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05-01-2007 Meeting & PC
CITY OF SCANDIA CITY COUNCIL AGENDA May 1, 2007 7:00 P.M. 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Approval of the Agenda 4. Public Hearings (None) 5. General Business a) Award the Sale of General Obligation Bonds for 2007 Road Improvement Project (Resolution No. 05-01-07-01) b) Discussion of Legal Newspaper c) Delineation of Wetlands in Lilleskogen Park d) Contract with Lakes Area Youth Service Bureau e) 2007 League of Minnesota Cities Conference f) 2007 Recreation Program Staffing 6. Recommendations from the Planning Commission a) German Lake Ventures, LLC. Variance from Minimum Buildable Area Requirement, Lot 4 of Proposed German Lake Vistas Subdivision (Resolution No. 05-01-07-02, File No. 2007012) b) Big Marine Development, LLC. Amendment to Preliminary Plat for Tii Gavo Open Space Conservation Subdivision (Resolution No. 05-01-07-03, File No. 2007009) c) Discussion of Draft Mining Ordinance 7. Adjournment Meeting Date: 5/1/2007 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: Award the sale of General Obligation Bonds, Series 2007A, in the amount of approximately$1,430,000 (Resolution No.: 05-01-07-01) Deadline/ Timeline: Bond sale is scheduled for May 1, 2007 Background: • The proposed bond issue will finance the 2007 road improvement project, already underway. • Blanks in the draft resolution, attached, will be filled in by the city's bond counsel after the bond sale. Monte Eastvold of Northland Securities will report on the interest rates and final debt service schedule at the May 1 meeting. Recommendation: I recommend that the Council adopt the resolution. Attachments/ • Draft Resolution No.: 05-01-07-01 Materials provided: Contact(s): Monte Eastvold, Northland Securities (612 851-5904) Prepared by: Anne Hurlburt, Administrator (bond sale) Page 1 of 1 04/24/07 Extract of Minutes of Meeting of the City Council of the City of Scandia, Washington County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Scandia, Minnesota, was duly held in the City Hall in said City on Tuesday, May 1, 2007, commencing at 7:00 P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of the proposal of Northland Securities, Inc. to purchase of the City's approximately $1,430,000 General Obligation Improvement Bonds, Series 2007A. After due consideration of the proposal, Member then introduced the following resolution, and moved its adoption: RESOLUTION NO. 05-01-07-01 A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Scandia, Washington County, Minnesota (City) as follows: 309190v1 DJK NE255-8 1 Section 1. Sale of Bonds. 1.01 It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Project Designation& Description: Total Project Cost Project Fund $1,390,852.00 Underwriter's Discount 28,028.00 Costs of Issuance 11,120.00 Accrued Interest 4,511.11 Total $1,434,511.11 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue approximately $ 1,430,000 General Obligation Improvement Bonds, Series 2007A (Bonds) pursuant to the Act to provide financing for the Improvements. (c) the City ratifies the actions of its City Administrator in retaining Sound Capital Management or an independent financial advisor for the purpose of reviewing the pricing fairness associated with the purchase and subsequent reoffering of the Bonds. It begin thus determined that the City has retained an independent financial advisor in connection with such sale, the City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds. The actions of the City staff and financial advisers in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The offer of Northland Securities, Inc. (Purchaser) to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: 309190v1 DJK NE255-8 2 Year of Interest Year of Interest Maturity Rate Maturity Rate 2008 2013 2009 2014 2010 2015 2011 2016 2012 2017 Net interest cost: 1.03. Purchase Contract. The sum of$ being the amount proposed by the Purchaser in excess of $ shall be credited to the Debt Service Fund hereinafter created. The Mayor and City Administrator are directed to execute a contract: with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of$ _, originally dated May 1, 2007, in the denomination of$5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on December 1 in the years and amounts as follows: Year Amount Year Amount 2008 2013 2009 2014 2010 2015 2011 2016 2012 2017 1.05. Optional Redemption. The City may elect on December 1, 2015, and on any day thereafter to prepay Bonds due on or after December 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] 309190v1 DJK NE255-8 3 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates., Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or(ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on June 1 and December 1 of each year, commencing December 1, 2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and 309190v1 DJK NE255-8 4 genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (0 Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a 309190v1 DJK NE255-8 5 bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Treasurer must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: 309190v1 DJK NE255-8 6 No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF SCANDIA GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2007A Date of Rate Maturity Original Issue CUSIP December 1, 20_ May 1, 2007 Registered Owner: Cede & Co. The City of Scandia, Minnesota, a duly organized and existing municipal corporation in Washington County, Minnesota(City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of$ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable June 1 and December 1 in each year, commencing December 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft lby Northland Trust Services, Inc., Minneapolis, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on December 1, 2015, and on any day thereafter to prepay Bonds due on or after December 1, 2016. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code fo:r the calendar year of issue. 309190v1 DJK NE255-8 7 This Bond is one of an issue in the aggregate principal amount of$ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on May 1, 2007 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes for the City's share of the cost of the improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of$5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. 309190v1 DJK NE255-8 8 IN WITNESS WHEREOF, the City of Scandia, Washington County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF SCANDIA, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. 309190v1 DJK NE255-8 9 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 309190v1 DJK NE255-8 10 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. Approving Legal Opinion. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment., Security., Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds, Series 2007A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied (Taxes), and special assessments (Assessments) levied or to be levied for the Improvements described in Section 1.01 are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Treasurer is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments and Taxes collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments and Taxes for the Improvements are to be deposited in the Debt Service Fund. 4.02. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: 309190v1 DJK NE255-8 1 (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2007 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. Pledge of Tax Levy. It is determined that at least 20% of the cost of the Improvements will be specially assessed against benefited properties. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See EXHIBIT A) 4.04. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Administrator may certify to the County Auditor of Washington County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.05. County Auditor Certificate as to Registration. The City Administrator is authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 309190v1 DJK NE255-8 12 Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Administrator and Treasurer are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on the closing date for further distribution as directed by the City's financial adviser, Northland Securities, Inc. Section 6. Tax Covenant. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2007) exceed the small-issuer exception amount of$5,000,000. (b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all 309190vI DJK NE255-8 13 tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2007 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the 309190v1 DJKNE255-8 14 Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The form Blanket Issuer Letter of Representation letter proposed to be submitted to DTC, which is on file with the City Administrator and presented to this meeting (Representation Letter), is hereby approved, and the City Administrator is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the City Administrator and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 309190v1 DJK NE255-8 15 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Limited Continuing Disclosure. In order to qualify the Bonds for limited continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the SEC Rule), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order,to cause the City to comply with its obligations under this section. 8.03. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. 9.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 309190v1 DJK NE255-8 16 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 309190v1 DJK NE255-8 17 STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) SS. ) CITY OF SCANDIA ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Scandia, Washington County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on May 1, 2007 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Improvement Bonds, Series 2007A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 2007. City Administrator Scandia, Minnesota (SEAL) 309190vI DJK NE255-8 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF WASHINGTON TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Washington County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Scandia, Minnesota, on May 1, 2007, levying taxes for the payment of $ General Obligation Improvement Bonds, Series 2007A, of said municipality dated May 1, 2007, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2007. County Auditor Washington County, Minnesota (SEAL) Deputy 309190v1 DJK NE255-8 EXHIBIT A TAX LEVY SCHEDULE YEAR * TAX LEVY * Year tax levy collected. 309190v1 DJK NE255-8 Meeting Date: 5/1/2007 Agenda Item: j City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss designation of the legal newspaper. Deadline/Timeline: N/A Background: • At the April 17, 2007 Meeting, Councilmember Peterson requested that the Council reconsider its designation of the Forest Lake Times as the city's legal newspaper for 2007. She presented a letter from an attorney representing the Country Messenger, opining that the Messenger was qualified to serve as the city's legal newspaper. The Council asked the City attorney to review the letter and report on the statutes governing selection of a legal newspaper at the May 1, 2007 meeting. • The attorney's report is attached, indicating his opinion that the Country Messenger is not qualified to be the city's legal newspaper. Recommendation: Unless the Council receives new information or facts that would alter the Attorney's opinion, the Council should take no action. Attachments/ • Letter from David Hebert, City Attorney dated April 18, 2007 Materials provided: (with attachments) Contact(s): David Hebert, City Attorney (651 464-3397) Prepared by: Anne Hurlburt, Administrator (legal newspaper) Page 1 of 1 04/24/07 HEBERT AND WELCH, P.A. ATTORNEYS AT LAW RECEIVED TOWN SQUARE 20 NORTH LAKE STREET, SUITE 301 FOREST LAKE,MN 55025 APR 2 3 2007 Phone: (651)464-3397 Fax: (651)464-8664 DAVID K.HEBERT MICHAELA.WELCH CITY OF SCANDIA April 18, 2007 Ms. Anne Hurlburt City Administrator City of Scandia P. O. Box 128 Scandia, MN 55073 Re: Legal Newspaper Dear Ms. Hurlburt: Enclosed is my opinion letter of December 27, 2006 addressing the question of whether the Country Messenger meets the legal requirements to serve as the legal newspaper for the City of Scandia. Also enclosed is a letter written to the publisher of the Country Messenger by its attorney, Mark Anfinson, concerning the same issue. After reviewing both letters, my opinion remains the same. Mr. Anfinson argues that Section 331A.02 of Minnesota Statutes only requires a legal newspaper to have a circulation of 500 copies in any locale, not just in the municipality in question. However, Section 331A.02 Subd. 1 (d) states that the paper must: (d) be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; In my opinion, the several references in the Section to "political subdivision it purports to serve," to "local residents" and to the number of copies which must be distributed, clearly refer to one municipality and the number of copies which must be distributed within that one municipality. The Country Messenger does not deliver sufficient copies to Scandia residents. The second issue to be considered is the requirement in Section 331A.02 Subd. 1 (e) that the paper have its known office of issue in the county in which it lies in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county. The newspaper's office is in Polk County, Wisconsin. Mr. Anfinson argues that the requirement is satisfied even though the adjoining county is in another state. Although there is no case law, it is my opinion that the Statute must be interpreted to apply to Minnesota counties only. 1 As additional support for this opinion, Section 331A.02 Subd. 4 allows an interested person to petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. If you accept Mr. Anfinson's argument, the publisher would petition a court in Polk County, Wisconsin to determine whether it is qualified to publish legal notices in Scandia, Minnesota under Minnesota law. The Wisconsin court would not decide such a petition and, if it did, its decision would not be effective in Minnesota. If the Country Messenger wishes to establish its right to publish legal notices for Scandia, it has the right under the previously mentioned Statute to petition the district court in Washington County for a declaration that it is a qualified legal newspaper under State Statute. In the absence of such a declaration, it continues to be my opinion that it is not so qualified. Sincerely yours, HEBERT AND WELCH, P. A. 6. 0' "✓c' /<. V- David K. Hebert DKH:lp Enclosures 2 HEBERT AND WELCH, P.A. ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET,SUITE 301 FOREST LAKE,MN 55025 Phone: (651)464-3397 Fax: (651)464-8664 DAVID K.HEBERT MICHAEL A.WELCH December 27, 2006 Ms. Anne Hurlburt City Administrator City of Scandia P. 0. Box 128 Scandia, MN 55073 Re: Legal Newspaper Dear Ms. Hurlburt: You have asked whether the Country Messenger meets the legal requirements to serve as the official medium for the legal publication of the City notices. The applicable statute is M.S.§331A.O2. The requirements which will be discussed pertain to cities of 1,300 population or more. The statute requires that the paper be published in English, in newspaper format, and have at least 1,000 square inches. It must be distributed at least once each week. It can have no more than seventy-five percent of its printed space devoted to advertising material and paid public notices. Fifty percent of its news columns must be devoted to news of local interest to the community which it purports to serve. Not more than twenty-five percent of its total non-advertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news source services. Arguably, the paper may meet all of the foregoing requirements. Subdivision 1(d) of the statute provides that the paper be circulated in the political subdivision which it purports to serve, and have either 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300; or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300. The publisher of the newspaper argues that the reference to the number of copies to be distributed does not apply to each municipality served by the paper but, instead, applies to the entire circulation of the newspaper. If that argument were correct, the statute would not differentiate between the number of copies to be delivered based on the population of the political subdivision being served. 1 For this section of the statute, the paper will need to demonstrate that it either delivers 500 copies to residents of the City of Scandia by paid subscription or free of charge. Subdivision 1(e) of the statute also requires that the known office of issue of the paper be established in the county in which the political subdivision lies in whole or in part or in an adjoining county. The office of issue of the paper has been transferred from Washington County to Polk County, Wisconsin. Its office is located at 108 Cascade Street, Osceola, WI and is published weekly by the Osceola Sun. In my opinion, an adjacent county does not include a county in another state. At this point I do not believe that the Country Messenger now qualifies to act as the legal newspaper for the City of Scandia. Subdivision 4 of the statute allows a person interested in a newspaper's qualification to petition the District Court "in the county in which the newspaper has its known office of issue" for a declaratory judgment to determine whether the newspaper is qualified. (Quotation marks added.) Sincerely yours, HEBERT AND WELCH, P. A. David K. Hebert DKH:lp 2 Rpr 10 2007 2:46PM LakeCalhounProfessionalBu 6128273564 p. 1 MARK It AMPINSON ATTORNEY AT LAW LAKE CALHOUN PROFESSIONAL BUILDING 3109 HENNEPIN AVENUE SOUTH MINNEAPOLIS.MINNESOTA 55408 (612)827.561 I FAX (612)827-3564 rnranfinson@Iawyeraofminnesota.com VIA FACSIMILE TO(715) 433-3845 TO: Carter Johnson Country Messenger FROM: Mark Anfinson DATE: April 10,2007 RE: Legal Newspaper Qualification Criteria Dear Carter: I write to follow up on our conversations of last week about various objections that have been raised to the status of the Country Messenger as a qualified legal newspaper in certain municipalities where the newspaper circulates. As I understand them, these objections seem to focus on two principal issues: 1. The first is whether the Country Messenger has sufficient circulation within the muni- cipalities to comply with the provisions of Minn. Stat. §331A.02, subd. 1(d),requiring that a qualified newspaper "be circulated in the political subdivision which it purports to serve, [and] have at least 500 copies regularly delivered to paying subscribers . . . or have at least 500 copies regularly distributed without charge to local residents" (in cases where the political subdivision has a population of 1,300 or more). 2. The second issue pertains to the location of the Country Messenger's office; according to Minn. Stat. §331A.02, subd. 1(e), a newspaper cannot be qualified unless its"known office of issue [is] established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve,or in an adjoining county." You explained that the municipalities you are dealing with argue that your newspaper does not have adequate circulation, because they read Minn. Stat. §331A.02, subd. 1(d)as requiring 500 copies of the Country Messenger to be circulated in each municipality, and further that because your principal office is located in Wisconsin,you do not qualify Rpr 10 2007 2: 46PM LakeCalhounProfessionalBu 6128273564 p. 2 under Minn. Stat. §331A.02, subd. 1(e). As I told you in our discussion, however, I respectfully disagree with both of these interpretations. With respect to the first issue, the initial clause of Minn. Stat. §331A.02, subd. 1(d)must be separated from the remaining ones (which focus on minimum circulation thresholds). In other words, the first clause of subdivision 1(d) simply requires some minimal,basic circulation within the political subdivision the newspaper purports to serve. separately, the newspaper must have a total circulation of at least 500 copies,which would include its circulation in any locale, not just the municipality in question. I acknowledge that the language of paragraph(d) is somewhat confusing. However, if the interpretation used against you were to be widely adopted, the result would be that hundreds(if not thou- sands) of townships and other small municipal bodies throughout the state would be unable to find a qualified newspaper. In my view, the correct interpretation of this paragraph is that a newspaper is qualified if it has a total circulation in the specified amount, and some reasonable level of circulation in the particular political subdivision. With respect to the second issue—the location of the newspaper's office—Minn. Stat. §331A.02, subd. 1(e) says nothing more than that it must be in the same county"or in an adjoining county." The statute does not specify that the adjoining county must be located within the state of Minnesota, nor am I aware of any court decision that has ever held to the contrary. Given the many specific criteria found in §331A.02, subd. 2 that a news- paper must comply with in order to be considered qualified, I do not know of any policy reason supporting the conclusion that, simply because the newspaper's primary office is located just across the state border, it should be disqualified,so long as all of those statutory criteria are otherwise satisfied. I hope this analysis helps. If you have any other questions whatsoever,by all means let me know. Best regards, WILIA-Ve Mark R. Anfins n D:\correspondence\o\Osceola Sun-Messenger\memo re legal NP qualifications.wpd Page 2 of 9 WegealAL MN ST§ 331A.02 Page 1 M.S.A. §331A.02 C Minnesota Statutes Annotated Currentness cm Trade Regulations,Consumer Protection(Ch.324-338) Chapter 331A.Qualified Newspapers -+331A.02.Requirements for a qualified newspaper Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified.To be qualified,a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included,not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve,or in an adjoining county; - (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment,or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification ©2006 Thomson/West.No Claim to Orig.U.S.Govt. Works. Page 3 of 9 MN ST§ 331A.02 Page 2 M.S.A. §331A.02 shall be effective from the date of the filing described in paragraph(j)through December 31 of that year;and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of$25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd.2.Repealed by Laws 2004,c. 182,§ 33. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication,or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership,or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act[FN 1]and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. CREDIT(S) Laws 1984, c. 543, § 21. Amended by Laws 1985, c. 174, § 1, eff. May 22, 1985; Laws 1985, 1st Sp., c. 13, § 315; Laws 1987, c. 30, § 1; Laws 1987, c. 286, § 1; Laws 1988, c. 682, § 42; Laws 1990, c. 395, § 1, eff April 5, 1990;Laws 1991,c.205, § 17;Laws 1997,c. 137, § 13;Laws 2001, c. 38, § 1;Laws 2004,c. 182, §§ 8 to 11. [FNI] Sections 555.01 to 555.16. HISTORICAL AND STATUTORY NOTES ©2006 Thomson/West.No Claim to Orig. U.S. Govt. Works. Meeting Date: 5/1/2007 Agenda Item: 5, C City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Authorize the delineation of wetlands in Lilleskogen Park. Deadline/ Timeline: N/A Background: • In their proposed master plan for Lilleskogen Park, the Parks and Recreation Committee recommended that the wetlands in the park be delineated (officially identified and surveyed.) The plan anticipates possible improvements to and around the wetland in the future. • The city engineer has a crew performing wetland delineations as part of the 2007 road improvement project. There is an opportunity to have this crew delineate the wetland in the park at the same time, potentially saving some costs. The estimated cost for the delineation of the park wetland is approximately$1,500. • Funds for the work are available in the Parks Capital Improvement Fund. Recommendation: Before any other improvements can be made to the park, it is important to know the boundaries of the wetland. I recommend that the Council authorize the delineation of the wetland. Attachments/ • None Materials provided: Contact(s): Dave Smith, Park and Recreation Committee Chair(651 433-5018) Tom Peterson, City Engineer (651 604-4868) Prepared by: Anne Hurlburt, Administrator (lilleskogen wetland delineation) Page 1 of 1 04/24/07 Meeting Date: 5/1/2007 Agenda Item: 5, I,) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Consider approving the contract with the Lakes Area Youth Service Bureau for 2007 Deadline/ Timeline: N/A Background: • In previous years, the Township has signed agreements with the Youth Service Bureau (YSB) to provide health, social and recreational services to the residents of Scandia. • In return for these services, the Town made a lump sum payment to the organization. • The YSB has requested that the city sign a new contract for the term of January 1, 2007 through December 31, 2007, including a lump sump payment of$5,250.00(the same as in 2006.) • The 2007 budget includes funding for this service. Recommendation: I recommend that the Council approve the agreement, including the lump sum payment of$5,250.00, and authorize the Mayor to sign the contract. Attachments/ • Contract Materials provided: • Information on Lakes Area Youth Service Bureau Contact(s): Jeanne Walz, YSB Executive Director (651-464-3685) Prepared by: Anne Hurlburt, Administrator (ysb contract) Page 1 of 1 04/24/07 CONTRACT FOR HEALTH, SOCIAL, OR RECREATIONAL SERVICES WHEREAS, City of Scandia, Washington County, Minnesota (hereinafter"City") is authorized to contract with nonprofit organizations for health, social, and recreational services and City Council members considers the services to be in the public interest and good for the City; WHEREAS, Youth Service Bureau, (hereinafter"Organization") is a nonprofit organization that has the capability to provide health, social, or recreational services to those within City; WHEREAS, the City Council considers the services delivered by Organization to be in the public interest and good for City; NOW, THEREFORE, in consideration of the mutual promises made herein and for other valuable consideration the receipt of which is hereby acknowledged, City and Organization agree as follows: 1. Services Provided. Organization agrees to provide or make available the following services to those living with City: Attachment 2. Term. This Agreement shall be in effect for one year from January 1, 2007, through December 31, 2007. 3. Cost. City agrees to pay Organization a lump sum total of$5,250.00 for the services it is to provide under this Agreement. 4. Indemnifications, Hold Harmless, and Defend. Any and all claims that arise or may arise against Organization, its agents, servants, or employees as a consequence of any act or omission on the part of the Organization or its agents, servants, or employees while engaged in the performance of the Agreement shall in no way be the obligation or responsibility of City. Organization shall indemnify, hold harmless, and defend City, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which City, its officers, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of Organization, its agents, servants or employee, in the execution, performance, or failure to adequately perform Organization's obligations pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by City of any statutory limits or immunities from liability. 5. Independent Contractor. Organization acknowledges and agrees that it is an independent contractor and that nothing herein shall be construed to create the relationship of employer and employee between City and Organization or of any obligations or commitments beyond the terms of this Agreement. 6. Modification and Termination. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by City and Organization. City may terminate this Agreement, with or without cause, upon 30 days written notice. 7. Legal Compliance. Organization shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which Organization is responsible. Organization shall procure, at Organization's expense, all permits, licenses, or other rights required for the provision of the services contemplated by this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY ORGANIZATION City of Scandia Youth Service Bureau By: By: Signature of Chairperson Je Walz, Executive Director Date Date VIS/D ) Attest: City Clerk Main Office: 244 North Lake Street 1976 '" 2006 Forest Lake, MN 55025 Phone: 651- 464-3685 . Fax: 651- 464-3687 www.ysblakesarea.org Youth Service Bureau Ensuring the success of youth for 30 years. LAKES AREA YOUTH SERVICE BUREAU Founded in 1976 The Youth Service Bureau(YSB)provides support and guidance to youth ages 10-18 and their families. Our mission is to "Ensure the Success of Youth"by offering programs and services that reflect our belief that youth will be successful when relationships are strong, communities are caring, families are involved and supportive, harmony is restored and youth have the skills and opportunities for citizenship. Parent involvement is essential to all services provided by the YSB. Our main office is located at 244 N. Lake Street in Forest Lake, with a satellite office at 6448 Main Street(Hwy 95) in North Branch. Financial support from counties, local communities, the Greater Twin Cities United Way and others allow our fees to remain low. Programs are offered to residents of the Forest Lake School District communities in Washington and Anoka counties, and all of Chisago County. Main telephone number: 651-464-3685 STAFF YSB direct service staff are qualified, experienced professionals. Executive Director Jeanne.Walzsblakesarea.org Jeanne Walz Prevention Education Coordinator Carrie Dobie Community Justice Case Manager Matt Howard Community Justice Case Manager Amy Strunk Community Justice Worker Carrie Fink Youth& Family Counselor Kari Lyn Wampler, MA Parent Education Coordinator Jackie Hays Support Staff: Development&Marketing Manager Pam Trudeau Development Assistant Sara Bierschwale Coordinator of Support Services Linda Pasicznyk Statistical Specialist Lou Arnold Receptionist Jenny Tyrrell Evening Receptionists Brianna Strunk Shawn Thompson Clinical Supervision(Human Services Inc.) Gary Goolsbee, LICSW Youth Service Bureau Programs & Services PREVENTION SERVICES GOAL: Help youth develop internal assets for a healthy identity. LEADERSHIP DEVELOPMENT: Youth Advisory Board: Two Youth Advisory Boards have been formed; one in the Forest Lake School District and another in the North Branch School District. These groups of youth volunteers, who are in grades 7-12, serves as youth advocates to the Board of Directors of the Youth Service Bureau. They assist the Youth Service Bureau to better understand the needs of young people in a changing and growing community, helping staff to identify programming gaps and opportunities. Both groups also complete community service projects throughout the year. These experiences are planned and facilitated by the group, and the projects themselves are voted on as a team. Volunteer Opportunities: Junior and senior high students volunteer for the Youth Service Bureau as program aides working with younger children, and participate in community activities and local festivals in the area on behalf of YSB. Girls Program Planning Initiative: This initiative builds on the success the YSB had with our Dreams With Wings—mother/daughter conference, and recognizes that the needs of girls are continually changing. Girls and adult women meet on a regular basis to determine the needs of girls and how we can best work to meet these needs. The planning initiative, as well as the programs resulting from the planning meetings, all reflect the goals of connecting girls to adult female role models, fostering self-esteem development and positive decision-making, and allowing girls to interact with peers in a safe and relaxed atmosphere. As a result of this initiative, the program Coffee Talk, which is listed below, was formed. Youth As Resources (YAR): This initiative supports the skills, ideas, and energy of youth to engage in asset-building activities. YAR provides small grants to youth-lead projects making a difference in their community within the North Branch school district. YAR is provided in collaboration with North Branch Area Schools Community Education and the Initiative Foundation. SUMMER PROGRAMMING: Programs are held in local communities to help youth learn, engage in positive social interactions with peers and caring adults, and have fun at the same time. Some fees are charged. Activities vary each summer based on community needs. Some of the activities include: Forest Lake Safety Camp: For kids in grades 1-6, this camp is two days packed full of fun activities teaching bike, water, electrical, and fire safety. Forest Lake Police Department, Forest Lake Lions Club, a variety of local businesses and the YSB sponsor this camp. Senior/Youth Job Connection: The Senior/Youth Job Connection program is a referral service, providing seniors with affordable help for almost any of their household chores. The Job Connection links youth ages 12-15 with adults aged 55 and older in the Forest Lake area that need extra help and are willing to work with youth. Seniors negotiate wages with the youth worker. Youth workers are available year round. Outdoor Adventure Boys Camp- For boys entering 4`h-6th grades, this is a self-esteem building day camp where boys participate in activities such as: archery, canoeing, mountain biking, orienteering,building survival shelters, fishing, team challenges, and starting campfires with flint and steel that we cook our lunch over on the last day. This is a camp for any boys interested in learning about the outdoors. Boys of any skill and knowledge level are encouraged to attend. This Youth Service Bureau camp is set up to encourage teamwork and build self-esteem. Participants are put into 4 or 5 person teams with a high school age junior counselor to help oversee and guide the group throughout the four days. The camp is set in a beautiful spot on Big Marine Lake and has neat opportunities to get into the woods and experience nature. OUT OF SCHOOL TIME RECREATIONAL PROGRAMMING GOAL: To partner with area businesses and organizations to develop and offer safe, supervised and enriching activities for youth grades 6 and up during non-school hours; minimizing involvement in juvenile delinquent behavior through positive social experiences and connections with caring adults. Coffee Talk: Through the Girls Program Planning Initiative, the Coffee Talk program was developed in direct response the girls desire to feel more connected to adult women with whom they could talk to about anything, without fear of being judged. Coffee Talk meets every other week for an hour at local coffee houses in Forest Lake, Wyoming, and North Branch. Coffee Talk is open to all High School girls, and conversations are youth led with topics ranging from boys, childhood, college, parents, friends, and so much more. Coffee Talk is free program, with the exception of beverages and snacks that the girls choose to purchase. All Coffee Talk participants get a free Coffee Talk travel mug. Youth and Adult Pool Tourneys: YSB partners with Upper Deck Bar and Grill to bring pool tourneys to Forest Lake area youth and their adult partners. These tourney are offered multiple times throughout the year and have grown in popularity. All youth participants receive ribbons or trophies. This is a smoke and alcohol free event, and a DJ spins music to keep the atmosphere lively. Teen Game Time at the YSB: Every Sunday throughout the year(excluding holidays), YSB opens its doors to youth in grades 7-9 from 2-5pm. This program allows youth the opportunity to interact with other teens through fun activities like X-Box, board games, cards, and much more. This is a free program for youth. Teen Lock-Ins. The teen lock-ins are designed for youth grades 7-9. Youth start the evening out at a movie theater at 9:30 pm where they enjoy viewing a featured movie while snacking on pop and popcorn. After the movie, the youth are transported by bus to the Junior High School for open gym, dancing, and pizza. Following this activity, the youth are again transported to a bowling alley where they are able to enjoy cosmic bowling. Parents pick up the youth the next morning at 6:00 am. This program is provided in partnership with Forest Lake Area Schools Community Education. YOUTH & FAMILY COUNSELING PARENTING SERVCES GOAL: Strengthen skill development and build healthy family relationships. Services are offered through the YSB to assist individuals and families experiencing changes within the family, school problems, personal problems, and high-risk behaviors. The YSB contracts with schools or school districts to provide counseling services as requested. 4 • Youth & Family Counseling: provides immediate professional support to help families work through issues such as power struggles between kids and parents, youth acting out at home or at school, strengthening communication skill development, and building healthy relationships. Counseling is provided in various formats for both children and their parents including one-on-one sessions, group counseling, and telephone support. YSB counseling is short-term in nature. Through this program, youth and families also receive resource and referral when long-term support is appropriate. No one is refused services because of an inability to pay. Perspective clients are asked to access their health insurance coverage before coming to the YSB for services. • Crisis Services: provide help for youth and families in the midst of a crisis such as when youth experience suicidal thoughts or runaway from home. When appropriate, referral to additional services will be given. • Parenting Support and Education Programs: are designed to increase the capacity of struggling parents to parent effectively by empowering them with skills, knowledge, and resources -both professional and personal. Services include community-based parenting education programs designed to eliminate barriers between youth and family members. Resources are available through a variety of media including classes, videos, printed material, parenting telephone sessions, and parenting counseling sessions. Programs and outreach efforts are specifically designed to reach at-risk families who are often resistant to accessing support programs. • REACH Anger Management Group: is designed to help youth ages 13-15 look at and address their anger. Youth who desire to understand their anger, what to quit hurting people around them or whose anger is interfering with life goals should attend this group. Weekly 8 sessions. • Circle of Parents: is a support group for parents of teens ages 12-18 years. This program promotes positive parenting, healthy families and homes where children are loved and valued. The group meets twice a month at the YSB in Forest Lake and is lead by a trained group facilitator and a parent leader. The Circle of Parents is free to anyone who wants to join. Parents are able to exchange information and ideas, as well as receive support from other parents in their community. _:,,.;,,,;, , i „. v„- „.J, i rri COMMUNITY JUSTICE SERVICES i GOAL: Hold youth offenders accountable with input from victims. bir ,,, The YSB's Community Justice Program works to meet the needs of all those involved when a criminal offense occurs: offender, victim, and the community. The offender is expected to take responsibility for his/her actions, to understand the effect of the offense on the victim, to make amends for the offense, and be accepted back into the community. This program works in conjunction with schools, law enforcement, liaison officers, and counties. Young people referred to the Community Justice Program complete a contract with the Youth Service Bureau. Parents are required to be involved. Offenders are asked to participate in weekly peer groups, attend educational seminars, complete community service hours, and appear before a panel of community volunteers. The goal of the panel is to help the offender realize the impact his or her offense has had on the community. The victim is also involved throughout the process. A core group of fifty trained volunteers provide a minimum of three hours of services each month to the Community Justice Program. Educational classes and programs include: Choice & Consequence, Chemical Awareness, and Tobacco Awareness. Diversion Program/Community Work Service The Youth Service Bureau arranges placement of youth needing to complete community work service hours. The YSB offers a service-learning approach to community service. Placements are made throughout the community and some work crew opportunities are available. Emphasis is also placed on youth and families working together to complete community work service. Offenders Age 12 and Under Participants complete a program that includes discussion on making choices,how their actions affected themselves and others, and learning skills to prevent further offenses. Suspension Program: YSB offers a safe, supervised setting for elementary and junior high school students who have been suspended from school. lama 1 • 4 4 E q J PROGRAM SUPPORT GOAL: Support staff in the most efficient and effective way possible. Adult Volunteer Opportunities Volunteer Advocate: A volunteer advocate is a caring adult who is trained by the YSB and assigned to work with YSB clients in a variety of ways. The advocate is matched with a client and together with the YSB, a plan is developed that will meet the needs of the young person. Interested adults can call for an application and interview appointment. Community Justice Community Volunteer Panel: Trained adult volunteers represent victims and the community on the Community Justice Program's community panel. Offenders appear before the panel to review the harmful consequences that their actions have had on themselves, the victim, and the community. A commitment of one Monday per month for 3 hours is requested. The YSB provides training, supervision and support to each panel member. Parent Advocate Volunteer, Community Justice Program: Parent Advocate Volunteers facilitate a one-hour session aimed at helping parents share ideas and support each other during a challenging time for both parents and adolescents. Volunteers will also talk to parents about asset building. By building assets in youth, they are much less likely to participate in high-risk behaviors such as chemical use, violence, and skipping school. Positions available for adults. Orientation and training provided. Peer Group Facilitator Volunteer, Community Justice Program: Meet with a small group (4-8) of youth who are participating in Peer Groups as part of the Community Justice Program. Lead them through activities and discussions on a variety of topics relevant to teens including: communication, girls' issues, chemical issues, life skills, and peaceful alternatives to conflict. Flexible schedule in afternoons/evenings, one or more days per month. Follow-Up Specialist Volunteer, Community Justice Program: From the YSB office, make phone calls to youth and their parents to review their status in the Community Justice Program, get them signed up for classes, panels, or community work service. Volunteers will also contact past Community Justice participants to check in with them on how they are doing and offer any additional services as needed. Flexible schedule in afternoons/evenings, one or more days per month. Peace Garden Volunteer: In recognition of our 25th anniversary in 2001, YSB staff and volunteers developed a Peace Garden in the front yard of the Forest Lake office. Youth and adult volunteers are needed to work with YSB staff and a University of Minnesota Certified Master Gardener to further develop and maintain the Peace Garden. No green thumb or gardening knowledge required! Positions available for youth and adults. Flexible schedule. Office Assistant Volunteer: Organize, copy, collate, prepare mailings, etc. YSB staff occasionally needs some extra sets of hands to work with various projects in the YSB office. Positions available for youth and adults. Flexible schedule. RECOGNITION YSB recognizes that our volunteers and members of the community partner with us to ensure the success of youth: • On Behalf of Youth Award: This annual award recognizes the efforts of a youth and an adult individual dedicated to helping youth in the community. • James Trudeau Law Enforcement Award: This award recognizes the efforts of law enforcement personnel on behalf of youth. • Volunteer Recognition Reception: YSB invites our Community Justice volunteers to a gathering each spring so we can recognize and thank them for their service to youth, families and communities. • Annual Report: All donations, in-kind gifts and volunteer services are recognized in our annual report. Please visit our website, www.ysblakesarea.org, for more information on each of our programs and services. Forest Lake Area Youth Service Bureau (YSB) Client Year in Review Highlights In 2006, the YSB worked with 1,206 youth, families and volunteers 478 first-time and low-level youth offenders 82 at-risk youth and their families were provided counseling and support 438 children and youth participated in prevention services. 110 families in our communities received parenting services 98 community adults participated as volunteers THE IMPACT OF OUR WORK Community Justice/Diversion Services • 90%-of youth referred to the program due to illegal activities (property offenses, assault, alcohol and drug offenses, status offenses)had no further involvement with the juvenile justice system six months after program completion. • 89% of youth completing the Community Justice/Diversion program show increased decision-making skills six months after program completion. • 89% of parents felt they would be able to communicate more effectively on this issue after attending the class. • 82% of parents believed that their child would make better choices as a result of what was learned during the program. • 86% of parents and youth got more out of the program than they thought they would! Youth and Family Counseling • 81% of clients completing counseling reported a significant improvement in the problem they addressed in counseling. Parenting Support Services • 82% of parents surveyed reported being better prepared to parent on a daily basis Youth After-School/Summer Activities • 65% reported that they would have been home alone, unsupervised, home with siblings or hanging out with friends had they not participated in the after-school activity. • 75% reported that having this program available made them feel that the community cared about them. • 89% reported that their participation in the activity was a good use of their time. Youth Community Service Participants • 98% felt that the work they did was meaningful • 93% felt better about themselves after doing community service • 95% felt valued and respected while doing the service • 98% felt the work they did was valuable to the site • 92%made a positive connection with an adult at the place where they did community service. • 69%of participants said they would volunteer as a result of doing community service. CONTRACT FOR HEALTH, SOCIAL, OR __Z (-n 5. q RECREATIONAL SERVICES WHEREAS,City of Scandia, Washington County, Minnesota(hereinafter "City") is authorized to contract with nonprofit organizations for health, social, and recreational services and City Council members considers the services to be in the public interest and good for the City; WHEREAS, Lakes Area Youth Service Bureau, (hereinafter"Organization") is a nonprofit organization that has the capability to provide health, social, or recreational services to those within City; WHEREAS,the City Council considers the services delivered by Organization to be in the public interest and good for City; NOW, THEREFORE, in consideration of the mutual promises made herein and for other valuable consideration the receipt of which is hereby acknowledged, City and Organization agree as follows: 1. Services Provided. Organization agrees to provide or make available the following services to those living with City: Attachment 2. Term. This Agreement shall be in effect for one year from January 1, 2007, through December 31, 2007. 