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06-05-2007 Meeting & PC CITY OF SCANDIA CITY COUNCIL AGENDA June 5, 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) Robert and Lonna Koch, Request for Certificate of Compliance for a Stairway in the Shore and Bluff Impact Zones of Bone Lake, 22933 Mallard Avenue (Resolution 06-05- 07-01) b) 2007 Street Improvement Project 1) Change Order#1, 228th Street between Lofton Avenue and Meadowbrook Avenue 2) Change Order#2, Oakhill Court 3) Easement for Turn-Around at East End of 240th Street. 4) Wetland Replacement Plan c) Personnel Matters 1) 2007 Recreation Program Staffing 2) Appointment of Maintenance Worker d) Replacement of HVAC Unit at Community Center e) Quote for Correcting Drainage Problem on Lofton Court 0 Draft Employee Leave, Work Hours and Overtime Policy 6. Recommendations from the Planning Commission a) White Rock Ranch, LLC, Mark Youngdahl. Final Plat for White Rock Ranch (File No. 2007008) 1) Final Plat (Resolution 06-05-07-02) 2) Development Agreement b) Big Marine Development, LLC. Final Plat for Tii Gavo Open Space Conservation Subdivision (File No. 2007009) 1) Final Plat (Resolution 06-05-07-03) 2) Development Agreement 3) Wetland Replacement Plan c) Discussion of Draft Mining Ordinance 7. Adjournment Meeting Date: 6/5/2007 Agenda Item: A City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application of Robert and Lonna Koch for a Certificate of Compliance for a stairway in the shore and bluff impact zones of Bone Lake at 22933 Mallard Avenue. (File No. 2007014) Deadline/Timeline: 60-day review period expires July 23, 2007 Background: • Rob and Lonna Koch's new home is in the final stages of construction on their lot in Bone Lake Estates. The lot has a steep slope to the shore of Bone Lake. • To access the lake, the Koch's have proposed to construct a stair down the slope. They also plan to remove scrub trees (all under 6 inches in diameter) and reseed the entire width of the lot with a prairie seed mix. The existing large trees along the shoreline would remain. • Stairways are the only permitted alteration to achieve access up and down bluffs and steep slopes to shore areas. The regulations for such stairways are contained in Section 8.5 of the Shoreland Regulations (excerpt attached.) • Staff visited the site accompanied by Melissa Lewis of the Washington Conservation District and Randy Anhorn, Administrator or the Comfort Lake - Forest Lake Watershed District. The Kochs and their contractors for the stairs and the landscaping were present. After this meeting the plans were revised slightly to reduce the height of retaining walls, and non- native plants were removed from the plan. • The application appears to meet all the requirements of the Shoreland Regulations. The stairs will not exceed 4 feet in width; there will be no landings exceeding 32 square feet; and there will be no canopy or roof. The concrete steps will be placed into the ground, with erosion control blankets installed to prevent erosion until native plantings stabilize the slopes. The regulations require that the stairs be located in the "most visually inconspicuous portion of the lot." It appeared to the group meeting on site that it would meet this criterion. Even though the steps would be on the steepest slope, placing them in this location would require the Page 1 of 2 05/29/07 shortest length stairway, and be the most direct route to the logical dock location given the existing shoreline vegetation. The initial plan included a taller retaining wall (4'),but the plan was revised to substitute two smaller boulder walls, which should be less conspicuous from the lake side. Recommendation: Staff recommends approval of the Certificate of Compliance, subject to a number of conditions, which have been incorporated into a draft resolution for the Council's consideration. Attachments/ • Draft Resolution 06-05-07-01 Materials provided: • Excerpt of Shoreland Regulations • Survey • Stairway Plan • Seed Mix Specifications Contact(s): Prepared by: Anne Hurlburt, Administrator (koch cc) Page 2 of 2 05/29/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO.: 06-05-07-01 CERTIFICATE OF COMPLIANCE FOR STAIRWAY IN BLUFF AND SHORE IMPACT ZONES AT 22933 MALLARD AVE.N.(FILE NO. 2007014) WHEREAS, Robert and Lonna Koch have made application for a Certificate of Compliance to allow a stairway in the bluff and shore impact zones of Bone Lake on property located at 22933 Mallard Avenue North; and WHEREAS, the property is legally described as Lot 3, Block 2, Bone Lake Estates, Washington County, Minnesota; and WHEREAS, the City Council reviewed the request on June 5, 2007; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Robert and Lonna Koch for a Certificate of Compliance. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That stairs shall be constructed according to the plan submitted to the City of Scandia on May 24, 2007. The stairway shall not exceed 4 feet in width, landings shall not exceed 32 square feet, and no canopy or roof shall be permitted. 2. Prior to construction a continuous silt fence shall be installed along the shoreline of Bone Lake. Proper installation of the silt fence shall be verified by the Washington Conservation District prior to disturbance in the bluff and shore impact zones. 3. All plantings along the stairway shall be native materials. The final planting list shall be reviewed by the Washington Conservation District prior to installation. Resolution No.:06-05-07-01 Page 2 of 2 4. Selective removal of existing vegetation in the shore impact zone will be permitted. No grading shall be permitted. Following clearing,the area shall be re-seeded with the prairie seed mix as proposed by Minnesota Native Landscapes, or an alternative mix subject to approval by the Washington Conservation District. 5. All exposed area shall be replanted and protected with erosion control blankets not less than three days after removal of existing vegetation. The Washington Conservation District shall inspect the site to verify the timely and proper installation of erosion control measures. 6. The applicant shall pay all costs associated with issuance of this permit. Adopted by the Scandia City Council this 5th day of June,2007, Dennis D. Seefeldt, Mayor ATTEST: City Clerk Effective Chapter Six Shoreland Management Regulations I 8.2 High Water Elevations._ The lowest floor including basement of any structure constructed in a shoreland area must be 2 feet above the 100 year flood elevation or 3 feet above the highest known water level whichever is greater. p 8.3 Height. No structure shall exceed 35' in height. 8.4 Lot Coverage. A maximum of 25%of the lot may be covered with impervious surface. This includes all structures, decks, patios, walks, and surfaced or unsurfaced driveways.. 8.5 Stairways, Lifts, and Landings. Stairways and lifts are the only permitted alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: 0 0 (1) Stairways and lifts must not exceed four(4) feet in width on residential lots; p (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; (3) Canopies or roofs are not allowed on stairways, lifts, or landings; p (4) Stairways, lifts and landings may be either constructed above the ground on posts or pilings, or placed into the ground,provided they are designed and built in a manner that ensures control of soil erosion; p (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems 1 to 5 are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (7) A certificate of compliance is required. p 8.6 Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 8.7 Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads,driveways,structures,or other improvements on steep slopes. If necessary,conditions must be attached to permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. p p Washington County Development Code 15 p p -6 CERTIFICATE OF SURVEY FOR Robert Koch 22933 Mallard Avenue North New Scandio, MN u 'd �a _ ,11Lx7 a.00 CI 1 r 1 s�t I a lauIS Ex B�Og i--- I il 1 I I 1 1 8 - ��1 / �� ,el i J'rii�Ii�,t �� li PROPOSED HOUSE — \ ' ,' % J'l1'J1 !' t 24 WILLOW 8 -- , , , J,,r,i �' ass \ • -?f /' i i 11/ x,,At11' VA 24 WILLOW i' r , r / 1/ I� , ...-....il 11,33_ ° I47t1'J"86' No J -�'''' , / ' +Ae b, r 1 �, se> °.° 5 00 %� '' ;: /' / '' .' I II ! a; ASH tLl S. li 1 i i / /1 f/67/ .01. i''WOW 0§ i a'SZ' ' i / m b v ry a i/ i2r 6 ASH HOUSE DETAIL c f '' ,' r •r 7' A) a`� w�a , r-i�' ASH I ,y 05FA , , i , , / , J / / • I NOT TO SCALE Pam / , r. r , , / i J , ,i v 4p, U'Maow I I o~i 1 '1 ` � "� J ' i i i r i ,Y r J I i / _�'. r /.'"'' ' o I I a ' , t _,-- '`I / ' / / C' I 1° ° \ -�_.-" `���,.° ', i / , , i / / , / PROPOSED ELEVATIONS I r, , jr r ° ; 0 1t 1 i i / j ,' / i' i Z Finish Floor 943.5 -"' 49D' 0 c , r / / , / f 1 1 Coroge Floor w 942.0 I inN 1 1 c _ -- 1 i lookout 936.E I *; a, , i•'Y 1 `\ i / r i / i ,/ , ° ( Basement Floor er 933.4 ° 11 �.-�'- 604.30 B \ , / i 9' poured concrete walls I $Zt 1° it ' 1 �y�47' \ t 1 1 / / , t 1 1 F I l �__ \ , I I 1 I ' �! I / 3�11I 1° i•'i'"'• 111 - _ 'I i it i1 / it I i LEGEND I r I ;p .�'�" ........... - ' r 1 1 i t Denotes iron monument found I i I 'a '' `�• • ® Denotes catch basin 5. If_ -1`` I `' , Denotes dectricd box t gk-C \R00Is-`tqA"t ' f M Denotes telephone box § • -. E \\ i I Denotes contour line R a- ,`� t Denotes proposed contour line rC Denotes proposed devotion : r i I LEGAL , erebYtwufy that twe.aw ry.plan rerepw y l prepared by roe w uMw my f, Lot 3, Block 2. BONE LAKE ESTATES, Minimum Standards 1 ewerviakn and that 1 an a defy WASHINGTON COUNTY. MINNESOTA Frontage on m oopoo,od pnale ek.et 150 tool eK•sea lan• sw a« ' ' •�I I•�• MLSE Lot dam at eugaNq Nlbodk line typ tot f late ,, II Subject to easements of record, if any. Building setback kern t land 75 tot c _R tt 0 50 BEARINGS ARE ASSUMED e.+ai.q•atboa kam rode R-o-w 40 feet I, b �����.- Yates Low! B rc g.w.ywa setbon zo rot .a NM„.. - �se ``. Basylei Blueing row 'Ara sale«, 50 feet • •.rrmbe�w-e 411••••• I' A IN Builder to verify sewer service locations and structure••teat,from lake f bluff lose feel ` • W a•h•.tinbel W4YA 1p SfplHox y devotions skated.e seebock lion too m awn 30 rot pA1E/r 1LofOb LIC.No. MSS wr' yd....rp t.r.laxtt twaaty 'w CRAM BY JalitixIMO.PROJECT NtlueER 1770 001 BOa. PAGE jZ - Installation of silt fence (per plan) along lake front - Install two 2' boulder walls spaced according to grade(per plan) - Install segmented concrete steps with a boulder border on both sides - Install plants(native species only, to be chosen by homeowners) along steps and Between boulder walls -Install hardwood double ground mulch along steps, around plantings, and in between fi The boulder walls - Selective removal of existing brush nothing over 6"caliper will be removed Removal to be done by hand by flush cutting -Reseeding to be done by Minnesota Native Landscapes to immediately follow brush Clearing, which in turn is followed by installation of erosion blankets over entire Seeded area. di) L' Cl �' , 0, _. Minnesota Native Landscapes, Inc. It Suggested Custom Prairie Mix for: Koch Residence - New Scandia, MN MNL(G2)-Mid-Height Xcric Prairie Grasses(3 to 4 feet) Big Bluestem(Andropogon gerurdi) 3.0% Side Oats Grama(Bouteloua curtipendula) 30.0% Blue Grama(Bouteloua gracilis) 10.0% Prairie Brome(Bromus kalmli) 6.0% Canada Wild Rye(Elymus canadensls) 10.0% June Grass(Koeleria cristata) 2.0% Little Bluestein(Schizachyrlum scoparium) 35.0% Indian Grass(Sorghastrum nutans) 3.0% Prairie Dropseed(Sporobolus heterolepis) 1.0% Suggested rate/project area 8 lbs.PLS MNL(F2)-Mid-Height Xcric Wildflowers Fragrant Giant Hyssop(Agastache foeniculumn) 2.0% Prairie Onion(Allium stel/arum) 2.0% Leadplant(Amorpha canescens) 4.0% Butterfly Milkweed(Asclepias tuberose) 6.0% Smooth Blue Aster(Aster laevis) 2.0% Azure Aster(Aster oolentangiensis) 2.0% Partridge Pea(Cassia fasiculata) 2.0% Stiff Tickseed(Coreopsis palmate) 2.0% White Prairie Clover(Dalea candidum) 12.0% Purple Prairie Clover(Dalea putpureum) 11.0% Pale Purple Coneflower(Echinaceapallida) 5.0% Common Ox-Eye(Heliopsis helianthoides) 5.0% Round Headed Bush Clover(Lespedeza capitate) 3.0% Rough Blazing Star(Liatris aspera) 6.0% Wild Lupine(Lupines perennis) 4.0% Wild Bergamot(Monarda fistulosa) 2.0% Showy Penstemon(Penstemon grand Jlorus) 5.0% Yellow Coneflower(Ratihida pinnate) 4.0% Black-Eyed Susan(Rudbeckia hirta) 9.0% Stiff Goldenrod(Solidagu rigida) 2.0% Showy Goldenrod(Solidugo speciosa) 1.0% Prairie Spiderwort(Tradescantia bracteata) 2,0% Hoary Vervain(Verbena stricta) 6.0% Heart-Leaf Golden Alexanders(Zizia aptern) 1.0% Suggested rate/project area 1.5 lbs.PLS 14088 Highway 95 Northeast • Foley, Minnesota 56329 • 320-968-4222 • Fax 520-968-4223 • www.mnNativelandscapes•com Using native plant communities to a nh4nce you,envirvnmcnt... Meeting Date: 6/5/2007 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: Approve two change orders for the 2007 street improvement project: No. 1—Repair of sections of 228th Street between Lofton Avenue and Meadowbrook Avenue ($25,001.40) No. 2—Reconstruction of Oakhill Court from Oakhill Road to 500 feet south ($38,002.50) Deadline/ Timeline: The project is underway. Background: • At the April 3 meeting, the City Council approved the addition of repairs to sections of 228th Street to the project, to be funded with the proceeds of the bond issue. The change order formalizes that previous direction. • At the May 25 meeting, the Council directed the engineer to obtain a quote from Dresel Contracting for the reconstruction of Oakhill Court. The quote has been obtained and change order#2 would add this road to the project. Funding would come from the 2007 Road and Bridge Fund budget. Recommendation: I recommend that the Council approve the change orders. Attachments/ • Change order No. 1 Materials provided: • Change order No. 2 Contact(s): Tom Peterson, Bonestroo 651 604-4868 Prepared by: Anne Hurlburt, Administrator (road project change orders) Page 1 of 1 05/23/07 �� Owner:City of Scandia, 14727 209th St., P.0. Box 128,Scandia,MN 55073 Date May 22, 2007 Contractor. Dresel Contracting, 24044 July Ave.,Chisaao City, MN 55013 Bonestroo Bond No: Bond Company. Western Surety Company, P. 0. Box 1068, Houston, TX 77251 929419214 CHANGE ORDER NO 1 2007 STREET IMPROVEMENTS BONESTROO FILE NO 000568-06133-0 Description of Work This Change Order provides for repair of sections of 228th Street between Lofton Avenue and Meadowbrook Avenue Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO 1 1 COMMON EXCAVATION CY 640 55 00 S3,200 00 2 SELECT GRANULAR BORROW CY 320 59 00 $2,880 00 3 GEOTEXTILE FABRIC SY 960 $1 65 $1,584 00 4 REMOVE BITUMINOUS SY 840 $2 50 52,100 00 5 AGGREGATE BASE TN 387 $9 80 $3,792 60 6 LiMEROCK SHOULDER TN 30 $21 10 $633 00 7 NON-WEARING COURSE TN 100 541 70 $4,1 70 00 8 WEARING COURSE TN 80 543 70 S3,496 00 9 TACK COAT GAL 50 $2 30 $11500 10 SILT FENCE, REGULAR IF 200 $1 10 $220 00 11 SALVAGE AND REINSTALL MAILBOX EA 2 S75 00 $15000 12 STRIPING LF 240 $0 67 $160 80 13 MISC - MOBILIZATION, TRAFFIC CONTROL, LS 1 $2,500 00 $2,500 00 RESTORATION, SAW CUTTING, ETC TOTAL CHANGE ORDER NO. 1: 525,001.40 368-06133CHO1 xis • Original Contract Amount S 1,376,282 60 Previous Change Orders SO DO This Change Order S25,001.40 Revised Contract Amount (including this change order) S1,401,2841 00 CHANGE IN CONTRACT TIMES Original Contract Times. No Change Substantial Completion (days or date) Ready for final Payment(days or date) Increase of this Change Order Substantial Completion(days or date): Ready for final Payment(days or date). Contract Time with all approved Change Orders Substantial Completion (days or date). Ready for final Payment (days or date) Recommended for Approval by. SONESTR00 Date r , Approved by Contractor. Approved by Owner. DRESEL CONTRACTING CITY OF SCANDIA Date Date cc Owner Contractor Bonding Company Bonestroo&Assoc 568di133CHO rls ilia Owner: City of Scandia, 14727 209th St.,F. D. Box 123,Scandia,MN 55073 Date May 22, 2007 lr Contractor: Dresel Contracting, 24044 July Ave., Chisago City, MN 55013 Bonestroo Bond No: Bond Company,Western Surety Company, P.0. Box 1068, Houston,TX 77251 929419214 CHANGE ORDER NO. 2 2007 STREET IMPROVEMENTS BONESTROO FILE NO 000568-06133-0 Description of Work This Change Order provides for the reconstruction of Oakhill Court from Oakhill Road to 500 feet south Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO 2 1 COMMON EXCAVATION CY 925 S5 00 S4,625 00 2 SELECT GRANULAR BORROW CY 465 S9 00 $4,185 00 3 GEOTEXTILE FABRIC SY 1400 SI 65 S2 310 00 4 REMOVE BITUMINOUS SY 1220 S2 50 S3,050 00 5 AGGREGATE BASE TN 670 S9 80 S6,566 00 6 LIMEROCK SHOULDER TN 25 $21 10 S527 50 7 NON-WEARING COURSE TN 110 S41 70 S4,587 00 8 WEARING COURSE TN 110 S43 70 S4,807 00 9 TACK COAT GAL 70 S 2 30 S 161 00 10 REMOVE PIPE CULVERT LF 47 S6 00 S282 00 11 18" RCP LF 32 S3600 S1,152 00 12 18" FES EA 2 S87500 S1,75000 13 MISC •MOBILIZATION,TRAFFIC CONTROL, LS 1 S4,000 00 S4,000 00 RESTORATION, SAW CUTTING, ETC TOTAL CHANGE ORDER NO. 2: 538,002.50 568-06133CHO2 xls Original Contract Amount S 1,376 282 60 Previous Change Orders S25,001 40 This Change Order S38,002.50 Revised Contract Amount (including this change order) S 1,439,286 50 CHANGE IN CONTRACT TIMES Original Contract Times No Change Substantial Completion (days or date) Ready for final Payment(days or date) Increase of this Change Order. Substantial Completion(days or date) Ready for final Payment(days or date) Contract Time with all approved Change Orders. Substantial Completion(days or date). Ready for final Payment(days or date). Recommended for Approval by. BONESTROO Date: /„101,t7-7 1./ C72-1-76 7 Approved by Contractor Approved by Owner. DRESEL CONTRACTING CITY OF SCANDIA Date Date cc: Ownet Contractor Bonding Company Bonestroo&.Assoc 33Cr102 xis Meeting Date: 6/5/2007 Agenda Item: ) 3 City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve acquisition of easement for turnaround at the easterly end of 240th Street, east of Manning Trail. Deadline/ Timeline: Should be completed soon to avoid delay in the 2007 street improvement project. Background: • The plans for paving 240th Street east of Manning Trail call for a turnaround at the easterly end of the road. • An easement is required from property owned by Mr. and Mrs. Dallas Oman. • The Omans are willing to provide the easement in return for compensation in the amount of$825.00. Recommendation: The Council should approve acquisition of the easement and authorize payment. Attachments/ • Sheet C5.03 of Project Plan Materials provided: • Letter from David Hebert dated May 23, 2007, with attachments Contact(s): David Hebert, City Attorney 651 464-3397 Tom Peterson, BRA 651 604-4868 Prepared by: Anne Hurlburt, Administrator (2406 easement) Page 1 of 1 05/30/07 N. I ,� 0 O I O I i 1 11 SEE SHEET C5.01 I. il 5 ANNING TRAIL S — � . . I N0;9 4,60:RI _ I -I n i+ 6.CE 912.46 . � si I 1 zD m pp 94268. g3'0�::: ::': O'.Sa4y x HHga t ys II goy19421.81 .csofni ....8... .Y. 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' / I "! 0 929.5 ::B� :y 00 J 929.60 OWE::02960: II I ea ... 928.9• i _ — 1290 ........ 211 ill cDg..x 1N..+ 926.g: Io •928.90• .4..L,. q_Ylg o 92923 NN mP�' il 1 mmA "p _ I U N � e1 ° + 928.6• ¢rCa:f2w00: \ g � III N o :930.00• l o��91 � ymi Si I (b O EVCEi030.00 ...... • z • 1930.71 l L` ^^^��� •93}-00 \.. 0o932.0 .... .... Fno o - •932.00 - s N x-__J_ - - --- --��W, I ��y V I / / u z 5 SCANDIA, MINNESOTA St.Paul Office �"'^MET 1eO ER YD =Iw.OR WORT wwc MP Ut ;a . mom: MY DIRECT SUPER.. . 2007 STREET IMPROVEMENTS 2335 West Highway 36 MO VAT I MI.0ER THE,,,OF THE n. KORSSONAL« 010,011 Q K St.Paul,MN 55113 .+t.•me �� MO Ip F Phone:651-636-0600 „y.ge,Ep nm 0 240TH STREET-EAST OF MANNING TRAIL Bonestroo Fax:651.636-1311 ,ORTEY2e/1ror 0110110STRc0 2007 ...Oonest,ee.=0n Or ue.w 1ele ..w.,n nx-a,a HEBERT AND WELCH, P.A. RECEIVED ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET,SUITE 301 MAY 2 4 Z007 FOREST LAKE,MN 55025 Phone: (651)464-3397 Fax (651)464-8664 CITY OF SCANDIA DAVID K.HEBERT MICHAEL A.WELCH May 23, 2007 Mr. and Mrs. Dallas L. Oman 26449 Forli Avenue Wyoming, MN 55092 Re: 240th Street Road Turnaround Dear Mr. and Mrs. Oman: As a part of its 2007 road improvement project, the City of Scandia wishes to place a turnaround at the easterly dead end of 240th Street North bounding your property. A representative of the engineering firm has contacted you regarding this matter. The enclosed deed is intended to convey to the City the turnaround as shown on the drawing, also enclosed with this letter. We ask that you sign the deed in the places indicated, exactly as your names appear, in the presence of a notary public and return the deed to me for recording. Please call me, the City Administrator, Anne Hurlburt, at 433-2274 or the City Engineer, Tom Peterson, at 604-4868 if you have any questions. Thank you for your help in this matter. Sincerely yours, HEBERT AND WELCH, P. A. 4d1164 David K. Hebert DKH:lp Enclosures cc: Anne Hurlburt Tom Peterson axw* aWDOCS 28-M—QUIT CLAIM DEED (Top 3 inches Reserved for Recording Data) Miller/Davis Co.o St.Paul,MN 651-642-1988 Individual(s)to Corporation, Partnership or Limited Liability Company Minnesota Uniform Conveyancing Blanks(1/15/97) DEED TAX DUE: $_ EXEMPT Date: , 2007 FOR VALUABLE CONSIDERATION, DALLAS L. OMAN and MARY H. DAHLIN-OMAN, husband and wife Grantor, hereby conveys and quitclaims to CITY OF SCANDIA (marital status) Grantee, a municipal corporation under the laws of Minnesota real property in Washington County, Minnesota, described as follows: An easement for public street and utility purposes on, over, under and across that part of the NW 1/4 of the NE 1/4 of Section 6, Township 32, Range 20, Washington County, MN described as follows: Commencing at the northeast corner of said Northwest Quarter of the Northeast Quarter; thence southerly along the east line of said Northwest Quarter of the Northeast Quarter 33.10 feet to the south line of the North 33.00 feet, and the point of beginning of the easement to be described; thence continuing southerly along said east line, 40.12 feet to the south line of the North 73.00 feet, thereof; thence westerly along said south line, 69.58 feet; thence northerly at right angles to last described line, 40.00 feet to said south line of the North 33.00 feet; thence easterly 66.45 feet along said south line to the point of beginning. together with all hereditaments and appurtenances. Check box if applicable: 1 1 The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. U I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. DALLAS L. OMAN Affix Deed Tax Stamp Here STATE OF MINNESOTA MARY H. DAHLIN-OMAN COUNTY OF ss. This instrument was acknowledged before me on , 2007 Date by DALLAS L. OMAN and MARY H. DAHLIN-OMAN, husband and wife r—NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered(Torrens) Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): DAVID K. HEBERT TAX STATEMENTS: NO CHANGE HEBERT AND WELCH, P.A. 20 NORTH LAKE STREET SUITE 301 FOREST LAKE, MN 55025 PHONE: 651-464-3397 / FAX: 651-464-8664 ATTORNEY I.D. NO. 43023 ___ WARNING:UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. ri I 8 6 S gx¢ Hdpd 5 i ,3 3 6 p� C?(p hoog,L is ig A ��r C F ,A/1",/ rfl,�/--\l7V VVVIV I I L3h e Northeast corner of the Permeffent-Roadway Easement I f Northwest Quarter of the 33 Northeast Quarter of Sec. 6,-� _ �i 9 a Twp. 32, Rng. 20 '\1 A{Aermanent-easement.for.roadway purposes over,under,and across that part of the T North line of the Northwest Northwest Quarter of the Northeast Quarter of Section 6,Township 032,Range 20, Quarter of the Northeast Quarter-� \1 Washington County,Minnesota,described as follows: of Sec. 6, Twp. 32, Rnq. 20 \11 Commencing at the northeast corner of said Northwest Quarter of the Northeast Quarter; g: 8 2 1 thence southerly along the east line of said Northwest Quarter of the Northeast Quarter, 0 ; °" o awe 240TH STREET NORTH 33.10 feet to the south line of the North 33.00 feet,and the point of beginning of the 3 1 f 2.4 u easement to be described;thence continuing southerly along said east line,40.12 feet to the e.' �° " �'2.$ n 1 _Roc. Easement per south line of the North 73.00 feet,thereof;thence westerly along said south line,69.58 feet; h�,„a:g "' } Doc. No. 941085 thence northerly at right angles to last described line,40.00 feet to said south line of the �` 66.45 North 33.00 feet;thence easterly 66.45 feet along said south line to the point of beginning. ry T South line of the North 33.00 J `_Point of I feet of the Northwest Quarter- ,� o o\ Beginning Said easement contains±2720.63 square feet(±0.0625 acres). O of the Northeast Quarter 5 I NO South line of the North 73.00 �o� 69.58rr C I feet of the Northwest Quarter _J r / _ #-[[[###m0 11 of the Northeast Quarter of - Sec. 6. Twp. 32, Rng. 20 r m Permanent ,' I C op". Roadway u„�_ DALLAS L. & MARY H. DAHLIN-OMAN Easement I �a N P.I.O. 06 032 20 11_-0003 a um- J I n1I1I\ i -rr)� /1/1 FEET OF T r- I NZ I Cr 1 VV I\ 1 f / `I,lJ l/ l L_L_ I V I 1 1L_ p o o r-A^T 1/1/1 /1/1 r-r-r-T 7 /lf- Tl Jrf- L_/"1.:I ii ll ll.ll ll / L_L_ r VI 1 nil a f la--F 2 n n"/ o /e nc- TI ir- Sir- A /A nr- �o� 0 SO 100 OLkoN I r v rr I/ `r/ LA I nC I vL- V `r yr c w O A/ ?" Scale in feet Z a o .:L-v, iA rr,1. .� 1\Invl7 lJ IA/A Si- IAI/1T/1A1 /sal Jr,/T\/ Q W ii 3 I r r hr v v r ON v V v/v I / I No field work was completed for this description and sketch. Z to Q „E U o _a tn0c°w 1 of 1 Meeting Date: 6/5/2007 Agenda Item: 5 b `71) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the Wetland Conservation Act application to fill 10,927 sq. ft. of wetland and replace impacts via the BWSR Road Project wetland bank, as submitted May 1, 2007 and amended May 23, 2007, for the 2007 Street Improvement Project. Deadline/ Timeline: Needed ASAP Background: • Jyneen Thatcher of the Washington Conservation District has prepared the findings and conclusions for the wetland permit for the street improvement project (attached.) • The total wetland impact proposed is 10,927 sq. ft. Replacement would be from the BWSR (Board of Water and Soil Resources) Road Project mitigation bank. • The original application proposed 15,978 sq. ft. of impact. The Technical Evaluation Panel (TEP) questioned the need for impacts on 232nd Street and whether it would qualify for replacement from the BWSR bank. In order to avoid the need to find alternative wetland replacement area and/or potentially delay the road project, 232nd Street was redesigned. The pavement was narrowed to 16 feet (from 18 feet) and shoulders were reduced to 1 foot (instead of 2 feet) in the areas of the wetland impact. Recommendation: I recommend that the Council approve the wetland permit application. Attachments/ • Findings and Conclusions (dated May 29, 2007) Materials provided: Contact(s): Jyneen Thatcher, Wetland Specialist Washington Conservation District 651 275-1136 (x 25) Prepared by: Anne Hurlburt, Administrator (wetland permit for road project) Page 1 of 1 06/01/07 Wetland Conservation Act Findings and Conclusions Scandia Roads Project, May 29, 2007 Findings: This project (as originally submitted on May 2, 2007)proposes to fill 15,978 sf of wetlands for road improvements including resurfacing, culvert work, and shoulder repair and widening. This impact was distributed over eighteen (18)basins and five road segments. Impacts will affect Types 1, 2, 3 and 5 wetlands, limited to the edge along the existing roadbed, including DNR basins 82-55W and 82-66W. Some of the impact (914 sf) is within Chisago County; most is within Washington County. The MnDNR has waived their regulatory jurisdiction to the Local Government Unit, under the Wetland Conservation Act(May 9,2007). The Corps of Engineers has issued a separate jurisdiction letter(May 24,2007). Delineation was reviewed by Washington Conservation District, and spot checked by Technical Evaluation Panel (TEP)on May 17,2007. The TEP agreed with the boundaries as flagged in the field. Minimization efforts include steepening the sideslopes, shifting the road alignment, and narrowing the road surface near wetlands. Replacement is proposed via the state road maintenance wetland bank. During site review, TEP questioned the necessity for Impact #14, on 232nd Street, based on apparent low traffic volumes at this time, and whether this impact qualifies for the BWSR road bank. Alternatives for replacement include project-specific mitigation or purchase of wetland bank credits. An addendum to the application was submitted on May 23, 2007, eliminating Impact#14, by design modifications that avoid all wetland impact at this location. Notice of application was mailed on May 15,2007; no additional comments were received. Conclusions: The amended application for 10,927 sf of wetland impact appears to qualify for replacement by BWSR, as per the Wetland Conservation Act Rules 8420.0544. The application package, with original TEP signatures, has been forwarded to the Wetland Bank Program Coordinator (May 24, 2007). Confirmation of BWSR's agreement to replace the wetland impacted should be obtained prior to the construction impact occurring. Prepared by: / )5'1'6144" Jyneen Thatcher Wetland Specialist Washington Conservation District(on behalf of City of Scandia) Meeting Date: 6/5/2007 Agenda Item: j, C ) /) 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) Appoint Kristin Stenborg to the position of part-time, seasonal Recreation Program Youth Leader, at the pay rate of $8.00/hour 2) Approve the hiring of Ian Soreno and Neil Taurinskas as Skateboarding Instructors, at the pay rate of$7.50/hour Deadline/ Timeline: N/A Background: • At the May 1 meeting the Council authorized advertisement for part-time season recreation program youth leaders. Recreation Coordinator Marty McKelvey has recommended hiring Kristin Stenborg for this position. Ms. Stenborg would be assisting with programs offered at Camp Lakamaga. (Ms. Stenborg has been previously approved to teach an art class at $12.00 per hour.) • Initially it appeared that two such employees would be needed; however, as registration are slow and volunteers for some activities have been secured, only one position should be filled at this time. • Also at the May 1 meeting, the Council authorized hiring of instructors for the Skateboarding program. One of the approved instructors (Joey Yetman) is no longer available. Ms. McKelvey has recommended hiring Ian Soreno in his place. There was also an error in the pay rate for Skateboarding instructors in the May 1 report—the pay rate should have been $7.50 per hour, not $10.00 or$12.00 per hour for high school-aged instructors. Recommendation: I recommend that the Council make the appointments. Attachments/ • None Materials provided: Contact(s): Marty McKelvey, Recreation Coordinator (651 433-8410) Prepared by: Anne Hurlburt, Administrator (rec program staffing 2) Page 1 of 1 05/31/07 Meeting Date: 6/5/2007 Agenda Item: 5 c ) 2) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint Mike Egelkraut to the full-time Maintenance Worker position, starting on June 11, 2007 at the pay rate of$17.30 per hour. Deadline/ Timeline: N/A Background: • Forty-nine applications were received for the position. Six applicants were interviewed by the Human Resources Committee (Councilmembers Peterson and Crum and Administrator Hurlburt.) • The position has been offered to Mike Egelkraut contingent on the Council's approval, and upon satisfactory completion of a drug and alcohol screening, physical, and driver's license and criminal history checks. • Mike's previous employment includes working with the Chisago County Highway Department and as a mechanic for Northwest Airlines. He has also worked with a road construction company. His mechanical aptitude and experience with heavy equipment will make him a great addition to our staff. • Mike will work 40 hours per week and will be eligible for the benefits provided to full-time employees, including health insurance, consistent with Council-approved policies. Recommendation: I recommend that the Council make the appointment. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (maintenance worker appointment) Page 1 of 1 05/29/07 Meeting Date: 6/5/2007 Agenda Item: , d) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider quotes for replacement of an HVAC unit at the Community Center. Deadline/ Timeline: N/A Background: • The Community Center has 3 HVAC units. One was replaced last year and the second was replaced this spring. The third, original to the building, has failed and is now in need of replacement. • Problems were noticed in April. The unit was not able to keep up with the cooling demands during a May 30 funeral dinner. Two HVAC contractors have looked at the equipment and recommended replacement. • Quotes have been requested from Scandia Hearing and Air Conditions and Lakes Air. We expect to have them available for review prior to the June 5 City Council meeting. • This expenditure has not been budgeted, but is necessary in order to make the building usable for the many events scheduled this summer. Recommendation: I recommend that the Council receive the quotes and select a contractor to replace the HVAC unit. Attachments/ • None Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (community center HVAC) Page 1 of 1 05/31/07 Meeting Date: 6/5/2007 Agenda Item: 5 _z) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve quote from Scandia Trucking and Excavating, in the amount of$1,800, for work to correct a drainage problem on Lofton Court. Deadline/ Timeline: N/A Background: • At the April 17 meeting, the Council discussed a drainage problem on Lofton Court. Resident Cal Floerke, 23259 Lofton Court, reported a flooded basement during the spring thaw. The City Engineer recommended a proposed solution at the May 15 Council meeting. • The project will consist of excavating approximately 200' of shallow ditch along the back side of the curb on the south side of the street, hauling the material away, and placing topsoil and seeding the disturbed area. This will prevent runoff from the hill south of Lofton Ct. from flowing onto the street and into the Floerke yard. Recommendation: I recommend that the Council approve the quote. Attachments/ • Quote Materials provided: Contact(s): Tom Peterson, Bonestroo 651 604-4868 Prepared by: Anne Hurlburt, Administrator (lofton court 2) Page 1 of 1 05/31/07 04/29/2007 15:15 0 PAGE 01 SCAND!A TRUCKING & EXC. ROGER RYDEEN PROPOSAL 18901 0ak7reen Ave N. t Marine, MN 55047 PROPOSAL NO fer.-p0A SISEET NO PROPOSAL SUBMITTED TO: DATE ,.-- NAME WORK TO BE PERFORMED AT: S -- ;d -d e ADDRESS ADDRESS �GQ� --- art CITY,STATE --- CITY,STATE — _ DATE OF PLANS — — PHONE NO -- ._' ARCHITECT — -- — —�--- We hereby propose to furnish the materials a d pe orrn he I or necessary for the completion of so —1 Leta re All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed In a substantial workmanlike manner for the sum of: 00 Dollars (S ,8 QQ _} with payments to be as follows P^y.etranrn a a 7 Me tonenom n creek we4 ne tteu any ee cheep wa bu eranen tt a upcn.omen eve •ne rn Meeet an.sv�a`Mt, Respectfully submitted ever as ebrve the rbmate. Au eemmttna CaateMWs- e,, 0643 _..