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HomeMy WebLinkAboutUntitled (2) 1 • 1 MIDDLE ST. CROIX RIVER WATERSHED MANAGVMENT ORGANIZATION ANNUAL FINANCIAL RFPORT December 31, 2001 ani 2000 1 1 1 i • MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION TABLE OF CONTENTS t Page Number ' I. INTRODUCTORY SECTION 1 Organization 3 Independent Auditor's Report 5 II. FINANCIAL SECTION Financial Statements: Comparative Balance Sheet Statement 1 8 Comparative Statement of Revenue,Expenditures and Changes in Fund Balance-General Fund Statement 2 9 Notes to Financial Statements 11 III. OTHER REPORTS Independent Auditor's Report on Compliance With Minnesota 17 Legal Compliance Audit Guide for Local Governments 1 I I 1 1 11111 • MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION ORGANIZATION December 31,2001 I t Board of Commissioners: John McPherson-Chair West Lakeland Township Anders Hansen-Treasurer Baytown Township Judy Bellairs St.Mary's Point 111 Pat Tinucci Afton Allen Schultz Bayport IDavid Beaudet Oak Park Heights Vicky Green Lakeland Mary Cedarleaf Lakeland Shores John Jansen Lake St.Croix Beach Ron Nelson Stillwater Mark Doneux Washington County Soil and Water Conservation District i i I 1 I I 1 1 3 • 1 1 H LB Tautges Redpath, Ltd. Certified Public Accountants and Consultants 111 INDEPENDENT AUDITOR'S REPORT To the Honorable Board of Commissioners of the Middle St. Croix River Watershed Management Organization We have audited the accompanyingfinancial statements of the Middle St. Croix River Watershed Management Organization as of and for the years ended December 31,2001 and 2000 as listed in the table of contents. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these fmancial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to iobtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining,on a test basis, evidence supporting the amounts and disclosures in the fmancial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion,the financial statements referred to above present fairly in all material respects,the financial position of the Middle St. Croix River Watershed Management Organization as of December 31, 2001 and 2000 and results of its operations for the years then ended in conformity with generally accepted accounting principles. tSeptember 6,2002 1 g#8' AQP/0-4/ HLB TAUTGES RED ATH,LTD. Certified Public Accountants I 4810 White Bear Parkway,White Bear Lake,Minnesota 55110,USA Telephone:651 426 7000 Fax:651 426 5004 HLB Tautges Redpath,Ltd.is a member of tit.ii International.A world-wide organization of accounting firms and business advisers. 1 5 • I. MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION COMPARATIVE BALANCE SHEET Statement 1 December 31,2001 and 2000 1 1 Assets 2001 2000 Cash $11,436 $12,772 Accounts receivable - 120 Total assets $11,436 $12,892 Liabilities and Fund Balance Liabilities: Accounts payable $ - $1,000 Fund balance: Unreserved: Undesignated 11,436 11,892 Total liabilities and fund balance $11,436 $12,892 i t 1 1 1 1 1 I The accompanying p ying notes are an integral part of these financial statements. 8 1 • • MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION COMPARATIVE STATEMENT OF REVENUE,EXPENDITURES AND Statement 2 CHANGES IN FUND BALANCE-GENERAL FUND For The Years Ended December 31,2001 and 2000 I 2001 2000 IRevenue: $11,925 $ - Community contributions I 1,921 - Reimbursement for legal services 83 218 Interest 219 120 Insurance dividend 13 2 898 120 r Total revenue 338 Expenditures: Professional services: 1,000 Audit 9,187 - Legal fees 110 108 Bank charges Lake monitoring program: 2,150 - City of Stillwater 1,978 Soil and Water Conservation District 561 - Other 2,036 1,650 Insurance 14,044 4,736 Total expenditures Revenue over(under)expenditures (456) (4,398) Fund balance-January 1 11,892 16,290 Fund balance -December 31 $11,436 $11,892 1 1 I I I The accompanying notes are an integral part of these financial statements. I9 I MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION NOTES TO FINANCIAL STATEMENTS December 31,2001 and 2000 I Note 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Middle St.Croix River Watershed Management Organization conform to g generally accepted accounting principles applicable to governmental units. The following is a summary of significant accounting policies: A.ENTITY The Middle St.Croix River Watershed Management Organization was established in 1984 by a joint powers agreement pursuant to Minnesota Statutes 471.59 and 103B.21 I to develop a Surface Water 1 Management Plan and institute programs to conserve soil and water resources through implementation of practices that preserve and use natural storage areas,control excessive volumes and rates of run-off, effectively reduce or prevent erosion and sedimentation,promote ground water recharge,improve water quality and prevent flooding in order to protect and manage the natural and artificial water conveying systems of the Middle St.Croix River Watershed. The affairs of the Organization are governed by a Board of Commissioners,consisting of one commissioner from each of the governmental units that is a party to the joint powers agreement. The joint powers agreement consists 11 of the following governmental units: Afton,St.Mary's Point,Lake St.Croix Beach,Lakeland Shores, Lakeland,West Lakeland Township,Bayport,Baytown Township,Oak Park Heights and Stillwater. In accordance with GASB pronouncements and generally accepted accounting principles,the financial statements of the reporting entity should include the primary government and its component units. The Middle St.Croix River Watershed Management Organization(primary government)does not have any component units. B. FUND ACCOUNTING The accounting system of the Middle St.Croix River Watershed Management Organization is organized and operated on a fund basis. A fund is defined as a fiscal and accounting entity with a self- balancing set of accounts recording cash and other financial resources,together with all related liabilities and residual equities or balances,and changes therein,which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. GOVERNMENTAL FUND General Fund-accounts for general administrative expenditures common to the Organization. The fund is financed by each voting member's council or from any other source approved by the Commission. C. BASIS OF ACCOUNTING The accounting and reporting treatment applied to a fund is determined by its measurement focus. The governmental fund is accounted for on a current financial resources measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Governmental fund operating statements present increases(revenues and other fmancing sources)and decreases(expenditures and other financing uses)in net current assets. 11 • III I MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION NOTES TO FINANCIAL STATEMENTS December 31,2001 and 2000 I The modified accrual basis of accounting is followed by the Organization for its governmental funds. Under this method of accounting,revenues are recognized when received in cash except for revenues of a material amount that have not been received at the normal time of receipt and revenues susceptible to accrual. Revenues considered susceptible to accrual are those revenues that are both measurable and available to finance the governmental operations during the year. Expenditures are recorded on the accrual basis except for disbursements for inventory type items and prepaid expenses which are considered expenditures at the time of purchase. Major revenue sources susceptible to accrual include community contributions and interest earnings. D. BUDGET i The Board of Commissioners does not formally adopt a revenue and expenditure budget. However,the Board does adopt a levy(member community assessment)for the purpose of funding the Organizations activities. E. CASH AND INVESTMENTS Cash balances from all funds are pooled and invested to the extent available in authorized investments. Investment income is allocated to the individual funds on the basis of applicable cash balances available by each of the funds and in accordance with State Statutes. Cash and investment balances II were as follows at December 31,2001 and 2000: December 31, I 2001 2000 Cash-checking $11,436 $12,772 I DEPOSITS In accordance with Minnesota Statutes,the Organization maintains deposits at those depository banks authorized by the Board,all of which are members of the Federal Reserve System. 111 Minnesota Statutes require that all Organization deposits be protected by insurance,surety bond,or collateral. The market value of collateral pledged must equal 110%of the deposits not covered by insurance or bonds(140%in the case of mortgage notes pledged). I Authorized collateral includes the legal investments as outlined in Minnesota Statutes,as well as certain first mortgage notes and certain other state or local government obligations. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the Organization treasurer or in a financial institution other than that furnishing the collateral. At December 31,2001 both the carrying amount and bank balance of the Organization's deposits were$11,436 and$11,451,respectively,all of which was covered by federal depository insurance. . 12 1 • MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION NOTES TO FINANCIAL STATEMENTS December 31,2001 and 2000 I INVESTMENTS Minnesota Statutes authorize the Organization to invest in the following: a. Direct obligations or obligations guaranteed by the United States of its agencies,its instrumentalities,or organizations created by an act of congress,excluding mortgage-backed securities defined as high risk. 1 b. Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described in(a)above. c. General obligations of the State of Minnesota or any of its municipalities. d. Bankers acceptance of United States banks eligible for purchase by the Federal Reserve System. .11 e. Commercial paper issued by United States corporations or their Canadian subsidiaries,of the highest quality,and maturing in 270 days or less. f. Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding$10,000,000;a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York;certain Minnesota securities broker-dealers;or,a bank qualified as a depository. The Organization did not own any of these types of investments during 2000 and 2001. F. COMPARATIVE DATA Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in the entity's financial position and operations. Note 2 RISK MANAGEMENT The Organization is exposed to various risks of loss. The Organization carries commercial insurance policies for municipal liability,errors and ommissions and open meeting law. The Organization retains risk for the deductible portions of the insurance policies. The amount of these deductibles are considered immaterial to the fmancial statements. l I 1 1 13 • • MIDDLE ST.CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION NOTES TO FINANCIAL STATEMENTS December 31,2001 and 2000 1. Note 3 CONTINGENCIES The Organization's management has indicated that existing and pending lawsuits,claims and other actions in which the Organization is a defendant are either covered by insurance;of an immaterial amount;or,in the judgment of the Organization's attorney,remotely recoverable by plaintiffs. Note 4 COMMUNITY CONTRIBUTIONS The administrative activities of the Organization are funded by contributions from the participating 1 communities in accordance with section 5.4 of the joint powers agreement. Section 5.4 provides for the following allocation: a) 40 percent based upon the total acreage of each party as a percentage of the acreage of the entire watershed. b) 20 percent based upon the tax capacity of each party as a percentage of the tax capacity of the entire watershed. c) 40 percent based on population of each party as a percentage of the total population of the entire watershed. In 2001,the community contributions were as follows: Community Amount I Afton $65 Bayport 2,223 Baytown Township 1,369 Lake St.Croix Beach 122 Lakeland 1,487 Lakeland Shores 156 Oak Park Heights 1,935 Stillwater 4,452 West Lakeland Township 116 Total $11,925 1 1 I I 14 I I I 1 I�; HLB Tautges Redpath, Ltd. Certified Public Accountants and Consultants Inde endent Auditor's Re ort on Com liar U ce With II Minnesota Le•al Com,Nance Audit Guide for Local Governments To the Honorable Board of Commissioners of the Middle St. Croix River Watershed Management Organization 294 North Third Street Bayport,MN 55003 We have audited the financial statements of the Middle St. Croix River Watershed Management Organisation as of and for the years ended December 31,2001 and 2000, and have issued our report thereon dated September 9, 2002. We conducted our audit in accordance with auditing standards generally accepted in the United States of America,and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. IThe Minnesota Legal Compliance Audit udzt Guide for Local Government covers five main categories of compliance to be tested: contracting and bidding; deposits and investments; I conflicts of interest;public indebtedness; claims and disbursements. Our study included deposits and investments only, as this is the only category applicable to the Middle St. Croix River Watershed Management Organization. The results of our tests indicate that for the items tested, the Middle St. Croix River Watershed Management Organization complied with the material terms and conditions of i applicable legal provisions. This report is intended solely for the information and use of the Middle St. Croix River Watershed Management Organization and is not intended to be, and should not be, used b anyone other than those specified parties. y September 9,2002 /2/1.64d '---/eZe--eX2a %,?.0 /1 HLB T AUTGES REDPATH, LTD. Certified Public Accountants 4810 White Bear Parkway,White Bear Lake,Minnesota 55110, USA Telephone:651 426 7000 Fax:651 426 5004 HLB Tautges Redpath,Ltd.is a member of Hi International.A world-wide organization of accounting firms and business advisers. 17 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 v (612) 337-9300 telephone Graven (612) 337-9310 fax http://www.kennedy-graven.com ' CHARTERED CHARLES L.LEFEVERE Attorney at Law (612)337-9215 cleFevere@kennedy-graven.com December 31, 2003 Mr. Bob Fossum Middle St. Croix Watershed Management Organization 1380 West Frontage Road,Highway 36 Stillwater,MN 55082 RE: Response to Request for Qualification for Legal Services Dear Mr. Fossum: Please accept this letter and its attachment as the response of Kennedy & Graven, othe Request for Qualifications for Legal Services of the Middle St. Croix Watershed Management Organization("MSCWMO"). A. KENNEDY & GRAVEN, CHARTERED QUALIFICATIONS Kennedy & Graven has made a commitment to the representation of public boedfrom the painstae of y of its practice. Approximately 75% of the revenues of the firm are den municipal law. We currently serve as city attorney for civil matters for the following l 22 cities: Brooklyn Center, Brooklyn Park, Cambridge, Claremont, Cokato, Cottage Grove, Cry Kenyon, Lauderdale, Loretto, Medina, Minnetrista, Mound, Mounds View, New Brighton, Richfield, Robbinsdale,Rosemount, Sandstone, Shakopee,Victoria and West Concord. We also represent a large number of housing and redevelopment authorities, economic de development authorities, port authorities, charter commissions, joint powers organizations, management organizations, and other special purpose political subdivisions as general counsel, as well as a large number of Minnesota cities as special counsel on specific projects on a broad range of municipal law matters. Those have included Minneapolis, Bloomington, Burnsville, Duluth, Minnetonka and scores of others. Over the years we have developed considerable expertise i nearly the firm that the hrelelegal tes most diret yissues faced by y cities and other units of local government. The experienceof the work of the MSCWMO is our practice in the vreeprRue�n�tat o.ver of Watershed powersint watershed management organizations, which include the L.o� Organization, the Bassett Creek Watershed Management Commission, the Shingle Creek CLL-241623V2 KG400-11 r S S Mr. Bob Fossum December 31, 2003 Page 2 Watershed Management Commission, the West Mississippi Watershed Management Commission and the Mississippi Watershed Management Commission. However our ability to provide services to such organizations is significantly enhanced by our experience in serving other governmental clients. As city attorney for a large number of municipalities and special counsel for many others, we advise our cities on the full range of municipal issues on a daily basis. Additionally,the firm is nationally recognized as approving bond counsel. In this connection, we have given approving opinions and provided services relating to municipal finance matters (including financing of storm sewer facilities and county ditches) for several hundred cities, counties, school districts, and other such organizations throughout the state and,to a lesser extent,outside of the state of Minnesota. We do not represent MSCWMO members or adjacent WMOs. This experience has not only allowed us to develop considerable expertise in all matters relating to the activities of WMOs, but has given us a good understanding of the problems and concerns of cities. We believe that this understanding has helped in continuing a harmonious relationship between our WMO clients and their member cities and avoiding the problems and conflicts that can occur between cities and watershed districts. We take pride in the firm's broad understanding of the legal, economic, and political environment facing the public sector in Minnesota. B. NAME AND PHONE NUMBER OF CONTACT PERSON Questions about this statement of qualifications may be addressed to Charlie LeFevere at the address or telephone number noted in the letterhead of this letter. C. PROJECT TEAM QUALIFICATIONS We follow a team approach in representing our clients so that the considerable expertise and experience of all of the members of the firm can be brought to bear on the problems or issues of any one client. However, we propose that I, Charlie LeFevere, would be primarily responsible for the work for the MSCWMO. I have been practicing law since 1975. My practice is almost exclusively devoted to representation of municipal clients. I am the attorney for the Bassett Creek Watershed Management Commission, the Lower Rum River Watershed Management Commission, the Management Shingle Creek Watershed Management Commission, the West Mississippi Watershedresentation Commission and the Mississippi Watershed Management Commission. During my representation of these WMOs, I have been involved in a full range of issues relating to such organizations including: plan review, WCA administration and appeals, preparation of second generation plans, watershed plan amendments, joint powers agreement amendments, WMO boundary changes, implementation of a tax levy for capital projects under MINN. STAT. § 103B.251, grant agreements, advising on project funding options, preliminary response to impaired water designations and TMDLs and review of local plans. I have also worked on projects for the Richfield-Bloomington WMO. I am the City Attorney for the cities of New Brighton,Brooklyn Center,sRosemount representtandamthe dge ge and have represented dozens of other cities on special proje also Minnetonka Conservation District and a number of housing and redevelopment authorities, CLL-241623V1 KG400-11 • • Mr. Bob Fossum December 31, 2003 Page 3 economic development authorities, and port authorities. Although my work for other joint powers WMOs is most directly related to the legal needs of the MSCWMO,my representation of cities and the Lake Minnetonka Conservation District has given me the opportunity to be involved in many other ways in surface water management issues, the Wetland Conservation Act, public contracting, the state open meeting law, local land use issues, joint powers organizations, financing of public improvements, intergovernmental relations, environmental law and public liability for storm water damages. In 1994, the American Research Corporation conducted a state-wide survey and asked nearly 2000 attorneys throughout the state "If a relative or best friend needed great legal advice in a particular area of the law, to whom would you refer them?" One of the 25 specialty areas covered in the survey was Federal, State and Local Government Law. The results of the survey were published in a book entitled "Law and Leading Attorneys". Forty-seven Minnesota lawyers were listed in the category of Federal, State and Local Government Law. Of these, many did not practice as city attorneys or were staff attorneys in local or federal government offices. Four of the attorneys selected in this category were attorneys at Kennedy & Graven: Curt Pearson (now retired), David Kennedy, Jim Thomson, and myself. We were most honored to be recognized by our peers in the legal profession; and the fact that four attorneys in our firm were so recognized reflects the commitment of the firm to its municipal law practice. D. RATES We propose a rate of$155.00 per hour for all attorneys, $85.00 per hour for clerks, and $90.00 per hour for paralegals. E. CONCLUSION If we can provide you with any additional information that would be helpful to you in selecting legal counsel or if you would like to meet with me to discuss our qualifications, please do not hesitate to give me a call. We would be happy to provide references on request. However, we would also encourage you to feel free to call representatives of any of the watershed management organizations or the city managers or administrators of any of the cities noted above that we represent as legal counsel, about the services provided by our firm. We believe that Kennedy & Graven is uniquely suited to serve the MSCWMO. We know of no other firm that has the depth and breadth of experience in representing local government units in Minnesota as Kennedy& Graven, and we pride ourselves in providing quality service to our public clients. CLL-241623v1 KG400-11 III II Mr. Bob Possum December 31, 2003 Page 4 At Kennedy & Graven, our commitment to representing local government units represents not only an interest in such work but a firm belief that the work of local government units is important. We would be most appreciative of being given the opportunity to serve as legal counsel to the MSCWMO. Very truly yours, Charles L. LeFevere CLL:peb Attachment • CLL-241623v1 KG400-11 • CHARLES L. LEFEVERE ' .LOCAL GOVERNMENT LAW/GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW/EMPLOYMENT LAW/ LAND USE/ECONOMIC DEVELOPMENT AND REDEVELOPMENT J.D. (cum laude), University of Minnesota, 1975 B.A., St.Olaf College, 1968 PRIMARY PRACTICE AREAS• Charlie MEMBERSHIPS AND PROFESSIONAL LeFevere has extensive experience ACTIVITIES• Mr. LeFevere is a member representing public and private clients in a of the Minnesota State Bar Association, broad range of municipal issues, including Public Law Section, and the Hennepin planning and zoning, city charters, public County Bar Association. He is also a improvements and special assessments, member of the Minnesota Association of open meeting law, employment law, data City Attorneys. He lectures frequently for practices, environmental law, public continuing legal education on municipal bidding, municipal litigation, and law topics, such as the use of mediation municipal finance. He is the city attorney by governmental bodies, special assessments, for New Brighton, Brooklyn Center, financing of storm water improvements, Cambridge, and Rosemount, and serves and municipal regulation of landfills. as counsel to a number of joint powers organizations, HRAs, EDAs, port authorities, PERSONAL■ Mr. LeFevere and his wife, charter commissions,watershed management Kathy, have two children. He has served organizations, and special purpose as chair of the Mediation Center Board governmental units. Mr. LeFevere has of Directors and the Minnesota Board been selected by the American Research of Zoning Adjustment, and was president Corporation's Law&Leading Attorneys of the Brooklyn Center Rotary and the Guidebook in the area of federal, state, Wayzata Youth Hockey Association. He and local government law. enjoys hunting, fishing, backpacking, and rehabbing his seventy-five-year-old BACKGROUND■ From 1969 to 1972, log cabin. Mr. LeFevere was a line officer in the U.S. Naval Reserve. Following law school, he joined the LeFevere Lefler firm (1975- 1989). He has practiced with Kennedy & Graven since 1989. "I enjoy the daily contacts with public officials and staff, and share with them a sincere belief in the importance of local government. I feel very fortunate that, after more than twenty years in the practice of public law (and over 1000 council meetings), I still enjoy my work and feel good about what I do." Kennedy& Graven CH A R T ER ED • ice► TRANSMITTAL 3535 Vadnais Center Drive,St.Paul,MN 55110-5196 651.490.2000 800.325.2055 651.490.2150 FAX October 23,2003 TO: David Beaudet Date City of Oak Park Heights A-MSCWM0301.01 14.00 File Number and Location 14168 Oak Park Blvd Client Number PO Box 2007 Oak Park Heights,MN 55082 RE: State of Minnesota Storm Sewer Phase 2 We areAs Requested ® Enclosing 0 Sending Under Separate Cover 0 1 copy of the first draft of the easement from Xcel Energy For your ❑ Approval ® Information/Records 0 Review 0 Action 0 Distribution 0 Revision and resubmittal REMARKS: Dave: As you requested this is the first draft of the easement agreement 651.351.2115.nttouy Jim Lammers. We only had a faxed copy. If you need a cleaner copy please contact Jim BY: Wayne S.Wambold c: wsw 10/01documenc2 Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer 08/25/2003 10:30 ECKBERG LAW -j D001 4902150 . • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue le J.Eckb«g James F.Lammers Stillwater,Minnesota 55082 Ly (1916- kber Robert G.Briggs Mark J.Vierling •+. (651) 439-2878 dner Paul A."Wolff Thom Susan D.OlsonW + FAX(651) (1944-1996) David K.Snyder •Qualified Neutral slrbicrator Sean P. to Kelley Direct Dial No:(651)351-2115 *Certified Real Estate Specialist Seas Stokes +Qualified Neutral Mediator Balers C.HeereA. TO: Wayne Wambold FAX: (651) 490-2150 FR: Jim Lammers DT: August 25, 2003 RE: Easement Agreement/License Agreement Excel Energy Pages sent: 30 including cover sheet) The pages comprising this facsimile transmission contain confidential information from Eckberg,Lammers, Briggs,Wolff&Vierling. This information is intended solely for use by the individual or entity named as the or recipient hereof. If you are not the intended recipient,be aware that any disclosure,copying, use of the contents of this transmission is prohibited. If you have received this transmission in error,please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a daim for damages against the violation. If you received this communication in error,please immediately notify us by telephone at(651)439-2878. NOTES/COMMENTS: . 08/25/2003 10:30 ECKBERG LAID 4 4902150 N0.741 p002 . • 1110 • • When recorded,mail to: NORTHERN STATES POWER COMPANY, a Minnesota corporation,dba Xcel Energy 414 Nicollet Mall Mezzanine Minneapolis, Minnesota 55401 Attention: Corporate Real Estate Information This Space Reserved For Recording EASEMENT (Drainage Pipeline and Access Road Easements—King Plant, Minnesota) THIS EASEMENT("Easement")dated effective the day of August,2003,is by and between Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy (hereinafter referred to as"Grantor")with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 and the City of Bayport,a municipal corporation organized under the laws of the State of Minnesota,its successors and assigns(hereinafter referred to as"Grantee")with an address of 294 3'St. North, Bayport, Minnesota 55003. WITNESSETH: WHEREAS,Grantor is the owner of that certain ti'aXh or A attached hereto and made a part parcel of land situated in the County of Washington,State of Minnesota legally described on E hereof("Property"). WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee an 80 foot wide non-exclusive easement impacting the above described property and being more particularly described and depicted in Exhibit"B" attached hereto and made a part thereof (hereinafter referred to as the"Easement Property"). NOW,THEREFORE, in consideration of the sum of One Thousand Five Hundred Dollars ($1,500.00)in hand paid,and other good and valuable consideration,o Grantee and Grantee hereby accepts which are hereby acknowledged,Grantor does hereby grant of constructing, repairing, replacing, from Grantor, the Easement Property for the purposeredia inspecting and maintaining, operating, altering, reconstructing, modifying, updating, upgrading, removing, in whole or in part, at Grantee's sole cost and expense, a 24 inch reinforced concrete pipe and pond outlet structure to be used offor the drainagea�n f{overhe erro unde Qandnd and aeross twelve Easement access road to be used for maintenancepipeline 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 D003 . - ' 4111 • . Property(the"Project"). The Easement is subject to the following terms, conditions, reservations, restrictions and agreements; 1. Termination. Grantor ma terminate the Easement ded here n�su h breach constituting defaur Grantee's material breach of lt by of the terms and conditions o e Easement,as N p Grantee under the Easement. 