for Lots and Lot Improvements. Each Owner shall obtain and maintain, at a minimum, a policy of homeowner's insurance, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, which policy shall include the following: (a) Property insurance (commonly known as an "H03" insurance policy) covering all risks of physical loss to the Owner's Lot Improvements, in an amount equal to 100% of the insurable "replacement cost" of such Lot Improvements, less deductibles, exclusive of land, footings, excavation and other items normally excluded from coverage. The policy or policies shall cover the Owner's personal property. The policy or policies shall also contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. (b) Liability insurance with minimum limits of at least $300,000 per occurrence, against claims of death, bodily injury and property damage, and such other risks as are customarily covered by such policies for property similar in construction, location and use to the Lot and Lot Improvements. If available, the policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. 3/20/fl7 DRAFT 3 I ARTICLE XII EMINENT DOMAIN The following provisions shall apply in the event of a taking of any part of the Property by eminent domain: (a) If a Lot is acquired by eminent domain, or if part of a Lot is acquired by eminent domain leaving the Owner with a remnant which may not practically or lawfully be used for any material purpose permitted by this Declaration, the award shall compensate the Owner and any secured party in the Lot as their interests may appear, whether or not any Common Area interest is acquired. If part of a Lot is acquired by eminent domain, the award shall compensate the Owner and any secured Party in the Lot for the reduction in value of the Lot as their interests may appear, whether or not any Common Area interest is acquired. Any remnant of a Lot remaining after part of a Lot is taken under this Section 9(a) is thereafter a Common Area. (b) If part of the Common Area is acquired by eminent domain, the portion of the award attributable to the Common Area taken shall be paid to the Association. In an eminent domain proceeding which seeks to acquire a part of the Common Area, jurisdiction may be acquired by service of process upon the Association. (c) Any distribution to an Owner from the proceeds of an eminent domain award shall be subject to any limitations imposed by this Declaration or the Bylaws. (d) The court order or final certificate containing the final awards shall be recorded in the real property records of the County. ARTICLE XIII ADMINISTRATION The administration and operation of the Association and the Property, including, but not limited to, the acts required of the Association, shall be governed by the following provisions: Section 1. General. The operation and administration of the Association and the Property shall be governed by the Governing Documents. The Association shall, subject to the rights of the Owners set forth in the Governing Documents, be responsible for the operation, management and control of the Property. The Association shall have all powers described in this Declaration, the Articles of Incorporation, the Bylaws and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by this Declaration, the Articles of Incorporation or the Bylaws. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. The Association shall have the power to: (a) Adopt, amend and revoke rules and regulations not inconsistent with the Articles of Incorporation, the Bylaws and this Declaration, as follows: (i) regulating the 3/20m7 DRAFT 32 use of the Common Area; (ii) regulating the use of the Lots and conduct of Owners and Occupants, which may jeopardize the health, safety or welfare of other Owners and Occupants, which involves noise or other disturbing activity, or which may damage the Common Area or other Lots; (iii) regulating or prohibiting animals; (iv) regulating changes in the appearance of the Common Area and Lot Improvements and conduct which may damage Tii Gavo; (v) regulating the leasing of the Lots as provided in this Declaration and the Rules and Regulations; (vi) implementing the Articles of Incorporation, this Declaration and the Bylaws, and exercising the powers granted by this Section 1; and (vii) otherwise facilitating the operation of Tii Gavo; (b) Adopt and amend budgets for revenues, expenditures and reserves, and levy and collect Assessments for Common Expenses from Owners; (c) Hire and discharge managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself or two or more Owners on matters affecting the Common Area or other matters affecting Tii Gavo, or(ii) with the consent of the Owners of the affected Lots on matters affecting only those Lots; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement and modification of the Common Area and the Lots; (g) Cause improvements to be made as a part of the Common Area; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property; (i) Grant public utility easements through, over or under the Common Area, and, subject to approval by resolution of a majority of Owners at a meeting duly called, grant other public or private easements, leases and licenses through, over or under the Common Area; (j) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Area, and for services provided to Owners; (k) Impose charges, fines and interest for late payment of Assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of this Declaration, the Bylaws, and the Rules and Regulations of the Association; (I) Impose reasonable charges for the review, preparation and recordation of amendments to this Declaration, resale certificates if requested by an Owner, statements of unpaid Assessments, or furnishing copies of Association records; 3/2n/07 DRAFT 33 (m) Provide for the indemnification of its officers and directors, and maintain directors' and officers' liability insurance; (n) Provide for reasonable procedures governing the conduct of meetings and election of directors; (o) Exercise any other powers conferred by law, or by this Declaration, the Articles of Incorporation or the Bylaws; and (p) Exercise any of the powers necessary and proper for the governance and operation of the Association. Section 2. Operational Purposes. The Association shall operate and manage the Property for the purposes of(i) administering and enforcing the easements, covenants, conditions, restrictions, reservations, assessments, charges, liens and other impositions set forth in this Declaration, the Articles of Incorporation, the Bylaws and the Rules and Regulations (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible, and (iii) preserving the value and architectural uniformity and character of the Property. Section 3. Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by this Declaration, the Articles of Incorporation and the Bylaws shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns and all secured parties. Section 4. Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. Section 5. Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by this Declaration, the Articles of Incorporation and the Bylaws; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by this Declaration, the Articles of Incorporation, the Bylaws and by law. Section 6. Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section 6. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 1/20/07 DRAFT �4 Section 7. Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. ARTICLE XIV GENERAL PROVISIONS Section 1. Notice. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that notifications made pursuant to Bylaw 3 of the Bylaws shall be effective upon receipt by the Association. Section 2. Enforcement. In the event any Owner fails to comply with the provisions of the Governing Documents, the Rules and Regulations, or with decisions of the Association or the DQC which are made pursuant thereto, such failure will give rise to a cause of action on the part of the Association, or any aggrieved Owner for the recovery of damages or injunctive relief, or both. Owners shall have a similar right of action against the Association. Enforcement of these covenants and restrictions may be by any proceeding at law or in equity. In addition, but subject to any self help limitations imposed by applicable laws, in the event that any Owner violates any covenant or fails to perform any term, covenant or condition contained in this Declaration, the Association may perform the act, remove the defect or correct the violation upon thirty (30) days written notice to the Owner and may levy a Limited Assessment to pay the cost thereof against such Owner's Lot. Section 3. Severability. If any term, covenant, or provision of this Declaration or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits. Section 4. Rules and Regulations. The Board may, from time to time, promulgate, adopt and amend such rules and regulations as the Board, in its sole discretion, deems appropriate or necessary, including, without