—.._ BcrdeMe o'de•a)a Weyaf v+ca•ry Per,. - — - - Note-This proposal may be withdrawn by us it riot accepted within—_—__days ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Pevments will Oe made as outlined above SIGNATURE DATE_._-_ SIGNATURE F.er.r 9450 ---- Meeting Date: 6/5/2007 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: Review draft of revised Employee Leave, Work Hours and Overtime Policies. Deadline/ Timeline: It would be desirable to adopt revised policies as soon as possible given that we are in the process of hiring two new full-time employees. Background: • Earlier this year I presented the Council with an outline of a revised set of personnel policies. Writing these policies has proven to be a large endeavor. It may be more practical to revise the policies in smaller pieces that can be later compiled into a comprehensive policy document. The Council approved policies for employee health insurance benefits in March. The next sections most urgently needing attention are policies on employee leave (vacation, sick leave, etc.) and work hours and overtime. • The proposed changes from current policies were reviewed on a conceptual level with the Human Resources Committee on May 9. • The draft policy was prepared using, in part,model language provided by the League of Minnesota Cities (LMC) and other policy language I have worked with in the past. • The most significant changes from current policy are: ➢ Elimination of the current vacation and sick leave policies, to be replaced with"PTO" (Paid Time Off, sometimes also referred to a Flexible Time Off or Annual Leave.) Replacing traditional vacation and sick leave with a single, flexible bank is becoming more common for government and businesses. It allows employees flexibility to take time off, but reduces unplanned absences if employees feign illness to utilize their sick time. It eliminates the need for employers to "police"whether or not an employee is truly sick, and the issue of whether or not they can use sick leave to care for family members. Typically the total amount of leave time under a PTO plan is less than the total amount of sick and vacation leave granted, as most employees do not use all of their sick time (nor do employers typically expect them to do so.) ➢ The following table shows the amount of time granted under the current policy, compared with that proposed under the draft policy: Page 1 of 3 05/30/07 Current Policy Proposed PTO Years of Service Vacation Sick Total Total 0— 1 40 96 136 132 2—4 80 96 176 168 5—9 120 96 216 192 10—14 160 96 256 216 15+ 160 96 256 240 ➢ The total number of hours of proposed PTO at all steps is slightly lower than the total leave time provided by the current policy. The PTO policy would,however, allow significantly more "discretionary"time off for employees with fewer years of service—for example, 132 PTO hours vs. only 40 vacation hours at one year of service. Scandia's current vacation policy is significantly less generous than that of most other small cities, which commonly start employees with at least two weeks of vacation pay in addition to sick leave. ➢ There are a number of other smaller cities (< 10,000 population) in the Metro Area with PTO policies. Of a half-dozen cities for which data was available (Arden Hills, Carver, Centerville, Hugo, Lake Elmo and St. Anthony Village) the average PTO at one year of service is 20 days per year(160 hours.) At five years, the average is 21 days (168 hours); at 10 years, 27.6 days (221 hours); and at 15 years, 31 days (248 hours.) ➢ The proposed policy caps the maximum accrual of annual leave to 480 hours. There is currently no cap on vacation or sick leave accruals. A cap is needed to avoid large pay-outs when someone leaves the city. The proposed limit would ensure that about three month's salary would be the maximum liability. Since it would take about that long to replace a full-time employee, the City should be able to absorb that amount in its budget. ➢ Transition language is included for employees with current vacation and sick leave balances (this affects only three employees.) Vacation leave would be converted to PTO. Sick leave balances would become"Banked Sick Leave", to be used only for longer illnesses (more than 3 consecutive days.)No additional banked sick leave would accumulate. The current severance policy paying employees for unused sick leave would be retained. This would affect only one current employee (Maintenance Supervisor John Morrison.) He could potentially receive up to $5,000 in severance pay upon leaving employment after ten years, if he maintains a Banked Sick Leave balance over 480 hours. (He currently has 600+hours on the books.) ➢ The Holiday policy is basically unchanged, except that any employee required to work on a holiday would be allowed to take the hours worked as paid time off on an alternate day, subject to the supervisor's approval. The current policy provides for time and one-half pay,but the employee loses the holiday. Page 2 of 3 05/30/07 > Language on Funeral/Bereavement Leave is changed to refine the list of eligible family members for which leave may be taken and to clarify existing confusing language. > Policy language has been added or expanded with regard to jury duty, court appearance, military leave,parenting leave and other special statutory leaves. Many of these types of leave are governed by state or federal laws, but it is important to include language so it's understood how they will be administered and coordinated with city policy. > New language on leaves without pay was added. The current policy is silent on whether or not this is allowed. > The section on work hours and has been revised to clarify that regular work schedules and/or office hours may be changed with written notice at least one week in advance to the affected employee(s.) > The sections on meal breaks, rest periods and adverse weather conditions are new,based on LMC model language. > The overtime policy has been expanded and clarified. Sections for non-exempt(overtime-eligible) and exempt(non-overtime- eligible) employees have been added. > The maximum amount of compensatory time off(in lieu of overtime pay) for non-exempt employees is proposed to change from 40 hours in a calendar year to 80 hours. This will allow more flexibility particularly for public works employees, who may work long hours seasonally, to take time off instead of overtime pay. It has the potential of saving the city some money for overtime pay while giving the employees some desired flexibility in seasons when demands are not as high. Some limit on the amount of comp time is desirable, as generally employers can place few restrictions on its use. > Some guidance on work hours for exempt employees is proposed in the last section of the policy. This will help establish the expectations for the Building/Code Enforcement Official position. Recommendation: I recommend that the Council review the draft policy and give direction for any changes that may be desired before approval. Attachments/ • Draft Policy Materials provided: • Current Personnel Policies Contact(s): Prepared by: Anne Hurlburt, Administrator (leave and overtime policy) Page 3 of 3 05/30/07 City of Scandia, Minnesota Employee Leave,Work Hours and Overtime Policies DRAFT—May 30, 2007 1. EMPLOYEE LEAVE a) Paid Time Off(PTO) 1) Paid Time Off shall accrue according to the following schedule for regular full-time employees: PTO Hours Completed Years of Accrued per Pay PTO Hours PTO Days (8 hr.) Employment Period Accrued per Year Accrued per Year 0— 1 5.5 132 16.5 2-4 7 168 21 5-9 8 192 24 10— 14 9 216 27 15+ 10 240 30 2) The City Council may establish higher levels of annual leave accrual for an employee at the time of hiring if such authorization serves a public purpose. Such accruals shall never exceed the maximum allowed. 3) Regular part-time employees shall accrued PTO on a pro-rata basis if they are scheduled to work 30 or more hours per week. b) Administration of Paid Time Off(PTO) 1) An employee shall not have more than 480 hours of PTO accrued at any time unless a written request has been submitted to and approved by the City Administrator and the City Council. 2) Employees may not use PTO until it has been credited to the employee's bank in the payroll system. 3) Accumulated PTO cannot be transferred from one employee to another. 4) PTO shall not be earned by an employee during leaves of absence without pay when such leaves are in excess of ten(10) consecutive working days. An employee receiving either short term or long term disability insurance is considered to be on leave without pay for the purposes of this section. 5) PTO will take two forms: (a) planned time off which will be scheduled in advance with the supervisor's approval; (b) emergency time off which will require notification of the supervisor within 30 minutes of the employee's scheduled work day if the employee is not at work, or notification of the supervisor before leaving work. 6) PTO may be used in increments of one hour or more. Draft Employee Leave and Work Hour Policies 5/30/2007 7) If unplanned time off shows a pattern suggesting abuse, the City Administrator shall notify the employee of his/her concern. If such abuse continues, the employee shall be warned in writing that such continued abuse may be cause to deny future unplanned time off requests without a physician's note. 8) Upon separation from employment, the unused balance of PTO shall be paid to the employee at the pay rate the employee is earning at that time. c) Transition—Employees Hired Prior to Adoption of PTO Policy 1) Vacation time shall be converted to Paid Time Off(PTO), one hour of PTO for each hour of vacation time accrued. 2) Sick leave shall be placed in a"Sick Leave Bank". (1) The Sick Leave Bank may be used in the case of an extended personal illness or disability requiring more than twenty-four(24)hours of continuous absence from work. The Sick Leave Bank may be used for the twenty-fifth (25th) and subsequent hour(s) of absence. (2) The City reserves the right to require a physician's statement indicating the nature and length of the disability, and/or the ability of the employee to return to work, for any absence for which the employee requests use of the Sick Leave Bank. (3) No additional Sick Leave shall accrue, and balances shall not be converted to any other form or thing of value at any time for any purpose for any employee, except as may be provided by this policy. (4) Full-time employees shall be entitled to payment for unused Sick Leave Bank balances as severance pay upon retirement, death or resignation only under the following conditions: (a) He/she shall have an accumulation of at least sixty(60) days (480 hours) of sick leave. (b) He/she shall have been employed by the city or township for ten(10) years or more. (c) Severance compensation shall be one-half of unused sick leave, but shall in no event exceed $5,000.00. (d) If payment of severance pay is made as a result of the death of an employee, it shall be paid to his/her surviving spouse and if he/she leaves no spouse surviving, to his/her estate. d) Holidays 1) The City observes the following official holidays for all regular full-time and part- time employees: (a) New Year's Day(January 1) (b) Martin Luther King, Jr. Day(Third Monday in January) (c) President's Day(Third Monday in February) (d) Memorial Day(Last Monday in May) (e) Independence Day(July 4) 2 Draft Employee Leave and Work Hour Policies 5/30/2007 (f) Labor Day(First Monday in September) (g) Columbus Day(Second Monday in October) (h) Veteran's Day(November 11) (i) Thanksgiving Day(Fourth Thursday in November) (j) Friday after Thanksgiving Day (k) Christmas Day(December 25) (2) Official holidays commence at the beginning of the first shift of the day on which the holiday is observed and continue for twenty-four(24)hours thereafter. (3) When a holiday falls on a Sunday,the following Monday will be the"observed" holiday and when a holiday falls on a Saturday, the preceding Friday will be the "observed" holiday for City operations/facilities that are closed on holidays. (4) Full-time employees will receive pay for official holidays at their normal straight time rates,provided they are on paid status on the last scheduled day prior to the holiday and first scheduled day immediately after the holiday. (5) Part-time employees will not receive holiday pay, unless they are normally scheduled to work at least 30 hours per week. Eligible part-time employees will receive pro-rated holiday pay based on the number of hours normally scheduled. (6) Any employee on a leave of absence without pay from the City is not eligible for holiday pay. (7) Non-exempt employees required to work on a holiday shall be paid time and one-half their regular rate of pay. Any employee required to work on a holiday shall be allowed to take the hours worked as paid time off on an alternate day, subject to the supervisor's approval. (8) Employees wanting to observe holidays other than those officially observed by the City may request either PTO or unpaid leave for such time off. 2) Bereavement/ Funeral Leave (1) Funeral leave may be granted to full time City employees,or to part time employees scheduled to work 30 hours or more per week. To be eligible for funeral leave an employee must furnish adequate proof that a death has occurred with the employee's immediate family. (2) The term "immediate family" shall include spouse, parents, step-parents, child, step-child, grandchild, step-grandchild, siblings and step-siblings of the employee, or grandparents of the employee or spouse, mother-in-law or father- in-law. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. (3) Paid funeral leave may be granted for one,two or three work days where the supervisor concludes such leave is warranted provided that no more than three days (24 hours) of paid funeral leave per calendar year shall be allowed. 3 Draft Employee Leave and Work Hour Policies 5/30/2007 3) Jury Duty (1) Regular full-time and part-time employees will be granted paid leaves of absence for required jury duty. Such employees will be required to turn over any compensation they receive for jury duty, minus mileage reimbursement, to the City in order to receive their regular wages for the period. Time spent on jury duty will not be counted as time worked in computing overtime. (2) Employees excused or released from jury duty during their regular working hours will report to their regular work duties as soon as reasonably possible or will take accrued vacation or compensatory time to make up the difference. (3) Employees are required to notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of time spent on jury duty and pay form is completed by the Clerk of Court so the City will be able to determine the amount of compensation due for the period involved. (4) Temporary and seasonal employees are generally not eligible for compensation for absences due to jury duty,but can take a leave without pay subject to city administrator approval. However, if a temporary or seasonal employee is classified as exempt,he/she will receive compensation for the jury duty time. 4) Court Appearances (1) Employees will be paid their regular wage to testify in court for City-related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment,minus mileage reimbursement,must be turned over to the City. 5) Military Leave (1) State and federal laws provide protections and benefits to City employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 days in any calendar year. (2) The leave of absence is only in the event the employee returns to employment with the City as required upon being relieved from service, or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each calendar year, not to exceed five years. (3) Where possible, notice is to be provided to the City at least ten (10) working days in advance of the requested leave. If an employee has not yet used his/her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active duty time, prior to the unpaid leave of absence. 4 Draft Employee Leave and Work Hour Policies 5/30/2007 (4) Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. (5) Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days will follow the same procedures as for any employee on an unpaid leave of absence. 6) Leaves of Absence Without Pay (1) The City Administrator may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods not to exceed a total of ten(10) working days in any calendar year. (2) Requests for leave of absence without pay in excess of ten(10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees shall request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. (3) Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting its purpose shall be discharged. (4) While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurance(s) in which he/she is a member or be eligible to accrue PTO or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in active service where the period exceeds ten consecutive working days. 7) Parenting Leave (1) Employees who work twenty(20)hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin within six (6)weeks after the birth or adoption of the child. (2) Employees are not required to use accumulated PTO during Parenting Leave but may do so at their option. (3) The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Any group insurance coverage in which the employee participates will remain in effect during the six (6) week Parenting Leave. 5 Draft Employee Leave and Work Hour Policies 5/30/2007 (4) If the employee is also found to be eligible for leave under the Family Medical Leave Act(FMLA) when this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently until eligibility for either leave expires. 8) Special Statutory Leaves (1) Any employee who works an average of(20 hours per week or more) may be granted unpaid leave not to exceed 16 hours per 12 month period to attend school conferences or school related activities related to the employee's child. This leave shall be granted only if: a) such activities cannot be scheduled for non-work time; b) the activities are scheduled to minimize work disruption; and c)the supervisor is apprised of the request in advance(preferably one week or more). (2) Part-time(24 hours per week or more) and full-time employees who have been employed for 12 months or more may be granted up to 12 weeks of unpaid leave in a 12 month period under the provisions of the Family and Medical Leave Act of 1993. Such leave may be granted for the following reasons: a) the birth of the employee's child;b) the placement of a child with the employee for adoption or foster care; c)to care for the employee's spouse, child, or parent who has a serious health condition; d) a serious health condition rendering the employee unable to perform his or her job duties. In the case of the employee or family member's illness, the employee may take leave intermittently or on a reduced work schedule. (3) Employees must provide at least 30 days notice, if possible, of their intention to take such leave. The date the leave begins shall be the date on which the 12- month period begins. (4) The City may require medical certification that the leave is needed due to the employee's own serious health condition, or that of a family member. The employee must provide monthly updates from his/her physician during the leave. The City may also require a second and third medical opinion, at the City's expense. (5) The City may require that the employee use all or part of his/her accumulated leave including short-term and mid-term disability leave and sick leave bank as part of the 12 week leave. The employee may elect to use applicable leave for all or part of the 12 week leave. (6) The City shall continue to pay the employee's health insurance under the same conditions as if the employee were working. The employee will still be required to pay his or her share of the premium. If the employee does not return to work after the leave, the City may require repayment of its share of the medical premium. (7) The employee is entitled to be restored to the same or equivalent position with equivalent pay,benefits, and other terms and conditions of employment at the end of the leave. (8) Part time(20 hours per week or more) employees may qualify for six weeks of parenting leave under Minnesota Statute. 6 Draft Employee Leave and Work Hour Policies 5/30/2007 (9) Any employee who works an average of 20 or more hours per week may be granted a leave of absence to undergo a medical procedure to donate bone marrow in accordance with applicable state law. (10) The policies in this section are general statements of federal and state statutes and regulations. They are for information purposes only and are not meant to increase or decrease the benefits actually available by statute. (11) The Employee must comply with all requirements for furnishing information as outlined in the statutes. 2. WORK HOURS AND OVERTIME a) General Working Hours 1) Work schedules for employees will be established by the City Administrator. The regular work week for full-time employees is five eight-hour days in addition to a lunch period, Monday through Friday. Part-time employees shall maintain such hours in accordance with the customs and needs of the department, as approved by the City Administrator. 2) Office hours for the city office are 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday. Public Works Department hours are 7:00 a.m. to 3:30 p.m. Monday through Friday. 3) Regular work schedules and/or office hours may be changed by the City Administrator with written notice at least one week in advance to the affected employee(s.) b) Meal Breaks and Rest Periods 1) A paid fifteen (15)minute paid break is allowed within each four(4) consecutive hours of work. An unpaid thirty(30)minute lunch period is provided when an employee works eight or more consecutive hours. 2) Employees working in City buildings will normally take their break at an appropriate place for that purpose in each building. Employees working out-of-doors will normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along the assigned route at a restaurant or other public accommodation for their fifteen (15)minute break. Exceptions may be approved by the supervisor or City Administrator. 3) Departments with unique job or coverage requirements may have additional rules, issued by the supervisor and subject to approval of the City administrator, on the use of meal breaks and rest periods. c) Adverse Weather Conditions 1) City facilities will generally be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions 7 Draft Employee Leave and Work Hour Policies 5/30/2007 in deciding to report to work or leave early. Employees not reporting to work for reasons of personal safety will not normally have their pay reduced as a result of this absence,but will be allowed to use accrued PTO or compensatory time, or with supervisor approval may modify the work schedule or make other reasonable schedule adjustments. 2) Public works maintenance employees will generally be required to report to work regardless of conditions. d) Emergency Work/Callbacks 1) A non-exempt,over-time eligible employee who is called in to work after hours will be paid for a minimum of two hours. e) Overtime/Compensatory Time 1) The City has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator will determine whether each employee is designated as "exempt"or"non-exempt" from earning overtime pay. 2) Employees may be required to work overtime as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. 3) Non-Exempt (overtime-eligible) Employees: (a) All overtime-eligible employees will be compensated at the rate of time and one- half for all hours worked over 40 in one workweek. Paid time off, sick leave, compensatory time off, funeral leave and paid holidays do not count toward "hours worked". (b) The workweek begins at midnight on Sunday and runs until the following Saturday night at 11:59 p.m. (c) Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate of one and one-half hours off for each hour of overtime worked. (d) The employee's supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. (e) Overtime earned will be paid at the rate of time and one-half on the next regularly scheduled payroll date, unless the employee indicates on his/her timecard that the overtime earned is to be recorded as compensatory time in lieu of payment. (f) The maximum compensatory time earned for any employee is eighty(80)hours per calendar year. All further overtime will be paid. Employees may request and use compensatory time off in the same manner as other leave requests. (g) All compensatory time will be marked as such on official time cards,both when it is earned and when it is used. All unused compensatory time accrued will be paid 8 Draft Employee Leave and Work Hour Policies 5/30/2007 when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 4) Exempt (non-overtime-eligible) Employees (a) Exempt employees are expected to work the hours necessary to meet the performance expectations for their positions. Generally, to meet these expectations, and for reasons of public accountability, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. This includes normal work hours, evening meetings and/or on-call hours as necessary. (b) In recognition for working extra hours, these employees may take some time off during their normal working hours, with supervisor approval. The time off for extra hours will not be on a one-for-one basis. (c) Exempt employees are required to use paid time off when on personal business or away from the office for four(4)hours or more, on a regular work day. Absences of less than four(4)hours may not require use of paid leave if the staff member regularly puts in work hours above and beyond the normal work hours. (d) If an exempt employee regularly absents themselves from work under this policy and it is found that there is excessive time away from work which is not justified, the situation will be handled as a performance issue. 9 NEW SCANDIA TOWNSHIP EMPLOYMENT AND PERSONNEL POLICIES The personnel policy has been established to help employees do their jobs. It is important that every employee be familiar with the policies contained in the personnel policy statement. This statement is provided only for informational purposes. The policies and procedures described are not intended to create nor are to be interpreted to create a permanent employment contract between New Scandia Township and any of its employees. DISCIPLINE POLICY Section 1. Discipline. Township employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules adopted by the Town Board. It is the policy of the Township to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and the employee may demand a hearing with respect to any disciplinary action which he or she believes is either unjust or disproportionate to the offense committed. The Town Board shall designate a Town Board member or other appropriate person to investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Section 2. Disciplinary action steps. Except for severe infractions, disciplinary action against any employee shall be progressive and follow the steps listed below in numerical order: 1. Oral reprimand. 2. Written reprimand. A written reprimand shall state that the employee is being warned for misconduct; describe the misconduct; describe the past actions taken by the Town Board to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The employee shall be given a copy of the reprimand and sign the original acknowledging that he or she has received the reprimand. The signature of the employee does not mean that the employee agrees with the reprimand. The reprimand shall be placed in the Township's file on the employee but shall be removed from the file after two years from the date of issuance if there has been no subsequent reprimand and no other disciplinary action has been instituted. 3. Suspension without pay. Prior to the suspension or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its length. Upon the employee's return to work, he or she shall be given a written statement outlining further disciplinary actions should the misconduct continue. An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee's personnel file, but if the suspension is for investigation and the allegation proves false, the statement shall be removed and the employee shall receive any compensation to which he or she would have been entitled had the suspension not taken place. 4. Dismissal. The Town Board may dismiss any employee, but if the employee has completed a probationary period, a dismissal shall be made only for just cause. A dismissed employee will be notified by the previous posting of a summary of Minn. Stat. 181.931 to 181.935 or by furnishing the terminated employee a copy of those statutes at termination to inform the employee of his or her right to make a written request for the Township's reasons for termination. If requested, the Township will provide reasons for termination, in writing, within five working days. This notice will along with reasons, contain a statement indicating that the employee may respond to the charges both orally and in writing and is entitled to a hearing before the Town Board under Section 4 of this policy. If such a hearing is held, the dismissal shall not become effective until after the hearing. An employee may be terminated for the following reasons: a. Misconduct during the course of employment. b. Failure to comply with the terms of written warnings or failure to comply with the terms and conditions of employment suspension. c. Insubordinate behavior during the course of employment. d. Destruction, theft, defacing, misusing, or damaging of Township property. e. Use of narcotics or intoxicating liquor during the working hours. f. Unwillingness to perform assigned duties and responsibilities. g. Repeated tardiness or absenteeism. h. Elimination of a job or position. The decision to terminate an employee for "appropriate cause" shall be within the discretion of the Town Board. Section 3. Other disciplinary actions. The following other disciplinary actions may be taken against any employee after steps 1 and 2 above have been followed: 1 . Involuntary demotion. 2. Forced transfer to a comparable position. 2 3. Withholding a salary increase or decreasing the employee's salary. Section 4. Hearing. In any case of suspension, dismissal, or demotion, the employee shall be granted a hearing upon written request for such a hearing made to the Town Board within five working days of notification of the action taken. The hearing shall be before the Town Board. The hearing shall be held within 10 working days from the date the request is filed unless the Township and the employee agree on a later date. If after the hearing, the Town Board finds that the charges are sustained, the dismissal, suspension, or demotion shall be final in the absence of court action. If the hearing officer or body finds that the charges are not sustained, the employee, if he or she has been suspended pending investigation, shall be reinstated and paid all back pay due for the period of suspension. If there has been no suspension, the employee shall be continued in the position as though the disciplinary action had not been taken. Findings by the Town Board shall be in writing and filed with the Town Clerk within three days after completion of the hearing. The Town Board shall give written notice of the decision to the employee. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with Minn. Stat. 197.46. PROBATIONARY EMPLOYEES All newly hired or rehired employees will serve a six (6) month probationary period. All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. A newly hired employee shall accumulate, but may not use vacation or sick leave during the probationary period. If said employee fails to successfully complete the probationary period, no benefits shall be paid out on separation. TERMINATION OF EMPLOYMENT BY EMPLOYEE An employee may terminate his/her employment with the Town by providing a two weeks notice. An employee who terminates his/her employment without two weeks advance notice shall not be paid for accrued but unused vacation time. TEMPORARY AND PART TIME EMPLOYEES Temporary employees are not entitled to sick leave, vacation leave or holidays with pay, 3 SEXUAL HARASSMENT The Township is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the Township maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. An employee who believes he or she has been harassed by a co-worker, supervisor, or agent of the Township should promptly report the facts of the incident or incidents and the names of the individuals involved to the Town Clerk, or in the alternative, to the chairperson of the Town Board. Any claim of sexual harassment or violation of the sexual harassment policy will be investigated. The Town Board will take appropriate action. If the facts support the allegations, disciplinary action will be taken against the offending employee or employees up to and including his or her dismissal. Employees should be aware that they may be personally liable to the victim of any sexual harassment in which they participate. EQUAL EMPLOYMENT It is the policy of New Scandia Township to comply with all applicable equal employment opportunity laws and regulations. Therefore, recruiting, hiring, training, promotions, compensation, benefits, employment decisions and all similar matters will be determined without regard to race, creed, color, religion, sex, national origin, age, marital status, sexual preference, disability, or public assistance status. GENERAL WORKING HOURS Office hours are 9:00 a.m. to 12:00 o'clock noon and 1:00 p.m. to 4:00 o'clock p.m. Monday through Friday. Public works department hours are 7:00 a.m. to 3:30 p.m. Monday through Friday. Part time maintenance workers shall maintain such hours as are required to complete necessary work under the supervision of the Town Clerk and the Town Board. EMERGENCY WORK An employee who is called in to work after hours or on an off day will be paid for a minimum of two hours. OVERTIME AND COMPENSATION TIME A. Overtime, Full time and part time hourly employees will be paid for all work in excess of 40 hours per week, at a rate one and one-half times the employee's regular hourly pay. Hours 4 worked on Saturdays and Sundays will be paid at a rate of one and one-half times the employee's regular pay. Overtime work, weekend work, or holiday work by public works employees shall only be done upon approval of, or at the request of, the Road Supervisor or, in his or her absence, any supervisor, except that snowplowing shall be done in accordance with the Township snowplowing policy. B. Compensatory Time. In lieu of payment of overtime, full time employees (but not part-time) may elect to take off one and one-half (1 1/2) hours of compensatory time for each hour of overtime accrued within the following limitations: 1. Each employee may accrue no more and use no more than 40 hours of compensatory time during a calendar year and all compensatory time in excess of 40 hours will be paid at overtime rates. 2. Compensatory time must be used within 60 days of accrual, and if not used, will be converted to overtime and paid at overtime rates. FUNERAL LEAVE All full time and part time employees are entitled to three (3) days of regular hours of paid funeral leave upon the death of an immediate family member (father, mother, spouse, child, grandparent or spouse's parents). A full time employee may elect to use up to five (5) days of paid sick leave. SICK LEAVE Full time employees shall(accrue one paid sick day per month of employment, accumulating up to 100 days. Sick leave cannot be used as general time off. Sick leave may be used for doctor and dentist appointments. Sick leave may be used if the employee is sick, or if a member of the employee's immediate family (father, mother, spouse, child, grandparents or spouse's parents) is sick and requires the presence of the employee. An employee must notify his or her supervisor or the Town Clerk when he/she is sick or is taking sick leave. The Town Clerk or a Town Supervisor may, in his/her discretion, require the employee to furnish a doctor's certificate showing the nature of the injury or illness requiring sick leave. When an employee has accumulated the maximum sick leave of one hundred (100)`days, he/she shall then receive an additional one-half day per month banked sick leave, and an additional one-half day per month vacation accumulation. The banked sick leave shall be used only when his/her regular sick leave accumulation has been exhausted. The banked sick leave shall not be used in computing severancepay. 5 SEVERANCE PAY Full time employees shall be entitled to severance pay upon retirement, death or resignation upon the following conditions: A. He/she shall have an accumulation of at least sixty (60) days of sick leave. B. He/she shall have been employed by the Township for ten (10) years or more. C. Severance compensation shall be one-half of unused sick leave, but shall in no event exceed $5,000.00. D. If payment of severance pay is made as a result of the death of an employee, it shall be paid to his/her surviving spouse and if he/she leaves no spouse surviving, to his/her estate. HOLIDAYS Full time employees shall be granted a leave of absence and be paid for the following, listed legal holidays: New Years Day, Martin Luther King Day, Memorial Day, July 4th, Labor Day, Columbus Day, Veterans Day, Presidents Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day. Employees shall receive this benefit upon completion of probationary status. Full time employees shall work on any of the stated holidays in the event of an emergency but shall be paid time and one-half for any time worked. When one of the holidays falls on a Sunday, the following Monday is observed as the paid holiday. When one of the holidays falls on a Saturday, the preceding Friday is observed as the paid holiday. VACATION Full time employees shall receive paid vacation time at the rate of one week for the first year of service, two weeks for the second-third and fourth years of service, three weeks for the fifth through the ninth year of service and four weeks for the tenth and ensuing years of service. Any present employee having more than fifteen years of service and presently receiving more than four weeks of vacation shall continue to receive such additional allotted vacation. If an employee requests more than one week vacation at a time, the employee must present, in writing, the amount of time to be taken to the Town Board two weeks prior of the vacation time request. Reasonable advance notice of vacation to be taken shall be given to the Town Clerk or appropriate supervisor. Vacation of any two employees in the same department shall not overlap without Town Board approval and a plan in place to cover any emergencies. 