2. Construction and Use Restrictions. . (a) Grantee shall make no other use of the Easement Property other than for those allowed herein and-described as the Project without the prior written consent of Grantor and formal Amendment to the Easement. (b) Grantee shall conduct its operations on the Easement Property in a good and workmanlike manner. (c) Grantee shall not cause nor permit as a result of its use of or operations on the Easement Property;the blowing of any garbage,refuse or rubbish from the Easement Property;any air, water or other pollution; any fires or open burning to occur on the Easement Property; any offensive or noxious odors to emit from the Easement Property; the existence, maintenance or continuance of any form of nuisance upon the Easement Property. (d) Grantee agrees to comply with the Encroachment Request requirements attached hereto as Exhibit C relative to Xcel Energy's transmission and/or distribution facilities as located within the Easement Property. (e) Grantee shall promptly repair any damage to the Easement Property and/or Grantor's facilities located thereon or adjacent to by use thereof by Grantee, iththe terms anees, contractors or authorized agents, or resulting from Grantee's failure to comply s provided herein. any character for (g) Grantee shall not build or placed the Property w thout the priorrany structure or improvement fwritten consent of any purpose upon the Easement Property Grantor. (h) Grantee shall not allow the riding of motorcycles,ATV's, or any other vehicles not specifically associated with the use allowed by this Easement on the Easement Property. (i) Grantee shall allow no hunting or discharge of firearms on the Easement Property. 3. Removal and Relocation. The Grantee shall relocate the Pro-ect orMU rt of,at its own expense,to a different location o ` ewith the o•erationrand mainte ante if the Pject should in e ere, in the Grantor's sole and absolute discretion f ran o s face i 1 es as • , or h- r- i- «•, riTtRr d. In t a event that Grantor's use of the Easement Property should,in the reasonable judgment of Grantor,constitute a hazard to Grantor's facilities or the general public, Grantor may require immediate relocation or modification of the Project, as approved by Grantor,to eliminate such interference or hazard,and may suspend Grantee's right to use the Easement Property under this Easement until such relocation or modification is completed- 2 8/22/20031:12 PM 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 p004 • 4. Construction Approval and Notification. The Grantee agrees that it shall not begin construction,if applicable,on the Easement Property until the Grantee first provides a Gr ntoarwith plans and specifications and until such plans and specifications have been app by Grantee shall contact Minnesota's One-Call System;Gopher One Hotline at 651454-0002 prior to the commencement of construction on the Easement Property to arrange for field locating of utility facilities, in accord with applicable law. Further, if Grantor has constructed either natural gas or electric transmission facilities on the Easement Property, Grantee shall contact Grantor's Natural Gas department at 651-229-2317 or Grantor's Electric Transmission Lines Department at 612-330- 5890 at least four(4)working days prior to the commencement of construction on the Easement Property, and unless waived by said department, no construction shall be performed unless a representative of Grantor is present at the time and place of construction. The instructions of such representative relating to the safety of Grantor's facilities will be followed by Grantee,i saga sed by nts,and employees. Any damage to Grantor's facilities on the Easement Property construction of the Project shall be paid for or repaired at the expense of Grantee. The provisions of this Paragraph 4.shall also apply to any other work Involving construction,maintenance,operation, repair, inspection, replacement, or relocation of the Project on the Easement Property. 5. Grantor's Natural Gas Advisory. Grantee agrees and understands that if Grantor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Easement Property,Grantee has been fully advised by Grantor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. Grantee shall advise all of its employees,licensees,agents,contractors,subcontractors,invitees,suppliers and other persons who enter upon the Easement Property,pursuant to the provisions of this Easement,of the existence and nature of such natural gas facilities and the danger and risk involved. 6. Grantor's Cathodic Protection System. Grantee has been fully ybbe subGrantoradvised ject oto cathodic natural gas facilities of Grantor, if located on the Easement Property, may protection by rectifier and related anode beds. Grantor shall not be liable for stray current or interfering signals induced in the Easement Property as a result of the operating of the Grantor's cathodic protection system. 7. Grantor's Electric Power Advisory. Grantee agrees and understands that if Grantor has constructed electric power generation,transmission,distribution,or related facilities on the Easement Property,Grantee has been fully advised by Grantor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages,and that the conductors on electric lines may not be insulated. Grantee shall advise all of its employees,licensees,agents,contractors, pursuant to the invitees, supof this Easement, f the existence and nature of such electric faciiers and other persons who enter upon the Easement Property, tiesa nd pursuant to provisions the potential danger and risk involved. 8. Grantor's Reserved Rights. - (a) Grantor reserves the right,at any time and from time to time,to make such use of the Easement Property as it may desire, at its sole discretion and for any purpose, including, but not t limited to, the construction, operation or maintenance of its electric, gas or propane generation, transmission,distribution and appurtenant facilities located on or near the Easement Property. In the exercise by Grantor of the foregoing rights,Grantor will use its best efforts not to unreasonably interfere with the Easement Property. How Gni` ill° 6 it any e� iflotl ,annoyance,°distr ance of other damage tat Grine,or"tfi EasementProperty, 3 8)22J2003112 PM . 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 D005 0 mason • of the exercise of the foregoing rights or any other rights of Grantor attll not eeenter into oraffectuse ine y` EasementnProperty,and the obligations of Grantee under this Easement %limner.e ak (b) This Easement is issued subject to any prior licenses,easements,or leases granted by Grantor. Grantor reserves the right to grant licenses,easementsand Chast to thindsame shaartll not s to install improvements in,on,under,or along the Easement Property provided interfere with the rights granted to Grantee herein. (c) This Easement and all rights granted herein are granted an hdon ri htse exn press manner ason and not to limitation, and Grantee agrees, that Grantee shall exercise all 9 interfere with any operation of Grantor or use of Grantor,either current or future,without limitation, upon any lands belonging to Grantor not herein demised. 9. Disclaimer of Property Condition. Grantee has conducted its own investigation •14 inspection of the Easement Property and is familiar with the physical condition of the Easement Property and surrounding terrain, and is fully informed as to existing conditions and limitations. Grantor makes no representation as to the Easement Property's suitability for the Project and no such representation, or any other representations, are made by Grantor or shall be implied by operation of law or otherwise. 10. Blastln . The Grantee shall not do or permit to be done any blasting above,underneath,or near the Easement Property without first having received prior written permission from Grantor.Any blasting shall be done in the presence of a representative of Grantor and in accordance with directions such representative may give for the protection or safety of the Easement Property. 11. Reimbursement by Grantee. Grantee shall reimburse Grantor for all costs involved for :/.. ti replacing and resetting any section comers, quarter comers, ownership monuments, right-of-way markers, and reference points disturbed or destroyed during the Project 12. Indemnification. (a) (I) As used in this Easement, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) im environmental costs,includland t not lotherfees and investigation, (4)any and aial, ll costs, and consultant other costs or expenses. (ii) As used in this Easement,the term"Injury" means (1)death, personal injury, or property damage; (2)loss of profits or other economic injury; (3)disease or actual or threatened health effect;and(4)any nonsequential or other damages. (b) To the extent permitted by law,the Grantee covenants and agrees to at all times protect,- indemnify, rotectfindemnify,hold harmless,and defend the Grantor,its directors,officers,agents,employees, successors,assigns,parents,subsidiaries,and affiliates from and against any and all Claims arising from, ellecied to arise.from or related to any injury elleoedly or actually occurring, imposed as a result of, arising from, or related to (1) this Easement; (2) the construction, existence,maintenance,operation,repair,inspection,removal,replacement,or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission,or distribution;propane storage,gathering or distribution facilities or any other 4 8/22/2003 1:12 PM , 08/25/2003 10:30 ECKBERG LAW 4 4902150 NO.'741 D006 utility facilities located on the Easement;or(3) the EasemenGrantee's or any other person's presence at the Easement as a result of or related to (c) The Grantee's duty to protect,indemnify,hold harmless,and defend hereunder shall apply to any and all Claims and Injury,including,but not limited to: (i) Claims asserted by any person or entity,including,but not limited to,employees of the Grantee or its contractors,subcontractors,or their employees; (ii) Claims arising from,or alleged to be arising in any way from, the existence at or near the Easement of (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage,transmission,distribution,or related facilities;(4)propane storage,gathering or distribution facilities; (5) asbestos or asbestos containing materials; (5) any/ Hazardous Materials,regardless of origin;or (iii) Claims Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Grantee,its employees,Grantees,agents,contractors, invitees and other persons. The above indemnification is subject to the maximum liability limits provided in Minnesota Statute Chapter 466. 13. Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of all liens, claims and encumbrances to attach to or remain upon the Easement Property as a result of the Project. All costs and o expensesassociated f the Project oruse ofthe Easement Property shall lien,claim or attached to the Easement Property as a result be for Grantee. 14. LiabilltY and Workers'Compensation Insurance. Grantee shall require its contractors to purchase and maintain commercial general liability insurance coverage in the amount of Two Million Dollars($2,000,000.00),aggregate,and One Million Dollars($1,000,000.00),each occurrence,and will name Grantor as an additional insured, which coverage shall be evidenced by a Certificate of Insurance provided to Grantor prior to access to and occupation of the Easement full � rTd effecte GaWorkers' ntee further agrees to require its contractors or subcontractors to keep Compensation insurance coverage,pursuant to the laws of Minnesota,on all employees entering upon the Easement 15. Compliance with Laws.Rules&Regulations. At its sole cost and expense,Grantee shall give all necessary notices and obtain all required permits, licenses, authorizations ;ndd approvals contractors, and shall comply and ensure that all of its employees, licensees, ag subcontractors,invitees, suppliers and other persons comply with all applicable federal,state and local laws,ordinances,governmental rules and regulations relative to the Easement environmental a Project, those relating to the preservation of the public health and safety,employment laws, laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act(OSHA). Grantee shall be liable for any fines or assessments levied thereunder against Grantee resulting from its acts or omissions hereunder. to 16. Covenant Not to Sue. Grantee,for itself and its representatives,hereby to Grantee's covenantnotperson sue sue sustained 5 or bring any action(whether legal or not)against Grantor for injury 8/22/20021:12 PM 08/25/2003 10:30 ECKBERG LAW 4902150 N0.741 P007 • • property or the person and property of its employees,licensees,agents,contractors,invitees and other persons due to or in anywise growing out of or connected directly or indirectly with the Project and associated activities and presence in and about the Easement 17. Hazardous Materials. Except with the express written permission of the Grantor,the Grantee shall not bring onto the Easement Property,or permit to be brought onto the Easement Property,any hazardous or toxic substance or material (including petroleum)regulated by the State of Minnesota, the United States government, or any other government authority with applicable jurisdiction ("Hazardous Materials"). In the event the Grantee brings Hazardous Materials onto the Easement Property(with or without permission of the Grantor),the Grantee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. The Grantee shall remove such Hazardous Materials from the Easement Property upon request of the Grantor. The Grantee shalt bear all costs related to environmental investigation,cleanup,removal,or restoration of any water,air,groundwater,natural resources,soil,or land,including,but not limited to,the Easement Property,incurred as a result of the presence of such Hazardous Materials on the Easement Property,or arising out of the acts or omissions of the Grantee, its employees,licensees,agents,contractors,subcontractors,invitees,suppliers and other persons. 1l 18. Grantee's Sole Risk and Expense. Grantee agrees that use of the Easement by the Grantee °, hereunder,or its employees, licensees,agents, contractors, subcontractors, invitees,suppliers and other persons,shall be at the sole risk and expense of Grantee. 19. Costs. Grantee shall timely pay all fees,employment taxes,wages and other charges and ' expenses in any manner associated with this Easement. ,, . -e 20. Security. Grantee shall provide all security necessary pursuant to this Easement,including that necessary for its vehicles, improvements,equipment, supplies and facilities, and Grantor shah all have no liability for any injury,loss or damage arising out of Grantee's failure to properly provide security.Grantee shall provide a locked gate at the entrance of the road and will provide Grantor with keys to lock. s of Grantor under this 21. Riohts and Remedies exercise the of one or mGrantor. The hts and ore thereof shallnotnot exclude or waive the Easement are cumulative, right to the exercise of any other remedy. 22. Covenant of Property Ownership. Grantor covenants and agrees that it is the owner of the Easement Property and the grant of this Easement is expressly made subject to all reservations in patents, easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities that appear of record. 23. Notices. Any and all notices or other communications required or permitted hereunder shall be effective upon personal delivery or upon the deposit of the same in the United States mail postage prepaid,certified or registered, and addressed as follows: If to Grantor: If to Grantee: Northern State Power Company City of Bayport dba Xcel Energy Bayport City Hall 414 Nicollet Mall,Mezzanine 294 3rd St. North 6 8/22/20031:12 PM , 08/25/2003 10:31iio ECKBERG LAW 4 4902150 N0.741 p008 Minneapolis, Minnesota 55401 Bayport, Minnesota 55003 Attention: Real Estate Department Either party may change its address for the purpose of future notices, payments or communications by providing notice of such change to the other party in the manner specified herein. • 24. Grantee's Disclaimer of Interest. Grantee hereby disclaims any estate, right, title or interest in or to the Easement Property except that which it derives under and by virtue of this Easement. 25. Governing Law. This Easement shall be governed and construed in accordance with the laws of the State of Minnesota. 26. Relationship of Parties. Nothing in this Easement shall be interpreted or construed as a partnership or joint venture between Grantor and Grantee concerning the Project or the Easement Property. 27. Assignment. This Easement or Grantee's rights and obligations hereunder shall not be assigned or otherwise transferred in whole or in part without Grantor's prior written consent,which consent shall not be unreasonably withheld. Any assignment or transfer in violation of this provision shall be deemed void and invalid. • 28. Binding Effect. All of the terms,conditions,reservations,covenants and restrictions of this Easement shall be binding upon and inure to the benefit of the successors and assigns, respectively, of each of the parties hereto. 29. Counterpart Agreements. This Agreement may be executed in any number of counterparts and shall be binding upon each party executing the same or a counterpart hereof. IN WITNESS WHEREOF, the parties have executed this Easement effective as of the date first above written. GRANTOR: NORTHERN STATES POWER COMPANY, a Minnesota corporation dba Xcel Energy By: Gina L. Bulloch Its: Director, Corporate Real Estate 7 8122!20031:12 PM 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 P009 • • GRANTEE: CITY OF Bayport, A municipal corporation By:_ Its Mayor and By: Its: Deputy City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2003 by Gina L. Bulloch, the Director of Corporate Real Estate of Northern States Power Company, d/b/a Xcel Energy,a Minnesota corporation on behalf of the corporation. Notary Public Notarial stamp or seal a 8!22/20031:42 PM 08/25/2003 10:30 ECKBERG LAW -> 4902150 N0.741 D010 • O • • STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of ,2003,before me,a Notary Public,in and for said ,and County and State, personally appeared to me personally known,who being each by me duly sworn,did say that they are respectively the Mayor and Deputy City Clerk of the City of Bayport,by authority of the City Council of the City of Bayport,and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City of Bayport. Notary Public Notarial Stamp or seal This instrument was drafted by: Xcel Energy Corporate Real Estate 414 Nicollet Mall Mezzanine Minneapolis, 55401 9 8122/2002 1:12 PM N0.741 D011 08/25/2003 10:30 ECKBERG LAW -> 4902150 330 7856 P.02/10 AUG-22-2003 15:1110N'' a: fri • EXHIBIT A (GRANTOR''S PROPERTY) . • All that part of the Southeast Quarter of the Northwest Quarter(SE%of W 14)of Section'Free(3),in Township Twenty-none(29)North,of Range Twenty(2(1)Wen,described as follows: Beginning 4 the Southeast corner of die above mentioned met aid running thence North along the Bast line G:ane Asa twee i ;2.0)rods,more or Iess, t,:t '2:..-41.1t.Parc.74-Monk S?"m't(7) f i3e rh's AMitioe to 0* Park extended East Fes+ (50.00) feet across First Street; thence West along said South line and South line extended Three Hundred Twenty-one(21.00)fes,more or less,to the Southeast corner of Block Eight(8)of said Beach's Addition;thence South in a direct line with the East line of Block Eight(S),Twenty(20)rods, more or less,to the South line of said tract;thence Easterly along said South line to the place of beginning, containing 2.4 acres,more or less. Ari that part of the Southwest Quarter of the Northeast Quarter(SW1A of NEVA)of Section Thee(3),in Township T enty-nine(29)North of Mtge Twenty(20)West,described as follows: Beginning at the Southwest corner of the above mentioned tra=and uordng thence North along the West line of said tract Twenty (20)rods; thence East to the Center-line of the so-called Stillwater-Pest Douglas Rood (now known as State Aid Road Number Three(3);thence Southerly along raid centerline to a point where said centerline crosses the South line of the above mentioned. tract thence West to the point of beginning, containing 0.5 acres,more or less. / The South One hundred (160.00) feet of Beach's Reservation to Crofut and Beach's Addition to Oak Park, according to the plat thereof on file and of record in the office of the Register of Deeds of Washington County, Minnesota. . 08/25/2003 10:30 N0.741 D012 ECKBERG LAW -> 4902150 330 7856 P_03/10 AIG-22-2003 15: N GI • EXHIBIT B (EASEMENT PROPERTY) REVISED" PARCEL 9 PERMANENT EASEMENT A Permanent Easement for.dxasna1,'e access and utility easement purposes and a Temporary Staging Area Easement,over,under and across all those partsf e West,Southwest on Quarter of the Northeast Quarter of Section 3,Township 29 North,Range 2County,Minnesota,said Permanent Easement being described as follows,to wit: • Commencing at the southwesterly corner of said Southwest Quarterof the Northeasttea Quarter; thence North 01 degree 24 minutes 10 seconds West,assumed bearing,along westerly line of said Southwest Quarter of the Northeast Quarter$7.19 feet to.a point hereinafter as"Point B"; thence North$9 degrees 02 minutes 42 seconds East 57.29 f etto aseconds point 65.36 hereinafter referred to as"Point C'; thence North 61degreesded plat feet,more or less,to the point of intersection with the westerly of the 97�CrS.A.H.21of WASHINGTON COUNTY HIGHWAY RIGHT OF WAY said point of Washington County,Minnesota,as the sante is surveyed and monumented, intersection being the point of beginning of the Permanent Easement being described; thence South 61 degrees 04 minutes 40 seconds West 65.36 feet,more 5 r ss, o t to beforehe � e scrthed "Point C"; thence South 89 degrees 02 minutes 42 seconds along said�Y ore described"Point B"; thence North 01 degree r bees24 80.00 feeminutes 10 ot;ds West,the North 89 degrees 02 line-of the Southwest Quarter of the N minutes 42 seconds East,along a line hereinafter referred to as"Line B" 65 38 feet;0feet to t North 14 said"Line B"; thence North 61 degi�04 minutes 40 secondsof South degrees 06 minutes 00 seconds East 135.53 feet,more�or less, Q�anortherly rte���thence along 20 rods(330.00 feet) of said Southwest Quarter more or less,to said northerly of the rh laofWAS�GTON COUNTYance of .31 feet,HIGHWAY RIGHT OF said westerly line of the recordedP ton County,Minnesota,as the same is surveyed and WAY PLAT N0. 97 -C.S.A.H. 21, Washing, plat of rnonumented; thence southwesterly along said westerly line of therecorded7- . of 21, WASHINGTON COUNTY HIGHWAY RIGHT is sury surveyed and rnonumentcd,217.96 feet,more or washitlgEon County,Minnesota, less,to the point of beginning. , 08/25/2003 10:3 " 1111 N0.741 D013 ECKBERG LAW 4 4902150 330 ?$56 P.04/10 ALG-22-2003 15: �` EXHIBIT B REVISED PARCEL 6 PERMANENT EASEMENT ' (EASMENT PROPERTY) An 80.00 foot wide Permanent Easement for drainage,access and utility easement purposes, a Temporary Easement for utility construction purposes and a Temporary Staging Area Easement,over,under and across all those parts of the Southeast Quarter of the Northwest Quarter of Section 3,Township 29 North -Range 20 West, Washington County,Minnesota, said Permanent Easement being 40.00 feet on either side of the following described centerline,to wit: Commencing at the southeasterly corner of said Southeast Quarter of the Northwest • Quarter; thence North 01 degree 24 minutes 10 seconds West,assumed bearing,along the easterly line of said Southeast Quarter of the Northwest Quarter 127.19 feet to the point beginning of the centerline of the 80.00 foot wide Permanent Easement being described; thence South 89 degrees 02 minutes 42 seconds West,along said centerline, 182.35 feet to a point hereinafter referred to as mint A"; thence continuing South 89 degrees 02secti e revs02ti minutes 4a so 2 seconds y West,along said centerline, 138.61 feet,more or less,to its point of projection of the easterly line of Block 8,of the recorded plat of BEACH'S ADDITION,referred Washington County,Minnesota,said projected easterly line of Block 8 being hereinafter to as"Line A",said point of intersection also being the end of the centerline being described. The sidelines of said Permanent Easement being shortened or prolonged as to terminate at said"Line A"and at said easterly line of the Southeast Quarter of the Northwest Quarter. , 2. N0.741 P014 08i25i2003 10:30 ECKBERG LAW 4902150 330 7556 P.05/10 AUG-22-2003 15: �' _ , OF Exhibit$ Maintenance goad Center Line Description a masse Goad over and across permanent o feasement for ingtess o the regresthwestQu r and the Southwest Quarter of that part of the Southeast QuarterRange 20 west Washington the Northeast Quarter of Section 3,Township 29 North, County,Irvimnesota,the center line of said maintenance road is more particularly described as follows: of said Southwest Quarter of the Northeast Commencing at the southwest corner 24�� 10 seconds West, . Quarterof Section 3;thence North 1 degree said So�wes .Q�er of the assumed • ,alongwesterlythe �South 89 degreesminutes Notth�Quartex, distance of 127.19.feet;thea ����line to babe 36 seconds West,306.71 feet to the point of beginning 326.65 b described;'Thence North 89 degrees 02 minutes 36 seconds curveast, concavefeet to the thence northeasterly 18.96 feet along the arc Of tangentialutes 11 seconds,and a northwest having a central angle of 41 dem 25 secondsnEast,7$.47 radius of 26.00 fee thence North 47 degrees 15 minutes tial curve concave8. 7 9.26 feet along the arc of a tangea to feet;thence northeasterlyes 09 minutes 24 seconds,and a the nor west having a angle of 33 dem radius of 16.00 feet;thence North 14 degrees 06 minutes 01 seconds Bast,73.25 54.55 feet along the arc of a tangential curve concave to feet;thence northeasterly54.55of 86 degrees 49 minutes I 1 seconds,and a the southeast having a central angleline of the recorded plat of � , radius of 36.00 feet,more less,to the westerly WASHINGTON COUNTY UG}WAY RIGHT OF WAY PLATs �and C.S.A.H_21,Wishing=County,Mies ta., as the SaraC iS. monumented,and said center line there tezm�ng- 3. N0.741 P015 08/25/2003 10:3 ECKBERG LAW 4902150 330 7855 P.06/10 AL G-22'`2003 15: Ns • NDTES: Survey and fescriptibnS r Prepared For: CERTIFICATE OF' SURVEY 'M_" Ind. measured value. "R_" Indicates record value, SEH' Inc. • llitheti1R'M.StAcm See Sh-tris 2 thru 5 of 7 Sheets for the w SulMi Center 55110 ST1E.NWAYHR_MINN. 31esz Praposad Easement Parcel Descriptions. St. Paul, Plinnesote 55110 ��1ieNgaD?ARlGiffaecaD A Indicetos location of coordinate value of re: Revised phase 11 Permanent (PE)- Temporary twosuwvome revised ploe allOONenL Supplied by S E tt. (TE) and Staging Area Estill. Desc•s. s4:*4439-1630 Source of overall parcel descriptions used as a kg.; o indicates 613774 iron pipe set. basis for these proposed essea,ent descriptions are Drhers and r_ 1 • indicates monument found as noted. Encumbrance Reports prepared by Northwest Abstract Company and 1 - Rearing system is an assumed datum. dated 6-2-98, as supplied t•. Stark Land Surveying in 1998_ No overhead or underground while or private utilities, on or . . 1' -- adjacent the proposed ease's.nt parcels. were located in 1i1 : � 1I. conjunction With the preparation of these descriptions. . • I I tAI , my 1 gh b ; Dar./4.I 3 m e -owl: ei rr 0-0- S-70•567 F530567 ,,s N age•/!r. Nrs. B!8 • ' I Au./ea.- -- .. - iN �-- _\ E swM�` i lroK ? i ';• " _ t {.N, r ,_ h • • 1 t i ‘-, N it, ..,.