3. Cost. City agrees to pay Organization a lump sum total of$5.250.00 for the services it is to provide under this Agreement. The Organization will make available to the City the financial records pertaining to expenditures of funds in connection with the Agreement for the purpose of an audit. The Organization agrees to furnish usage information required for effective research and evaluation. Confidentiality will be maintained in accordance with all applicable Federal and State statutes,regulations, rules and policies. The Organization agrees to maintain books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct an indirect costs of any nature incurred in the performance of this agreement. These records shall be subject at all reasonable times to inspection, review or audit by personnel of the City. The Organization agrees to maintain financial records for five (5) years for audit purposes. 4. Indemnifications, Hold Harmless, and Defend. Any and all claims that arise or may arise against Organization, its agents, servants, or employees as a consequence of any act or omission on the part of the Organization or its agents, servants, or employees while engaged in the performance of the Agreement shall in no way be the obligation or responsibility of City. Organization shall indemnify, hold harmless, and defend City, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which City, its officers, agents, or employees may hereafter sustain, incur,or be required to pay, arising out of or by reason of any act or omission of Organization, its agents, servants or employee, in the execution, performance, or failure to adequately perform Organization's obligations pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by City of any statutory limits or immunities from liability. 5. Independent Contractor. Organization acknowledges and agrees that it is an independent contractor and that nothing herein shall be construed to create the relationship of employer and employee between City and Organization or of any obligations or commitments beyond the terms of this Agreement. 6. Modification and Termination. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by City and Organization. This agreement may be cancelled by either party, with or without cause, upon 30 days written notice, delivered by mail or in person. No claim for services furnished by the Organization, not specifically provided in the Agreement, will be allowed by the City, unless approved in writing by the City. Such approval shall be considered a modification of the Agreement. 7. Legal Compliance. Organization shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which Organization is responsible. Organization shall procure, at Organization's expense, all permits, licenses, or other rights required for the provision of the services contemplated by this Agreement. The Organization shall not enter into subcontracts for any of the work contemplated under this Agreement without written approval of the City. All subcontracts shall be subject to the requirements of this agreement. The Organization shall be responsible for the performance of any subcontractor. 8. Insurance: The Organization will at all times during the term of this contract have and keep in force: a) comprehensive general liability insurance policy in the amount of$1,000,000 per occurrence. b) workers compensation insurance c)professional liability insurance, in the amount of$1,000,000 each loss and aggregate for each policy period. 9. Affirmative Action: In accordance with Affirmative Action Policies against discrimination, no person shall, on the grounds of race, color, religion, age, sex, disability,marital status, sexual orientation,public assistance status, ex-offender status, or national origin,be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provisions of any and all applicable federal and state laws against discrimination. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY ORGANIZATION City of Scandia Lakes Area Youth Service Bureau By: By: eanrre C9ala Mayor Jeanne Walz, Executive Director Date Date 4-30-07 Attest: City Clerk LAKES AREA YOUTH SERVICE BUREAU Founded in 1976 The Youth Service Bureau (YSB) provides support and guidance to youth ages 10-18 and their families. Our mission is to "Ensure the Success of Youth"by offering programs and services that reflect our belief that youth will be successful when relationships are strong, communities are caring, families are involved and supportive, harmony is restored and youth have the skills and opportunities for citizenship. Parent involvement is essential to all services provided by the YSB. Our main office is located at 244 N. Lake Street in Forest Lake, with a satellite office at 6448 Main Street (Hwy 95) in North Branch. Financial support from counties, local communities, the Greater Twin Cities United Way and others allow our fees to remain low. Programs are offered to residents of the Forest Lake School District communities in Washington and Anoka counties, and all of Chisago County. Main telephone number: 651-464-3685 STAFF YSB direct service staff are qualified, experienced professionals. Executive Director Jeanne.Walzaysblakesarea.org Jeanne Walz Prevention Education Coordinator Carrie Dobie Community Justice Case Manager Matt Howard Community Justice Case Manager Amy Strunk Community Justice Worker Carrie Fink Youth& Family Counselor Kari Lyn Wampler, MA Parent Education Coordinator Jackie Hays Support Staff: Development& Marketing Manager Pam Trudeau Development Assistant Sara Bierschwale Coordinator of Support Services Linda Pasicznyk Statistical Specialist Lou Arnold Receptionist Jenny Tyrrell Evening Receptionists Brianna Strunk Shawn Thompson Clinical Supervision (Human Services Inc.) Gary Goolsbee, LICSW Youth Service Bureau Programs & Services krAt PREVENTION SERVICES GOAL: Help youth develop internal assets for a healthy identity. • LEADERSHIP DEVELOPMENT: Youth Advisory Board: Two Youth Advisory Boards have been formed; one in the Forest Lake School District and another in the North Branch School District. These groups of youth volunteers, who are in grades 7-12, serves as youth advocates to the Board of Directors of the Youth Service Bureau. They assist the Youth Service Bureau to better understand the needs of young people in a changing and growing community, helping staff to identify programming gaps and opportunities. Both groups also complete community service projects throughout the year. These experiences are planned and facilitated by the group, and the projects themselves are voted on as a team. Volunteer Opportunities: Junior and senior high students volunteer for the Youth Service Bureau as program aides working with younger children, and participate in community activities and local festivals in the area on behalf of YSB. Girls Program Planning Initiative: This initiative builds on the success the YSB had with our Dreams With Wings—mother/daughter conference, and recognizes that the needs of girls are continually changing. Girls and adult women meet on a regular basis to determine the needs of girls and how we can best work to meet these needs. The planning initiative, as well as the programs resulting from the planning meetings, all reflect the goals of connecting girls to adult female role models, fostering self-esteem development and positive decision-making, and allowing girls to interact with peers in a safe and relaxed atmosphere. As a result of this initiative, the program Coffee Talk, which is listed below, was formed. Youth As Resources (YAR): This initiative supports the skills, ideas, and energy of youth to engage in asset-building activities. YAR provides small grants to youth-lead projects making a difference in their community within the North Branch school district. YAR is provided in collaboration with North Branch Area Schools Community Education and the Initiative Foundation. SUMMER PROGRAMMING: Programs are held in local communities to help youth learn, engage in positive social interactions with peers and caring adults, and have fun at the same time. Some fees are charged. Activities vary each summer based on community needs. Some of the activities include: Forest Lake Safety Camp: For kids in grades 1-6, this camp is two days packed full of fun activities teaching bike, water, electrical, and fire safety. Forest Lake Police Department, Forest Lake Lions Club, a variety of local businesses and the YSB sponsor this camp. Senior/Youth Job Connection: The Senior/Youth Job Connection program is a referral service, providing seniors with affordable help for almost any of their household chores. The Job Connection links youth ages 12-15 with adults aged 55 and older in the Forest Lake area that need extra help and are willing to work with youth. Seniors negotiate wages with the youth worker. Youth workers are available year round. Outdoor Adventure Boys Camp- For boys entering 4th-6th grades, this is a self-esteem building day camp where boys participate in activities such as: archery, canoeing, mountain biking, orienteering, building survival shelters, fishing, team challenges, and starting campfires with flint and steel that we cook our lunch over on the last day. This is a camp for any boys interested in learning about the outdoors. Boys of any skill and knowledge level are encouraged to attend. This Youth Service Bureau camp is set up to encourage teamwork and build self-esteem. Participants are put into 4 or 5 person teams with a high school age junior counselor to help oversee and guide the group throughout the four days. The camp is set in a beautiful spot on Big Marine Lake and has neat opportunities to get into the woods and experience nature. OUT OF SCHOOL TIME RECREATIONAL PROGRAMMING GOAL: To partner with area businesses and organizations to develop and offer safe, supervised and enriching activities for youth grades 6 and up during non-school hours; minimizing involvement in juvenile delinquent behavior through positive social experiences and connections with caring adults. Coffee Talk: Through the Girls Program Planning Initiative, the Coffee Talk program was developed in direct response the girls desire to feel more connected to adult women with whom they could talk to about anything, without fear of being judged. Coffee Talk meets every other week for an hour at local coffee houses in Forest Lake, Wyoming, and North Branch. Coffee Talk is open to all High School girls, and conversations are youth led with topics ranging from boys, childhood, college, parents, friends, and so much more. Coffee Talk is free program, with the exception of beverages and snacks that the girls choose to purchase. All Coffee Talk participants get a free Coffee Talk travel mug. Youth and Adult Pool Tourneys: YSB partners with Upper Deck Bar and Grill to bring pool tourneys to Forest Lake area youth and their adult partners. These tourney are offered multiple times throughout the year and have grown in popularity. All youth participants receive ribbons or trophies. This is a smoke and alcohol free event, and a DJ spins music to keep the atmosphere lively. Teen Game Time at the YSB: Every Sunday throughout the year(excluding holidays), YSB opens its doors to youth in grades 7-9 from 2-5pm. This program allows youth the opportunity to interact with other teens through fun activities like X-Box, board games, cards, and much more. This is a free program for youth. Teen Lock-Ins. The teen lock-ins are designed for youth grades 7-9. Youth start the evening out at a movie theater at 9:30 pm where they enjoy viewing a featured movie while snacking on pop and popcorn. After the movie, the youth are transported by bus to the Junior High School for open gym, dancing, and pizza. Following this activity, the youth are again transported to a bowling alley where they are able to enjoy cosmic bowling. Parents pick up the youth the next morning at 6:00 am. This program is provided in partnership with Forest Lake Area Schools Community Education. YOUTH & FAMILY COUNSELING PARENTING SERVCES GOAL: Strengthen skill development and build healthy family relationships. Services are offered through the YSB to assist individuals and families experiencing changes within the family, school problems, personal problems, and high-risk behaviors. The YSB contracts with schools or school districts to provide counseling services as requested. -li • Youth & Family Counseling: provides immediate fi professional support to help families work through issues such . as power struggles between kids and parents, youth acting out - at home or at school, strengthening communication skill development, and building healthy relationships. Counseling is provided in various formats for both children and their parents including one-on-one sessions, group counseling, and telephone support. YSB counseling is short-term in nature. Through this program, youth and families also receive resource and referral when long-term support is appropriate. No one is refused services because of an inability to pay. Perspective clients are asked to access their health insurance coverage before coming to the YSB for services. • Crisis Services: provide help for youth and families in the midst of a crisis such as when youth experience suicidal thoughts or runaway from home. When appropriate, referral to additional services will be given. • Parenting Support and Education Programs: are designed to increase the capacity of struggling parents to parent effectively by empowering them with skills, knowledge, and resources -both professional and personal. Services include community-based parenting education programs designed to eliminate barriers between youth and family members. Resources are available through a variety of media including classes, videos, printed material, parenting telephone sessions, and parenting counseling sessions. Programs and outreach efforts are specifically designed to reach at-risk families who are often resistant to accessing support programs. • REACH Anger Management Group: is designed to help youth ages 13-15 look at and address their anger. Youth who desire to understand their anger, what to quit hurting people around them or whose anger is interfering with life goals should attend this group. Weekly 8 sessions. • Circle of Parents: is a support group for parents of teens ages 12-18 years. This program promotes positive parenting,healthy families and homes where children are loved and valued. The group meets twice a month at the YSB in Forest Lake and is lead by a trained group facilitator and a parent leader. The Circle of Parents is free to anyone who wants to join. Parents are able to exchange information and ideas, as well as receive support from other parents in their community. A f COMMUNITY JUSTICE SERVICES ' GOAL: Hold youth offenders accountable with input from victims. ...a.� �, The YSB's Community Justice Program works to meet the needs of all those involved when a criminal offense occurs: offender, victim, and the community. The offender is expected to take responsibility for his/her actions, to understand the effect of the offense on the victim, to make amends for the offense, and be accepted back into the community. This program works in conjunction with schools, law enforcement, liaison officers, and counties. Young people referred to the Community Justice Program complete a contract with the Youth Service Bureau. Parents are required to be involved. Offenders are asked to participate in weekly peer groups, attend educational seminars, complete community service hours, and appear before a panel of community volunteers. The goal of the panel is to help the offender realize the impact his or her offense has had on the community. The victim is also involved throughout the process. A core group of fifty trained volunteers provide a minimum of three hours of services each month to the Community Justice Program. Educational classes and programs include: Choice& Consequence, Chemical Awareness, and Tobacco Awareness. Diversion Program/Community Work Service The Youth Service Bureau arranges placement of youth needing to complete community work service hours. The YSB offers a service-learning approach to community service. Placements are made throughout the community and some work crew opportunities are available. Emphasis is also placed on youth and families working together to complete community work service. Offenders Age 12 and Under Participants complete a program that includes discussion on making choices, how their actions affected themselves and others, and learning skills to prevent further offenses. Suspension Program: YSB offers a safe, supervised setting for elementary and junior high school students who have been suspended from school. ' � t I 5 16.1 ;,y 1 PROGRAM SUPPORT GOAL: Support staff in the most efficient and effective way possible. Adult Volunteer Opportunities Volunteer Advocate: A volunteer advocate is a caring adult who is trained by the YSB and assigned to work with YSB clients in a variety of ways. The advocate is matched with a client and together with the YSB, a plan is developed that will meet the needs of the young person. Interested adults can call for an application and interview appointment. Community Justice Community Volunteer Panel: Trained adult volunteers represent victims and the community on the Community Justice Program's community panel. Offenders appear before the panel to review the harmful consequences that their actions have had on themselves, the victim, and the community. A commitment of one Monday per month for 3 hours is requested. The YSB provides training, supervision and support to each panel member. Parent Advocate Volunteer, Community Justice Program: Parent Advocate Volunteers facilitate a one-hour session aimed at helping parents share ideas and support each other during a challenging time for both parents and adolescents. Volunteers will also talk to parents about asset building. By building assets in youth, they are much less likely to participate in high-risk behaviors such as chemical use, violence, and skipping school. Positions available for adults. Orientation and training provided. Peer Group Facilitator Volunteer, Community Justice Program: Meet with a small group (4-8) of youth who are participating in Peer Groups as part of the Community Justice Program. Lead them through activities and discussions on a variety of topics relevant to teens including: communication, girls' issues, chemical issues, life skills, and peaceful alternatives to conflict. Flexible schedule in afternoons/evenings, one or more days per month. Follow-Up Specialist Volunteer, Community Justice Program: From the YSB office,make phone calls to youth and their parents to review their status in the Community Justice Program, get them signed up for classes, panels, or community work service. Volunteers will also contact past Community Justice participants to check in with them on how they are doing and offer any additional services as needed. Flexible schedule in afternoons/evenings, one or more days per month. Peace Garden Volunteer: In recognition of our 25th anniversary in 2001, YSB staff and volunteers developed a Peace Garden in the front yard of the Forest Lake office. Youth and adult volunteers are needed to work with YSB staff and a University of Minnesota Certified Master Gardener to further develop and maintain the Peace Garden. No green thumb or gardening knowledge required! Positions available for youth and adults. Flexible schedule. Office Assistant Volunteer: Organize, copy, collate, prepare mailings, etc. YSB staff occasionally needs some extra sets of hands to work with various projects in the YSB office. Positions available for youth and adults. Flexible schedule. RECOGNITION YSB recognizes that our volunteers and members of the community partner with us to ensure the success of youth: • On Behalf of Youth Award: This annual award recognizes the efforts of a youth and an adult individual dedicated to helping youth in the community. • James Trudeau Law Enforcement Award: This award recognizes the efforts of law enforcement personnel on behalf of youth. • Volunteer Recognition Reception: YSB invites our Community Justice volunteers to a gathering each spring so we can recognize and thank them for their service to youth, families and communities. • Annual Report: All donations, in-kind gifts and volunteer services are recognized in our annual report. Please visit our website, www.ysblakesarea.org, for more information on each of our programs and services. Forest Lake Area Youth Service Bureau (YSB) Client Year in Review Highlights In 2006, the YSB worked with 1,206 youth, families and volunteers 478 first-time and low-level youth offenders 82 at-risk youth and their families were provided counseling and support 438 children and youth participated in prevention services. 