6 JURY DUTY When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in a case in which the Township is a party, the employee is entitled to compensation from the Town equal to the difference between his/her regular pay and the amount received as a juror or witness. If an employee is excused from jury duty before 12:30 p.m., the employee shall return to his/her regularly scheduled employment for the remainder of the day. LIFE INSURANCE The Township shall pay premiums for a policy of term life insurance with a face value of $20,000.00 on the lives of all full time employees. DISABILITY INSURANCE The Township shall carry a policy of long term disability Insurance for all full time employees. HEALTH INSURANCE It is not the policy of the Township to maintain health or hospitalization insurance for its employees. Payment of premiums for heath or hospitalization insurance requires or may require adjustments in hourly compensation to maintain pay equity compliance. LONGEVITY PAY Each full time employee shall receive longevity pay in the sum of three hundred dollars ($300.00) after seven (7) years and six hundred dollars ($600.00) after twelve (12) years, which shall be paid one half on May 15th and one half on October 15th of each year. COMMERCIAL DRIVER'S LICENSE Each employee requiring a commercial driver's license shall be reimbursed for the cost of obtaining and renewing such license. AWAIR MEETING A safety meeting shall be held yearly to comply with the AWAIR Act. The Town Clerk shall arrange attendance by public works and maintenance personnel. CLOTHING AND FOOTWEAR Each full time public works employee shall be reimbursed the sum of one hundred dollars ($100.00) for documented costs incurred toward clothing and footwear purchases on July 1 of each year. Public works employees shall wear safety shoes whenever performing services for the Town. 4g/So.oa o7/ii./oz WORK BREAKS Each employee may take a fifteen minute work break in the morning and a fifteen minute work break in the afternoon. Public works employees may take a one half hour lunch break each work day. ANNUAL REVIEW OF EMPLOYEES Each employee shall be reviewed during the month of December of each year. Compensation rates for each employee shall be established January 1 of each year to remain in effect for the full year. The compensation for seasonal employees shall be established prior to the season in which the employees will work. Adopted by the Town Board of New Scandia Townsh' '� day of January, 2001. I -:, ', ennis D. eef dt, i Town Board Chairman ATTEST: � /L`Lei-F, � ,„Ee..„...„„), 4-- Dolores Peterson, Town Clerk 8 I hereby acknowledge that I have received a copy of the New Scandia Township Employment and Personnel Policies document dated January -/ ,) , 2001 . SIGNED: Name of Employee: Date: 9 Meeting Date: 6/5/2007 Agenda Item: 19 C . 5_ a. C . . . , . Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application for Final Plat approval of White Rock Ranch (draft Resolution No: 06-0-5-07-02). The City Council should also consider the Development Agreement with White Rock Ranch LLC. Deadline/ Timeline: 60-day review expires July 21, 2007 Background: • The planners will present their attached report and recommendations at the meeting on June 1, 2007. • With the exception of two items, all the conditions of the preliminary plat approval appear to have been met. The draft resolution includes conditions regarding these remaining two items (removal of a barn from the shoreland setback of Lot 2, Block 3, and language in the covenants regarding the applicability of the wetland regulatory process.) • The City Attorney has prepared the draft Development Agreement, which should be substantially in final form. This agreement is unusual in that it would be entered into by the developer and both cities in which the plat is located (Scandia and Forest Lake.) Recommendation: The planner has recommended approval of the final plat, with conditions that have been incorporated into a draft resolution for use by the Commission and City Council. The Council should also approve the development agreement and authorize the Mayor to sign on behalf of the City. Attachments/ • Draft resolution for final plat approval (No. 06-05-07-02) Materials provided: • TKDA Memorandum dated 5/31/2007 • Resolution 03-20-07-02, approving White Rock Ranch Preliminary Plat Page 1 of 2 06/01/07 • Letter dated May 22, 2007 from White Rock Ranch, LLC • Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns • Declaration of Restrictive Covenants • Development Agreement • Final Plat Contact(s): Mark Youngdahl, Senn and Youngdahl 651 351-1450 X102 Prepared by: Anne Hurlburt, Administrator (white rock ranch final plat) Page 2 of 2 06/01/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-05-07-02 WHITE ROCK RANCH MAJOR SUBDIVISION FINAL PLAT WHEREAS, White Rock Ranch LLC, Mark Youngdahl has made application for a major subdivision, final plat to allow subdivision of 105.2 acres into 14 lots, of which 25.6 acres are located within Scandia, located at 18881 Keystone Avenue North; and WHEREAS, the property is legally described as follows: The Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of Section 36, Township 32 North, Range 21 West; also Government Lot 7, Section 31, Township 32 North, Range 20 West, excepting the Southerly 660 feet of said Government Lot 7. NOW,THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of White Rock Ranch LLC, Mark Youngdahl for a major subdivision, final Plat. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That all conditions of Resolution No. 03-20-07-02 approving the White Rock Ranch Preliminary Plat remain in effect, and that the final plat and plans received by the City on May 22, 2007 are approved, except as modified herein. 2. That the existing barn and silo located within the shoreland setback on Lot 2, Block 3 shall be removed, unless the Applicant can demonstrate to the City, and the City agrees, that these structures are of historic or cultural value. 3. The statement in the draft covenant that states "Lots 3 and 4, Block 3 have extensive wetlands that will limit the Declarants and future owners use of those lots and activities on the Lots that may impact these wetlands" shall be revised to indicate that the properties are subject to the wetland regulatory process. 4. That the Development Agreement shall be fully executed and financial guarantees provided prior to issuance of a building permit. Resolution No.: 06-05-07-02 Page 2 of 2 5. That all fees are paid. Adopted by the Scandia City Council this 5th day of June, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: White Rock Ranch Final Plat Planning Commission City of Scandia, Minnesota Anne Hurlburt, Administrator Scandia File Number 2007009 Copies To: Proj. No.: 13812.003 From: Richard E. Thompson,AICP Routing: Berry Farrington Date: May 31, 2007 SUBJECT: White Rock Ranch Final Plat MEETING DATE: June 5, 2007 LOCATION: 18881 Keystone Avenue North Scandia, Minnesota APPLICANT: White Rock Ranch, LLC Mark Youngdahl 109 East Myrtle Street Stillwater, Minnesota 55082 ZONING: Agriculture (AG), Shoreland Overlay District 60-DAY PERIOD ENDS: July 21, 2007 ITEMS REVIEWED: 1. Final Plat dated May 11, 2007 2. Draft Covenants 3. Cover letter from the Applicant, May 22, 2007 BRIEF DESCRIPTION OF THE REQUEST: The Applicant proposes a standard major subdivision partially located in the City of Forest Lake and partially located in the City of Scandia (79.6 acres in Forest Lake and 25.6 acres in Scandia, or 105.2 acres in total). The entire subdivision is 14 lots, 6 of which are partially located in Scandia. The subject property is zoned Agriculture (AG) and is within the Shoreland District for White Rock Lake. The City Council granted conditional Preliminary Plat approval on March 20, 2007. EVALUATION OF THE REQUEST: The following is a summary of the Preliminary Plat conditions and status. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity White Rock Ranch Final Plat Page 2 May 31, 2007 City of Scandia, Minnesota Plat Revisions The building pads for two of the lots have been shifted, per the Preliminary Plat conditions, so that no impact to wetlands would be needed and preventing clearing of woodlands to accommodate buildings or driveways (Preliminary Plat Conditions 1 and 2). In the review of the Preliminary Plat, the Planners had noted that the granary and brick shed were proposed to remain. The Planners' understanding was that those were the two accessory structures to remain and all others would be removed (Condition 15). The plans show that the two existing barns on Lot 2, Block 3, are to be removed. Preliminary Plat Condition 15 stated that two existing barns would be removed from Lot 3 to meet accessory structure standards. This would require that the large barn (approximately 2,500 square feet) closest to the lake and silo be removed as well. These two structures are within the shoreland setback. The Planners recommend that the final plat conditions include removal of the existing barn and silo located within the shoreland setback, unless the Applicant can demonstrate to the City, and the City agrees,that these structures are of historic or cultural value. Water Quality Protections The Applicant's letter indicates that with final approvals, the Rice Creek Watershed District will evaluate the wetlands and make recommendations for restoration (Condition 5). The Applicant indicates that the gift of $10,000 to the City of Scandia will be made, which may be used for wetland restoration if the City chooses (Condition 6). These conditions continue to apply, though implemented after final plat approval. The Applicant has noted in the submittal that the Rice Creek Watershed District permit is expected. If it is not yet received by the City's final plat approval, the condition of Watershed District approval would continue to be applicable (Condition 7). Wetland protection measures to be implemented during construction are described on the construction plans in the grading notes and silt fencing instructions (Condition 8). Per the Preliminary Plat conditions and standard City procedure, the property owners will need to submit Grading Plans as part of the building permit application process (Condition 12). Landscaping The revised landscaping plan shows the required number of trees, five per lot (Condition 9). The proposed species are from the recommended species list in the Scandia Zoning Ordinance. Trees are shown to provide some screening between the house sites and the lake. Because no removals of significant trees or woodlands are proposed, additional plantings for tree replacement purposes are not needed (Condition 10). Covenants The portion of the draft covenants, "Agreement Regarding Maintenance of Shoreland, Livestock Grazing, and Manicured Lawns," addresses many of the Preliminary Plat conditions (Conditions 3, 4, 11, 13, and 14). Within the Scandia properties, they prohibit grazing livestock and restrict the amount of manicured lawn area to a maximum of 1.5 acres per lot, as required by the preliminary plat conditions. The draft covenants state, "The owner(s) of all Lots shall at all times apply best management practices as reasonably recommended by the Rice Creek Watershed District or any successor agency." White Rock Ranch Final Plat Page 3 May 31, 2007 City of Scandia, Minnesota The draft covenants state, "Lots 3 and 4, Block 3 have extensive wetlands that will limit the Declarants and future owners use of those lots and activities on the Lots that may impact these wetlands."To fully address the associated preliminary plat condition, this statement should include that the properties are subject to the wetland regulatory process. The Final Plat shows that the properties that are both partially located in Scandia and in Forest Lake are organized as lots and outlots. The portion of each property with the home site is the lot, and the portion in the other jurisdiction is the outlot. The covenants describe the relationship of the lots and outlots. Summary The Preliminary Plat was granted approval with 17 conditions. Conditions 1 - 15 are discussed above. Conditions 16 and 17 are standard conditions relating to consistency between preliminary and final plat design, and payment of fees. 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 White Rock Ranch final plat, revision date May 11, 2007, with the following conditions: 1. That the existing barn and silo located within the shoreland setback are removed in addition to removal of the structures noted for removal on the final plat dated May 11, 2007. 2. That the covenants state that Lots 3 and 4, Block 3, are subject to the wetland regulatory process. 3. That all conditions of the White Rock Ranch Preliminary Plat remain in effect. 4. That the Development Agreement shall be fully executed and financial guarantees provided prior to issuance of the building permits. 5. That all fees are paid. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 03-20-07-02 WHITE ROCK RANCH PRELIMINARY PLAT WHEREAS, White Rock Ranch LLC, Mark Youngdahl has made application for a major subdivision, preliminary plat to allow subdivision of 105.2 acres into 14 lots, of which 25.6 acres are located within Scandia, located at 18881 Keystone Avenue North; and WHEREAS, the property is legally described as follows: The Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of Section 36, Township 32 North, Range 21 West; also Government Lot 7, Section 31, Township 32 North, Range 20 West, excepting the Southerly 660 feet of said Government Lot 7; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on March 6, 2007, and has recommended approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of White Rock Ranch LLC, Mark Youngdahl for a Preliminary Plat. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the building pad on Lot 5, Block 2 is relocated to the knolls just west of the proposed wetland crossing shown on the plans dated February 12, 2007, eliminating the proposed wetland impact. 2. That the building pad on Lot 6, Block 2 is relocated to the very south westerly corner of the lot, eliminating the proposed wetland impact. 3. That the Covenants prohibit grazing livestock on any of the property located in Scandia. 4. That the Covenants restrict the amount of manicured lawn area to a maximum of 1.5 acres per lot within the Scandia boundary. Resolution No.: 03-06-07-04 Page 2 of 3 5. That Rice Creek Watershed District evaluate the wetlands and make recommendations for wetland restoration, and that the Applicant implement the recommendations to the extent possible without altering the currently proposed site engineering. 6. That the Applicant give a $10,000 donation to the City of Scandia to pay for any future berms or other wetland restoration measures that the Watershed District would approve, all or in part, or for any other water quality programs that the City of Scandia would choose. 7. That a permit is received from the Rice Creek Watershed District. 8. That appropriate wetland protection measures are implemented during construction. 9. That a revised landscaping plan is submitted. 10. That a revised Woodland Preservation Plan is submitted. 11. That the Covenants state that Lots 5 and 6, Block 2, have extensive wetlands that will limit the landowner's use of the land, and that activities that impact those wetlands (such as utility crossings or driveways) are subject to the wetland regulatory process. 12. That the grading plans for individual lots are submitted when the owners apply for building permits. 13. That Lots 1 through 5, Block 2, which have land area in both Scandia and Forest Lake, are recorded so that for each lot, the two parcels of land cannot be separated, and that the parcel without the structure cannot be used as a separate buildable lot. 14. That the Covenants state that owners of shoreland lots apply best management practices as recommended by the Watershed District. 15. That two existing barns would be removed from Lot 3 to meet accessory structure standards. 16. That the Final Plat is consistent with the Preliminary Plat dated February 12, 2007, except as noted in these conditions. 17. That all fees are paid. Adopted by the Scandia City Council this 6th cjay Ma, :, 0►, •. ennis D. Seefeldt,ayor ATTEST: Administrator/ Clerk White Rocke Lake LLC RECEIVED , MAY 22 Z007 . CITY OF SCANDIA May 22, 2007 Ms. Anne Hurlbut City of Scandia PO Box 128 Scandia, MN 55073 • • Dear Ms. Hurlburt; Included here within is our final submission documents for White Rock. • We respectfully request to be placed on the City Councils agenda for June 17th. Listed below are responses to the conditions outlined in Resolution No. 03-20-07-02: 1. See final plan 2. See final plan s 3. Included in covenants 4. Included in covenants 5 & 6. According to our engineers, Rice Creek Watershed District has indicated that, subsequent to receipt of all final approvals, they would conduct a site •visit to review item#5. It was and is the applicant's intent to gift to the City of Scandia$10,000.00 that, should the city choose, to implement any' of the Rice Creek recommendations the donation could be used toward those. ''his Would be the intent of our commitment towards any additional wetland restoration work. ' 7. We have received our CAROC from Rice Creek Watershed District. Our engineers are currently working with'their engineer. It's likely that this ,permit will be available ahead of Scandia's final approval. If we do not have the permit at that time we understand that Scandia's final approval would be subject to this. 8. See final plan 9. See final plan 10. Due to the repositioning of proposed building pad location,no tree Preservation work would be needed as a part of the development process. • 11. Included in covenants 12. City to require as part of building permit requests 13. Included in covenants 14. Included in covenants 15. See noted 16. See final,submission package 17. So noted f-3" 't: 5' aa• 7e€ ;^�c.' ✓r`��'S *,�e _-.�'`,iy�., fdf aw _ t3. 14.3 Thank you for your considerations. cf. Kindest Regards, Mark Yo .��'t'.ahl Chief Mgr. White Rock Lake, LLC (c) — - ooin AGREEMENT REGARDING MAINTENANCE OF SHORELAND, LIVESTOCK GRAZING AND MANICURED LAWNS THIS AGREEMENT REGARDING MAINTENANCE OF SHORELAND, LIVESTOCK GRAZING AND MANICURED LAWNS ("Agreement") made this day of June, 2007, is by White Rock Ranch, LLC, a Minnesota limited liability company ("Declarant"). RECITALS A. Declarant is the owner in fee simple of certain parcels of real property situated in Washington County, Minnesota, legally described as follows: Outlots A and B; Lots 1, 2, 3 and 4, Block 3, White Rock Ranch (individually, "Lot"; collectively, "Lots"). B. The Lots are all located in the City of Scandia, as shown on the recorded plat thereof. C. Declarant desires to set for the terms and conditions upon which the wetlands and shorelands located on the Property will be maintained. NOW, THEREFORE, Declarant hereby declares that the Lots shall be subject to the terms and conditions hereof, and that the terms and conditions of this Agreement shall run with the Lots and be binding upon all parties having any right, title or interest in the Lots, or any part thereof. 1. Recitals. The above-stated recitals are true and incorporated herein by reference and made a part hereof. 2. Maintenance. Lots 3 and 4, Block 3, White Rock Ranch, have extensive wetlands that will limit the Declarants and future owners use of those lots and activities on the Lots that may impact these wetlands. 3. Shoreland Maintenance. The owner(s) of all Lots shall at all times apply best management practices as reasonably recommended by the Rice Creek Watershed District or any successor agency. 4. Livestock Grazing. Notwithstanding any City of Scandia ordinance, no owner may graze livestock on any Lot. 5. Manicured Lawns. The owner(s) of any Lot shall be restricted to maintain no more than 1.5 acres of manicured lawn area. 6. Construction of Agreement. The rule of strict construction shall not apply to the covenants and restrictive fees and costs incurred on the Committee set forth herein. This Agreement shall be given a reasonable construction so that the intention of the parties to confer reasonable usable benefits and reasonably enforceable obligations are carried out. 7. Governing Law. This easement shall be construed and governed by the laws, ordinances, codes, rules and regulations of the State of Minnesota, and in such manner as shall not unreasonably interfere with the rights of others entitled to the use of said easement. THE REMAINDER OF TH IS PAGE IS INTENTIONALLY BLANK AND THE SIGNATURE AND NOTARY PAGES FOLLOW. 2 IN WITNESS WHEREOF, this instrument has been executed as of the date first above written. DECLARANT: White Rock Ranch, LLC (a Minnesota limited liability company) By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 2007, by , the of the White Rock Ranch, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: ANASTASI & ASSOCIATES, P.A. 14985 60th Street North Stillwater, MN 55082 (651) 439-2951 DCA This is the signature and notary page to that certain Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns dated June , 2007. 3 ACKNOWLEDGMENT AND CONSENT TO AGREEMENT REGARDING MAINTENANCE OF SHORELAND, LIVESTOCK GRAZING AND MANICURED LAWNS The undersigned hereby acknowledges and consents to all of the foregoing terms and conditions of this Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns dated June , 2007, executed White Rock Ranch, LLC, a Minnesota limited liability company. Central Bank (a Minnesota banking corporation) By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 2007, by , the of the Central Bank, a Minnesota banking corporation, on behalf of the banking corporation. Notary Public This is a signature and notary page to that certain Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns dated June _, 2007. 4 A ACKNOWLEDGMENT AND CONSENT TO AGREEMENT REGARDING MAINTENANCE OF SHORELAND, LIVESTOCK GRAZING AND MANICURED LAWNS The undersigned hereby acknowledges and consents to all of the foregoing terms and conditions of this Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns dated June , 2007, executed White Rock Ranch, LLC, a Minnesota limited liability company. Barbara J. Preiner STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 2007, by Barbara J. Preiner. Notary Public This is a signature and notary page to that certain Agreement Regarding Maintenance of Shoreland, Livestock Grazing and Manicured Lawns dated June_, 2007. 5 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this day of June, 2007, by White Rock Ranch, LLC, a Minnesota limited liability company ("Declarant"). RECITALS A. Declarant is the developer and current fee owner of certain parcels of real property each of which are located in the City of Forest Lake and the City of Scandia, Washington County, Minnesota, and legally described as follows: Lot 1, Block 2 and Outlot A, White Rock Ranch; Lot 2, Block 2 and Outlot B, White Rock Ranch; Lot 1, Block 3 and Outlot C, White Rock Ranch; Lot 2, Block 3 and Outlot D, White Rock Ranch; and Lot 3, Block 3 and Outlot E, White Rock Ranch (each lot and the corresponding outlot shall be individually be referred to as a "Homesite"). B. Declarant desires to ensure future continued unity of use and fee ownership of each Homesite and provide a mechanism for insuring such continuity by this Declaration. NOW, THEREFORE, Declarant hereby declares that each Homesite shall be subject to the restrictive covenants contained herein, and that the terms and conditions of this Declaration shall run with the Homesite and be binding upon all parties having any right, title or interest in the respective Homesite, or any part thereof. 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by reference. 2. Unity of Fee Ownership. Each Homesite shall, at all times, be owned in fee title by the same party. Accordingly, fee ownership of the Homesite may not be transferred, either voluntarily, or involuntarily, without a simultaneous transfer of any of the separately described parcels comprising such Homesite to the same acquiring party. 3. Unity of Encumbrances. Any voluntary liens whether mortgage liens or otherwise intended to encumber any Homesite shall encumber any of the parcels. Any involuntary lien shall be void unless it encumbers each Homesite. 4. Restriction on Development. Each Homesite shall constitute a singular buildable lot. 5. Real Estate Tax Assessments. In the event that the real estate taxes assessed against either of the parcels comprising each Homesite is not paid as required, the taxing authority having jurisdiction over such parcel shall have the right to assess the unpaid real estate taxes against the other conjoined parcel. 6. Compliance With Law. No use shall be made of a Homesite which would violate any federal or state laws, or existing municipal codes, as amended from time to time. 7. Term. The covenants, restrictions and conditions contained in this Declaration shall run with each Homesite, and shall be binding upon all parties having any right, title or interest in each Homesite, or any part thereof, and upon their heirs, legal representatives, successors and assigns. 8. Governing Law. This Declaration is made, and is to be construed, under the laws of the State of Minnesota. The unenforceability or invalidity of any provision or provisions of this Declaration as to parties or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other parties or circumstances, and all provisions, in all other respects, shall remain valid and enforceable. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE FOLLOWING PAGE IS THE SIGNATURE AND NOTARY PAGE. 2 IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and year first above written. DECLARANT: White Rock Ranch, LLC (a Minnesota limited liability company) By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 2007, by , the of the White Rock Ranch, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public This is the signature and notary page to that certain Declaration of Restrictive Covenants dated June , 2007. 3 CITY OF FOREST LAKE and CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT WHITE ROCK RANCH THIS AGREEMENT made and entered into this day of day of , 2007, by and between the CITY OF FOREST LAKE, 220 North Lake Street, Forest Lake, MN 55025 and the CITY OF SCANDIA, 14727 209111 Street North, Scandia, MN 5573, Minnesota municipal corporations organized under the laws of the State of Minnesota (hereinafter referred to as "Cities"), and White Rock Ranch, LLC, 109 East Myrtle Street, Stillwater, MN 55082 (hereinafter referred to as "Developer"). WITNESS: WHEREAS, the Developer has submitted a Preliminary Plat (the "Preliminary Plat") for a major subdivision and development of approximately 105.2 acres in the Cities of Forest Lake and Scandia into 14 single-family residential lots to be known as "WHITE ROCK RANCH" (the "Project"); and, WHEREAS, the Cities intend to grant Developer final plat approval for the Project; and WHEREAS, it is the policy of the Cities to enter into development contracts as described in Minnesota Statutes Sec. 462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth the respective rights and obligations of the parties to this Agreement with respect to the development. AGREEMENT: 1 NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: 1. a) Letter of Credit for Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, furnish to the Cities Letters of Credit in the sum of $ and $ to be held and released by the Cities, as provided in Section 5 (d) as security for the payment of the costs of construction of the Public Improvements and related expenses and the costs of compliance with the approved Landscape Plan. b) Deposit and Payment for Costs Incurred by Cities. Contemporaneously with the execution of this agreement, the Developer shall deposit with the City of Forest Lake the sum of $ cash escrow and with the City of Scandia the sum of $ cash escrow to cover the costs of the City Engineers and City Attorneys for preparation of this Agreement, review of subdivision and contract documents and final construction plans, together with such inspection and administrative costs as may be incurred. All reasonable administrative, legal and engineering costs incurred by the Cities in connection with the subdivision shall be documented in a form suitable for inspection by Developer and charged against said escrow account. Developer shall within ten (10) days after notice by the City Administrator replenish the escrow provided in this section in such amount as said Administrator deems reasonable based on verifiable obligations remaining to be completed pursuant to this Agreement. Any funds remaining in the escrow account after completion and acceptance of the project shall be reimbursed to Developer. The Cities shall not be liable to pay interest on the funds held. All costs reasonably incurred by the Cities in connection with the development of the Project shall be billed to the Developer and paid by it upon receipt of an invoice therefor. The Cities may draw against the Letter of Credit for any amount remaining unpaid 30 days after 2 receipt of the invoice. The Letter of Credit shall be maintained until completion of Developer's obligations with respect to the Project and removal of all temporary soil stabilization and erosion control devices (such as silt fencing). After the completion of all obligations of the Developer, the Letter of Credit shall be released as provided in Section 5 (d). 2. Improvements. Developer shall construct the following described improvements for WHITE ROCK RANCH (collectively, the "Improvements") in accordance with the following plans prepared by the Developer's Engineer and approved by the City Engineers: (i) Final Grading, Drainage and Erosion Control Plan prepared by Hult & Associates, Inc. dated , 2007; (ii) Final Street and Utility Plans prepared by Bonestroo Rosene Anderlik & Associates dated , 2007, and (iii) Final Landscape and Tree Preservation Plan prepared by MFRA dated , 2007. a) Monuments. Within one year of recording of the Plat all lot and block corners and angle points which are identified on the Plat must be monumented with iron surveyor's pipes by Developer to assure proper setbacks within the lots. b) Public Improvements. Developer shall construct, pursuant to the approved Plans, a rural section of streets including subgrade work and bituminous surfacing, storm water controls, drainage systems, berms, swales and/or other storm water drainage devices as required by such plans. c) Private Improvements. Developer shall be responsible for the installation, pursuant to plans approved by the Cities, of electricity, telephone and natural gas installations for the Project (the "Private Utilities"). The Private Utilities shall be installed underground in a common trench to the extent feasible (except for such 3 appurtenant equipment related thereto as is normally installed above ground, such as transformers, meters and the like) and in the platted utility easements provided in the Plat. d) Soil Stabilization and Erosion Control. Soil stabilization shall be employed throughout the Project to insure the integrity of the soils. Developer shall install erosion control devices as required by the Erosion and Sediment Control Plan approved by the City Engineers prior to construction startup or as shown on the plans, and such devices shall be removed or maintained at the discretion of the City Engineers until the Cities' final acceptance of the public and private improvements. Vegetative ground cover shall be installed immediately upon completion of any phase of site or lot grading. e) Traffic Signs. If required by the Cities, Developer shall install traffic signs at its own cost and expense and in accordance with the Minnesota Manual on Uniform Traffic Control Devices. f) Completion of Improvements. Subject to Unavoidable Delays (as hereafter defined), all Improvements shall be substantially completed in accordance with the Grading Plan and the Utility and Street Plans on or before September 1, 2007, except that the bituminous wear course for the public streets shall be installed after August 1, 2008 and before September 30, 2008. g) As-Built Plans. Developer shall furnish, at no cost to the Cities, at least two sets of as-built plans on mylar indicating the location of all utilities in place, said as-built plans to be in a form approved by the City Engineers who shall certify to the Cities that said plans correctly represent the location of the utilities as contracted. 3. Unavoidable Delays. The deadlines set forth in Section 2 and the dates for Developer's performance of its other obligations hereunder may be extended if Developer 4 provides the Cities written notice of delays incurred by Developer due to causes beyond Developer's reasonable control, including but not limited to delays in material and equipment deliveries, labor or equipment shortages, weather conditions that interfere with completion of the Improvements hereunder (collectively, "Unavoidable Delays"). In the event of an Unavoidable Delay, the deadlines and dates for performance of Developer's obligations hereunder shall be extended for the period of the delay, provided, however, if such delays cause Developer to be unable to complete the Improvements due to cold weather or frost conditions, such deadlines and dates shall be extended until a date in the following year by which Developer, subject to road limitations and further Unavoidable Delays, can complete the Improvements. 4. Plan Preparation, Submissions and Approvals. a) Preliminary Plan Approvals. The Grading Plan has been approved and accepted by the City Engineers. b) Final Plans for Public Improvements. The City Engineers shall prepare the Utility and Street Plan consistent with the terms hereof. c) Landscape Plan. Developer shall submit the Landscape and Tree Preservation Plan to the City Engineers and the City Councils for final approval. 5. Construction Warranty; Inspection and Approval; Financial Guaranty; and Maintenance Bonds. a) Warranty. Developer agrees to construct the Improvements at its own expense in accordance with the terms of this Agreement and the approved plans. Developer represents and warrants that the Improvements shall be guaranteed to be properly functioning as designed for two years following the installation of the wear course of bituminous surface. 