6.a Public hearing on request to add docks to the marina at Tii Gavo
,
Memorandum
To: Scandia City Council Reference: Tii Gavo Request to Amend
Development Agreement
Copies To: Neil Soltis, City Administrator
Brenda Eklund, Clerk
K. Peter Stalland, Applicant for
Tii Gavo Community
Project No.: 16622.007
From: Authored by Sherri Buss,
Planner; to be presented by
Merritt Clapp-Smith, Planner
Routing:
Date: November 20, 2018
SUBJECT: Tii Gavo Request to Amend its Development Agreement to Increase the
Number of Dock Slips from 19 to 37
MEETING DATE: November 20, 2018
LOCATION: Tii Gavo Subdivision
PID 2803220430002
21080 Olinda Trail North
ZONING: General Rural (GR) and Shoreland Management District
60-DAY PERIOD: Extension waiver submitted by applicant for review period extension to
December 31, 2018
ITEMS REVIEWED: Application, survey, and supplemental information received July 12 and
October 26, 2018
BRIEF DESCRIPTION OF THE REQUEST:
Tii Gavo is an Open Space Development that was approved as a Planned Unit Development
(PUD/CUP) by the City of Scandia in 2007. At the time of PUD/CUP approval, the Developer
requested and the Development Agreement approved 19 boat slips to be installed by the community.
The Minnesota DNR Public Waters Permit for the dredging and construction of the Tii Gavo marina
included a condition that the number of slips should not exceed 19, and limited each slip to one
watercraft.
The applicant is requesting to amend the Development Agreement to increase the number of docks to
37. The amendment would provide a dock slip for each of the 37 single-family lots that were approved
for Tii Gavo.
Tii Gavo Development Agreement
Scandia City Council Page 2 November 20, 2018
ANALYSIS OF THE REQUEST AND ORDINANCE STANDARDS
Tii Gavo Approvals--Standards and Permits in 2007
Tii Gavo was approved as a Planned Unit Development (PUD/CUP) and Open Space Conservation
Development (OSD). It is located within the Shoreland District of Big Marine Lake. When it was
approved in 2007, the following requirements applied to the number of boat slips approved for the
development:
DNR Regulations. The DNR’s Shoreland regulations at the time of the Tii Gavo application
required that the number of docking facilities be limited to the number of riparian lots in the
PUD, and that the facilities be centralized. (This information is noted in Big Marine
Development, DNR Permit Information document from Putman Planning and Design, attached)
DNR Permit. The DNR issued Permit #2006-0351 authorizing the excavation of a 900’ long, 4’
deep channel to facilitate navigational access from a back bay area of Big Marine Lake to the
proposed marina at Tii Gavo. The permit included a condition that limited the number of slips to
a maximum of 19 (consistent with the Shoreland Regulations), and the mooring of no more than
1 watercraft at each slip.
Watershed District Recommendations. The Carnelian-Marine St. Croix Watershed District
provided comments to the DNR for the channel excavation permit in a letter dated June 16,
2006. The Districts comments and recommendations included the following:
o Big Marine Lake was the highest priority lake in the district, with an overall management
strategy of Protection.
o The bay where the marina was proposed included high-quality resources and warranted
extra effort to protect and preserve them. The Open Space Conservation Subdivisions
should be constructed to protect the resources of the property.
o The District Managers would typically be opposed to the proposed channel and dockage
based on the quality of resources in the bay, but felt that the proposed development
design was a reasonable compromise instead of a typical subdivision with individual
docs.
o The District recommended that the number of docks be limited to the number of
Lakeshore owner lots (19), and no boat ramp should be included in the project.
The 2007 City approval of the PUD/CUP and Development Agreement for the Tii Gavo PUD limited the
number of dock slips in the development to 19 based on the Shoreland regulations, DNR permit
requirements, and the concerns about potential impacts to Big Marine Lake and the high quality natural
resources of the bay identified by the DNR and the CMSCWD.
Current Ordinance Standards and DNR Recommendations
1. Shoreland Ordinance
Section 10.0 of the City’s Shoreland Ordinance governs PUDs. Item 10.6 (E) specifies the standards
for the design of Shore Recreational Facilities within PUDs. The standards are consistent with MN
Rules chapter 6120.3800 that governs Planned Unit Developments in Shoreland areas. The standards
include:
Shore recreation facilities must be centralized and located in areas suitable for them based on a
suitability analysis.
The number of spaces provided for continuous beaching, mooring, or docking of watercraft must
not exceed one for each allowable dwelling unit in the first geographic tier of the PUD.
Tii Gavo Development Agreement
Scandia City Council Page 3 November 20, 2018
The “first tier” includes the riparian lots—it is defined by drawing one or more lines parallel to the
ordinary high water level at 267 feet from the lake. The lots within that area are the “first tier”
lots.