limiting the generality of the foregoing, additional rules and regulations concerning the use of recreational facilities and amenities, the use of parking and boating areas, maintenance of the Common Areas and additional rules and regulations concerning the appearance of each Lot and utilization of ponding areas. Without limiting the generality of the foregoing, the Association may adopt rules and regulations governing or restricting the use of chemical fertilizers, herbicides or pesticides. Section 5. Duration of Declaration. The easements, covenants, conditions, restrictions and reservations contained in this Declaration shall run with and bind the Property and shall 3/2OIO7 DRAFT 35 inure to the benefit of and be enforceable by the Association or the Owners, or their respective legal representatives, heirs, successors and assigns and shall be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes, Section 500.20, subd.2a, pursuant to Minnesota Statutes, Section 500.20 subd.2a(5). Section 6. Amendments to Declaration. This Declaration may be amended by an instrument signed by not less than sixty-seven percent (67%) of the Owners. Any amendment must be properly recorded in the Office of the County Recorder in and for Washington County. Section 7. No Common Interest Community. This Declaration is not intended to form a common interest community pursuant to the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B (the "Act"). Pursuant to Section 515B.1-102(e)(2) of the Act, the Act does not apply to "a common interest community where the units consist solely of separate parcels of real estate designed or utilized for detached single family dwellings or agricultural purposes, and where the association has no obligation to maintain any building containing a dwelling or any agricultural building." This Declaration is filed primarily for the purpose of creating a residential planned community where the Lots consist solely of separate parcels of real estate designed or utilized for detached single family dwellings, and where the Association has no obligation to maintain any building containing a Dwelling. Section 8. Conflicts Among Documents. In the event of any conflict among the provisions of this Declaration, the Bylaws and Rules and Regulations, this Declaration shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws shall control. 3/20/07 DRAFT 36 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration as of this day of , 2007. BIG MARINE LAKE DEVELOPMENT, LLC, a Minnesota limited liability company By: Its: Member STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2007, by , the Member of Big Marine Lake Development, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public This instrument was drafted by: Dorsey & Whitney LLP (MJT) 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 (612) 340-8733 1/20/07 DRAFT 37 EXHIBIT A INITIAL PROPERTY Lot 1, Block 1, Lot 1, Block 2, Lots 1 through 4, Block 3, Lot 1, Block 4, Lots 1 through 4, Block 5, Lots 1 through 7, Block 6, Lots 1 and 2, Block 7, Lot 1, Block 8, Lots 1 and 2, Block 9, Lots 1 through 6, Block 10, Outlots A, B, C, D, E, F, G and H, Tii Gavo, Washington County, Minnesota. i/2(U07 DRAFT 3 R EXHIBIT B ADDITIONAL PROPERTY Outlots I, J and K, Tii Gavo, Washington County, Minnesota. 1/20Uf7 DRAFT 19 EXHIBIT C COMMON AREA Outlots A, B, C, D, E, F, G and H, Tii Gavo, Washington County, Minnesota. 1/2nm7 D R A FT 4n EXHIBIT D PROPERTY ON WHICH COMMUNITY BUILDING IS TO BE LOCATED Outlot D, Tii Gavo, Washington County, Minnesota. 1/2U/f7 DRAFT 41 EXHIBIT E-1 STORM WATER MANAGEMENT PLAN 3/20/07 DRAFT 42 EXHIBIT E-2 STORM WATER POLLUTION PREVENTION PLAN 3/2(Uf7 DRAFT 41 EXHIBIT F PRELIMINARY PLAT PLAN 1/20/07 DRAFT 44 EXHIBIT G SHARED DRIVEWAY LOTS Lots 4 and 5, Block 6, Lots 1 and 2, Block 7, Lots 1 through 4, Block 10, Tii Gavo, Washington County, Minnesota. AND Those portions of Outlots I, J and K to be replatted as: [Lots 1, 2 and 4, Block , Lot 1, Block_and Lots 2 and 3, Block , Tii Gavo Washington County, Minnesota.] 3/20UO7 DRAFT 45 EXHIBIT H SHARED DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT 3/2O/O7 TAR AFT 46 EXHIBIT I BOAT SLIP LOTS Lot 4, Block 5, Lots 1 through 7, Block 6, Lots 1 and 2, Block 9 and Lots 1 through 6, Block 10, Tii Gavo, Washington County, Minnesota. 1/20/07 DRAFT 47 EXHIBIT ,I PROPERTY ON WHICH STORAGE BUILDINGS MAY BE LOCATED Outlot C and Outlot H, Tii Gavo, Washington County, Minnesota. 3/20/07 DRAFT 4X Meeting Date: 4/3/2007 Agenda Item: / cC e. d� 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 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 (extended) ends May 26, 2007. Background: • The public hearing on the proposed amendment was held at the March 6 meeting, and the matter was continued to April 3. • Planner Berry Farrington has revised her report and recommendations. A revised draft of the ordinance incorporates a larger(20-acre vs. 5-acre)minimum lot size, an increased setback (500 feet vs. 200 feet) from the ordinary high water level of a lake, and requires that the site have frontage on a collector or minor arterial road. • 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. • Additional correspondence received since the hearing is attached to the report. Recommendation: The planners have recommended approval. Attachments/ • TKDA report revised March 21, 2007 Materials provided: • Draft Ordinance No.: 102,revised • Scandia Zoning Map • Letter from Kevin Nickelson dated March 28, 2007 Contact(s): Brad Reis,Willowbrook Church (651) 464-9430 Prepared by: Anne Hurlburt, Administrator (shoreland amendment cont) Page 1 of 1 03/29/07 TKDA 444 CedarStreet, 01t- 1500 SainttPaul,MNN551012140 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 Copies To: Scandia File Number 2007006 From: Richard E. Thompson, AICP Proj. No.: 13812.002 Berry Farrington Routing: Date: March 1, 2007 REVISED March 21, 2007 SUBJECT: Shoreland Management Regulations Amendment MEETING DATE: April 3, 2007 APPLICANT: Brad Reis 5018 200th Street North Forest Lake, Minnesota 55025 60-DAY PERIOD ENDS: Extended to May 26, 2007 ATTACHMENTS: 1. Application 2. Draft Shoreland Management Regulations Amendment- Revised 3. Scandia Zoning Map 4. Thoroughfare Plan 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: The public hearing was held and continued on March 6, 2007. Since that meeting, the Planner has revised the draft amendment (Attachment 2). The revisions to the amendment include a minimum lot area of 20 acres above the Ordinary High Water level (changed from 5 acres), a minimum setback of 500 feet(changed from 20 feet), and a requirement that the property have frontage on a City Collector, County Collector, or Minor Arterial. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Shoreland Amendment Page 2 March 1, 2007 City of Scandia REVISED March 21, 2007 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. Attachment 4 shows the Scandia thoroughfare plan and indicates City Collectors, County Collectors, and Minor Arterials. The draft amendment requires that for a Place of Worship to be allowed, the property must have frontage on a City Collector, County Collector, or Minor Arterial. EVALUATION OF THE REQUEST: Consistency with the Comprehensive Plan 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. Place of Worship Development Standards 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. Applicable standards include screening and landscaping, woodland and tree preservation, potential for impact on water quality, parking, and building height. 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. 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. The draft amendment has been revised to set a minimum lot area of 20 acres above the Ordinary High Water level and a setback of 500 feet from the Ordinary High Water level. Parking areas are prohibited within the Shoreland Amendment Page 3 March 1, 2007 City of Scandia REVISED March 21, 2007 500 foot setback. The revision is in response to comments received at the March 6, 2007, public hearing, stating that the Place of Worship regulations should provide for greater protection of lakeshore. Under the proposed regulations, a 20 acre parcel on the lakeshore could be developed with one Place of Worship, as compared to 5 residential lots on a Natural Environment Lake, or 8 residential lots on a Recreational Development Lake. 