110 families in our communities received parenting services 98 community adults participated as volunteers THE IMPACT OF OUR WORK Community Justice/Diversion Services • 90%-of youth referred to the program due to illegal activities (property offenses, assault, alcohol and drug offenses, status offenses)had no further involvement with the juvenile justice system six months after program completion. • 89% of youth completing the Community Justice/Diversion program show increased decision-making skills six months after program completion. • 89% of parents felt they would be able to communicate more effectively on this issue after attending the class. • 82% of parents believed that their child would make better choices as a result of what was learned during the program. • 86% of parents and youth got more out of the program than they thought they would! Youth and Family Counseling • 81% of clients completing counseling reported a significant improvement in the problem they addressed in counseling. Parenting Support Services • 82% of parents surveyed reported being better prepared to parent on a daily basis Youth After-School/Summer Activities • 65°A) reported that they would have been home alone, unsupervised,home with siblings or hanging out with friends had they not participated in the after-school activity. • 75% reported that having this program available made them feel that the community cared about them. • 89% reported that their participation in the activity was a good use of their time. Youth Community Service Participants • 98% felt that the work they did was meaningful • 93% felt better about themselves after doing community service • 95% felt valued and respected while doing the service • 98% felt the work they did was valuable to the site • 92%made a positive connection with an adult at the place where they did community service. • 69% of participants said they would volunteer as a result of doing community service. Meeting Date: 5/1/2007 Agenda Item: 5� -e--) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651)433-2274 Action Requested: Discuss Councilmember attendance at 2007 League of Minnesota Cities Annual Conference Deadline/ Timeline: Conference is June 27-29, 2007 Early registration deadline has been extended to May 4, 2007 Background: • The 2007 conference will be held in Duluth. Council policy requires prior authorization for conference registration fees and any travel requiring an overnight stay. • The conference includes many educational and networking opportunities that the Council may find valuable. A copy of the conference brochure is attached. • The cost of full conference registration is $240 for newly elected officials, if received by May 4. The cost of accommodations, meals and travel would be additional. • Councilmember Yehle has expressed interest in attending the conference. Others may also wish to attend. • The 2007 budget does not include funds specifically earmarked for this expense. Recommendation: I recommend that the Council discuss whether or not Scandia officials should attend the conference, and approve the expenditures for any council members authorized to attend. Attachments/ • Conference brochure Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (LMC conference) Page 1 of 1 04/24/07 League of Minnesota Cities 2007 . nn 1 ,, ,T 7�; „,�ft r-. uaConference �� {� and marketplace et 1�� �� �� „,,,,, , �� pace r4 �r ,4 ` x ,, � June 27-29, 2007 • Duluth Entertainment III : 1.P4 < .. n" Convention Center "OP a `61'1,,t-,44'y A,xl'r�`v,Z°' ta' ,.,u. `:yr A ��� Supplement�Q 1�b 4r'J„"gym.,rS,,,„,4.'....i 5 �", f• �i'taPr s Cites F "te Pere is o'a,C PID�Iit ttioi1 -'Y ..,,'' ' AfriFt4 11.410 4.-0AttineVt4 ,,,,3,1i,,,411 - - .e.-,a_-.& . ,..1,, ,o, ' Ill. er , , ?„,t,r,,,;:e4v024, 11 ,,,,ws,4 , Liam , ek- A.-', -, „„,,, ,,,,.„, , , 7'74r,,,•i*, ,44 i.„,„,--- CONFERENCE FEES Register before April 27 to get the best rates! A.; Early registration(through April 27) •Full-conference } $340 When elected officials, city staff, and community if As my city's priorities and issues have $100 Discount for , $—Cities under 1,000 pop. $240 changed over the years,I've always —Newly elected officials $240 4 members come together to define a shared vision, found information that relates to my •Thursday-only $200 ,, it can be powerful and unifying. g city's situation.I focus on being a Late registration(after April 27) mentor to those just starting out •Full-conference $400 •Thursday-only $300 and share what I have Engaging everyone in the planning and prioritization necessary to realize learned from others.,!f that vision is hard work,to be sure.Yet it can result in real empowerment 16 Sponsored by: Marvin Johnson, GOLD BUSINESS PARTNER where each individual has a role in making the vision a reality. Independence mayor Ehlers and Associates,Inc. SILVER BUSINESS PARTNERS At this conference, you'll explore new ways of uniting people to create a Springsted Incorporated Voyageur Asset Management better community.You'll also get concrete, practical guidance and ideas Ai BRONZE BUSINESS PARTNERS I attend the Annual Conference for my 13onestroo on other topics to help you meet the daily challenges and opportunities of own benefit and the benefit of the people Briggs and Morgan,P.A. I serve.It's a great opportunity Dorsey and Whitney LLP city service. Hamline University— to learn,share and grow N. Graduate School of Management as an elected official.I, Johnson Controls,Inc. Kennedy&Graven,Chartered ,�,^. Olson Associates LMC Register online at: www.lmnc.org Sandra Means, 4. Waste Management of Minnesota LL„ �;,°°,.".1!;,;,off Rochester councilmember " Gene - ions Roundtables Special Interest Roundtable Discussions Opening Keynote Speaker 2007 Legislative Recap and Policy Development Wednesday,June 27-1:45-3 p.m. Paul Loeb Friday, June 29— 8:30-9:30 a.m. 1. oata Practices Wednesday, June 27-3:15-5 p.m. Review the 2007 legislative session and discuss 2. Open Meeting Law Soul of a Citizen—Developing a Culture of issues likely to impact Minnesota cities when the 3. Joint Powers/Cooperative Working Agreements Civic Engagement Legislature convenes in 2008.Voice your city's 4. Beyond the Yellow Ribbon: Welcoming City Staff Back from Service in Iraq Paul Loeb talks about citizen respon- opinion on partnerships between cities and state 5. Blandin Foundation's Broadband Initiative It0,-.41111 sibility and empowerment,exploring and federal governments. Learn more about the 6. Vital Forests,Vital Communities °"". 7. Citizen Academies Paul Loebr why some people choose lives of League's legislative policies by participating in this 8. Media Case Studies social commitment, while others abstain. He component of the policy development process. addresses the need for local participation,even City-State Roundtable Conversations when it makes city officials'jobs more difficult! Closing Luncheon and Keynote Speakers Thursday,June 28-8:30-9:45 a.m. 1. Preparing your community for climate and He discusses how to have a common voice on big John Stetson and Terry Gips energy change issues—for instance how the Mayor of Seattle has Friday, June 29-11:15 a.m-12:45 p.m. 2. Minnesota Green Communities:Designing Global Warman Tails from the Front and energy-efficient,affordable,healthy homes inspired 400 mayors to agree to meet or exceed g- 3. Impact of the Maple Lake/Annandale decision Tales for Cities on development the Kyoto Protocol standards on global warming. 4. National Pollution Discharge Elimination System Loeb is author of The Impossible Will Take a Little Join John Stetson and his sled dogs- 5. Marketing JOB-Z opportunities While:A Citizen's Guide to Hope in a Time of Fear s s ' fresh from Will Steger's Global Warm- 6. How trees pay us back John Stetson ing 101 Expedition to Baffin Island- 7. Meeting the needs of an aging population and Soul of a Citizen:Living with Conviction in a 8. Conversation with the Secretary of State's Office Cynical Time. Learn more at www.paulloeb.org. to see and hear a first-hand account 9. Conversation with State Auditor Rebecca Otto W. �, about the impacts of global warming 10. Paper to digital imaging Terr Gips ,.1 and what these changes mean to our 11. Local address updating:Ensuring an accurate Census count in 2010 planet.Then, hear Terry Gips, president of Sustain- 12.Homeland Security Emergency Management: Service continuation in the event of a pandemic ability Associates,explain how cities across the na- 13. Pushing the Limits:Legislative update on tion are taking practical steps to curb global warming changing city boundaries 14. LMC Policy Committee-Transportation and develop a shared vision of sustainability. 15. LMC Policy Committee—Fiscal Futures 16. LMC Policy Committee-Sustainable Development 17. LMC Policy Committee—Housing LMC 2007 Annual Conference and Marketplace if An added bonus from the • Register for the conference conference was realizing and find hotel information online at: lmnc orb there were so many more League services than ever knew about. II Mobile Tina Rennemo, Workshops Baudette city °�Niel Wednesday, June 27-12:15-1:45 p.m. clerk-treasurer Becoming an Eco-Municipality Learn how Duluth pursues environmental sustainability in energy and economic development,the work of the city's Coalition for Economic Development, and how citizen WEDNESDAY DUNE 27 TNURSDAY JUNE2$ engagement fits into the mix. FRIDAY JUNE 29 Low-Income Housing as an Registration Opens , , , . Marketplace Grand Minnesota Mayors 7 a.m. 7 a.m. Finale and Grand Association Executive Economic Development Tool Prize Drawing Board Meeting Mobile Workshops Women In City 9:45-10:45 a.m. 7-7:30 a.m. Explore groundbreaking Duluth initiatives 12:15-1:45 p.m. Government Breakfast to incorporate low-income housing into 7-8:30 a.m. Concurrent Sessions 1 Minnesota Mayors Lunch on your own economic development, including visits to Lunch1:3 your 11 a.m.-12 p.m. Association Breakfast Coalition of Greater 7:30-8:30 a.m. Matterhorn Development, Hope 6, Harbor Special interest MN Cities Business Mayors Association Highlands, and San Marco apartments. Roundtables Meeting Luncheon and Past Presidents' Also, learn about how these projects lever- 1:45-3 p.m. 7348;30 a.m. LMC :1 al Meeting Breakfast 12:15-215-2:15 p.m. 7;30-8;30`a.m. aged public-private and multi-governmental Opening Ceremony, Minnesota Association relationships, included sustainable develop- Welcome,and of Small Cities Concurrent Sessions 11' Continental Breakfast Keynote Speaker Breakfast/Meeting 2:30-3:30 p.m. 7:348:30 a.m. ment practices, and involved citizens. Paul Loeb 7:30-8:30 a.m. 2007 Legislative Recap New LMC Board 3:15-5 p.m. Metro Cities Breakfast Member Orientation &Policy Development Marketplace 7:30-8:30 a.m. 2:30-3:30 p.m. 8:30-9:30 a.m. Grand Opening Concurrent Sessions IV 5-8 p.m. Continental Breakfast Concurrent Sessions 111 9:45-11 a.m. 7:30-8:30 a.m. 3:45-4:45 p.m. City Night Featuring Closing Luncheon and Sha-Boom&Renegade City-State Rountabie LMC Reception and Keynote Speakers Comedy Theater Conversations Awards Banquet John Stetson and Terry Gips 8-10 p.m. 8:30-9:45 a.m. 6-9 p.m. 11:15 a.m.-12:45 p.m. essions.k ,, . 4 Conference Tracks THURSDAY, JUNE 28 , CONFERENCE WITHIN A CONFERENCE CONCURRENT SESSIONS I City Services: Doing Good Better Figuring out your city's PR puzzle is hard work— issues you think are pretty low-key make headlines, 11 a.m.-12 p.m. Employee retirements, new technologies, and and those you want to highlight are sometimes citizen complaints may prompt you to evaluate the overlooked.The Conference Within a Conference ���., State of the Cities Report effectiveness and efficiency of your city's services. track is your chance to explore how to work public ,, relations into the many facets of city work. Learn about fiscal trends and issues impacting Learn what evaluation can accomplish,the steps The three sessions in this track include: " Minnesota cities,and how Minnesota compares involved, and methods for different sizes of cities. • Handling Controversial Decisions to other states in the region. You'll get examples and a checklist to get you • Building a Foundation for Positive Public Perception started. • Communicating with the Public When Your Keynote Follow-Up on Citizen Engagement City is Faced with a Lawsuit CONFERENCE WITHIN A CONFERENCE Keynote speaker Paul Loeb builds on the themes Handling Controversial Decisions NEWLY ELECTED OFFICIALS TRACK of his opening speech in a smaller, more intimate As a city official,you are charged with making Whether or not you attended the Leadership Conversation. In this setting you can ask follow-up Conference for Newly Elected Officials this past decisions for your community that often become winter,the sessions in this track provide valuable questions, explore your particular concerns,and controversial and are covered by media. Learn guidance as you continue your orientation to the draw on Loeb's experience in contemplating your what makes news, how reporters judge you,do's roles and responsibilities of an elected official. The four sessions in this track include: city's approach to citizen engagement. and don'ts for responding to media, and available • Building a Resource Network resources. • Avoiding Landmines Land Use Issues for Cities "Fee Factor"-- • Engineering and Public Works Using This Revenue Source Wisely NEWLY ELECTED OFFICIALS • Budgeting:The Role of Elected Officials as Setting city fees is not as easy as it might seem Policymakers Building a Resource Network given state regulations,consistency issues,and Groups and associations provide valuable informa- SMALL CITIES TRACK questions about what calculations to use.Get a tion and support to help elected officials be more Connect with officials from small cities and explore valuable overview of fee types,their place in an effective.Take this opportunity to get"snapshots" topics from the small-city perspective.The four sessions in this track include: overall revenue picture,and best practices. of the mission and services of the League of Minne- • Helping Small Business Survive-and Thrive -f:10 sota Cities, National League of Cities, Minnesota • HR Top Ten List Mayors Association,and many more! • Evaluating Top Personnel • Small City Success Stories LMC 2007 Annual Conference and Marketplace, Register for the conference and find hotel information online at: www.lmnc.org SMALL CITIES Can Cities Do Better by Doing Good? CONFERENCE WITHIN A CONFERENCE Helping Small Business Survive—and Thrive The Opportunity for Sustainability and the Building a Foundation for Positive Public Perception Small business represents more than 99 percent Natural Step Framework Explore the importance of creating a positive public of all employers and creates 80 percent of all Keynote speaker Terry Gips provides an introduction perception, including how transparency in city busi- new jobs.Are you doing enough to help retailers to sustainability and the Natural Step Framework, ness is the cornerstone. Learn the benefits of proac- and entrepreneurs in your community succeed? providing practical steps your city can take to save tive communication with the public and media,going Explore what small businesses need, available money,time,and the environment.This European the distance to garner public input, and how awards tools and resources, and steps cities can take. approach to sustainability is used by cities including and recognitions can help tell your city story. Santa Monica and businesses such as Home Depot + URSdAYy JUNE 28 and McDonald's. NEWLY ELECTED OFFICIALS Avoiding Landmines: Land Use Issues for Cities CONCURRENT SESSIONS II City officials face tough land use decisions, Economic Development— dealing with everythingfrom the financial interests 2:30-3:30 p.m. What Makes Sense for Your City? g of developers to neighborhood opposition. Learn Focus on the latest information on industry sectors, Workforce Planning— about making decisions that withstand legal chal- trends,and needs;how to determine which would How to Create an Agile Workplace lenges, including the 60-day rule and findings of match your city's assets and goals;and resources to As potential workers become more scarce and fact;when to act as a legislator and when to act as assist you.Be inspired by how one city is reinventing more selective, cities need to ask themselves a judge; acronyms and lingo;and practical advice. what they can do to become the employer of itself. choice. Explore ways to create a more appealing SMALL CITIES environment and flexible work arrangements to Street and Sidewalk Funding HR Top Ten List attract and retain employees,within the legal Dig into street and sidewalk funding issues to learn From hiring to retiring, personnel issues of all kinds constraints and realities of city size and location. about various options,tips for determining who confront city officials.This is especially true as compe- should pay,and what 429 is and why it matters. tition for workers mounts, health insurance costs rise, Also learn about policy issues such as how your plan and lawsuits increase. Here's a valuable summary of relates to design standards and long-term needs. the most important things to know,do,and avoid! 5 Coj[jrent Sessions THURSDAY, JUNE 28 CONCURRENT SESSIONS III CONFERENCE WITHIN A CONFERENCE 3:45-4:45 p.m. Communicating with the Public Going to Duluth Is a treat.The When Your City Is Faced with a Lawsuit Annual Conference sessions Workforce Planning—Creating an Agile Workplace When controversial issues transform into claims and are great everywhere, but When long-term employees leave,figuring out how to lawsuits,the need for timely, effective communication maintain their"know-how"—their technical expertise, becomes more important and more difficult. Explore Duluth offers a unique setting institutional knowledge,tips learned from experi how cities have hit home runs during crises and for networking and having fun. ence,and relationships—can be challenging. Explore how some have struck out,the impact of the Data why this knowledge matters and the importance of Practices Act and its implications for your commun- go back to work refreshed and planning, methods,and ways to avoid problems. ications during litigation,when to direct inquiries to rejuvenated from the Annual your attorney,and resources to help you. Conference.The benefits one Leading by Design—City Buildings Going Green Buildings have a major impact on the environment. NEWLY ELECTED OFFICIALS gets from the conference are Learn how Minnesota's Building, Benchmarks,and Engineering and Public Works cumulative—the more you go, Beyond(B3)and Leadership in Energy and Environ- Learn the basics of what the engineering and public the more you learn. 99 mental Design (LEED)design standards can guide works departments do, including their vocabulary! your city to conserve energy,support sustainability, Become fkgormation, Joel Young, and reduce lifetime costs. Become familiar with common issuesamiliar,andwith questions toround askinf so you can Chatfield city clerk the vocabulary,what's involved,and the economic make good policy decisions without becoming advantages of going green. an armchair engineer. Impact of Housing Challenges SMALL CITIES Foreclosures and lack of senior housing are just two Evaluating Top Personnel trends with major implications for a city's economic Although performance evaluation can be daunting, health and quality of life.A builder,economic devel it is key to a productive working relationship between opment director,and housing specialist share per council and staff. Presenters share(and demon - it on possible solutions and the city's role. strate!)the tools and processes to use for optimal results, "words to the wise,"and pitfalls to avoid. , LMC 2007 CONCURRENT SESSIONS IV NEWLY ELECTED OFFICIALS Annual Conference 9:45-11 a.m. Budgeting—The Role of Elected Officials and Marketplace as Policymakers Using Change to Your City's Advantage Striking a balance between the roles of fiscal policy- If you think change is, by nature,chaotic/and adver- maker and watchdog can be tough. Learn about the Register for the sarial, this session offers a different perspective! roles of electeds and staff in the budgeting process; conference and Discover ways to maximize the positive potential how to set goals,weigh alternatives,and avoid pitfalls; . items that oftenget short-changed;and how to main- insights hotel information of change—whether forced or proactive. Gain insights from city officials who have "navigated tain and monitor your city's finances. online at: the whitewater" successfully. wwvv imnc.org SMALL CITIES Small City Success Stories The Legal Dilemma— Litigate, Settle, Small cities struggle with losing young people to Negotiate, Arbitrate? larger cities and urban areas.What are the factors Does it seem like everyone wants to sue your city that make a "cool city?" Learn about the 10 factors about something?Become familiar with the realities that serve as a foundation for small city success, of today's legal environment,factors to consider in explore national and Minnesota-based successes, determining whether to go to trial, and the pros and and get food-for-thought on how to develop"Cool cons of other options. Cities Core Values." Stretching Public Safety Services Coordinating, collaborating, contracting, and consolidating are all options for successful service delivery. The best approach depends on your priori- ties, who can best provide certain services,and the willingness of nearby jurisdictions to work together. Learn what's involved, pros and cons,and factors to consider. - arn, have fun, 111 IAA • r a in one conference ! . . urt The Annual Conference and Marketplace is not only a great venue to keep current on important city issues, it's also a place where you can ' have fun, see old friends and make new ones, and get reenergized. •y8"/"' §�"�t;-j'c.w�� :At..t:s:r. A �, ;r . .Syr R �.. Arrive early to make the most of your time in Duluth—a city with count- - -. •, �( '' �=-= �_ ' less places and activities ripe for summertime recreation and relaxation. Register online at: www.lmnc.org Other networking Marketplace Grand Opening Continental Breakfast opportunities Wednesday, June 27-5-8 p.m. Thursday, June 28-7:30-8:30 a.m. Attend Casino Night in the Marketplace for professionally Join friends and vendors for breakfast before you Mayors Association Luncheon run card games, music, and food.Visit vendors for play attend the City-State Roundtable Conversations, both money to use at card tables, including Black Jack,Texas held in the exhibit hall. Get another chance to collect and LMC Annual Meeting Thursday, June 28, 12:15-2:15 p.m. Hold 'Em, and others in a night co-hosted by LMC and "LMC play money" to enter the grand prize drawing. the city of Duluth. Use "LMC play money"you collect Hear about what's new at the League when visiting vendor booths to enter door prize drawings, during a luncheon sponsored by the n.' or use your LMC play money at the card tables and City-State Roundtable Conversations " Thursday, June 28-8:30-9:45 a.m. Minnesota Mayors Association 4 parlay it into more play money—the more LMC play Explore issues that affect Minnesota communities .- - = money you gather from vendors,the more chances while making new connections with colleagues from LMC Reception and Awards Banquet you have to win door prizes! other cities. During these roundtables, you can learn Thursday, June 28, 6-9 p.m. , ' about and discuss LMC policies, meet with state After enjoying dinner with your friends, City Night agencies on issues such as housing, sustainability, celebrate excellence in city leadership Sha-Boom & Renegade Comedy Theater vital aging, and more. (See list on page 2.) with the presentation of the League's top Wednesday, June 27-8-10 p.m. awards—the C.C. Ludwig Award for Elected The Host City of Duluth invites you to dance to Marketplace Grand Finale Officials,the Leadership Award for Appoint- the sounds of Sha-Boom and enjoy the satire of Thursday, June 28-9:45-10:45 a.m. ed Officials, and City of Excellence Awards Renegade Comedy Theater! Visit exhibitors in a festive atmosphere and collect for specific city accomplishments. more "LMC play money."This is your last chance to enter the grand prize drawing to be held at the end of this event(you must be present to win). Meeting Date: 5/1/2007 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: Take the following actions regarding staffing of 2007 summer recreation programs: 1) Authorize the advertisement for and hiring of two part-time, seasonal Recreation Program Youth Leaders 2) Approve the hiring of the following instructors: Tennis—Violet Shortly, $10.00/hour Skateboarding—Joey Yetman, $12.00/hour and Neil Taurinskas, $10.00/hour Art—Kristen Stenborg, $12.00/hour 3) Authorize signature of an agreement with Sports Unlimited for staffing Lacrosse camps Deadline/ Timeline: Program start dates vary, but advertisement should begin as soon as possible. Background: • The brochure for the 2007 summer recreation program was mailed to all Scandia residents on April 13. • The pending agreement with Camp Lakamaga for operation of a number of the programs (camping, canoeing/fishing, Sparks/Blast, Art, Outdoor Challengers) will require that the city provide some staffing to supplement Lakamaga's staff. Recreation Coordinator Marty McKelvey has determined that it will be necessary to hire two college-age youth leaders. Initially, we had understood that only one would be necessary, but if enrollments are at the upper end of the possible range more staff will be necessary to maintain Lakamaga's required staffing ratios. The 2007 pay rate was set at $7.50 to $8.00 per hour for these positions. • The Council should also approve the hiring of instructors for the Tennis, Skateboarding and Art programs. All of the instructors listed would be part-time, seasonal city employees for their programs. • Sports Unlimited will be providing instructors for the Lacrosse programs. The draft agreement with Sports Unlimited is attached. We have already received their certificate of insurance. • Staff is still working on the agreement with Camp Lakamaga. We Page 1 of 2 04/26/07 are hoping to bring it to the Council for approval at the May 15 meeting. • Ms. McKelvey has secured volunteers to teach some of the classes (such as Cleat Kids and biking.) It may still be necessary to hire an instructor for one or more programs. Recommendation: I recommend that the Council authorize staff to proceed with staffing the parks program as requested, and authorize signature of the agreement with Sports Unlimited. Attachments/ • Draft agreement with Sports Unlimited Materials provided: Contact(s): Marty McKelvey, Recreation Coordinator (651433-8410) Prepared by: Anne Hurlburt, Administrator (rec program staffing) Page 2 of 2 04/26/07 Meeting Date: 5/1/2007 Agenda Item: L b) P. ' b ) C . Planning Commission/City Council Agenda Report City of Scandia 14727 209`h St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing and consider the application of Big Marine Development, LLC. to amend the Preliminary Plat for the Tii Gavo Open Space Conservation Subdivision. Deadline/ Timeline: Application was received on April 12, 2007. 