5 Acceptance of the Improvements shall occur after the warranty period has expired and the City of Forest Lake by formal motion accepts the Improvements and assumes all liability for maintenance of the Improvements. It is understood that the City of Forest Lake will perform snow plowing and any other normal city street maintenance after completion of construction and during the Warranty Period. If Developer requests and the City of Forest Lake agrees to provide any snowplowing or other maintenance prior to completion of construction, such plowing and maintenance shall be at the expense and risk of Developer. The City of Forest Lake shall not be responsible for any damage to any improvements prior to completion of construction. Developer shall repair or replace any material or labor that is reasonably rejected by the City Engineers as defective or not in compliance with the approved plans therefor, to the reasonable satisfaction and approval of the City Engineers at the sole cost and expense of Developer, provided the City Engineers has given written notice of such defect or noncompliance, supported by technical evidence, to Developer prior to expiration of the Warranty Period. b) Staking and Inspection. Developer authorizes the City Engineers to perform inspection relative to the Utility and Street Plans and grants them a License to enter the Project to perform all necessary work and /or inspections until final acceptance by the Cities of all Improvements and expiration of the applicable Warranty Periods. c) Acceptance of Improvements. Upon notice by Developer that any of the Improvements have been completed, the City Engineers will inspect in a timely manner 6 the Improvements to insure that the Improvements were constructed in accordance with the approved Plans and the terms of this Agreement. d) Financial Guaranty. To finance construction of the Public Improvements and secure Developer's obligations set forth in Section 2, Developer shall provide to the City of Forest Lake an automatically renewable Irrevocable Letter of Credit in the sum of $ and to the City of Scandia an automatically renewable Irrevocable Letter of Credit in the sum of $ . Developer shall be entitled to a reduction in the Letter of Credit on a dollar for dollar basis as Improvements are inspected and approved by the City Engineers, except that the Letter of Credit shall not be reduced below an amount equal to 125% of the cost of the work to be completed as determined by the City Engineers nor below the amount of $ for the City of Forest Lake and $ for the City of Scandia (being the minimum contingency for the Project) until the Improvements have been accepted by the Cities and the Warranty Period has expired. To obtain a reduction in the Letter of Credit the Developer will give notice to the Cities of completion of a portion of Improvements. The City Engineers will inspect the completed Improvements within ten (10) days of the Developer's notice, and, provided the Engineer approves the completed Improvements, the reduction in the Letter of Credit will occur on a dollar-for-dollar basis within thirty (30) days after the City Engineers' approval subject to the limitations stated above. If the Letter of Credit does not automatically renew, then at least thirty (30) days prior to the expiration of the Letter of Credit, Developer shall provide the Cities with a new Letter of Credit for a period of at least one (1) year beyond the expiration date of and 7 for the same amount as the Letter of Credit then in effect or Developer shall be in default hereunder with no opportunity to cure, and the Cities may immediately demand from the surety the amount of the Letter of Credit then in effect. To secure completion of the requirements of the approved Landscape Plan Developer shall provide to the City of Forest Lake an Irrevocable Letter of Credit in the sum of$ and to the City of Scandia an Irrevocable Letter of Credit in the sum of$ to be renewed and reduced in the same manner as the construction Letter of Credit except that the Forest Lake Landscape Letter of Credit shall not be reduced below the sum of$ and the Scandia Letter of Credit shall not be reduced below the sum of$ until two full growing seasons have elapsed after the completion of all required plantings. If plantings have died within two full growing seasons, they shall be replaced at the expense of Developer. Any Letter of Credit provided under this section shall permit the Cities to draw upon the Letter of Credit immediately following any Developer default hereunder that is not cured within any applicable notice period and opportunity to cure by Developer and for such portion thereof as is certified by the City Engineers to be reasonably necessary to cure such default. 6. Fees and Charges. In addition to those City Costs for which the Developer is responsible pursuant to Section 1 hereof, Developer and the Cities agree that Developer shall pay the following: a) Recording Fees. All fees and charges in connection with recording this Agreement and the Plat with the County. 8 b) Park Dedication. Developer shall satisfy the Cities' park dedication requirements (or fees in lieu thereof) by payment of the sum of$16,000.00 to the City of Forest Lake and by payment of$4,500.00 to the City of Scandia upon execution of the Plat. c) Developer shall pay to the City of Scandia upon execution of this Agreement, the sum of $10,000.00 to be applied by the City to a lake improvement project or projects for White Rock Lake. 7. Permits: Approvals: and Certificates of Occupancy. a) Other Governmental Units. Upon execution of this Agreement, Developer shall promptly apply for all permits, approvals and licenses required from any governmental agencies as may be necessary for Developer's construction of the Improvements as herein contemplated, and Developer shall construct the Improvements in accordance with the requirements of all such permits, approvals and licenses and the legal requirements of such other governmental agencies. b) Intentionally Omitted. c) Building Permits. No building permits shall be issued for construction of a residence within the Project until the following conditions have been satisfied: (i) The Plat and this Development Agreement must be recorded with the County. (ii) With respect to the lot for which a permit is requested, the erosion control devices required by the approved drainage and erosion control plan must be substantially constructed, and the Private Utilities and Public Improvements must be substantially installed including all street improvements except the installation of the wear course of bituminous surface. (iii) All other building permit requirements of the Cities' ordinances applicable to residential structures have been complied with, provided that in the 9 event of any inconsistency between the terms of this Agreement and the terms of such ordinances, the terms of this Agreement shall control the building permit process for the Project. One Building permit may be issued for Lot , Block _, WHITE ROCK RANCH upon execution of this Agreement provided that adequate access, approved by the City Engineers, to the lot from Street North is provided. d) Certificates of Occupancy. No certificates of occupancy shall be issued for a residence within the Project until utility/road improvements are substantially completed (as reasonably determined by the City Engineers) and specifically with respect to road surface improvements the first level of bituminous surface has been installed. 8. Restrictions Applicable to All Lots. Following acceptance of the Improvements by the Cities, all residential lots within the Project shall be maintained and occupied in accordance with the following restrictions: a) Drainage Improvements. All wetland and drainage areas within public drainage easements (collectively, the "Drainage Areas"), shall not be filled, altered or disturbed without the prior written consent of the Cities. Notwithstanding the sale of any lot, Developer and its agents and contractors, shall have the right to enter upon the lots for the purpose of repairing the Drainage Areas and related drainage appurtenances. Additionally, the Cities, and their agents and contractors, shall have the right to enter upon any lot on which Drainage Areas exist for the purpose of inspecting and maintaining the same. In the event that any Drainage Areas on a lot have been filled, altered or disturbed (any such event is hereafter referred to as a "Disturbance") without the prior written consent of the Cities and the same is not corrected within thirty(30) days 10 after notice thereof by the Cities to the owner(s) of such lot, the Cities, and their agents and contractors, shall have the right to enter upon such lot for the purpose of performing work necessary to correct the Disturbance and repairing any damage caused by the Disturbance, and assess the costs thereof against the lot, provided, however, that in the event of an emergency, the Cities shall not be required to provide notice and an opportunity to the lot owner(s) to perform such necessary work, but may nonetheless assess the cost thereof to the lot. b) Improvements in Road and Easement Areas. Other than mailboxes, ground cover (grass) and driveways, no improvements shall be installed by any owners or occupants of lots in public or private road rights-of-way or in utility or drainage easement areas adjacent thereto. c) Advertising Signs. All signs advertising the development of the Project and general sales of lots or residences within the Project (including lighting of such signs), other than standard single yard signs for sales of individual lots, must comply with the Cities' sign ordinances and policies and be approved by the Cities in advance of installation. d) Resubdivision. There shall be no subdivision of any of the residential lots within WHITE ROCK RANCH without the consent of the Cities. The Plat is approved under the Shoreland provisions of the Cities' Codes, which provide for a maximum density of 14 residential units. 9. Landscape Requirements. Developer shall landscape the site in accordance with the approved Landscape and Tree Preservation Plan and the Cities' Codes. 11 All plantings shall be maintained and, if necessary, replaced as provided in the applicable City Development Code. 10. Miscellaneous. a) Plat Recording. All applicable conditions of Final Plat approval must be met prior to the recording of the Plat. The Plat must be recorded with the Washington County Recorder within one hundred twenty (120) days of Final Plat approval unless reasonably extended or said approval shall be null and void. All financial requirements of the City shall be delivered to the City Administrator upon execution of the Plat. b) Conveyance of Lots. The Plat and this Development Agreement must be recorded with the Washington County Recorder's Office prior to Developer's transfer of fee title or a contract vendee's interest in any lot within the Project. c) Grazing and Keeping of Animals. Grazing and keeping of livestock, including but not limited to farm animals, cattle, horses, sheep, hogs and llamas shall not be permitted within the City of Scandia. d) Lawns. The amount of manicured lawn within the City of Scandia shall not exceed 1.5 acres per lot. e) Restrictive Covenants. Developer shall provide to the Cities' attorneys for approval by the Cities', copies of all restrictive covenants which shall be imposed on the Project. 11. Developer's Representations. a) General. Developer hereby represents, warrants, and covenants to the Cities that as of the date of this Agreement, the statements set forth in this section are true and correct. 12 b) No Disability. Developer knows of no legal disability that would prevent it from carrying out this Agreement. c) Ownership. Developer owns marketable fee title to the Project (subject to mortgage and related financing instruments). d) Execution No Violation. The execution, delivery, and performance of the Agreement does not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which Developer is a party or by which it or the Project is bound. e) Litigation. There are no pending nor, to the knowledge of Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business, or operation of Developer or the ability of Developer to perform its obligations under this Agreement. f) Compliance. Developer will comply with and, subject to Unavoidable Delays, duly and promptly perform all of its obligations under this Agreement. 12. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the Plat, and shall be deemed covenants running with the land, provided, however, that at Developer's request, after all of the Improvements have been accepted by the Cities and the Warranty Periods therefore have expired, the Cities shall issue Certificates of Compliance, in recordable form, stating that the Improvements have been constructed and completed by Developer in accordance with the terms hereof and have been finally accepted by the Cities. 13 13. Title Evidence. Developer shall furnish the Cities with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance policy dated not earlier than 30 days prior to the execution of the Plat. 14. Insurance. Developer or Developer's Contractor shall take out and maintain until the Warranty Period has expired, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the work. Limits for bodily injury and death shall not be less than Three Hundred Thousand and no/100 ($300,000.00) for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The Cities shall be named as an additional insured on the policy, and the Developer shall file with the Cities a certificate evidencing coverage upon execution of this Agreement. The certificate shall provide that the Cities must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 15. Indemnification. Developer agrees to defend and hold the Cities, and their officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of the negligent actions or omissions, intentional misconduct or default hereunder by Developer, its employees and agents, in connection with the Project. 16. Care of Premises. Developer shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the work and at the completion of the work, it will remove and shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment, machinery and surplus materials and will 14 leave the premises acceptable to the Cities. Developer shall not permit the tracking of significant amounts of soil from the site onto the adjacent public streets. 17. Events of Default: Remedies. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (i) Subject to Unavoidable Delays, failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement, within thirty (30) days after notice thereof by the Cities to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. (ii) Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, within thirty(30) days after notice thereof by the Cities to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. b) Remedies on Default. Whenever any Event of Default occurs, the Cities, subject to any rights of third parties agreed to by the Cities pursuant to this Agreement, or otherwise by written, executed instrument of the Cities, may take any one or more of the following actions: (i) The Cities may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the Cities, that Developer will cure its default and continue its performance under the Agreement. (ii) The Cities may initiate such action, including legal or administrative action, whether in law or in equity, as is necessary for the Cities to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or recover any damages sustained by the Cities as a result of Developer's default hereunder. (iii) The Cities may immediately draw on the Letter of Credit or exercise its rights under this Agreement. 15 (iv) The Cities may withhold building permits until the necessary corrective action is completed by Developer. IN WITNESS WHEREOF, the Cities and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF FOREST LAKE: By By Steve Stegner, Mayor Charles P. Robinson, Clerk/Administrator CITY OF SCANDIA: By By Dennis D. Seefeldt, Mayor Anne Hurlburt, Clerk/Administrator DEVELOPER: WHITE ROCK RANCH, LLC By Mark Youngdahl, General Manager STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Steve Stegner and Charles P. Robinson,to me personally known,who being by me first duly sworn,did say that they are respectively the Mayor and City Administrator of the City of Forest Lake, who by authority of the City Council of the City of Forest Lake, did sign said instrument and acknowledged said instrument to be the free act and deed of said City of Forest Lake. 16 Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day day of , 2007,before me, a Notary Public, in and for said County and State, appeared Dennis D. Seefeldt and Anne Hurlburt, to me personally known,who being by me first duly sworn,did say that they are respectively the Mayor and City Administrator of the City of Scandia, who by authority of the City Council of the City of Scandia, did sign said instrument and acknowledged said instrument to be the free act and deed of said City of Scandia. Notary Public STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Mark Youngdahl, to me personally known, who being by me first duly sworn, did say that he is the Chief Manager of White Rock Ranch, LLC, a limited liability company,under the laws of the State of Minnesota, who by authority of the Board of Managers, did sign said instrument and acknowledge said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: HEBERT AND WELCH,P.A. 20 NORTH LAKE STREET, SUITE 301 FOREST LAKE,MN 55025 TELEPHONE: 651-464-3397 17 EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT Lots 1 through 5, Block 1, Lots 1 and 2, Block 2, Lots 1 through 7, Block 3, and Outlots A, B, C, D and E, WHITE ROCK RANCH, Washington County, Minnesota. EXHIBIT B CITY FINANCIAL REQUIREMENTS 1. Construction Letter of Credit $ 2. Landscape Letter of Credit $ 3. Costs escrow: $ City of Forest Lake City of Scandia 4. Park Fees: City of Forest Lake $ 16,000.00 City of Scandia $ 4,500.00 Meeting Date: 6/5/2007 b) 7 , Agenda Item: / y Planning Commission/City Council pc, Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Consider the application by Big Marine Development, LLC for final plat and conditional use permit approval for the Tii Gavo open space conservation subdivision. (draft Resolution No: 06-0-5-07-03). The City Council should also consider the Development Agreement. Deadline/ Timeline: 60-day review expires July 13, 2007 Background: • At the April 3, 2007 meeting the Planning Commission and Council discussed the incomplete final plat application, focusing on the following issues: whether a preliminary plat amendment was required, park dedication, project phasing, design of accessory storage buildings, and the type of financial guarantee to be provided. • On May 1, a public hearing was held and approval was given to an amendment of the preliminary plat, eliminating a common water system from the project. • Park dedication ($1,500 cash per lot.) and the phasing plan will be as directed by the Council on April 3 • The issue of the financial guarantee has also been settled, with the developer providing a letter of credit as recommended by the City Attorney. • The remaining issue discussed in April—design of the accessory buildings—is addressed in the planner's report along with other recommended conditions of approval. • The City Attorney has prepared the draft Development Agreement, which should be substantially in final form. There is one issue that the developer may wish to discuss with the Commission and Council. The Preliminary Plat approval included a condition that the structure height on certain lots be limited to 30 feet (rather than the 35 feet allowed by the zoning ordinance.) There is disagreement on how this should be measured, and whether the city's intent would be met if it is measured according Page 1 of 2 06/01/07 to the definition in the zoning ordinance. Language on page 13 (section 8. e)) is at issue. Recommendation: The planner has recommended approval of the final plat, with conditions that have been incorporated into a draft resolution for use by the Commission and City Council. The Council should also approve the development agreement and authorize the Mayor to sign on behalf of the City. Attachments/ • Draft resolution for final plat/CUP approval (No. 06-05-07-03) Materials provided: • TKDA Memorandum dated 5/31/2007 • Memo from City Engineer dated May 22, 2007 • Development Agreement • Memorandum from Ayres Associates dated May 11, 2007 • Permanent Storm Water Treatment Operations and Maintenance Guidelines dated May 11, 2007 • Landscape and Tree Preservation Plan, Wetland Buffer Plan, Tail Plan & Amenity Plan(Received May 14, 2007) • Construction Plans (Received May 14, 2007) • Final Plat materials Contact(s): Roger Tomten, Putman Planning& Design, (715) 381-8291 Richard Thompson, TKDA(651) 292-4474 Tom Peterson, Bonestroo (651) 604-4868 David Hebert, City Attorney(651) 464- 3397 Prepared by: Anne Hurlburt, Administrator (tii gavo final plat) Page 2 of 2 06/01/07 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 06-05-07-03 TII GAVO MAJOR SUBDIVISION, FINAL PLAT AND CONDITIONAL USE PERMIT WHEREAS, Big Marine Lake Development, LLC has made application for a final plat and planned unit development conditional use permit for "Tii Gavo" Open Space Design and Planned Unit Development to allow subdivision of 154 acres into 37 individual lots and common open space, located at 12595 Lakamaga Trail; and WHEREAS, the property is legally described as follows: All that part of Government Lot 2, Section 33, Township 32 North, Range 20 West, Washington County, Minnesota which lies westerly of the following described line: Commencing at the northeast corner of said Section 33; thence North 89 degrees 25 minutes 27 seconds West,bearings are oriented to the Washington County Coordinate System,NAD 83, along the north line of said Section 33, a distance of 1610.52 feet to the point of beginning of said described line; thence South 12 degrees 56 minutes 27 seconds East, a distance of 615 feet more or less to the shoreline of Big Marine Lake and said described line there terminating. AND Government Lot 4, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota. AND Government Lot 5, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota. AND Resolution No.: 06-05-07-03 Page 2 of 3 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. AND 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; side 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 be 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; and WHEREAS, the Scandia Planning Commission and City Council reviewed the application on June 5, 2007 and found the final plat application to be consistent with the preliminary plat as amended on May 1, 2007,provided certain conditions are met; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of Big Marine Lake Development, LLC for a major subdivision Final Plat and Conditional Use Permit for Open Space Design and Planned Unit Development. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. That the plans received by the City on May 14, 2007 are approved except as they may be modified herein. 2. That the Development Agreement includes a provision giving the City the option to review and approve the accessory structure design before application for a building permit for any community storage building is received by the City. 3. That the Engineer's comments provided in the May 22, 2007 memo are addressed. 4. That the Carnelian Marine Watershed District permit is approved. 5. That the Low Floor Elevation, at least 2 feet above the 100 year flood elevation, be reported on the grading plans for all lots. Resolution No,: 06-05-07-03 Page 3 of 3 6. That park fees of$1,500 per lot are paid, and any other outstanding fees and escrow amounts are paid. 7. That the Wetland Conservation Act permit is approved. 8. That the Development Agreement shall be fully executed and financial guarantees provided prior to issuance of a building permit. Adopted by the Scandia City Council this 5th day of June, 2007. Dennis D. Seefeldt, Mayor ATTEST: Administrator/Clerk TKDA 444 Cedar Street,Suite 1500' Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: City Council Reference: Tii Gavo Final Plat Planning Commission City of Scandia, Minnesota Anne Hurlburt,Administrator Scandia File Number 2007009 Copies To: Proj. No.: 13582.010 From: Richard E. Thompson, AICP Routing: Berry Farrington Date: May 31, 2007 SUBJECT: Tii Gavo Final Plat Conditional Use Permit for Open Space Design, Planned Unit Development MEETING DATE: June 5, 2007 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 60-DAY PERIOD ENDS: July 13, 2007 ITEMS REVIEWED: Final Plat submittal received May 14, 2007 BRIEF DESCRIPTION OF THE REQUEST: The Applicant requests approval of the Tii Gavo Final Plat, Conditional Use Permit for Open Space Design, and Planned Unit Development to divide 154 acres into 37 individual lots and common open space. The subject property is located on the north shore of Big Marine Lake, south of Lakamaga Trail North. The Preliminary Plat was granted conditional approval on September 5, 2006. EVALUATION OF THE REQUEST: The Applicant has been working with the City to address the conditions of preliminary plat approval. At the April and May Planning Commission/City Council meetings, the City and Applicant addressed many of the incompleteness and policy issues related to the project. The final plat application materials received on May 14, 2007, were determined complete by planning staff. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • Tii Gavo Final Plat Page 2 May 31, 2007 City of Scandia The following is a summary of items that the Planners recommend be addressed in conditions of final plat approval. Design of Community Storage Buildings At the April 3, 2007, Planning Commission/City Council meeting, the Applicant provided a sketch plan of the proposed storage buildings and indicated that it was premature to provide detailed design information because the structures would be built at a later time, as they are needed. The Planners recommend that a condition of the final plat approval be that the Development Agreement include a provision giving the City the option to review and approve the accessory structure design before application for a buildingpermit for any community storage building is received by the City. City Engineer's Comments The City Engineer provided comments in a memo dated May 22, 2007. The comments address Wetlands D and M, pipe size for Infiltration Basin I-5, skimmer structure for Pond W-3, and a stormwater treatment maintenance agreement between the City and Homeowners Association. The Planners recommend that a condition of the final plat approval be that the Engineer's comments are addressed. Carnelian Marine Watershed District Permit The Carnelian Marine Watershed District has authorized the District Engineer to issue the permit. The permit will be issued once the Engineer's review is complete and any outstanding issues are addressed. The Planners recommend that a condition of the final plat approval be that the Carnelian Marine Watershed District permit is received. Low Floor Elevations The Scandia Subdivision Ordinance requires that the Low Floor Elevation shall be at least 2 feet above the 100-year flood elevation. On the Grading Plans, the Low Floor Elevation was inadvertently left off of one lot (Lot 1, Block 7). A recommended condition of final plat is that the Low Floor Elevation, at least 2 feet above the 100-year flood elevation,be reported on the Grading Plans. Park Dedication/Fee in Lieu The Applicant will provide the per lot $1,500 fee in lieu of land. The park fee is not charged for the existing home. Wetland Conservation Act Permit The Washington Conservation District has reviewed the permit application for wetland impact. The City will act on the permit request as a separate Council action. Tii Gavo Final Plat Page 3 May 31,'2007 City of Scandia 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 Tii Gavo final plat, signed May 11, 2007, with the following conditions: 1. That the Development Agreement includes a provision giving the City the option to review and approve the accessory structure design before application for a building permit for any community storage building is received by the City. 2. That the Engineer's comments provided in the May 22, 2007, memo are addressed. 3. That the Carnelian Marine Watershed District permit is received. 4. That the Low Floor Elevation, at least 2 feet above the 100-year flood elevation, be reported on the Grading Plans for all lots. 5. That park fees are paid, and any other outstanding fees and escrow amounts are paid. 6. That the Wetland Conservation Act Permit is received. 7. That the Development Agreement shall be fully executed and financial guarantees provided prior to issuance of a building permit. Memorandum 4 Bonestroo To: Tom Peterson Project: Tii Gavo Date: 5-22-2007 2335 Highway 36 w St.Paul,MN 55113 From: Emily Resseger Client: The City of Scandia Tel 651-636-4600 Fax 651-636-1311 Re: Drainage Review File No: 000568-06132 www.bonestroo.corn Development: Tii Gavo Developer: Big Marine Lake Development,LLC Engineer: Ayres Associates,Duluth Submittal: Drainage Calculations, Plans Plan Sheets: Grading and Drainage Date of Plans: 5-11-07 Date Received: 5-14-07 Summary of Recommendations Based on our review of the Tii Gavo development,we offer the following comments. 1. Wetland outlets and routing should be clarified for Wetlands D&M. The grading plan shows Wetland M overflowing into Infiltration Basin 1-8,and Wetland D overtopping the shared drive and entering Infiltration Basin 1-8. This infiltration basin is not meant to handle large flows,which could cause vegetation washout and re-suspension of sediment. Wetland outlets should be provided at or above existing outlets that route flows around Infiltration Basin 1-8. 2. The proposed pipe outlet for Infiltration Basin 1-5 should be upsized to the City minimum pipe size of 12". 3. A City approved skimmer structure should be provided for Pond W-3 to prevent floatables from migrating downstream. Because of concerns over concentrated flows entering Big Marine Lake,a wood baffle skimmer may be provided in front of the rip-rap weir,or a pipe outlet with skimmer may be installed and adequate energy dissipation provided downstream. 4. A stormwater treatment maintenance agreement should be drawn up between the homeowner's association and the City establishing responsibility for maintaining all stormwater features onsite. CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT TII GAVO THIS AGREEMENT (this "Agreement") made and entered into this day of day of June, 2007, by and between the City of Scandia, 14727 209th Street North, Scandia, MN 55073, a Minnesota municipal corporation (hereinafter referred to as "City"), and Big Marine Lake Development, LLC, 21080 Olinda Trail North, Scandia, MN 55073 (hereinafter referred to as "Developer"). WITNESS: WHEREAS, the Developer has submitted a Preliminary Plat (the "Preliminary Plat") and Planned Unit Development (the "PUD") for a major subdivision and development of approximately 153.99 acres into 37 single-family residential lots to be known as "TII GAVO" (the "Project"); and, WHEREAS, the City intends to grant Developer final plat approval for the final plat (the "Plat") for the first phase of the Project, consisting of 29 single-family lots; and WHEREAS, it is the policy of the City to enter into development contracts as described in Minnesota Statutes Sec. 462.358, Subd. 2(a); and, WHEREAS, the parties desire to set forth the respective rights and obligations of the parties to this Agreement with respect to the development. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties as follows: 1 1. a) Letter of Credit for Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, furnish to the City Letters of Credit in the sum of $ and $20,000 to be held and released by the City, as provided in Section 5 (d) as security for the payment of the costs of construction of the Public Improvements and related expenses and the costs of compliance with the approved Landscape and Tree Preservation Plan. b) Deposit and Payment for Costs Incurred by City. Contemporaneously with the execution of this Agreement, Developer shall deposit with the City the sum of$10,000.00 as a cash escrow to cover the costs of the City Engineer, City Attorney and City Planner for preparation of this Agreement, review of subdivision and contract documents and final construction plans, together with such inspection and administrative costs as may be incurred in connection with the Project. All reasonable administrative, legal and engineering costs incurred by the City in connection with the subdivision shall be documented in a form suitable for inspection by Developer and charged against said escrow account. Developer shall within ten (10) days after notice by the City Clerk replenish the escrow provided in this section in such amount as said Clerk deems reasonable based on verifiable obligations remaining to be completed pursuant to this Agreement. Any funds remaining in the escrow account after completion and acceptance of the Project shall be reimbursed to Developer. The City shall not be liable to pay interest on the funds held. Except as provided otherwise in the preceding paragraph, all costs reasonably incurred by the City in connection with the development of the Project shall be billed to Developer and paid by it upon receipt of an invoice therefor. The City may draw against the Development Letter of Credit or the Landscape Letter of Credit for any amount remaining unpaid 30 days after receipt of 2 the invoice. The Development Letter of Credit and the Landscape Letter of Credit shall be maintained until completion of Developer's obligations with respect to the first phase of the Project and removal of all temporary soil stabilization and erosion control devices (such as silt fencing) related thereto. After the completion of all obligations of the Developer with respect to the first phase of the Project, the Development Letter of Credit and the Landscape Letter of Credit shall be released to Developer as provided in Section 5 (d). 2. Improvements. Developer shall construct the following described improvements for TII GAVO (collectively, the "Improvements") in accordance with the following plans prepared by the Developer's engineer and approved by the City Engineer: (i) Final Grading, Drainage and Erosion Control Plan dated , 2006; (ii) Final Street and Utility Plans dated , 2006, Final PUD and Plat Application Book dated , 2006; and (iv) Final Landscape and Tree Preservation Plan dated , 2006: a) Monuments. Within one year of recording of the Plat all lot and block corners and angle points which are identified on the Plat must be monumented with iron surveyor's pipes by Developer to assure proper setbacks within the lots. b) Public Improvements. Developer shall construct, pursuant to the approved plans, rural section bituminous public streets including grading, road bed preparation, subgrade work, bituminous surfacing, storm water controls, drainage systems, berms, swales and/or other storm water drainage and retention devices as required by such plans, for all streets shown on the Plat. c) Private Sanitary Sewer and Storm Water Management. Developer shall be responsible for the installation, pursuant to plans approved by the City, of private 3 community sanitary sewer and treatment facilities, and storm water management infrastructure. d) Other Private Improvements. Developer shall be responsible for the installation, pursuant to plans approved by the City, of electricity, telephone and natural gas installations for the Project. These items shall be installed underground in a common trench to the extent feasible (except for such appurtenant equipment related thereto as is normally installed above ground, such as transformers, meters and the like) and in the platted utility easements provided in the Plat. Owners of residential lots may install water wells to serve each owner's residential lot. Developer shall encourage individual residential lot purchasers to share wells with one another. e) Landscape Requirements. Developer shall landscape the site in accordance with the approved Landscape and Tree Preservation Plan and the City Development Code. All plantings shall be maintained and, if necessary, replaced as provided in the City Development Code. f) Soil Stabilization and Erosion Control. Soil stabilization shall be employed throughout the Project to insure the integrity of the soils. Developer shall install erosion control devices as required by the Erosion and Sediment Control Plan approved by the City Engineer prior to construction startup or as shown on the plans, and such devices shall be removed or maintained at the discretion of the City Engineer until the City's final acceptance of the public and private improvements. Vegetative ground cover shall be installed as soon as reasonably practicable upon completion of any phase of site or lot grading. Developer shall rough grade that portion of the Project that will be the 4 second phase of the Project in order to implement the storm water drainage system for the entire Project. g) Traffic Signs. Developer shall install traffic signs at its own cost and expense and in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 2.1 Completion of Improvements. Subject to Unavoidable Delays (as hereafter defined), all Improvements with respect to the Plat shall be substantially completed in accordance with the Grading Plan and the Utility and Street Plans on or before October 30, 2007, except that the bituminous wear course for the public streets shall be installed before September 30, 2008. 2.2 As-Built Plans. Developer shall furnish, at no cost to the City, at least two sets of as-built plans on mylar indicating the location of all utilities in place, said as-built plans to be in a form approved by the City Engineer who shall certify to the City that said plans correctly represent the location of the utilities as contracted. 