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. Other Concerns 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. This would be the same as for Places of Worship located in residential districts that do not allow for business uses. Traffic Comments received at the March 6, 2007, public hearing generated the revision to the draft amendment to require that Places of Worship have access to a City Collector, County Collector, or Minor Arterial. Traffic from a Place of Worship would not be appropriate for a local street. At another time the Planning Commission may wish to pursue an amendment to the Zoning Ordinance (Section 10.22) so that Places of Worship could not be located on local streets in any zoning 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 the community; 4. Table the request. Shoreland Amendment Page 4 March 1, 2007 City of Scandia REVISED March 21, 2007 PLANNING STAFF RECOMMENDATIONS: The Planners recommend approval of the zoning text amendment allowing Places of Worship in the Shoreland District. Initially, the amendment was drafted with standards that the Planners found would serve as adequate: a 5 acre minimum lot size and a 200 foot setback from the Ordinary High Water level. The amendment now includes standards that require substantial shoreland conservation: a 20 acre minimum lot size and a 500 foot minimum setback from the Ordinary High Water level. By comparison, under the current Scandia Development Code, the greatest setback required from the Ordinary High Water level is 300 feet for livestock feedlots. With the proposed minimum lot size of 20 acres and the Ordinary High Water level setback of 500 feet, the Planners find that allowing Places of Worship in the Shoreland District offers the City another method to preserve undisturbed shoreline views and limit density on undeveloped lake shore, goals from the Comprehensive Plan. In this regard, allowing Places of Worship as a conditional use in the Shoreland District provides public benefit. 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, and building height. Adverse impacts may be addressed through regulation and through conditions established in the Conditional Use Permit. 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 the 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. CITY OF SCANDIA ORDINANCE NO. 102 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 5-20 acres above the Ordinary High Water level, the property must have frontage on a City Collector, County Collector, or Minor Arterial, the minimum setback from the Ordinary High Water level shall be 200 500 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 day of 2007. Dennis D. 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L- i® ct -, j wi '11•-11111111 b 0 ; ib - Illilli 1 NM EIPW.....:111.1111 .111011111111110 il alllal b ;7.,-4;,-.'.i, n Mi,'f"-Y4.,A1ImlI,a0l ikMo0.1I r4I%T1I,I Ek lL kIM j4r iimPa.e....l 1.l 8ma.,„w_,0r\11i4m11,!,„p41ol 1 11/ .EA i lLJ _ I 3 .,.;., ,. , wrAsi1 1_1m1111u1im"1-ii.i,,_.o.•/.,/,A. I NEM& I MI&. C �� 12 EMI II ii1111111FAta - -i_--/,/, ni.„. , 1-- III ''.- , lilt -11 _ . c . ' 4.--- , agmlinimir ■1 ►�►,.-gIP:1Ili, w,ab, iI Q Mk Al Alit A� _ �I N =NgE 4- J>,c , ) / -gal c� - f iallii■ ■�� 1 �. 1 ui■..11 IR oLe., - . . t t — VP" ` .,, A s _...,_..._ — If, I z,-, *MI PP I r I MIN ®� __ ` a ME Mill ' --- .11.® :� 'ems. II INimmarill y d, ' 1 n 9 RECEIVED Kevin Nickelson MAR 2 fi 2007 11262 Scandia Tr. N. Scandia, Mn 55073 CITY OF SCANDIA March 28, 2007 City of Scandia 14727 209th St. N. Scandia, Mn 55073 Dear City Council Members and Planning Commissioners, I am writing to you in regard to amending the shore land ordinance to allow places of worship within the shore land overlay district. As I see it there is just one main question to be answered and that is; would allowing places of worship within the shore land overlay district have detrimental or a beneficial affect over what is currently allowed? And then if you determined that there would be a beneficial effect or the effect would be at least no worse than what is currently allowed, you would then need to determine the appropriate OHW setback and minimum lot size. Currently the majority of the shore land in Scandia is in either residential use or agricultural use. Neither of these uses requires a CUP. For residential use there is a 200 ft. or 100 ft. lake setback, depending on whether the lake is classified as natural environment or recreational. For agricultural use there is no lake setback. Looking at section 1 of the Shoreland Management Regulations the primary intent and purpose is to protect the environmental quality of our lakes and the shoreland around them. So presently with most of our shoreland in residential use I would argue that our ability to protect our lakes certainly is limited. Home owners regularly use hazardous household chemical that may not be disposed of properly. Also lawn fertilizer and various pesticides are applied to landscape unprofessionally. We have little control and depend upon home owners to do the right thing and sometimes even inadvertently through mistake or ignorance these chemicals are handled incorrectly and cause water pollution. Shoreland that is in agricultural use has three common threats and they are; chemical fertilizer, pesticides, and animal waste. There is no lake setback for farming operations and being a farmer myself I know that farmers tend to farm every inch of land they possibly can. So we regularly till and plant fields as close as we can to lakes and wetlands. The same goes for pasturing of animals and spreading manure. The only protection of lakes we have is the use of best management practice such as grass waterways and non-pesticide spraying zones. A place of worship would have less of an impact on our shorelands because: 1) Lake set back could be more than 0, or 100 or even 200 feet. 2) Lot size could be more than 2 %2 or 5 acres 3) A conditional use permit(CUP)would greatly aid regulation. With a larger lot and greater lake setback than a typical residential lot the overall density of impact would be less. I think it could also be argued that any individual sewage treatment system impact on any given piece of land would be reduced. The best part of this though is that with a CUP the city could easily regulate future use. If conditions are not adhered to you will always have the threat of CUP revocation. Thank you for your consideration, Kevin Nickelson Page 1 of 1 f> n Anne Hurlburt - From: Hinz, Maria [MHinz@LMNC.ORG] L ' f.. J Sent: Tuesday, April 03, 2007 2:52 PM To: Anne Hurlburt Subject: Shoreland overlay changes Dear Anne Hurlburt, Planning Commission and Town Board, I know I'm late in sending this letter but letter writing is not one of my greatest talents so please bear with me. I'm writing in regard to the changes that have been made and also the one being considered to allow Willowbrook Church to build in a shoreland overlay area. What falls into the guideline that a church would? I know some of my neighbors on the lake would like to see a restaurant and possible gas station on the lake what about a community dock. Wayzata gets about$2,000.00 per season for a city owned docking space. The city planner recommended the church not be allowed if there was no benefit to Scandia. What about the loss of real estate taxes on the property? That alone should be sufficient to deny the request. I am hoping to attend the meeting tonight but dread the thought. Seeing decisions being made without information from both sides of the issue is really upsetting to me. When the research and presentation is by the person who stands to benefit from the decision and there is NO research or presentation to the contrary. That would be like going to court and only one side being able to present its case before the Judge makes his decision. Not very democratic! Sincerely, Maria Hinz PS: According to the rules Tia Gavo's permit expired 120 days after it passed (and I thought it passed in Nov/Dec). Or, if there are any changes a new permitting process is supposed to take place. I'm sure that's what they want since we relaxed the laws and are allowing a PUD in shoreland overlay. (Want to experience a PUD? Visit Liberty on the Lake near Stillwater—that is a Planned Unit Development in its truest form) 4/3/2007 Meeting Date: 4/3/2007 Agenda Item: C. (6, b� 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: Review and discuss a draft of new mining regulations for the City of Scandia, and decide whether or not to schedule a public hearing at the May 1, 2007 Planning Commission meeting. Deadline/ Timeline: N/A Background: • The city is now responsible for regulation of sand and gravel mining in Scandia. The current ordinances governing these operations date mostly from 1989 are in need of review and updating. • The Planning Commission and Town Board reviewed an outline of proposed regulations at a workshop meeting on November 28, 2006. The Commission and City Council reviewed a rough draft at the February 6 meeting. • The existing ordinances would be repealed, and the mining ordinance would become Chapter 4 of the Development Code. • A copy of the most recent draft has been mailed to representatives of the current mining operators (Tiller, Dresel Contracting&Bracht Bros.) Recommendation: The Commission and Council should review the draft ordinance, and give any feedback or suggestions for changes prior to scheduling the public hearing required for adoption of the ordinance. Attachments/ • Draft ordinance Materials provided: Contact(s): Richard Thompson, TKDA (651-292-4474) Prepared by: Anne Hurlburt,Administrator (mining draft) Page 1 of 1 03/29/07 3-29-07 CITY OF SCANDIA DEVELOPMENT CODE CHAPTER 4 MINING REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE 1 SECTION 2.APPLICATION OF CHAPTER 2 SECTION 3. GENERAL PROVISIONS 2 SECTION 4. DEFINITIONS 3 SECTION S. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5 SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(AOP) 8 SECTION 7. OPERATING CONDITION 9 SECTION 8. RECLAMATION 17 SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 19 SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 20 SECTION 11. TERMINATION OF PERMIT 21 SECTION 12. EFFECTUATION 21 SECTION 13 REPEALER 22 3-29-07 ORDINANCE No. MINING Gravel and other mineral deposits are a valuable resource, available in generous quantities in the City of Scandia. This Chapter was developed to establish conditions whereby these mineral deposits, primarily gravel, will be made available for general use. This Chapter also provides guidelines protecting natural resources and adjacent areas from adverse impacts and for restoring the land to a usable, attractive condition after the mining operation is finished. Owner/operators of gravel pits must comply with Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and Minnesota Health Department regulations when any groundwater(aquifer supply) is used or affected in the mining process. Asphalt operations or concrete plants, either portable or permanent, and any new operations or existing operations that are substantially expanding or changing must have a Conditional Use Permit from the City of Scandia. This mining regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 394. SECTION 1. INTENT AND PURPOSE 1.1 Purpose. This Chapter is adopted for the purposes of: (1.) Providing for the health, welfare, and safety of the community by regulating the removal of sand, rock, soil, and other natural deposits in the City of Scandia. (2) Providing for the economic availability and removal of sand, gravel, rock, soil, and other materials vital to the economic well-being of the region. (3) Establishing regulations, safeguards and controls regarding noise, dust, odors, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property. (4) Reducing the potential for pollution caused by wind, soil erosion and sedimentation. (5) Establishing locations, orderly approval processes and operating conditions under which mining operations will be allowed and establishing conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns. (6) Ensuring compliance with the regulations established in this ordinance on those mining operations presently operating in Scandia. City of Scandia,Minnesota Page 1 Development Code 3-29-07 SECTION 2. APPLICATION OF CHAPTER 2.1 Application. (1) This Chapter applies to all lands within the City of Scandia. Where this Chapter imposes a greater restriction upon the land than is imposed or required by other existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control. SECTION 3. GENERAL PROVISIONS 3.1 A Conditional Use Permit (CUP) and an Annual Operators Permit (AOP) are required for all mining operations and are subject to the following: (1) The operation of a mining operation without a valid Conditional Use Permit (CUP) or an Annual Operators Permit (AOP) is declared to be a nuisance, and it shall be unlawful for any person,partnership, company or corporation to engage in mining in violation of this section,or for any property owner to permit a person to mine the property owner's property in violation of this section. (2) Existing operators holding a Conditional Use Permit from Washington County may operate under the terms and conditions of the Washington County CUP until its expiration date or until 90 days after this Chapter is adopted, whichever occurs later.. If no permit is applied for and/or subsequently issued, all mining operations shall cease and the property restored in accordance with the provisions of the approved reclamation plan. (3) For new mining operations,the Applicant must apply for a Conditional Use Permit pursuant to Section 5 of this Chapter. In cases where a mandatory or discretionary EAW is required, or an EIS is required, those documents shall be prepared and accepted by the City before application for a CUP. (4) In order for the City to grant a Conditional Use Permit for a new mining operation or the expansion or change in use of an existing operation, all of the following criteria must be met: (A) The property is at least 40 acres in size; (B) The standards for approval of a conditional use permit as contained in Chapter One, Section 7, of the Scandia Development Code are met; (C) The operation is consistent with the Scandia Comprehensive Plan; and (D) All provisions of this Chapter are met. City of Scandia,Minnesota Page 2 Development Code 3-29-07 (5) The standards which apply to these permits may be varied by the City according to the structure and size of the operation, and to factors presented by the mine operator. (6) Prior to the issuance of the Annual Operators Permit, an annual report and application shall be submitted to the City for determination if the operation complies with the requirements of this Chapter. The City will then make an inspection and deliver an inspection report to the operator. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. SECTION 4. DEFINITIONS 4.1 For the purpose of these regulations, certain terms and words are hereby defined as follows: (other terms are defined in the Zoning and Subdivision Chapters) (1) Bond. Any form of security including a cash deposit, surety bond, collateral, or instrument of credit in an amount and form satisfactory to the City of Scandia. All bonds shall be approved by the City of Scandia wherever a bond is required by these regulations. (2) Confined Aquifer. An aquifer that is overlain and underlain by relatively impermeable layers or beds of rock or unconsolidated material (clay/silt) and contains water under pressure. (3) Grading. The removal, depositing, or moving of more than 50 cubic yards of sand, gravel, rock, soil, clay or other deposits in less than a one(1) year period on any parcel. (4) Groundwater. Water contained below the earth's surface in the saturated zone. (5) Holiday. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (6) Mining Season. The period, not to exceed one year, contained within any calendar year. (7) Operator. The person,partnership, company, corporation or other business entity engaged in or proposing to engage in a mining operation. In the event the operator is not the fee owner of the land to be mined, then the fee owner's consent shall be required. (8) Organic Soil. Soil that sustains and facilitates healthy plant growth. (9) Overburden. Those materials which lie between the surface of the earth and the mineral deposit to be mined. City of Scandia,Minnesota Page 3 Development Code 3-29-07 (10) Processing. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravels,rocks, or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt, and other similar products. (11) Reclamation, Restoration, Rehabilitation. To renew land to a self-sustaining, long term use which is compatible with contiguous land uses and which process shall include the reestablishment of vegetation, soil stability and establishment of safe conditions appropriate to the intended use of the land in accordance with the City's Comprehensive Plan and the Conditional Use Permit conditions allowing for excavation and/or processing on the site. (12) Stockpiling. Storage of processed or raw materials on the site of the sand, gravel or rock operation. (13) Topsoil. That portion of the overburden which lies within the "A" and "B" horizon of soil closest to the surface and which supports the growth of vegetation. (14) Unconfined Aquifer. An aquifer that is not naturally protected by an overlying confining bed or layer and the water level is at atmospheric pressure. SECTION 5. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5.1 The application for a Conditional Use Permit for a mining operation must be filed with the City. The City shall follow procedures prescribed in Chapter One, Section 7, Conditional Uses, of the City Development Code. Application for renewal for a Conditional Use Permit must be made 90 days prior to the expiration of the previous permit. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined. 5.2 The application shall contain the following: (1) The name and address of the operator and owner of the land. (2) An accurate legal description of the property where the mining shall occur. (3) Names of the adjacent landowners including all those within a one-half(1/2) mile radius of the property. (4) A narrative outlining the type of material to be excavated,mode of operation, estimate of amount of material to be removed, plans for blasting, estimated time to complete the removal, and other pertinent information to explain the request in detail. (5) All fees and escrow amounts as established by Ordinance of the City Council. City of Scandia,Minnesota Page 4 Development Code 3-29-07 (6) Survey indicating property boundaries. (7) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation with operating setbacks described in Section 7, topographic data, including contours at 2 foot vertical intervals. Water courses, marshes, wooded areas, rock outcrops,power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Interpolated contour data from U.S.G.S. Quadrangle maps is not permitted. (8) A general location map and aerial photo showing the proposed mining site in relation to the community. (9) Maps and Plans showing the following for the site and within 300 feet of the site: (A) Roads or streets showing all access routes between the property and the nearest arterial road, identifying name, right-of-way width and traveled portion width. (B) Easements Plan with widths and purpose. (C) Natural land features showing locations of watercourses and drainageways, flood elevation, wetlands, sinks,basins, and wooded areas. (D) Natural Resources including other surface water, groundwater depth, flora, fauna, and any other natural features in the rural environment. (E) Man-made features such as buildings and other structures, dams, dikes, and impoundments of water. (F) Adjacent land features with all of the requirements included above within 300 feet of the perimeter of the mined area, and all platted subdivision lots, metes and bounds parcels, and homes within 1/4 mile of the property boundaries. Wells should include private/agriculture, industrial,municipal wells within a 1/2 mile radius of the mine. (G) A minimum of 1 cross-section for every 10 acres running north/south and east/west, showing the extent of overburden, extent of sand and gravel deposits, the groundwater level (even if they are below the base of the proposed mine floor), and any evidence of the groundwater level in the past. Additional cross sections may be required at the discretion of the City. (H) All processing areas shall be identified and boundaries shown to scale. (I) All access roads to processing and mining areas shown to scale. City of Scandia,Minnesota Page 5 Development Code 3-29-07 (J) Sequences of operation showing approximate areas involved shown to scale and serially numbered with a description of each. (K) Location of screening berms shown to scale, and notes provided indicating when they will be used as reclamation material. In the same manner overburden storage areas shall be identified and noted. (L) Fences and gates shall be shown on the site map, and their type or construction shall be described and illustrated. (M) Proposed location of principal service or processing buildings or enclosures shall be shown, as well as location of settling basins and process water ponds. (N) Existing site drainage features shall be shown and flow directions indicated. A plan for handling surface drainage during operation shall be developed. (0) A plan for groundwater quality protection shall be submitted with the application. The plan shall include a minimum of 3 borings showing depth to groundwater. If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit floor,the applicant need not extend borings any further. If groundwater is encountered at a depth 15 feet or less below the bottom of the site floor,the three borings should be completed as monitoring wells. The City reserves the right to require additional borings if necessary. (P) A plan for lighting of the area and any other equipment or structures that will be installed or built, shall be shown on a plan. (Q) Reclamation plan in conformance with Section 8 shall be provided. (R) If blasting is proposed as part of the mining operation, the operator must indicate frequency,timing, size, duration and develop a blasting plan. (S) A description of any processing operations including,washing, crushing, bituminous plants and concrete ready mix plants shall be provided. (T) Any other information or reports the City deems necessary for purposes of evaluating environmental or aesthetic impacts shall be provided. 5.3 A mandatory Environmental Assessment Worksheet shall be required for development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level. The City will be the responsible governmental unit for the preparation of the Environmental Assessment Worksheet. (Chapter M.S. 4410.4300 Subpart 12.) City of Scandia,Minnesota Page 6 Development Code 3-29-07 The City may require an Environmental Assessment Worksheet if available evidence indicates that the proposed operation may have the potential for significant environmental effects. 5.4 A mandatory Environmental Impact Statement shall be required for the development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals, which will excavate 160 acres of land or more to a mean depth of 10 feet or more during its existence. The City will be the responsible governmental unit for the preparation of the Environmental Impact Statement. (Chapter M.S. 4410.4400 Subpart 9.) 5.5 Protection of Groundwater. The maximum depth of excavation shall be established so that groundwater quality is protected. This depth of excavation shall be established by the City and will be based, in part, upon soil characteristics, depth to groundwater, nature of mining proposed, and local use of the aquifer. Mining shall be allowed in confined aquifers only if it is demonstrated that no wells are using the aquifier for domestic or agricultural use or if the mine operator agrees to replace the well for those affected. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the periutit. If it is determined in the course of mining that the mining operation has negatively impacted a well by lowering yields or water quality, the operator of the mine shall be responsible for providing a new well for the property. No extraction operations shall be conducted in such a manner as to lower the water table of surrounding inhabited properties or any other water body. 5.6 All provisions of the Minnesota Environmental Quality Board Environmental Review Program must be complied with. 5.7 Permits from the Minnesota Pollution Control Agency will be required for a mining operation in relation to air, noise, and water quality. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water(from pit de-watering and/or gravel washing), a State Disposal System permit or a National Pollution Discharge Elimination permit may be necessary from the Minnesota Pollution Control Agency. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.8 Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed in public waters or if there is a need for de-watering the pit to gain access to sand, gravel and rock. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.9 A surface water protection plan to address on-going monitoring; accident response and remediation shall be required. City of Scandia,Minnesota Page 7 Development Code 3-29-07 5.10 Any mining operation having access from a State or County highway must obtain an access permit from the respective agency. A turn lane and/or bypass lane may be required by the respective agency or the City to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane shall be the sole expense of the operator. 5.11 Abandoned wells must be sealed in accordance with State and County requirements. SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(AOP) 6.1 The application for an Annual Operators Permit(AOP) for a mining operation must be filed with the City. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined. 6.2 The application shall contain the following: (1) The operator shall submit an Annual Report that summarizes the operating conditions regulated by Section 7. The Annual Report shall summarize the annual activity for the amount of material mined, area reclaimed and type of reclamation, number of trucks hauling material from the site per day, any changes made to the site, and other conditions specific to the Conditional Use Permit. (2) The AOP Application shall identify how the operating conditions for the coming year will vary from the previous year, if any variation is expected. The AOP Application shall include a site plan and aerial photos that show the active mining area and the location of existing and planned stockpiles for the coming year. The AOP Application shall describe any reclamation to occur and describe the operating conditions planned for the coming year. (3) The City shall inspect the site annually when the Annual Report is submitted. The inspection shall determine if the operation complies with the Conditional Use Permit. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. SECTION 7. OPERATING CONDITIONS 7.1 Operating Conditions. The following operating conditions and standards must be met for all mining operations. (1) Setbacks. No mining, stockpiling or land disturbance shall take place within: (A) 50 feet of adjoining property lines; (B) 200 feet of any existing occupied structures not owned by the operator or owner; City of Scandia,Minnesota Page 8 Development Code 3-29-07 (C) 100 feet of any contiguous property subdivided into residential lots of 5 acres or less (D) 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this Chapter may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within one mining season as set forth in the approved reclamation plans, and; (E) If two or more mining operations are contiguous to one another, the common boundary may be mined if the City approves the respective restoration plans. (2) Fencing. Where deemed necessary by the City for the protection of the general public, a fence shall be constructed prior to the commencement of the operation enclosing the area authorized by the permit to be mined. Where fencing is required by the City, said fence shall be, at a minimum, a three strand wire fence and the fence shall be posted with warning signs. The City reserves the right to require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete. (3) Hours of Operation. Those portions of the mining operation consisting of excavating, stockpiling,processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the City. Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is not permitted on Holidays. In cases of public emergencies, such as road washouts or blockages caused by flooding, adverse weather or other conditions,hours of operation may be extended with the consent of the City Administrator, or in the absence of the City Administrator, the Mayor. In cases of time constraints on completion of road construction before the end of the construction season caused by adverse weather conditions and in the cases of major road or highway construction projects which cause substantial inconvenience to the traveling public, hours of operation may be extended with the consent of the City Administrator, or in the absence of the City Administrator, the Mayor. Application for extended hours shall be made at least two (2) days prior to the day or days on which extended hours are requested. The applicant shall furnish such information or documentation as may reasonably be requested to support the application. If extended hours are permitted, operations shall be strictly limited to those hours for which permission is granted. (4) Screening. Where deemed necessary by the City, extracting and processing operations shall be screened or located in such a manner as to minimize their visual impact on surrounding properties. To minimize their visual impact on surrounding properties, a continuous screen shall be installed and maintained, City of Scandia,Minnesota Page 9 Development Code 3-29-07 either along the street or along the perimeter of the visible portion of the area being operated. The following shall serve as the minimum performance standards for screening and may be varied as determined by the City: (A) The screen shall have a total height of not less than six feet and shall consist of one or more of the following types: (1) Walls. A wall shall consist of concrete, stone,brick, tile, or similar type of solid masonry material a minimum of four inches thick. (2) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood and shall form a continuous screen. (4) Fences, Open. An open weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form a continuous screen. (5) Planting. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant materials combined with deciduous plants provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. The Screening Plan shall be prepared by a licensed landscape contractor or a landscape architect. Required screening shall be installed prior to commencement of operations. The City may require that either(1), (2), or(3) above shall be installed if, 24 months after commencement of operations in the area to be screened,plant materials have not formed an opaque screen, or if an opaque screen is not maintained. (B) Required screening shall be setback at least 20 feet from the point of intersection of: (1) A vehicular accessway or driveway and a street; (2) A vehicular accessway or driveway and a sidewalk or trail, and (3) Two or more vehicular accessways, driveways, or streets. City of Scandia,Minnesota Page 10 Development Code 3-29-07 (5) Dust Control. The owner must construct, maintain and operate all equipment in such a manner as to minimize on-site and off-site dust conditions. All operations shall meet the standards of the Minnesota Pollution Control Agency. The driveway access to the sand and gravel operation must be setback at least 25 feet from neighboring property lines. The owner, as part of the Conditional Use Permit, must prepare a dust control plan. The operator shall maintain all ways and roads within the site to minimize dust conditions by providing such surfacing or other treatment as may be deemed necessary by the City. The treatment shall produce no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless, non-oiled surface not less than twenty-two(22) feet wide from the connection to a public road to a point within one hundred (100) feet of the loading area. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. The City may require a blacktopped road if deemed necessary. (6) Noise. All equipment and other sources of noise must operate so as to be in accordance with Federal, State and City noise standards. A noise mitigation plan shall be prepared by the mine operator and provided to the City. (7) Depth of Excavation. The maximum depth of excavation may be regulated based on groundwater protection and/or the ability to restore the property. (8) Site Clearance. All stumps and other debris resulting from the excavation or related activities shall be disposed of by approved methods. (9) Appearance/Condition. The operator must maintain buildings,processing plants and equipment in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public rights-of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the Conditional Use Permit. (10) Sanitary Facilities. Sanitary facilities through an approved septic system or portable facilities shall be provided. (11) Waste Disposal. Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with Federal, State and City requirements. (12) Water Quality Monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until one year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the granting of an Annual Operators Permit(AOP). More frequent monitoring and sampling may be required by the City. Sampling and testing shall be done by an City of Scandia,Minnesota Page 11 Development Code 3-29-07 independent testing laboratory or an agency chosen by the City. Monitoring wells shall be sealed one year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples shall be analyzed to determine the level of nitrates, pesticides,herbicides, and other contaminates. (13) Fuel Storage. Any mining operation must meet Federal, State and City requirements for storage of fuels. The mining operator must prepare a Pollution Prevention Plan and submit it to the City. (14) Contingency Response Plan. The operator shall prepare a Contingency Response Plan(CRP) and employee training to facilitate immediate and remedial response should any accident,release of containment,or other spills occur. The CRP must be on file with the City and its fire department. (15) Added Provisions. The operator must comply with such other requirements that the City, from time to time,may find necessary to adopt for protection of the health, safety, welfare and prevention of nuisance in the area. (16) Processing. Any mining operation in which processing is proposed must meet the following performance standards: (A) A Conditional Use Permit or an amendment to an existing Conditional Use Permit is required for any new or existing mining operation which desires to add processing equipment on-site, except as provided in(C) below. (B) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. (C) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than fifteen(15) working days a calendar year, excluding time for assembly and disassembly) shall apply for a Certificate of Compliance and meet the following criteria: (1) Only materials removed on site are allowed to be processed. No materials may be hauled onto the property for processing,unless all material can be processed during the fifteen(15) day time period. (2) Setbacks as outlined in Section 7.1 (1) must be met. (3) All Federal, State and City air, water and noise standards must be met. (4) Processing shall not take place more than fifteen (15) working days per year. City of Scandia,Minnesota Page 12 Development Code 3-29-07 (5) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (D) Operators desiring to have permanent processing equipment(more than fifteen (15} days per year) on site must meet the following standards: (1) All Federal, State and City air and water quality, and noise standards must be met. (2) Processing equipment must be screened from view from property lines and the road. (3) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (4) Setback