120-day review period ends July 11, 2007. The Final Plat application is incomplete. Background: • At the April 3, 2007 meeting, the Planning Commission and Council found that the elimination of the community well from the project was a material change to the Preliminary plat, requiring an amendment (including a public hearing) before Final Plat approval. • The project is an open space subdivision and a planned unit development (PUD). The yield plan showed a maximum of 28 lots without density bonuses, 19 in the first tier of the Shoreland District and 9 lots in the underlying Agriculture District. The project was awarded the maximum density bonus of 100% of the number of lots outside the Shoreland (9 lots) for a total of 37 lots in the project. The project was also given PUD flexibility to permit lot sizes smaller than 1.5 acres and buildable area less than 1 acre, and for several other features of the project (such as the community building and accessory storage buildings.) • The ordinance requirements for open space/conservation subdivisions have changed since preliminary plat approval of this project. State law does not allow the city to apply the new ordinance to this project, as the preliminary plat approval was less than one year ago. However, a rough analysis of the project, prepared by TKDA during discussion of the new ordinance, indicated that Tii Gavo may have received a density bonus of 95% under the new ordinance; 80% without the community well (see the table, attached.) Under the former ordinance, the density Page 1 of 3 04/27/07 bonus was a more subjective matter subject to negotiation, without specific percentages for particular features. Therefore it is not clear how much, if any, of the bonus awarded was attributable solely to the community well. This needs to be determined by the Planning Commission and City Council. • The applicant has submitted a narrative explaining their arguments in favor of individual wells vs. a community well. Staff has also consulted with an engineer knowledgeable in the area of water supply (Bernie Bullert, TKDA) for advice. The consensus seems to be that the disadvantages may outweigh the advantages of a community well. • Advantages of a community well appear to include: > The conventional wisdom seems to be that fewer holes in the ground equals less risk of contamination of the groundwater supply. This has been advocated by the DNR. > In the event of contamination of the water supply, it may be easier to provide needed treatment at a single well, rather than individual wells. > A community well may be more closely monitored than individual wells, so a problem with contamination might be discovered more quickly. > If it was ever necessary to provide a public water supply to the area, the water mains would already be in place. • Disadvantages of a community well appear to include: > The cost of the water system will be greater, particular where the lots are large and significant lengths of pipe are required to construct the distribution system. > The environmental impacts from grading, vegetation removal and materials used for construction of the water distribution system could be significant. > A single, high-capacity well could have a larger impact on deeper underground water levels ("cone of depression") than many lower-capacity wells (but not as widespread as multiple individual wells.) > While the DNR advocates fewer wells, the Minnesota Department of Health does not, indicating that if wells are constructed to meet well codes the additional risk of contamination is not significant. No significant risk of contamination has been identified at this site. > Chemical treatment (such as with chlorine, or iron removal) could be required because of the size of the system, adding significantly to the cost. ➢ While treatment at a single well might have some advantages, some types of treatment (such as softening) would probably still only be economically feasible at each home. > Long-term management of the water system might be more Page 2 of 3 04/27/07 than a homeowner's association could handle, financially and practically, especially if it was necessary to hire a licensed firm or individual to operate the system. > Even though water mains would be in place, it is likely that the system would not be built to the same standards that would be required for a municipal system. This would reduce some of the potential advantage should a public water supply be necessary in the future. • The city's new ordinance for Open Space Conservation Subdivisions does give a substantial bonus for community wells (15%). This exceeds the bonus for many other features; the bonus for community sewage disposal systems, for example, is 10%. The city may wish to reconsider that part of the ordinance in the future. Recommendation: After holding the public hearing you should determine whether or not the proposed amendment deleting the community well should be approved, and whether or not this would require other changes to the plat, such as a different density bonus. A draft resolution allowing elimination of the community well has been provided for consideration. It can be modified as necessary if additional changes to the preliminary plat would be required. Attachments/ • Application for Preliminary Plat Amendment Materials provided: • Letter dated April 17, 2007 from CMWD Engineer Daniel Fabian, FOR • TKDA Memorandum Dated July 6, 29006 (Analysis of Preliminary Plat) • TKDA Memorandum Dated July 28, 2006 • Excerpt of Town Board Minutes, September 5, 2006 • Tii Gavo- Test for Draft Conservation Subdivision amendment • Draft Resolution 05-01-07-03 Contact(s): Prepared by: Anne Hurlburt, Administrator (tii gavo prelim plat amendment) Page 3 of 3 04/27/07 File No. )0 ` o APPLICATION FOR PLANNING 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: 12595 Lakamaga Trail North, Scandia, MN 55073 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessary) 4. Owner(s): Big Marine Lake Development, LLC Phone: (h) (b) 651-433-1000 Street Address: 21080 Olinda Trail North E-Mail: City/ State: Scandia, MN Zip: 55073 5. Applicant/Contact Person: Roger Tomten Phone: Putman Planning and Design, Inc. (h) (b) 715-381-8291 Street Address(Mailing): 502 Second Street, Suite 301 E-Mail: City/State: Hudson,WI Zip: 54016 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) X Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension X Preliminary Plat Amendment 1/5/2007 I. Brief Description of Request: (attach separate sheet if necessary/ See attached description. } 8. Project Name:Tii Gavo I hereby apply for consideratitm 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,pliuming 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 outer in order for this application to be considered complete. Property Fet Owner Signatnrc(s) Date: ---— - q- - I - 0-3 Applicant Si gnatort(;) Daft:11 April,2007 For City Use Only /0 idf/t Y Application Fees: - Parcel Search Fee: Escrow Deposit 1/512007 CHICAGO TITLE INSURANCE COMPANY ALTA C _ I11ENT Schedule A Legal Description Continued File Number: 100718185 Parcel 1: Government Lot 2. Section 33. Township 32 North. Range 20 West. Washington County. Minnesota. Parcel 2: Government Lot 4. Section 28. Township 32 North. Range 20 West. Washington County. Minnesota. Government Lot 5. Section 28. Township 32 North. Range 20 West. Washington County. Minnesota. That part of Government Lot 6. Section 28.Township 32 North. Range 20 West. Washington County. Minnesota. lying Westerly of the center line of Newgate Avenue North. That part of Government Lot 7. Section 28. Township 32 North. Range 20 West. Washington County. Minnesota. lying Westerly of the center line of Newgate Avenue North and lying Southerly of the following described line: Commencing at the Northwest corner of said Government Lot 7: thence on an azimuth from South 179 degrees 18 minutes 23 seconds, oriented to the Washington County Coordinate System. North Zone, along the West line of said Government Lot 7. a distance of 780.18 feet: thence on an azimuth of 101 degrees 57 minutes 18 seconds (deflecting to the left 77 degrees 21 minutes 05 seconds) a distance of 860.92 feet to a point. said point being on the center line of Newgate Avenue North: thence on an azimuth of 207 degrees 23 minutes 17 seconds. along said center line, a distance of 300.00 feet to the point of beginning of the line to he described: thence on an azimuth of 284 degrees 07 minutes 16 seconds a distance of 722.83 feet to a point on the West line of said Government Lot 7 distant 1045.56 feet South of said Northwest corner of Government Lot 7 and said line there terminating. Parcel 3: All that part of the Southeast 1/4 of the Northwest 1/4: the Northeast 1/4 of Southwest 1/4 and Northwest 1/4 of Southeast 1/4 of Section 28. in Township 32 North. of Range 20 West. New Scandia Township. Washington County. Minnesota. lying South of the centerline of Lakamaga Trail North and lying South and West of the following described line: We are submitting the attached information and requesting an amendment to the Preliminary Plat application for Tii Gavo.The amendment we are requesting deals with the aspect of the Community Well. Over the last 9 months we have researched numerous alternatives for the water system at Tii Gavo. Our research indicates that the environmental rationale of combining this use(i.e. providing one well in lieu of multiple wells) has proven to be counterproductive; therefore we are requesting to strike the Community Well from the application. 1. We have heard from Brian Noma, at the State Department of Health. On July 18,2006(after Conceptual Design and before Preliminary Plat submittal),Tii Gavo team members Roger Tomten and Dan Bigalke meet with Brian Noma, Minnesota Health Department Engineer. Several items were discussed including permitting, required flow rates, water treatment requirement and operations. According to Brian Noma, the Health Department does not require, nor even recommend,a community well for projects like Tii Gavo. Since all wells must be installed by licensed well driller, who follows the well code, there is little opportunity for surface water contamination into the aquifer. And given the fact that there are no identified sources of contamination on-site, MDH sees no advantage of a community well at this project location. (Phase I Environmental Assessment,dated November 5, 2004, indicated no identifiable sources of pollution). Other health and safety factors influenced the decision to drop the community well concept. The design flow following MDH criteria is about 275 gallons per minute, without irrigation. (Flow rate could easily be doubled with irrigation). At this flow rate 4'to 6" diameter mains would be required in a major portion of the project area,approximately 9,000 lineal feet, with numerous flashing hydrants, tees and shutoff valves would be required. Such an extensive infrastructure would undoubtedly result in tree loss due to excavation through the wooded areas of the site. Because of the volume of water stored in the main during low use periods, stale or stagnate water would be an issue. To alleviate iron bacteria growth in the piping system chemical treatment and/or iron filtration would be necessary. Chlorine would be recommended to disinfect the water to protect the homeowner's association from liability.These are normally not a elements associated with a rural well water environment. 2. Addressing the issue of water usage, we have started the process of educating the homebuyers and Tii Gavo residents about water consumption by; a. Constructing a LEED certified community building,and b. Encouragement of LEED guidelines in individual home construction. 3. We have heard from a groundwater specialist(Stuart Grubb, EOR), regarding the issue of groundwater withdraws and the impacts on groundwater dependent natural resources. His summary concluded that a number of individual, low drawing wells would have less impact on surface water resources than one well that drew a large volume of water from one specific area. He offered to provide a report to the City to elaborate on the issue and provide information on the groundwater dependent natural resources in the area if the City thought it was necessary or was interested. He suggested the City request the information from the Carnelian Marine Watershed District. There already has been a fair amount of work on this subject completed for the northern portions of Washington County. 4. We have heard from multiple well drillers that new requirements in drilling the wells provide additional measures to ensure that the wells are properly sealed.This to further reduce the possibilities of aquifer contamination from the wells themselves,or from surface pollutants entering the well and well casing and eventually the aquifer. We will follow up with written documentation and background information on the points noted above to the City. For these reasons, the Tii Gavo application for Preliminary Plat would like to indicate Private Wells in lieu of Community Well. If you have any questions or require any additional information please feel free to contact me. Respectfully submitted, Roger Tomten Sr.Assoc. Putman Planning and Design.Inc. 12/08/2013 07:03 FAX a003/003 err CIII , UGH . . -1- SONS wQll drilling WELL DRILLING AND PUMP REPAIRING 20335 FOREST BOULEVARD NORTH (HIGHWA Si) FOREST LAKE, MINNESOTA 55025 Office Phone (65t' 464=3939 • (715) 386-3992 • (715 483-3939 Tax (651) 4648849 April.11, 2007 Superior Lane Preservation, LLC 21080 Olinda Trail North Scandia, MN 55073 RE: Big Marine Lake Development? Scandia, MN i Tim Gile, 1 I am writing this letter in regards tq the wells for the Big Marine I ake Development. Each property will have its ow►individual well that will be finis -din Prairie Deshane limestone. The wells my also contain some fractures with sand = d',gra el. This will not pose a threat to the ground water,nor will there be any problem "th th aquifer going dry. The well will be constructed according the the State of Mi esiota requirements and the annular space will be filled with a High Solids Bentonite gro ii for added protection. truly yours,V , Add,i_____,-"----',„ . , i David L. McCullough President McCullough and Sons, Inc. DLM/rmr RECEIVED April 17, 2007 APR 1 S 2007 EMMONS ECR Anne Hurlburt, Administrator CITY OF SCANDIA & OLIVIER City of Scandia RESOURCES 14727 209th Street North Scandia, Minnesota 55073 Re: Tii Gavo Application for planning and Zoning Request to City of Scandia Dated April 11, 2007. Groundwater Dependent Natural Resources and Proposed Wells Dear Anne: I have reviewed the above referenced application and feel a clarification is needed regarding Item No. 3 groundwater specialist Stuart Grubb, EOR. Item No. 3 implies that Putman Planning and Design, Inc. commissioned EOR, inc. to do an analysis on the potential impacts of the proposed drinking water supply options on the groundwater dependent natural resources in the Tii Gavo Development. This implication is false. EOR works for the Carnelian Marine Watershed District and to date the CMWD has not requested any analysis on impacts to the Groundwater Dependent Natural Resource specific to the Tii Gavo Development and EOR has not prepared one. To date no summary or conclusions on this issue have been made by EOR, staff. Mr. Grubb was contacted by Mr. Roger Tomten of Putman Planning and Design, Inc. about the possibility of EOR conducting such a study. However, the conversation only explored alternatives and possibilities for researching and analyzing groundwater/surface water issues. Statements about potential impacts of individual wells compared to a community well were limited to what Mr. Grubb felt was likely to happen and qualified with the need to conduct the research and analysis before Mr. Grubb could reach a conclusion. Mr. Tomten was informed that since EOR was the CMWD Engineer the only way we would undertake such a study would be if requested by the District. Since a priority of the CMWD is protecting the high value groundwater dependent natural resources found in the District, I believe that if the City of Scandia were to request that the District conduct the above referenced analysis the Managers would likely approve the request. Enclosed please find an electronic copy of the report "Integrating Groundwater& Surface Water Management in Northern Washington County" per your request. Please note that this study was presented by Mr. Grubb to the Scandia Board and/or Planning Commission at the study's completion and an electronic copy should have also been provided. Making A Difference Through Integrated Resource Management EOR, INC. • 651 Hale Avenue North • Oakdale, MN • 55128 • Tel: (651) 770-8448 Fax: (651) 770-2552 FOR is an Equal Opportunity Affirmative Action Employer Please feel free to contact me at (651) 203-6029 if you have any questions on this letter, the enclosed report or would like to request that the CMWD conduct the previously mentioned analysis. The next CMWD Board meeting is May 7, 2007. Sincerely, Daniel A. Fabian. P.E. CMWD Engineer Encls. Cc: CMWD Board of Managers Roger Tomten, Putman Planning and Design, Inc. Tim Gile, Superior Land Development Stu Grubb, PG (EOR Principal Partner) CMWD Office 1 TKDA 440 Street Plaza 444 Cedare Street Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 fax MEMORANDUM www.tkda.com To: Planning Commission and Reference: Tii Gavo Preliminary Plat Town Board Members Conditional Use Permit for Open Space Design, PUD Copies To: Brenda Eklund, Deputy Clerk New Scandia Township, Minnesota Big Marine Lake Development, LLC. Carnelian Marine Watershed District Proj. No.: 13582.010 Washington Conservation District From: Richard E. Thompson, AICP Routing: Berry Farrington Date: July 6, 2006 SUBJECT: Tii Gavo Preliminary Plat Conditional Use Permit for Open Space Design, Planned Unit Development MEETING DATE: July 11, 2006 LOCATION: Part of Section 28 and Part of Section 33, Township 32 North, Range 20 West 12595 Lakamaga Trail APPLICANT: Big Marine Lake Development, LLC. 21080 Olinda Trail North New Scandia, Minnesota 55073 ZONING: Agriculture (AG) District and Shoreland Overlay ITEMS REVIEWED: Preliminary Plat Submittal: site plan, grading and drainage plan, bound document containing narrative, photos and exhibits. Application Form Preliminary Landscaping Plan Draft Homeowners' Association Covenants SITE DESCRIPTION The subject property is approximately 154 acres within the Agriculture and Shoreland Districts, located on the north shore of Big Marine Lake's east bay. The site has road frontage on Lakamaga Trail North and Newgate Avenue North. The subject property has a striking variety of natural resources: shoreline, wetlands including Rasmussen Pond, varied topography with bluffs and steep slopes, and hardwood forest and woods. The Minnesota Land An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Tii Gavo Preliminary Plat Review Page 2 July 6, 2006 New Scandia Township, Minnesota Cover Classification System (MLCCS) reports oak forest, Northern hardwood forest, and oak brushland on the north, south and west portions of the site. A T-shaped wooded area in the center of the site is non-native deciduous species, and the northwest portion of the site along Lakamaga Trail is cultivated coniferous trees. Wetlands are located centrally and on the west of the site. The remainder of the land cover is categorized as altered or non-native grasses. The Minnesota Biological Survey identifies an oak hardwood forest in the northeast, and identifies shrub swamp, rich fen and emergent marsh within the wetlands. The Minnesota Department of Natural Resources Regionally Significant Ecological Areas ranking shows the east side of the site as having moderate significance, along with smaller areas along the shore and at the southwest corner of Rasmussen pond. There is an existing house near Rasmussen pond and an existing barn near Newgate Avenue. The Applicant proposes to keep the existing house as one of the proposed 37 lots. BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests approval of the Preliminary Plat, Conditional Use Permit for Open Space Design and Planned Unit Development. The subject property is 154 acres. The applicant proposes 37 single-family lots ranging in size from 1.00 to 2.46 acres, with 97.86 acres of common open space provided in seven outlots ranging from .37 acres to 52.18 acres in size. The proposed open space is 63.5% of the total site, exceeding the New Scandia Zoning Ordinance requirement of 55% open space. The Ordinance allows a maximum density bonus of 100%within the Agriculture District. The applicant supplied a yield plan that shows a standard subdivision of 28 lots: 9 lots within the Agriculture District and 19 lots within the Shoreland District. The Applicant requests the maximum 100% density bonus of 9 lots within the Agriculture District. Therefore, the request is for a total of 37 lots. The applicant requests Planned Unit Development (PUD) to allow for exceptions to some of the regulations within the New Scandia Zoning and Subdivision Ordinances. The Applicant proposes lots smaller with smaller dimensions than the minimum lot size and width required by ordinance. The Applicant also proposes the use of accessory units to provide additional housing options. EVALUATION OF THE REQUEST: Resource Inventory The resource inventory submitted by the applicant describes surface water resources including Big Marine Lake and the east bay, Rasmussen Pond and wetlands, slopes, soils, and wooded areas and other vegetation. The resource inventory also reviews the recommendations from the Carnelian Marine Watershed District's Natural Resource Inventory and Management Plan. The natural resource inventory generally corresponds to the planners' findings reported in "Site Description" at the beginning of this review. Ti.i Gavo Preliminary Plat Review Page 3 July 6, 2006 New Scandia Township, Minnesota Density The Applicant requests 37 single-family lots. The yield plan shows 19 lots within the first tier of the Shoreland