% 1 N I a e '' , ' „ IN �•�, • 1' I 1 Ir„ �,, AV , i 1Q• Z 1 1J: 1 v L. r. IRI '. i t11 ' j h l ;L . 1 , 46 1 ,t1 i 10, vis, . 1 1 rase 1 p�'37'a'•? ''1 1 r 1 / 7 g � ^ R �0 i t t • ‘Iii, to • 1 4 1 ittl* � ° i w j1, '� ib ,g + 1 E ' It'" , 1 •t� ^ i I , I 1 F J. k [ y + s * a •ry F� ` h tA Y 1 $ 1 ^` kto.' 1--- re: SEH File No. It a ;tre I1SC1910 0101.00 t „e Stats of Flinn. '� Ara !►G Storm Seller Proj :P I. ! }" 8i (Air' /airy - 4 1 , : t \,,..y • iiP -acea , ,a l i . ��. t r1 R N Ilfr' : . A 1 . V . - \t„,,N • . k ,,.4, vl G 10 to �+\ a 1 k i w `. n o N.�, i • * I : iv • a ' .. '" 'a. , ,ak ., �E� � . . )4e v, a 4 ,� G NI • Ise . \ X _...i..:::, e� �sv� ` �'Bs ie,.. a \A C f S A N !It "tea .�� _ _-- - i - , ti 1 • Z -p v% - �l 1 + T9,SEC^QAale 1ti- X141' , V 4.r t • small, I l �"��- evk \___C°4.... i it i e., d ck1,t.s.ty, telae.w rei+oet wiJI1 14 1 ) 9i �.�. Y it rye errVader m died m,perassioa sad that.s "s�' • I em.dc'y Renamed 1 sen q'eC :MtermsofQ' �� ehe$twee•.f Menne amaraSS tet1NzZ �'Y /D sS 137741 i � s uau.41ei't.,-24...x003. . Re .rt„ w O 08/25/2003 10:3 ECKBERG LAID 4 4902150 NO.741 p016 RUG-22-2003 15: NE 330 7856 P.07/10 EXHIBIT C . File No.2003.123 Date: July 11. 2003 . ENCROACHMENT REQUEST • z. Line No. 086510975/0981 Structure No. 123-124 • fes: Plan&Profile No.NH 3l148-a(08651 NH-28;69-28 (09"15/0981) SEI/4 NW 1/4,Section a,Township 29 Range 30 County Washington_ Easement Affected: Doc.No.Fee Property The attached material pertains to a request to review plans for a storm sewer within the right ofway n to thisfor the subject line. Please review the plans and highlight the following conditions, which project If you have additional comments,please respond in the space provided. Thank you, in advance for your cooperation. 1. EXCAVATION CLOSE TO STRUCTURE LOCATION of'the A minimum distance of 21 feet of supported earth must be maintained from any p art Mission line structures. Support of the ground beyond the 25 feet may be provided by a slope no greater than three (3) feet horizontal to one (1) foot vertical. Support may also be provided by the use of cribbing, sheet piling,retaining wall; or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval. 2. GRADE CHANGE AROUND STRUCTURE LOCATION around the structures Fill around or above steel structure foundations is not permitted. The grade must provide for surface water runoff; no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xoel Energy's facilities will be at the requestor's expense. 3. FILL AND GRADE CHANGE AROUND GUY WIRES AND ANCHORS Fill above the steel anchor rod onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval. 4. GRADE CHANGE WITHIN EASEMENT The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and/or material within the easement will not be permitted. 5. CLEARANCES ANCES TO EQUIPMENT AND WORKERS cranes or digging A working clearance of 25 feet between the electrical conductors and any equipment used in or near the easement, or a clearance of 25 feet to the physical proximity of workers,must be maintained at all times- In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin @ 612.3302875). At least two (2) weeks advance notice must be provided in order to schedule a line outage. There is a fee of approximately $350.00 per day,per outage,for this service. This fee must be paid prior to outage. 6. LANDSCAPING wrf m i THE EASEMENT Detailed plans for landscaping(including light standards) must be submitted to Xcel energy for review and approval. Generally, shorter varieties of trees and shrubs may be considered. If planting is permitted,the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes, there shall be no planting within 15 feet of structure sites. 1' N0.741 p017 ECKBERG LAIC - 4902150 ,_ ,De . o 1.0 Nc 08i2i2003 10: _.-- - RUG-22-2003 15; EXIirBIT C File No. 2003.23 Date: Jetty. LI.2003 • •7. BUIi.DING ON EASEMENTS There shall be no permanent or temporary building allowed(Choose one) ®within the easement area. B. within ft of the transmission line centerline. c_ except as shown in Exhibit A attached hereto_ 8. FUEL AND REPUBLINO ON EASEMENTS There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement 9. STREET LIons AND SIGNS ON EASEMENTS If there arc to be streetlights, signboards, identification signs, or any other type of non-buildieg structure within the casement, detailed plans must be submitted to Xcel Energy ibr review and approval to verify compliance with electrical code clearances. The proposed cannot exceed an elevation of feet mean sea level_ Metallic structures must be properly grounded: The same working clearance criteria, as stated in Parxgtaph also applies,for equipment used to erect and install light standards,sign boards, etc. 10. FENCES ON EASEMENTS If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes_ Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded. 1 1. STRUCTURE PROTECTION Where streets, parking lots.or other areas arc developed which expose transmission structures to vehicular traffic, steel post,or guardrail type barricades must be installed in accordance with Xcel Energy specifications_ In some cases curbing will provide adequate protection. 12. NOTIFICATION The contractor must notify Xcel Energy at least days prior to beginning canstructiatt. _•__ Please contact ,at( ) T 13. CommENs Grouud_to 1,e disturked has fly ash dcnositt d. SITING&LAND Riowrs TRANSMISSION ENGINEERING TRANSMISSION MAINTENANCE Data r-/ -o .� Date �;f ,3 Da• .y IV- Anse- 52 10:3 ECKBERG LAW -� 4902150 N0.741 P018 08/2 HUL-« 2003e0s i5:o N� 330 785E P.09/10 EXHIBIT B A Temporary Easement for STAGING - purposes over,under and across all that part of said Southeast Quarter of the Northwest Quarter, said Temporary Easement being a strip of land 40.00 feet wide, located northerly of and adjoining the northerly line of said 80.00 foot wide Permanent Easement before described, lying easterly of the before described"Line A"and Iying westerly of a line drawn northerly from the before descried"Point A"at right angles to said centerline of the 80-00 foot wide Permanent Easement before desc ri`bed. • • A Temporary Staging Area Easement,over,under and across all that part of said South 20 rods(330.00 feet) of the Southwest Quarter of the Northeast Quarter, said Temporary Staging Easement being all that part thereof lying northerly,northwesterly and westerly of the northerly, northwesterly and westerly lines of the before described Permanent Easement and lying southerly of projections of a line drawn parallel with and 80.00 feet northerly of the before described"Line B". • A Temporary Stagit Area Easement,over,under and across all that part of said Southeast Quarter of the Northwest Quarter,said Temporary Staging Easement being a strip of land 80.00 feet wide, located northerly of and adjoining the northerly Pure,of said 80.00 foot wide Permanent Easement before described,and tying easterly of a line drawn northerly from the before described"Point A"at right angles to said centerline of the 80.00 foot wide Permanent Easement before described. • N0.741 D019 08/25/2003 10:3 ECKBERG LAW -> 4902150 ilv 330 78510.741 A41G-22-2003 15 N n..a L+ y • • NOTES: Survey and nescris�tlr+ns CERTIFICATE OF. SURVEY '•M." Ind. measured Valla. Prl. d Fur__- --- "R L.dicates record value. • re tl. dnal RARItIIIt M.STACK See Shrtlt5 a tAree 5 of 7 Sheets for the 3535 Patti. s Center Drive ,a•l rr,I,wA Cee.MINN. 53082 proposed Easement Parcel Descriptions. 5t_ Paul. Mirmesota 55tt0 at►trNRSeltwttsatreaaLa Indicates location coordinate value of r e; Revised n Phase It AreaPersenent (PE). Temporary LAPU4o,439 YOR revised pipe alignment of coordinate by S £ 11, (TE) and Staging Area Esmt. oesc's. Tel.No.{39.5630 Source of Overall parcel deScripti0t+s used as a RM o Indicates 1onume iron ndpipes sen. Oasis for these provosed +nascent drscriptutna are owners and . Indicates roonureent found ac meted. EncumOrencQ**ports prepared by Northwest 1lbstraet Company an ( , - Bearing system is en a33umed datum. dated 6.2-96, as supplied t-. Stack Land surveying in 19 8- or No overhead or underground �ubiic or privavnte It) , Aro. --o< ad.acent the proposed ease+s.nt parcels, were located in I conjtmet:lon with the preparetion of these descriptions. V •.. I �_ LI ��lk . hT 4 • o ay R 4 r • 14 :44 N PA•ea:'EL Ae ��� \i';'' p-ri.S.: a 0 .730!/3 tti n (nf. fr. ,serf- • ,.i • rr. _is='i -- soi}ar 4,4•111 - lr / 9f`tSo 1 44 E :w*4 U. P 1:)::_rithist w t -'�( I� ss I l r ti `+. t+� 1 r; • v 1 k k r - % J4, \ , " )46 , ,.:- I'•:, It fi14 r, ie $ -a _ — \ 4.-... A. -7. h t Iltl 111 ' :° f c #0`5"7 is-iv ; ie r t 7 + - It 1A lth1,/ flhtz ki 1%, N • I a 1 It., h Ot i 'g 1 tz,1 V g I • R } R ' �{ 0 Y • 1 ,` i r ,1 A `a re: SEM•file Do- I ! H s f MSciitiO d101.00 ii I + +I ; yy �,fr��o State of Minn. l� p I • sa T- AVE. nJi.. Storm Sewer Pro3• "uy r I a4' DI_` " , e, f ��irr V + i Acaw L )141: �y/ss iow I a I , _moo ► ti j ..---4- Sr- i ! !'.r taut !_ 2i0719 -.t �-aOtaO _-Z Y , t l c >; ° F �I R /a #t 4 ^ -----4.l'f4t % 1 ?I '- '4' I 'It.-Z 1 1 t•' 0 It .' iF bit' liv°' t * r: .A i_ tr/iN i. i.;ti �� 4f \Ill?) �,i,t tt y* a -. • 14. • s� eye �+4. y`Za 1*L\ 9 SIR w �.. ` • t Mt "' '" `s. `sa " :'. ' ` t hn Vie, tro,.?,•re ;CO til ... 0 1 e s�Cp,0cy ,. _ 0,2 ;� t + T ' '! ' �• .; st. �9j` y � `^.,. tfz� �►-� _"X","WOW C S. i t 6 a "C--------N s as s'r Oy Itsthat this mxvey,pka•ar rep" • rt• M �/ + I yoc my disco supervision.ad that • l Kir _` .-------J"--------. N . + em a Regiseuireeed lame Surveyor under the laws of• the Sue•- it • fEd Ii. .. t 3776 M; 08/2'5/2003 10:30 ECKBERG LAW -) 4902150 N0.741 D020 612 3" ,7856 1111 330 7656 P.01/10 'a-22-2003. 15:11111 NL..:,._% FACSIMILE (, Xce1EnerY5M Date: 08/22/03 To: Balers C Heeren Telephone No.: 651439-2878 Company: Eckberg,Lammers,Briggs Fax No.: 651 439-2923 Fes; Diane Ablan Telephone No.: 612 330-1918 Eaa No.: 612 330-7856 Company: Xcei EKY Reference: Ferro Pond/City of Bayport Pages: (including this page) Baiers: Ewe Exhibits for Easement for Pipeline and Access Road Agreement and TemporarY License moment. Diane Ablan Corporate Real Estate Specialist Xcel Energy 414 Nicollet Mall,Mezzanine IvEnneapolis,MN 55401 for the use of die individual to whom it is addressed and The information in this facsimile is intended onlyy� If the reader of this message is not the intended receipf may contain information that is COn�- ying of this communication is prohibited. are hereby notified that anydissernit�tion,distnbution�O01'ittelyat 612 330-1918. `�� You you have received this facsimilie in error,please notify' 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 D021 • Tim From: Ablan, Lorraine D[Lorraine.D.Ablan@xcelenergy.com] Sent: Friday,August 22,2003 1:06 PM To: tkelley@eckberglammers.com Subject FW:Perro Pond easements .72:1 City of Bayport Road and Pipel... Original Message > From: Ablan, Lorraine D > Sent: Friday, August 22, 2003 3.2:38 PM > To: 'tItelleyeeclberglammere.com' > Subject: Perro Pond easements > > «city of Bayport Road and Pipeline Easement.doo» > Tim: > Enclosed: Easement for drainage pipe and road. > > > Diane Ablan > Real Estate Specialist 1 • 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 D022 - , ill . - • TEMPORARY LICENSE AGREEMENT (Staging Area for Construction—King Plant, Minnesota) This LICENSE AGREEMENT ("License") is made effective this y of August,d/b/a 2003,Ergy, and between Northern States Power Company, a Minnesota corporation, with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 (hereinafter called the "Licensor") and City of Bayport, municipal corporation, with an address of 294 3rd St. North, Bayport, Minnesota(hereinafter called the"Licensee"). RECITALS A. The Licensor is the fee owner of certain real property and desires to protect and preserve Licensor's utility facilities located thereon, if applicable, and the future use of said real property (the "Property") as located in Section 3, Township 29 North , Range 20 West, County of Washington, State of Minnesota , which Property is further legally described on Exhibit "A" attached hereto and made a part hereof. B. Licensee desires access to and use of the surface of the Property (the "Licensed Premises") the general boundaries of which are legally described othepurpose,it B of:said Licensed Premises to be used by Licensee for the sole purpose,.and for orm Temporary Staging Area for use in connection with ponde ninfrt eon of a CitY oft Oak Park water sewer improvement project regarding prison Heights. (the "Licensed Facility"), which Licensed Premises and Licensed Facility are further described and/or shown on said Exhibit"C,"and Licensee desires to obtain Licensor's permission therefore. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Right of Entry. The Licensor hereby grants to the Licensee and its affiliates, with respect to such title and interest as the Licensor may have non-exclusive the vP basis,Property, andperup ion to terms and conditions hereinafter stated, on a =�� _ access and use the Licensed Premises for theorth�irsSecctionl2 below, and ty. Such hony for the purposes entry and use is granted only for the term of this License as set set forth above. If the Licensed Facility deviates, in any manner, fofromchangesiit"C", ,from the Licensor s as herein stated, the Licensee shall notify and obtain approvalany in advance of any use. inate 2. Term. The term of this Lipense shall be from August ,2003 and provided. Licensee shallalbe eked to December 31, 2003, unless sooner terminated as herein enter the Licensed Premises on the effective dsubsequenthereof. a periods,License upon the same terms y be renewed and the mutual written agreement of the parties for 1 I" 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 p023 • , • N conditions as herein contained herein. A letter agreement including a request to renew this License shall be sufficient to extend this License for the subsequent period. This License may be terminated early as follows: • a. Either party may terminate this License for any reason or no reason whatsoever by giving thirty(30)days prior written notice; • b. Licensor may terminate this License for Licensee's material bmba�breach any constituting a the terms and conditions of this License, as provided herein, efault by Licensee under the License; and c. In the event Licensor becomes insolvent, of the Licensee dbankrupt, the Licensor hereunder shall terminate.may declare this License ended,and g 3. No Implied Waiver. No assent, express or implied,waiver any then breach. any onenr more of the agreements hereof shall be deemed or taken to be 4. Default. If any default is made by Licensee ended of thend ta agreements the containedePremises, shall be lawful for the Licensor to declare the termpying either with or without legal process, and to remove the Licensee or any other person r nn occup for p Licensed Premises, usi such ss the Lforce as icensed Premises free and clear of any rights y be necessary, without prosecution, secution, or for damages, and to of the Licensee. If, at any time, this License is terminated under this paragraph, the Licensee agrees to peacefully surrender the Premises u�� Premises,censor the immediate a shall be deemed the Licensee remains in possession o guilty of forcible entry and detainer, and,waiving notice, shall be subject to forcible eviction with or without process of law. 5, Abandonment. If the Licensed Premises are vacant to do so,part of the rent and without terminatreserved i g hereunder is not paid, the Licensor may, without 9obligated this License, retake possession of the Licensed Premises and rent the same to a third pairs aces rty, and es may be upon such conditions as the Licensormay onso received less all expenses of ma frthitsumchanges and desired, and give credit for the amount repairs. The Licensee shall be liable for the balance of the rent due hereunder. 6. Use Restrictions. Licensee's use the Licensed Premises for thLicensed the d Facility aws of the prohibited by all applicable laws and regulations, including United for Statesno purposesand the ordinances of the city, town or county in which and the State of Minnesota, the Licensed Premises are situated, and for no improper or questionable purposes, whatsoever, and to neither permit nor suffer any disorderly conduct, noise, or n 9nnce es Loving a tendency to annoy or disturb any persons occupying adjacent property. (a) not construct, erect or maintain any buildings, barns, sheds, permanent corrals, , structures, or other facilities of any sort on the Leased Premises, or plant any o r other foliage, unless approved in writing in advance by the Licensor, (b) allow no permanent storage of vehiclese nl��Licensed Premises,ioensed Premises r to permit any vehicles, trailers of storage facilities o P 2 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 P024 • which contain explosive or flammable liquids or materials other than normal fuel operation of the vehicles; (c) allow no riding of motorcycles, ATV's, or any other vehicles not specifically associated with the use allowed by this License on the Licensed Premises; and (d) allow no hunting or discharge of firearms on the Licensed Premises. 7. Licensee's Maintenance. Licensee agrees to: a)keep the Licensed Premises in a sightly condition at all times, all at the Licensee's sole expense;b)keep all sidewalks on and around the Licensed Premises free and clear of ice and snow; c)keep the entire Licensed Premises free from all rubbish,waste, dirt,debris, and obstructions of any sort; d)keep the Licensed Premises in a condition as required by law, including by the ordinances of the city, town or county in which the Licensed Premises are situated;and e)control all noxious plants and weeds to prevent seeding or spreading by use of mechanical means only. 8. Not to Record. Licensee shall not record this License and such recordation shall permit Licensor to terminate this License immediately without written notice. 9. Licensed Interest Only. This License does not convey an interest in real property. 10. Non Transferable Right. hi�its s all the not Licensed pass Prwith title to Licensee's personal or improvements and shall not 11. Licensor's Reserved Rights. Licensor reserves the right, at an time and from time to time, to make such use of the Licensed remises as it ma esire, at its sole discretion and for any purpose, in«udin•, but not Emited to truction o•eration or maintenance of its e - nc power generation, transmission or distribution and appurtenant facilities located or to be 01) located on the Licensed Premises. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to unreasonably interfere with the Licensed Facility. However, Licensor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the Licensed Facility, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Licensed Premises for the Licensed Facility, and the obligations of Licensee under this License shall not be affected in any manner. 12. Utilities. The Licensed Premises are vacant, "as is" and presently without utility services of any kind. Any such service to the Leased Premises shall be at the sole expense of the Licensee, including, but not limited to permits, licenses, fees and any associated costs of"hook- up," and must be approved by Licensor in advance. It is expressly agreed that the Licensor will not furnish any water,whatsoever,for any purpose incidental to the Licensed Facility. 13. Protective Ballards. Should any transmission towers, being a part of Licensor's utility facilities, exist on the Licensed Premises, Licensee shall install protective ballards to be placed around such existing tower(s), with a span of no less than 10-feet between the ballards and the tower(s), as further dictated by Licensor. 14. Liens and Encumbrances. Licensee shall keep the Licensed Premises free of all liens and encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises. 3 N0.741 We�� 08/25/2003 10:30 ECKBERG LAW 4 4902150 o • L . emo • ve at shall remove at its own e sense the Licensed ` / 15. Removal and Relocation. The Lice art thereo , or re ovate t e -v . - ddferen t acuity from the Licensed Premises, or any p location on the Pro•- as requ- e. .Y i e censor, ' the Licensed Fad' should interfere, in the /censor's sole and abso e 'sae ion, with t ee oepnera ion�e dLl maintenance se na c use the censor's oed facilities as now or herea er cons ru e•• n e Premises shou , in a reasona le judgment of the Licensort, constitute a haszard to the License s facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Licensed Facility to eliminate such interference or hazard, and may suspend the Licensee's right to use the Licensed Premises under this License until such removal, relocation, or modification is completed. 16. Non-Exclusive License. This License is issued subject to any prior licenses,easements, The leases, or other such rights granted by the Licensor for improvementsoof under,thepor les. the Property reserves thatnsameo shall not interfere nse others to install unreasonably with they Licensed Facility herein Property Prow authorized. 17. Disclaimer of Wain Licensee has condu l nditi its 000n investigation noes ithe gation and inspection of Premisesand the Licensed Premises and is familiar with the physics surrounding terrain, and is fully informed as to the tensed Premisng es and bytLicenseeiand no ons. L'censo makes no representation as to the suitability of the such representation, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. 18. 6lastlne Permission. The Licensee shall not do or permit to be done any blasting ea � or near the Licensed Facility on the Licensed Premises without first having underneath, give for permission from the Licensor. Any blasting shall be �nres ntaetr' presence 9 of a prior written representativehctin safety ohe cethe Lice nd sedFa�laty lloocaatted on the Licensed Premises. the protection or saf ty con ct and use ce sed 19. Distance and Hei ht Re uirements. The Licensee shall thesu Wised �dlth'iiy Linde the Premises to maintain the maximum distance be the Licensed Premises. If the Licensed Licensor's electric, natural gas, and/or railroad facilities, or other facilities located on the Licensed Premises, allowable by the height, width and terrain Facility crosses over or under the Licensor's electric, natural gas, and/or Notwithstanding the the Licensor as provided crossing shall be as directed by the Liven separations, as directed by the Licensor, shall be foregoing, minimum vertical and horizontal sept I maintained on all crossings and parallel encroachments. s ion Approval and Notification. The eicesed Facilagrees ty tha t It stall nnot begin 2n Construct Premises for the rst any constructionthe is the Licensed plans and specifications, and until such plans and specifications have provides the Licensor with been approved by the Licensor. The Licensee shalllcontact Mme eoMi�nstnatct'enoon tiieliLic System, Gopher One Hotline (651.454.0002)ocati prior tility faci facilities, in accord with applicable law. Further, if Premises to arrange sfor field locating ed the Licensor has constructed either natural gas or IN��l Gas department iat 651 229.3 or Premises, the Licensee shall contact the Intens working the Licensor's Electric Transmission Lines department on the Licensed Premises,landtunless waived by days prior to the commencement of construction said department, no construction shall be performed unless a representative of the Licensor is 4 k N0.741 Weeo 08/25/2003 10:30 ECKBERG LAW 4 4902150 • , 411 suc r ative present at the time and place of construction. The instructions f such irepreseflts es, relatingcento the safety of the Licensot's facilities will be followed by the a to facilities on the Licensed agents, contractors, invitees and other persons. Any damage repair Premises or Property as a result of the above construction shall be paid for or any oed at the ork expense of the Licensee. The provisions of this Paragraph 21 ispection lso removal, replacement, or y toinvolving construction, maintenance, operation, repair, relocation of the Licensed Facility on the Licensed Premises•fter initial on the Licensed Facility of Restoration event of resetting,the Licensee shall restore the surface of the Licensed iceen as and thereafter, in the eventcompacting any irregularities, reseeding, and/or e9 Premises by grading and compa g required to restore original conditions. Reimbursement b Licensee• The Licensee shall quarterreimburse borers, Licensor monuments 22. section comers, involved for replacing and resetting anyduring Licensee's use of the right-of-way markers, and reference points disturbed or destroyed Licensed Premises. 23. Pnetind o Lice se. A copy of this License shall be posted on the Leased Premises at all times during construction of the Licensed Facility. agrees and understands that if the 24. Licensor's Natural Gas Advisar� The Licensee distribution, or related Licensor has constructed natural gas gathering, storage, transmission, facilities on the Licensed Premises, the Licensee has been fullyadvised naithe Licensor ce rS�significant t such natural gas facilities may now transport and may continue pressures. The Licensee shall advise all of its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other personsnwho d enter upon the eer Licensed a era/gPremises, s m ses, lities pursuant to the provisions of this License, of the existence and the danger and risk involved. 25. Licensor's Cathodic Protection tem- The Licensee has been fully advised by the related anode beds- The Licensor shall not be Licensor that the natural gas facilities of the Licensor, if located on the Licensed Premises, may be subject to cathodic protection by rectifier an liable for stray current or interfering signals induced in the Licensed Premises as a result of e iia operating of the Lioensor's cathodic protection system. Licensor's Electric Power Advlso . The Licensee agrees and understands that if the 26. � on ated ities Licensor has constructed electric power generation, transmission, distribution,L censor el such electric the Licensed Premises, the Licensee has been fully advised y natsee shall advise ltl of its facilities may now transmit and may continue to transmit electric The current at significant voltages, and that the conductors on electric lines may not be in suppliers andeother employees, licensees, agents, contractors, subcontractors, the provis��ions of this License,of the persons who enter upon the Licensed Premises, p existence and nature of such electric facilities and the potential danger and risk involved. 