requirements as set forth in Section 7.1 (1) of this Chapter must be met. (E) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or in proximity to the subject road, will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located so as to minimize its effect on surrounding property owners. (4) The processing plant shall not be on the property for more than 120 calendar days. (5) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (6) A bond or other financial guarantee, in an amount determined by the City, must be posted to assure restoration of the site. (17) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions: (A) Recycling in conjunction with a specific road project and within the right- of-way or proximity to the subject road, shall be permitted for a maximum City of Scandia,Minnesota Page 13 Development Code 3-29-07 of 120 days subject to obtaining a Certificate of Compliance and to the following standards: (1) The processing equipment must be located so as to minimize the effect on surrounding property owners. (2) Site selection shall be made as to minimize the effect on the public health, safety and welfare. (3) All Federal, State and City air, water and noise quality standards must be met. (B) Recycling in conjunction with an approved mining permit shall be allowed as part of an original or amended Conditional Use Permit subject to the following conditions: (1) Standards contained in Section 7.1 (14)must be met. (2) An estimate of the amount of material to be processed must be submitted. The pile of material to be recycled shall be limited to the amount that can reasonably be processed in two consecutive mining seasons. (18) Trucking Operations. All new mining operations must have access to the pit area from a nine(9) ton blacktop or concrete road. The operator shall ensure all loads leaving any pit regulated by this Chapter are loaded so as to comply with state law. Trucks shall clean any loose material from the truck before leaving the operation. (19) Asphalt Plants and Concrete Ready Mix Plants. A Conditional Use Permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. Temporary asphalt plants and concrete ready mix plants may be allowed if the following conditions are met: (A) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards. (1) Asphalt plants and concrete ready mix plants must not be on the property for more than fifteen(15) days per year. (2) All setbacks as set forth in Section 7.1 (1) of this Chapter must be met. (3) All Federal, State and City air, water,noise and odor quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. City of Scandia,Minnesota Page 14 Development Code 3-29-07 (4) Equipment must be located in such a manner as to have the least environmental and aesthetic impact. (B) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year)must meet the following standards: (1) Asphalt operations and concrete ready mix plants established after the effective date of this Chapter must be located on permitted mining sites encompassing at least 40 acres and maintain a setback of 1,000 feet. (2) All setbacks as set forth in Section 7.1 (1) of this Chapter must be met unless the operation was in existence as a permanent asphalt plant on the effective date of this Chapter; in which case, it cannot expand unless it complies with the setbacks set forth in Section 7.1 (1) (3) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact. (C) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact. (4) Site selection shall be made as to minimize the effect on the public health, safety, and welfare. (5) The asphalt plant shall not be on the property for more than one hundred twenty(120) days. (6) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. City of Scandia,Minnesota Page 15 Development Code (7) A bond or other financial 3-29-07 ee, in an amount de the City, must be posted to a sure restoration of the sterinmed by ite. SECTION 8. RECLAMATION 8.1 The applicant must submit a reclamation plan consisting equired in Section 5 along with the written text. The of graphic representation as relements: plan must contain the following e (1) Intent of reclamation. (2) Methods and processes of reclamation. (3) Initial condition of mining site. (4) Limits of various operational areas. (5) Phasing and timing of operations and overburden. reclamation including areas to be stripped Aped of (6) Final condition of site, including proposed contours and landscaping. (7) Relation of final site condition to adjoining land forms an within 1/4 mile. d drainage features (8) Relation of reclaimed site to planned or established use s of surrounding land. (9) A plan for maintenance of reclaimed area. (10) A detailed cost estimate of reclamation and maintenance. 8.2 Timing. Restoration shall proceed in a continuous manner and will be subject to review and approval at each annual inspection and at the end of the permit period. 8.3 Excavations resulting in the accumulation of substantial water areas after reclamati must meet the following requirements: on (1) The water depth must not be less than three (3) feet measured from the low water mark, unless a plan for creation of a wetland or marsh has been approved. (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four(4) feet horizontal to one(1) foot vertical. (3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four(4) inches. Sodding or seeding and mulching are also required. Mulch must be properly anchored. page 16 �a�&% 1111 Sota CV)\ ode �� 6C 3-29-07 (4) Such topsoi l as required by Subsection three(3) above shall be planted with trees, shrubs,legumes or grasses; (5) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one foot vertical, except in cases where non-erodible conditions are present and (1)the City approves the reclamation plan. (6) In man-made groundwater lakes, the bottom contour shall be gradually sloping er body with a maxi from the shoreline to the deepest portion of the at feet from the pop so ud slope of 6 feet horizontal to 1 foot vertical for at least shoreline h toward the center of the water body. Beyond 100 steeper feet 3 r distance, izontal t horizontal the slope of the bottom contours maybe no to 1 foot vertical. use for a mined (7) All ground water lakes or wetlands created as part of the end Ordinanan.Department area shall be subject to the City's Shoreland Management of Natural Resources guidelines for surface water creation shall be closely followed. All watershed permits shall be obtain ed. ions not resulting in water areas after rehabilitation but which must be graded or 8,4 Excavations backfilled, shall meet the following requirements: 1 Fill shall be inspected and certified as being cleaned (free or e of volatil lione organic soil ( ) rganic compounds and heavy metals)before being shall be used only for topsoil. 2 Such grading or back-filling shall be made with non-noxious,nonflammable, noncombustible solids; (3) The graded or backfilled area shall not collect or permit stagnant water to remain therein; (4) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area surrounding and which will minimize erosion due to rainfall; ity at (5) Such graded or backfilled area ar immediatelyed with soil of a surrounding, and tola depth attleast equal to the topsoil of land areas four(4) inches; (6) Such topsoil as required by 7.4 (5) above shall be planted with trees, shrubs, legumes or grasses. (7) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one (1) foot vertical, except in cases where non-erodible conditions are present and the City approves the reclamation plan. City of Scandia,Minnesota Page 17 Development Code (8) All rehabilitation areas which are la 3-29-07 elevation at least 10 feet above the normal o�db ai�in groundwater elevation n-site septic systems must be considered. Ifg purposes shall have a ffior future development, the soil must be compacted, ldfor level. Planso for area is backfilled purposes registered soils engineer and subsequentlye d by of and approved. 8.5 Drainage. Reclamation shall proceed in such a wa where it enters and leaves the premises, shall be altered only carry out rsexcavationa and relatedpry atltered natural and storm degree necessary to not affect public a activities.ei to the leastl and degree ndrainage Any or alteration of natural storm drainage neighboring uses. 8.6 Cover and Planting. The prev ent t erosion ation and ea shall be pl provide for anted with grass, trees, al beauty.hubs, crops, Technical assistance and soils data should be obtained from screening Tec nical ass, Lance andon isdistricts, and the nearest and natural the appropriate county and soil conservation service office. 