Launching, ramp facilities, including a small dock for loading and unloading equipment, may be
provided for use by occupants of dwelling units or sites located in other tiers.
Based on the current Shoreland Ordinance, the maximum number of spaces permitted for private
docks at Tii Gavo would be 19—equal to the number of first tier (riparian) lots.
The City could also permit a small dock at the marina for use by the non-riparian dwellings at Tii Gavo.
2. Environmental Review Rules
Minnesota’s environmental review rules require that a Mandatory EAW be completed for the
construction or expansion of a marina or harbor that results in a 20,000 or more square-foot total or a
20,000 or more square foot increase of water surface area used temporarily or permanently for docks,
docking, or maneuvering of watercraft (MN Rules 4410,4300, subpart 25).
The sketch plan provided with the current Tii Gavo application identify a proposed 135’x135’ expanded
dock area—18,225 square feet. If the area of the proposed project, including the area for maneuvering
watercraft increases the dock area by 20,000 square feet or more, a mandatory EAW would be
required for the proposed dock expansion.
3. DNR Permit and Comments
The DNR sent its comments regarding the Tii Gavo application to the City in a letter dated July 20,
2018. The agency recommended that the number of dock slips be limited to 19, and that the requested
increase in slips be denied. The DNR’s rationale included:
Tii Gavo was approved a conservation-minded development. The lot layout and single
consolidated dock with 19 slips for the riparian lots was designed specifically to limit the
shoreline impacts and be consistent with the Open Space Conservation Development.
The DNR permit that included the condition to limit the number of slips and watercraft
authorized the excavation of a channel for access from the bay to Big Marine Lake. Such
conditions are allowed under the state’s public waters permitting process. DNR’s intent for the
condition was to protect, in the long term, the ecological resources in the bay from overuse.
The bay contains high-value aquatic plants, and fish and wildlife habitat.
Condition #19 of the public waters permit required that the limited number of slips be included in
the Development Agreement for Tii Gavo. At that time all parties, including the developer,
agreed to this approach.
4. Carnelian-Marine-St. Croix Watershed District (CMSCWD) Comments
The CMSCWD submitted comments regarding the request in a letter dated August 9, 2018. The
District recommends that the City should deny the request to increase the number of docks based on
the following:
Big Marine Lake is the District’s premier high quality, deep water lake. The District worked with
the Developer to negotiate the original permit requirements for Tii Gavo under District and DNR
rules to protect the quality of the lake and its resources.
The District’s permit P06-019 for Tii Gavo included the single dock with a maximum of 19 slips,
boardwalk, and fishing pier.
Tii Gavo Development Agreement
Scandia City Council Page 4 November 20, 2018
The original discussions and permit did not include an agreement for future consideration of
additional boat slips. The assumption at the time of the permit was that any benefit for
additional boat slips was considered and conceded by the Developer.
5. Big Marine Lake Association Comments
Some members of the Big Marine Lake Association discussed the application in August and
determined that the Association did not wish to provide formal input. They indicated that the Association
avoids individual property owner issues, and that its mission is focused on water quality of the lake.
They noted that water quality issues related to the application would be adequately reviewed and
addressed by the DNR and watershed district.
6. Statutory Authority
Minnesota Statutes 459.20 gives the governing body of a statutory city or town all powers to improve
and regulate the use of the body of water, subject to powers that are given to county boards or lake
improvement districts under other statutes. If a water body is located wholly within the contiguous
boundaries of two or more cities or towns, the city councils and town boards may jointly exercise the
powers granted in the statute to improve and regulate the water body. Minnesota Statutes 459.20
gives the City and May Township the authority to regulate the use of Big Marine Lake.
EVALUATION OF THE REQUEST BASED ON THE CRITERIA FOR APPROVING OPEN SPACE
DEVELOPMENT PUDS AND AMENDMENTS
Open Space Development PUDs are approved with Conditional Use Permits. The criteria for approving
amendments to Open Space Development PUDs are the same as the criteria for approving the original
PUD/CUP. The criteria include 1) the general criteria for approving CUPs in the City’s Development
Code and 2) meeting the goals for Open Space Developments.
The sections below include the criteria for evaluating the proposed amendment to the Development
Agreement for Tii Gavo in italics and the Planner’s evaluation in standard text.
The criteria for evaluating a CUP or a CUP or amendment are the following:
Compliance with the Comprehensive Plan
The Land Use chapter of the City’s 2030 Comprehensive recommends permitting Open Space
Developments to implement the plan’s goals to preserve land for agriculture and open space,
and to protect natural resources, natural habitats, and viewsheds. The Plan also supports the
protection of surface waters and natural resources by implementing the requirements of the
City’s Shoreland Ordinance.