District. The New Scandia Zoning Ordinance requires new lots on Recreational Development Lakes to have a minimum size of 2.5 acres, a minimum width of 150 feet and a buildable area of at least 1.0 acre. There is one lot on the yield plan with an area less than 2.5 acres (Lot 15 is 2.13 acres); however, this lot meets the 150-foot width and 1.0-acre buildable area requirements. Because nearby lots exceed the minimum dimension requirements, the planners find it reasonable to include Lot 15 with an area of 2.13 acres in the yield plan. The underlying Agriculture District applies to the remainder of the property, and the yield plan shows 9 lots in this area. The AG District allows 4 units per 40 acres, with a minimum lot size of 10 acres and a minimum lot width of 300 feet. The 9 lots shown on the yield plan meet these standards. The Open Space Development density standards allow a maximum density bonus of 100%within the AG District. The applicant requests a 100% density bonus of 9 additional lots. Therefore, the applicant's request is for a total of 37 lots (19 + 9 + 9). The Ordinance allows a 100% density bonus based on the proposed development meeting the purpose and scope of OSD. Lot Size The proposed lots range in size from 1.00 to 2.46 acres. The applicant's request is for Planned Unit Development (PUD), to allow for lot sizes less than the regulatory minimum. The OSD standards allow a minimum lot size of 1.5 acres in the AG District, and require a minimum buildable area of 1.0 acre. The New Scandia Zoning Ordinance states that PUDs may be excluded from certain requirements, including lot area. Because a community wastewater treatment system is proposed, the lots do not need space for individual sewage treatment systems. The proposed wastewater treatment system is discussed later in this review. A smaller lot size does allow for a greater percent of the site to be held in common open space. The Ordinance requires 55% open space, or 84.7 acres, and the applicant proposes 63.5%, or 97.8 acres. Given the subject property's natural resources and the higher percent of open space offered, smaller lots in this case offer benefit to the Township. Setbacks The New Scandia OSD regulations establish a minimum front yard setback of 30 feet, side yard setback of 15 feet, rear yard setback of 30 feet and wetland setback of 75 feet for principle buildings. The Washington County Shoreland Ordinance requires a setback of 100 feet from the Ordinary High Water Level (OHWL). The Site Plan shows that all proposed house pads conform to the setback requirements. The proposed community building appears to be at the edge of the OHWL setback. The applicant should confirm that the community building does not encroach into the setback area and the site plan should show the OHWL setback along the entire shoreline. The proposed common parking spaces are approximately 90 feet from the OHWL. The Washington County Shoreland Ordinance does not allow parking to be placed in bluff and shore impact zones,which is 50 feet from the OHWL. Thus, the parking location conforms with setback standards. Tii Gavo Preliminary Plat Review Page 4 July 6, 2006 New Scandia Township, Minnesota A proposed tennis court is approximately 40 feet from the OHWL. The Ordinance does not address tennis courts, though a tennis court's similarity to parking lots causes the planners to recommend that the tennis court be relocated outside of the 50-foot shore impact zone. Frontage and Lot Width The minimum lot width in the AG District is 160 feet. Lots fronting cul-de-sacs must have a minimum of 60 feet of road frontage. The majority of lots meet the minimum road frontage requirements; there are 6 lots that have lesser road frontages, with a minimum road frontage of 60 feet (Block 11, Lots 4 and 5). The New Scandia Zoning Ordinance PUD regulations allow for flexibility in lot width if approved by the Planning Commission. As with lot size, the narrow lot width contributes to the overall site design which exceeds the requirement of 55% common open space. In this case, narrower lots offer benefit to the Township. Open Space Design The New Scandia Ordinance requires that 55% of the site be conserved as open space, and that at least 25% of this open space be accessible for recreational use. For the subject property, 84.7 acres of open space are required to include 21.2 acres of accessible open space. The proposed development provides 97.86 acres of open space. The applicant indicates that all open space will be accessible to the homeowners for recreational use (less the community wastewater treatment system drainfield). Therefore, the area requirements are fulfilled. The Open Space is organized in seven outlots. A trail system is proposed which connects all outlots. The majority of the open space is located on the eastern portion of the property within Outlots B and D. The community sewage treatment system is proposed within this area. Outlot B contains the hardwood forests recognized by the County Biological Survey. Steep slopes and wetlands contribute to the natural resources within Outlot B. Outlot B also provides multiple access points to Rasmussen Pond. A central open space (Outlot E) is located across the street from Outlots B and D, to form consolidated open space. Outlot C holds a small wetland in this area as well. Common open space along the shore of Big Marine Lake is provided within Outlot D, which includes a centrally located community building, tennis court, and community docks. On the west of the site, Outlot D runs behind the lots, providing a 10-foot buffer to neighboring properties. A community storage facility is proposed on Outlot A. The application materials show that the building would be designed to look like a rural outbuilding. Outlots F and G are small plots of land within loop roads. See the attached site plan for the layout of the open space. The planners find that the open space is designed to support the stated purposes of OSD within the New Scandia Zoning Ordinance. The design prioritizes preservation of the natural resources on the east side of the property. Proposed trails link the open space, the open space is consolidated, and focal points are used in the design. Tii Gavo Preliminary Plat Review Page 5 July 6, 2006 New Scandia Township, Minnesota Open Space Ownership and Management A permanent conservation easement restricting the use and development of the open space must be dedicated to the Township, Washington County, or an acceptable land trust. The applicant requests that the Township hold the conservation easement. The Applicant indicates that the Homeowners' Association will own the open space. A draft of the Homeowners Association covenants states that the HOA will be responsible for maintaining the common open space in accordance with the Open Space Management Plan. The Open Space Management Plan has not been fully drafted yet. The Open Space Management Plan must be submitted to the Township before final plat approval. Accessory Apartments The applicant proposes multi-family housing through a concept the applicant calls "Transfer of Accessory Apartments." The proposal is that 5 accessory apartments, each associated with 5 single-family lots, would be combined as multi-family housing on one lot. Additional accessory apartments on any of the five lots would not be allowed. The Homeowners' Association would own at least one of the units. The project narrative states that the intent is to provide a range of housing options and housing price ranges. The application narrative states, "Working in concert with a local land trust, it may also be possible to maintain a level of affordability for one or all of the attached units." The applicant's proposal is for a multi-family structure with 5 dwelling units, in addition to the proposed 37 single-family lots. Accessory Apartments are allowed in the AG District with a Certificate of Compliance. In the definition of"accessory apartments" in the New Scandia Zoning Ordinance, it states,"A density unit is not attributed to this dwelling unit when calculating density." Because the "Transfer of Accessory Apartments" is not a method described in New Scandia's ordinances, the request is considered within the framework of the PUD request. Multi-family housing is allowed as a conditional use within the AG District. However, because the applicant is proposing that the dwelling units not count in the density calculation, the request is outside of the Ordinance regulations. Additional information is needed to more fully review this request. It appears that the multi-family housing is proposed to be located within Blocks 6, 7 or 8 in the center of the site, but the application material does not make this clear. Specific information is not provided regarding the level of affordability, the number of units that would be affordable and how continued affordability would be ensured. The planners recommend that the multi-family housing element of the proposal be tabled for decision until additional information is provided. Water Resources The applicant proposes a beach area of 100 feet in length and 10 feet in depth on the shore of Big Marine Lake. The Washington County Shoreland Ordinance allows for vegetative cutting, if it is selective and adequate vegetation is preserved for screening. The vegetation that would be cleared and that which would be preserved at the beach area should be shown on the landscaping plan. Tii Gavo Preliminary Plat Review Page 6 July 6, 2006 New Scandia Township, Minnesota Pedestrian access will be provided to Rasmussen Pond via a trail, and a pier for fishing and a floating dock will also be provided. The Applicant indicates that no motorized watercraft will use the pond. The applicant is seeking to dig a channel through the shallow area separating Turtle Bay and Big Marine Lake's east bay to allow motorized watercraft to dock in Turtle Bay. The creation of the channel must be approved by the Minnesota Department of Natural Resources. There are thirteen wetlands on the site, all located within the common open space. Recommendations from the Washington Conservation District regarding protection of the wetlands should be followed. Drainage and Grading Any comments from the Township Engineer and the Carnelian Marine Watershed District Engineer must be addressed. The Washington Conservation District is reviewing the proposed stormwater management practices. The applicant should work with the Conservation District in addressing stormwater management and erosion control. Lot Coverage New Scandia's OSD regulations state that a maximum of 35%of the lot area may be impervious surface. The Washington County Shoreland Ordinance allows a maximum lot coverage of 25%, and within the Shoreland the stricter standard applies. The narrative states that each lot would have approximately 6,800 square feet of impervious surface and that the Township's requirement of 35% maximum lot coverage will not be exceeded. The smallest proposed lot size is 1.0 acre, and 6,800 square feet is approximately 16 percent of one acre. Therefore, it appears that the lot coverage maximum will not be exceeded. The application documents should recognize a maximum of 25% impervious surface within the Shoreland District. Septic and Water Locations The proposed community wastewater treatment system is shown on Outlot D. The site plan shows that soil borings have been taken. A community well is proposed on Outlot E, near the center of the site. The draft Homeowners' Association covenants state that the HOA will own and provide for maintenance of the system. The wastewater treatment system and well must be approved by Washington County. Before final plat approval, the covenants must define maintenance and management practices of the system. Any comments from the Township Engineer must be addressed. Streets OSD street design standards require a 60-foot right of way for two-way streets. Depending on traffic counts, the roadway width ranges from 20 feet to 24 feet. The site plan shows that the proposed right-of-way and streets meet Ordinance standards. Tii Gavo Preliminary Plat Review Page 7 July 6, 2006 New Scandia Township, Minnesota Landscaping Plan The Ordinance requires that a landscaping plan be submitted at the time of preliminary plat review. The Township strongly recommends landscaping that reflects the natural environment and that significant trees are preserved. Five trees per single-family lot are required. Groundcover and species size must meet Ordinance standards. The site plan shows existing trees and trees to be preserved. The application materials show a detail of a raingarden design as part of the stonnwater management system. The landscaping plan provides a plant list that is consistent with ordinance requirements and recommendations. The landscaping plan shows that deciduous overstory trees will be planted along the streets and shows existing trees to be preserved. Landscaping requirements and restrictions on vegetative cutting for individual lots are addressed in the draft covenants. A more detailed landscaping plan, including plant quantities and treatment of the beach area, must be provided before final plat approval. Park Dedication/Fee The Ordinance states that 7% of the land must be dedicated as park land, or that a park fee of$1,500 per lot must be paid to the Township. The application material states that based on discussions with the Township, the park dedication would be a combination of a trail easement and a cash fee. Before final plat approval, a decision regarding park land dedication and/or park fees must be made, and any fees paid. In addition, all escrow fees for the Attorney, Engineer and Planner services must be paid before the final plat is signed. 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 Preliminary Plat, with the following conditions: 1. That the Homeowners' Association Open Space Management Plan is approved by the Township. 2. That the conservation easement is approved by the Township. 3. That the decision on whether to allow the proposed multi-family housing is tabled so that additional information may be provided, including the proposed location and size of the housing, the number of affordable units, the level of affordability, and how affordability would be maintained. Tii Gavo Preliminary Plat Review Page 8 July 6, 2006 New Scandia Township, Minnesota 4. That the applicant confirms that the community building does not encroach the OHWL setback. 5. That the tennis court is located outside of the shore impact zone. 6. That the creation of the channel to Turtle Bay is contingent on approval by the Minnesota Department of Natural Resources. 7. That the plans recognize a maximum of 25% impervious surface within the Shoreland District. 8. That the community wastewater treatment system and well must be approved by Washington County. 9. That before final plat approval, the covenants define maintenance and management practices of the community wastewater treatment system. 10. That any comments from the Township Engineer are addressed. 11. That any comments from the Carnelian Marine Watershed District are addressed. 12. That the applicant work with the Conservation District in addressing stormwater management and erosion control. 13. That a more detailed landscaping plan, including plant quantities and treatment of the beach area, be approved before final plat approval. 14. That the park dedication is satisfied. 15. That all fees are paid. Moved by Seconded by T 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.com To: Michael Harnetty, Michael Hinz, Reference: Tii Gavo workshop Chris Ness, Peter Schwartz Copies To: Brenda Eklund Richard E. Thompson Proj. No.: 13582.010 From: Berry Farrington Routing: Date: July 26, 2006, revised July 28, 2006 Please note below the addition regarding building height of Lots 21, 22, and 23. As a follow-up on the Tii Gavo workshop, this memo summarizes the changes to the plan that I understand would follow from last night's discussion. The changes are: • Lots 21, 22, and 23 will have a maximum height of 30 feet. • Lot 32, the flag lot, will be removed from its current location by the Fen wetland. This lot will be relocated to the Central Meadow. • Lot 22, the southernmost lot on the peninsula, will be relocated so that it is no farther south than the current locations of lots 21 and 23. • Depending on home owner demand, there could be up to six community storage buildings with a maximum total footprint of 23,000 square feet. (The storage buildings, driveway and other impervious surface area must not exceed 25%of the lot area.) • The community storage buildings will conform to the setback requirements for large-lot and rural zoning districts. The setbacks are: 40-foot front yard, 20-foot side yard, and 50-foot rear yard. The buildings will be screened by existing pine trees. (The applicant has indicated the buildings will be rural in character. Should we ask for building elevations showing materials and design?) • Homeowners' Association covenants, bylaws, and/or deed restricts will forbid accessory structures on private lots. • The transfer of accessory units/multi-family housing concept is dropped from the proposal. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity September 5, 2006 New Scandia Township Board met on the above date. The following were in attendance: Chairman Dennis Seefeldt, Vice-Chairman Michael Hinz, Michael Harnetty, Blair Joselyn and Nancy Madden. The meeting was called to order by Chairman Seefeldt at 7:00 p.m. Anne Hurlburt was introduced as the new Town Administrator, a position which Ms. Hurlburt began on this date. FRED HIENONEN Fred Heinonen, 13277 Lakamaga Trail, had approached the Board at the August 15, 2006 Town Board meeting regarding a complaint against Public Works mowing down a patch of wildflowers that were growing near Mr. Heinonen's mailbox. Supervisors Seefeldt and Hinz inspected the compliant. In reply, Chairman Seefeldt identified the wildflower as "beggar's tick"which had grown to a height as to interfere with site lines to the west. The wildflowers were growing in the right of way. Mr. Heinonen's complaint was termed unfounded. TII GAVO—RECONVENED HEARING OF PRELIMINARY PLAT Roger Tomten, Tod Drescher and Mark Sandercott, representing Big Marine Lake Development, LLC, were in attendance to present a revised preliminary plat of the development Tii Gavo. This is a proposed Open Space Subdivision located on 154 acres on the northeast shore of Big Marine Lake. The New Scandia Planning Commission recommended to the Town Board at the July 11, 2006 meeting to approve the preliminary plat,with a list of conditions. The Town Board tabled the application pending further refinement and discussion. A Workshop was held on July 25, 2006 with two members of the Planning Commission and two members of the Town Board. The following revisions were made as a result of the workshop: 1) Moved Lot#32 into the Central Meadow from the eastern shore of Rassmussen Pond. 2) Eliminated Meadowridge Circle(cul-de-sac to north toward Rasmussen Pond). Lots 30 and 31 now have a shared driveway off Meadowridge Trail. 3) Illustrated the location of bituminous trails within the development. 4) Revised the layouts of lots 19-24 in the East Point Woods: a) Shifted west lot line of Lots 19 and 20 to the east. b)House site 21 moved 40 feet back from shoreline; house site 22 moved 90 feet further back; house site 23 moved 38 feet closer(same elevation with no walk-out or look-out toward the lake); house site 24 moved 42 feet further from the south shoreline.All modifications were done to reduce the chances of any impacts to the natural vegetation and topography between houses and shoreline. c)Height limit for the houses on the East Bay, Lots 21-23, reduced to 30 feet. 5) Renamed Meadowridge Lane Court North to Meadowridge Lane Circle North. 6) HOA storage facility buildings will meet 50 feet setback from adjacent property lines. 7) The concept of"Transfer of Accessory Apartments"has been dropped from the PUD. Discussion among the Town Board followed. Supervisor Hinz stated that he felt that lot size was too small and that there were too many lots on the peninsula. Supervisor Harnetty stated that the positive design of the plat outweighs the negative. Harnetty felt that this design may set a standard for future development in New Scandia Township. Michael Harnetty made a motion to approve the modifications presented by the developers and accept the recommendation of the Planning Commission made at the July 11,2006 meeting as follows: New Scandia Town Board September 5, 2006 page 2 The Planning Commission recommended to the Town Board that they approve the Preliminary Plat of Tii Gavo, the Conditional Use Permit for Open Space Design(OSD)and Planned Unit Development(PUD)to divide 154 acres into 37 lots on the northeast shore of Big Marine Lake on the grounds that it is essentially in conformance with the Township standards for OSD and PUD, with the following conditions: 1)That the Homeowners' Association Open Space Management Plan is approved by the Township. 2)That the conservation easement is approved by the Township. 3)That the applicant confirms the community building will not encroach on the OHWL setback. 4)That the tennis court be located outside of the shore impact zone. 5)That a plan for creation and maintenance of the channel to Turtle Bay be contingent on approval by the Minnesota DNR and Watershed District,and suggested implementation of boardwalk and fishing dock. 6)That the plans recognize a maximum of 25% impervious surface within the Shoreland District. 7)That Washington County approves the community wastewater treatment system and well. 8)That before final plat approval,the covenants define maintenance and management practices of the community wastewater treatment system. 9)That any concerns from the Town Engineer are addressed. 10)That any concerns from the Carnelian Marine Watershed district are addressed and a permit granted. 11)That the applicant continues to work with the Conservation District in addressing stormwater management and erosion control. 12)That a more detailed landscaping plan, including plant quantities and treatment of the beach area and the buffer zone size, be approved before final plat approval. 13)That the combination of park fees and land dedication be resolved. 14)That the Developer and the Township negotiate a height limitation on houses on Block 13, Lots 1, 2 & 3. 15)That the size, placement and design of accessory storage buildings be provided. 16)That the Township Engineer investigate the location of the access roads on Newgate and Lakamaga and make recommendation for traffic management on both access roads. 17)That no copper sulfate or chemicals are used for weed control in Turtle Bay, only mechanical means. 18)That there is only one dock with 19 slips. Findings are the applicant has proved innovative, creative, cooperative and eager to collectively meet and exceed existing standards. Nancy Madden seconded the motion. Voting in favor: Harnetty,Joselyn,Madden, Seefeldt. Voting opposed: Hinz.Motion adopted. LANDMARK SURVEYING—JOEL ANEZ Joel Anez, Landmark Surveying, was present to explain the placement of a drainfield in the 50 foot utility easement during the present construction of the business known as Prairie Restoration in the Hawkinson Business Park. It was a mistake on the part of the contractors. It will be necessary to vacate part of the utility easement to allow the septic mound to remain. A 10-foot utility easement can be established along the northern lot line to match the easement on the lot to the east. This vacation will require a public hearing. Town Attorney Hebert will prepare a resolution to call for the hearing. This resolution to be presented at the September 19, 2006 Town Board meeting. Town Engineer Tom Peterson will study the drainage plans through the Swale. 