3. Unavoidable Delays. The deadlines set forth in Section 2 and the dates for Developer's performance of its other obligations hereunder may be extended if Developer provides the City written notice of delays incurred by Developer due to causes beyond Developer's reasonable control, including but not limited to delays in material and equipment deliveries, labor or equipment shortages, weather conditions that interfere with completion of the Improvements hereunder (collectively, "Unavoidable Delays"). In the event of an Unavoidable Delay, the deadlines and dates for performance of Developer's obligations hereunder shall be extended for the period of the delay, provided, however, if such delays cause Developer to be unable to complete the Improvements due to cold weather or frost conditions, such deadlines and 5 dates shall be extended until a date in the following year by which Developer, subject to road limitations and further Unavoidable Delays, can complete the Improvements. 4. Plan Preparation, Submissions and Approvals. a) Preliminary Plan Approvals. The Grading Plan has been approved and accepted by the City Engineer. b) Final Plans for Public Improvements. The Developer shall provide the Utility and Street Plan to the City Engineer for final approval, consistent with the terms hereof. c) Landscape Plan. Developer shall submit the Landscape and Tree Preservation Plan to the City Engineer and the City Council for final approval. 5. Construction Warranty., Inspection and Approval., Financial Guaranty and Maintenance Bonds. a) Warranty. Developer agrees to construct the Improvements at its own expense in accordance with the terms of this Agreement and the approved plans. Developer represents and warrants that the Improvements shall be guaranteed to be properly functioning as designed for two years following the installation of the wear course of bituminous surface with respect to the phase in question (the "Warranty Period"). Acceptance of each component of the Improvements shall occur after the expiration of the Warranty Period with respect thereto and formal motion of the City accepting such compenent of the Improvments; provided, however, if the City has not formally accepted any component of the Improvements within thirty (30) days after the 6 expiration of the Warranty Period with respect thereto, the City shall be deemed to have accepted such component of the Improvements and assumed all liability for maintenance of such Improvements. It is understood that the City will perform snow plowing and any other normal City street maintenance after completion of construction and during the Warranty Period. If Developer requests and the City agrees to provide any snowplowing or other maintenance prior to completion of construction, such plowing and maintenance shall be at the expense and risk of Developer. The City shall not be responsible for any damage to any improvements prior to completion of construction. Developer shall repair or replace any material or labor that is reasonably rejected by the City Engineer as defective or not in compliance with the approved plans therefor, to the reasonable satisfaction and approval of the City Engineer at the sole cost and expense of Developer, provided the City Engineer has given written notice of such defect or noncompliance, supported by technical evidence, to Developer prior to expiration of the Warranty Period. b) Staking and Inspection. Developer authorizes the City Engineer to perform inspection relative to the Utility and Street Plans and grants it a license to enter the Project to perform all necessary work and/or inspections until final acceptance by the City of all Improvements and expiration of the Warranty Period for the last of the Improvements. c) Acceptance of Improvements. Upon notice by Developer that any of the Improvements have been completed, the City Engineer will inspect in a timely manner 7 the Improvements to insure that the Improvements were constructed in accordance with the approved plans and the terms of this Agreement. d) Financial Guaranty. To finance construction of the Public Improvements and secure Developer's obligations set forth in Section 2, Developer shall provide to the City an automatically renewable Irrevocable Letter of Credit in the sum of$ (the "Development Letter of Credit"). Developer shall be entitled to a reduction in the Development Letter of Credit on a dollar for dollar basis as Improvements are inspected and approved by the City Engineer, except that the Development Letter of Credit shall not be reduced below an amount equal to 125% of the cost of the work to be completed as determined by the City Engineer nor below the amount of $ (being the minimum contingency for the Project) until the Improvements have been accepted by the City and the Warranty Period has expired. To obtain a reduction in the Development Letter of Credit, the Developer will give notice to the City of completion of a portion of Improvements. The City Engineer will inspect the completed Improvements within ten (10) days of the Developer's notice, and, provided the Engineer approves the completed Improvements, the reduction in the Development Letter of Credit will occur on a dollar-for-dollar basis within thirty (30) days after the City Engineer's approval subject to the limitations stated above. If the Development Letter of Credit does not automatically renew, then at least thirty (30) days prior to the expiration of the Development Letter of Credit, Developer shall provide the City with a new Development Letter of Credit for a period of at least one (1) year beyond the expiration date of and for the same amount as the Development Letter of Credit then in effect or Developer shall be in default hereunder with no 8 opportunity to cure, and the City may immediately demand from the surety the amount of the Development Letter of Credit then in effect. To secure completion of the requirements of the approved Landscape and Tree Preservation Plan, Developer shall provide to the City an irrevocable letter of credit (the "Landscape Letter of Credit") in the sum of$20,000.00. If the Landscape Letter of Credit does not automatically renew, then at least thirty (30) days prior to the expiration of the Landscape Letter of Credit, Developer shall provide the City with a new Landcape Letter of Credit for a period of at least one (1) year beyond the expiration date of and for the same amount as the Landscape Letter of Credit then in effect or Developer shall be in default hereunder with no opportunity to cure, and the City may immediately demand from the surety the amount of the Landscape Letter of Credit then in effect. After Developer has completed the requirements of the approved Landscape and Tree Preservation Plan, the Landscape Letter of Credit shall be reduced to the sum of $10,000.00, which shall remain in effect until two full growing seasons have elapsed after the completion of all required plantings. If plantings have died within two full growing seasons, they shall be replaced at the expense of Developer. Any Letter of Credit provided under this section shall permit the City to draw upon the Letter of Credit immediately following any Developer default hereunder that is not cured within any applicable notice period and opportunity to cure by Developer and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. 9 6. Fees and Charges. In addition to those City costs for which the Developer is responsible pursuant to Section 1 hereof, Developer and City agree that Developer shall pay the following: a) Recording Fees. All fees and charges in connection with recording this Agreement and the Plat with the County. b) Park Dedication. Developer shall satisfy the City's park dedication requirements (or fees in lieu thereof) with respect to the Plat by payment of the sum of $42,000.00 upon execution of the Plat ($1,500 per undeveloped lot). Developer shall satisfy the City's park dedication requirements (or fees in lieu thereof) with respect to the second phase by payment of the sum of $12,000.00 upon execution of the plat with respect to the second phase ($1,500 per undeveloped lot). Developer further agrees to grant to the City a public trail easement over Outlot in the approximate location depicted on the attached Exhibit , at such time as the landowner to the north of the Project creates a public trail easement that joins up with the proposed public trail easement depicted on Exhibit 7. Permits: Approvals: and Certificates of Occupancy. a) Other Governmental Units. Upon execution of this Agreement, Developer shall promptly apply for all permits, approvals and licenses required from any governmental agencies as may be necessary for Developer's construction of the Improvements as herein contemplated, and Developer shall construct the Improvements in accordance with the requirements of all such permits, approvals and licenses and the legal requirements of such other governmental agencies. b) Intentionally Omitted. i0 c) Building Permits. No building permits shall be issued for construction of a residence within the Project until the following conditions have been satisfied: (i) The Plat and this Development Agreement must be recorded with the County. (ii) With respect to the lot for which a permit is requested, the erosion control devices required by the approved drainage and erosion control plan must be substantially constructed, and all street improvements except the installation of any bituminous surface. (iii) All other building permit requirements of the City's ordinances applicable to residential structures have been complied with, provided that in the event of any inconsistency between the terms of this Agreement and the terms of such ordinances, the terms of this Agreement shall control the building permit process for the Project. One building permit may be issued for the community building on Outlot D, TII GAVO provided that adequate access, approved by the City Engineer, to the lot from an existing public street is provided. d) Certificates of Occupancy. No certificates of occupancy shall be issued for a residence within the Project until utility/road improvements serving such residence are substantially completed (as reasonably determined by the City Engineer), except the installation of any bituminous surface. 8. Restrictions Applicable to All Lots. Following acceptance of the Improvements by the City, all residential lots within the Project shall be maintained and occupied in accordance with the following restrictions: a) Drainage Improvements. All wetland and drainage areas within public drainage easements (collectively, the "Drainage Areas"), shall not be filled, altered or disturbed without the prior written consent of the City. Grazing by domestic animals shall not be permitted within the Drainage Areas. 11 Notwithstanding the sale of any lot, Developer, the homeowner's association and their agents and contractors, shall have the right to enter upon the lots for the purpose of repairing the Drainage Areas and related drainage appurtenances. Additionally, the City, and its agents and contractors, shall have the right to enter upon any lot on which Drainage Areas exist for the purpose of inspecting and maintaining the same. In the event that any Drainage Areas on a lot have been filled, altered or disturbed (any such event is hereafter referred to as a "Disturbance") without the prior written consent of the City and the same is not corrected within thirty (30) days after notice thereof by the City to the owner(s) of such lot, the City, and its agents and contractors, shall have the right to enter upon such lot for the purpose of performing work necessary to correct the Disturbance and repairing any damage caused by the Disturbance, and assess the costs thereof against the lot, provided, however, that in the event of an emergency, the City shall not be required to provide notice and an opportunity to the lot owner(s) to perform such necessary work, but may nonetheless assess the cost thereof to the lot. b) Improvements in Road and Easement Areas. Other than ground cover (grass) and driveways, no improvements shall be installed by any owners or occupants of lots in public or private road rights-of-way or in utility or drainage easement areas adjacent thereto that interfere with operation of the City's maintenance equipment (including snow plows) in such areas. c) Advertising Signs. All signs advertising the development of the Project and general sales of lots or residences within the Project (including lighting of such signs), other than standard single yard signs for sales of individual lots, must comply with 12 the City's sign ordinances and policies and be approved by the City in advance of installation. d) Resubdivision. There shall be no subdivision of any of the residential lots within TII GAVO without the consent of the City. The Plat is approved under the open space provisions of the Development Code, which provide for a maximum density of 37 residential units. e) Height Restriction. No structure on Lots 1, 2 or 3, Block 10 shall exceed 30 feet in height as height is defined as follows: the vertical distance between the highest adjoining ground level within five (5) feet of the building, or ten (10) feet above the lowest ground level within five (5) feet of the building, whichever is lower and the highest point of a flat or mansard roof or the highest gable of a pitched or hipped roof. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, agricultural silos, wind energy conversion systems, wireless communication antennas and towers and flag poles up to 45 feet in height. The height of a stepped or terraced building is the maximum height of any segment of the building. 0 Storage Buildings. The maximum square footage of the storage buildings situated on Outlots C and H shall not exceed 23,000 square feet. g) Dockage. There shall only be one dock serving the Project for the seasonal mooring or storage of boats with a maximum number of nineteen slips; provided, however, an additional dock shall be permitted on Rasmussen Pond and a community boardwalk and fishing pier shall be permitted as depicted in the Preliminary Plat. 13 9. Miscellaneous. a) Plat Recording. All applicable conditions of Final Plat approval must be met prior to the recording of the Plat. The Plat must be recorded with the Washington County Recorder within one hundred twenty (120) days of Final Plat approval unless reasonably extended or said approval shall be null and void. All financial requirements of the City shall be delivered to the City Clerk upon execution of the Plat. b) Conveyance of Lots. The Plat and this Development Agreement must be recorded with the Washington County Recorder's Office prior to Developer's transfer of fee title or a contract vendee's interest in any lot within the Project. c) Homeowner's Association. Developer shall furnish to the City Attorney, for his review, copies of the Articles of Incorporation, Declaration of Covenants and Bylaws of TII GAVO. 10. Developer's Representations. a) General. Developer hereby represents, warrants, and covenants to the City that as of the date of this Agreement, the statements set forth in this section are true and correct. b) No Disability. Developer knows of no legal disability that would prevent it from carrying out this Agreement. c) Ownership. Developer owns marketable fee title to the Project (subject to mortgage and related financing instruments). d) Execution No Violation. The execution, delivery, and performance of this Agreement does not and will not result in any breach of, or constitute a default under, any 14 indenture, mortgage, contract, agreement or instrument to which Developer is a party or by which it or the Project is bound. e) Litigation. There are no pending nor, to the knowledge of Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business, or operation of Developer or the ability of Developer to perform its obligations under this Agreement. f) Compliance. Developer will comply with and, subject to Unavoidable Delays, duly and promptly perform all of its obligations under this Agreement. 11. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the Project, and shall be deemed covenants running with the land, provided, however, that at Developer's request, after all of the Improvements have been accepted by the City and the Warranty Periods therefore have expired, the City shall issue a Certificate of Compliance, in recordable form, stating that the Improvements have been constructed and completed by Developer in accordance with the terms hereof and have been finally accepted by the City. No purchaser of an individual residential lot from Developer or such purchaser's heirs, personal representatives, successor or assigns shall be obligated to perform any of Developer's obligations under this Agreement and the residential lots purchased by any such purchasers shall not be burdened by this Agreement; provided, however, each residential lot shall be subject to the restrictions set forth in Section 8 above. 15 12. Title Evidence. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than 30 days prior to the execution of the Plat. 13. Insurance. Developer or Developer's Contractor shall take out and maintain until the Warranty Period has expired, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the work. Limits for bodily injury and death shall not be less than Three Hundred Thousand and no/100 ($300,000.00) for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage upon execution of this Agreement. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 14. Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of the negligent actions or omissions, intentional misconduct or default hereunder by Developer, its employees and agents, in connection with the Project. 15. Care of Premises. Developer shall keep the Project free from accumulation of waste materials, rubbish, and other debris resulting from the work and at the completion of the Project, it will remove and shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment, machinery and surplus materials and 16 will leave the Project acceptable to the City. Developer shall not permit the tracking of significant amounts of soil from the site onto the adjacent public streets. Developer shall not be responsible for the acts or omissions of contractors involved in the construction of improvements on the residential lots, except for the Improvements. 16. Events of Default: Remedies. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (i) Subject to Unavoidable Delays, failure by Developer to commence construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement, within thirty (30) days after notice thereof by the City to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. (ii) Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, within thirty(30) days after notice thereof by the City to Developer, or such longer period of time as may reasonably be required to cure such default provided Developer is proceeding with diligence to do so. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following actions: (i) The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. (ii) The City may initiate such action, including legal or administrative action, whether in law or in equity, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or recover any damages sustained by the City as a result of Developer's default hereunder. 17 (iii) The City may immediately draw on the Development Letter of Credit or the Landscape Letter of Credit and use the proceeds thereof to cure any such Event of Default or exercise its rights under this Agreement. (iv) The City may withhold building permits until the necessary corrective action is completed by Developer, except with respect to residential lots no longer owned by Developer. 17. Estoppel Certificates. Within twenty (20) days after the City's receipt of notice requesting an estoppel certificate, the City will cause an appropriate representative of the City to execute, acknowledge and deliver to the Developer an estoppel certificate certifying either (i) that this Agreement is unmodified and in full force and effect; that this Agreement is in full force and effect as modified, and stating the modifications; or (ii) that this Agreement has terminated; and either that, to the best of City's actual knowledge, (i) neither the City nor the Developer is in default under this Agreement or (ii) stating that neither the City nor the Developer is in default under this Agreement except as stated in the Estoppel Certificate and setting forth, and specifying, the nature and extent of the default. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF SCANDIA: By Dennis D. Seefeldt, Mayor By Anne Hurlburt, City Clerk 18 DEVELOPER: BIG MARINE LAKE DEVELOPMENT, LLC By Mark Sandercott, Chief Manager 19 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Dennis D. Seefeldt and Anne Hurlburt, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Scandia, who by authority of the City Council of the City of Scandia, did sign said instrument and acknowledge said instrument to be the free act and deed of said City of Scandia. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day day of , 2007, before me, a Notary Public, in and for said County and State, appeared Mark Sandercott, to me personally known, who being by me first duly sworn, did say that he is the Chief Manager of Big Marine Lake Development, LLC, a limited liability company under the laws of the State of Minnesota, who by authority of the company did sign said instrument and acknowledge said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: HEBERT AND WELCH, P.A. 20 NORTH LAKE STREET, SUITE 301 FOREST LAKE, MN 55025 TELEPHONE: 651-464-3397 FAX: 651-464-8664 20 EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT Lot 1, Block 1; Lot 1, Block 2; Lots 1 through 4, Block 3; Lot 1, Block 4; Lots 1 through 4, Block 5; Lots 1 through 7, Block 6; Lots 1 and 2, Block 7; Lot 1, Block 8; Lots 1 and 2, Block 9; Lots 1 through 6, Block 10; Outlots A, B, C, D, E, F, G, H, I, J and K; TII GAVO, Washington County, Minnesota. EXHIBIT B CITY FINANCIAL REQUIREMENTS 1. Development Letter of Credit — 125%x $ $ 2. Landscape Letter of Credit $ 20,000.00 3. Costs escrow $ 10,000.00 4. Park Fees (first phase only) $ 42,000.00 Memorandum Bonestroo To: Tom Peterson Project: Tii Gavo Date: 6-5-07 2335 Highway 36 W St.Paul,MN 55113 From: Emily Resseger Client: City of Scandia Tel 651-636-4600 Re: Response to Developer Fax 651-636-1311 Comments File No: 000568-06132 www.bonestroo.com Development: Tii Gavo Developer: Big Marine Lake Development,LLC Engineer: Ayres Associates, Duluth Submittal: Final Plat/Plan Review Comments Plan Sheets: --- Date of Plans: 5-24-07 Date Received: 5-25-07 Response to Developer's Comments Based on our review of the Final Plat/Plan Review Comments from Ayres Associates,we offer the following response. Our original comment is followed by the response from Ayres Associates,which is then followed by an additional comment in italics. 1. Wetland outlets and routing should be clarified for Wetlands D&M.The grading plan shows Wetland M overflowing into Infiltration Basin 1-8,and Wetland D overtopping the shared drive and entering Infiltration Basin I-8.This infiltration basin is not meant to handle large flows,which could cause vegetation washout and re-suspension of sediment.Wetland outlets should be provided at or above existing outlets that route flows around Infiltration Basin I-8. Ayres Response 1 -The likelihood of either Wetlands"D"or"M"overtopping is relatively low(i.e. only if an unusual storm or combination of storms greater than a 100-yr event).We agree that Basin I-8 is not sized to handle or bypass flows from an extremely unusual event that does overtop these Wetlands. However,the additional cost and disruption to the landscape of providing ditches and bypass structures that would simultaneously route storm water from the shared drive and bypass extreme flood events is relatively high compared to the cost of simply re-grading and re- establishing vegetation at Basin 1-8 in the unlikely event that such an event does occur.As a matter of risk assessment,we suggest that the drive and basin do not justify the extra cost and disturbance of providing bypass structures or ditching to preserve a relatively minor and low-value infiltration basin. Additional Bonestroo Comment.Because there are no homes in this area, the existing wetland overflows will be acceptable. 2. The proposed pipe outlet for Infiltration Basin 1-5 should be upsized to the City minimum pipe size of 12". Ayres Response 2 -We will upsize the pipe to 12-inch diameter. Additional Bonestroo Comment:Please provide final plan sheets showing the 12-inch pipe. 3. A City approved skimmer structure should be provided for Pond W-3 to prevent floatables from migrating downstream.Because of concerns over concentrated flows entering Big Marine Lake,a wood baffle skimmer may be provided in front of the rip-rap weir,or a pipe outlet with skimmer may be installed and adequate energy dissipation provided downstream. Ayres Response 3 -We suggest that the nature of this high-end, low-density, rural residential development presents a relatively low risk to downstream receivers in the form of stormwater floatables.Any floating debris will likely be trapped by rock weirs,ditch checks,and inlet grates before it reaches the Wet Pond W-3.There is additional cost and maintenance related to installing and maintaining a wood baffle structure,which may not be justified. However,if the City feels strongly about this,please forward the City approved wood baffle detail and we'll incorporate into the construction plans.As a matter of record,we discussed this issue with the Watershed District in some detail. In our earlier submittal,we showed a manhole outlet structure routing flows directly to Big Marine Lake.The Watershed District expressed the strong opinion that no direct discharges to Big Marine Lake should be allowed precluding the use of a pipe outlet. Additional Bonestroo comment:A wood baffle skimmer should be provided. The City does not have an approved wood skimmer detail,but the following Skimmer Structure is acceptable. if? 4. A stormwater treatment maintenance agreement should be drawn up between the homeowner's association and the City establishing responsibility for maintaining all stormwater features onsite. Ayres Response 4 -Agreed. Putman Planning will provide the maintenance agreements. Additional Bonestroo comment-The document"Permanent Storm Water Treatment Operations and Maintenance Guidelines for T//Gavo on Big Marine Lake"dated May 11,2007has been reviewed and is an acceptable agreement that should be included in the Development Agreement. A stipulation should be included that states reductions in Letter of Credit amount will adjusted to hold enough monies in case infiltration ponds fail testing and require replacement/repair. As each infiltration pond is tested a year after installation and passes design rates shown below,monies will be released. Basin Design infiltration rate (in/hr) F-1 0.12 F-2 0.03 1-3 0.6 1-4 0.6 1-5 0.6 1-6 0.6 1-7 0.4 1-8 0.1 1-9 0.1 1-10 0.1 I-10B 0.1 1-12 0.1 1-14 0.3 1-15 0.1 1-16 0.2 1-17 0.1 1-18 0.6 1-19 0.2 BS-01 0.2 BS-02 0.1 RECEIVED MAY 14 Z007 AYRES MEMORANDUM CITY OF SCANDIA ASSOCIATES To: City of Scandia and Big Marine Lake Development From: Tom Pfeffer, PE / 1 pp Date: May 11, 2007 Project No.: 81-0158.90 Re: Tii Gavo on Big Marine Lake Responses to Final Plat Review Comments — Roadway and Stormwater This memorandum summarizes our response to City of Scandia review comments related to the Final Plat Submittal for the proposed Tii Gavo Development on Big Marine Lake. Given our limited role in the project, this memorandum only addresses pertinent comments related to storm water and roadway design. Responses to TKDA Planning Review letter dated March 1, 2007: Item 3 — Storm sewer profiles were submitted in March 2007. Item 8—The Carnelian Marine Watershed District (CMWD) Board has authorized the CMWD Engineer to issue the storm water permit once the final comments are addressed. We have addressed all of the pertinent plan review comments in memorandum number 2 from CMWD dated April 1, 2007. Specific responses are listed below. Responses to Bonestroo Drainage Review memorandum dated February 28, 2007: Item 1 —We reviewed elevation data from survey points in the wetlands to confirm existing conditions. The design grades were revised to match existing conditions. Item 2 —A pipe outlet added to basin 1-5. Item 3 — For the two very small areas in question, filling or excavating wetlands would result if the treatment facilities were constructed to directly intercept storm water prior to entering the wetland. Per the follow-up comments of March 30, 2007, the design was revised to route storm water through grass swales prior to flowing into wetland. Item 4 —The storm water design and hydraulic model were revised to account for the City's design preferences. Changes are incorporated in the new plans dated May 11, 2007. The design meets the City's rate control requirements. Item 5 — Based on review comments from the CMWD Engineer, a skimmer outlet structure was not added to the design for basin W-3 in order to minimize the potential for concentrated flows directly entering Big Marine Lake. Out flow water is routed over rip rap weir to Wetland "L". Item 6 -A skimmer outlet structure was added to the design for basin W-2. File:is\proj\81\810158_90\plan review\stormroadresponses_tiigavo_11may07.doc Page 1 of 4 2701 W.Superior Street•Suite 110• Duluth,MN 55806-1857•218.722.7131 • Fax:218.722.7165 •www.AyresAssociates.com • Item 7 —After further evaluation, the installation of a skimmer structure was not feasible in the location suggested for the F-1 P / F-1 basin. The design will trap debris in the filtration basin and it will not be discharged to Big Marine Lake. Item 8— Rip rap added to the design as suggested for basins 1-17 and F-1P. Item 9 — NWL and HWL elevations added to plans as requested. Item 10 —The new design meets the 3 feet mean depth standard. Item 11 —The new design includes a subsurface drain in each infiltration basin to be used as an alternate (back-up) method for draining the basin. The drain will be connected to a valve, which will be set in the "closed" position. Since the "open" subsurface drain pipe will discourage infiltration, the CMWD Engineer should be contacted prior to opening the valves. Item 12 —As stated in previous memorandum, we understand that the homeowners' covenants will require on-going maintenance of the storm water facilities ensuring the storm water facilities will infiltrate as designed. Many of the technical maintenance requirements are included within the Permanent Storm Water Treatment Operations and Maintenance Guideline. Additionally, we will provide technical recommendations for the wording of the maintenance agreement, if requested. Item 13—The design of wet sedimentation basin W-3 was revised to include the 10-foot aquatic bench. Item 14 — Easements provide access to all of the treatment facilities. Individual gravel access drives are not provided for aesthetic reasons. Responses to Bonestroo Engineering_Review memorandum dated March 12, 2007: Item 3—Aggregate shoulder material revised to Class 5 Limestone Aggregate. Item 4 —The design is revised so that the subsurface drains in the select granular subbase are only required under concrete curb and gutter sections. Refer to the typical section on Drawing TS01 in the new plan set dated May 11, 2007. Item 5 —Topsoil and seeding is required for all slopes. Refer to Landscape Plans for specifications. Item 6 —Transition notes added to new design for Lakamaga Trail and Newgate Avenue connections. Item 7— Culvert that was at 7+50 was moved to new location to achieve adequate cover. Item 8, 14 & 21 — Bituminous flume detail for curb & gutter to ditch transition included in the new plan set. Items 9 & 10 — Culvert pipes were relocated to meet cover requirements. Item 11 — Drop inlet (PCB125) added to the new design to collect drainage at Sta. 103+50. is\proj\81\810158_90\plan review\stormroadresponses_tiigavo_11may07.doc 81-0158.90 Page 2 of 4 Item 12 & 13— Culvert pipes locations revised to provide adequate cover and velocity. Item 15 —After further evaluation, water will drain across super-elevated pavement. Note was added to typical section to reverse concrete gutter slope to provide drainage. Item 16 —As stated in Item 4, subsurface drain connected to storm sewer structures where it was feasible. Item 17 —As stated in previous response memo, pressure sewer wastewater collection lines will be installed by horizontal drilling to minimize or eliminate damage to trees. Item 18 & 27 —Text edits are incorporated in new plan set. Item 19 & 20—The old wet sedimentation pond W-1 was changed to infiltration basin 1-19. Storm sewer inlets and conveyance piping revised to accommodate new design. Item 22 & 23—Old pipe located at Sta. 32+40 was removed due to addition of bioswale BS-1. Item 24 — Bituminous drive to wastewater treatment plant notes added to new design. Item 25 —The culvert pipe installed in November 2006 will need to be replaced with the two new "36-inch arch" culvert pipe sizes for crossing at Sta. 117+30. Item 26— Minor revisions to the high water elevations are shown on the new plans due to changes in the design and input criteria in the hydraulic model. Item 28 & 29 — I believe these have been addressed by Putman Planning & Design. Responses to Bonestroo Comments Drainage Review memorandum dated March 30, 2007: Item 1, 2, 3 — Discussed in the above responses to February 28th memorandum. Item 4 —The new design and hydraulic model incorporate the City's preferences. The new design does meet the wetland peak flow requirements. Items 5 through 10 - Discussed in the above responses to February 28th memorandum. Item 11 —As noted above, subsurface drain added with "ball" valve control. Items 12, 13, 14 - Discussed in the above responses to February 28th memorandum. Responses to CMWD plan review comments memorandum dated April 1, 2007: Item A—A copy of the May 11, 2007 plan set and hydraulic report will be sent to CMWD. Item A.3 —We understand the typical storm water treatment details for individual lots will be provided by Putman Planning & Design. Item A.5.a — HWL elevations shown on the new plan set. i:\proj\81\810158_90\plan review\stormroadresponses_tiigavo_11may07.doc 81-0158.90 Page 3 of 4 Item A.5.b— Recommended pond revisions incorporated into new storm water design and landscape plans. Item A.5.c— No further comments received for storm water O&M manual. Text edits completed. Item B.2 —We will forward a copy of the revised hydraulic report for the new design. Item H.1 — Erosion control plan sheets revised to incorporate new design. Cc: Tim Gile, BMLD Dan Fabian, CMWD Roger Tomten, PPD File 81-0158.90 is\proj\81\810158_90\plan review\stormroadresponses_tiigavo_11 may07.doc 81-0158.90 Page 4 of 4 Permanent Storm Water Treatment Operations and Maintenance Guidelines For Tii Gavo on Big Marine Lake Big Marine Lake Development, LLC Scandia, Minnesota ;, a ; a a P ° , *fix" & Pot � " _ n` x: '' f'3 7 . 6"Y } ,j r,a* �'� � �,''Sd-i�,{r' "`p� �_ �'" �,PI°g"n a + y? r� , �`i tr t. ,r ' fir 1 7� ?!. � � �� !ram " � • ,; 4 r 4�<: '. 