The developer of Tii Gavo specifically noted in the original materials that described the
development that the number of dock slips was limited to 19 to “preserve the shoreline in
keeping with the clustering theme of the project” and to protect the existing aquatic vegetation
near the proposed marina. The DNR’s permit that permitted the excavation of the channel for
the marina also notes that numbers of slips and watercraft were limited to be consistent with the
Conservation Subdivision and to protect the aquatic vegetation of the bay.
The proposed expansion of the number of dock slips is not consistent with the goals cited in the
Comprehensive Plan for Open Space Developments, or the City, DNR and original OSD
Tii Gavo Development Agreement
Scandia City Council Page 5 November 20, 2018
development goals for the conservation purposes of the subdivision and protection of natural
resources. The proposed expansion does not comply with the standards in the City’s Shoreland
Ordinance.
The proposed use will not be detrimental to or endanger the public health, safety, morals or
comfort.
The proposed expansion of dock slips is unlikely to endanger public health, safety, morals or
comfort.
The use will not be injurious to the use and enjoyment of adjacent properties, or substantially
diminish and impair property values or scenic views.
The proposed expansion would not be injurious to the use of adjacent properties. The doubling
of the dock facilities may impact the scenic views of the lake from the shoreline and adjacent
properties. The applicant has not provided graphic materials that show the views of the
proposed dock expansion from adjacent properties or from the lake.
The use will not impede the normal and orderly development and improvements of surrounding
properties for permitted uses.
The proposed expansion would not impede the development and improvement of surrounding
properties for permitted uses.
Adequate public facilities and services are available or can be provided.
The proposed expansion will not require additional public facilities and services.
The use shall conform to the regulations of the zoning district and Development Code.
The proposed expansion does not conform to the regulations of the Shoreland Management
Ordinance, a part of the Development Code. The PUD design standards for shore recreational
facilities permit a maximum of 19 dock slips, equivalent to the number of lots in the first tier of
the development, and may permit the addition of one small dock for the use of other properties
in the development.
The use complies with the general and specific performance standards in the Development
Code.
The proposed expansion does not comply with the performance standards for shore
recreational facilities in the Shoreland Ordinance, a part of the Development Code.
The goals for Open Space Developments listed in the Development Code include the following:
Preserve large blocks of land for agricultural use and open space.
The proposed expansion will not impact the area dedicated as permanent open space within the
Tii Gavo development.
Preserve natural resources as identified in the Comprehensive Plan.
The proposed expansion of the dock area could negatively impact the natural resources of the
site. The DNR’s comments on the proposed expansion stated that the condition that limited the
number of dock slips was intended to protect the ecological resources in the bay from overuse,
including the high-value aquatic plants, and the fish and wildlife habitat in the Bay. The
developer’s analysis of the number of slips permitted stated that the number was limited to 19 to
achieve shoreline preservation and protect aquatic plans in the bay.
Tii Gavo Development Agreement
Scandia City Council Page 6 November 20, 2018
Preserve permanent natural habitat and vegetated corridors for the long-term health of plan and
animal communities.
The DNR permit, CMSCWD comments, and the Developer’s original plans for Tii Gavo state
that proposed expansion of the dock area could impact natural habitats and vegetation within
the Bay.
Preserve viewsheds for scenic enjoyment and rural identity.
The application does not include information that permits analysis of the potential impacts of the
dock expansion on the scenic and rural qualities of the Tii Gavo and surrounding area.
Allow innovation and greater flexibility in the design of residential developments.
Not applicable to this request.
Provide for site development that maintains a low visual impact, particularly along arterial
roadways and abutting properties.
Not applicable to this request.
Create cohesive neighborhoods to establish local identify and encourage community interaction.
Not applicable to this request.
Reduce the costs of constructing and maintaining public facilities, infrastructure, and services.
Not applicable to this request.
ACTION REQUESTED:
The City Council can recommend the following:
1. Approval
2. Approval with conditions
3. Denial with findings
4. Table the request
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends that the City Council deny the request based on the following findings:
Findings
The evaluation of the proposed amendment to the Tii Gavo Development Agreement to expand the
number of dock slips to 37 based on the criteria in the Development Code finds that the proposed
expansion does not meet the criteria for approval:
It is not consistent with the goals and policies of the City’s Comprehensive Plan.
It does not comply with the regulations of the Shoreland Management District and the
Development Code.
It does not comply with the performance standards for shore recreational facilities in the
Shoreland Ordinance, a part of the Development Code.
It does not preserve natural resources as identified in the Comprehensive Plan, including Big
Marine Lake and its natural habitats.
It has the potential to negatively impact natural habitats and vegetation communities in Big
Marine Lake.