2006 CULVERT REPLACEMENT PROJECT The following bids were submitted for the 2006 Culvert Replacement Project: Tii Gavo— Test for Draft Conservation Subdivision amendment The Tii Gavo proposal was for 37 single family lots on 154 acres located on Big Marine Lake. Open Space Development Bonus Criteria Maximum Earned Increase Increase A. Affordable housing 5% 0 None proposed. B. Historic features 10% 0 Not applicable. C. Focal point 15% 15% More than 75%of the lots are oriented to one of three focal points: Rasmussen pond, the Central Meadow, and open space at the end of Meadowridge Lane Court. D. Parkway 5% 0 None proposed E. Community sewage system 10% 10% Proposed. F. Community water system 15% Proposed. G. Woodlands and Forests 10% 0% There are forests and woodlands on the west, south and north of the site. H. Active agricultural lands with prime soils 10% 0 Not applicable (a portion of agricultural lands have soils that are prime only when drained). I. Ecologically sensitive features 10% 0% The DNR's Ecological Assessment shows a moderate score for the eastern half of the property and a portion of the west side. J. Habitat 10% 10% The County Biological Survey shows an emergent marsh and rich fen (wetland prairie), shrub swamp (scrub wetland), and oak forest(forest wetland) in the northeast corner. K. Scenic views 10% 0 A priority scenic view was not identified for this site. L. Contiguous open space 10% 10% The parcel is not contiguous to any existing protected open space. The open space is contiguous to lands that are potential open space in the future (the north side of Rasumussen Pond and the camp). M. Stormwater management BMPs 10% 10% Raingardens, infiltration basins and swales. N. Restoring native habitat per Township Ecologist 10% 0* O. Stewardship practices per Township Ecologist 10% 0* EARNED BONUS 55 TOTAL (25% +earned bonus) 980 MAXIMUM BONUS 100% RESULTS Units Base Density 19 Proposed 37 Draft OSD Standards 3-7-34 (94.80% bonus) * The bonus is not applicable because there is not a Township Ecologist at this time. CITY OF SCANDIA RESOLUTION NO. 05-01-07-03 RESOLUTION APPROVING AMENDMENT TO PRELIMINARY PLAT FOR TII GAVO OPEN SPACE CONSERVATION SUBDIVISION WHEREAS, on September 5, 2006 the New Scandia Town Board approved the Preliminary Plat for the Tii Gavo Open Space Conservation Subdivision subject to a number of conditions, including approval of the community wastewater system and well; and WHEREAS, the developer, Big Marine Lake Development, LLC, has requested an amendment to the Preliminary Plat to delete the community well from the project; and WHEREAS, the City of Scandia Planning Commission reviewed the application for the amendment at a duly noticed public hearing on May 1, 2007 and has recommended approval; 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 by Big Marine Lake Development, LLC to amend the Preliminary Plat of Tii Gavo to delete the community well from the project. FURTHER BE IT RESOLVED, that all other conditions of approval of the Preliminary Plat shall remain unchanged, and shall be met prior to Final Plat approval. Adopted by the Scandia City Council this 1st day of May, 2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk �. h) PC. Li Thanks for your note, Maria. I will provide copies for the Planning Commission and Council as they discuss this issue at the meeting tonight. Anne From: Hinz, Maria [mailto:MHinz©LMNC.ORG] Sent: Tuesday, May 01, 2007 3:17 PM To: annehurlburt©frontiernet.net Subject: future of land development in Scandia Scandia has just become a City and the new Council has to make crucial decisions about sewer and water systems and how they will allow developers to subdivide land. Most developers want to cluster develop and double the number of lots they can develop out of a piece of property. The city has been allowing this on the basis of community septic and wells. Tii Gavo development was one of the developments that started their Planned Unit Development under the old Scandia Township Board and is now trying to finalize it under the City Council. However, they now state a community well is not beneficial and they will not be installing it. I feel the developer and his staff are the only ones presenting information about their development to the Council. I want to know what the developer is not telling the Council and how important that info might be to the future of Scandia. From the information I have heard, if the lots are small they need to have a shared septic, because an individual system would not fit on the small lot. But when you are dealing with over 40 acres of land, why are we making the lot sizes so small? So the developer can build 8 homes instead of 4 on that 40 acres, thereby doubling his profit. The original land owner doesn't profit because he could only sell the land at the required 4 for 40. Sincerely, Maria Hinz Program Agreement City of Scandia, MN and Sports Unlimited The purpose of this agreement is to set forth the terms and responsibilities of the parties who wish to provide certain recreation activities to the community at Gammelgarden under the auspices of the city's park and recreation program during the summer of 2007. Lacrosse camps are scheduled for a four day period from July 16 to July 19, 2007 (Introductory, Grades 1-6) and then again from July 30 to August 2, 2007 (Grades 7-10.) In consideration of this agreement, the City shall pay to Sports Unlimited $69.00 per person registered for the program. Payments are due within 30 days of the start date of each program. The parties agree that lacrosse camp may be cancelled by either party with 7 (seven) days notice. Sports Unlimited will: 1. Provide trained and/or certified staff for three hours of instruction each day. 2. Assist in meeting and greeting participants at Gammelgarden and answering parent questions. 3. Provide basic first aid/emergency care and/or contact 911 in emergencies as needed; will have a first aid and CPR-certified staff member on duty at all times. 4. Communicate with Scandia staff regarding any behavior or discipline issues. 5. Provide each registrant with a Sports Unlimited T-Shirt and water bottle. City will: 1. Print and distribute brochures/program information and promote programs. 2. Register all participants including obtaining release and waiver. 3. Provide Sports Unlimited a listing of students enrolled in Lacrosse Camp. 4. Communicate with parents in the event of program changes or if behavior or discipline issues arise during the course of the program. Sports Unlimited warrants that it carries worker's compensation insurance as required by law, and agrees to provide a certificate of liability insurance naming the City of Scandia as an additional insured in an amount not less than $1,000,000 and from a company acceptable to the City. Signatures: For Sports Unlimited of Lakeville: By: Title: Date: For City of Scandia: By: Title: Date: Meeting Date: 5/1/2007 Agenda Item: / ) 6 6- a) C. 0 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 German Lake Ventures, LLC for a variance from the buildable lot area requirement for Lot 4 of the proposed German Lake Vistas subdivision Deadline/ Timeline: 60-day review expires June 5, 2007 Background: Ms. Farrington will present her attached report and recommendations at the hearing on May 1, 2007. Recommendation: The planner has recommended denial of the variance. The findings and conditions have been incorporated into a draft resolution for use by the Commission and City Council. Should the Commission and Council determine that the variance should be approved, staff recommends that findings and conditions be drafted in a resolution to be adopted at a subsequent City Council meeting. Attachments/ • Draft resolution for denial (No. 05-01-07-02) Materials provided: • TKDA Memorandum dated 4/16/2007 • Application • Location map • Aerial photograph • Revised preliminary plat of German Lake Vistas (4/5/07) Contact(s): Ned Froberg, Hult and Associates (651-464-3130) Prepared by: Anne Hurlburt, Administrator (20070012 german lake vistas variance) Page 1 of 1 04/24/07 CITY OF SCANDIA, MINNESOTA. RESOLUTION NO. 05-01-07-02 GERMAN LAKE VISTAS VARIANCE FOR BUILDABLE LAND AREA WHEREAS, German Lake Ventures LLC has made application for a variance to allow Lot 4 to have a buildable land area of 40,737.7 square feet, located at 11262 Scandia Trail North; and WHEREAS, the property is legally described as follows: The Southeast Quarter of the Northeast Quarter, Section 18, Township 32 North, Range 20 West, Washington County, Minnesota and those parts of the Northeast Quarter of the Southeast Quarter and the South Half of the Southeast Quarter of said section 18 and the West Half of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32 North, Range 20 West, Washington County Minnesota, described as follows: Beginning at the Southeast corner of said South Half of the Southeast Quarter; thence North 2 degrees 01 minute 44 seconds West, assumed bearing along the East line of said South Half of the Southeast Quarter, a distance of 1094.64 feet; thence northerly 123.01 feet along a tangential curve, concave to the west, said curve having a radius of 333.00 feet and a central angle of 21 degrees 09 minutes 57 seconds; thence northerly 320.52 feet along a reverse curve, concave to the east, said curve having a radius of 267.00 feet and a central angle of 68 degrees 46 minutes 53 seconds; thence easterly, northeasterly, and northerly121.47 feet along a non-tangential curve, said curve having a radius of 60.00 feet, a central angle of 115 degrees 59 minutes 31 seconds, and a chord that bears North 49 degrees 27 minutes 02 seconds East; thence North 8 degrees 32 minutes 44 seconds West 233.92 feet; thence North 65 degrees 19 minutes 24 seconds West to the East line of said Northeast Quarter of the Southeast Quarter; thence northerly along said East line to the North line of said Northeast Quarter of the Southeast Quarter; thence westerly along said North line to the West line of said Northeast Quarter of the Southeast Quarter; thence southerly along said West line to the southwest corner of said Northeast Quarter of the Southeast Quarter; thence southeasterly to a point on the South line of the North 290 feet of said South Half of the Southeast Quarter, distant 747.33 feet westerly of the East line of said South Half of the Southeast Quarter (as measured along said South line); thence easterly along said South line to the West line of the East 66.00 feet of said South Half of the Southeast Quarter; thence southerly Resolution No.: 05-01-07-02 Page 2 of 2 along said West line to the South line of said South Half of the Southeast Quarter; thence easterly along said South line to the point of beginning; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on May 1, 2007, and has recommended denial; 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 deny the request of German Lake Ventures LLC for a buildable land area variance, based on the following findings: 1. The buildable land area of Lot 4 is a circumstance created by the landowner, through the process of subdividing the land. 2. Loss of a lot, an economic condition, cannot alone constitute a hardship. 3. The subject property can be put to reasonable use by combining it with another lot, or redesigning the lot so that it has at least one acre of buildable area. Adopted by the Scandia City Council this 1st day of May, 2007. Dennis D. Seefeldt, Mayor ATTEST: City Clerk/Administrator 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 and Planning Reference: German Lake Vistas Variance Commission City of Scandia, Minnesota Anne Hurlburt,Administrator Scandia File Number 2007012 Copies To: Proj. No.: 13582.015 From: Richard E. Thompson, AICP Routing: Berry Farrington Date: April 16, 2007 SUBJECT: German Lake Vistas Variance Request MEETING DATE: May 1, 2007 LOCATION: Section 18: NE 1/4 of the SE 1/4, S 1/2 of the SE 1/4 Section 17: W 1/2 of the NW 1/4 of the SW 1/4 Township 32 North, Range 20 West 11262 Scandia Trail North Scandia,Minnesota APPLICANT: German Lake Ventures, LLC Jeff Hilger 12361 Norell Avenue Court North Stillwater, Minnesota 55082 ZONING: Agriculture(AG)and Agriculture Preserves (AP), Shoreland Overlay District 60-DAY PERIOD ENDS: June 5,2007 ITEMS REVIEWED: Application Form Revised Preliminary Plat BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests a variance to the minimum buildable land requirement for Lot 4 of the German Lake Vistas major subdivision. The Scandia Zoning Ordinance requires a minimum of one acre(43,560 square feet)of contiguous buildable land for every new lot(Section 9.1(11)). After field-checking, the Applicant has determined that Lot 4 has 40,737.7 square feet of buildable land. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity German Lake Vistas Variance Request Page 2 April 16, 2007 City of Scandia BACKGROUND: The German Lake Vistas Preliminary Plat was approved by the City Council on January 23, 2007, and has not yet received final plat approval. At the time of preliminary plat approval, the plat indicated that Lot 4 had+/- 1.0 acre of buildable land. The Applicant was directed to confirm the buildable land area for Lot 4 and has discovered that the buildable land falls 2,822.3 square feet short of the minimum requirement. EVALUATION OF THE REQUEST: Evaluation of Hardship Variance requests are evaluated based on whether strict enforcement of the Ordinance would create hardship. The components of hardship are: that the property cannot be put to reasonable use, that the hardship is not caused by the landowner but is due to circumstances unique to the property,that granting of the variance would not alter the essential character of the area, and that economic conditions alone do not constitute a hardship. The application materials do not include a description of the hardship and the Planners do not find that this is a case of hardship. The buildable land area of Lot 4 is a circumstance created by the landowner through the process of subdividing the land. Without a variance, Lot 4, as designed, is not a buildable lot. However,the economic condition caused by loss of a buildable lot does not, in and of itself, constitute a hardship. The Planners find that the property can be put to reasonable use by redesigning the subdivision to combine the land area of Lot 4 with another lot, or to create Lot 4 so that it has at least one acre of buildable land. In addition, in the Planners' experience, there is no precedent in Scandia for a new lot to receive a variance for buildable land area less than 1.0 acre. The Planners recommend denial of the variance to allow Lot 4 to have a buildable land area of 40,737.7 square feet. ACTION REQUESTED: The Planning Commission can recommend: 1. Approval 2. Approval with conditions 3. Denial with fmdings 4. Table the request PLANNING STAFF RECOMMENDATIONS: The Planners recommend denial of the variance to allow Lot 4 to have a buildable land area of 40,737.7 square feet based on the following findings: 1. The buildable land area of Lot 4 is a circumstance created by the landowner, through the process of subdividing the land. 2. Loss of a lot, an economic condition, cannot alone constitute a hardship. 3. The subject property can be put to reasonable use by combining it with another lot, or redesigning the lot so that it has at least one acre of buildable area. 'RECEIVED APR 0 6 2001 CITY OF SCANDIA File No. �4 �/ APPLICATION FOR PLANNING 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) '21-15.C,91 c1 14 iqING.)41-1 c"1 qv. etc-w► 64 . 2. Washington County Parl ID: 1SioS22o43oapt 1'6e3Z20 Ii O 1 12e2o ZLI 1 aap I 3. Complete Legal Descrifition: (attach if necessary) l 3 See 61-1-1 ,oc-Ft t 4. Owner(s): Phone: (fit , las _ 3ligto ��1�.e+u �� I S1t,2.r►inC. Ott,do O Y% (h) CAN p,t-\PY Ca 1 C.r- 1.-a ,„kttt,..0.1.,11.e ee) 71-.4,t A-cc1 (b) Street Address: 1124Z sG ► ti4,Z A tn.,A E-Mail: City/State: S G i R (IN(A.A.t.s6+442 Zip: 5S.0 73 5. Applicant/Contact Person: Phone: C9u' r•�. Lis cite. e.-.y4 ,4-4s Ll r , (h) &St-ti 29% 7(o2Z (b) Street Address (Mailing): E-Mail: 7-3 Co (bc-a•ti‘ +e,C..Ne-r tJ City/State: Zip: 65 O C 6. Requested Action(s): (check all that apply) x. Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension 1/5/2007 7. Brief Description of Request: (attach separate sheet if necessary) ‘34642.A. e=cam - n r 1/2- LA A e Lev c.v.. I 6ei-1/444 Lica e C. \SA-9LS u1kA.t t i \j AS LAO 1 3181 �4 viiga—G be CI ; re¢—e—tb — S e_C_, q..c'l'at itd c.16, S.t. , `1_1 5)L. —W 8. Project Name: .{-- ..-,........,., i,d,c....,.., 0 .....k. 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: __4* it.cd ta/U�.� Fr -t�td on cc t f-, J,,�e� Lod-�.ce l�C � P Applicant Signature(s) Cs.a r vw, p.,A 1041,044, atiokine.gs. Lu., Date: 1 yCZ. 1 Z5N d G g. [4, 3.zq-o-) For City Use Only + oV Application Fees: 4 1�� 00 PAID Parcel Search Fee: APR - 6 2007 S ti Escrow Deposit: Ap�rs� CITY OF SCANDIA 1/5/2007 I . • • . ,. ,•• •,isii-T".„, ": --‘jf‘",-;i: . . . ,„, ss "t., g "4,_. • • lf:,. \: 1 •...__ ,. ? ' • • • • ...*,--- : . — 4 - c-A'-: • ff'• ' tsii • • e I • • • : •„: - — . Z; \ • • ' r' , ''s . ' • I ... 1....1,,.... ;Z, . .. •1"s •, - I/ I :..• . \, / • L__.: . .221• ,•. . .. _ 1 ,/. . . . •• I: .- • T32N I I 732N •\ . /• i(-:If i T3IN ; ‘s,• ), 1• I T3ON ,.. 1: Is\4\• T29N 1 1 !----, TN- • i .s,•,2,, 1/ • hl---I-1 nT287NN LL, 1 . //' , .I / / —,_ cc? R22W R2IV. 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Agenda Item: 6, Commission/City �" Planning Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Receive and discuss a report on the draft mining ordinance; in particular, discuss the schedule for adopting the ordinance and the issue of allowing mining below groundwater level. Deadline/ Timeline: N/A Background: • The Planning Commission and City Council discussed the draft mining ordinance at the February 6 and April 3 meetings. A work session was held on April 19 to review the draft with the mining operators and affected citizens. • The work session was well-attended. Representatives of all three operators (Tiller, Dresel and Bracht) were present, along with resident John Lindell, Planning Commissioner Moose Malmquist, Mayor Dennis Seefeldt, Councilmember Mike Harnetty, City Planner Richard Thompson, City Attorney David Hebert, Administrator Anne Hurlburt, Forest Lake/Comfort Lake Watershed Administrator Randy Anhorn, and Engineer Dan Fabian (representing two watershed districts.) • Many suggestions for technical changes were made which will require some additional work before the draft ordinance is ready for a public hearing. For example, a clear definition of"mining" is needed; the timing of inspections and review of applications for annual permits needs to be clarified; and the specific requirements for water testing need to be defined, among other issues. Rather than holding a public hearing on June 5, scheduling the hearing for July 3 would allow time to refine the draft ordinance. As the initial Conditional Use Permits (CUPs) for all operators would be issued under the new ordinance soon after adoption, it is important to make sure the ordinance is as clear, workable and protective of the city's interests as possible. • Discussion at the workshop highlighted a significant policy issue concerning the ordinance—whether or not the draft ordinance would or should allow mining below the groundwater level. Discussion of this issue will help staff prepare the next draft of the ordinance. Page 1 of 2 04/25/07 • Even though there have been some assumptions made that the Washington County and current Township/City ordinance prohibit mining below the water table, this does not appear to be an accurate assumption. The CUPs previously issued for the three gravel pits in Scandia did not provide for mining below groundwater. However, at least one operator(Tiller) indicated that they would propose to do so in their next phase, and the County had expected to consider this request. The current city ordinance(No. 28) clearly anticipates the possibility of excavations resulting in the accumulation of substantial water areas upon completion of mining. • Sand and gravel mining below the water table appears to be an accepted and necessary practice in the industry. Dewatering (pumping) to expose the gravel resource is one mining method that can result in significant impacts on the level of groundwater surrounding the site and affect nearby water supplies. The discharge of the water also would create impacts. The letter dated April 25, 2007 from the Comfort Lake-Forest Lake Watershed District (see attached) further describes the issues and concerns with dewatering. • Mining methods involving dredging material from below the water line would not create the same concerns as dewatering. The Scandia operators have not expressed an in interest in dewatering; the ordinance could distinguish among the methods for mining below the water table. • In any case, mining below the groundwater level creates concerns about exposing groundwater supplies to contamination from mining and related operations, as well as environmental pollutants from off the mining site. • Staff is currently researching the safeguards that should be included in the draft ordinance to protect the quality and quantity of the groundwater supply. Recommendation: The Commission and Council should discuss the issues identified in this report. Based on the input from the work session and your discussion, staff would prepare a new draft for review at your June 5 meeting. The public hearing would be tentatively scheduled for July 3. Attachments/ • Memorandum dated April 18, 2007 from Jyneen Thatcher, Materials provided: Washington Conservation District • Letter dated April 25, 2007 from Comfort Lake-Forest Lake Watershed District Administrator Randy Anhorn Contact(s): Prepared by: Anne Hurlburt, Administrator (mining ordinance) Page 2 of 2 04/25/07 1380 W FRONTAGE RD W. I G H W A Y 3 �A S H I N G T O N i STILLWATER, MN 550862 ONSERVATION 6 5 1 - 2 7 5 - 1 1 3 6 [ PHONE ] L j ISTRICT WWW.