27. Licensee to indemnif the term "Claims" means (1) losses, liabilities, andd (a) (i) As used in this License, , fees, (2) fines and penalties; ( ) expenses of any sort, including attorneys environmental costs, including, but not limited to, investigation, removal, remedial, 5 08/25/2003 10:30 ECKBERG LAW 4 4902150 N0.741 Weer . ,. • ' • and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. _ means (1) death, personal injury, or n As used in this License, the term "Injury" 3 dms ase or ayor ( ) damage; (2) loss of profits or other economic injury; (3) oral roherty (4)anyconsequential or other damages. threatened health effect, and (b) To the extent permitted by law, the Licensee covenants and agrees to at all timesagents, its directors, protect, indemnify, hold harmless, and defend the Licensor, employees, successors, assigns, parents, subsidiaries, and affiliates from any Injury allegedly s any or and all Claims arising from, alleged to arise from, o`a�elated to (1) this License; (2) actually occurring, imposed as a result of, arising oeration, repair, inspection, removal, the construction, existence, maintenance, operation, generation, transmission, or distribution; replacement, or relocation of the electric powerother di natural gas gathering, storage, transmission, or distribution; or any otherpersoutilityprfacilitiesce at located on the Leased Premises; or(3)the Licensee's or any the Licensed Premises as a result of or related to this License. hold harmless, and defend hereunder shall (c) The Licensee's duty to protect, indemnify, but not limited to: apply to any and all Claims and Injury, including, (i) Claims asserted by any person or entity, including, but not limited to,employees of the Licensee or its contractors,subcontractors,or their employees; Claims arising from, or all__eg_e_d to be arising in any way from, the existence at or(n) of (1) electric power generation, transmission, distribution, or related near the Property electromagnetic fields; (3) natural gas gathering, facilities; (2) electricity or storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5)any Hazardous Materials, regardless of origin;or (iii) Claims arising from, or.allga�-to be arising in any way from, the acts or omissions of the Licensee, its employees, licensees, agents, contractors, invitees and other persons. g, Termination Removal and Restoration• Upon the abandonment of the use of the 2 or any termination of the License as herein provided for,the Licensed Premises by the Licensee, the Licensee shall remove ail of License herein granted shall terminate. Upon rerncs se wrthrnbosixh+ (60) days from the date of the Licensed Facility from the Licensed grading and compacting termination, and shalt restore the or rev getation as required to Premises resto e the Licensedicense taking effect. nPremises oo o any irregularities,tie r misreseeding,' an the Licensed Facility and original conditionprior Premises shall be performed under the same trmLicensed conditions and restoration of the (60)dayfalto terms and conditions as the construction on the Licensed Premises. s s�`n thetid s�tyse shouldperiod, remove the Licensed Facility and restore the Licensed of the the Licensor may remove the same and restore the Licensed Premises at the expense Licensee. e 29. Liabil' and Workers' Com nation insuran nethe License of Two Million Dollars shall purchase and di maintain commercial general liability insurance coverage and will ($2,000,000.00), aggregate, and One Million Dollars ($1,000,000.00), each occurrence, 6 ► . • N0.741 D028 08/25/2003 10:3 ECKBERG LAW 4 4902150 namell Licensor as an additional insured, which coverage shall be evidenced by a Certificate of occupation of the Licensed Premises. The Insurance provided to Licensor prior to access to and Licensee further agrees to provide, keep in full force and effect, and requio a of l iswontracors or subcontractors, Workers' Compensation insurance coverage, pursuant on all employees entering upon the Licensed Premises. nced 30. Waiver of Subrogation. Licensee shall not maintain ct to tihe above timit Licensee's raiability under this coverage at all times. Such insurance coverage License. All of the insurance policies as requiredagainst Licensoror or any claim aile shall be endorsed �g out of this prior to the effective date of this License to waive subrogation License. 31. Com Hance with Laws, Rules & Rei+ulatio`ns±At itsole so eUcost and s, expen lzatse, ionces� shall give all necessary notices and obtain all q permits, nd approvals and shall comply and ensure that all of its employees, licensees, contractors, federaants, contrastate subcontractors, invitees, suppliers and other persons comply with all applicable to and local laws, ordinances, governmental rules and regulations ns relative elate eattontof the Licensed c Premises and the Licensed Facility, including those relating ordinances, the anc health and safety, employment laws, environmental laws, zoning, Licensee shall regulations and those within the 4�xlevied ptonal Safety and ied thereunder against Lienserd Act eSesulting from its acts be liable for any fines or assessments or omissions hereunder. Covenant Not to Sue. Licensee,for itself iandt its representatives, hereby e a ned covenant not to see's - or bring any action (whether legal or not eagaonfsLice see Licensor i srInjury empfoyees, licensees, agents, person and property or the person and propertyf or contractors, invitees and other persons due to or in an actie vities_andn out presence in anda due direct or in•irectl with the Licensed Facility and associated icensed Prerruses_ Except with the express written permission of the Licensor, the 33. Hazardous Materials. to be brought Licensee shall not bring onto the Licensed Premises, or permittrought onto theed Licensedby the Premises, any hazardous or toxic substance or material (including pe State of Colorado, the United States government, or any other government authorityee brings $ applicable jurisdiction ("Hazardous Materials"). In the ren�iissi� of thee �Cen�)the Licensee Materials onto the Licensed Premises (with or�Out an permission gulations of federal, state, and local shall comply with all applicable laws, ordinances, governmental agencies related to such Hazardous Materials. Te Licensee othalle L remove such Hazardous Materials from the Licensed Premises immediately uponrequestcleanup, removal, e r Licensee shall bear all costs related r to environmental investigation, ,induding,abut not limited restoration of any water, air,groundwater, of to, the Licensed Premises, incurred as a result of the epreseoc of tuLicensee,uss employees, on the Licensed Premises, or arising out of the acts and other persons. licensees, agents, contractors,subcontractors, invitees, suppliers 34. Licensee's Sole Risk and Expense. Licensee gees that use of tthe Lsceubcantrnsed Fato�. by the Licensee hereunder, or its employees, lice invitees, suppliers and other persons, shall be at the sole risk and expense of Licensee. 7 08/25/2003 10:3 ECKBERG LAW 4 4902150 N0.741 P029 . 35. Costs. Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any manner associated with this License. 36. Security. Licensee shall provide all security necessary pursuant to this License, including that necessary for its vehicles, improvements, equipment, supplies and facilities, and Licensor shall have no liability for any injury, loss or damage arising out of Licensee's failure to properly provide such security. 37. Condemnation. In the event of a condemnation or other taking by any governmental agency or other party, all proceeds shall be paid to the Licensor hereunder, the Licensee waiving all right to any such payments. 38. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid registered mail. Notice shall be deemed communicated only when received either personally by the party to whom notice is to be given or when received by registered mail at the address of such party as herein provided: To Licensor: To licensee: Northern States Power Company City of Bayport h, d/b/a Xcel Energy 294Bayport, MN 55003 Attn: Corporate Real Estate 414 Nicollet Mall Mezzanine Minneapolis, Minnesota 55401 39. Assiclnment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or nysportiohail n of a�void and shall hts,duties or obligations Licensor this License. Any such transfer or encumbrance to terminate this License immediately without written notice. 40. Amendment, This License may be amended only by a written Amendment signed by both parties. 41. Relationship of Parties. Nothing in this License shall n ein interpreted orLicesends Facility� as a partnership or joint venture between Licensor and Licensee 9 the Licensed Premises. 42. Governinn Law. This License shall be constrUed in accordance with and governed by the laws of the State of Minnesota. 43. Counterpart Execution. This License may be executed in two original counterparts,each of which shall be deemed an original of this instrument. IN WITNESS WHEREOF,this instrument has been executed the day and year first above written. 8 08i5i2003 10:iii, ECKBERG LAW 3 4902150 N0.741 D030 LICENSOR: NORTHERN STATES POWER COMPANY, d/b/a Xcel Energy Gina L.Bulloch Director, Corporate Real Estate Agreed to and accepted by the Licensee this August,2003 LICENSEE: City of Bayport,a municipal corporation By: Name Title Street Address City,State,Zip Area Code and Telephone Number 9 • ~R* MIDDLE ST. CROIX RIVER WATERSHED ...-st MANAGEMENT ORGANIZATION mg:IPA 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext.21 wiN. x . 1' Stillwater, MN 55082 Fax: 651-1254 � d of ten Croix alley A Joint Powers Watershed ManagementunderSt to Statuten103B toscooperat velyt manage Vwater ..-. Communities that was established �� resources within the watershed. `t LETTER OF TRANSMITTAL DATE: December 5,2003 TO: Middle St. Croix River Watershed Management Organization FROM: ` Bob Fossum RE: December 11,2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: _ Fax: --- DESCRIPTION 111111111111.Agenda Item Agenda—December 11,2003 MSCWMO meeting Mill Minutes-.Draft minutes for the November 1202003 Board d meming eeting Approved minutes for October 9, 03 A..roved minutes for October 30,2003 Board meetin: 4.b.a Summary table of existing Ordinances and suggested MSCWMO review standards Request for Legal Services Mill MSCWMO Board Members: Please call me with any additional agenda items or agenda changes at 275-1136, ext.21. Sincerely, e....,------ i trA,----- Bob Fossum cc: Dawn Hilde,EOR,Inc. Konrad Koosmann,WCD Middle St.Croix Watershed Mana ement Or anization West Lakeland Township MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and Regular Meeting Agenda Ill • Middle St. Croix Watershed Management Organization December 11,2003 Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1, Call to Order 2. Approval of Minutes a) November 13,2003 Minutes 3. Treasurer's Report(Anders Hansen) a) Report of Savings Account, Assets . b) Approve payment of bills 4. Old Business a) Update of Lobbyist Fees for Bonding b) Watershed Management Plan a. Ordinance Summary and suggested review standards 5. New Business a) Legal Services,RFP for Attorney b) Croixdale Residence and Apartments,Bayport c) River Crossing Scoping Document d) Loramere,West Lakeland Township 6. Other Agenda Items 7. Adjourn Middle St. Croix Watershed Mana.ement Or.anization MEMBER COMMUNITIES: s Point,Stillwater and West Lakeland Township Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary' 1 , ill • Middle St. Croix Watershed Management Organization November 13,2003 WCD Offices DRAFT 1, Call to Order Meeting called to order at 7:00P.M.by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen,Lake St. Croix Beach; Anders Hansen,Baytown Township; Jim Gilles,Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights;Robert Kamps,Bayport. Absent: Jo Ella Givens, Lakeland Shores, Judy Bellairs, St. Mary's Point,Afton Others in Attendance: Dawn Hilde,Recording Secretary,Konrad Koosmann,WCD, Jeff Davis, SEH • 2. Approval of Minutes Manager Jansen made a motion to 3 prove amended minutes for erOctobem 39, 2003 and S.ecial Meetin. October Vote: 7/0 3. Treasurer's Report—Anders Hansen • Manager Hansen presented a bill to be paid from WCD for$504.46 and a secretarial bill for$105.00. The bank balance is $84,595.71. Manager Beaudet made a motion to •a the bills and acce.t the Treasurer's re.ort seconded by Manager Jansen. Vote: 7/0. 4. Old Business Current Status a. State Storm Sewer Project,Budget Report, The bid for the current storm sewer project is $72,817 Because of f the dewatering work there was no need forthe rock base— approximately $20,000. There also was$20,000 in the budget for contingencies. At this time$59,391 has been expended on Stage III. There is $56,609 remaining. The contractor has started to move his majorequipmion equipment off work. site but the contract will remain open until spring for The items left to address on this project are Operation and Maintenance Guidelines and Design III. Manager Beaudet requested Oak Park Heights be copied on the Operation and Maintenance Winter Guidelines. Minutes for the MSCWMO Meeting November 13,2003 Page 1 of l II IP . The MSCWMO spent some time looking at the alternatives and costs for the routes of Phase III. Manager Jansen mentioned sometimes the state has money available to buy houses in flooding areas. Jeff Davis asked for permission to spend the remaining funds to study Locations A& B for Phase III. Mana.er Jansen made a motion to a. •rove the stud of Location A as well as Location B within the .116 000 in funds available seconded byManager Beaudet. Mana.er Beaudet made a friendl amendment to the motion to s•end u• to 98% of available funds. Manager Jansen acce•ted the amendment. Mana,er Beaudet made a second friendl amendment to have SEH's modeler include a 2-inch •er hour and a 1.5-inch •er hour rainfall in the mode not to exceed '.300.00. Manaaer Jansen acce•ted this amendment. Vote: 6/1 Manager Beaudet feels it is important for the Bayport and Oak Park Heights Councils to lobby for this project. • b. Watershed Management Plan Bob Fossum will present some suggested/draft performance standards or review standards at the December meeting. The first draft of the rd Generation Plan will be presented to the MSCWMO at the January meeting. 5. New Business a. Legal Services,RFP for Attorney Manager Jansen is working with Bob Fossum to draw up an RFP for legal services. The RFP will go out the week of November 17, 2003 with a deadline for submittal of January 4, 2004. b. Croixdale Residence and Apartments, Bayport Bob Fossum will be reviewing the plans in the near future. The Croixdale Residence is not interested in connecting to the storm water pipe at this time. There was some concern about the lowest floor level being 705.5. 6. Other Agenda Items The next meeting will be December 11, 2003 at the WCD. Minutes for the MSCWMO Meeting November 13,2003 Page 2 of 2 S • There is a new development being pursued in West Lakeland called Loramere. John McPherson asked if the MSCWMO thought it should be reviewed. Konrad suggested Bob Possum do the review. 7. Adjourn Manager Kamps made a motion to adjourn the meeting, seconded by Manager Hansen. Vote: 7/0 Meeting adjourned at 8:15P.M. Respectfully Submitted, Dawn Hilde • • • Minutes for the NISCWMO Meeting November 13,2003 Page 3 of 3 • Middle St. Croix Watershed Management Organization October 9, 2003 WCD Offices IAPPROVED I 1. Call to Order Meeting called to order at 7:00P.M.by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights;Robert Kamps, Bayport. Absent: Jo Ella Givens, Lakeland Shores, Judy Bellairs, St. Mary's Point,Afton Others in Attendance: Dawn Hilde, Recording.Secretary, Bob Fossum,WCD,Ed Cain, Lobbyist, Jeff Davis, SEH 2. Approval of Minutes Manager Hansen made a motion to approve amended minutes for September 11,2003, seconded by Manager Beaudet. Vote: 7/0 3. Treasurer's Report—Anders Hansen Manager Hansen presented one bill to be paid from WCD for$837.69. The bank balance is $85,432.72. Manager Nelson made a motion to pay the bill and accept the Treasurer's report, seconded by Manager Beaudet. Vote: 7/0. 4. Old Business a. Perro Pond Outlet Jeff Davis, SEH, stated City of Bayport has approved Phase III. The negotiated delay fees were $36,346.00. Jeff used the Corps of Engineers figures for standing equipment. The revised finish date is November 25, 2003. The dewatering is working so well there will be savings in materials. b. Ed Cain Ed Cain read a draft Letter of Notification for the Stormwater Project. There were two grants for the Stormwater Project. There has been a payout from the construction grant for part of the preconstruction expenses. Mr. Cain requested his Letter of Notification be sent out to clarify this issue. Manager Beaudet made a motion to approve the letter,Manager McPherson to sign and Bob Fossum to mail, seconded by Manager Kamps. Vote: 7/0 Minutes for the NISCWMO Meeting October 9,2003 Page lofl • • Manager Beaudet asked Ed Cain to estimate the costs for lobbying for 2004. Jeff Davis asked the MS CWMO to invite the close subwatersheds to a meeting to discuss the alternatives for Phase III. He would like the group to narrow the alternatives to two. He specifically suggested Bayport, Baytown Township and Oak Park Heights.Manager Beaudet made a motion to have a Special Meeting on October 30th at 7:00, WCD, to discuss Phase III routes, seconded by Manager Kamps. Vote: 7/0 Manager McPherson asked Jeff Davis to present the balance left in both grant accounts at the next meeting. He agreed. 5. New Business a. South Washington Groundwater Study Bob Fossum reported the following major contributors for the South Washington Groundwater Study: Ramsey Washington-$10,000 South Washington Watershed-$25,000 Valley Branch Watershed -$25,000 Manager Beaudet made a motion to contribute$2100 in-kind to this project, seconded by Manger Gilles. Vote: 7/0 • b. Budget Letter for Jane Harper Bob Fossum prepared a response letter on the MSCWMO budget to Jane Harper. He explained the differences in the budget between 2003 and 2004. The 2003 budget was higher because of the watershed plan. The large storm water project sponsored by the MSCWMO is being paid for by the State of Minnesota. Manager Nelson felt Bob's letter expressed exactly what the MSCWMO wanted to say. Manager Beaudet made a motion to approve the letter with corrections, Manager McPherson to sign and Bob to fax it to Jane Harper,seconded by Manager Gilles. Vote: 7/0 Bob Fossum asked if two or three managers could attend this meeting on the 28th of October. There will be two or three representatives from the MSCWMO at the meeting. c. RFP for Legal Services Manager Jansen feels the MSCWMO should have an attorney on retainer. Manager Gilles suggested sending out an RFP for legal services. Manager Beaudet requested the RFP state the attorney should not be representing any of the member cities for the MSCWMO or any of the adjoining watersheds. Manager Beaudet made a motion to send out an RFP for Minutes for the MSCWMO Meeting October 9,2003 Page 2 of 2 i • legal services with the suggested changes,seconded by Manager Kamps. Vote: 7/0 6. Other Agenda Items None. 7. Adjourn Manager Hansen made a motion to adjourn the meeting, seconded by Manager • Jansen. Vote: 6/0 Meeting adjourned at 8:15P.M. Respectfully Submitted, Dawn Hilde • Minutes for the MSCWMO Meeting October 9,2003 Page 3 of 3 Middle St. Croix Watershed Management Organization October 30,2003 WCD Offices Special Meeting APPROVED 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Jo Ella Givens; Lakeland Shores, Judy Bellairs, St. Mary's Point, Afton Others in Attendance: Dawn Hi1de,Recording Secretary, Bob Fossum,WCD, Jeff Davis, SEH The reason for this special meeting was to choose two possible sites for Stage III of the storm sewer project. Jeff Davis, SEH,presented four alternative locations for Stage III of the storm sewer project. Location A would go to the river through the Andersen property. The aesthetics of the creek would remain the same. Andersen's has expressed an interest in cooperating with the MSCWMO on the easement issue. Jeff Davis suggested something be done at Location A even if the final location for the drainage to the river is one of the other choices. Each of the four locations was discussed thoroughly. Locations C and D would have to cross over an Xcel pipe. The approximate costs for Location A would be$1.4 million. Manager Hansen made a motion to approve Location A, seconded by Manager Kamps. Vote: 7/0 Ed Cain is still working with Congress and Corps of Engineers to secure funding for a flooding study that includes Bayport. Minutes for the MSCWMO Special Meeting October 30,2003 Page 1 of 1 Manager Hansen made a motion to adjourn the meeting, seconded by Manager Beaudet. Vote: 7/0 Meeting adjourned at 7:50P.M. Respectfully Submitted, Dawn Hilde • Minutes for the MSCWMO Special Meeting October 30,2003 Page 2 of 2 • • REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES ISSUED BY THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION November 20, 2003 1. Introduction The Middle St. Croix Watershed Management Organization (MSCWMO) is a joint powers commission established under the provisions of Minnesota State Statute 103B to cooperatively manage water resources within the watershed. The Watershed is located in east-central Washington County and covers approximately 19.4 square miles. It drains into the St. Croix River via several parallel drainages. The Watershed includes portions of the Cities of Stillwater, Oak Park Heights, Bayport, Lakeland, Lakeland Shores, Lake St. Croix Beach, St. Mary's Point, and Afton along with Baytown and West Lakeland Townships. 2. Solicitation The requested legal services provided to the MSCWMO include,but are not limited to; 1) assistance with the completion of a second generation plan, 2) assistance with the implementation of a permitting and plan review program and, 3) advising managers of legal options for various projects and studies as requested by the managers. 3. General Instructions Firms/Individuals interested in providing services to MSCWMO shall submit eleven (11) written copies of their qualifications. The Middle St. Croix Watershed Management Organization on or before 4:30 P.M., January 5, 2004, will accept qualification statements. Submittals should be sent to: Middle St. Croix Watershed Management Organization Attention: Bob Fossum 1380 W. Frontage Road,Hwy 36 Stillwater, MN 55082 Qualification statements received after this time will not be considered. Prospective responders who have any questions regarding this "Request for Qualifications" may contact Bob Fossum, (651) 275-1136, ext. 21. 4. Qualification Statement Content Firms/Individuals are requested to include in their qualification statement, the following information in the order listed: a. A brief summary of the firm's/individual's qualifications. b. Name and phone number of the person designated to answer questions about the qualification statement. Middle St.Croix Watershed Management Organization—Legal Services RFQ 11/20/03 • c. A specific list of the individual(s) who would be assigned to work and manage MSCWMO projects, their proposed responsibilities, background, years of experience, and their previous experience in servicing watersheds. d. Hourly fee schedules by labor type. e. Submittals may not exceed 10 pages in length. Submittals that exceed 10 pages in length may not be considered. 5. Selection Process Because the MSCWMO manages St. Croix River riparian, and bluff land, and many other unique resources, selection will emphasize criteria that indicate a firm's/individual's experience and knowledge of integrated resource management approaches to watershed management. Qualification statements will be evaluated by the Board of Managers and ranked based on the following criteria: 1. Experience with watershed management organization law. 2. Ability to work with the public, regulatory agencies (including DNR, ACOE, NPS) and other stakeholders and the ability to communicate effectively with the MSCWMO Board of Managers, and WCD staff. 3. Permitting, plan review and environmental assessment experience. 4. Locally based firm with the ability to respond to emergency situations in the watershed or situations that would require immediate attention. 5. Local knowledge of the Middle St. Croix Watershed and other watersheds in the region. 6. Attorney should not represent member cities or townships or adjacent watershed management organizations. 7. The MSCWMO Board of Managers anticipates making a decision, within 30 days,based upon the submittals. However, at their discretion, they may choose to conduct interviews after reviewing the proposals. Middle St.Croix Watershed Management Organization—Legal Services RFQ 11/20/03 The following table is a very brief summary of the existing ordinances of the 10 member communities governing 3 major categories of management of interest to MSCWMO: Stormwater, Grading and Erosion Control, and Wetlands. Also included for comparison are Washington County ordinances and BCWD and VBWD rules. The final row in the table are draft standards for the MSCWMO as suggested by the Wash. Conservation Dis40 trict. Stormwater Grading/Erosion Control Wetlands Water Rate Control, Volume Erosion and Setbacks Steep Slope Direct Stormwater Filling(C) Wetland Quality (various Control Sediment (Building/ Building Prohibited Setback/Buffers Standards magnitude Control Plan Septic),Min Prohibition storms) Required Low Floor When: • y., .. stl ® iiiir #if cis s s e, < r9 t � #g. :,.',:':'r'''''•44r,•$itigli,:t,,ti,t'f,451,11•,„„E'Mf:-"H;,H.,t1)'JMYEr:arA.A,-,hi,'AIIMIW't<P''' . ,..';got''' , • sy .^<,Elkigplifiggfpg - 'S p s »��^-� � .•,�. / 4 '"n ,:� Vii. ;a.f 5 .4�'>�, � �*�` � a y � „. ., ... . 1,76';',.k"'""111-"Al'° ""I'''"64114fogie4r4-10'."1:S *.ri > ..� ,.�s o" w;,� w;;ka� ,�S``Y� ,. '�;� 3�, W�h�F �'•.� •. ,„ ti�a�� ra� <,:� 3}�' '�:=. . „� �,.;� �a ,� ,—€:n.��;°a •:x." <. Bayport NO 2, 10, 100 year NO if runoff ** Not> 18% Yes WCA NO, 16.5 feet leaves site legocr, , . .A •r y £w's r . ; _ "?r_ c .'r G y,, s r q. ',,,,,';':'/';',” Lake St.Croix NO NO NO >10,000 sq ft NO Not> 18% NO WCA NO Beach � s ',';';'''''' %i'; ud t ' " " set % r :� a s✓ ;9 " 1,4 ; ,•'''' -4-""0"-- ,.. .''' y. # �a3 '" ri; y ....v.;,#,-..,....-4,',...'„gory' `�.. £ t T r �*' t r � � :-;„,,,t;',4.,., fit' � <�0,,,-;,,,-.--?:-.,,, � ',,,,4*-:. �� � r''--:--::' � €`, Lakeland Shores NO NO NO NO NO NO NO NO NO • r�r. WCA - ( P. eights�, " " 1(1 :1� far�� ��"�s(��� ' •1 i;OdO sq � } . r _ /' � ,z . „m':$°'''-`,-,,,,,;',A•011:, 7 h �> } 1 OOy„�floo 4i4,-'4,',- ;mac � ,, y ".,,. 3 y �a-ta s4 i. St Mary's Pant NO NO NO NO NO NO NO WCA NO ti. ,,. 3 ��n ,,. p "8% Y+ s',,),):0;;',--„.!1' WCA '50 foot`�etbackl bate ,11 100 =NCi 50 cu yrds ,,,,,,, •,.,•4T.,<:::,a '19 t 1 � • o� foot ��r �' y � - ,. • • fr7kt k ;a .r�' COIit t kee �' 4 duff 4?ft, West Lakeland NO NO NO NO NO NO NO NO NO Township • ° •d hf, to s "� 11t far Y , ” sq e t es--50/75 '1 ° °fu ' ?CA 0 eet/l6 t T�c,�� ounty, '�€ cx Ya ,y ,-'F3" >50 cu yrd SW Pond 1" 5 conditional, •0, :, .-.4,10P1-. ..,'„.,,,,..--!' trea1,ju . g • 0/15 r t _ ' kP z 5 t: i t ., a s e 100 yr r. .. iii{e �,,, ,. ..,.fie.,., <;, a° Y , ., ,��;;, , '. .,,?. 'I - " BCWD 170-250 1.5, 10, 100 Yes >5,000 sq ft or MLF--2' 100yr NO Yes WCA NO/25-150 feet ppb year >50 cu yrds ' des WG NQ 4 ee0• ,/ des lt}, (1t acre � {ldyr � '4,-- -"--, . 'E,. , 'a Eos ... v- ' , Recommended General 2,10,100 yr rate NO 50 Cubic MLF 2' No building on No direct discharge WCA Buffer 20 feet to Review Standards Standard control yards of above 100 yr slopes>18% to wetlands/water ALL water bodies (12/5/03) listed by provided materal or water bodies w/o MPCA, 10,000 sq ft of elevation,bluff treatment NURP,no disturbance -40' numeric 6 standard A=Oak Park Heights is in the process of adopting a Wetland Ordinance,at this time it has not yet been adopted B=Volume control required only if the runoff created is greater than provided for in the Stormwater Management Plan C=Most communities differ to the Wetland Conservation Act(WCA)for any wetland filling issues • MIDDLE ST. CROIX RIVER WATERSHED c MANAGEMENT ORGANIZATION . + 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. December 15, 2003 Eric Johnson, Administrator, City of Oak Park Heights City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: Lobbyist Fees for State of MN Storm Sewer Dear Mr. Johnson: At the December 11, 2003 meeting of the Middle St. Croix Watershed Management Organization, the lobbyist fee for the State of MN Storm Sewer was discussed. After much discussion, Les Abrahamson, the representative from Oak Park Heights, suggested that representatives from MSCWMO be present at the December 30, 2003 council meeting of the City of Oak Park Heights to further discuss the issue. Please consider this an official request to be placed on the agenda of the next Oak Park Heights Council meeting. Please call me with any questions you may have at 651-275-1136, ext. 21. Sincerely, ob ossum MSCWMO Administrator cc: MSCWMO Representatives (10) Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION I �1 OIL 1380 West Frontage Road, Hwy 36 Phone:651-275-1136,ext.21 ��� Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. LETTER OF TRANSMITTAL DATE: December 15, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: Oak Park Height's City Council Meeting WE ARE SENDING: Via Mail: X Courier: Fax: DESCRIPTION 1 Copy of letter requesting time on OPH's Council Agenda MSCWMO Board Members: The letter included is the official request for time at the December 30, 2003 Council meeting for the City of Oak Park Height's to discuss the lobbyist fee for the State of MN Storm Sewer Project. As was discussed at our meeting last Thursday, Ed Cain, John McPherson, and Bob Kamps will attend on behalf of the MSCWMO. If possible other member should attend as well. The meeting will start at 4pm, December 30, 2003. Please call me with questions at 275-1136, ext. 21. Sincerely, Bob Fossum cc: Ed Cain, Legislative Associates, Inc. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township /12/2003 ,3:19 FAX 202 47U 4J54 , • • LEGISLATIVE ASSOCIATES, INC. P.O. Box 2131 Stillwater, MN 55082 (651) 1(65) 303-5242439-7319 ec7453@aol.com FACSIMILE TRANSMITTAL Fax No. fr 4_111—f. To the�Attention of: ...411, ---"1: 16 'title: Phone No. Organization: Address: City,State,Zip Code: * * * * * From: ijR,. Date: • Nnmber of P es (including cover sheet): 7 ti. Subject: Comments or Message: * * * * * * * If this transmittal is not being received propeiiy, please contact the sender at one of the phone numbers listed above. 