8.7 Topsoil. When topsoil is stripped or removed, it must be re- spreading over the excavated area. set aside on the site for minimize the effects of erosion of wind or waterov UponstubiPlles must be used to land uses and shall not be sold or removed from the property.roads, streams, or adjacent 8.8 Removal of Structures. Within a period of six (6) mining operation, or within six (6)months after abandonment nt of suchs after the termination of a period of six (6)months, or within six (6)months after expiration of a sand and operation for a gravel permit, all buildings and other structures not otherwise allowed under the ZoningOrdinance must be removed from the property and the property restored in conformance ance with the reclamation plan. SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 9.1 Insurance. The operator shall provide proof of bodily injury,property damage, and public liability insurance in the amount of$1,000,000 for any occurrence, including blasting insurance if blasting is allowed as part of the permit. 9.2 Escrow. The Applicant for a CUP shall establish a non interest bearing account with the City in the minimum amount of$10,000.00 to secure the payment of administrative, engineering and legal costs incurred by the City in connection with the application. The applicant for an AOP shall submit an escrow of$2,000.00 If the escrow is insufficient, the Applicant shall make such additional deposits as may be required by the City. The City shall have the right to reimburse itself from the escrow. Any excess amounts remaining in the escrow shall be reimbursed to the Applicant within sixty(60) days after the approval of the application provided that all City expense invoices have been received. If for any reason, escrow funds are insufficient to cover City costs, the Applicant shall reimburse the City for all of such costs upon receipt of an invoice therefore. Upon the failure of the Applicant to make payment of such invoice City of Scandia,Minnesota Page 18 Development Code 3-29-07 the City may reimburse itself from the escrow within 30 days of receipt of the invoice, payment of all administrative, Applicant shall be responsible for he connection with the application. account. The the Cityengineering and legal costs incurred by 9.3 Financial Guaranty.To assure compliance with the provisions in this Chapter,the reclamation and restoration of the site, and hall he performance to theof City an completion of the operator provide operator's obligations set forth in the CUP, p sfactory to the City in the amount to be determined Irrevocable t the Cof Credit or erator shall be ether security ntitled to a reduction in the security the City amounton by City.The p reduced below an amount equal to 125%ofo on a dollar for dollar basis as reclamation is completed andapproved5/o engineer, except that the security shall notthe City Engineer nor below f the cost of the work to be completed as determined by the security,unless the reclamation has been accepted by the City. notice to the City of To obtain a reduction in the security the operator will giveheCiy The portion of the reclamation or fulfillment of its requirements.working dayse City the completion will a completed improvements within ten( ) Engineer inspect the engineer a roves the completed reclamation or operator's notice, and,provided the pP re uirements,the reduction in the security will occur on subjectlarroohs r dollar bulfislment of q days after the City Engineer's approval basis within five(5)working Y limitations stated above. If the security does not automatically renew, then at least thirty(30)days prior to the expiration of the security,the operator shall provide t at City with a new security for a period of at least one(1)year beyonde of and for the same amount as the expiration date l be n default hereunder the security then in effect or the operator shaliwith the amount of no opportunity to cure, and the City may immediately demand from the surety the security then in effect. Any security provided under this section shall permit the City to draw upon the security immediately following any operator default hereunder that is not cured within any applicable notice period and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. Any request for a security reduction shall be accompanied by mechanics lien waivers covering completed work. 9.4 Permit fees. A permit fee of$500.00 shall be paid with the application for a CUP. A permit fee of$500 shall be paid with the application for an AOP. SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 10.1 Any firm,person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a separate offense. City of Scandia,Minnesota Page 19 Development Code 10.2 In the event of a violation or threatened violation3-29-�'] City may take appropriate of an PP opriate action to enforce these provisions, includingapplication injunctive relief, action to com el Y of the terms of this Chapter, the necessary to prevent, restrain, onect oo bate such mance or thol ' nout for appropriater action in court if Upon motion, the court mayviolations or threatened violations. award costs, disbursements and reasonable attorne 10.3galnst the land Y's fees and witness fees, which costs and fees can be assesseda Whenever necessary to enforce an reasonable cause to believe that a violation of this any of the provisions of this Chapter or whenever there is to occur, an authorized agent of the City Chapter has occurred or is a reasonable times to inspect the s may enter ris Chapter, easonable that such inspect same or to any any ing or upon perform duties imposed b any premises at all present proper ifredentials and o r premises be occupied, the authorized agent shall first unoccupied, shall first make a reasonable effort to locate nd entry and if such building or premises be having charge or control of the building or premises and refused, the City shallt have recourse to everythe owner dr .otherfsuch entry including administrative em b entry. If secure entry is and judicial search a remedy provided by law to entry, SECTION 11. TERMINATION OF PERMIT 11.1 Any Conditional Use Permit or may be revoked for a violation of any Operators Permit ual permit. provisions of this Chapter or ananted y conditions of Chapterant to this the 11.2 Revocation shall not occur earlier than ten(10) wor daysnotice of revocation is served upon the permittee or ifl hearing a fiis rm the time written notice of the City action has been served on the permittee. Notice to the be served personally or by registered or certified mailquested, until written permit application. Such written notice of revocation shall contain the effectivePenmttee shall the revocation, the nature of the violation or violationsdesignated in the ng the fsis of t hete of revocation, the facts which support the conclusions that a violation or violations hav occurred and a statement that if the permittee desires to appeal, the permittee must, within ten (10) working days, exclusive of the day of service, file a request for a hearin . The hearing request shall be in writing, statingtheor g appeal and served p or by registered or certified mail on the City Cle k by midnight of the tenth working d y following service. Following the receipt of a request for hearing, the City Clerk sh l day set time and place for the hearing, and the hearing shall be conducted in accordance with th a procedures set forth in Chapter 1, Section 7.8, of the Scandia Development Code. e 11.3 A mining operation shall not be permitted to continue solely for the purpose of maintaining a bituminous or ready mix concrete plan or for crushing, washing, recycling or other processing operations. Upon removal of all commercially reasonable quantitiesof material from the mining site, the mining operation shall cease, all equipment and structures shall be removed and reclamation of the site shall be promptly completed. Failure to remove commercially reasonable quantities of material from the site for a Page 20 eSOta of ScanaiaM�nn 3-29-07 period of two consecutive ears shall constitute a presumption that the mining on the site has been completed. SECTION 12. EFFECTUATION 12.1 It is hereby decl ared to be the intention that the several provisions of this Chapter are separable in accordance with the following: rovision of this Chapter jurisdiction shall adjudge any p (1) If any court of competent J provisions of this Chapter p to be invalid,such judgment shall not affect anyother not specifically included in said judgment. invalid application of any (2) If any court of competent jurisdiction shall adjudgeor thethar structure, such particular property,building, other property, portion of shallh Chapter affect a lication of said provision to any judgment not the application ud building or structure not specifically included in said judgment. SECTION 13. REPEALER 13.1 Any ordinance or provision of an ordinance heretofore existing pertaining to the subjects from and after the effective date of this treated in the Chapter shall be deemed repealed �,in this Chapter; in whole or in Chapter except as they are included and reorright �ain�established prio t to the effective date of provided that this repeal shall not affect any � to the effective date of this this Chapter or the provisions of any valid permit issued prior Chapter. City of Scandia,Minnesota Page 21 Development Code