�MINWCD . ORG MEMORANDUM TO: Anne Hurlburt,Administrator; City of Scandia FROM: Jyneen Thatcher,Wetland Specialist DATE: April 18,2007 RE: Draft Mining Regulations The Minnesota Wetland Conservation Act(WCA) specifically addresses mining operations in section MR 8420.0300. While much of that section refers to metal ore mining operations, the section is applicable to aggregate mines. Therefore, I offer the following comments regarding your draft Mining Regulations. In the past,questions have come up at mining permit hearing relating to wetlands and wetland impacts. If you have questions about these comments, feel free to call,or if you would like me to attend the workshop. Section 3. General Provisions (or elsewhere) In recent years,several landowners in the county have sold gravel off their land for a specific project. These projects were not part of an approved mining operation plan and permit,but a standard grading permit was insufficient to cover all of the concerns. We suggest these sporadic episodes be considered, and addressed within this Chapter of the Development Code. Section 5.2 (7) and (9.C) Application materials should require a wetland delineation of all wetlands on the subject property and within 300 feet of the property. These sections of the proposed regulations should be re-worded to include that terminology,rather than a vague term like"marsh". Similarly,with the public availability of Land Cover data (such as MLCCS),we encourage a more complete description of existing natural resources than just"wooded areas." Section 5.8 Permits from the DNR may also be needed if work is proposed adjacent to public waters, or if the project has an impact on a public water basin. That agency should be consulted as to the best wording for this section. Section 5X. Approval under the Wetland Conservation Act is required for impacts to wetlands. This should be re-iterated within this section of the ordinance. The City could establish guidelines for determining when strict avoidance of impacts is required, or when some flexibility is possible. In the past, questions have been raised regarding"grandfathering" approvals for impacts (especially for mine permits that have been in existence through changes in the WCA),and the timing of wetland mitigation. The most common impact is where a relatively small wetland is perched above a bed of desired sand or gravel. Efforts to protect such basins might be insufficient to fully protect them, therefore replacement might be an acceptable option.The WCA protocols allow for mitigation to be delayed until the reclamation period, after mine closure. The ordinance could address specific standards, or require review and renewal of wetland permitting status at each CUP hearing. Section 8.1 Reclamation should include the following requirements: (3) Initial conditions ... including wetlands map.; (5)Phasing and tinting ... and wetland impact mitigation.; (6) Final condition of site, ... and any wetland mitigation. Supervisors: Louise Smallidge Gary Baumann ° Tom Meyer ° Rosemary Wallace ° Tom Armstrong. Jr Section 8.3 This section relating to the end-state of excavations needs additional review. In particular(1) and (6) are unclear about the distinction between "lakes"and wetlands,and better design standards may be available to direct the applicants. Comfort Lake - Forest Lake Watershed District 220 North Lake Street Forest Lake, Minnesota 55025 Randy Anhorn, Administrator 651.209.9753 randy@ci.forest-lake.mn.us April 25, 2007 Ms. Anne Hurlburt City of Scandia 14727 209th Str N Scandia, MN 55113 RE: Draft Mining Ordinance for the City of Scandia, Minnesota Ms. Hurlburt The Comfort Lake—Forest Lake Watershed District(CLFLWD) appreciates the opportunity to review and provide comments on the City of Scandia's draft mining regulations. In addition, we appreciated the opportunity to take part in the April 19th meeting at Scandia City Offices to discuss the same ordinance. The following are comments from the CLFLWD concerning the draft and subsequent meeting. Our main areas of concern are groundwater impacts (quality and quantity), site reclamation/future considerations, and potential impacts to groundwater dependant natural resources. Groundwater Impacts The City of Scandia has no municipal water delivery system, and its citizens rely entirely on private wells for potable water supplies; "draw-down"effects and potential aquifer-surface water connections created through mining/excavations processes may encourage the migration of groundwater and a concomitant introduction of undesirable elements into the groundwater supplies. Furthermore,this "draw-down" may negatively impact associated groundwater dependant natural resources (mentioned under wetland impacts). For this reason, CLFLWD offers that if any mining activity results in mining into the groundwater and dewatering, a registered professional engineer specializing in the field of hydrology should define the projected dewatering activity including; the proposed rate of dewatering, the cone of depression to be formed, the drawdown effects of the dewatering, and the methods proposed to monitor the effects of dewatering. Also, excavation projects should include as a part of the operation, a plan for diverting Board of Managers Jackie A. Anderson—President Richard P. Damchik—Vice President John T. Lynch—Secretary Jon W. Spence—Treasurer Wayne S. Moe—Manager ti I Comfort Lake - Forest Lake Watershed District 220 North Lake Street Forest Lake, Minnesota 55025 Randy Anhorn, Administrator 651.209.9753 randy@ci.forest-lake.mn.us water removed in the dewatering process to locations where the pumped water will be able to recharge any lowered water tables in the most expeditious manner that is practical. Additionally, as a part of the monitoring well requirements prior to commencing any dewatering activity, the City may want to require the Developer to conduct baseline studies of pre-determined existing private wells, and waterbodies as directed by the City. In addition to established monitoring wells for the site,private wells (if the owner decides to participate) within a radius determined by the City's engineer could be tested for water quality and level prior to any dewatering activity, and retested annually during the course of the project, (or more frequently at the direction of the City's Engineer if complaints are registered that justify such re-testing). Reclamation/Future Considerations Section 8.3;Excavations resulting in the accumulation of substantial water areas after reclamation must meet the following requirements. Another area of potential concern is what happens to the"pits"that fill with water after the operation is closed. A practice becoming more common is the establishment of community developments centered around constructed lakes and lake systems. While these constructed lakes are not considered waters of the state, their outflow may very well influence receiving waters, which are considered waters of the state. In order to minimize downstream impacts in water quality and quantity as well as their associated corrective costs, the proper management of these constructed lakes should be addressed as part of site development. If the pits are land-locked, their created connection to the groundwater could continue to influence levels (see Canisteo Mines, Bovey Minnesota). Rising levels could pose a threat to downgradient landowners and receiving waters. Concern exists that as the pit water-level continues to rise,mine water may eventually discharge from the pit over land surface, resulting in undesirable downgradient erosion and localized flooding. Further, section 8.7 mentions that when topsoil is stripped or removed, it must be set aside on-site for reclamation. The CLFLWD recommends that erosion control practices such as silt fences should be required around such stockpiling in order reduce potential runoff off-site, or to the water-filled pits themselves. Soil particles are the main transport mechanism by which nutrients and other pollutants are transported into rivers, lakes, and other water bodies. Once soil particles have made their way into a pit and settled out, the nutrients are permanently available to support the growth of rooted plants and algae in the basin. Construction of the water-filled pits to a depth greater than I 0 feet will encourage the occurrence of intermittent stratification, which can promote internal nutrient loading and the support of Board of Managers Jackie A. Anderson—President Richard P. Damchik—Vice President John T. Lynch—Secretary Jon W. Spence—Treasurer Wayne S. Moe—Manager Comfort Lake - Forest Lake Watershed District 220 North Lake Street Forest Lake, Minnesota 55025 Randy Anhorn, Administrator 651.209.9753 randy@ci.forest-lake.mn.us excessive algae growth. If a large constructed pit is to remain, and especially at a depth of over 10 feet, it is important to control the transport and deposition of fine particulate material during both the mining and site restoration phases. Wetland Impacts In addition to comments made by Washington Conservation District concerning wetland impacts, the CLFLWD also has concerns (mentioned above), that potential groundwater drawdown could alter wetlands on and off site. While some resultant impacts may be temporary, the periodic drawdown of groundwater as proposed may result in permanent alteration of the classification wetlands surrounding the site. The impacts could result in the deterioration of the vegetative diversity of the wetlands, allow the encroachment of undesirable invasive species, and the potential for permanent drying of organic materials. The impacts of dewatering and discussion of possible safeguards to prevent or mitigate off- site environmental damage may want to be included in the language of the ordinance. If you have any questions regarding these comments,please contact me at 651.209.9753 Sincerely, Randy Anhorn, Administrator Comfort Lake—Forest Lake Watershed District Board of Managers Jackie A. Anderson—President Richard P. Damchik—Vice President John T. Lynch—Secretary Jon W. Spence—Treasurer Wayne S. Moe—Manager �• a f� C, Carnelian-Marine Watershed District ��� • Scandia Plaza II,21150 Ozark Ave. P.O. Box 188,Scandia,MN 55073 April 30, 2007 Anne Hurlburt, Administrator City of New Scandia 15727 209th Street No. P.O. Box 128 Scandia, Minnesota, 55073 Re: CMWD Comments on Proposed Mining Ordinance For the City of Scandia Dear Ms. Hurlburt: Thank-you for the opportunity to provide Carnelian Marine Watershed District input at the April 19, 2007, workshop on the New Scandia Mining Ordinance. In addition to the input provided at the workshop please consider the following additional comments in the development of your ordinance. 1. The Carnelian Marine Watershed District currently requires a permit for mining operations to bring them into compliance with the Districts requirements. It was the policy of Washington County that mining permit applicants first had to meet the requirements of the local Watershed District. a. Will New Scandia be following a similar process? b. The District would be interested in coordinating our review into the City's permit process. The District's past coordination in providing District resource information and comments to New Scandia when considering shoreland variances and development reviews are examples of how this could work for mining ordinance reviews. c. The District has already developed significant hydrologic, natural resource inventory, comprehensive wetland inventory data that is available to the City. 2. The District's primary concerns are stormwater quantity and quality management and the protection of District resources. a. More detail is needed in the Ordinance on what is required for stormwater management plans. We would suggest the City consider the development of a gravel pit provide the same type of stormwater quantity and quality management plans as other developments are required to provide. Rates and volumes are restricted to undeveloped pre-settlement conditions so as to not cause problems to neighboring and downstream properties and resources. b. Mining operations will need stormwater management plans for both the interim mining activities and the ultimate development of the site. c. Stormwater management plans need to include subwatershed maps delineating all drainage areas that drain to or through the property as well as for the property itself d. Proposed mining and grading activities should not significantly change subwatershed divides. Managers John Bower Richard Bohrer Richard Caldecott Victoria Dupre Steve Kronmiller d 2(1_'79 t 421_S4 1 d 29_71S2c 414_57(( 411_ 04 CMWD - (Comments on Scandia mining Ordinance) 4/30/07 Page 2 3. The District is also concerned about the protection of the groundwater and groundwater dependent natural resources as was mentioned at the workshop. a. District policies do not currently allow mining within 3-ft of the groundwater. This is in conflict with the City's proposed ordinance. The District Managers have made the decision that if an existing mining operation was previously permitted to mine into the groundwater prior to the District's permitting requirement a variance from the District would not be required but the operation would still need to obtain a District permit. b. Attached find correspondence and review by CMWD for the Tiller Corp. Scandia Mining Operation for some ideas on language that the City might want to incorporate into the Ordinance if they are going to consider allowing mining into the groundwater. Tiller Corp. does not currently have a permit from the District and their review is on hold until a complete application and permit review fees are received. c. The CMWD is in the process of revising the District Rules. Should the City decide that mining into the groundwater in Scandia is allowed, we anticipate that the District would make revisions to its rules to be consistent with the Scandia Ordinance. d. Regardless of whether or not a mining operation actually goes into the groundwater the soils involved are highly permeable, and a direct conduit into the shallow aquifer. The removal of the vegetation and overburden make the risk of contamination that much greater. Therefore it is very important that each mining operation have a well designed and implemented surface water management plan. It's also important that the plan include operations and maintenance plans for those facilities. 4. To make the annual permit reports less burdensome on the operators and consistent, the City may want to require that the applicant shoot sufficient spot elevations in the active mining area after each season and have those shots overlaid on the existing and proposed contour maps. Applicant could further verify compliance with permit by establishing several control points around the pit at which digital pictures could be shot each year and included in the annual report for comparison with the previous years report. Please feel free to contact me at (651) 770-8448 if you have any questions on this comment letter. Sincerely, Daniel A. Fabian, P.E. 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EAST UNE 11\1 , \-• •--_, 3 %.\\s''' \ 1 \''v•• 'ii I/I /7 s' . ' ‘ % \N. ' ) 1/11‘ ,,,, ,,... .0",\\ ..0 ....- 1 i ft,/ 1 ‘ ,,,s, \ \ s''...••'•'1,11) I I N!I/ SE1/4-NE1/4.... , •/r, \ • r .-- OVVNER/DEVELOPER: ‘i' ,,,\\A‘i N11 I °•••.:••.._..,'/-1/1/11/1 1•••• '1/41.1\‘‘‘‘\\ '1/4 1 ''''s ../ I i I i 1 i I / ....".••• , • f I I I\ 1,....-"- t GERMAN LAKE VENTURES,LLC AA; ,, 1 1 I ti• -,,,4 // II \ t%SI% \ \,, Ili \\----'' 31 I+ '• s 1 1• `--OHW //,-•:-1 „•••'... /6 i / ‘..., „,. •/ „ ‘ 1809 NORTHWESTERN AVENUE ' t " t I ;„„.••• e• , /,/, I ''.1, I \1 \\.... . / , /,/ \ oil ‘ ‘ 1 .„, a .,-- .„.• \ 1‘ \ t 1. I •,....0.'• i I • 1 • .-..„.••••• . ..0,9.0.. .."...• '-. I I i V V STILLWATER,MINNESOTA 55082 /04 I% ‘ W _„. i ' 11/1 1 ill s ..1..lan.....r. N, /.. ....): / ,.; 1 -t-.....--•••••=;9!` I 9 1 9 \ 1 ,/4/I 1 1 i _Id In 7-7-- ....! /, , i I 1 -- . ‘ -, ' TOTAL ACRES:88.5* 49 ‘ ‘ • ....`,.---" i 0..1 1% s 1 s s ! •••,:s' ,...,...--'...., ,'• „...1)•. IP!/ \ NUMBER OF LOTS: 8 P ‘‘ ..',. ",...--' illy r i) 1 ,,, ." _..{: rif -`• s ' 'NS---^' -:.") \ 1 III _4.. _ Iv-rut , 300r \ / II 1,600 FEET,+/-OF ROAD fi '''. "••,,, \v„.... .,, \ •91 5.,lit 1 I 111 v• .., l • . .0-''''•••)`•••(1/4•'•••„••••.,•,„.o'7 -,.. ,•..._,..‘ II/1u I / / I SURVEYOR ENGINEER 8,WETLAND 1... ''•• s•-,, I 1/ ( • -.6 ' • . ., r. ..• 1 ,./ , ,4,....„ . --e-- • ' \ --.- 4.1 \ ...„ - -1 WI SPECIALIST: \.....\„ ......_., 4 11‘...,,,,„ t 'r \•1 w,4;1 , I/ • 1;; ,1 41'.:, \ \ w••• /I \ 1 \\‘\.%,\ HULT&ASSOCIATES,INC./MFRA I \ ••• 1,1 4 P.O.BOX 37 w‹••••••,._-,.1 I)1 1 i It f-,,.. 7.:7-1-2••'-'..- '‘‘‘‘‘'''••••' FOREST LAKE,MINNESOTA 55025 W W j 1 t •••W., k i o 't, "•:- I/ • ..--.•-...'•'"••••-:.--',,‘\:•."::•• 651-464-3130 ••••w•.':.=••••*/ ‘ I ti \ ' ‘ i I.,.,,,,,..z: ,... 1 .9.541 II: AREA ABOVE W:9.1± AC 1 / / -.-. -• • •‘-..-•-• VERTICAL DATUM: NGVD-1929 1 •,, 1 ••••-•.....-.••••,I I 1 1 V BUILDABLE AREA. 1.2± AC. '‘\''.."\\ fit r--- N.;,\-.,__ tos,‘IAI,f 1 4411" 6, ; I ./--""-7\‘'':••:-.'7----- ••••-,\•,AREA ABOVE OHW:6.1± AC \ N\\1•11\\‘11,11 \ \ /-,,,, '. •.- BUILDABLE AREA: 2.7± AC. 2 ,-.,,N ‘.‘,. , ., \ , s „,. 4. i , ii / ‘ \%\ w/ III W \ %16‘. \‘‘,‘N ‘. '•:`.,.\",.. ..--' --- \ .•6%\ •,,,,,..........,_ _980 \ ZONING: LINE s\ •••,......./ ‘) ••,....... ...5. • VIA\ s.'• • • WASHINGTON COUNTY A4 ,...,&- SE1/4-NE1/4 AREA ABOVE OHW:6.7± AC BUILDABLE AREA: 1.1± AC. ‘ ••\•.-.., , I, •,.% ,/ ..\ \ ..k•-% !V. ••••14.31.4;01D,ECnIc i NEW SCANIDA TOWNSCHIP-AG. '•.\ -...e,./ i \ \;4,,, ‘\*\ .'\ '4 . ,•••••, . ,,,„PANS cttlE EATEMEtir LOT AREA 4 PER 40 ACRES ''•,...„_d',_;7.,,_„../ \ \'\\‘'Pki i,op<13!,LwiEc's / BUILDABLE AREA 1 ACRE \ ./1 ,-SOUTH LIN ‘,T,c) ., ., \ 'WEN., ',,,t I \ ROAD FRONTAGE 300 FEET •,. ,.. SEI/4-NE1/4 6 , ‘,a •6\.\ ‘‘‘‘ ... --------- ----- _ ,.e_ \ ' a N\;,;•. ',.‘ .,‘, BUILDING SETBACKS: \--------- J'Ila L, •..--''''•:.< ‘.". .`a '. • FRONT 40 '-NORTH LINE SIDE YARD 20 5 , REAR YARD 50 t NE1/4-SE1/4 %.• •?lea,, N‘t;\•I'', : WETLAND 20(75 FROM OHVV) sf0, 4, 4‘;•••1/4 ‘ .34,4 N • , % 1 SHORELAND DISTRICT \ ..- ‘FAi Aiiii GERMAN LAKE _D 1 \ NATURAL ENVIRONMENT,UNSEWERED 1 AREA ABOVE OHW:5.7 AC DNR PROTECTED WATERS 82-56R 0 5 BUILDABLE AREA: 1.3 AC. /:;;;;•:4:::.... • •. er,'" •/ • LOT AREA 5 ACRES ABOVE OHW g < • BUILDABLE AREA 1 ACRE WITHIN BUILDING SETBACKS . •',., (USING 150'OHW SETBACK) if 1;//:4::/ , ....,-;:-.'.:1‘...;4 \7‘;+11...:1,..\'''‘:',I. ,or.-....„ I:••,,, •',\ , I" I 4 1 r"e / LOT WDTH 200 FEET(WASH CO.) Z.% ....-' 1 I/I 44, \ 300 FEET(NEW SCANDIA TWNSP) 4 .,„‘"•-•••••-;•'*ss ••••• _.----I Is ;,3,563'' I\ , 14.' t ' I t .. era, -.... I ;I' ---- ' , iii . -- •'71'3 N . I 1 OHW SETBACK 200 FEET(STRUCTURE) le • . - , , , , - -•., / / i, •,,s.,. \ • 1, (.:1•..\ A 150 FEET(SEPTIC SYSTEM) /1/ / / ,''.---1 1 1•1 b 1;9 aS T.41 ifl Pre:,_''•Vk '''' s' E \ / 4 i ; f l' ' I Z., ,, / N5,14460%$E1/4-11- .16.. 3 7 4."•:' .", ,_ RECEIVED -• .-,, - 1/i / I 'gel') :/..•••/-•••-.;.....?',-,.._ '`,., 1 \'''' \,, • ...••,..0.....,---.477.:... 1 1- o'"'''' S. -• `•••1'; ' 1. i,I 1 \ l• i• ,'-'*•'''sets 7•••-•••1 '' 'c wE,„i,, f 1 1,...,•-•••v.:••••...I, I,' i ........:......146.....4. 14:: (.) \'' , ik ,,,, , ...••• •••-••....,•0.,..••......ais as . 1, 1 _ -_ .-. , i,,••,licami*''is-••••••j•••.1 '. 1 1 A ?)I \\N'- , • --_."\cy 4.i.-0•...---...--1.6*.••••••4 iii, NORTH ,,,,j.;1'....;•*---- II ilittiii NON-I4EANDERED ""-"*"••*01:41'42;,1.".....!"...‘t.-•"""i&-' ••'1i5"-•-r".1 . 1 i .1,i'. .i.-r - _ 'A ,/,',P11"; NATURAL ENVIRONMENT LAKE . 4•Q 41..74•:„ ......:•••••:• .•.'9 I 9 • 1 ) VI I I CITY OF r • I „,.. c..., ,,,_ DNR PROTECTED WATERS: 82-56R \.................•••••-,..-•-•..,fr •',...... ":19,111.1 III 1 9 iii . SCANDIA 61 .,,N.1‘..._ __ __-__.;::.......--.,: ./.!..;.::,....!f4r, HIGHEST RECORDED ELEV.: 957.13 .".. ..., -7-Tb/. • '•-••tzrz7's"."*....14;-N•li.'..•••':•;--:'-:-I.-.1/ ii 1 r,a; ......• ii ,1,,,,__--:::,,,_40_,// „.."1 k LOWEST RECORDED ELEV.: 954.54 '././I‘• ' 0014, .• N.Z.,„s ••• ,„„,....,• k • "S. , ' -••••ts...i.:; .„,:.;•••-----4/ ii,, t ,.,.., 1 irT ••,••••..---1.--;^..9.3...---- .-- ‘ ORDINARY HIGH WATER: 955.5 •. / / ‘ 0. • -\ • . • 0•••1 x, k....,.........:.„:.......;,,,,,....-,.• „....• / ‘ '9. •J'''' • /*Li"' ---‘‘r-••••‘..\•\\,•474)) II 111111373eit••.•.•/ :-•it() \--- - .--;„e"...? WIE , 0.. \ \'''‘ LEGEND I ‘. '3, ....-----:-r- ."-s.:".:-:;---- \ ‘ P \ ),/ a5 venoms som.9161646 N 7 4 AC \ , ,..,\ \••\,1 ; if. I,....1 , v 4..." •ft ,,, ,,,, --- -, i, • I'•••.1 : • •41w '''St.._ / `-••\' ITT EOCLM SOL TESTING `••••=. , I 9574 0104: • I .....' ,-\I i /961.1 si // XRE°'kiLE ' /1 ( • \\I\ \\ • 1 .11••••/....r •.,, ..".. - . • .-.49' r;o„ °Dim,NE NAND:REA 013.wEATED \ t BUILD- ''// I IN \./ I• . 1 ,1,,.,,,bdis,,,4 ..,„•./ . .....,„„• r. , ...I..). .,Mk,k•S TES.Nic --_-__, •_._ 1 IL \ , y ... A 4.• ira.l.,:.•- 1.,....., ,„• 1 ' --• na '•.. . \ ,,,,... w- / ' ' '-' •-•'' 111114.9634) \ , 3.'.7_. *I::.,;. .4: --, ..0",,,,, . . i r l• _- ... I 0 \. 6 a . I') , .Z‘ \„: /1-11.:".•:::-.0.1-0,;;.::;.`,;41,:•:-.7,il.:.-.....iii;w ...,.‘ ---,i - /1 .•.. ". \ t "'%'••••)••1111".A-#4tiv• ' st.4:-96, _t.•-1 / 5 .)i. ,. .--...!.,,FiN. ...4,...v. - __. , ieg.0 •9563 s. -93'irt 1 .i N %.:.7-74:'::::""f.'..:•'''''''‘:' :"..'N'-'1"':'il g : <0 ....--WEST LINE e \ / ,f1 \ 1 :;•:::::;:•:-.:71707;:••:i 6_- ..0*--- NE1/4-SE1/4 ,z7---rl---17:•.'21- •...........77-- ,•:-,.. ,DANTLME _.1 ..----- 't•••••••"'.•••• '''' " • ' -•-.••••• • •-•/' • , ..",, '4,0,00....t• \ • 1 •....'11 ....'' ' .4,4; w ..........‘‘ / ? ah 1 • . 0,, ..•'`': ' •••• 1 \ibs, •I • OHW,..., ....... \ . ,...........-••••i......\ ., GPAPHIC SCALE ; 1 / 4',..... ".. ' • , WETLAND 4 too ormicin= moi....iro /1- 960.7 i ../ 1 -- ' .1tit...4 N1 \ • ‘ lc,90.4..„,..,--1-1,..„...•••.`• 112.3op.s.P. i „., _ .___,i INEN-100 FEET 84ilt CI 4490 \ \•.,,\ I • • IS 1 --- ' 1 o ,, • ...=._••.•••'• , 46'<e•l'r OA, • - - '' --le.....•• e.••l•••--••• :'•••••••\ 0 ;q .... ,ii• 4413- LI 44,4•.-,A0•;6 r t 4; •/.* 1....7:1-.t.•:#'s • s.•••••_,..•••••• •,\ i 10 ,/,„/1 • ' 7 .01 7.9.t. 'lc ', ;-\5o\--4•4•.•••/,..4••••••••,•••••1"•"":11;.....•‘V 1 I 4c. 1 I I , 1 % ..1.....I..'ofet,7.'.".,-Y.--:/.-• • i• (. r • i . ....' •,:5" ----.' In ...._.,_ , t I.%•••• •• 0,4, ••••• . 6... a .""•••••: /I/' •• 'bid II /// • , ..- AREAS . , CLIts ,„--SOUTH LINE •1 7 „ ' --""........-7.7 -•‘•••al •,,, ' ..„..... loi,i I ...- •'• BLOCK 1 -- NE1/4-SE1/4 / ' ,:','ITTA910-19:•*, ,%.„0,* „•• -------- ----< _______ / /. ,,....L.. 4.•. ••...r... ......... , ' ._I .. r -1--1--;-.-r•--k----11--- ...„-.rix,-,..., •- , 1 _ . 41:1i AND 3 LOT No. /REA (ACRES) . -,„_ NORTH LINE (..)Li " 1tiqr---......__. • •.• 7------------- S1/2-SEI/4 a.rI 1 i t . • , ,.., I i k tY.•.••Y• 3'••'•.*•'Y':'••••••3•••••x••;,• 1 A - 1 \ ....t.....1.........1.:-:"..-.!...ilfs•'`..g•'••-•4:''''••• •••" -•i' i . ' ta _. •,• ' I I Iv...o..•4....1...,.,;-•........r....,... :.,...:1 • .' . 63 ' k I ' 11 *.L......7.*. f.';',::'.1'•••**4710-• '•-:••.1.-- -iiv,. 4 --____________________.27± LY A ‘ ./••.)•.••F•./..r:...A............ ••••••••}.q %kA __jisIzt 2 ....•WES T LINE t i.....•‘;`41,:. •*1•-•-T0;•Vr•11.7%•••1•••7'•:.1;•••61 •*-1-1‘• 19..\' ''•I ' 6 13 19± S'N ..„, -010. 5E1/4-SE1/4 co.-1 111...1....1'4''•I(';*•••••r••••••••;•••••;•-•-:•0;41130 V.1 : •‘I i • :: / 1 i ..1.4..... .ii;•ii• •‘ •••kli5`I. •••••••••••••' -" ''.:-i,‘ 4P.1.81 g:107 6T 11/-,' ' , __________._____ ::im 3* s',....\•1/4.. t a / / 73±8 ,,,,,,,`•,,,,,„•%;.,', .• L..., i, ‘ /.1..1.. •'1..-,,:17.1n.?7'81%.?.*.''.'.'•'•1'••••• , cr D • / • \.1...1.....:/..:I.......,.:1,:,,../......i.../.e.)..•-i-,,.....*.t.''...":4-.1 - I' 1 li I r • \ ‘% •• ''., • ..--,..., a co 1 j•e --- •'•3.••• • :•••4.....1..:".......1 .......••4.. •.• 1. i 4,K 04---;SUZANiie A•1....''S, 7':' • .•.--..1.-.t 1.* ; Y••••1••••••••1'91 El I' . --ir I : i ,,,,%•:\‘.\‘‘:\‘‘..,,,,\;:"...12•-•.::----•-• ---":-.„.:,‘‘..\'' ,_.....,__ ., ._-.,........ .....„.......1 CKELSON..•-•"" •••,•.7•••., ( 11--'ir 117 -7......---•V‘'..-•:-- 1:: / .I '': 11 l 11 .si k 11 \s'::\N‘., ws ''--• --•••":'w, - . .., . . KV a ASSOOATES, /NC. SURbf MRS.chopireRs. --- '''•••,‘N \\-\--'"'"--'- " ---------I-111"1:1"-r-------' ;;•'. •g484 ' ' ' .97.5 L'' : :AN.1-D.r1Ais Tili.Lill l'N.'0IIRTN\ :.1 a mritaao sacaausrs --, roREST LANE,um •••• .... ••-• -•,‘ t 1 ,., '... ,.7••••...":"'w w_S.,, .. .., 1 1,•11. wirammagn DAIL 04/05/07 ...... :77,'••••••••"*.•:,.--'"w 's,.„.,.... w..- --• ..- -• .,...,,...••'- * .••• ..••• ......-• „,„,..• \ \ \ \ • .975'SC ..... ...• . I '": • 1...\ • • SUPPLEMENTAL SHEE T LOT 4 RECEIVED ' PROPOSED PLAT APR o s Zoos OF CITY OF SCANDIA GERMAN LAKE V/S TA S �• 4 • k . 4: .. a < i F '. «ip h , r. T7—^ i.•, 41 '�:: y .r b 'r` n :« +R•. s+'r".c'."�♦.M4Mf n.. Rl� t ' • • ay. . , •d pY a yy �j 1jt�!" �i 31» + •,J. 4'y" k 7 tiy' r::43d"4 ye su:, +, At'. } f. it:Iv''')0 IV - pC'a1 , lr S R:• ,=uc:. ti(A #' t„1- +v trrk .i -� >m /fY'1�4! , • V.„,,,, • � •.x y.I .. .+ :S :ram. • '- �.`;.% • x , ., • " _ �'i' �� � '� '"" d "' ti�S. its�,;. • 1' y '�,���►lyrtf ya1 rrr :1 .IE'' Yrt p. ,T u.•K 'Sid. i`a jY'� •w •� • if .y •+ ` 9 war -e. ,. vY s ). �j�a� ' • ♦ .,,iY .:4k 4 M �, Ys H • ♦ �r i r •f t4^ } _ 'tea �y y �, ,s, r s err: , r;:. 0 N 03 GRAPHIC SCALE = M 600Cr o _ HULT St ASSOCIATES, INC. 1 INCH = 600 FEET SURVEYORS, ENGINEERS IST n &' WETLAND SPECIALISTS a t )0 R T H FOREST LK., MN 651.464.3130 z 04-06-07