11/12/LUU3 1.3:LV,r.LA cut Si 9J4.14 an1.41 ` • • Legislative Associates, Inc. nor 3otb Street,Suite 500 P.O. 2 W asbir+gtrny D.C.10007 Stillwaatt er,M MN 55082 � 0011625-4356 (65x)(60 November 11, 2003 Fax(zo2)615-4363 Fax(65x)439-7319 To: Mike McGuire, City Administrator City of Bayport Fiscal Agent, State Prison Storm Sewer Project cc: Jeff Davis, SEH Project Engineer From: Ed Cain, LAI Subject: Projected Tasks, Actions, and Estimated Time/Budget for the Funding of Stage 11(b) of the State Prison Sewer Project at Bayport in the 2004 Session of the Minnesota Legislature Tasks to Be Completed by the End of the 2004 Session Estimated Hours Objective: To obtain an estimated $2.1 million in State funds for the completion of the State Storm Sewer Project at Bayport, MN. 1. Maintain communications with the Project 10 hrs. Administrator, and the MSCWSO Board as the work progresses, and information is received from the Committee leadership, Agency officials, and the Governor's Office. 2. Meetings with PFA, WLF, and Depts. of Administration and 4 hrs. Finance administrators to determine the projected allocation of funds by the Legislature in the 2004 Session and budget requests by the State, and to coordinate our request with their legislative actions. 3. Work with Department of Finance and Department of 4 hrs. Administration officials, prepare needed materials, and make outside contacts in an effort to reinforce our position that Stage H of the storm sewer project must be funded in the 2003 Session, and it is the continuing responsibility of the State. 4. Work with Department of Corrections officials to gaintheir 2 hrs. support, or at least,temper their objection to the project, determine the location of funds, and to obtain construction funding in the 2003 Capital outlay budget. (1) 11/1 ZUUJ rna Luc y,a '14 4.1%, ...••,h••••• 4,s Ia. ..•.- maw • • 5. Work with Mike McGuire and WMO Investment Committee.pration 10 hrs. for any visits by the HouseCapital 6. Schedule meetings for the Mayors or the tCommittee,Administrator Senator4 hrs. Chairman of the Senate Capital Investment Keith Langseth. 7. The basis for our request is the imminent danger of 4 hrs. flooding to homeowners along Perro Creek,the roadways around, the Prison Pond, Andersen Window property, and other areas. The potential flooding issue requires working with, and the support of DNR Waters Division. 8. Work with House and Senate Committee 52 hrs. chairs and staff to assure the information needed is provided in the Hearings and throughout the Legislative Session 9. The following House and Senate Committees will be involved in the approval process for the$1.55 million request we will be making. While all of the following Committees may not require a hearing, most probably will. In the event there is no hearing,then individual meetings with the leadership of those committees must be arranged. The House and Committees that must pass the request includes the following: House Judiciary Committee House Judiciary-Finance Division House Economic Development and International Trade House Economic Development and International Trade-Finance Division House Environment and Natural Resources House Environment and Natural Resources- Finance Division House Capital Investment Committee The Senate Committees that must approve the request includes the following: Senate Crime Prevention and Judiciary Committee Senate Crime Prevention and Judiciary Budget Committee Senate Jobs, Energy, and Economic Development Senate Economic Development Budget Committee Senate Environment and Natural Resources Senate Environment and Agriculture Budget Committee Senate Bonding Committee (2) 11/1'L/LUUJ 1J:Lv rein eve _ • • � 10. Setup as many hearings as needed with the Leg' and Finance Committees during the 2003 Sessislative 12 hrs. on. Our issue us complex, not the type hear. The more familiar theYbecorn,the they and ojectins we have to overcome. 11. Work with Project Administrator, the Middle St. Croix 12 hrs. River WMa�the preparation testimony materials to be pr � fCommrtteeChairs and staff. 6 hrs. 13. Work with the Governor's staff,Nand Dept. of and aFinance Economic Development, to reduce opposition to the funding of the State Sewer Project It is not in the Governor's budget, consequently, it will be opposed. 10 hrs. 14. Work with theRo nsa r'snlanguage n9uage both Hoand Senate use and Sch enate to prepare th bills for introduction. 15. Prepare materis for confirmations, reports and letters afts andereac+ p 20 hrs. meeting. 16. Keep Senate and House Research lawyers 10 hrs. and Committee staff involved in the process throughout the Session.. 17 Check Committee schedules and attend all scheduled and 40 hrs. special meetings of all committees involved in the process 18. Attend all Conference Committee sessions, provide materials 40 hrs. to Members, discuss the issue with them, resolve problerns, and negotiate issues with the Members to get their vote aid support 240 Hours ►�IIn Costs for Services for the WMO, 1:1100:9-0 • Fees will be assessed on and hourly basis for work on the State Storm Sewer Project will begin December 1, 2v , and o wi ande hroughout the 2004 Minnesota State Leg' not exceed the estimated cost of$10,000. • No additional charges will be made for supportstaffsalaries, ri printing and binding expenses,travel, meals, copying printing,related to office expenses including computer time, p g, telephone,fax, and cell phone costs. • LAI will work closely with the WMO Board,the Mayors of the Cities represented in the WMO,the Project Engineer, and the Administering Agent(City of Bayport.) Regular personal communication and monthly written reports and invoices for services will be provided by LAI. (3) 11/12/2003 13:21 FAX 202 479 4353 HOLIDAY INN CAYtluL • • `'•••,. Signature Page: Rick Schneider, Mayor Date City of Bayport the As the Administering Agent Middle St. Croix River Watershed Management Organization Sewer Project Mike McGuire, Administrator Edwin E. Cain oat MiddlSt. CWatershed P cd Legislative Associates sociates State Storm Sewer Project Stillwater, MN Bayport. MN (4) SEP-08-2003 MO 11 50 AM CITY OF BAYPORT 6514397188 P. 01 Minnesota Campaign Finance and Public Disclosure Board CERTIFIED MAIL September 5, 2003 51.05 City Administrator Middle St Croix Watershed Organization City of Bayport, City Hall 294 N 3rd St Bayport, MN 55003 Subject: Second Notice of Failure to Pay Lobbyist Principal Fee . Dear City Administrator: • The Campaign Finance and Public Disclosure Board youu onJee by une 30l,and As August t4, 2003, that each Lobbyist Principal was required pay Y afi the payment on behalf of your association (the principal) has not been received in the Board office. Board records show that one or more obY' as y'the$50 fee during fee is represent2002 to add t on to tthe association,therefore the associationis required to pay fee owed by lobbyists. Please pay the fee now by check or money order payable to the State of Minnesota. Mail Cedar ailor deliverrS the Paul to the Board office writet your association: Suite 190 ennial Office nam on the check or money order for Street, St. Paul, MN 55155. Please proper credit. I remind you that a late payment fee began on August 29, 2003. Additionally,the pato ey of up provides that if the fee is not paid by September 17,(the Board may impose to$1,000 for failure to pay. Please contact me at 651-296-1721 or 800-657-3889 if you have questions about this notice or ... .-.. the need to pay the fee.. . Sincerely, _.. --- gkoom-rut-• 69/(000%--- 7671 Date *, .0 3 pages Jeanne Olson post.It�Fax Note d Executive Director f, o co. colDept. Q ... phone# phone# / Room 190 • Centennial Office Building • 658 Cedar Street • St. Paul, MN 55155-1603 013574114 • 6511296.5148 • munication9 • FAX 6511296-1722 •cont us through the Minnesota Relay Service at�800/627-3529 x For TTY/TDD common AN EQUAL OPPORTUNITY EMPLOYER • Minnesota • r Ca. ar ii Finance and Public Disclosure Board August 14, 2003 CERTIFIED MAIL E a Wendy Lindquist Middle St Croix Watershed Organization 5105 City of Bayport, City Hall 294N3rd St Bayport, MN 55003 ' 2Z Subject: Notice of Failure to Pay Lobbyist Principal F "Fti• 1.- v. Dear Wendy Lindquist: The Campaign Finance and Public Disclosure Board notified you on June 30, 2003, that legislation passed during 2003, imposed a $50 fee on each Lobbyist Principal. Payment of the$50 fee was due August 1, 2003. As of today, the payment has not been received. Your association is required to pay the fee because one or more lobbyists were registered to represent this association for all or part of 2002. You are advised that if you do not pay the fee within ten (10) business days from the date of this letter, a late payment fee of$5 per business day will begin to accrue. Please pay the fee now to avoid a late payment fee. You may payable to the State of Minnesota and mail or deliver the payment tohe the Board office at: Su to 190 order Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155. Please write your association name on the check or money order for proper credit. If you have questions about this notice or about the need to pay the fee, please contact Jeanne Olson at 651-296-1721 or 800-657-3889. Sincerely, pPis- Jeff Sigurdson Assistant Executive Director Room 190 • Centennial Office Building • 658 Cedar Street • St. Paul, MN 55155-1603 651/296-5148 • 800/657-3889 • FAX 651/296-1722 • 800/357-4114 • cf.board For TTY/TDD communication contact us through the Minnesota Relay Service at @state.mn.us AN EQUAL OPPORTUNITY EMPLOYER • Regular Meeting Agenda • Middle St. Croix Watershed Management Organization November 11, 2003 Washington Conservation District (Located in River Heights Plaza, Stillwater, next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1. all to Order 2. 26 :proval of Minutes (a) October 9, 2003 Minutes ,b October 30, 2003 Minutes 3. ) surer's Report(Anders Hansen) i Report of Savings Account Assets /� �/b) Approve payment of bills 4. Old Business State Storm Sewer P •'- _ _ • - : - sort, Current Status Watershed Management Plan 5. New Business Legal Services, RFP for Attorney • Croixdale Residence and Apartments, Bayport 6. Other Agenda Items 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Middle St. Croix Watershed Management Organization October 9,2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Jo Ella Givens, Lakeland Shores, Judy Bellairs, St. Mary's Point Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum,WCD, Ed Cain, Lobbyist, Jeff Davis, SEH 2. Approval of Minutes Manager Hansen made a motion to approve amended minutes for September 11,2003, seconded by Manager Beaudet. Vote: 7/0 3. Treasurer's Report—Anders Hansen Manager Hansen presented one bill to be paid from WCD for$837.69. The bank balance is $85,432.72. Manager Nelson made a motion to pay the bill and accept the Treasurer's report, seconded by Manager Beaudet. Vote: 7/0. 4. Old Business a. Perro Pond Outlet Jeff Davis, SEH, stated City of Bayport has approved Phase III. The negotiated delay fees were $36,346.00. Jeff used the Corps of Engineers figures for standing equipment. The revised finish date is November 25, 2003. The dewatering is working so well there will be savings in materials. b. Ed Cain Ed Cain read a draft Letter of Notification for the Stormwater Project. There were two grants for the Stormwater Project. There has been a payout from the construction grant for part of the preconstruction expenses. Mr. Cain requested his Letter of Notification be sent out to clarify this issue. Manager Beaudet made a motion to approve the letter,Manager McPherson to sign and Bob Fossum to mail,seconded by Manager Kamps. Vote: 7/0 Minutes for the MSCWMO Meeting October 9,2003 Page 1 of 1 • • ' , Manager Beaudet asked Ed Cain to estimate the costs for lobbying for 2004. Jeff Davis asked the MSCWMO to invite the close subwatersheds to a meeting to discuss the alternatives for Phase III. He would like the group to narrow the alternatives to two. He specifically suggested Bayport, Baytown Township and Oak Park Heights. Manager Beaudet made a motion to have a Special Meeting on October 30th at 7:00, WCD,to discuss Phase III routes, seconded by Manager Kamps. Vote: 7/0 Manager McPherson asked Jeff Davis to present the balance left in both grant accounts at the next meeting. He agreed. 5. New Business a. South Washington Groundwater Study Bob Fossum reported the following major contributors for the South Washington Groundwater Study: Ramsey Washington- $10,000 South Washington Watershed- $25,000 Valley Branch Watershed - $25,000 Manager Beaudet made a motion to contribute $2100 in-kind to this project, seconded by Manger Gilles. Vote: 7/0 b. Budget Letter for Jane Harper Bob Fossum prepared a response letter on the MSCWMO budget to Jane Harper. He explained the differences in the budget between 2003 and 2004. The 2003 budget was higher because of the watershed plan. The large stormwater project sponsored by the MSCWMO is being paid for by the State of Minnesota. Manager Nelson felt Bob's letter expressed exactly what the MSCWMO wanted to say. Manager Beaudet made a motion to approve the letter with corrections,Manager McPherson to sign and Bob to fax it to Jane Harper, seconded by Manager Gilles. Vote: 7/0 Bob Fossum asked if two or three managers could attend this meeting on the 28th of October. There will be two or three representatives from the MSCWMO at the meeting. c. RFP for Legal Services Manager Jansen feels the MSCWMO should have an attorney on retainer. Manager Gilles suggested sending out an RFP for legal services. Manager Beaudet requested the RFP state the attorney should not be representing any of the member cities for the MSCWMO or any of the adjoining watersheds. Manager Beaudet made a motion to send out an RFP for Minutes for the MSCWMO Meeting October 9,2003 Page 2 of 2 • legal services with the suggested changes, seconded by Manager Kamps. Vote: 7/0 6. Other Agenda Items None. 7. Adjourn Manager Hansen made a motion to adjourn the meeting, seconded by Manager Jansen. Vote: 6/0 Meeting adjourned at 8:15P.M. Respectfully Submitted, Dawn Hilde Minutes for the MSCWMO Meeting October 9,2003 Page 3 of 3 • • Middle St. Croix Watershed Management Organization October 30, 2003 WCD Offices Special Meeting DRAFT 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Jo Ella Givens, Lakeland Shores, Judy Bellairs, St. Mary's Point Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD, Jeff Davis, SEH The reason for this special meeting was to choose two possible sites for Stage III of the storm sewer project. Jeff Davis, SEH,presented four alternative locations for Stage III of the storm sewer project. Location A would go to the river through the Anderson property. The aesthetics of the creek would remain the same. Anderson's has expressed an interest in cooperating with the MSCWMO on the easement issue. Jeff Davis suggested something be done at Location A even if the final location for the drainage to the river is one of the other choices. Each of the four locations was discussed thoroughly. Locations C and D would have to cross over an Xcel pipe. The approximate costs for Location A would be$1.4 million. Manager Hansen made a motion to approve Location A, seconded by Manager Kamps. Vote: 7/0 Ed Cain is still working with Congress and Corps of Engineers to secure funding for a flooding study that includes Bayport. Minutes for the MSCWMO Special Meeting October 30,2003 Page 1 of 1 • • Manager Hansen made a motion to adjourn the meeting, seconded by Manager Beaudet. Vote: 7/0 Meeting adjourned at 7:50P.M. Respectfully Submitted, • Dawn Hilde • Minutes for the MSCWMO Special Meeting October 30,2003 Page 2 of 2 • • Middle St. Croix Watershed Management Organization September 11,2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Ron Nelson, Stillwater Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point, Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD, Jeff Davis, SEH, Ed Cain,Lobbyist 2. Approval of Minutes Manager Beaudet made a motion to approve the August 14 Regular Meeting, and the August 25,2003,Emergency Meeting Minutes, seconded by Manager Hansen. Vote: 6/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $86,207.21. Manager Jansen made a motion to approve the Treasurer's report, seconded by Manager Beaudet. Vote: 6/0 b) Approve payment of bills Three bills were presented for payment: 1)WCD for$709.63, 2) Lobbyist Principal Fee for$50.00, and 3) Gazette ad for$15.00. Manager Beaudet made a motion to pay the three presented bills, seconded by Manager Nelson. Vote: 6/0 Manager McPherson asked Bob Fossum if the MSCWMO could recoup any of the developer review expenses. Bob replied that the MSCWMO must first develop their rules and permitting authority. Manager Beaudet made a motion for Manager Jansen to work with Attorney Vierling to MSCWMO Minutes for September 11,2003 1 of 1 • i make the necessary changes so the MSCWMO can charge the cities for Bob Fossum's development review time, seconded by Manager Jansen. Vote: 6/0 Manager Jansen stated it was time for the MSCWMO to hire an attorney on retainer. Manager Beaudet asked Bob Fossum to put out an RFP for a qualified attorney. 4. Old Business a) Perro Creek Outlet(State Storm Sewer, Phase II) Project construction Update. Bob Fossum reported construction is underway. Manager McPherson thanked Manager Beaudet for the great job he did on getting the Xcel easement. b) Watershed Management Plan Bob Fossum showed the two-foot contour maps he will be using for the Second Generation Management Plan. 5. New Business a) South Washington Groundwater Study Bob Fossum suggested the MSCWMO use their monitoring expenses as in-kind support of the South Washington Groundwater Study. Valley Branch Watershed and South Washington Watershed will be the major contributors for this Study. BWSR will provide matching funds. b) Phase III State Storm Sewer Project Jeff Davis, SEH Engineer for the projects,presented a map with routes shown for water to move through Bayport and into the river. The route ran from Central Avenue to the river. If the MSCWMO uses the Ice Road for a conduit to the river it will have to be raised to cover the pipe. One suggestion from Manager Nelson was to stop at Third Avenue South and go east to the river from there. Manager Beaudet made a motion to approve up to $74,000 to study south leg,hydraulic model and options available, seconded by Manager Gilles. Vote: 6/0 Jeff Davis will come back with at least two options for the MSCWMO to consider. Manager Gilles asked when does the decision have to be made for the north model and the southern routes. The answer is Phase III funds have to be approved by the Legislature. MSCWMO Minutes for September 11,2003 2 of 2 • Ed Cain is going to draft a letter to the government agencies involved in approval of Phase III money and have the City of Bayport sign it. Manager Beaudet left at 7:55P.M. 6. Other Agenda Items Water Consortium Meeting—Bob Fossum had a map from that meeting showing the MSCWMO boundaries. Several watersheds have unclear boundaries which contributes to unfair taxing for some residents. Bob Fossum passed out copies of a letter from Jane Harper asking the MSCWMO to answer four questions and return the answers to her office by October 3. Bob Fossum will answer the questions and run it by the MSCWMO before mailing back to Jane Harper. It was suggested that in his response he should state the MSCWMO would welcome the opportunity to present at the October 28th meeting. Manager Nelson also suggested the response review the interest in taxing authority by the MSCWMO. The next meeting will be October 9, 2003. 7. Adjourn Manager Hansen made a motion to adjourn, seconded by Manager Nelson. Vote: 6/0 Meeting adjourned at 8:23P.M. Respectfully Submitted, Dawn Hilde MSCWMO Minutes for September 11,2003 3 of 3 • • MIDDLE ST. CROIX RIVER WATERSHED "-EV-4,..' MANAGEMENT ORGANIZATION 111,7A g F�S 1380 West Frontage Road, Hwy 36 Stillwater, MN 55082 D A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103E to cooperatively manage water �, resources within the watershed. October 24, 2003 Cindy Weckwerth, Program Manager Washington County Public Health & Environment 14949 62nd St N P.O. Box 3803 Stillwater, MN 55082-3803 RE: South Washington County Groundwater Study Dear Ms. Weckwerth: We understand that Washington County has been awarded a BWSR Challenge Grant to conduct a Groundwater Study in the southern half of Washington County. Realizing the importance of groundwater as a resource for our watershed, Middle St. Croix Watershed Management Organization offers its support of this study. Groundwater resources are experiencing increased demands from suburban development and a desire for a quality water supply. At its October 9, 2003 regular meeting, MSCWMO made a motion to formally support this initiative to better understand the groundwater resources of Washington County, by contributing$2,100 of in-kind services. We look forward to a successful project. Sincerely, Bob Fossum Administrator, Middle St. Croix WMO Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • • 4/ MIDDLE ST. CROIX RIVER WATERSHED ,,� 41 MANAGEMENT ORGANIZATION Atv: 1380 West Frontage Road,Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley • Communities that was established under State Statute 103B to cooperatively manage water M ' ' resources within the watershed. LETTER OF TRANSMITTAL DATE: November 6, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum I RE: November 13, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—October 9, 2003 MSCWMO meeting Minutes—Draft minutes for the October 9, 2003 Board meeting 2 Draft minutes for the October 30, 2003 Special meeting Approved minutes for September 11,2003 Board meeting Informational Letter to Cindy Weckwerth indicating in-kind support for the South Washington County Item Groundwater Study MSCWMO Board Members: I will be out of the office next week, and will not be able to attend the meeting on November 13. Konrad Koosmann from our office will be attending the meeting in my absence. I have included a brief description of the various agenda items below: Agenda Item 4.a. Jeff Davis from SEH, Inc. will be sending out a current budget status report on the State of MN Storm Sewer Project on Monday,November 10. Please bring this report to the meeting for discussion. Agenda Item 4.b. We continue to work on the draft Watershed Management Plan. Currently we have been gathering the existing stormwater, wetland, and erosion control ordinances that are in place at the local (all 10 communities in MSCWMO), county, state, and federal level. We are conducting a gaps analysis of these ordinances to determine what"rules"MSCWMO would like to institute. At the December meeting, I would like to present the results of this analysis and present some suggested/draft performance standards or review standards to you. Then at the January meeting we plan to present a draft of the 2nd Generation Watershed Management Plan for the Board to review. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township ' • 0 4t Agenda Item 5.a. The RFP for Legal Services will go out the week November 17, 2003 with a deadline for submittal of January 4, 2004. The board will then be able to take action on the proposals at the January meeting. I will work with Manager Jansen to determine the best places to send the RFP. Agenda Item 5.b. The plans for Cro.ixdale Residence and Apartments in Bayport were received today and will be reviewed and commented on in the next two weeks. It is fairly large construction site with stormwater ponds and a wetland. More details will be forthcoming when the full review is completed. Sincerely, 41-4,0 ------,7— Bob Fossum cc: Dawn Hilde, EOR, Inc. Konrad Koosmann,WCD • Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • bi \ Y-' 17 us SEH RELATED AGENDA (.-)c yo,cj4- ciN MIDDLE ST CROIX WATERSHED MANAGEMENT ORGANIZATION e) t-9")/1:1141/4-14 NOV.13,2003 `$ 1 1 Project Budget Summary I& ce0 fej A. September)Data 1 //7 B. November Data C. Saved about$20,000 with the additional dewatering Did not have to place rock bedding D. Contractor is pulling major equipment off site I I I E. Pre-Final numbers should be available for next meeting f F. Construction contract will remain open until next spring for final restoration approval MCF is considering whether to install trees on the north side of the facility I I I I I • G. City costs are in the range of$6,000 as verified with John Nash H. Remaining budget for Stage 3 study is$56,609 as of 10/31/03 ‘../ SEH is presently working on the study 1 i i I. Excess$'slmay be higher than shown / , 1)k J. Other items to consider 1 Operation and Maintenance Guidelines 2 Winter maintenance documentation ✓ 3 Design of Phase 3 \WWW K. City of Bayport confirmed numbers presented.Should be very close. �v\"' 2 Phase 3 Hydrology/Hydraulics Update(Graphic) v A. Prelimina numbers(provided at last meeting) A`` B. Updatednlmbers / a\ 1 Location A at Andersen(handout from last meeting) t n 2 Hydraulics with Location A only .� `t \ 3 Freeboard with Location A only , •�, 4 Model assumes good conditions 5 MDNR typically uses 3 feet 6 Location A and B ! 1 ' 7 Hydraulics with Location A and B VVV 8 Freeboard with Location A and B 9 Very close to MDNR requirement .41. 10 Quick look at Location A and C 11 Freeboard with Location A and C 12 Location C is about 150 longer 13 Location C-consider XCEL gas pipelinelir 14 Location C-Raise Ice Road and real estate concerns I I I I C. In order to be in the 3 foot freeboard range Location B or C must be constructed 12 Need to scconduct nas {' es. 2 Need to conduct minimal field survey �' 3 Research utilities i n 4 Contact permitting agencies AJ, ,(� 5 Contact railroad,Andersen Corp,Xcel Energy v_ 6 Conduct a site review I i 7 Preliminary design of the storm sewer 8 Develop probable construction costs 9 Preliminary layout of the inlet structure DAV D. Other discussion • • Alt A Only-Type II .1'_ Name I Max Flow) Pipe D/Height! Width ! Length". Slope n US inv US Peak L DSofPond rt 26 ! Circular 3.5 2 } 95 + 0.42 i 0.014L 742.50 744.10 4th&95 } 128 !Rectangular 4 - i 6 280 1 1.75_ 0.0154 704.96 706.55 _ USofBend 1.53 TNatural 4 j 4.4 _ 240 �_ 1.50_4,' 0.040 700.00 702.73 Bend T 19 j Natural 4 i 4.4 •80 1 0.25 1-0.015 696.40_; 698.49 Andersen 1 129 ;Rectangular 1.5 1 16 2000 ! 0.70 0.014! 697.50 ! 698.49 3av _j_ 19 ;Rectangular 1 1 2.5 10 I 1.00 10.014-r- 696.20 T 698.47 _ USfrom3AvS ! 137 T Natural i 3 1 2.5 600 fi 0.15 10.0401 687.26 690.96 ' 3avSo 1 98 -1-Rectangular! - 3 I 3 50_1 0.00 10.0151 686.34 i 690.66 w! IllavSo overflo _36 I Trapezoidall- 1 ! 40 50 T 0.00 1 0.030 I 690.10 I 690.66 4 40 450 1 0.34 10.040 686.34 689.84 1 USofRR '- 139 � Natural I , rr I 139 1 Circular 4 1 60 i 1.63 0.015 I 684.79 I 687.53 , 41 RRtoCMP1 r 141 -Trapezoidal I 4.5 T , 683.81 � 686.07 2 '`''l`44 ''d.' 8 250 1.32 0.060 1 t a CMP 1 140 Circular 4 32 r 0.63 0.024; 680.50 I 684.94 6( E�rj 066 CMP1toCMP2 i 140 ' Trapezoidal 8 8 20 0.00 0.0601 680.30 684.02 CMP 2 ; 140_ ; Circular 4 32 i 0.00 0.024; 680.30 683.97 CMP2toCMP3 T 140 !Trapezoidal 8 1 8 T- 200 1.50 10.0601 680.30 682.49 CMP 3 140 ; Circular 1 4 32 I ._7.56 10.0241 677.30 680.69 CMP3toRIV 1 140 I Trapezoidal 1 8 8 j 170 i 1.06 ! 0.0601 676.80 1 679.41 Xp PerroCreek Existing AICA AItAB AItAC Added DS CMPs.xls • so ' Alt A&B-Type li Name 'Max Fiowl Pipe D/Height % WI ; (Length I Slope j n US inv I US Peak DSofPond Tin Circular 3.5 I 2 i 95 _0.42 0.014 742.50 744.10 4th&95 1 128 'Rectangular 4 i-6 i 280 j 1.75 0.015 704.96 706.55 USofBend 152 i Natural 4 4.4 240 _! 1.50 0.040 700.00 702.72 Bend 19 I Natural 4 -c- 4.4 80 0.25 0.015 696.40 698.49 --- Andersen 129 Rectangular 1.5 � 16 2000 0.70 0.014 697.50 698.49 3av 19 Rectangular 1 2.5 10 r1.00 1 0.014 696.20 698.47 USfrom3AvS 187 -j Natural 3 _2.5 600 0.15 10.040 687.26 690.08 DiversionB 122 !Rectangular 1 x_15__ 1000 ! 1.00 0.014 687.50 689.63 3avSo 27 +Rectangul0 1 i 3 50 0.00 0.015 686.34 i 689.63 USofRR 35 I Natural ! 4 450 0.34 0.040 686.34 ; 688.16 rr r 35 I Circular I 4 60 j 1.63 0.015 684.79 686.10 RRtoCMP1 46 Trapezoidal 4.5 , 8 250 - 1.32 i 0.050 683.81-, 684.99 CMP 1 55 ; Circular i 4 32 0.63 fi 0.024 680.50 i 685.00 r + 8 _ - t- CMP1toCMP21 78 :Tra oidat 8 20 0.00 10.060 680.30 I 683.02 P� CMP 2 75 Circular I 4 32 i 0.00 ' 0.024 680.30 I 683.11 I -I- C , 8 I-- ; 200 ' 1.50 1 0.060 680.30 682.07 MP2toCMP3 ( __77 �1 7 Trapezoidal 8 CMP 3 I 48 1 Circular 1 4 , 32 1.56 0.024 677.30 i 679.24 CMP3toRiv I45 (Trapezoidal, 8 1 8 ! 