Tii Gavo Development Agreement
Scandia City Council Page 7 November 20, 2018
Based on the design standards in the Shoreland Management Ordinance, the City Council could
recommend an amendment to the Development Agreement to permit the addition of a small dock at the
marina for use by the non-riparian dwellings at Tii Gavo.
1
Neil Soltis
From:Jason Pass <jasonp@mettafinancialllc.com>
Sent:Friday, October 26, 2018 11:48 AM
To:'Neil Soltis'
Cc:peter stalland; Kjirsten Mickesh
Subject:Tii Gavo Marina Expansion application
Attachments:Scan0421.pdf; Scan0422.pdf; Scan0423.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
Neil,
Sorry for the delay in getting back to you on the Tii Gavo Marina expansion request of 19 slips
expanding to 37. Since we submitted the request and met with you and the Mayor we have made
every attempt to follow up with concerned government officials (DNR and Watershed), homeowners
and the environmental company that have an interest in this project. The following information was
derived from the follow up attempts:
1) The DNR and Watershed have denied our meeting requests and state their position remains the
same based on the letters sent to you and your staff.
2) The homeowners have requested a layout change to the marina. This request was met and the
new layout is attached and agreed upon by the homeowners. Also attached is a signed petition from
the homeowners agreeing to the marina expansion request.
3) Wayne Jacobson was contacted and asked to be an expert representative on behalf of Tii
Gavo. Jacobson Environmental, PLLC., Wayne Jacobson, is an expert in the field of wetland
delineation, mitigation design, permitting, functional assessment, & monitoring; EAW/AUAR/EIS;
GPS/GIS mapping, fisheries and limnological studies, lake and stream surveys, lake and pond
mechanical and herbicidal weed control, tree surveys, soil infiltration, perc tests, hydric soil
delineations, MLCCS natural resource inventories, data reduction and analysis, Phase I
environmental assessment, laboratory analysis, applied environmental research, project
management, public presentation, and negotiation. He has personally been involved in over 1,000
wetland delineations in Minnesota. He also has been the on-site environmental company who has
cared for the Tii Gavo Marina for 8 plus years. His expert insight greatly diminishes the concerns of
the DNR and Watershed. He has prepared a slip expansion report which includes his impressive
resume which is attached.
Please add the attached information to the marina expansion request submitted to the City of
Scandia. Also please place us back on the City Council meeting calendar as an agenda item. I
believe a minimum of 2 weeks to review any new information is protocol which would place us on the
agenda some time after. November 9th.
Please forward the meeting date at your earliest convenience so I can make sure Peter Stalland,
Wayne Jacobson and myself can get the date on our calendars.
We thank you for your assistance and consideration on this matter.
2
Jason Pass
Chief Operating Officer
Metta Financial, LLC
944 Grand Ave
St. Paul, MN 55105
612-812-1291
jasonp@mettafinancialllc.com
1
Neil Soltis
From:Scott Samuelson <Scott@aatransport.net>
Sent:Thursday, November 8, 2018 4:01 PM
To:'n.soltis@ci.scandia.mn.us'
Cc:Scott Samuelson; 'c.maefsky@ci.scandia.mn.us'; 'j.schneider@ci.scandia.mn.us';
'b.hegland@ci.scandia.mn.us'; 'c.ness@ci.scandia.mn.us'; 's.kronmiller@ci.scandia.mn.us'
Subject:FW: Tii Gavo lot owners/homeowners petition to the City of Scandia
Good Afternoon Neil:
I am hoping I could come and meet with you ( or other Scandia representative) regarding the Tii Gavo
Marina Expansion.
I have a conflict ( out of town week of Thanksgiving) and cannot attend The Nov 20 th city council meeting.
I have multiple concerns ( size, boat traffic, appearance from adjacent properties), but the main concern is the
DNR and Watershed opposition and concern to have DNR approval for future dredging of channel. Per DNR
(see Below) they will look negatively at future requests if marina is expanded.
In the future, when excavation is required to maintain the channel and dock area, DNR would look unfavorably on the request if the number of slips is increased by a
change in the original Development Agreement. The Development Agreement for Tii Gavo was negotiated with the developer, DNR, and Washington County at the
time that the development was proposed, including the number of allowed slips. DNR’s position is that there is no reason to change that negotiated agreement now. The
purpose for limiting the number of slips continues to be the same – to protect the ecological resources in the bay from over use (the bay contains high value aquatic
plants that provide fish and wildlife habitat).
Jenifer Sorenson
Based on previous request from the developer to do dredging in 2008 (low lake levels), this may happen
again.