1 m -^v.. > ' , `tc z i t X imr' d3 '' :w ...e x 1 "& .,'..:<,K." k � Prepared By: Ayres Associates. Inc 2701 W. Superior Street, Suite 110 RECEIVED Duluth, Minnesota 55806- (218) 722-7131 MAY 4 2007 May 11, 2007 CITY OF SCANDIA Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 1 of 15 Tii Gavo on Big Marine Lake Table of Contents Description Page I) Introduction 3 II) Regulations 3 Permanent Storm Water Treatment 4 Hydraulic Design — Executive Summary 4 Temporary Erosion Prevention and Sediment Control 5 III) Facility Type and Purpose 5 Infiltration Basins 5 Wet Sedimentation Ponds 5 Filtration Basins 6 Ditch Checks 6 Grassed Swales 7 Rain Gardens 7 Control Structures 8 Storm Sewer and Culvert Pipes 8 Reference Documents 8 IV) Operations 9 Infiltration Basins 9 Wet Sedimentation Ponds 9 Filtration Basins 9 Ditch Checks 10 Grassed Swales 10 Rain Gardens 10 Control Structures 10 Storm Sewer and Culvert Pipes 10 Special Considerations 10 V) Maintenance 11 Infiltration Basins 11 Wet Sedimentation Ponds 11 Filtration Basins 12 Ditch Checks 13 Grassed Swales 13 Rain Gardens 13 Control Structures 14 Storm Sewer and Culvert Pipes 14 Special Considerations 15 VI) Monitoring and Documentation 15 Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 2 of 15 I) Introduction Tii Gavo, Lake Living, is an open space conservation development proposed by Big Marine Lake Development LLC on a 154-acre site along the East Bay of Big Marine Lake located in Section 28, T32N, R2OW, in Scandia, Minnesota. The development consists of 37 lots and associated housing infrastructure. The development also includes the construction of a community center; beach and recreation area; community storage centers; and trails. The general plan of development calls for construction of the roads, community building, and utility infrastructure during 2007-2008. Individual home construction will occur thereafter and be guided by the desires of each lot owner, subject to the requirements of regulatory agencies, and the covenants of the development's homeowners association. In coordination with Washington County, the City of Scandia, and the Carnelian Marine Watershed District (CMWD), the proposed development will include the construction of 29 primary permanent storm water treatment facilities and numerous storm water pretreatment devices to meet current development requirements. We understand that the City of Scandia will take over responsibility of the roads, ditches, and cross culverts located within the platted road right-of-way. The developer and/or homeowners association will be responsible for maintaining the remaining swales, conveyances, and treatment facilities along private drives, common areas, and areas outside the platted road right- of-way. Since the operation and performance of all of the permanent storm water treatment facilities are inter-related, close coordination with the City of Scandia will be required. Further, close coordination with the CMWD will be necessary to ensure the permanent storm water treatment system is performing as planned. This Operations & Maintenance guideline is intended to serve as a basic resource to assist the developer and the homeowners association with maintaining the individual permanent storm water treatment devices, as well as the entire permanent storm water treatment system. While this guideline should be a good basis for operations and maintenance activities, it is anticipated that consultation with professional storm water designers and contractors may become necessary from time to time to ensure proper long-term operations of the permanent storm water treatment system. II) Regulations The City of Scandia, Washington County, the Carnelian Marine Watershed District (CMWD), and the Minnesota Pollution Control Agency (MPCA) all have storm water requirements that pertain to this development. In general, the most restrictive requirements usually take precedence over the less restrictive requirements. For this project, the MPCA National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) General Storm-water Permit for Construction Activity#MN R100001 requirements govern temporary erosion control and the CMWD requirements govern permanent storm water treatment and flow controls. While this guideline is focused on the operations and maintenance of the permanent storm water treatment facilities, temporary erosion prevention and sediment control is a critical element to ensure proper operations of the permanent storm water treatment facilities. As discussed later, the use of proper temporary erosion prevention and sediment controls during Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 3 of 15 the construction of the individual homes is essential to ensure the successful operation of the permanent storm water treatment system. Permanent Storm Water Treatment Big Marine Lake is the number one priority lake in the Carnelian Marine Watershed District (CMWD). The CMWD currently follows a resource protection management strategy. The proposed conservation development is consistent with the District's goals. The primary requirements of the Carnelian Marine Watershed District's 2000 Overall Plan with regard to storm water discharges focus on the District's desire to control peak flows to reduce erosion, channel instability, flooding and impacts to downstream water bodies from the proposed development. The major requirements are summarized as follows: • Provide rate and volume control for the 2-yr and 10-yr rainfall events to the pre- development condition. • Provide rate control for the 100-yr rainfall event to the pre-development condition. • Provide volume control for the 2-yr, 10-yr and 100-yr events for discharges to landlocked basins to the pre-development condition. The District rules also emphasize preserving and maintaining vegetated buffers for project wetlands and water resources. Hydraulic Design Report— Executive Summary The design methodology for the permanent storm water treatment is based on managing the net difference between the existing pre-development storm water runoff of the site and the anticipated post-development storm water runoff. A computer model of the project site was created in HydroCAD to compare the pre- existing versus the post-development runoff of the various storm events. Design input criteria include: watershed areas, elevation contours, soils types, routing through existing wetlands, and soil infiltration rates. While the overall site drains to either Rasmussen Pond or Big Marine Lake, the model was divided into 29 sub-catchments to size each permanent treatment facility. The site investigation revealed a variety of soil types and ground water conditions that restricted the use of certain types of permanent storm water treatment facilities. Some treatment facilities are good at attenuating runoff volume and/or flow rates, while other treatment facilities are only good at removing sediment and pollutants. In some sub- catchments the shallow ground water or poor soil infiltration restricted the use of an infiltration basin, which is the primary runoff volume control method specified by the CMWD. In some sub-catchments, the natural drainage patterns do not provide reasonable opportunities to intercept the proposed runoff prior to reaching downstream surface waters and it is not possible to meet the runoff volume and/or flow control requirements. The CMWD requirements can only be met when comparing the combined runoff volume and flow rates of all sub-catchments contributing to the receiving downstream surface water. Several of the permanent storm water treatment facilities are designed to pick-up the additional capacity necessary to compensate for areas where treatment is not feasible. Since the permanent storm water treatment facilities function to meet the combined site runoff volume and flow rate controls, an individual permanent storm water Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 4 of 15 treatment facility can not simply be taken out of service, without considering the effect it has to the entire system. Refer to the Hydraulic Report and HydroCAD Data Sheets bound separately. Temporary Erosion Prevention and Sediment Control A Storm Water Pollution Prevention Plan (SWPPP) has been developed for this development per the requirements of the MPCA NPDES general storm-water permit. Beyond the temporary controls required for the street, utility, storm water treatment facilities, and common buildings each homeowner will be bound by the temporary erosion prevention and sediment control requirements of the NDPES permit. The MPCA permit requires the homeowner's sign documents to share the responsibility for these controls as part of the MPCA "subdivision" requirements. These requirements help to protect both downstream receiving waters and the newly constructed permanent treatment facilities. Refer to the SWPPP and the MPCA NPDES/SDS permit bound separately. Ill) Facility Type and Purpose The design of this permanent storm water treatment system incorporates each individual treatment device into a composite treatment system. As a whole, the system only functions properly when each individual device functions properly. The following summary is intended to provide a brief, general description of the permanent storm water treatment devices that will be constructed as part of this development. Further details on these and other treatment devices can be obtained from the references listed below. Infiltration Basins An infiltration basin is designed to capture, hold and infiltrate a storm water runoff volume, hold this volume and infiltrate over a period of days. Infiltration basins do not retain a permanent pool of water. Infiltration basins are end-of-the-line facilities that recharge the ground water, remove pollutants, and reduce runoff volumes. A key feature of an infiltration basin is its vegetation. It is important to establish vegetation on the bottom of the basin with deep-rooted, water tolerant plants to increase the infiltration capacity of the basin. Roots create conduits for water to infiltrate. The root penetration and thatch formation of the vegetation maintains and may enhance the original infiltration capacity. Dense vegetation will also impede soil erosion and scouring of the basin floor. Infiltration basins are not appropriate for areas that contribute high concentrations of sediment, or suspended solids, without adequate pretreatment. Excessive sediment can clog the basin and take up storage volume. Pretreatment, such as grit chambers, swales with check dams, filter strips, or a sedimentation basin are an integral component of an infiltration basin. Wet Sedimentation Ponds A wet sedimentation pond, also known as a wet pond, wet pool, or retention basin, is a constructed storm water pond that retains a permanent pool of water, usually 3 to 6 feet Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 5 of 15 • deep. Wet ponds are end-of-the-line facilities that provide excellent flow attenuation, remove sediment, and other pollutants. Wet sedimentation ponds are ineffective in decreasing runoff volume since they do not infiltrate water. The primary pollutant removal mechanism in a wet pond is sedimentation. Significant loads of suspended pollutants, such as metals, nutrients, sediments, and organics can be removed by sedimentation. Dissolved contaminants are removed by a combination of processes; physical adsorption to bottom sediment and suspended fine sediments, natural chemical flocculation, bacterial decomposition, and uptake by aquatic plants and algae. Wet ponds have a moderate to high capacity for removing pollutants. Wet sedimentation ponds are comprised of the following components. The sediment forebay is an excavated settling basin or a section separated by a low weir at the head of the primary impoundment. Forebays serve to trap sediments before the runoff enters the primary pool, effectively enhancing removal rates and minimizing long term operation and maintenance problems. The primary pool is a permanent pool of water covering approximately 85 to 90% of the total pond area. The permanent pool water elevation is maintained by an outlet control structure. Outlet control structures include perforated riser pipes, weirs, inlet structures, trash racks, and/or drain pipes. The discharge pipe connects to the outlet control structure and transports the treated water downstream to the receiving surface water. Finally, aquatic plants and vegetation will stabilize earth embankment and minimize erosion of the pool perimeter. Filtration Basins Filtration basins, also known as filter systems, media infiltration, or surface sand filters consist of a pretreatment basin, a water storage reservoir, flow spreader, sand and under drain piping. Filtration basins have been demonstrated to be effective in removing many of the common pollutants found in urban storm water, especially those found in particulate form. They have also been shown to have a least moderate level of bacterial removal. They have not been effective at removing total dissolved solids, and nitrates. The two key components of the filtration basin are the pretreatment basin and the sand filter. The pretreatment basin reduces the amount of sediment that reaches the sand filter and helps ensure that storm water reaches the sand filter as sheet flow. The sand filter traps the finer sediment and sediment-bound pollutants and provides a media for microbial removal of bacteria. The sand filter is comprised of the following layers: sand, geotextile filter fabric, and perforated pipe under drain system. Some systems may further require a impermeable geomembrane liner that contain pollutants within the basin to avoid infiltration or seepage into ground water below. Filtration basins should not be used as temporary sediment traps included in construction activities. No runoff should enter the filtration basin prior to completion of the construction and stabilization completed. Similar to other permanent storm water treatment facilities, aquatic plants and vegetation will stabilize earth embankments and minimize erosion of the storage reservoir perimeter. Ditch Checks Rock check dams are generally used in concentrated-flow areas, such as vegetated ditches and swales. Permanent rock check dams are barriers that prevent erosion and Tii Gavo— Permanent Stone Water Treatment O&M Guideline Page 6 of 15 promote sedimentation by slowing flow velocities and /or to filtering concentrated flows. Rock check dams are constructed with weir-shaped top to control and direct runoff over center of the structure to minimize erosion. Check dams are intended to be relatively shallow, typically not more than 2 feet in height. Check dams spacing is directly related to the grade of the ditch or swale. The steeper the ditch slope, the closer the spacing. Likewise, flatter slopes will allow for placement at larger intervals. Check dams provide relatively good removal of coarse and medium-size sediment from runoff. However, most fine silt and clay particles will pass over or through the voids on these structures. Check dams are effective in medium-flow to heavy-flow situations. Given these performance characteristics, permanent rock check dams are used primarily for pre-treatment of the runoff before entering end-of-the-line facilities such as infiltration basins, wet ponds, and filtration trenches. Grassed Swales The grassed swale (also called a dry swale) is a type of open vegetated channel used to treat and attenuate the water quality volume of storm water runoff as well as convey excess storm water downstream. In grassed swales, the entire water quality volume of a given storm is temporarily held in a pool or series of pools created by permanent check dams or ditch blocks. This holding time serves to settle pollutants, especially sediment. While grassed swales do achieve some infiltration, runoff volume control is not the primary benefit. Grassed swales serve best as pretreatment to settle pollutants and sediment. Grassed swales may be treated as an extension to a mown lawn or be planted with native grasses and allowed to grow longer (though still mown at least annually), potentially increasing filtration/infiltration as well as habit value. Unless existing soils are highly permeable, swale bedding soils are replaced with a sand/soil mix that meets minimum permeability requirements. An under drain pipe system is also installed under the soil bed. Water treated by the soil bed is collected in the under drain pipe system and discharge to a surface water or storm sewer collection system. Rain Gardens Rain gardens are landscaped areas planted with wild flowers and other native vegetation that soak up rain water, mainly from the roof of a house or other building. The rain garden fills with a few inches of water after a storm and the water slowly filters into the ground rather than running off to a ditch or storm drain. Compared to a conventional patch of lawn, a rain gardens allows about 30% more water to soak into the ground. Rain gardens reduce storm water runoff and improve water quality by: • Increasing the amount of water that filters into the ground, which recharges local and regional aquifers; • Slowing the rate of storm water runoff, decreasing downstream flooding and drainage problems; • Helping protect streams and lakes from pollutants carried by storm water such as lawn fertilizers and pesticides, oil and other fluids that leak from cars, and other harmful substances that wash off roofs and paved areas. While rain gardens are a highly functional way to help protect water quality, they are also gardens and should be attractive part of the yard and neighborhood. The rain garden should be an integral component and compliment the home's overall landscape design. Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 7 of 15 When choosing native plants for the garden, it is important to consider the height of each plant, bloom time and color, and its overall texture. Plantings should incorporate a diverse mixture of sedges, rushes, and grasses with your flowering species (forbs). This creates necessary root competition that will allow plants to follow their normal growth patterns and not outgrow or out-compete other species. In natural areas, a diversity of plant types not only adds beauty but also create a thick underground matrix that keeps the entire plant community in balance. Control Structures Control structures are not stand alone treatment devices. They are an integral component of all of the storm water treatment facilities described within this guideline. Control structures include all structures that have been design to control storm water pool elevations and discharge flow rates. Control structures may be comprised of rock riprap spillways, riser pipes, concrete inlet structures, trash grates, weirs, and discharge piping. By design, these structures have been set to precise grades and dimensions to achieve desired performance. Relative grades between basin inlets, outlets, and ditch berms must be maintained +/- 0.1 feet. Failure to maintain grade tolerances may result in storm water treatment facility failure. Storm Sewer and Culvert Pipes Culvert pipes typically cross under roads and driveways for the purpose of conveying storm water. By definition, both ends of the pipe are open to drainage features such as ditches and basins. Storm sewer pipes convey storm water through a network connecting inlet/catch basin structures which capture surface water, typically along curb and gutter street sections. Discharge pipes from control structures can be considered storm sewer pipes. Reference Documents For more information related to rain garden design, operations, and maintenance, please refer to the following web links: http://clean-water.uwex.edu/pubs/pdf/home.rpmanual.pdf http://www.raingardens.org/Index.php The MPCA Minnesota Storm Water Manual can be viewed at the following web link: http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html The Metropolitan Council's Urban Small Sites Best Management Practice Manual can be viewed at the following web link: http://metrocouncil.org/environment/Watershed/bmp/manual.htm Refer to the Storm Water Grading and Drainage Plans bound separately. Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 8 of 15 IV) Operations The following summarizes the normal operations of the permanent storm water treatment devices included within this development. It is important to remember that the performance of any one permanent storm water treatment device will affect the performance of other treatment devices, and the system as a whole. Infiltration Basins An infiltration basin fills with water after a storm and the water slowly filters into the ground rather than running off to a ditch or storm drain. The water will soak in so the basin is dry between rainfalls. In most cases, standing water in the basin will last for approximately 12 to 48 hours after most storms. However, the standing water time should not exceed 72 hours. Normally, the infiltration basin will contain all of the storm water runoff up to a 100-year storm event until it either infiltrates or evaporates. However, the infiltration basin may overflow through an emergency spillway under conditions such as storm events equal to 100-year. It may also overflow during unusual circumstances such as back-to-back significant storm events, and/or failure to infiltrate due to clogged filter media. Wet Sedimentation Ponds Rainfall runs into the sedimentation forebay, where medium to heavy-sediments settle out of the water. The pretreated water flows over a weir into the permanent wet pool. A wet sedimentation pond fills with water after a storm and the water slowly flows out through a small diameter pipe, weir or orifice drain located within the outlet control structure. The water will drain down to the permanent pool elevation between rainfalls. In most cases, standing water in the basin will last for approximately 12 to 48 hours after most storms. Normally, the standing water time should not exceed 72 hours. Under normal operating conditions, the wet sedimentation pond will contain all of the storm water runoff up to a 100-year storm event until it is either slowly drains down to the permanent pool elevation or evaporates. The wet pond may overflow through an emergency spillway under conditions such as: storm events larger than 100-year, back- to-back significant storm events, and/or clogged outlet control structure. Wetland vegetation on the aquatic bench surrounding the wet pool perimeter will enhance removal of soluble nutrients, enhance sediment trapping, prevent sediment re- suspension, provide wildlife and waterfowl habitat, and conceal trash and debris that may accumulate near the outlet structure. Filtration Basins Filtration basins work by receiving the first flush of runoff and settling out the heavier sediment in the pretreatment basin. Water flows to and is spread over the sand filter, where pollutants are either trapped or strained out. A perforated pipe under drain system below the sand filter media collects and discharges the treated water to surface waters or storm sewer collection systems. Care should be taken during construction to minimize the risk of failure of the sand filter. Failure can be easily caused by the deposition of sediments from disturbed, un- stabilized areas and can be eliminated by proper construction sequencing. Sediment Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 9 of 15 suspended in runoff during construction could quickly clog the sand filter and render it useless. Construction of sand filters should take place after the site has been stabilized. Diversion berms should be maintained around the perimeter of the filtration basin during all phases of construction. Sediment and erosions controls should be used to keep runoff and sediment away from the filtration basin. Filtration basins will typically drain down within 24 hours after the completion of the rain event. Ditch Checks Check dams tend to pond water. Under low-flow situations, water ponds behind the structure and then seeps slowly through the rock, infiltrates, or evaporates. Under high- flow situations, water flows over and/or through the structure. Since check dams provide relatively good removal of coarse and medium-size sediment from runoff, sediment accumulations will be visible, particularly on the upstream side of the check dam, once the water drains down after the storm. During and immediately after rain storms, runoff passing over and through these structures may appear cloudy and discolored due to retained fine silt and clay sediment particles. The water should flow either through the rock, or over the center weir and down the face of the check dam. The water should not be backing up and flowing around the check dam. Grassed Swales Runoff water collects in grassed swales which temporarily ponds behind check dams or ditch blocks. The water drains down within 24 hours either by seepage through the check dam or seeping through filter bed. The swales will be dry between rainfall events. Rain Gardens Under normal operating conditions, the rain garden fills with a few inches of water after a storm and the water slowly infiltrates into the ground rather than running off to a ditch or storm drain. The rain water will soak in so the rain garden is dry between rainfalls. Standing water in the rain garden will last for a few hours after most storms. Control Structures Active operations of the flow control devices, such as weirs, riser pipes, and trash grates, will occur during rain events. Static operations of structures occur after the rain storm to maintain of pool elevations. Storm Sewer and Culvert Pipes Storm sewer and culvert pipes work during rain storms to convey water to treatment facilities and downstream surface receiving waters. Excessive ponding around inlets/catch basins and culvert aprons are an indication that the pipes may not be operating properly or the storm event is greater than the design event. Special Considerations The operations and performance of the treatment devices described in this section during early spring runoff will vary tremendously depending on frost levels and the winter snowfall. While it is not realistic to manually remove frost, the removal of snow and built- up ice on control devices, culverts and inlets will greatly facilitate resumption of normal Tii Gavo- Permanent Storm Water Treatment O&M Guideline Page 10 of 15 flow patterns. This should be done once regular spring thawing begins and temperatures remain above freezing. Also, the normal operations of almost all of these treatment devices, or components, rely on the vegetation/plant root systems providing increased infiltration and/or stabilizing topsoil. Proper plant selection and maintenance should lead to plantings in and around these storm water treatment facilities exhibiting vibrant and healthy growth. V) Maintenance The importance of regular maintenance simply can not be overstated. Regular maintenance of all of the permanent storm water treatment devices is essential to the proper operation of the particular device and the permanent storm water treatment system as a whole. The maintenance guidelines below are meant to serve as a basis for the development of an overall system maintenance program. The maintenance actions described in this section will likely need to be supplemented with further professional assistance from a qualified wetland specialist, landscape architect/contractor, or storm water system engineer to properly identify and remedy performance characteristics. Further, we anticipate that maintenance activities will be closely coordinated with the Carnelian Marine Watershed District and the City of Scandia. Infiltration Basins The use and regular maintenance of pretreatment devices will significantly minimize maintenance requirements for the downstream infiltration basin. Maintenance activities should consist of the following: • Pretreatment devices associated with basins should be inspected and cleaned at least twice a year, and ideally, every other month. • Once the basin has gone on-line, inspections should occur after every major storm for the first few months to ensure proper stabilization and function. Attention should be paid to how long water remains standing in the basin after the storm; standing water within the basin more than 72 hours after a storm indicates that the infiltration capacity may have been overestimated. Factors responsible for clogging (such as upland sediment erosion and excessive compaction of soils) should be repaired immediately. Newly established vegetation should be inspected several times to determine if any remedial actions (reseeding, irrigation, weeding, etc.) are necessary. • Following the initial monitoring, the infiltration basin should be inspected at least twice per year. Important items to check include: accumulation of sediment, erosion of the basin floor, condition of riprap, and the health of the basin vegetation. Eroded or barren spots should be replanted immediately after inspection to prevent additional erosion and accumulation of sediment. • Sediment removal within the basin should be performed when the sediment is dry enough so that it is cracked and readily separates from the basin floor. • Light equipment, which will not compact the underlying soil, should be used to remove the top layer of sediment. The remaining soil should be tilled and re- vegetated as soon as possible. • Vegetation should be maintained to control weed growth and promote the health of the plants in the basin. Weed basins once a month during the first two Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 11 of 15 growing seasons. After that, weeding two or three time each growing season should suffice. Wet Sedimentation Ponds Like other facilities, the use and regular maintenance of pretreatment devices will significantly minimize maintenance requirements for wet sedimentation ponds. Maintenance activities shall consist of the following: • Pretreatment devices associated with wet ponds should be inspected and cleaned at least twice a year, and ideally, every other month. • Periodic sediment removal from the forebay is easier and less costly than removal from the primary wet pond pool. • Once constructed, the wet pond should be inspected after several storm events to confirm drainage system functions, bank stability, and vegetation growth. Problems should be addressed immediately. • Accumulated trash and debris should be removed from the side slopes, embankment, emergency spillway, and weir trash grates as often as needed (at least twice during the growing season). • Wet ponds should be inspected at least twice per year during the growing season to ensure that they are operating as designed. Potential problems that should be checked include: subsidence of the wet pool, erosion, cracking or tree growth on the embankment; damage to the emergency spillway; sediment accumulation around the outlet control structure; and erosion with the basin and banks. Any necessary repairs should be made immediately. • Sediment should be removed from the pond as necessary, typically at least once every 5 years. The frequency of sediment removal will depend on sediment accumulation that will vary depending on the number of high-loading events. On site disposal of removed sediment is preferred. • Sediments should be tested for toxicants in compliance with current disposal requirements if land uses in the contributing watershed include commercial activities or if visible signs of pollution are present. • Mosquito control may be required. Filtration Basins Filtration basins should be protected from receiving runoff directly from disturbed construction sites. Maintenance is required for proper performance of the sand filter within the filtration basin. Key maintenance steps are as follows: • Filtration basins should be inspected after every major storm in the first few months after construction to ensure proper function. Thereafter, filtration basins should be inspected at least once every 6 months. • Maintenance of the sand filter consists of removing the top two or three inches of discolored sand and replacing it with new sand. The removed sand should be dewatered, if necessary, and then disposed. Since the removed sand/sediment mixture contains pollutants collected as a result of the treatment process, the sand should be tested to determine the pollutant composition and the material should be disposed of in an appropriate manner. • Sediment removal within the basin should be performed when the sediment is dry. This prevents disturbance of the basin floor and allows the sediment to more readily separate from the basin floor. • Silt and sediment should be removed from the surface of the filter when an accumulation of 1 inch has occurred or when drain down time increases beyond Til Gavo— Permanent Storm Water Treatment O&M Guideline Page 12 of 15 20 percent of design. Immediate maintenance is required if drain down times are more than 30 to 36 hours. • Removal of sediment, trash, and debris should be performed with rakes, if possible. If construction equipment is use, only low-ground-pressure equipment should be allowed. • Vegetation should be maintained to control weed growth and maintain the health of the plants in the basin. Weed once monthly during the first two growing seasons. After that, weeding two or three time each growing season should suffice. • Sediment, trash, and debris should also be removed from the pretreatment basin on a regular basis to ensure proper performance of the filtration system. Ditch Checks Rock check dams require periodic repair to maintain top center elevation and weir configuration. Sediment removal is required upstream of the structure. Remove any trash and debris that accumulates on the structure. Grass Swales Grassed swales must be maintained in order to function properly. Maintenance actions should include the following: • Inspect swale several times during the first few months after construction to ensure grass cover is establishing well. If not, reseed or plant an alternative species. Once established, continue to inspect semiannually for erosion problems. • At least annually, inspect the filter media for clogging and/or excess sediment. Remove sediment and correct problems. • Remove trash and debris accumulated in the swale. • Mow turf grass to a height of about four inches. If native grasses are used, mow only once a year in early spring to remove dead vegetation. Mowing the native grasses in the first year is critical in order to eliminate competition from annual weeds. With infrequent mowings, remove the clippings. • Remove sediment buildup on the bottom of the swale once it has accumulated 2 to 4 inches deep. Reseed as necessary to maintain dense vegetation. • Grass in the swales should rarely be fertilized, if at all, to avoid unnecessary export of nutrients. If an application of lime or fertilizer is deemed necessary on the basis of soils tests, it should be done only in cool spring or fall weather and only with a no phosphorus fertilizer. Rain Gardens Weeding will be needed the first couple of years. Remove by hand only those plants that are certain are weeds. Try to get out all the roots of the weedy plants. Weeds may not be a problem in the second season, depending on the variety and tenacity of weeds present. In the third year and beyond, the native grasses, sedges, rushes, and wildflowers will begin to mature and will out-compete the weeds. Weeding isolated patches might still be needed on occasions. After each growing season, the stems and seed heads can be left for winter interest, wildlife cover and bird food. Once spring arrives and new growth is 4-6 inches tall, cut all tattered plants back. If the growth is really thick, hand-cut the largest plants and the use a string trimmer to mow the planting back to a height of 6-8 inches. Dead plant material Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 13 of 15 can also be removed with a string trimmer or weed whacker and composted or disposed of as appropriate. The best way to knock back weeds and stimulate native plant growth is to burn off the dead plant material in the rain garden. Since burning is currently banned in the City of Scandia, another option is to mow the dead plant material. If the mowing deck of the lawn mower can be raised to a height of six inches or so, go ahead and simply mow your rain garden. Then rake up and compost or properly dispose of the dead plant material. If the mower deck won't raise that high, use a string trimmer or weed-eater to cut the stems at a height of 6-8 inches. On thicker stems, such as cup plant, golden rods, and some asters, a string trimmer may not be strong enough. For these, use hand clippers or pruning shears to cut the individual stems. Watering of plants may become necessary if dry conditions persist, particularly during the first year. Once mature, the deep root systems of native plant species provide for a hearty performance and the plants tolerate seasonal rainfall fluctuations. Occasional repairs to the perimeter berm may be necessary to ensure it remains level. Remove sediment accumulations as needed. Control Structures Regular maintenance of the control structures is required to ensure the proper operation of the treatment facilities. The following should be considered a minimum level of maintenance: • Inspect control structures several times during the first few months after construction to ensure proper operation. Slow drain down times, excessive backwater, regular diversion of storm water over the emergency spillways, are indicators of control structure problems. • Remove trash, debris, and accumulated sediment as frequently as necessary to ensure proper operation. • During the first 6 months of operation, inspect the control devices to ensure structural integrity, trash, debris, blockages, and erosion due to bypass flows. Thereafter, inspect after major storm events. • Check pipe inverts and weir elevations, riser heights, and trash grate elevations annually for the first two years. Thereafter, verify elevations every five years or after significant damages are observed. Repairs should be complete immediately. Storm Sewer and Culverts During the first 6 months after construction, regular inspection of the storm sewer and culvert pipes is required to ensure proper operation. Inspection should occur both during, and immediately after rain storms. Trash, debris, and sediment should be removed immediately for proper operation. Erosion adjacent to culvert aprons and inlets/catch basins should be repair and stabilized immediately. Annually, the pipes should be inspected to verify structural integrity, and verify that trash, debris, and sediment are not blocking the pipes. Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 14 of 15 Special Considerations Vegetation maintenance is a common requirement for almost all of the permanent storm water treatment devices listed in this guideline. In addition to contacting one of the professionals listed above, the following MPCA and MNDOT web links offer some supplemental information regarding plant selection and maintenance: http://www.pca.state.mn.us/publications/manuals/stormwaterplants.html http://plantselector.dot.state.mn.us/MainFrame.html Refer to the Operation & Maintenance Checklists in the Minnesota Storm Water Manual. VI) Monitoring and Documentation While regular maintenance of the storm water treatment facilities is critical for proper operations, monitoring and documentation are essential components as well. As discussed in the maintenance section, regular monitoring and inspection should be performed to identify problems and make repairs as soon as possible. Proper documentation of those observations and repairs is essential to the long-term care and performance of the permanent storm water treatment system. The performance of the permanent storm water treatment facility is affected by numerous factors, some of which are described above. The following example scenarios may lead to poor treatment facility performance: • A single large rain storm event exceeds the design capacity of the system; • Multiple back-to-back rain storms exceed the design capacity of the system; • An above average rain season that significantly raise groundwater levels; • Drought conditions that may lower ground water levels and kill vegetation; • Absent or improper temporary erosion prevention and sediment controls during construction of the homes pollutes facilities; • Long-term use of fertilizers, de-icing chemicals, or road salt pollutes facilities. Documentation of the dates and precipitation (inches) of rain storm events can be useful in troubleshooting storm water treatment performance. Likewise, the date and depth of snow events may provide insight. A record of all construction repairs and maintenance activities will also be useful. Rainfall data can be collected by the use of an on-site rain gauge, or precipitation records from the nearest NOAA weather stations, often local airports. We recommend maintaining an operations & maintenance log for each individual permanent storm water treatment facility, including an overall site weather log. These documents should be kept up-to-date and stored with other homeowner's associations records in a location that is readily available for review by storm water designer, contractors, or regulating agencies. Refer to the Monitoring Report Forms in the Minnesota Storm Water Manual. Tii Gavo— Permanent Storm Water Treatment O&M Guideline Page 15 of 15 Meeting Date: 6/5/2007 Agenda Item: 6 , 6) 3) City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Approve the Wetland Conservation Act application to fill 410 sq. ft. of wetland and replace impacts on-site as submitted on March 19, 2007, for Tii Gavo, an Open Space Conservation Subdivision. Deadline/ Timeline: Extension of 60-day review period expires July 25, 2007. Background: • Jyneen Thatcher of the Washington Conservation District has prepared the findings and recommendations for the wetland permit for Tii Gavo (attached.) • The project proposes to fill 0.01 acres (410 square feet) of two Type 2 wetlands. Mitigation is proposed by restoring natural hydrology and vegetation in one of the impacted basins. The mitigation exceeds the WCA or watershed requirements and will result in 0.29 acres of new wetland credit. Additional buffer area will also be restored. • Ms. Thatcher's March 29 report recommended approval of the WCA replacement plan, with a condition that no contrary concerns were raised by the Technical Evaluation Panel (TEP) during the mandatory comment period, which expired April 11, 2007. That concern has been satisfied as no concerns were raised by the TEP. Recommendation: I recommend that the Council approve the wetland permit application. Attachments/ • Findings and Recommendations (dated March 29, 2007) Materials provided: Contact(s): Jyneen Thatcher, Wetland Specialist Washington Conservation District 651 275-1136 (x 25) Prepared by: Anne Hurlburt, Administrator (wetland permit for tii gavo) Page 1 of 1 06/01/07 Wetland Conservation Act Findings and Recommendation Project: Tii Gavo Location: Section 28, Scandia(T32N R20W) Date of review: March 29,2007 Findings: This project proposes to fill 0.01 acres(410 square feet)of two Type 2 wetlands. The impact is limited to the fringe areas which have reed canarygrass as the predominant vegetation. These wetlands are under the jurisdiction of the Wetland Conservation Act and Carnelian-Marine Watershed District rules. Corps of Engineers has deemed this impact to be not under their jurisdiction. The wetlands were delineated in the field in October and November of 2005, and reviewed by the Washington Conservation District (WCD) in February 2006. Site review revealed many high quality wetlands and other native plant communities, as well as some moderately degraded systems on the entire project site. The wetland areas proposed for impact have signs of degradation resulting from previous land use. The wetland impacts being proposed result from access road construction. Alternative designs would impact higher quality wetlands or other plant communities. Much of the site will be protected under permanent conservation easement, actively managed to restore the native plant communities. Mitigation is proposed by restoring the natural hydrology and vegetation in Wetland B, one of the impacted basins. Hydrology will be restored by raising a previously lowered outlet by 1.7 ft through the use of an outlet structure on the culvert below the road. This action is eligible for replacement credit per WCA (MR 8420-0541 Subp. 3). The application anticipates 1.2 acres of wetland to be restored. Replacement credit is limited to 25% of area hydrologically restored, resulting in 0.29 acres of new wetland credit. Additional adjacent area is being vegetatively restored and managed, qualifying for upland buffer credit(8420-0541 Subp 6). Recommendation: This proposal appears to have minimized the unavoidable wetland impacts, by selecting the least damaging of alternative routes. Mitigation is proposed following the priority methods noted in the WCA, specifically restoration, and meeting the listed performance standards. Mitigation is proposed at a ratio substantially higher than the requirements of WCA or the CMWD. The proposed wetland mitigation ratio and wetland buffer protection appears to meet or exceed the requirements of the draft CMWD wetland management plan. Therefore, approval of this WCA wetland replacement plan is recommended, with a condition that no contrary concerns are raised by the Technical Evaluation Panel during the mandatory comment period, which will expire on April 11, 2007. Any such concerns must be addressed prior to the wetland impact. Findings and Recommendation prepared by: (APsi‘- een Thatcher, Wetland Specialist Washington Conservation District, on behalf of Scandia Meeting Date: 6/5/2007 Agenda Item: ,j6.) (a/ Planning Commission/City Council Agenda Report City of Scandia 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Review the latest draft of the mining ordinance. Deadline/ Timeline: N/A Background: • The Planning Commission and City Council discussed the draft mining ordinance at the February 6, April 3 and May 1 meetings. A work session was held on April 19 to review the draft with the mining operators and affected citizens. • TKDA has prepared a revised draft of the ordinance. Changes are indicated by cross-outs and underlines. Dick Thompson will be present at the June 5 meeting to review the changes • A copy of the revised ordinance and notice of the meeting have been provided to the operators of the existing sand and gravel mines. Recommendation: The Commission and Council should review the revised draft and give direction for any changes. The next step would be to schedule a public hearing, which could be held at the July 10, 2007 meeting. Attachments/ • Draft Ordinance dated May 22, 2007 Materials provided: Contact(s): Richard Thompson, TKDA 651 292-4474 Prepared by: Anne Hurlburt, Administrator (mining ordinance) Page 1 of 1 05/30/07 3 2023 074 23 075-22-07 CITY OF SCANDIA DEVELOPMENT CODE MINI G ORDIN N ECHAPTER 4 MINING REGULATIONS Table of Contents SECTION 1. INTENT AND PURPOSE 1 SECTION 2. APPLICATION OF CHAPTER 2 SECTION 3. GENERAL PROVISIONS 2 SECTION 4. DEFINITIONS 3 SECTION S. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5 SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(ACV) 8 SECTION 7. OPERATING CONDITION 9 SECTION 8. RECLAMATION 1 7 SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 19 SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 2-021 SECTION 11. TERMINATION OF PERMIT 21 SECTION 12. EFFECTUATION 2-1-22 SECTION 13 REPEALER 2222 3 2023 074 23 075-22-07 ORDINANCE No. MINING Gravel and other mineral deposits are a valuable resource, available in generous quantities in the City of Scandia. This Chapter was developed to establish conditions whereby these mineral deposits, primarily gravel, will be made available for general use. This Chapter also provides guidelines protecting natural resources and adjacent areas from adverse impacts and for restoring the land to a usable, attractive condition after the mining operation is finished. Owner/operators of gravel pits must comply with Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and Minnesota Health Department regulations when any groundwater(aquifer supply) is used or affected in the mining process. Asphalt operations or concrete plants, either portable or permanent, and any new operations or existing operations that are substantially expanding or changing must have a Conditional Use Permit from the City of Scandia. This mining regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 394. SECTION 1. INTENT AND PURPOSE 1.1 Purpose. This Chapter is adopted for the purposes of: (1.) Providing for the health, welfare, and safety of the community by regulating the removal of sand, rock, soil, and other natural deposits in the City of Scandia. (2) Providing for the economic availability and removal of sand, gravel, rock, soil, and other materials vital to the economic well-being of the region. (3) Establishing regulations, safeguards and controls regarding noise, dust, odors, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property. (4) Establishing regulations,policies and processes to protect the quality and quantity of groundwater in Scandia and its environsment. (45) Reducing the potential for pollution caused by wind, soil erosion and sedimentation. ( 6) Establishing locations, orderly approval processes and operating conditions under which mining operations will be allowed and establishing conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns. City of Scandia,Minnesota Page 1 Development Code 3 2023 071- 23 075-22-07 (7) (6) Ensuring compliance with the regulations established in this ordinance on those mining operations presently operating in Scandia. (8) Meeting the goals and policies of the Scandia Comprehensive Plan. SECTION 2. APPLICATION OF CHAPTER 2.1 Application. (1) This Chapter applies to land uses all lands within the City of Scandia. Where this Chapter imposes a greater restriction upon the land than is imposed or required by other existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control. SECTION 3. GENERAL PROVISIONS b issued by Washington County, the Town-e NeEN jai co p ce wit e terms and conditions of said Conditional Use Permit(s), shall be permitted to continue subject to the following: (1) Such uses shall not be permitted to expand, either in size or use, beyond the limits set f,-th i t C_ d it ' " e Permit without first obtaining a new Conditional Use Permit. 3.2-1 A Conditional Use Permit (CUP) and an Annual Operators Permit (AOP) are required for all mining operations and are subject to the following: (1) The operation of a mining operation without a valid Conditional Use Permit (CUP) or an Annual Operators Permit (AOP) in violation of Section 3.2 (2))is declared to be a nuisance, and it shall be unlawful for any person,partnership, company or corporation to engage in mining in violation of this section, or for any property owner to permit mining of a person to mine the property owner's property in violation of this section. (2) Existing operators must apply for holding a Conditional Use Permit from the City 90 days before expiration of their CUP from Washington County may operate under the terms and conditions of the Washington County CUP until its expiration date or until 90 days after this Chapter is adopted, whichever occurs later.--The terms and con issues a new CUP. If no permit is applied for and/or subsequently issued, all mining operations shall cease and the property restored in accordance with the provisions of the approved reclamation plan. City of Scandia,Minnesota Page 2 Development Code 3 2023 074 23 075-22-07 (3) For new mining operations, the Applicant must apply for a Conditional Use Permit based pursuant toon Section 5 of this Chapter. In cases where a mandatory or discretionary EAW is required, or an EIS is required,those documents shall be prepared and accepted by the City before application for a CUP. (4) In order for the City to grant a Conditional Use Permit for a new mining operation or the expansion or change in use of an existing operation, all of the following criteria must be met: (A) The property is at least 40 contiguous acres in size., or with leashold interest.: (B) The standards for approval of a conditional use permit as contained in Chapter One, Section 7, of the Scandia Development Code are met; (C) The operation is consistent with the Scandia Comprehensive Plan; and (D) All provisions of this Chapter are met. (5) The standards which apply to these permits may be varied by the City according to the structure and size of the operation, and to factors presented by the mine operator and other interested parties.- (6) Prior to the issuance of the Annual Operators Permit, an annual report and application shall be submitted to the Zoning AdministratorCity for determination if the operation complies with the requirements of this Chapter. The Zoning AdministratorCity will then make an inspection and deliver an inspection report to the operator. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. 3.4 Fees and Escrows: (to be addressed) 3.5 Revocation. (1) A violation of any condition set forth in the Conditional Use Permit shall be a violation of the Scandia Development Code. If within thirty(30) days of written tice 4- "m t' g d atrato �j t' ' t has not been corrected. 11V 11\-� 11 Vlll 411LT the City may pursue revocation of Conditional Use Permit per Chapter 1. Section 7.8 of the Development Code. SECTION 4. DEFINITIONS 4.1 For the purpose of these regulations, certain terms and words are hereby defined as follows: (other terms are defined in the Zoning and Subdivision Chapters) City of Scandia,Minnesota Page 3 Development Code 3 2023 074 23 075-22-07 (1) Bond. Any form of security including a cash deposit, surety bond, collateral, or instrument of credit in an amount and form satisfactory to the City of Scandia. All bonds shall be approved by the City of Scandia wherever a bond is required by these regulations. (2) Confined Aquifer. An aquifer that is overlain and underlain by relatively impermeable layers or beds of rock or unconsolidated material (clay/silt) and contains water under pressure. (3) Grading. The removal, depositing, or moving of more than 50 cubic yards of sand, gravel, rock, soil, clay or other deposits in less than a one(1) year period on any parcel. (4) Groundwater. Water contained below the arth's ground surface in the saturated zone. (5) Holiday. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (6) Mining. The excavation, removal, storage or processing of sand, gravel, rock, soil, clay, or other deposits. Mining shall not include the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material for the following purposes: (A) Excavation for the foundation, cellar, or basement of some pending structure for which a permit has been issued and which is to be erected immediately following the excavation,removal or storage. (B) On-site construction of approved roads, sewer lines, storm sewers, water mains, surface water drainage approved by the local unit of government, agriculture or conservation purposes, sod removal, or other public utilities. (C) Landscaping purposes on a lot used or to be used as a building site. (D) Grading/excavation of less than 1 acre of land in conjunction with improvement of a site for lot development, providing activities will be completed in one year. (67) Mining Season. The period, not to exceed one year, contained within any calendar year. City of Scandia,Minnesota Page 4 Development Code 3 2023 074 23 075-22-07 (78) Operator. The-A person, partnership, company, corporation or other business entity engaged in or proposing to engage inconduct a mining operation. In the event the operator is not the fee owner of the land to be mined, then the fee owner's consent shall be required for the Conditional Use Permit (CUP)..- ($9) Organic Soil. Soil that sustains and facilitates healthy plant growth. (910) Overburden. Those materials which lie between above}' s •+ e +the t a the-the mineral deposit to be mined. (1011) Processing. Any activity which may include the crushing, washing, stockpiling, compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products into consumable products such as construction grade sand, gravel, concrete, asphalt, and other similar products. (4412) Reclamation, Restoration, Rehabilitation. To renew land to a self-sustaining, long term use which is compatible with contiguous land uses and which process shall include the reestablishment of vegetation, soil stability and establishment of safe conditions appropriate to the intended use of the land in accordance with the City's Comprehensive Plan and the Conditional Use Permit conditions allowing for excavation and/or processing on the site. (1213) Stockpiling. Storage of processed or raw materials on the site of the sand, gravel or rock operation. (-1 14) Topsoil. That portion of the overburden which lies within the "A" and "B" horizon of soil closest to the surface and which supports the growth of vegetation. (4-415) Unconfined Aquifer. An aquifer that is not naturally protected by an overlying confining bed or layer and the water level is at atmospheric pressure. City of Scandia,Minnesota Page 5 Development Code 3 2023 074 23 075-22-07 SECTION 5. APPLICATION FOR A CONDITIONAL USE PERMIT(CUP) 5.1 The application for a Conditional Use Permit for a mining operation must be filed with the City Zoning Administrator. The Zoning AdministratorCity shall follow procedures prescribed in Chapter One, Section 7, Conditional Uses, of the City Development Code. expiration of the previous permit. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined. 5.2 The application shall contain the following: (1) The name and address of the operator and owner of the land. (2) An accurate legal description of the property where the mining shall occur. (3) Names of the adjacent landowners including all those within a one-half(1/2)mile radius of the propertyof the perimeter of the property being or to be mined.minc owner's property. (4) A narrative outlining the type of material to be excavated, mode of operation, estimate of amount of material to be removed, plans for blasting, estimated time to complete the removal, and other pertinent information to explain the request in detail. (5) All fees and escrow amounts as established by resolution Ordinance of the City Council. (6) Survey indicating property boundaries. (7) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation with operating setbacks described in Section 7, topographic data, including contours at 2 foot vertical intervals. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Interpolated contour data from U.S.G.S. Quadrangle maps is not permitted. (8) A general location map and aerial photo showing the proposed mining site in relation to the community. (9) Maps and Plans showing the following for the site and within 300 feet of the siteperimeter of the mine.: City of Scandia, Minnesota Page 6 Development Code 3 2023 074 23 075-22-07 (A) Roads or streets showing all access routes between the property and the nearest arterial road, identifying name, right-of-way width and traveled portion width. (B) Easements Plan with widths and purpose. (C) Natural land features showing locations of watercourses and drainageways, flood elevation, wetlands, sinks, basins, and wooded areas. (D) Natural Resources including other surface water, groundwater depth, flora, fauna, and any other natural features in the rural environment. (E) Man-made features such as buildings and other structures, dams, dikes, and impoundments of water. (F) Adjacent land features with all of the requirements included above within 300 feet of the perimeter of the mined areamine, and all platted subdivision lots, metes and bounds parcels, and homes within 1/4 mile of the property boundaries. Wells should include private/agriculture, industrial, municipal wells within a 1/2 mile radius of the mine. (G) A minimum of 1 cross-section for every 4-0-a 01000 feet running north/south and east/west, showing the extent of overburden, extent of sand and gravel deposits, the groundwater level (even if they are below the base of the proposed mine floor), and any evidence of the groundwater level in the past. Additional cross sections may be required at the discretion of the City. (H) All processing areas shall be identified and boundaries shown to scale. (I) All access roads to processing and mining areas shown to scale. (J) Sequences of operation showing approximate areas involved shown to scale and serially numbered with a description of each. (K) Location of screening berms shown to scale, and notes provided indicating when they will be used as reclamation material. In the same manner overburden storage areas shall be identified and noted. (L) Fences and gates shall be shown on the site map, and their type or construction shall be described and illustrated. (M) Proposed location of principal service or processing buildings or enclosures shall be shown, as well as location of settling basins and process water ponds. City of Scandia,Minnesota Page 7 Development Code 3 2023 074 23 075-22-07 (N) Existing site drainage features shall be shown and flow directions indicated. A plan for handling surface drainage during operation shall be developed. (0) A plan for groundwater quality protection shall be submitted with the application. The plan shall include a minimum of 3 borings showing depth to groundwater. If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit floor, the applicant need not extend borings any further. If groundwater is encountered at a depth 15 feet or less below the bottom of the quarrysite floor, the three borings should be completed as monitoring wells. The City reserves the right to require additional borings if necessary. (P) A plan for lighting of the area and any other equipment or structures that will be installed or bui4t,shall be sho If the proposed mining operation will appropriate ground water for use in mining operations, the operator shall install not less than one monitoring well down-gradient of the mining operation. If the proposed mining operation will include mining into the water table but no dewatering, two monitoring wells shall be installed down-gradient of the mine. If the proposed mining operation includes dewatering, three monitoring wells shall be installed down- gradient of the mine in locations agreed upon by the operator and the City's engineer. (Q) Reclamation plan in conformance with Section 8 shall be provided.A plan for lighting of the area and any other equipment or structures that will be installed or built, shall be shown on a plan. (R) If blasting is proposed as part of the mining operation, the operator must indicate frequency, timing, size, duration and develop a blasting pl-an.Reclamation plan in conformance with Section 8 shall be provided. (S) A ,lam t; „4 t; luding+r �� N, b �No a �� , 'ciuvxii� 1 g> provided.If blasting is proposed as part of the mining operation, the operator must indicated frequency, timing, size, duration and develop a blasting plan. (T) Any other information or.,reports, or studiess the City deems necessary for purposes of evaluating environmental or aesthetic impacts shall be provided.A description of any processing operations including, washing, crushing,bituminous plants and concrete ready mix plants shall be provided. (U) Any other information, reports, or studies the City deems necessary for purposes of evaluating environmental or aesthetic impacts shall be provided. City of Scandia,Minnesota Page 8 Development Code 3 2023 074 23 075-22-07 5.3 A mandatory Environmental Assessment Worksheet shall be required for development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level. The City will be the responsible governmental unit for the preparation of the Environmental Assessment Worksheet. (Chapter M.S. 4410.4300 Subpart 12.) The City may require an Environmental Assessment Worksheet if available evidence indicates that the proposed operation may have the potential for significant environmental effects. 5.4 A mandatory Environmental Impact Statement shall be required for the development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals, which will excavate 160 acres of land or more to a mean depth of 10 feet or more during its existence. The City of Scandia will be the responsible governmental unit for the preparation of the Environmental Impact Statement. (Chapter M.S. 4410.4400 Subpart 9.) 5.5 Protection of Groundwater. The maximum depth of excavation shall be established so that groundwater quality is protected. This depth of excavation shall be established by the City and will be based, in part, upon soil characteristics, depth to groundwater, nature of mining proposed, and local use of the aquifer. Mining shall be allowed in confined aquifers only if it is demonstrated that no wells are using the aquifier for domestic or agricultural use or if the mine operator agrees to replace the well for those affected. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the permit. If it is determined in the course of mining that the mining operation has negatively impacted a well by lowering yields or water quality, the operator of the mine shall be responsible for providing a new well for the property. No extraction operations shall be conducted in such a manner as to negatively impact or lower the water table of surrounding inhabited properties or any other water body or groundwater dependent natural resources.- 5.6 All provisions of the Minnesota Environmental Quality Board Environmental Review Program must be complied with. 5.7 Permits from the Minnesota Pollution Control Agency will be required for a mining operation in relation to air, noise, and water quality. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water(from pit de-watering and/or gravel washing), a State Disposal System permit or a National Pollution Discharge Elimination permit may be necessary from the Minnesota Pollution Control Agency. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.8 Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed in public waters or if there is a need for de-watering City of Scandia,Minnesota Page 9 Development Code 3 2023 071 23 075-22-07 the pit to gain access to sand, gravel and rock. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this Chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary. 5.9 A surface water protection plan to address on-going monitoring; accident response and remediation shall be required. 5.10 Any mining operation having access from a State,or-County, or local highway or street must obtain an access permit from the respective agency or the City. A turn lane and/or bypass lane may be required by the respective agency or the City to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane shall be the sole expense of the operator. 5.11 Abandoned wells must be sealed in accordance with State and County requirements. SECTION 6. APPLICATION FOR AN ANNUAL OPERATORS PERMIT(AOP) 6.1 The application for an Annual Operators Permit (AOP) for a mining operation must be filed with the City Zoning Administrator. The application must be made in the name(s) of the operator of the mine and must be filed by January 31st of each year.. and owner of the land to be mined. 6.2 The application shall contain the following: (1) The operator shall submit an Annual Report that summarizes the operating conditions regulated by Section 7. The Annual Report shall summarize the annual activity for the amount of material mined, area reclaimed and type of reclamation, average number of trucks hauling material to and from the site per day for the season,, ,,ber „f t- , , any changes made to the site, and other conditions specific to the Conditional Use Permit. (2) The AOP Application shall identify how the operating conditions for the coming year will vary from the previous year, if any variation is expected. The AOP Application shall include a site plan and aerial photos that show the active mining area and the location of existing and planned stockpiles for the coming year. The AOP Application shall describe any reclamation to occur and describe the operating conditions planned for the coming year. (3) The Zoning AdministratorCity shall inspect the site annually when the Annual Report is submittedduring normal operating times.- The inspection shall determine if the operation complies with the Conditional Use Permit. If the operator's application conforms to the requirements of this Chapter, and the inspection report indicates compliance with the terms of the CUP and AOP, the Annual Operators Permit may be issued. City of Scandia, Minnesota Page 10 Development Code 3 2023 074 23 075-22-07 SECTION 7. OPERATING CONDITIONS 7.1 Operating Conditions. The following operating conditions and standards must be met for all mining operations. (1) Setbacks. No mining, stockpiling or land disturbance shall take place within: (A) 50 feet of adjoining property lines; (B) 200 feet of any existing occupied structures not owned by the operator or owner; (C) 100 feet of any contiguous property subdivided into residential lots of 5-10 acres or less (D) 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this Chapter may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within one mining season as set forth in the approved reclamation plans, and; (E) If two or more mining operations are contiguous to one another, the common boundary may be mined if the City approves the respective restoration plans. (2) Fencing. Where deemed necessary by the City for the protection of the general public, a fence shall be constructed prior to the commencement of the operation enclosing the area authorized by the permit to be mined. Where fencing is required by the City, said fence shall be, at a minimum, a three strand wire fence and the fence shall be posted with warning signs. The City of Scandia reserves the right to require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete. (3) Hours of Operation. Those portions of the mining operation consisting of excavating, stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 75:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the City3 Mining operations shall not take place on holidays. Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is not permitted on Holidays. In cases of public emergencies, such as road washouts or blockages caused by flooding, adverse weather or other conditions, hours of operation may be extended with the consent of the City Administrator, or in the absence of the City Administrator, the Mayor. City of Scandia,Minnesota Page 11 Development Code 3 2023 074 23 075-22-07 In cases of time constraints on completion of road construction before the end of the construction season caused by adverse weather conditions and in the cases of major road or highway construction projects which cause substantial inconvenience to the traveling public, hours of operation may be extended with the consent of the City AdministratorMayor or Deputy Mayor, or in the absence of the Cit.. ^dministratorMayor or Deputy Mayor, the Ma r-Deputy M-ayorCity Administrator..or in the absence of the City Administrator, the Mayor. Application for extended hours shall be made at least two (2)days prior to the day or days on which extended hours are requested. The applicant shall furnish such information or documentation as may reasonably be requested to support the application. If extended hours are permitted, operations shall be strictly limited to those hours for which permission is granted. (4) Screening. Where deemed necessary by the City, extracting and processing operations shall be screened or located in such a manner as to minimize their visual impact on surrounding properties. To minimize their visual impact on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated. The following shall serve as the minimum performance standards for screening and may be varied as determined by the City: (A) The screen shall have a total height of not less than six feet and shall consist of one or more of the following types: (1) Walls. A wall shall consist of concrete, stone,brick, tile, or similar type of solid masonry material a minimum of four inches thick. (2) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood and shall form a continuous screen. (4) Fences, Open. An open weave or mesh-type fence,when not used in combination with a berm, shall be combined with plant materials to form a continuous screen. (5) Planting. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant materials combined with deciduous plants provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. The Screening City of Scandia,Minnesota Page 12 Development Code 3- 2023 074 23 075-22-07 Plan shall be prepared by a licensed landscape contractor or a landscape architect. Required screening shall be installed prior to commencement of operations. The City may require that either(1), (2), or(3) above shall be installed if, 24 months after commencement of operations in the area to be screened, plant materials have not formed an opaque screen, or if an opaque screen is not maintained. (B) Required screening shall be setback at least 20 feet from the point of intersection of: (1) A vehicular accessway or driveway and a street; (2) A vehicular accessway or driveway and a sidewalk or trail, and (3) Two or more vehicular accessways, driveways, or streets. (5) Dust Control. The owner must construct,maintain and operate all equipment in such a manner as to minimize on-site and off-site dust conditions. All operations shall meet the standards of the Minnesota Pollution Control Agency. The driveway access to the sand and gravel operation must be setback at least 25 feet from neighboring property lines. The owner, as part of the Conditional Use Permit, must prepare a dust control plan. The operator shall maintain all ways and roads within the site to minimize dust conditions by providing such surfacing or other treatment as may be deemed necessary by the City. The treatment shall produce no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless, non-oiled surface not less than twenty-two (22) feet wide from the connection to a public road to a point within one hundred (100) feet of the loading area. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. The City may require a blacktopped road if deemed necessary. (6) Noise. All equipment and other sources of noise must operate so as to be in accordance with Federal, State and City noise standards. A noise mitigation plan shall be prepared by the mine operator and provided to the City. (7) Depth of Excavation. The maximum depth of excavation may be regulated based on groundwater protection and/or the ability to restore the property. (8) Site Clearance. All stumps and other debris resulting from the excavation or related activities shall be disposed of by approved methods. (9) Appearance/Condition. The operator must maintain buildings, processing plants and equipment in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the City of Scandia, Minnesota Page 13 Development Code 3 2023 074 23 -075-22-07 landscaped area. Existing trees and topsoil along existing public rights-of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the Conditional Use Permit. (10) Sanitary Facilities. Sanitary facilities through an approved septic system or portable facilities shall be provided. (11) Waste Disposal. Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with Federal, State and City requirements. (12) Water Quality Monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until one year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the granting of an Annual Operators Permit (AOP). More frequent monitoring and sampling may be required by the City. Sampling and testing shall be done by an independent testing laboratory or an agency chosen by the City. Monitoring wells shall be sealed one year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples may be requiredshalI to be analyzed to determine the level of petroleum products, hydrocarbons, and other contaminates directly related to the mining operatio • , herbicidees, and other contaminates. (13) Fuel Storage. Any mining operation must meet Federal, State and City requirements for storage of fuels. The mining operator must prepare a Pollution Prevention Plan and submit it to the City. (14) Contingency Response Plan. The operator shall prepare a Contingency Response Plan (CRP) and employee training to facilitate immediate and remedial response should any accident, release of containment, or other spills occur. The CRP must be on file with the City and its fire department. (15) Added Provisions. The operator must comply with such other requirements that the City, from time to time, may find necessary to adopt for protection of the health, safety, welfare and prevention of nuisance in the area. (16) Processing. Any mining operation in which processing is proposed must meet the following performance standards: (A) A Conditional Use Permit or an amendment to an existing Conditional Use Permit is required for any new or existing mining operation which desires to add processing equipment on-site, except as provided in (C) below. City of Scandia, Minnesota Page 14 Development Code 3 2023 074 23 075-22-07 (B) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. (C) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than fifteen (15) working days a calendar year, excluding time for assembly and disassembly) shall apply for a Certificate of Compliance and meet the following criteria: (1) Only materials removed on site are allowed to be processed except recycled material and add rock materials. . No materials may be hauled onto the property for processing, unless all material can be processed during the fifteen (15) day time period. No more than 50% of the material shall be recycled material or add rock. (2) Setbacks as outlined in Section 7.1 (1) must be met. (3) All Federal, State and City air, water and noise standards must be met. (4) Processing shall not take place more than fifteen (15) working days per year. (5) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (D) Operators desiring to have permanent processing equipment (more than fifteen {15} days per year) on site must meet the following standards: (1) All Federal, State and City air and water quality, and noise standards must be met. (2) Processing equipment must be screened from view from property lines and the road. (3) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact. (4) Setback requirements as set forth in Section 7.1 (1) of this Chapter must be met. City of Scandia,Minnesota Page 15 Development Code 3 2023 074 23 075-22-07 (E) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or in proximity to the subject road, will be allowed subject to the following conditions: (I) All Federal, State and City air, water and noise quality standards must be met. (2) A Certificate of Compliance must be obtained from the City Zoning Administrator. (3) The processing equipment must be located so as to minimize its effect on surrounding property owners. (4) The processing plant shall not be on the property for more than 120 calendar days. (5) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (6) A bond or other financial guarantee, in an amount determined by the o ^ -City, must be posted to assure restoration of the site. (17) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions: (A) Recycling in conjunction with a specific road project and within the right- of-way or proximity to the subject road, shall be permitted for a maximum of 120 days subject to obtaining a Certificate of Compliance and to the following standards: (1) The processing equipment must be located so as to minimize the effect on surrounding property owners. (2) Site selection shall be made as to minimize the effect on the public health, safety and welfare. (3) All Federal, State and City air, water and noise quality standards must be met. (B) Recycling in conjunction with an approved mining permit shall be allowed as part of an original or amended Conditional Use Permit subject to the following conditions: (1) Standards contained in Section 7.1 (14) must be met. City of Scandia,Minnesota Page 16 Development Code 3 2023 074 23 075-22-07 (2) An estimate of the amount of material to be processed must be submitted. The pile of material to be recycled shall be limited to the amount that can reasonably be processed in two consecutive mining seasons. (18) Trucking Operations. All new mining operations must have access to the pit area from a nine(9) ton blacktop or concrete road. The operator shall ensure all loads leaving any pit regulated by this Chapter are loaded so as to comply with state law. Trucks shall clean any loose material from the truck before leaving the operation. (19) Asphalt Plants and Concrete Ready Mix Plants. A Conditional Use Permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. Temporary asphalt plants and concrete ready mix plants may be allowed if the following conditions are met: (A) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards. (1) Asphalt plants and concrete ready mix plants must not be on the property for more than fifteen (15) days per year. (2) All setbacks as set forth in Section 7.1 (1) of this Chapter must be met. (3) All Federal, State and City air, water, noise and odor quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be located in such a manner as to have the least environmental and aesthetic impact. (B) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year)must meet the following standards: (1) Asphalt operations and concrete ready mix plants established after the effective date of this Chapter must be located on permitted mining sites encompassing at least 40 acres and maintain a setback of 1,000 feet. (2) All setbacks as set forth in Section 7.1 (1) of this Chapter must be met unless the operation was in existence as a permanent asphalt plant on the effective date of this Chapter; in which case, it cannot expand unless it complies with the setbacks set forth in Section 7.1 (1) City of Scandia, Minnesota Page 17 Development Code 3 2023 074 23 075-22-07 (3) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (4) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact. (C) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions: (1) All Federal, State and City air, water and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency. (2) A Certificate of Compliance must be obtained from the City. (3) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact. (4) Site selection shall be made as to minimize the effect on the public health, safety, and welfare. (5) The asphalt plant shall not be on the property for more than one hundred twenty(120) days. (6) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining. (7) A bond or other financial guarantee, in an amount determined by the Zoning AdministratorCity, must be posted to assure restoration of the site. SECTION 8. RECLAMATION 8.1 The applicant must submit a reclamation plan consisting of graphic representation as required in Section 5 along with the written text. The plan must contain the following elements: (1) Intent of reclamation. (2) Methods and processes of reclamation. (3) Initial condition of mining site. City of Scandia,Minnesota Page 18 Development Code 3 2023 074 23 075-22-07 (4) Limits of various operational areas. (5) Phasing and timing of operations and reclamation including areas to be stripped of overburden. (6) Final condition of site, including proposed contours and landscaping. (7) Relation of final site condition to adjoining land forms and drainage features within 1/4 mile. (8) Relation of reclaimed site to planned or established uses of surrounding land. (9) A plan for maintenance of reclaimed area. (10) A detailed cost estimate of reclamation and maintenance. 8.2 Timing. Restoration shall proceed in a continuous manner and will be subject to review and approval at each annual inspection and at the end of the permit period. 8.3 Excavations resulting in the accumulation of substantial water areas after reclamation must meet the following requirements: (1) The water depth must not be less than three (3) feet measured from the low water mark, unless a plan for creation of a wetland or marsh has been approved. (2) All banks shall be sloped to the water line at a slope which shall not be steeper than four(4) feet horizontal to one(1) foot vertical. (3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least four(4) inches. Sodding or seeding and mulching are also required. Mulch must be properly anchored. (4) Such topsoil as required by Subsection three(3) above shall be planted with trees, shrubs, legumes or grasses; (5) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one (1) foot vertical, except in cases where non-erodible conditions are present and the City approves the reclamation plan. (6) In man-made groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body with a maximum slope of 6 feet horizontal to 1 foot vertical for at least 100 feet from the proposed shoreline toward the center of the water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may be no steeper than 3 feet horizontal to 1 foot vertical. City of Scandia,Minnesota Page 19 Development Code 3 2023 074 23 075-22-07 (7) All groundwater lakes or wetlands created as part of the end use plan for a mined area shall be subject to the City's Shoreland Management Ordinance. Department of Natural Resources guidelines for surface water creation shall be closely followed. All watershed permits shall be obtained. 8.4 Excavations not resulting in water areas after rehabilitation but which must be graded or backfilled, shall meet the following requirements: (I) Fill shall be inspected and certified as being clean (free of volatile organic compounds and heavy metals)before being used for reclamation. Organic soil shall be used only for topsoil. (2) Such grading or back-filling shall be made with non-noxious, nonflammable, noncombustible solids; (3) The graded or backfilled area shall not collect or permit stagnant water to remain therein; (4) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area surrounding and which will minimize erosion due to rainfall; (5) Such graded or backfilled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth at least four(4) inches; (6) Such topsoil as required by 7.4 (5) above shall be planted with trees, shrubs, legumes or grasses. (7) Slopes on reclaimed areas shall not be steeper than four(4) feet horizontal to one (1) foot vertical, except in cases where non-erodible conditions are present and the City approves the reclamation plan. (8) All rehabilitation areas which are planned for building purposes shall have a final elevation at least 10 feet above the normal ordinary groundwater level. Plans for on-site septic systems must be considered. If area is backfilled for purposes of future development, the soil must be compacted, and subsequently tested by a registered soils engineer and approved. 8.5 Drainage. Reclamation shall proceed in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural and storm drainage shall not adversely affect public roads or neighboring uses. 8.6 Cover and Planting. The reclamation area shall be planted with grass, trees, shrubs, crops, or other vegetation to prevent erosion and provide for screening and natural beauty. City of Scandia,Minnesota Page 20 Development Code 3 2023 074 23 075-22-07 Technical assistance and soils data should be obtained from the appropriate county and state officials, conservation districts, and the nearest soil conservation service office. 8.7 Topsoil. When topsoil is stripped or removed, it must be set aside on the site for re- spreading over the excavated area. These overburden stockpiles must be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses and shall not be sold or removed from the property. 8.8 Removal of Structures. Within a period of six (6)months after the termination of a mining operation, or within six (6)months after abandonment of such operation for a period of six (6) months, or within six (6) months after expiration of a sand and gravel permit, all buildings and other structures not otherwise allowed under the Zoning Ordinance must be removed from the property and the property restored in conformance with the reclamation plan. SECTION 9. INSURANCE, FINANCIAL GUARANTEES AND FEES 9.1 Insurance. The operator shall provide proof of bodily injury, property damage, and public liability insurance in the amount of$1,000,000 for any occurrence, including blasting insurance if blasting is allowed as part of the permit. 9.2 Escrow. The Applicant for a CUP shall establish a non interest bearing account with the City in the minimum amount of$10,000.00 to secure the payment of administrative, engineering and legal costs incurred by the City in connection with the application. The Appli c nt shall reimburse the City for all of sueh costs upon receipt of an invoice days of receipt of the invoice, the City may reimburse itself from the escrow account. The Applicant shall be responsible for the payment of all administrative, engineering and legal costs incurred by the City in connection with the application If the escrow is insufficient, the Applicant shall make such additional deposits as may be required by the City. The City shall have the right to reimburse itself from the escrow. Any excess amounts remaining in the escrow shall be reimbursed to the Applicant within sixty(60) days after the approval of the application provided that all City expense invoices have been received. If for any reason, escrow funds are insufficient to cover City costs, the Applicant shall reimburse the City for all of such costs upon receipt of an invoice therefore. Upon the failure of the Applicant to make payment of such invoice within 30 days of receipt of the invoice, the City may reimburse itself from the escrow account. The Applicant shall be responsible for the payment of all administrative, engineering and legal costs incurred by the City in connection with the application. The applicant for an AOP shall establish an escrow of$2,000. Additionally, the applicant shall, upon receipt of an invoice, reimburse the City for inspection costs incurred by the City in approving the AOP. City of Scandia,Minnesota Page 21 Development Code 3 2023 071- 23 075-22-07 9.2-3 Financial Guaranty. To assure compliance with the provisions in this Chapter, the completion of reclamation and restoration of the site, and the performance of the operator's obligations set forth in the CUP, the operator shall provide to the City an Irrevocable Letter of Credit or other security satisfactory to the City in the amount to be determined by the City. The operator shall be entitled to a reduction in the security amount on a dollar for dollar basis as reclamation is completed and approved by the City engineer, except that the security shall not be reduced below an amount equal to 125% of the cost of the work to be completed as determined by the City Engineer nor below 5%of the security, unless the reclamation has been accepted by the City. To obtain a reduction in the security the operator will give notice to the City of completion of a portion of the reclamation or fulfillment of its requirements. The City Engineer will inspect the completed improvements within ten (10) working days of the operator's notice, and,provided the engineer approves the completed reclamation or fulfillment of requirements, the reduction in the security will occur on a dollar for dollar basis within five(5) working days after the City Engineer's approval subject to the limitations stated above. If the security does not automatically renew, then at least thirty(30) days prior to the expiration of the security, the operator shall provide the City with a new security for a period of at least one (1) year beyond the expiration date of and for the same amount as the security then in effect or the operator shall be in default hereunder with no opportunity to cure, and the City may immediately demand from the surety the amount of the security then in effect. Any security provided under this section shall permit the City to draw upon the security immediately following any operator default hereunder that is not cured within any applicable notice period and for such portion thereof as is certified by the City Engineer to be reasonably necessary to cure such default. Any request for a security reduction shall be accompanied by mechanics lien waivers covering completed work. 9.34 . A permit fee of$500.00 shall be paid with the application for a CUP. A permit fee of$500 shall be paid with the application for an AOP.,plus $2.000 in escrow for each AOP. „t „f a i „burse thy. Cit inspection costs incurred by the City in approving the AOP. City of Scandia, Minnesota Page 22 Development Code 3 2023 074 23 075-22-07 SECTION 10. VIOLATIONS, PENALTIES AND INSPECTION 10.1 Any firm,person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine and/or imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a separate offense. 10.2 In the event of a violation or threatened violation of any of the terms of this Chapter, the City may take appropriate action to enforce these provisions, including application for injunctive relief, action to compel performance or other appropriate action in court if necessary to prevent, restrain, correct or abate such violations or threatened violations. Upon motion, the court may award costs, disbursements and reasonable attorney's fees and witness fees, which costs and fees can be assessed against the land. 10.3 Whenever necessary to enforce any of the provisions of this Chapter or whenever there is reasonable cause to believe that a violation of this Chapter has occurred or is about to occur, an authorized agent of the City may enter any building or upon any premises at all reasonable times to inspect the same or to perform any duties imposed by this Chapter, provided that if such building or premises be occupied, the authorized agent shall first present proper credentials and demand entry and if such building or premises be unoccupied, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the City shall have recourse to every remedy provided by law to secure entry, including administrative and judicial search warrants. SECTION 11. TERMINATION OF PERMIT 11.1 Any Conditional Use Permit or Annual Operators Permit granted pursuant to this Chapter may be revoked for a violation of any provisions of this Chapter or any conditions of the permit. 11.2 Revocation shall not occur earlier than ten(10) working days from the time written notice of revocation is served upon the permittee or if a hearing is requested, until written notice of the City action has been served on the permittee. Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred and a statement that if the permittee desires to appeal, the permittee must, within ten (10) working days, exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the City Clerk by midnight of the tenth working day following service. Following the receipt of a request for hearing, the City Clerk shall set a City of Scandia,Minnesota Page 23 Development Code 2023 074 23 075-22-07 time and place for the hearing, and the hearing shall be conducted in accordance with the procedures set forth in Chapter 1, Section 7.8, of the Scandia Development Code. 11.3 A mining operation shall not be permitted to continue solely for the purpose of maintaining a bituminous or ready mix concrete plan or for crushing, washing, recycling or other processing operations. Upon removal of all commercially reasonable quantities of material from the mining site, the mining operation shall cease, all equipment and structures shall be removed and reclamation of the site shall be promptly completed. Failure to remove commercially reasonable quantities of material from the site for a period of two consecutive years shall constitute a presumption that the mining on the site has been completed..-, unless the operator has renewed the AOP yearly. SECTION 12. EFFECTUATION 12.1 It is hereby declared to be the intention that the several provisions of this Chapter are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. SECTION 13. REPEALER 13.1 Any ordinance or provision of an ordinance heretofore existing pertaining to the subjects treated in the Chapter shall be deemed repealed from and after the effective date of this Chapter except as they are included and reordained in whole or in part in this Chapter; provided that this repeal shall not affect any right established prior to the effective date of this Chapter or the provisions of any valid permit issued prior to the effective date of this Chapter. City of Scandia,Minnesota Page 24 Development Code rit.WI, ." er V1h tarIM Ft OCIT ".......) '''',...1 KNOWALL PERSONS BY THESE PRESENTS: That rte Rock Ranch,LLC,a Minnesota Limited LiabEity Company,owners and proprietor of the following r LEGEND '''''t -8-...J.,.....1 ,....1 -..-...1 ,-..1.....1 described property situated in the County of Washington,State of Minnesota.to wit 00 DENOTES A 1/2 INCH BY 14 INCH IRON PIPE MONUMENT,MARKED RLS 13590, The Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of Section 36,Township 32 North,Range 21 West, THAT WILL BE SET WITHIN ONE YEAR OF THE RECORDING OF THIS PLAT. Also Government Lot 7,Section 31,Township 32 North,Range 20 West excepting the Southerly 660 feet of said Government Lot 7 All in Washington County,Minnesota • DENOTES FOUND 1/2 INCH IRON PIPE,INSCRIBED AS SHOWN. CIRTH _ Has caused the same to be surveyed and platted as WHITE ROCK,and do hereby donate and dedicate to the public for public use forever the Streets as shown on this @ DENOTES WASHINGTON COUNTY MONUMENT GRAPHIC SCALE DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: plat and also dedicate the easements created by this plat for drainage and utility purposes onN 1 Ort:\ SCALE IN FEET E• D NOTES WETLAND AREA(By Dav L id HeinGtns, Wetland SpecIollist,Holt &Assoc.I5c) 200 0 200 400 10-1 -1 In witness whereof said Mark B.Youngdahl.President White Rock Ranch,LLC,a Minnesota Limited Liability Company,owner and proprietor,has caused the same to 200 FEET MAY J 1 INCH = F3 o be signed by its proper officer this day of ,20 A /5 -5 2 100i i . 1 ) THE ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE NAD 83 HORIZONTAL CONTROL REPORT FOR T.32N.,R.21W.AND T.32 N.,R 20 VV.,WASHINGTON COUNTY,MINNESOTA I I Mark B.Youngdahl,President BEING 10 FEET IN WIDTH AND ADJOINING STREET CITY OF CAN DIA i NOTE: LINES, SIDE AND REAR LOT LINES, UNLESS STATE OF MINNESOTA The Minnesota Deportment of Natural Resources, United Stotes Corps of Engineers and other water management agencies rove OTHERWISE INDICATED, AS SHOWN ON THE PLAT. COUNTY OF categorized various wetlands, which are not acknowledged by Chapter 505.02, Subdivision 1 of Minnesota Statutes and may not be shown hereon Development of lands contoining said wetlands may be subject to special conditions or limitations. The foregoing instrument was acknowledged before me this day of ,20 , by Mark B Youngdahl,President White Rock Ranch, 1 1 I i 1 i LLC,a Minnesota Limited Liability Company,on behalf of the partnership ,,---NI",COT OF SEC 36, T 32N,R.25N. 1 NE COT OF SEC 36, 7 32N,R 21W., /i '1 , 3,,i'C' r i S88'35'11"E ' 1 NW. COO OF sEa 31, 7.32N, R 20W.---,3' .5," VICINITY MAP , i -p--. _ SEC.36,T32N.,R.21W. - 6•2; AND Notary Public, County,Minnesota _ • 190TH STREET ' ..,.-', My Commission Expires I" NORTH , 1 SEC.31,T32N.,R.20W I 60 1 igt 1 i Si 1 1 WASHINGTON COUNTY,MINNESOTA g.I ,i-OUTLOT NOT TO SCALE N. LINE OF THE NE1/4 , 1,Dale F.Hebeisen,hereby certify that I have surveyed and platted the property described on this plat as VVHITE ROCK,that this plat is a correct representation of the OF SEC, 36, 1.32N.R.21W---' survey;that all distances are correctly shown on the plat in feet and hundredths of a foot that all monuments will be correctly placed in the ground as designated,that i 1 A the outside boundary lines are correctly designated on the plat,and that there are no wet lands as defined in MS 505 02.Subd 1,or public highways to be designated other than as shown IN 1 1 - ,904, / ,,,,,,,*on n, 0 X s \ 1 \ 15770 STREF, N. '-!,ir „, i Dale F.Hebeisen,Land Surveyor i Lib' v'Lf6;66,.ffiiknZ", Minnesota License No 13590 , \ \ As j-5-5 . rICAriIidel STATE OF MINNESOTA .,*. le COUNTY OF 2 . '` The foregoing Surveyors Certificate was acknowledged before me this day of 20 , by Date F.Hebeisen, Minnesota Registration "Z". C4 No 13590 \t".., 1 IBON STREET N ' ..) \''LTJ . • ry c OUTLOT C ...‘ \N,„, x \ \---- -A, ;• 74 , Notary Public, County,Minnesota 'ffi•'''• ;" ' ''''S hi 3 tn A ''' \1 . My Commission Expires 6 tixi3 i '1 "1;1 Auto1 f< Q t \ <0,i,„„ <0,4,,.t,,e, This plat was approved by the City Council of Forest Lake,Minnesota on this day of ,20 and hereby certfies compliance with all LO (Six L........- ff,t, \ \ j,„---„ 36 TM, requirements as set forth in Minnesota Statutes,Section 505 03,Subd 2 , .. ',, ---' ', In ,s <,'L", <, 1 -0 it OUTLOT D (1) 2 '',1,,, i \ 'P<"„°4',p'',p .`",'",0,,, Signed ii mr, < l., s,t.- ''' Mayor 4 ----,, ;,_:,,,,4-,,, ,,,...C.• , 1 k i, 0 kfr .0' --"--'\ s T ''0 1).,-,-?,p (5-' ...... 55 s 2,.,, ,P ‘.,_5 Ty Signed 1 6311 1c-2-tt, "°o ffi.61,n , "'Sr Clerk"'- 'f7-9,1, v''t vo ti i It.\ '5,i6 „i" , , 6" ttce)i This plat was approved by the City Council of Scandia,Minnesota,on this day of ,20 ,and hereby certifies compliance with all -- - - -- -"4- - - - -- ',`: \ % requirements as set forth in Minnesota Statutes,Section 505,03 Subd 2 "\ (53 WAN 3 •,„ <4„,1, $:.,,„, \ „„ 0, - , Signed \\ .1/ OUTLOT E \ T\N; 0,-1, P6',Y,'•, \'.2, • '., ,, , , Mayor 0 ‘1‘ o..._ \ ,. , sk h,it Signed tirha Clerk S i-Lrx 4.' ROAD ,,,f; N 4, 01 2, Pursuant to Chapter 820,Laws of Minnesota,1971,this plat has been approved tints day of ,20 . Ir. KEES _7- ‘s',, 1 / ,, 't;;. 1 / --. BAY 0 ''.-''7, ,,, 4 3 By By 8 _ -.., ii"`‘‘ 1 `k, Washington County Surveyor -... 1fil 4 6^ ' --it *h. i 02-59'39..* There am no delinquent taxes.the current taxes due and payabie for the year have been paid and transfer has been entered this day of t 3 I21816 20 Of* \ SST-31'10-E 1385.78 1 ,''...',Z 1 8 7 0 G11( B\-• / iF.;:i 0 g- .,,c,,,, ! 1 , By Washington County Audtor/Treasurer : 0 A. ffif''''f ffi 11 3 I rt"-mi i q' By Lg1;s1 il, i ,,"ffi Deputy E X CEP 7HON I 0 M 0 Document Number in I Of Ti I hereby certify that this instrument was filed in the Office of the County Recorder for record on this day of ,20 ,at `no H.16" o'clock M,and was duly recorded in Washington County Records I n 'L_, I b \ n By H WashWashington County Recorder i ffi . to ,--S LINE OF GOVT LOT 7, 1 - i By_752 ' SEC 31, 7.32N.R,20W 11( ,85 . i,,,, I Deputy HULT & ASSOCIATES, INC. '-- N89103.24W 1 , 1322.98 X -. , __ __ -- ; I , , ''---f31/4 CO7 0,SEC 36. T 32N,R 21W, SURVEYORS, ENGINEERS ,f. 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L IIONS, SIDE AND REAR LOT LINES, UNLESS 1 187T,1 STREET N LftfaX, LAxE k. il 1 H I ,,pi NI CIMUM TH WI AT MALL SE SET THIN ONE YEAR OF THE RECORDING OF THIS PLAT OTHERWISE INDICATED-, AS SHOWN ON THE PLAT46'5' ' *ntie.. ,51 P A z ii ,o0 GRAPHIC SCALE o 100 200 0 DENO INCH TES FOUND 1/2 IRON PIPE. INSCRIBED AS SHOWN I "0 IRO I _ / FAA.-4c, MI—M—E1- 0 DENOTES WASHINGTON COUNTY MONUMENT. NOTE: .,,` -.C.--4" .----, .,_.`",,,,,."'''''''' ,r' — ; ` 1‘ * I (', it' 1 INCH = 100 FEET The Minnesota Department of Natural Resources United States Corps of I I HULT & ASSOCIATES, INC. THE ORIENTATION OF THIS BEARING SYSTEM IS illC-E\ Engineers end other water management agencies hove categorized various et. LA4C • t. DENOTES WETLAND AREA(By David Heins/ohs, Wetiond SpecIoliist, HuIt,6 Assoc, inc) SURVEYORS, ENGINEERS i wetlands, which ore not acknowledged by Chapter 505.02, Subdivision I or 1,f,.,_°;i4, BASED ON THE NAD 83 HORIZONTAL CONTROL \s,•.,B_•jj ) REPORT FOR T 32N. R 216V AND T.32 N,R.20 W, Minnesota Statutes and mop not be shown hereon Development of lands Be WETLAND SPECIALISTS FOREST LK,3)94 555025 , mom SMEET N WASHINGTON COUNTY,MINNESOTA \„2, containing sold wetlands may be subject to specie! conditions or limitations I \._ ------ _ _________ 651 sCA 300 I I Sheet 3 of 3 Sheets TN -E-6 H •,c E.8,. _ y, 3I A - t _. + _. -,:. < LT. m •=.. e u .C" — . . ._, 6 n cei cc c ca ,°' t. t. t. ic, or; R R c4- CC c=1 CC _eki. c-,1 0 ri 7,- N-- d '& r, 0 -6 m 8 c. , - r•I ^-, , = cc a, (t) 0_ a_ CID 0 0 L. L...._. - Z c = o o •""!.- 0 C.) t.- cc O o 12-1 cn ci) o o cc c " " cts C13 RI -- Lil 1.1i — 0- 0 ccCEC X CU ( G.) 13 Er) cn cn w a.) (13 CZ al H -0 _C 0) 0) CC) Ca CO (13 a, E E E cc 0 ci, ._ ._ L. L- 0 ( C CO (U 0 0 0 ci) e...., CO 5,—. a, •`'- a a U) U) U) - -.) C......) 0 , c -o Z C C OC CCC Z Z 4-.) 0 G.) 0 COMa3COR3 -0 ECCC (13 0 C/D _c _jccc _i_i "..7_,- •.-_-: cf) - •- CD (13 (13 ___. 1.--.1 a) CO CT] C.....) 0 ri---, X s.—. 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I!/ \ ! 4 . i /7,'(//( / 1 , 1'0! / !' 1 I ! 1! ! 1 . 1! !. 1 1 1 I ) 1 I I d INSET SCAt.E:1"=$Q' DULY (m g i ! a <, `\� , \ MIN L °� ,/ / �' I 1 v \ ! �� >�> �/���/ FL�JOR= ASSOCIATES,INC. /�//F d)9' -f/ •I / I ) / -- Td`D 1,,,g m� T \\ , , - !/ I I A ! , I;ll R�IYI IJ V��� �\ (���-}- a division of McCombs Frank Roos Associates,Inc. 1. \:\\,: ''N / / ,� e f r-e / , , xt 1 1 / !1 / -Y-/ aAI / _ i \ I 1 t) \ �--. PO Box 37 �-�, ow ow .m,, ow ow ow -� ! 1 , 1 e 1 / • '/ / --.1-= �d /� -��� -' t `'` Forest Lake,MN 55025 - -`"" ., b os;}teLL °-'�-- t ow_,�.ow, - -- `- .-._ owl i-- , '� \/� �� \ 0 990075 oao wi-=-qs- s. ,li �;`' '/ ph:(661)464-3130 22 '� r -4,-_,-_-,-.-...- L` _988 -_ �'- Ex.i•iicn P INT i i i ei i N. i fax:} - • e`sa®.�_ vv -.moo e1 _ x - t ' \� email:{hult@mfra$com ( i /- r \t ,988 - - i IN DITCH " ._ u i I t '\ / 7C) 1 \; /v �� s _ 1 Y 1,,.., OUT T A N -., Surveyors -F Engineers / ( I \ \\ /V 9e ` 1 I 1J o \ q ,o o' • �V i L�1 t1 i /' A Y 9 Wetland Specialists `9 \\\ ROCK CONSTRUCTION r \ , ` 4 11 / l \ \ // ENTRANCE / MN,LOW ��'� 7 / / - �i I \ FLOOR,�970.a c 1 \ �r sae 1 w �1 (EOF'+iro 't A �lli, A Client i � 1 �i 30-15 CUP ,�, �� j h, r. «, n� 9a7.6 1 ` rt , , 9. White Rock Ranch 1LC �/ } y i // ez � \ � Nkomo 3D=15'CUP `wy ,V 9� }v i �i� j 1 � ��. , r �.+� - _ / /-...9 , j 1 �` N iNY987.6 \� i i } t 0 ' �� fl '}`..Y / Stillwater,�� '' // / / °' l '��� AtF(E9ek . s NV 9875 -\ - 'V ''�� v c "v. .1ecv s� `} \' • A `1 .0\ Ti1iGfi,T[< N=1 V -_ ?? tit i _ / } / 1 11 f i 11, -�\\\\\ '\'9 o �9 `� �a '� .5.1 N,1.,c 1 , '-,4 ,1 •7 �l �1 V -i, V -y�/-i -� \. I -F�' /'",'-T_ f �� Nva DRY- ,\� :‘, / '\...---". • \ 7 (i Project __ ' 1 H 986.5 l I / / -pf ` �_ r \` V Y"J \ i \ \ 1 it MIN LOW �� / _ -i '/Y / N tNv 9ae:z ', �2 . A FL'00�=977 D ' White Rock 1 ) 1 I , /1 ',\ \ s INV 986.1 1 / -..gas `v , \ 11\\:.,\,,,,"\\A\N,,,,,11\ ' ANNLow a - Forest Lake,MN I 1,/ / j•/'/ f ,,FLOOR.984.0 W `pFtN LOW 30 t5 CUP .1 v / l•o � \y `\tt���.(ecu' tF� \j -. ''��''s'?!�1 ++iNv 4>gs = �2 _ r Fi, -970.o { 1 LEGEND / ( �', l I ,,la "f" �q, \�'` �°s.,q �NFY7 �}5 rra�385z < ,{ +tFr) ) .i I\ br'"1r \;V'ry 1 -QOO- -EXISTING CONTOUR �. '\ , I �., '\ __NYA DP - 1 ').)\ V',')' V 90o PROPOSED CONTOUR I j �I WET LAND VV''•, "4'9$5 7 '. .--,,w ‘ f'`3 ¢EXISTING STORM SEWER w`° ". I 1 i' I( t /) I _ H saRY ! \ },\ y _ '_' .---i - �_� `�� \\ �\ m a PROPOSED STORM SEWER Sheet Title _ DELINEATED WETLAND , i r l , 1 /r` r - 6 riw DRr - r � _.� -, I WETLAND BUFFER/EASEMENT Grading,Drainage and is f - SILT FENCE Erosion Control Plan t 1 \\ '3'c'''`, ,' P' € / NW 9eb.1 J/ _'.?t-'.-�' �'`� 41) PROPOSED RIPRAP ( rr, `. I- , J ' w , �,: _ o' '` \ .sce.o PROPOSED SPOT ELEVATION I �' '' r /' ( 75•CUP °� �\ \ -- PROPOSED DRAINAGE ARROW i y . _ _L N34I e V 984.2 G V 'ti \ , ' \ \�\ �, r BASIN,in Sl NV 9e3�8.o, ��,15�`£ s� ~ '\_ N PROPOSED STREET LIGHT r - ?. DEUCE OF WE TLAN { Y -8 9840 �17j 'a,� SOUS V ,, 'N AN Y OTHER 1 i 1 `=- --/ / �' - - � 's�� '� A\- V PROPOSEDSINFILTRATION INFILTRATION/POND AR�A { - 98° wv-98L0 / ' E. .TING A \�� V - PROPOSED SEPTIC AREA 0 ' ,s J - 9g6- 4__�J A� Y �S b - _ '( /" G''\s' \'its/)\- \\ POSSIBLE WELL LOCATION ' i hereby certify that this plan *as prepared by / a_.r- -- --� v tea- ,9.�I �- y"`- ,,rme or under my direct supervision Ord that _ ,/ $+`` ar x /x•ss sx - - J ( i am o dui Licensed Professional.Engineer under the lows of the State of Minnesota _I _ .' _ , i i . /g i 98 ." 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White Rock , \ , 0, \ Forest Lake,MN INFILTRATION BASIN #1 C.)) sdiallk, TOTAL AREA PROVIDED=1450 SF \ .. 1 , Sheet Title 1 , , Infiltration and INFILTRATION BASIN #2 INFILTRATION BASIN #3 _j/ , , TOTAL AREA PROVIDED=1660 SF TOTAL AREA PROVIDED=1620 SF : Storm Basin Plan NORTH 1- ' v I \/'i I / / 91 .5 /1 //1/ I hereby certify that this plan was prepared by me Or under my direct supervision and that IurcTer athdeulaWjsceonfsthjeP;I:gsiCiratollinne?O:r 0 10 20 40 80 r- I I 191111/ Signature INFILTRATION BASIN #4 Name Marc Dolezal Dote 3/12/07 Licensee 42004 TOTAL AREA PROVIDED=2320 SF X-i 7..1 b\ \ r \ , - \ \ / Designed K TS Checked tARD Drown KTS Approved acitsi3 1/L07 Xi / Na. Dole By Remarks ,.., \ , INF , INF9-s s \' N /10/07MiraliE \ \ \ NWL RY , , i ---, . \ \ \ iii NWL, DR"() \ \ \ HWL 975.8- ' • iiiiiiiiiiiiiiiiiiiiii \J - ( ' ) '7 INF8 )-- ii iiiiiiiiiiiiiiii HWL 73. , . NWL DRY \ \ (,” 11 , n 1111111111111111111.11111111111111. HWL 976.1 ___)\--- , J.'7..} ,77s,i I a iiiiiiiiiiiiiiiiii \ , ,,,, , 5.0 ,, ...... 1011111111 , \ \ _„\--' ( —-7- — \ \ \ • \ 1 F5 , , \ NW DRY , HWL 976.2\ \ \ 5 INF \ \s il-IW 973..2 ! ! ! I I 1 INFILTRATION BASIN #5 INFILTRATION BASINS #6 St 7 INFILTRATION BASIN #8 INFILTRATION BASIN #9 TOTAL AREA PROVIDED=1480 SF TOTAL AREA PROVIDED=1150 SF TOTAL AREA PROVIDED=1500 SF TOTAL AREA PROVIDED=2000 SF HOLT FILE NO.: 05156 • HULT & I N F10 ASSOCIATES, INC. N WL DR 4 PO Box 37 // 9- .5 H wL 973.0 9 . Forest Lake,MN 55025 0 IN FIE(/.. 9 '' ph:(651)464-3130 fax:{651)464-4822 / \ .., •-,,,, eemail:hult@mfra.com / 1% Client a-7/ 3/,;q-1 * \ White Rock Ranch, LLC ,--_, , --,_ - -- ...--- , Stillwater,MN *IN < N WL R Y H WLI/973.1 . i .5 t ' . X 12 Project - --___ White Rock N Forest Lake,MN INFILTRATION BASINS #10, 11 & 12 TOTAL AREA PROVIDED=900 SF Sheet Title Infiltration and Storm Basin Plan NORTH P-11 I I hereby certify that this plan was prepared by me or under my direct supervision and that 0 10 20 40 80 I am a duly Licensed Professional Engineer under the lows of the State of Minnesota Signature 4 - E 966,5 STORM BASIN #2-7P 41, ,-' 973.0 .___------1 ' -- .u /I 19 ' , _- - ., ______ Nome Marc Dolezol )' -- — _ i NWL 970.0 Date 3/12/07 License # 42004 0 -41111 0 a H WL 970.9 _ I — --- i Ail /„, . ------9 a - 1! --- - ' •7,, . 5 Designed KTS Checked MPD , -- P ____,., ......A- , Drown KTS Approved III , . _- -----, (- -----,-Ti ---- 1OFV% 9B°•° • so S \ ' 0 / , 9 7 0 -- -., 7 Dote 3/12/07 9B - / 9 6 a .„, .. -' . , ,,,,------ . ,-'.‘ ,„,_ ------__ -_) o , No Dole By Remarks -.. 1 5/10/07 KTS REALIGN STREET / . 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Dote u, R arks s/oe Engineering • Planning • Surveying WH I TE ROCK I. by mr, or under me drrf es supervision and that n 2/i/f)G ILK eninGnuoEtJ AJUnipa 1 cm o duly Licensed fro lesson of CngIn ecr Designed HCK - B ,/ii/oi ur+o RE`ns[D SMELT nuCNUErvI under the lows of the Slate ' M,,nesn_o. - _ -- Drawn HCK 14800 28th Ave. N, Suite 190 FOREST LAKE & NEW SCANDIA, MN �nalure"`rtL -�.,_�n�� -- ,� Plymouth Minnesa to 55447 T ' _ -- -- Name: KAIMLEEN O'CONNELL eked Kor Phone 763/a76-solo WHITE ROCK RANCH, L.L.C. --- ---- Approved KOC McCor8s Folk Roos lox 763/476-8532 Dole: njls/oe Ucesse pzoaez Associates,Inc. LANDSCAPE PLAN