170 1.06 0.060 I 676.80 !, 678.30 Xp PerroCreek Existing AttA MAB AMC Added DS CMPs.xls 0 • Alt A&CType II Name !Max Flow! Pipe _ D/Height! Width 1 Length L Slope I n i US inv 1 US Peak DSofPond 26 - _ Circular 3.5 2 1 95 I 0.42 i &014 ; 742.50 ! 744.10 4th&95 128 Rectangular, 4 L 6 L 280 i 1.75 1 0.015 L 704.96 706.55 USofBend I _152 Natural_ 4 4.4 240 1.50 700.00 j 702.73 -- -i 4.4 =L 80 0.25 1 Bend 19 0.015+0.040 696.40 I 698.49 Andersen t 129 ! Natural 4 Rectangular; 1.5 1 16 , 2000 , 0.70 1 0.014 1 697.50 698.49 3av i- Rectangular 19 Rectan lar 1 _1 2.5 10- - '- I 1.00 0.014 696.20 698.47 _ USfrom3AvS I 169 Natural 3 2.5 1 600 0.15 0.040 687.26 ! 690.12 3avSo 156 jRectangular 3 1 4 i 50 0.00 0.015 ' 686.34 689.64 USofRR I- 164 L Naturals 4 1 40_i _450 0.34 10.0401 686.34 I 688.51 rr 163 ! Circular 1 4 6 r 60 , 1.63 1 0.015 [ 684.79 ; 687.82 RRtoCMP1 i 165-1, Trapezoidal 1 4.5 - 8 ! 250 I 1.32 1 0.060 ! 683.81 I 686.25 Route C 162 ; Circular ; 4 4 600 1.25 1 0.014 i 680.50 ! 684.67 Xp PerroCreek Existing AICA AItAB AItAC Added DS CMPs.xts ! ! 2004 Middle St. Croix Watershed Management Organization Budget Adopted: Cities/Towns Revenue $35,000 2003 Budget 2004 Budget Expense Item Insurance $2,600 $2,600 Minutes/Reports 2,000 2,000 Administration 3,000 3,000 Water Monitoring 3,000 3,000 Washington County SWCD 700 700 Audit 250 250 Contingency 450 450 Legal 3,000 3,000 New Water Plan 55,000 20,000 Projects 0 0 TOTAL $70,000 $35,000 0 Regular Meeting Agenda • Middle St. Croix Watershed Management Organization r October 10, 2003 Washington Conservation District ! (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes 4September 11, 2003 Minutes 3. Treasurer's Report(Anders Hansen) l") Report of Savings Account Assets 51i 41�? 'b) Approve payment of bills ')1`4> ,...,,, 1/4._ fiti-- 4. Old Business / Perro Pond Outlet (State Storm Sewer, Phase II) Project construction update and Contractor 17 delay fees Watershed Management Plan 5. New Business South Washington County Groundwater Study 7 Budget Information Letter to County(Jane Harper) Legal Services, RFP for Attorney 6. Other Agenda Items 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • w ` L Yy MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION A Fr } 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed LETTER OF TRANSMITTAL DATE: October 2, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: October 9, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—October 9, 2003 MSCWMO meeting Minutes—Draft minutes for the September 11, 2003 Board meeting 2 Approved minutes for the August 25, 2003 Emergency meeting Approved minutes for August 14th,2003 Board meeting 5.b. Letter to Jane Harper verifying budget letter submission date 5.c. Draft RFP for legal services MSCWMO Board Members: At the time of this mailing I have not completed a draft letter summarizing the 2004 budget and programs for Washington County. I will have this completed and available at the meeting Thursday for your review and comments. I plan to address all of the information requested in Jane Harper's letter. I will also include MSCWMO's desire to obtain levy authority as requested by the board last meeting. Please contact me if other pieces of information need to be included and I will have them in the draft letter for your review on October 9th. I will incorporate any comments the board has at the meeting and send the letter to Jane Harper on October 10`h. Sincerely � ' Bob Fossum cc: Dawn Hilde,EOR,Inc. Konrad Koosmann,WCD Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Middle St. Croix Watershed Management Organization Emergency Meeting August 25,2003 WCD Offices APPROVED Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport, Ron Nelson, Stillwater Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point, Jo Ella Givens, Lakeland Shores Others in Attendance: Dawn Hilde, Recording Secretary, Konrad Koosmann, Administrator, WCD, Jeff Davis, SEH This emergency meeting was called to discuss contractor delay claims and the need for an easement agreement with Xcel The contractor is claiming $21,000 for delay fees. Jeff Davis, SEH, has asked for detailed accounting for these fees. These claims were for delays prior to August 15, 2003. Jeff Davis is gathering information from the Corps of Engineers as to how they deal with fees for standing equipment. At the last MSCWMO meeting two change orders were approved, one to dewater area near Manhole 28. Estimate for this dewatering was $27,000. Manager Beaudet stated the MSCWMO should have let the contract for this project contingent upon receiving the easement from Xcel. The previous planned route in 1996 for the pipe had received an easement from NSP. The pipe route was changed because NSP wanted to receive wetland credits. Manager Beaudet stated he has arranged a meeting with Darrel Knutson from Xcel for tomorrow to discuss the easement issue. MSCWMO Emergency Meeting Minutes for August 25,2003 1 of 1 41111 • Jim Lammers, legal counsel for Bayport, feels the contract we received from Xcel has some clauses that are not clear. The indemnification paragraph is not clear and the request to add Xcel to workman's compensation is not acceptable. Jim Lammers suggested if negotiations failed, Oak Park Heights would have to condemn the property needed for the easement. Manager Beaudet stated the MSCWMO could cancel the contract for construction and then ask the city of Oak Park Heights to pursue eminent domain of the easement area. Manager Beaudet suggested a committee meet with Xcel as soon as possible to resolve the easement issue. Manager McPherson suggested Manager Beaudet, Jeff Davis,Jim Lammers and a representative from Xcel. Manager Beaudet suggested the MSCWMO would have to receive a letter giving the right to trespass on Xcel property by Thursday or cancel the project. The decision was made to continue the dewatering. Manager McPherson made a motion directing Manager Beaudet to start negotiations with Xcel, seconded by Manager Hansen. Vote: 7/0. Manager Hansen made a motion to continue this emergency meeting on September 3, 7:00P.M. at the WCD, seconded by Manager McPherson. Vote: 7/0 Manager Hansen made a motion to recess meeting, seconded by Manager Nelson. Vote: 7/0 Meeting recessed at 8:00P.M. (The follow-up meeting was never reconvened.) Respectfully Submitted, Dawn Hilde MSCWMO Emergency Meeting Minutes for August 25,2003 2 of 2 • 0 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION A .l -„, 1380 West Frontage Road, Hwy 36 Phone:651-275-1136,ext.21 e1 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley iry Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. `h' ., October 9, 2003 Jane Harper Washington County Administration Washington County Government Center 14949 62nd Street, P. O. Box 6 ^' Stillwater, MN 55082-0006 RE: 2004 Middle St. Croix Watershed Management Organa , :us ge ary Dear Jane: The Middle St. Croix Watershed % , t • � 'do opted its budget at its August 14, 2003 regular meeting. E • erip fi table det. mg line items in that budget with a comparison to :,-_` 'mu' • ; 2 t� r° . -,,,t �•ck to levels before 2003 after a larger than normal budget i � .e , In 9 34”. ' 9 -ration Watershed Management plan, as required by the Wate . - �T PIc =::::r.-, n .3 . • 2004, MSCWMO will work to complete its Watershed Managem:. . t� -iLl' a .,, srojects include the to ongoing project to replace the State of Minnesota S ;',. -r , 'ec Bayport. With the completion of this project flooding problems associated ' , � � 1",, and Perro Creek in Oak Park Heights and Bayport will be eliminated. This prod, sponsored by MSCWMO, however funding was provided by the State of Minnesota, thereby le.,-, ° g the direct financial impact to Washington County taxpayers. MSCWMO continues to monitor significant water bodies a�ndd review pertinent developments in the watershed, as �• well. �k�l`" 1Wb� .er" As you know, MSC (and other WMOs in Was Washington County) cannot levy for its operating budget and relies on fee from the 10 communities within the watershed. In the next year, MSCWMO will be exploring the ability to levy. This is needed to address the inequity for communities that have both watershed districts and WMOs comprising their area. In the coming year MSCWMO will continue and complete the two major projects currently underway: The State of Minnesota Storm Sewer Project and the 2nd Generation Watershed Management Plan. As part of the Watershed Management Plan, MSCWMO plans to include a formal development review/permit process for projects in the watershed, to actively manage and protect water resources in the watershed. In an effort to foster partnerships and gain efficiencies this review process will be Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 410 • f incorporated into each community's existing permit review process via the Joint Powers Agreement among the ten member communities. Middle St. Croix Watershed Management Organization would be happy to present our budget and plans to the County Board on October 28, 2003. Please contact me if our organization is selected to present. Sincerely, John McPherson MSCWMO Chairman Cc: MSCWMO Board Members 111 0 { � z Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • 2004MddleS .0 •I W-t. - • M. -eta thijoip - i ."• Si . Ado•ted:Au•ust 14,2003 Ado•ted 2002 Bud•et 2003 Bud•et 2004 Bud•et Revenue -�_- Cities/Towns $35,000 $70,000 $35,000 u-1111111.1111.11111.11. 1 Insurance $2,60011111.177 i a " ,600 Mr- Lie MI Minutes/Resorts $2,0)0 ;. o00 .2 000 -- MN Administration 1.111111111.1 :11111. N DIE 3,000 1.111M Water Monitorin• � . .3,000 4.3,000 �]j�!ic•�a�t.���ta n $700 $700 Audit I $250 $250 Contin•enc _' _2, $450 $450 $450 -� -•- $3,000 $3,000 $3,000 IZIMET=2 AMEN env. $20,000 $55,000 $20,000 111111.111. Projects $0 $0 $0 $35,000 $70,000 $35,000 Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 111 • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION ! . 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 D A Joint Powers Watershed Management Organization composed of ten St. Croix Valley mu Communities that was established under State Statute 103E to cooperatively manage water resources within the watershed. September 18, 2003 Jane Harper Washington County Administration Washington County Government Center 14900 61ST Street, P. O. Box 3803 Stillwater, MN 55082-3803 RE: 2004 Middle St. Croix Watershed Management Organization Budget Summary Dear Jane: As we discussed over the phone recently, the Middle St. Croix WMO will submit to you a summary letter regarding its 2004 budget. The next MSCWMO meeting will be Oct. 9, 2003. You can expect a letter regarding the budget on Oct. 10. Thank you for accommodating this timeline. Sincerely, Bob Fossum MSCWMO Administrator Cc: MSCWMO Board Members Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township i 411 ,..,., s REQUEST FOR QUALIFICATIONSPSt:a to.iisz., 44- FOR t) 1 LEGAL SERVICES �,�4 ISSUED BY ,Ch THE MIDDLE ST.'CgOIX WATERSHED MANAGEMENT ORGANIZATI ir ► 4": ' October 15, 2003 ` // 1. Introduction 'P The Middle St. Croix Watershed Management Organization (MSCWMO) is a jo powers commission established under the provisions of Minnesota Statutes 1982, Chapter 509 and 4�6to manage the water resources of its watershed. The Watershed is located in east-central Washington County and coy -)ately 19.4 square miles. It drains into the St. Croix via several parallel drainages. The W. . u'i �, h portions of the Cities of Stillwater, Oak Park Heights, Bayport, Lakeland, Lakeland S , ° . roix Beach, St. Mary's Point, and Afton along with Baytown and West Lakeland Town 2. Solicitation The requested legal services provided to they: CW lud k,, ` not 1 �� ed to; 1) assistance with the completion of a second generation • ... . . assi - ;it plemion of a permitting and plan review program and, 3) advisi s o - a ,op :'';',I. for varix" .,. projects and studies as requested by the managers. 3. General Instructio s „ g Firms interested in prov ' c: ,. =, t eleven (11) written copies of their qualifications. The Mi. - •i ;': ed: . - ti' Organization on or before 4:30 P.M., November 15, 2003, will p -. £i . } . ®t- 0 ... s. Submittals should be sen • ,' . Croix Watershed Management Organization 0!,,,'v, in: Bob Fossum r i W. Frontage Road, Hwy 36 tillwater, MN 55082 Qualification statements . fte this time will not be considered. Prospective responders who have any questions regarding Z ;•uest for Qualifications" may contact Bob Fossum, (651) 275-7501, ext. 21. 4. Qualification Statement Content Firms are requested to include in their qualification statement, the following information in the order listed: a. A brief summary of the firm's qualifications. b. Name and phone number of the person designated to answer questions about the qualification statement. Middle St.Croix Watershed Management Organization—Legal Services RFQ 10/02/03 r • c. A specific list of the individuals who would be assigned to work and manage MSCWMO projects, their proposed responsibilities, background, years of experience, and their previous experience in servicing watersheds. d. Hourly fee schedules by labor category 4� Nuc 6 e. Submittals may not exceed 10 pages in length. Submittals that exceed 10 pages in length may not be considered. 5. Selection Process Because the MSCWMO manages St. Croix River riparian, and bin b '"j d many other unique resources, selection will emphasize criteria that indicate a firm's ex. •.4 owledge of integrated resource management approaches to watershed management. E Qualification statements will be evaluated by the Board of and ed based on the following criteria: 1. Experience with watershed district law. 2. Ability to work with the public � r lato °. • cie -ing , ACOE, NPS) and other stakeholders and the ability t. „ icativ theO Board of Managers, and WCD staff. u , 3. Permitting,plan re A. d • to -n, ,erience 4. Locally based ; to . rgency situations in the watershed or situations that �� � � a � � to a, � 5. Local knowled d i ters s and other watersheds in the region. 6. The MSCWM•r +. • dg - tes making a decision, within 30 days, based upon the submittals. H• °�' h is , they may choose to conduct interviews after reviewing the proposals. Middle St.Croix Watershed Management Organization—LegaQServices RFQ 10/02/03 • 2004/2005 BWSR Challenge Grant 1.REFERENCE INFORMATION Applicant: Washington County,South Washington WD,Valley Branch WD,Ramsey Washington Metro WD,Middle St.Croix WMO,Lake Elmo,Lake St.Croix Beach,Afton,Cottage Grove,Baytown Township,Lakeland,Woodbury,Oak Park Heights Project Title: Integrating Groundwater and Surface Water Management-Southern Washington County Project Manager: Cindy Weckwerth-Program Manager,Washington County Public Health& Environment Fiscal Agent: Washington County Mailing Address: Box 3803 Stillwater,MN 55082-3803 Telephone/Fax: 651-430-6703/651-430-6730 Email: weckwerth@co.washington.mn.us Total Amount: $60,450 2.PURPOSE: Groundwater's role in surface water management is vital,but poorly understood. Watershed Districts will integrate groundwater elements into their management strategies and policies protecting lakes, wetlands,streams,and water supplies dependent on groundwater. 3.PROJECT SUMMARY: Groundwater components in southern Washington County constitute a major portion of the water management puzzle. Watershed Districts and other LGUs lack the key groundwater pieces to manage the entire hydrologic system.Groundwater components factor into virtually all of the costly water resource projects and water related litigation that have been undertaken in southern Washington County. Currently,there is a large amount of study of groundwater in the Baytown/Lake Elmo Well Advisory area in an attempt to determine the source area of the TCE contamination. Additionally,the City of Woodbury,with local and agency partners has undertaken a study to ensure long-term supply wells despite growth in the region. These studies are focused on specific,local areas,however,a comprehensive regional groundwater study that links the groundwater resources to the ever-changing surface water features is lacking. Many priority water features and resources in the study area are inextricably dependent on groundwater for their sustainability.Washington County along with the Watershed Districts,Townships,and Cities collaborating in this project have the mutual goal of integrating groundwater components with surface water components to holistically manage and protect the entire hydrologic system. This project will compliment the North Washington County Groundwater Study completed in 2002-2003 funded through a BWSR Challenge Grant to assess groundwater in all of Washington County. 3-A. Relationship to Comprehensive Local Water Plans: Table A. outlines key relationships between Comprehensive Local Water Plans and the goals and objectives of the proposed project: CLWP Plan Driving Issue Statement Goals and Objectives Washington pg. 114: There is a "Lack of Develop and implement public and agency awareness County understanding of surface and and knowledge of groundwater resources. Develop groundwater interconnection" technical basis for planning and controls in managing interconnected surface and groundwater resources. RWMWD Sect IV: "Promote increased open spaces Sect IV: "Cooperate with other agencies in and reduction of impervious surfaces to completion of studies to evaluating how surface water potentially increase groundwater management activities affect groundwater resources" recharge" SWWD Sect III"Encourage land use practices Sect III Subd.B: "Inventory sensitive groundwater that consider the groundwater,surface and surface water resources and establish guidelines water,and associated natural resources to prevent degradation of the resources that might in the decision-making process " financially impact individual citizens of the watershed in the future." VBWD Section 4.2.20:Flooding issues in VBWD proposed a traditional outlet project to the St Sunnybrook Lake Landlocked Basin. Croix River.Local Government and State agencies have recommended infiltration as a solution. • 3-B.DESIRED OUTCOMES Outcome#1: Watershed Districts will adopt policies based in science to protect groundwater recharge and discharge areas. Measurable Benefit: Resources dependent on groundwater input will be sustained in their natural condition with a steady supply of clean groundwater. Water quality and quantity will be maintained or improved. Outcome#2: Water Management Units will adopt policies based in science to manage surface water runoff using infiltration techniques in suitable areas. Measurable Benefit: Watershed Districts and Local Government will have hard data and facts to make sound decisions on the viability of infiltration in differing areas of their watersheds. Successful infiltration projects will reduce runoff volume, minimize erosion and maintain base flow. Efforts to infiltrate water in unsuitable areas will be avoided increasing cost effectiveness and efficiency. Outcome#3:Water Management Units will adopt policies that regulate land use in areas that are closely linked to groundwater resources in the region.Water management units will enhance infiltration policies with improved understanding of groundwater interaction. Washington County and Watershed Districts will work with local municipalities to promote the adoption of sound land use policies in these areas. Measurable Benefit: Development will be sited in areas least susceptible to negative impacts on areas of high infiltration potential. Cities and watershed districts will have the data to avoid costly projects to maintain a safe groundwater supply and deal with stormwater runoff will be reduced. With the backing of sound science,areas with high infiltration potential will maintain their natural function as important groundwater recharge areas to groundwater aquifers,as well as,supporting base flow to priority water resources. 3-C. ACTIONS: The following specific actions will be carried out to complete the proposed project: 3-C-I.Education and Information:The following actions will be implemented. 1.Hold local pre-project information forums with Watershed Districts and Local Government. 2.Provide post project individual workshops and training with Watershed District Managers and Local Elected Officials. 3.It is anticipated that techniques and policies developed from this project will have regional and statewide applications. Following the project,the participants will host a statewide workshop on"Integrating groundwater and surface water management". 3-C-II.Inventory: The following actions will be implemented.* 1.Inventory and rank surface water bodies and their groundwater function(i.e.recharge area,discharge area). 2.Inventory and rank groundwater recharge areas and infiltration potential. 3.Inventory and rank groundwater discharge areas. 4.Inventory and rank groundwater dependent resources such as trout streams,lakes and unique wetland systems. 5.Inventory Climatic data(specifically precipitation) *The participants in this project will develop innovative inventory and ranking systems that will have regional and statewide applications. 3-C-III.Monitoring: The following actions will be implemented. 1.Complete a gaps analysis to determine portions of the study area that need additional monitoring and data collection. 2.Monitor surface and groundwater levels concurrently. Develop a project area wide monitoring network. 3.Monitor surface and groundwater chemistry to develop data for assessing groundwater recharge function. 4.Develop strategy and policy performance monitoring plans for adoption by Watershed Districts. 3-C-IV. Land and Water Treatment: The following actions will be implemented. . 1.Develop policies, s and data identifying infiltration management areas for treating stormwa runoff. Assessmen • monitoring will be conducted. ofVi bpig 3-C-V.Planning and Environmental Control: The following actions will be implemented. ifc s9 V 1.Develop groundwater recharge area management policies(including performance monitoring). 2.Develop maps and overlay districts for groundwater management providing documentation of"Lakes, Streams and Wetlands and associated groundwater resources". The maps will provide quality ranking and related groundwater management strategies for individual water features. 3.Develop policies that regulate land use in areas susceptible to high groundwater levels.Provide maps and documentation to assess high water level or flooding potential. Conduct performance monitoring. 4.Develop infiltration management policies. Provide maps and documents ranking"infiltration potential". Note:Watershed Districts will adopt newly developed strategies and policies into their Comprehensive Local Water Plans. 3.D.1 PROJECT EVALUATION: Three outcomes were outlined in section 3.B. The following methods will be used to evaluate the projects achievements. (NOTE:Much of the work listed below has been completed by Washington County as part of the Wash.Cty.Water Consortium. Evaluation of Outcome#1: a).The project manager will audit Watershed District Plans to evaluate if strategies and policies to integrate groundwater and surface water management have been adopted.b). Ongoing water quality,quantity and precipitation data will be assembled and evaluated and provided in a five year reporting cycle. These data will be used to assess the performance of newly adopted policies and strategies. Evaluation of Outcome#2: a).The project manager will audit Watershed District plans to evaluate if infiltration policies and strategy recommendations have been adopted. b).Ongoing water quality,quantity and precipitation data will be assembled and evaluated and provided in five year reporting cycles. Evaluation of Outcome#3: a). The project manager will audit Watershed District and Local Government planning documents to evaluate land use policies and planning in areas susceptible to high groundwater and flooding.Land use cover maps will be used to assess the performance of these policies. Flooding damage will be documented. The results of the audit and land cover assessment will be included in the five-year reports. 3.D.2 PROJECT DISSEMINATION:The initial product of this project will be a report: "Integrating Groundwater and Surface Water Management-South Washington County". The report will include data,maps,discussion and recommended policies for adoption by Watershed Districts. The report will be disseminated to Watershed Districts,agencies and municipalities in the project area. Efforts will be made to make the data,maps and reports internet accessible. Educational workshops will be conducted with Watershed Districts and Local Government officials. Because there will be new innovative techniques and policies developed,an informational workshop and field trip will be held with participants invited from the f1 t"" entire region. The participants will make every effort to share the value of this project regionally and statewide. q� Once the project is completed,a five-year reporting cycle will be initiated. These reports will assemble performance monitoring data and audits interpreting results and gauging success. The reports will be disseminated to Watershed Dis ' ts, If ,r communities and resource management agencies. ��1 • i 4. BUDGET:Table 4.0 presents the project budget. lam"` �f ryI/AI + % i Table 4.016\1 L -Project Budget 4) i CLWP Category Grant Contribution _ Cash Contribution Cash Source* Project Management 7,500 7,500 Wash.county Collaborative Fund Education/Information 1,000 1,000 Wash. county Collaborative Fund Monitoring 10,000 10,000 Wash.county Collaborative Fund Inventory,Analysis 40,000 40,000 Wash. county Collaborative Fund Planning/Environmental Controls 950 950 Wash.county Collaborative Fund Land and Water Treatment 1,000 1,000 Wash. county Collaborative Fund Project Budget Totals $60,450 $60,450 • • 5.0 PARTNERSHIPS: Washington County,three Watershed Districts,one Watershed Management Organization,seven municipalities,and one township are partnering in this project. The intent is to pool financial and political resources together to achieve a common goal-Integrate groundwater and surface water components to manage the entire hydrologic system and associated resources. 6.0A: Funding History: This project is new and has no funding history in Washington County. 