In August 2009, there was a request made by Mark Sandercott at Big Marine Lake Development LLC to perform
maintenance excavation of the channel to elevation 936.6 feet (the channel depth that was authorized in the original
permit). At that time, Big Marine Lake’s water level was about 2 – 2.5 feet below its runout elevation of 940.6 feet, and
the lower water level and loss of depth in the channel was creating navigation problems. However, I do not see a permit
amendment application in the permit file, or an amended permit, so this work was not formally applied for or approved
by DNR in 2009. I do not have any information in the permit file that maintenance excavation work has been authorized
by DNR since the permit was originally issued.
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
My complete email detail is below, is it possble to set up a time tomorrow / Monday or Tuesday next week to
briefly meet to discuss my concerns?
Respectfully submitted,
Scott Samuelson
19218 Meadowridge Lane N
Marine on St Croix, MN 55047
Scott,
At this point nothing has been submitted to the City requesting the marina expansion and there has been no
discussion by the Council regarding the expansion. Consequently, I don’t see the City as having adopted a
2
position on the issue. Both the Watershed District and MnDNR have voiced opposition to the expansion and
once the matter is under review by the Council the comments of those agencies will be considered by the
Council.
Neil
Neil Soltis. City Administrator
City of Scandia
14727 209th Street
Scandia, Mn 55073
Office – 651.433.2274
Fax – 651.433.5112
Cell – 651.245.2654
From: Scott Samuelson
Sent: Thursday, November 08, 2018 3:18 PM
To: Scott Samuelson
Subject: FW: Tii Gavo lot owners/homeowners petition to the City of Scandia
Thank you,
Scott
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Tuesday, October 16, 2018 3:21 PM
To: Scott Samuelson
Subject: RE: Tii Gavo lot owners/homeowners petition to the City of Scandia
3
Scott –
In August 2009, there was a request made by Mark Sandercott at Big Marine Lake Development LLC to perform
maintenance excavation of the channel to elevation 936.6 feet (the channel depth that was authorized in the original
permit). At that time, Big Marine Lake’s water level was about 2 – 2.5 feet below its runout elevation of 940.6 feet, and
the lower water level and loss of depth in the channel was creating navigation problems. However, I do not see a permit
amendment application in the permit file, or an amended permit, so this work was not formally applied for or approved
by DNR in 2009. I do not have any information in the permit file that maintenance excavation work has been authorized
by DNR since the permit was originally issued.
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Scott Samuelson [mailto:Scott@aatransport.net]
Sent: Tuesday, October 16, 2018 2:49 PM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Cc: Scott Samuelson <Scott@aatransport.net>
Subject: RE: Tii Gavo lot owners/homeowners petition to the City of Scandia
HI Jenifer:
I appreciate all your time, would you know or perhaps direct me in the right direction, to determine if since the
original permit 2006-0351, any supplemental dredging has been requested?
I was told they may have done some maintenance may have been performed in 2012??
Can you please verify or direct me accordingly?
Respectfully,
Scott Samuelson
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Wednesday, September 05, 2018 10:24 AM
To: Scott Samuelson
Subject: RE: Tii Gavo lot owners/homeowners petition to the City of Scandia
4
That’s correct.
Jen
From: Scott Samuelson [mailto:Scott@aatransport.net]
Sent: Wednesday, September 05, 2018 10:01 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Subject: RE: Tii Gavo lot owners/homeowners petition to the City of Scandia
Clarifying, I assume there has Not been a change on the DNR’s position on expansion of slips since 7/20/18.
Thank you,
Scott
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Wednesday, September 05, 2018 9:42 AM
To: Scott Samuelson
Subject: RE: Tii Gavo lot owners/homeowners petition to the City of Scandia
Scott –
DNR’s comment letter dated 7/20/18 (attached) is DNR’s response to the City of Scandia regarding this request to
increase the number of slips at Tii Gavo.
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Scott Samuelson [mailto:Scott@aatransport.net]
Sent: Wednesday, September 05, 2018 9:39 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Subject: FW: Tii Gavo lot owners/homeowners petition to the City of Scandia
Good Morning Jenifer:
To date can you confirm of the DNR stance remains the same regarding expansion on the Marina in Tii
Gavo – Big Marine/Painted Turtle Bay?
Your Previous position :
Attached is DNR’s comment letter to the City of Scandia on the request by the Tii Gavo development to increase the number of boat slips at the community dock from
19 to 38.
5
DNR is not responsible for channel maintenance. Rather, the original excavation of the channel into the bay by the development was authorized in 2006 by DNR under
public waters permit #2006-0351. As part of that permit, DNR placed conditions on the permit to limit the number of slips to 19 and for Washington County to limit the
number of slips to 19 in the Development Agreement approved by the County.
In the future, when excavation is required to maintain the channel and dock area, DNR would look unfavorably on the request if the number of slips is increased by a
change in the original Development Agreement. The Development Agreement for Tii Gavo was negotiated with the developer, DNR, and Washington County at the
time that the development was proposed, including the number of allowed slips. DNR’s position is that there is no reason to change that negotiated agreement now. The
purpose for limiting the number of slips continues to be the same – to protect the ecological resources in the bay from over use (the bay contains high value aquatic
plants that provide fish and wildlife habitat).
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
As attached below, the development is moving ahead with their request to expand the Marina to 37 slips.
If you could please advise on the DNR’s present position, that would be appreciated.
Respectfully submitted,
Scott Samuelson
19218 Meadowridge Lane N
Marine on St Croix, MN 55047
From: peter stalland [mailto:peterstalland@hotmail.com]
Sent: Monday, September 03, 2018 9:37 PM
To: kelseylynn81@gmail.com; aschmidt48@yahoo.com; ivesters@gmail.com; melody.ivester@gmail.com;
janohansen450@gmail.com; kerbertkmick@hotmail.com; Jim Mickesh; william_kuether@yahoo.com; nkfrass@gmail.com;
Jamie Frass; dowddr916@gmail.com; cdjdowd@gmail.com; Brent/Joanna Torgerson; laura.williams@isd624.org;
jesch44@gmail.com; eschfive1505@aol.com; kelly.barkve@gmail.com; Scott Samuelson; Amy Hill; Tim Hill;
JohneeM@aol.com; Brian Gunst; Susan Bowden; Phofkes@hotmail.com; Lesa HOFKES; kimmermom@gmail.com;
body4sal@yahoo.com; Jason Pass
Subject: Tii Gavo lot owners/homeowners petition to the City of Scandia
All:
Attached is a petition to the Scandia City Council regarding the developer's application for
the expansion of the dock slips from 19 to 37. If you are in support, please sign and date where
your name is located on the petition, scan, and return to me via email. If you don't have a scanner,
please call me and I'll stop by your house with the original petition.
Thanks for your support.
Peter
K. Peter Stalland, Esq.
19356 Meadowridge Trail North
Marine, MN 55047
Office tel#: 651-433-0155
Cell tel#: 651-245-7222
Email: peterstalland@hotmail.com
Scott –
6
My response is below –
Jen
From: Scott Samuelson [mailto:Scott@aatransport.net]
Sent: Monday, July 30, 2018 10:52 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Cc: 'Kjirsten Mickesh' <kerbertkmick@hotmail.com>; Scott Samuelson <Scott@aatransport.net>
Subject: RE: Tii Gavo Proposed Marina Expansion on Big Marine Lake / Jenifer Sorensen - East Metro Area
Hydrologist,
Importance: High
Good Morning Jenifer:
As a current slip owner at Tii Gavo Marina / Development, I want to make sure I understand
your position/ concerns, can you please clarify the questions below?
1) If perhaps the lake level dropped to 937.5 (9/2012 level) and we required excavation to
navigate out of the slips / channel to Big Marine, the DNR may not grant permission if the slip
count increased from 19 to 38? Yes, increasing the slip number could influence DNR’s decision
on whether to authorize additional maintenance since the conditions on the original permit
would not have been met.
2) If the If the lake level perhaps dropped, no modifications made to the slip count (19), would the
DNR review our permit request for excavation to navigate out of the slips / channel to Big
Marine? DNR would review any request for additional work in public water that required DNR
authorization, including maintenance excavation. Not meeting the original conditions would not
be an issue, however, in this review, since the slip count wouldn’t have been increased.
I agree with the DNR’s concerns and position, I just want to make sure I understand the
consequences of not abiding to the original 19 Slip agreement.
I appreciate all your assistance in this matter.
Thank you,
Scott
From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us]
Sent: Friday, July 27, 2018 10:23 AM
To: Scott Samuelson
Cc: Kjirsten Mickesh
Subject: RE: Tii Gavo Proposed Marina Expansion on Big Marine Lake / Jenifer Sorensen - East Metro Area Hydrologist,
Scott –
Attached is DNR’s comment letter to the City of Scandia on the request by the Tii Gavo development to
increase the number of boat slips at the community dock from 19 to 38.
DNR is not responsible for channel maintenance. Rather, the original excavation of the channel into the bay by
the development was authorized in 2006 by DNR under public waters permit #2006-0351. As part of that
permit, DNR placed conditions on the permit to limit the number of slips to 19 and for Washington County to
limit the number of slips to 19 in the Development Agreement approved by the County.
7
In the future, when excavation is required to maintain the channel and dock area, DNR would look unfavorably
on the request if the number of slips is increased by a change in the original Development Agreement. The
Development Agreement for Tii Gavo was negotiated with the developer, DNR, and Washington County at the
time that the development was proposed, including the number of allowed slips. DNR’s position is that there is
no reason to change that negotiated agreement now. The purpose for limiting the number of slips continues to
be the same – to protect the ecological resources in the bay from over use (the bay contains high value aquatic
plants that provide fish and wildlife habitat).