6.0-B: Target Water Resources: Picking benefiting target resources is a challenge because all water resources will benefit from this project. A major void in water management will be filled when this project is complete. Lakes study area. Many of these streams in those areas may impact wetland Because infiltration practices will contain populations of naturally quality if groundwater factors are be maximized and groundwater reproducing brook trout not taken into consideration. input maintained,virtually all lakes These spring creeks and their in the study area will benefit due to delicate ecosystems are entirely Water Supply Resources protection of water quality and dependent on a healthy Groundwater provides 100%of the quantity. Lakes with the highest groundwater.Two larger trout drinking water in the study area. As component of groundwater input streams are Trout Brook and Valley demand for safe and long-term will benefit the most.The project Creek.Both streams will benefit water supplies increases a better will serve to identify lakes with a from this project. The St.Croix understanding of the surface water- high component of groundwater River will also benefit. groundwater relationship is critical. input as well as lakes that are The identification of recharge areas important groundwater recharge Wetlands and development of policies to areas.Priority lakes that will benefit Wetlands function as critical protect those areas will serve to from the project are: Lake Elmo, groundwater recharge and discharge maintain water quality and quantity. Power's Lake,Bailey Lake,Colby areas. Groundwater recharge Lake,Marksgraf Lake,Lake Edith, wetlands will benefit through added Downstream Receptors Battle Creek Lake,Tanner's Lake protective measures. Many of these The project will minimize the Jane,Lake Demontreville,Olson spring seepage wetlands contain draining of landlocked basins and Lake and others. high quality natural communities. other flood susceptible regions and In northwest Washington County, therefore will minimize water Streams wetlands are subject to water level quality and quantity impacts to Multiple small spring fed creeks fluctuations from changing downstream receptors. flow into the St.Croix River in the groundwater levels. Development • October 9, 2003 DRAFT Mr. Larry Freund, Director Financial Management and Reporting 309 Administration 50 Sherburne Avenue St. Paul, MN 55155 and Mr. Steve Walter DTED/Mn Public Facilities Authority 500 Metro Square Building 121 7th Place East St. Paul, MN 55101-2146 Re: The State Storm Sewer Project at Bayport. MN Dear Mr. Freund/Mr. Walter: The Middle St. Croix Watershed Management Organization (WMO)through the City of Bayport, the administering agent, is contracting with Short Elliott Hendrickson, Inc. (SEH)to complete the study, for the completion of the State Storm Sewer Project. Sufficient funds are available under an appropriation made by the State Legislature for engineering, design, and preconstruction work required for the project. These funds are administered through DTED/Public Facilities Management. Mr. Steve Walter of DTED/PFA has notified us that there is an unexpended balance of$206,266.14. Total expenditures, to date, are $445,733.86. The cost of the scheduled engineering work will be approximately 47/6, ü oa . The contract provides SEH with 90 days to complete a draft of the study, and an additional 30 days for review and revisions. SEH will be providing the WMO with some options related to the dispersal of overflows from the waters generated from the Prison Pond. The study and engineering work will be completed February 15, 2004. Also, the officials from the Correctional Facility at Stillwater(the old State Prison), have been discussing with the WMO the feasibility of the prison complex to tie into the system to provide relief from storm sewer run-off from the prison grounds. This issue will also be considered in the study. If you have questions, comments, or suggestions, please contact me or Ed Cain (651) 439-7681 who is representing the WMO with the State of Minnesota. Cordially yours, John McPherson, Chair Middle St. Croix Watershed Management Organization (651)439-3754 t III 110 Middle St. Croix Watershed Management Organization September 11,2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Ron Nelson, Stillwater Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point, Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD, Jeff Davis, SHE, Ed Cain, Lobbyist 2. Approval of Minutes Manager Beaudet made a motion to approve the August 14 Regular Meeting, and the August 25, 2003, Emergency Meeting Minutes, seconded by Manager Hansen. Vote: 6/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $86,207.21. Manager Jansen made a motion to approve the Treasurer's report, seconded by Manager Beaudet. Vote: 6/0 b) Approve payment of bills Three bills were presented for payment: 1)WCD for$709.63, 2) Lobbyist Principal Fee for$50.00, and 3) Gazette ad for$15.00. Manager Beaudet made a motion to pay the three presented bills, seconded by Manager Nelson. Vote: 6/0 Manager McPherson asked Bob Fossum if the MSCWMO could recoup any of the developer review expenses. Bob replied that the MSCWMO must first develop their rules and permitting authority. Manager Beaudet made a motion for Manager Jansen to work with Attorney Vierling to Draft MSCWMO Minutes for September 11,2003 1 of 3 • • make the necessary changes so the MSCWMO can charge the cities for Bob Fossum's development review time, seconded by Manager Jansen. Vote: 6/0 Manager Jansen stated it was time for the MSCWMO to hire an attorney on retainer. Manager Beaudet asked Bob Fossum to put out an RFP for an attorney who is not working for any other local 4tul04,9•04-cities. 4. Old Business a) Perro Creek Outlet(State Storm Sewer, Phase II) Project construction Update. Bob Fossum reported construction is underway. Manager McPherson thanked Manager Beaudet for the great job he did on getting the Xcel easement. b) Watershed Management Plan Bob Fossum showed the two-foot contour maps he will be using for the South Washington County Groundwater Study 5. New Business a) South Washington Groundwater Study Bob Fossum suggested the MSCWMO use their monitoring expenses as in-kind support of the South Washington Groundwater Study. Valley Branch Watershed and South Washington Watershed will be the major contributors for this Study. BWSR will provide matching funds. b) Phase III State Storm Sewer Project Jeff Davis, SEH Engineer for the projects,presented a map with routes shown for water to move through Bayport and into the river. The route ran from Central Avenue to the river. If the MSCWMO uses the Ice Road for a conduit to the river it will have to be raised to cover the pipe. One suggestion from Manager Nelson was to stop at Third Avenue South and go east to the river from there. Manager Beaudet made a motion to approve up to $74,000 to study south leg,hydraulic model and options available, seconded by Manager Gilles. Vote: 6/0 Jeff Davis will come back with at least two options for the MSCWMO to consider. Manager Gilles asked when does the decision have to be made for the north model and the southern routes. The answer is Phase III funds have to be approved by the Legislature. Draft MSCWMO Minutes for September 11,2003 2 of 3 r • • Ed Cain is going to draft a letter to the government agencies involved in approval of Phase III money and have the City of Bayport sign it. Manager Beaudet left at 7:55P.M. 6. Other Agenda Items Water Consortium Meeting—Bob Fossum had a map from that meeting showing the MSCWMO boundaries. Several watersheds have unclear boundaries which contributes to unfair taxing for some residents. Bob Fossum passed out copies of a letter from Jane Harper asking the MSCWMO to answer four questions and return the answers to her office by October 3. Bob Fossum will answer the questions and run it by the MSCWMO before mailing back to Jane Harper. It was suggested that in his response he should state the MSCWMO would welcome the opportunity to present at the October 28th meeting. Manager Nelson also suggested the response review the interest in taxing authority by the MSCWMO. The next meeting will be October 9, 2003. 7. Adjourn Manager Hansen made a motion to adjourn, seconded by Manager Nelson. Vote: 6/0 • Meeting adjourned at 8:23P.M. Respectfully Submitted, Dawn Hilde Draft MSCWMO Minutes for September 11,2003 3 of 3 • • Middle St. Croix Watershed Management Organization August 14, 2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:15P.M. by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores Absent: Pat Tinucci,Afton; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point Others in Attendance: Dawn Hilde,Recording Secretary, Bob Fossum,Administrator,WCD, Jeff Davis, SEH 2. Approval of Minutes Manager Beaudet made a motion to approve the July 10, 2003 minutest seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $88,785.94. The check for Oak Park Heights overpaying their assessment for$699.00 has been lost. Afton has not paid their assessment of$313.60. b) Approve payment of bills Two bills for$1,919.62 were presented for payment by the WCD. Manager Jansen made a motion to re-issue a check to Oak Park Heights for the$699.00 overpayment, seconded by Manager Givens. Vote: 7/0. Manager Jansen made a motion to pay the WCD bills, seconded by Manager Beaudet. Vote: 7/0 MSCWMO Minutes for August 14,2003 1 of 3 • S ; 4. Old Business a) Perro Creek Outlet(State Storm Sewer, Phase II) Project construction Update. Jeff Davis, SEH, the engineer for this project presented two change orders for the project. 1)A drop structure requested by Corrections and 2) dewatering from manhole 28 to connection point. The maximum price for these changes would be approximately$37,200. The project cost would go from $722,00 to $759,000. Manager Beaudet made a motion to approve these two change orders, seconded by Manager Jansen. Manager Beaudet made an amendment to this motion to not do the Corrections change order for a drop structure if there are not enough funds, seconded by Manager Jansen. Additionally, Manager Beaudet suggested the total cost not to exceed $37,000, seconded by Manager Jansen. Vote: 7/0 Jeff Davis stated NSP is not giving an easement for the pipe. SEH is working with Excel to get the easement approved. b) Storm Sewer, Phase II/III Project: Funding, Timing and Design Phase III Study—alternate outlet for Perro Creek. Jeff Davis, SEH reported there is $204,000 left in the budget that is earmarked for study and design. SEH is recommending the MSCWMO expand culverts to move water into the river. The 1994 study of flooding issue showed the railroad embankment contributed to the flooding. Manager Beaudet asked what would happen if the MSCWMO extended the project further north into Bayport instead of doing additional railroad project. Manger Beaudet stated that the MSCWMO might want to wait another month until more information is available. If the easement issue holds up the construction we might need the money to pay construction penalties. Manager Beaudet made a motion for the MSCWMO to authorize $1,500 for SEH to study and suggest the options available, and then the MSCWMO could make a decision on one large project, seconded by Manager Jansen. Vote: 7/0 5. New Business a) Development Plan Review Bob Fossum has sent out a letter to respective mayors and chairs explaining the MSCWMO interim process for review and a draft application for them to review. Manager Beaudet made a motion to approve the application, seconded by Manager Givens. Vote: 7/0 MSCWMO Minutes for August 14,2003 2 of 3 r r • b) South Washington County Groundwater Study Bob Fossum stated that the local watersheds are holding off on their financial support commitments until BWSR has finalized the amount of the grant for the groundwater study. This should be on the agenda for the next regular MSCWMO meeting. c) Watershed Management Plan Bob Fossum reported he is in the process of getting the digital information from the county. 6. Other Agenda Items Manager Beaudet passed out copies of the 2004 MSCWMO budget. Manager Beaudet made a motion to approve the 2004 proposed budget and to send out to each organization the share amount they will be allocated by September, seconded by Manager Kamps. Vote: 7/0 Manager Jansen reported on a meeting with Mr. Fitzpatrick and the Lower St. Croix Watershed. This group is working on a Joint Powers Agreement and then will draft a watershed plan. Their main issue of concern is taxing power. Bob Fossum reported there were no reviews to be done this month. 7. Adjourn • Manager Hansen made a motion to adjourn,seconded by Manager Givens. Vote: 7/0 Meeting adjourned at 8:45P.M. Respectfully Submitted, Dawn Hilde MSCWMO Minutes for August 14,2003 3 of 3 • Regular Meeting Agenda • Middle St. Croix Watershed Management Organization September 11, 2003 Washington Conservation District (Located in River Heights Plaza, Stillwater, next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes a) Approval of August 11, 2003 Minutes b) Approval of August 25, 2003 Minutes 3. Treasurer's Report(Anders Hansen) a) Report of Savings Account Assets b) Approve payment of bills 4. Old Business a) Perro Pond Outlet (State Storm Sewer, Phase II) Project construction update and Contractor delay fees (Jeff Davis, SEH, Inc) b) Watershed Management Plan 5. New Business a) South Washington County Groundwater Study 6. Other Agenda Item 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION r^ 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103E to cooperatively manage water resources within the watershed. LETTER OF TRANSMITTAL DATE: September 4, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: September 11, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—September 11,2003 MSCWMO meeting Minutes—Draft minutes for the August 25, 2003 Emergency meeting 2 Draft minutes for August 14th,2003 Board meeting Approved minutes for the July 10th, 2003 Board meeting Informational MSCWMO JPA Community Fee Calculation Formula Item Informational WMOs in the Metro Area map Item MSCWMO Board Members: If any other items need to be included for the September 11, 2003 meeting please contact me at 651-275-1136, ext. 21. Sincerely, /e/ Bob Fossum cc: Dawn Hilde, EOR, Inc. Konrad Koosmann,WCD Jeff Davis, SEH Inc. (Agenda only) Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township U Middle St. Croix Watershed Management Organization August 14, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:15P.M.by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores Absent: Pat Tinucci, Afton; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD, Jeff Davis, SEH 2. Approval of Minutes Manager Beaudet made a motion to approve the July 10, 2003 minutest seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $88,785.94. The check for Oak Park Heights overpaying their assessment for$699.00 has been lost. Afton has not paid their assessment of$313.60. b) Approve payment of bills Two bills for$1,919.62 were presented for payment by the WCD. Manager Jansen made a motion to re-issue a check to Oak Park Heights for the$699.00 overpayment,seconded by Manager Givens. Vote: 7/0. Manager Jansen made a motion to pay the WCD bills, seconded by Manager Beaudet. Vote: 7/0 Draft MSCWMO Minutes for August 14,2003 1 of 1 • Middle St. Croix Watershed Management Organization August 14, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:15P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores Absent: Pat Tinucci, Afton; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD, Jeff Davis, SEH 2. Approval of Minutes Manager Beaudet made a motion to approve the July 10, 2003 minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $88,785.94. The check for Oak Park Heights overpaying their assessment for$699.00 has been lost. Afton has not paid their assessment of$313.60. b) Approve payment of bills Two bills for$1,919.62 were presented for payment by the WCD. Manager Jansen made a motion to re-issue a check to Oak Park Heights for the$699.00 overpayment, seconded by Manager Givens. Vote: 7/0. Manager Jansen made a motion to pay the WCD bills, seconded by Manager Beaudet. Vote: 7/0 Draft MSCWMO Minutes for August 14,2003 1 of 1 44. • • \ 4 4. Old Business a) Perro Creek Outlet(State Storm Sewer,Phase II) Project construction Update. Jeff Davis, SEH, the engineer for this project presented two change orders for the project. 1) A drop structure requested by Corrections and 2) dewatering from manhole 28 to connection point. The maximum price for these changes would be approximately $37,200. The project cost would go from$722,00 to $759,000. Manager Beaudet made a motion to approve these two change orders, seconded by Manager Jansen. Manager Beaudet made an amendment to this motion to not do the Corrections change order for a drop structure if there are not enough funds, seconded by Manager Jansen. Additionally,Manager Beaudet suggested the total cost not to exceed $37,000, seconded by Manager Jansen. Vote: 7/0 Jeff Davis stated NSP is not giving an easement for the pipe. SEH is working with Excel to get the easement approved. b) Storm Sewer,Phase II/III Project: Funding,Timing and Design Phase III Study—alternate outlet for Perro Creek. Jeff Davis, SEH reported there is $204,000 left in the budget that is earmarked for study and design. SEH is recommending the MSCWMO expand culverts to move water into the river. The 1994 study of flooding issue showed the railroad embankment contributed to the flooding. Manager Beaudet asked what would happen if the MSCWMO extended the project further north into Bayport instead of doing additional railroad project. Manger Beaudet stated that the MSCWMO might want to wait another month until more information is available. If the easement issue holds up the construction we might need the money to pay construction penalties. Manager Beaudet made a motion for the MSCWMO to authorize $1,500 for SEH to study and suggest the options available, and then the MSCWMO could make a decision on one large project, seconded by Manager Jansen. Vote: 7/0 5. New Business a) Development Plan Review Bob Fossum has sent out a letter to respective mayors and chairs explaining the MSCWMO interim process for review and a draft application for them to review. Manager Beaudet made a motion to approve the application, seconded by Manager Givens. Vote: 7/0 Draft MSCWMO Minutes for August 14,2003 2 of 2 • b) South Washington County Groundwater Study Bob Fossum stated that the local watersheds are holding off on their financial support commitments until BWSR has finalized the amount of the grant for the groundwater study. This should be on the agenda for the next regular MSCWMO meeting. c) Watershed Management Plan Bob Fossum reported he is in the process of getting the digital information from the county. 6. Other Agenda Items Manager Beaudet passed out copies of the 2004 MSCWMO budget. Manager Beaudet made a motion to approve the 2004 proposed budget and to send out to each organization the share amount they will be allocated by September, seconded by Manager Kamps. Vote: 7/0 Manager Jansen reported on a meeting with Mr. Fitzpatrick and the Lower St. Croix Watershed. This group is working on a Joint Powers Agreement and then will draft a watershed plan. Their main issue of concern is taxing power. Bob Fossum reported there were no reviews to be done this month. 7. Adjourn Manager Hansen made a motion to adjourn, seconded by Manager Givens. Vote: 7/0 Meeting adjourned at 8:45P.M. Respectfully Submitted, Dawn Hilde Draft MSCWMO Minutes for August 14,2003 3 of 3 • Middle St. Croix Watershed Management Organization Emergency Meeting August 25, 2003 WCD Offices DRAFT Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport, Ron Nelson, Stillwater Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point, Jo Ella Givens, Lakeland Shores Others in Attendance: Dawn Hilde, Recording Secretary, Konrad Koosmann, Administrator, WCD, Jeff Davis, SEH This emergency meeting was called to discuss contractor delay claims and the need for an easement agreement with Xcel The contractor is claiming $21,000 for delay fees. Jeff Davis, SEH, has asked for detailed accounting for these fees. These claims were for delays prior to August 15, 2003. Jeff Davis is gathering information from the Corps of Engineers as to how they deal with fees for standing equipment. At the last MSCWMO meeting two change orders were approved, one to dewater area near Manhole 28. Estimate for this dewatering was $27,000. Manager Beaudet stated the MSCWMO should have let the contract for this project contingent upon receiving the easement from Xcel. The previous planned route in 1996 for the pipe had received an easement from NSP. The pipe route was changed because NSP wanted to receive wetland credits. Manager Beaudet stated he has arranged a meeting with Darrel Knutson from Xcel for tomorrow to discuss the easement issue. • Draft MSCWMO Emergency Meeting Minutes for August 25,2003 1 of 1 • Jim Lammers, legal counsel for Bayport, feels the contract we received from Xcel has some clauses that are not clear. The indemnification paragraph is not clear and the request to add Xcel to workman's compensation is not acceptable. Jim Lammers suggested if negotiations failed, Oak Park Heights would have to condemn the property needed for the easement. Manager Beaudet stated the MSCWMO could cancel the contract for construction and then ask the city of Oak Park Heights to pursue eminent domain of the easement area. Manager Beaudet suggested a committee meet with Xcel as soon as possible to resolve the easement issue. Manager McPherson suggested Manager Beaudet, Jeff Davis, Jim Lammers and a representative from Xcel. Manager Beaudet suggested the MSCWMO would have to receive a letter giving the right to trespass on Xcel property by Thursday or cancel the project. The decision was made to continue the dewatering. Manager McPherson made a motion directing Manager Beaudet to start negotiations with Xcel, seconded by Manager Hansen. Vote: 7/0. Manager Hansen made a motion to continue this emergency meeting on September 3, 7:00P.M. at the WCD, seconded by Manager McPherson. Vote: 7/0 Manager Hansen made a motion to recess meeting, seconded by Manager Nelson. Vote: 7/0 Meeting adjourned at 8:00P.M. Respectfully Submitted, Dawn Hilde Draft MSCWMO Emergency Meeting Minutes for August 25,2003 2 of 2 • Middle St. Croix Watershed Management Organization July 10,2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point. Absent: Pat Tinucci, Afton; Robert Kamps, Bayport,Jo Ella Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD. 2. Approval of Minutes Manager Beaudet made a motion to approve the June 12,2003 minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $90,189.67. Oak Park Heights has overpaid their assessment by$699.00. A check in that amount will be returned to Oak Park Heights. Afton, West Lakeland and Lake St. Croix Beach have not paid all of their assessments. b) Approve payment of bills Three bills were presented by Manager Hansen for payment: WCD $223.46 and$11,182.07, and Dawn Hilde$130.00. Manager Beaudet made a motion to pay the bills as presented, seconded by Manager Gilles. Vote: 7/0 4. Old Business a) Perro Creek/Prison Pond Outlet Project-Update MSCWMO Minutes for July 10,2003 1 of 3 The project was projected to start June 30 but had not broken ground as of the 30t. 5. New Business a) Oak Park Square—Update Mitch Johnson, EOR, showed the MSCWMO the location of this development on an area map. Mr. Johnson reviewed his last presentation before the Board. The project has MnDOT approval at this time. Oak Park Heights City Council approved the project last year. Bob Fossum recommended approving this project. Manager Beaudet asked if ownership of the holding pond had been clarified. Mitch Johnson replied that the City Engineer had stated the pond belongs to the City of Oak Park Heights. The MSCWMO asked for clarification of legal right to deposit water into the pond and meeting rate control. Manager Gilles made a motion to approve this project with recommendations, seconded by Manager Jansen. Vote: 7/0 b) Development Plan Review(Tabled at June 12,2003 Meeting) a. Criteria Bob Fossum asked for guidance from the MSCWMO as to what is reviewable? He reviewed his memo on MSCWMO Project Review Criteria. b. Application Manager Jansen made a motion instructing Bob Fossum to send a letter explaining interim process, include permit review criteria and changes suggested, seconded by Manager Beaudet. Vote: 7/0 Manager Beaudet made a motion to approve Draft Permit and send with an explanation letter to cities, also change permit application to Application to Review, seconded by Manager Jansen. Vote: 7/0 c) South Washington County Groundwater Study Washington County, South Washington WD, Valley Branch WD, Ramsey Washington Metro WD, Middle St. Croix WMO, Lake Elmo, Lake St. Croix Beach, Afton, Cottage Grove, Baytown Township, Lakeland, Woodbury, and Oak Park Heights are applying for a 2003/2004 BWSR Challenge Grant. The project title is Integrating Groundwater and Surface Water Management-Southern Washington County. MSCWMO Minutes for July 10,2003 2 of 3 411 a. Consider Financial Support Bob Fossum suggested the MSCWMO could make a contribution to this study by considering using Second Generation Plan and monitoring funds as in-kind funding. BWSR will match funds raised within the community. Bob Fossum asked the MSCWMO managers to read the grant application and be prepared to discuss funding at the next MSCWMO meeting. Bob Fossum suggested the MSCWMO might like to give a cash contribution also. Manager Beaudet asked Bob if he could find out how much each of the involved watersheds is contributing. d) Watershed Management Plan No update. 6. Other Agenda Items The Valley Branch Watershed District has asked all local watersheds to participate in identifying issues that should be addressed in the District's next watershed plan. The workshop is scheduled for July 31, 2003. 7. Adjourn Manager Jansen made a motion to adjourn, seconded by Manager Hansen. Vote: 7/0 Meeting adjourned at 8:00P.M. Respectfully Submitted, Dawn Hilde MSCWMO Minutes for July 10,2003 3 of 3 • The MSCWMO Joint Powers Agreement states that the portion paid by each community is determined in the following way: 1. 40%is determined by amount of land area of a community as a percentage of the land area of the entire watershed. 2. 20%is determined by the tax capacity of a community's area in the watershed as a percentage of the tax capacity of the entire watershed. 3. 40%is determined by the population of a community's area in the watershed as a percentage of the population of the entire watershed. In summary,the amount paid is based 40%on land area, 40%on population, and 20%on tax base for the area of the community within the watershed. 0 Regular Meeting Agenda 0 Middle St. Croix Watershed Management Organization September 11, 2003 Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes -1 Approval of August 11, 2003 Minutes I� e/ Approval of August 25, 2003 Minutes 3. Tre surer's Report(Anders Hansen) a) eport of Savings Account Assets b) Approve payment of bills 4. Old Business a) Perro Pond Outlet (State Storm Sewer, Phase II) Project construction update and Contractor delay fees (Jeff Davis, SEH, Inc) b) Watershed Management Plan 5. New Business a) South Washington County Groundwater Study 6. Other Agenda Item 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • 0 STATE OF MN STORM SEWER PROJECT SUMMARY DATE: SEPT 11,2003 PHASE 2 BID $722,000 DEWATERING $30,000 DELAY-XCEL ENERGY $35,000 TOTAL $787,000 DROP STRUCTURE $8,000 TOTAL WITH DROP $795,000 FUNDING AVAILABLE CONSTRUCTION $947,000 INITIAL GRANT $204,000 TOTAL $1,151,000 .6"...„.„. LESS PROJECTED CONSTRUCTION $795,000 SUBTOTAL $356,000 LESS CONSTRUCTION SERVICES $150,000 LESS CONTINGENCY $75,000 FUNDS AVAILABLE $131,000 `l% FOR PHASE 3 STUDY/DESIGN STUDY REQUEST $74,003‘-) EXCESS$'s —$57,000 4. • Middle St. Croix Watershed Management Organization July 10,2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point. Absent: Pat Tinucci,Afton; Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD. 2. Approval of Minutes Manager Beaudet made a motion to approve the June 12,2003 minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is$90,189.67. Oak Park Heights has overpaid their assessment by$699.00. A check in that amount will be returned to Oak Park Heights. Afton, West Lakeland and Lake St. Croix Beach have not paid all of their assessments. b) Approve payment of bills Three bills were presented by Manager Hansen for payment: WCD $223.46 and $11,182.07, and Dawn Hilde $130.00. Manager Beaudet made a motion to pay the bills as presented, seconded by Manager Gilles. Vote: 7/0 4. Old Business a) Perro Creek/Prison Pond Outlet Project- Update MSCWMO Minutes for July 10,2003 1 of 3 • The project was projected to start June 30 but had not broken ground as of the 30`h. 5. New Business a) Oak Park Square—Update Mitch Johnson, EOR, showed the MSCWMO the location of this development on an area map. Mr. Johnson reviewed his last presentation before the Board. The project has MnDOT approval at this time. Oak Park Heights City Council approved the project last year. Bob Fossum recommended approving this project. Manager Beaudet asked if ownership of the holding pond had been clarified. Mitch Johnson replied that the City Engineer had stated the pond belongs to the City of Oak Park Heights. The MSCWMO asked for clarification of legal right to deposit water into the pond and meeting rate control. Manager Gilles made a motion to approve this project with recommendations, seconded by Manager Jansen. Vote: 7/0 b) Development Plan Review(Tabled at June 12,2003 Meeting) a. Criteria Bob Fossum asked for guidance from the MSCWMO as to what is reviewable? He reviewed his memo on MSCWMO Project Review Criteria. b. Application Manager Jansen made a motion instructing Bob Fossum to send a letter explaining interim process,include permit review criteria and changes suggested,seconded by Manager Beaudet. Vote: 7/0 Manager Beaudet made a motion to approve Draft Permit and send with an explanation letter to cities, also change permit application to Application to Review,seconded by Manager Jansen. Vote: 7/0 c) South Washington County Groundwater Study Washington County, South Washington WD, Valley Branch WD, Ramsey Washington Metro WD, Middle St. Croix WMO, Lake Elmo, Lake St. Croix Beach, Afton, Cottage Grove, Baytown Township, Lakeland, Woodbury, and Oak Park Heights are applying for a 2003/2004 BWSR Challenge Grant. The project title is Integrating Groundwater and Surface Water Management-Southern Washington County. MSCWMO Minutes for July 10,2003 2 of 3 /• 1111 a. Consider Financial Support Bob Fossum suggested the MSCWMO could make a contribution to this study by considering using Second Generation Plan and monitoring funds as in-kind funding. BWSR will match funds raised within the community. Bob Fossum asked the MSCWMO managers to read the grant application and be prepared to discuss funding at the next MSCWMO meeting. Bob Fossum suggested the MSCWMO might like to give a cash contribution also. Manager Beaudet asked Bob if he could find out how much each of the involved watersheds is contributing. d) Watershed Management Plan No update. 