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Scott Samuelson [mailto:Scott@aatransport.net]
Sent: Friday, July 27, 2018 9:45 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Cc: Kjirsten Mickesh <kerbertkmick@hotmail.com>; Scott Samuelson <Scott@aatransport.net>
Subject: Tii Gavo Proposed Marina Expansion on Big Marine Lake / Jenifer Sorensen - East Metro Area
Hydrologist,
Importance: High
Good Morning Jenifer;
I am emailing to inquire on the MN DNR’s position regarding expansion on the current Tii Gavo
Marina from 19 to 38.
I did speak with Neil Soltis, City Administrator of Scandia, he stated in the original agreement on the
Tii Gavo Marina ( Big Marine Lake Development LLC- September 2006) was limited to 19 slips.
In addition, with any expansion beyond 19 slips, the DNR would no longer be responsible for keeping
the channel open between Big Marine Lake and Painted Turtle Bay.
If you could please clarify the impact / position on expasion of the Marina from 19 to 38 and if indeed
the MN DNR would no longer be responsible for channel maintenance.
I appreciate any assistance in this matter and I can be reached at 651-253-7567.
Thank you,
Scott Samuelson
19218 Meadowridge Lane N
Marine on St Croix, MN 55042
8
Thank you,
Scott
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
Carnelian-Marine-St. Croix Watershed District
Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150
November 15, 2018
Mr. Neil Soltis, Administrator
City of Scandia
14727 209th Street
Scandia, MN 55073
re: C18-021 Request for Comments TiGavo increase in boat slips
Dear Neil:
Thank you for the opportunity to comment on this request to increase the number of boat
slips at the TiGavo Development on Big Marine Lake. The Watershed District worked
closely with the City, the Department of Natural Resources and the Developer to insure
that this plan was at the forefront in Low Impact Development planning for stormwater
management and open space.
The original negotiations which allowed the Developer to place a marina of 19 boat slips,
large beach and other ameneties on Turtle Bay “traded” the impact of individual boat
slips of the 19 riparian lots within the development on the Lake with the potential for
damage to the wetlands, aquatic vegetation and spawning grounds within Turtle Bay.
Because this lake is the highest priority lake of the District and has excellent water
quality the Managers discussed this issue at our meeting last night and reached consensus
that they oppose the request for the following reasons:
1. The addition of any additional boat traffic will certainly lead to a decrease in
water quality. It is well established that motorized boat traffic in shallow lakes
with a soft bottom structure re-suspends phosphorus from the bottom sediments
and leads to an increase in algal blooms.
2. Additional boat traffic will also lead to the destruction of additional native plant
communities and the establishment and spread of aquatic invasive species.
3. More boat traffic will disrupt the natural habitat of amphibians and turtles and the
spawning areas of fish.
4. The impacts will not only effect Turtle Bay and its surrounding wetlands but they
will be detrimental to the entire lake.
Page 1 of 2
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
For these reasons, the Board of Managers of the Carnelian-Marine-St. Croix Watershed
District supports the position of the Minnesota Department of Natural Resources and
strongly recommends that the City of Scandia deny the request for an increase in boats
slips at the TiGavo development.
Thank you for your ongoing concern for the water resources of the District and do not
hesitate to contact me with any questions.
Sincerely,
Jim Shaver
Administrator
cc(via email): Board of Managers CMSCWD
Carl Almer Emmons and Olivier Resources
Susannah Torseth Galowitz Law
Page 2 of 2
1
Neil Soltis
From:Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Sent:Wednesday, August 8, 2018 12:47 PM
To:Jason Pass
Cc:Neil Soltis (n.soltis@ci.scandia.mn.us); kerbertkmick@hotmail.com; Peter Stalland
Subject:RE: Tii Gavo
Attachments:DNR Permit 2006-0351.pdf; 2018-07-20 DNR Comment Letter Tii Gavo Proposal.pdf
Jason –
Attached is DNR’s comment letter to the City of Scandia on the request by the Tii Gavo development to increase the
number of boat slips at the community dock from 19 to 38. Also attached is a copy of DNR public waters permit #2006-
0351.
The original excavation of the channel into the bay by the development was authorized in 2006 by DNR under public
waters permit #2006-0351. As part of that permit, DNR placed conditions on the permit to limit the number of slips to
19 and for Washington County to limit the number of slips to 19 in the Development Agreement approved by the
County. In the future, when excavation is required to maintain the channel and dock area, DNR would look unfavorably
on the request if the number of slips is increased by a change in the original Development Agreement. Increasing the slip
number could influence DNR’s decision on whether to authorize additional maintenance, since the conditions on the
original permit would not have been met.
The Development Agreement for Tii Gavo was negotiated with the developer, DNR, and Washington County at the time
that the development was proposed, including the number of allowed slips. DNR’s position is that there is no reason to
change that negotiated agreement now. The purpose for limiting the number of slips continues to be the same – to
protect the ecological resources in the bay from over use (the bay contains high value aquatic plants that provide fish
and wildlife habitat).
Jen
Jenifer Sorensen
East Metro Area Hydrologist (Ramsey and Washington Counties)
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St Paul, MN 55106
Phone: 651-259-5754
Email: jenifer.sorensen@state.mn.us
From: Jason Pass [mailto:jasonp@mettafinancialllc.com]
Sent: Wednesday, August 08, 2018 9:39 AM
To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us>
Cc: kerbertkmick@hotmail.com; Peter Stalland <peterstalland@hotmail.com>
Subject: Tii Gavo
Jennifer,
2
I wanted to reach out to you and introduce myself. My name is Jason Pass and I am the declarant
rep for the Tii Gavo development on Big Marine Lake.
I wanted to give you some insight as to why we have decided to request a marina expansion. It was
brought to my attention by homeowners in the development that the ordinance has changed and so
has the governing body over water rights and marinas on Big Marine Lake. The City of Scandia now
has jurisdiction to make a decision on this subject. After speaking with Neil Soltis, City Administrator
he confirmed this. After reviewing the ordinance and the mathematical equation it appears there is
room for potential expansion based on the lineal feet of shore line Tii Gavo encompasses. In Neil's
calculation he believes 27 slips is the number but a civil engineer believes that number to be much
greater then what is being requested. Based on this, it was decided to make the request to appease
homeowners with out slips the ability to own a slip and continue to keep the integrity of the
development creating more tax dollars for the City, creating more lake users that will donate time and
money to care for the lake, and creating a better atmosphere among homeowners in the development
overall.
It has been brought to my attention by a homeowner that the DNR would look unfavorably to any
dredging request if the marina were expanded in any way in the future. I wanted to reach out to you
and make sure I understand your position. In my position it is felt that this is a win for all parties
involved. It will create better more desirable lots, create more caretakers of the lake, create more tax
dollars for the city and satisfy current homeowners who do not have access to a slip.
I will be meeting with the homeowners tonight on this topic so I want to make sure I have the correct
information from the DNR while I address this topic.
I thank you for your time and will look for a response to this request.
Jason Pass
Chief Operating Officer
Metta Financial, LLC
944 Grand Ave
St. Paul, MN 55105
612-812-1291
jasonp@mettafinancialllc.com
MNDNR Central Region
Division of Ecological and Water Resources
1200 Warner Road, St. Paul, MN 55106
Date: 7/20/2018
Sherri Buss
Planning Consultant, City of Scandia
14727 209th Street North
Scandia, MN 55073
Sherri,
Thank you for the opportunity to comment on the request by the Tii Gavo development to increase the number of boat
slips within the development from 19 to 38.
DNR’s recommendation is that the number of slips allowed under the Development Agreement not exceed 19 and that
the request to increase the number of slips to 38 be denied by the City of Scandia.
At the time it was proposed, the Tii Gavo development was presented as a conservation-minded development. The lot
layout and one consolidated dock with no more than 19 slips (for the riparian lots) was designed specifically to limit
shoreline impact. The developer marketed this development as one that would protect the land associated with the
dedicated open space and Big Marine Lake.
Condition #19 on DNR public waters permit #2006-0351 states that “each slip shall be limited to the mooring of one
watercraft and shall not exceed 19.” The DNR permit authorized excavation of a channel for access from the bay to the
main part of Big Marine Lake. As part of authorizing the request to excavate, the number of slips allowed in the bay was
limited under condition #19. These types of conditions are allowed under the state’s public waters permitting process.
DNR’s intent for including condition #19 on the permit was to protect, in the long term, the ecological resources in the
bay from overuse. This bay contains high value aquatic plants that provide fish and wildlife habitat.
Condition #20 on DNR public waters permit #2006-0351 permit requires that the limited number of slips be included in
the Development Agreement approved by Washington County. At the time, all government parties involved in the
decision-making (Washington County, Carnelian Marine Watershed District, DNR) and the developer, agreed to this
approach. It is my understanding that the current Development Agreement limits the number of slips to 19.
Thank you again for your consideration of DNR’s recommendation to deny this request to increase the number of slips
from 19 to 38.
Sincerely,
Jenifer Sorensen. East Metro Area Hydrologist
DNR Central Region
1200 Warner Road, St. Paul, MN 55106
651-259-5754
jenifer.sorensen@state.mn.us