6. Other Agenda Items The Valley Branch Watershed District has asked all local watersheds to participate in identifying issues that should be addressed in the District's next watershed plan. The workshop is scheduled for July 31, 2003. 7. Adjourn Manager Jansen made a motion to adjourn, seconded by Manager Hansen. Vote: 7/0 • Meeting adjourned at 8:00P.M. Respectfully Submitted, Dawn Hilde MSCWMO Minutes for July 10,2003 3 of 3 grgral 4111 ® TRANSMITTAL 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 800.325.2055 651.490.2150 FAX TO: Mr.Mike McGuire November 10,2003 Date Administrator A-MSCWM0301.01 St. Paul File Number and Location City of Bayport Client Number 294 North Third Street Bayport,MN. 55033-1027 RE: State Of MN Storm Sewer Phase 2 Project Funding Summary We are ❑ Enclosing 0 Sending Under Separate Cover ❑ As Requested Mike, Attached is the summary that I have compiled based on the information at hand. I would like the City to review and contact me with any revisions you may have as soon as possible.I will be sending this information to the Middle St. Croix WMO for review at their November 13,2003 meeting. If you have any questions feel free to call. 651.490.2025 For your ❑ Information/Records ® Review 0 Approval ❑ Action 0 Distribution 0 Revision and resubmittal REMARKS: The final construction cost(Bid)has not yet been determined. There are a few items that will not be used that may generate overall savings. If all goes well the project should be complete before Thanksgiving. We do anticipate the site restoration part of the contract to remain open until the Spring of 2004. BY: Jeff Davis c: Barry Peters,SEH MSCWMO Members document2 tom Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer • 11110 STATE OF MN STORM SEWER PROJECT SUMMARY DATE:SEPT 11,2003 _ PHASE 2 BID $722,000 - - - DEWATERING $30,000 DELAY-XCEL ENERGY $35,000 TOTAL $787,000 f - DROP STRUCTURE $8,000 TOTAL WITH DROP $795,000 FUNDING AVAILABLE --------------- - ---- CONSTRUCTION L $947,000 'INITIAL GRANT j _� $204,000 - - - - TOTAL - t - - $1,151,000 LESS PROJECTED CONSTRUCTION $795,000 SUBTOTAL L $356,000 LESS CONSTRUCTION SERVICES $150,000 LESS CONTINGENCY $75,000 FUNDS AVAILABLE $131,000 fi I FOR PHASE 3 STUDY/DESIGN fi {{ STUDY REQUEST $74,000 EXCESS$'s $57,000 i 0 STATE OF MN STORM SEWER PROJECT SUMMARY 1 DATE:NOV.10,2003 - PHASE 2 - BID $721,817 - -- DEWATERING t$29,3571 ---y I J f DELAY-XCEL ENERGY 36,346 F- r----f-- ITOTAL ---- 7$787,520 I DROP STRUCTURE _I 1 _4 ._. _.-L TOTAL WITH DROP $787,520 IF BID QTY'S 1 COME IN AS - - SHOWN ON! FUNDING AVAILABLE BID FORM i I I i 1 H i --- CTION $947,131 — CONSTRU 1------i --- ___J_____ - INITIAL GRANT $204,2661-- l I 1TOTAL t 7 --- - $1,151,397 - LESS PROJECTED CONSTRUCTION I $787,520 — $363,877 ------ !SUBTOTAL- ----- t_ - _ I ESSCONSTRUCTION SERVICES + $162,000 I I -r— r—rt - t i ___ �__ LESS CONTINGENCY/CITY COSTS $2Q000 VERIFY WITH -r 1 -�- CITY OF BAYPORT _I _1--__-__ _ -_FUNDS AVAILABLE $181 877 } FOR PHASE 3 STUDY/DESIGN - 1 1 [ $59,3911 1— r— — + ._. - --rt 1 i T t EXPENDED TO DATE 10/31/03 IBUDGET I $56,609! j REMAINING IN STAGE 3 CONTRACT $56,609 Ii -- 1 EXCESS$'s $65,877 _- i 1 - -r--- OTHER PROJECT ISSUES TO ADDRESS. ; _.. i...__ 1...- 1 - - 1 11 4 11OPERATION AND MAINTENANCE GUIDELINES 1 1 I._ 1 2I WINTER MAINTENACE DOCUMENTATION i i 1 3 DESIGN OF PHASE 3 1 1 - - i - — [ _- I_- 111 Regular Meeting Agenda • 1117°' y)> Middle St. Croix Watershed Management Organization li <� y 0.) August 14, 2003V,t✓ 11' )./10Washington Conservation District ' (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 -Regular Meeting Agenda Call to Order „,,---::_- " � 2. Approval of Minutes L 6-Z G2- Approval of July 10, 2003 Minutes ...... ') -,,.4 y Treasurer's Report(Anders Hansen) �' /1.)- - Report of Savings Account Assets �,/ Approve payment of bills /1/7 Annual Fees from Municipalities � 13 4. Old BusinessT U.• a "1,t S <40---, ,00337 Perro Pond Outlet(State Storm Sewer, Phase II) Project construction update Storm Sewer Sewer, Phase II/III Project: Funding, Timing, and Design /7 (Jeff Davis, SEH, Inc. and Ed Cain, Legislative Associates, Inc.) 61/ 5. New Business 3 4 i-i - cy Development plan review77 ,„D South Washington County Groundwater Study .?$ --- ° r a. onsider Financial Support 11N�'�_. c Watershed Management Plan, , 5---'” Cdi i/1/b/( (�jt,`1 6. Othe genda ItemA 5--// .&-' C)liPc '� P:'" 7. Adjourn / /f q,d , �f Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 41111 S MIDDLE ST. CROIX RIVER WATERSHED 1 MANAGEMENT ORGANIZATION t 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136,ext.21 Stillwater,MN 55082 Fax: 651-1254 d A Joint Powers Watershed Management Organization composed of ten St. Croix Valley . Communities that was established under State Statute 103B to cooperatively manage water a resources within the watershed > �l(t LETTER OF TRANSMITTAL DATE: August 21,2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: Metro Area Water Management Map WE ARE SENDING: Via Mail: X Courier: Fax: Mayor Beaudet: I have enclosed a map generated by BWSR that you requested at the last meeting. The map shows the watershed districts and water management organizations in the metro area. This map can be also be accessed on the BWSR website at the following address: http://www.bwsr.state.mn.us/relatedlinks/Metromap03.pdf. I will include this map in the board packet for next month's meeting for all of the board members. Sincerely, Bob Fossum Enc: Metro Area Water Management Map Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township .4111 - • .w f- MIDDLE ST. CROIX RIVER WATERSHED § 44, MANAGEMENT ORGANIZATION 1380 W. Frontage Road, Highway 36 Stillwater, MN 55082 • A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103E to cooperatively manage water ,_.. resources within the watershed. June 16, 2003 Mr. Mitch Johnson,PE Emmons and Olivier Resources, Inc. 651 Hale Avenue Oakdale, Minnesota 55128 RE: Plan for Oakgreen Townhomes (Homes for Me)—City of Oak Park Heights Dear Mr. Johnson: Our office has received the proposed drainage plan dated April 17, 2003, for the proposed Oakgreen Village project site, located in Section 5, Town 29 North, Range 20 West, City of Oak Park Heights. At the April 17, 2003 MSCWMO meeting you presented a plan for review and comment. The board delayed any decision of this proposed project until a MNDOT permit has been granted. As of June 12, 2003 MSCWMO meeting no MNDOT permit had been issued for this project. Therefore, at this time MSCWMO has made a motion to request a sixty day extension for its review of this project to allow for the MNDOT permit to be issued. If you have any questions,please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum MSCWMO Administrator cc: David Beaudet,Middle St. Croix Watershed Management Organization Erik Johnson,Administrator, City of Oak Park Heights Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township A 0 Watershed Management Organizations in the Twin Cities Metropolitian Area February, 2003 UPPER RUM RIVER SUNRISE RIVER COMFORT LAKE/ LOWER RUM RIVER 1 (WD) Anoka 4 COON CREEK(WD) MARINE ON \LXOTIES RICE CREE'(WD) STCROI WEST Ilidil ELM CREEK MISSISSIPP CARNELIAN MARINE SEK VADNAI-, (WD) (WD) LAKE 1r BROWNS AREA CREEK SHINGLE CREEK ' (WD) PIONEER-SARAH CREEK 11114 GRA nom^ • LAKE .1 a sey 1 MIDDLE RAMSEY \Na shingto ST. MISSISSIPPI BASSETT CREEK - CR01 Hennepin r METRO VALLEY CAPITOL (WD) BRANCH T REGION(WD) (WD) MINNEHAHA CREEK(WD) • rl fah CROW RIVER(CT!) • • RICHFIELD NINE ; 00MINGTON yLOWER ■ SOUTH MILE MISSISSIPPI WASHINGTON 'URGATORY CREEK RIVER �D) HAIL CREEK (WD) LOWER Carver BAVAR (yy, ST.CROIX CREE GUN CARVER CREEK(CTY) CHAS KA (CT? J CLLR BASIN LAKE (CTY) LOWER MINNESOTA RIVER(WD) SHAKOPEE _ BLA• BASIN DOG (CTY) Dakota EAST BEVE NS CREEK(CTY) MISSISSIPPI 'RIOR LAKE _ SPRING LAK: CREDIT (WD) RIVER VERMILLION RIVER(CTY) (CTY) Scott SOUTHWEST SAND CREEK(CTY) (CTY) 111. fl NORTH CANNON RIVE n.A Planning and Implementation of 103B.201 n Watershed District kW n Joint Powers WMO's .. 0 County 1111 410 2003 MSCWMO Representatives Pat Tinuccii 346 Croixview Dr S Afton,MN 55001 651-436-3429 ��` Jim Gillesvo, 690 Quinnell Avenue N ��� Lakeland,MN 55043 � ;ti,, 651-436-8044 David Beaudet 6400 Lookout Trail Oak Park Heights,MN 55082 7 651-439-2582 Ron Nelson 509 Broadway St. S. '�� Stillwater,MN 55082 651-439-2275 John McPherson � Trail N o �l V 2398 Stagecoach Stillwater,MN 55082 651-439-3754 John Jansen P.O.Box 194 Lake St.Croix Beach,MN 55043 651-436-8966 Judy Bellairs 16477 23rd St. S. St.Mary's Point,MN 55043 651-436-2353 Anders Hansen P.O.Box 135 Stillwater,MN 55082 651-439-1881 Joella Givens 165 Quinlin Ave.N. Lakeland Shores,MN 55043 651-436-4887 Robert Kamps 137 N. 5th St. Bayport,MN 55003 651-439-9370 ar�`b�y ! 6661 ° 1/4 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 Stillwater, MN 55082 , A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. June 12, 2003 Eric Johnson, Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights,MN 55082-2007 RE: City of Oak Park Heights Wetland Ordinance Dear Mr. Johnson: The Middle St. Croix Watershed Management Organization has been asked to review and comment on a draft wetland ordinance for the City of Oak Park Heights now under consideration. At the June 12, 2003 meeting of the MSCWMO board has directed me to provide the following comments pertaining to the draft wetland ordinance for the City of Oak Park Heights. Based on the ordinance provided MSCWMO offers the following comments. Sec. 5.A: Wetland buffer areas also provide valuable areas for infiltration by slowing runoff into the wetland. This prevents large fluctuations in water level,which can negatively impact the biotic communities of the wetland. Sec. 5.F: It appears that this section only applies to existing buffers? The buffer disturbance requirements of this section should apply to new buffers created,during development, as well. Sec. 8.B.4: The ordinance would allow existing agricultural practice that negatively impact wetlands. Prohibition of existing agricultural practices in the buffer area that negatively impact the wetland should be achieved in this section. Sec. 9.A.4: Regular maintenance of silt fence and other erosion control measures during construction especially after significant rainfall is critical around wetlands. This requirement should be added to this section or as an alternative the section of the Oak Park Heights Ordinances pertaining to erosion and sediment control could be referenced here. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Overall the MSCWMO is pleased with the level of protection that this ordinance would provide for wetlands in the City of Oak Park Heights. We appreciate the opportunity to review and comment on issues that directly impact the water resources of the Watershed. If you have any questions,please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum Administrator,MSCWMO cc: John Smyth,Bonestroo&Associates(via email) • Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 1NC'TON Cp � �WASHINGTON COUNTY James R.Schug County Administrator ::144! OFFICE OFFICE OF ADMINISTRATION Molly F.O'Rourke s r Deputy Administrator GOVERNMENT CENTER 011111101.13'76` 14949 62ND STREET NORTH • P.O. BOX 6• STILLWATER,MINNESOTA 55082-0006 *I's my•pRoC•c"5. 651-430-6001 Facsimile Machine 651-430-6017 September 4,2003 TO: Cliff Aichinger,RWWD Steve Hobbs, RCWD Matt Moore, SWWD John Hanson,VBWD John Bower, CMWD Jim Leroux, CLFLWD Craig Leiser,BCWD Jim Shaver, Marine WMO Jim Fitzpatrick,LSCWMO I Bob Fossum,MSCWMO FROM: Jane Harper , '— -r RE: Budget Inf oration For the past few years, the County Board has scheduled time to review each watershed districts proposed budget for the upcoming year. Each district was allotted fifteen minutes; taking approximately two hours to review all seven watershed districts. The County Board has asked that we change the format this year. It is interested in receiving a written summary of the proposed budgets with presentations from only a few districts. The tentative date of the County Board presentation is October 28th. I need your help in preparing a summary document. Could you supply me with information answering the following questions by October 3? If your information cannot be ready by that date please let me know so that we can work out an alternate deadline. Based on this information we will ask one or two organizations to make a brief presentation to the County Board. The questions that watershed districts have been asked to address include: 1. What is the District's proposed 2004 budget and what are its major revenue sources? How does the proposed budget compare to the 2003 adopted budget? Are there any anomalies in the proposed budget? 2. What is the District's proposed Year 2004 property levy and how has it changed from the Year 2003 levy? 3. What are the District's priority projects and programs for Year 2004? Are there any"hot"issues that the district is addressing? 4. How is the District implementing the concepts promoted by the Governance Study,e.g. shared services, partnerships, land use coordination within cities,citizen involvement, and consolidation? You can email your information to me at jharper@co.washington.mn.us or mail a hard copy to the above address. Thanks for your assistance. N:\WP\WAT\wdbudgetlet.doc EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION • ! The MSCWMO Joint Powers Agreement states that the portion paid by each community is determined in the following way: 1. 40%is determined by amount of land area of a community as a percentage of the land area of the entire watershed. 2. 20% is determined by the tax capacity of a community's area in the watershed as a percentage of the tax capacity of the entire watershed. 3. 40%is determined by the population of a community's area in the watershed as a percentage of the population of the entire watershed. In summary,the amount paid is based 40% on land area, 40%on population, and 20%on tax base for the area of the community within the watershed. MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION . 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 4. Stillwater, MN 55082 Fax: 651-1254 ' A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water ,.; resources within the watershed July 11, 2003 Eric Johnson,Administrator, City of Oak Park Heights City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: Review of Oakgreen Townhomes (Homes 4 Me)—City of Oak Park Heights Dear Mr. Johnson: Our office has received the proposed drainage, grading, and erosion control plan, for the proposed Oakgreen Townhomes project site, located in Section 5, Town 29 North, Range 20 West, in the City of Oak Park Heights. At the April 17, 2003 MSCWMO meeting you presented a plan for review and comment. The board delayed any decision of this proposed project until a MNDOT permit has been granted. A MNDOT drainage permit was granted on June 18, 2003. Middle St. Croix Watershed Management Organization offers the follows comments. Stormwater Management and Drainage The majority of the site is proposed to drain to the east and into the west ditch of Oakgreen Avenue, which flows north to a stormwater pond on the south side of the frontage road for Hwy 36 (identified as Pond 21 in the 1995 Oak Park Heights Annexation Area Surface Water Management Plan(SWMP)). The remainder of the site is proposed to drain to the west and eventually reach Pond 21 as well. The outflow from this pond in the proposed developed condition does not exceed the discharge determined in the Oak Park Height's Annexation Area SWMP. The owner of this pond is ultimately responsible for the drainage that leaves it. At this time it is still uncertain who the owner of Pond 21 is. We would request that the ownership of Pond 21 be determined. Additionally, we would recommend that the roof top water be routed over grassed, pervious areas as much as possible to encourage infiltration and as much runoff reduction as possible. If down spouts are being used these should be directed to grassed areas instead of impervious surfaces. Erosion and Sediment Control The proposed grading plan indicates that all of the site will be disturbed during this project. This level of grading will require timely and effective erosion and sediment control. The proposed erosion control plan Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township ! appears adequate. We would emphasis the need for all temporary erosion control measures to be in place before grading of the site begins. We would also emphasis that continued maintenance will be needed to maintain these erosion control measures. This is especially important because of the large amount of grading that is proposed, as the likelihood of damage of the silt fence by construction equipment becomes greater. Silt fence maintenance will likely be needed after significant rainfall events as well. Middle St. Croix WMO appreciates the opportunity to review development plans in your city. Please call me with any questions you may have at 651-275-1136, ext. 21. Sincerely, Bob Fossum MSCWMO Administrator Mitch Johnson,PE,Emmons and Olivier Resources, Inc. Jason Myrlie, Homes 4 Me, Inc. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • i MIDDLE ST. CRO IX RIVER WATERSHED MANAGEMENT ORGANIZATION �. 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136,ext. 21 Stillwater, MN 55082 Fax: 651-1254 F A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. LETTER OF TRANSMITTAL DATE: August 7, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: August 14,2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—August 14,2003 MSCWMO meeting 2 Minutes—Draft minutes for July 10th,2003 Board meeting and approved minutes for the June 12th, 2003 Board meeting MSCWMO Board Members: A letter sent to each community describing the development review process was not fmished at the time of this mailing. This will be done before the next meeting and copies will be available at the meeting. If any other items need to be included for the August 14,2003 meeting please contact me at 651-275-1136, ext. 21. Sincerely, Bob Fossum cc: Dawn Hilde,EOR, Inc. Konrad Koosmann,WCD Ed Cain,Legislative Assoc.Inc. (Agenda only) Jeff Davis, SEH Inc. (Agenda only) Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 410, 4111 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road,Hwy 36, Stillwater,MN 55082 Office: 651-275-1136, ext 21 Fax: 651-275-1254 APPLICATION FOR REVIEW Proiect Information To Be Completed By The Applicant Date Name of Project: Purpose of Project: Location of Project(street address,if known): City or Township: Legal description: Section: 1/4 Section: Township: N. Range: W General Project Description: Name of Authorized Agent: Representing: Street Address: City: Zip: Day Telephone: Fax: (Signature of Authorized Agent) Name of Property Owner: Owner's Street Address: Owner's City: Owner's Zip: Owner's Telephone: Owner's Fax: Attached are plans for supporting documents for: _ Land Development Wetland Alteration Grading or Alteration,Area= Acres _St.Croix River Impact _Site Drainage _Floodplain Development • Erosion Control _Use and/or Appropriation of Public Water _Shoreland or Streambank Impact _Other: Explain Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • 4111 A A MIDDLE ST. CROIX RIVER WATERSHED ~f' MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 21 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water u' resources within the watershed. August 11,2003 Honorable Mayor David Beaudet City of Oak Park Heights 14168 North 57th Street,P.O. Box 2007 Oak Park Heights,MN 55082-2007 RE: Middle St. Croix Watershed Management Organization development review process Dear Mayor Beaudet: Part or all of your community is within the Middle St. Croix Watershed Management Organization's boundary. MSCWMO is in the process of updating its watershed management plan and completion is expected in October 2004. Part of the plan will include a formal review process for development projects in the watershed. In the interim, MSCWMO has adopted an informal review process until the watershed management plan is complete. At the July 10,2003 regular meeting the MSCWMO adopted an interim review process for projects in the watershed. The following is the criteria adopted by MSCWMO at its July 10, 2003 meeting to be used in determining which projects it may review. Middle St. Croix WMO may review projects in the watershed that meet any of the following criteria: • Projects that have grading or land alteration of greater than 1 acre. • All subdivisions including planned unit developments EXCEPT subdivisions creating less than 4 lots. • Projects that impact wetlands. • Projects that have alteration/building in floodplains. • Projects that have alteration/building below the 100 yr floodplain of the St. Croix River. • Projects that have/impact drainage between multiple member communities or between MSCWMO and other Watershed Districts. • Projects done by member cities,townships, and other governmental units (county, state,hwy projects) Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township MSCWMO requests that member cities and townships refer all projects to MSCWMegardless of size, location, potential impacts, etc. MSCWMO will then supply the developer with a review application. Ideally, this application could be given to each applicant with the city or township application materials. Upon submittal of the application a determination would be made in regard to the project's impacts and whether the project meets review criteria. Please forward this letter to the appropriate individual responsible for project review in your community. If you have any questions regarding this request please feel free to call me at 651-275-1136, ext. 21. Sincerely, Bob Fossum MSCWMO Administrator Cc: Erik Johnson,Administrator, City of Oak Park Heights Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Special Meeting Agenda Middle St. Croix Watershed Management Organization October 30,2003 At Washington Conservation District (Located in Valley Ridge Shopping Center, Stillwater,next to the Washington County License Center) 7:00 PM-Special Meeting Agenda 1. Call to Order 2. Consider alternatives for State Storm Sewer Project, Phase III, Bayport a. Jeff Davis, SEH, Inc. 3. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township (---,(,TON�,O IP • "_ °� WASHINGTON COUNTY District 1lChaDennis C. berg `. Bill Puikrabek — ' '�-ice COUNTY BOARD AGENDA Distri`t2 �� r. m Nile L.Kriesel Nin'., �y~� District 3 N1Vsrer.paC ss. OCTOBER 28, 2003 — 9:00 A.M. District arson Dick Stafford 1. 9:00 Roll Call District 5 Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government,whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium,state your name and address,and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant,repetitive,overly argumentative,or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar 4. 9:10 Financial Services—Edison Vizuete,Director Consider Award of Jail Refunding Bonds and Capital Improvement Bonds 5. 9:20 Public Health and Environment—Judy Hunter, Senior Program Manager A. Set Public Hearing for Amendments to the Solid Waste Management Ordinance#163 B. Sunset Public Health Advisory Committee—Mary McGlothlin,Director 6. 9:40 Transportation and Physical Development—Sandy Cullen, Transportation Manager Railroad Crossing for Preferred Alternative for the CSAH 8 Project 7. 9:55 General Administration—Jim Schug,Administrator 8. 10:05 Commissioner Reports—Comments-Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities,make comments on matters of interest and information,or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:25 Adjourn 11. 10:30 2004 Budget Hearings to 11:30 A. Washington Conservation District B. Water Management Organizations 12. 11:30 Board Workshop with Transportation and Physical Development to 11:50 Noise Mitigation Along County Highways * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES Date Committee Time Location October 27 Library Board 6:30 p.m. 8595 Central Park—Woodbury October 28 Planning Advisory Commission 7:00 p.m. Washington County Government Center October 29 League of Local Governments 6:00 p.m. Prom Center,484 Inwood Avenue N.—Oakdale Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier,please call(651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASIOIGTON COUNTY BOARD OF COMMISSIONER" CONSENT CALENDAR * OCTOBER 28, 2003 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of county comments on the City of Bayport's proposed establishment of Tax Increment Financing (TIF) District No. 2-1, within the proposed Municipal Development District No. 2. Community Services B. Approval of the 2003-2005 contract with Woodbury Villa, Inc. for assisted living plus services. C. Information only- Child foster care daily basic maintenance, initial clothing allowance and difficulty of care rate for 2004. D. Approval of the 2003 contract with Helena Family Support, Inc. for professional home based mental health services, family community support services, and therapeutic support to foster care services. E. Approval of an occupancy agreement between the Workforce Center Division and Inver Hills Community College to utilize training space in the Cottage Grove College Center. Human Resources, Employee F. Approval to amend the flexible Benefits Plan. Safety and Risk Management Transportation and Physical G. Approval of resolution,final payment to Union Pacific Railroad in the Development amount of$6,817.22 for construction of rail road signals at the CSAH 13 crossing in Oakdale. H. Approval of resolution,award of bids for sale of houses and structures on park land and rejection of bids to demolish various houses and structures. Consent Calendar items are generally defined as items of routine business,not requiring discussion,and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s)for discussion and/or separate action. ,+ 1111 WASHINGTON COUNTY REQUEST FOR BOARD ACTION TIME REQUIRED CC October 28,2003 AGENDA ITEM NO. BOARD MEETING DATE ORIGINATING DEPARTMENT/SERVICE BOARD ACTION REQUIRED Administration Approval of county comments on the City of Bayport's proposed REQUESTOR'S SIGNATURE/DATE establishment of Tax Increment Financing(TIF)District No. 2-1,within the proposed Municipal Development District No. 2. REVIEWED BY/DATE i BACKGROUND/JUSTIFICATION The City of Bayport will hold a public hearing on the establishment of Tax Increment Financing(TIF)District No. 2-1 on November 3,2003 at 7:00 p.m. The proposed TIF assistance will provide funding for the construction of 56 units of assisted living. The existing facility,which is currently tax exempt,will be demolished in two phases. The first phase of reconstruction will include the construction of 44 units of assisted living and 11 memory care units which the plan assumes will be tax exempt. The second phase will include construction of the above mentioned 56 units of independent living that the plan assumes will become taxable. The County Assessor has removed the tax exemption on the current Croixdale facility for pay 2004. The County comments reflect the issue of taxable or exempt and its impact on the tax increment plan. • PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED MEDIA CONTACT Reviewed by the Assessment,Taxpayer Services&Elections and Transportation&Physical Development Departments, County Attorney's Office and Office of Administration. DATE/TIME RECEIVED BY COUNTY ATTORNEY REVIEW/DATE FINANCIAL IMPLICATIONS: OCTCOUNTY ADMINISTRAT T 2 8 2003 $ BUSINESS UNIT(S): COUpADMINIS i '/)R/DATE ADMINISTRATIVE RECOMMENDATION prAPPROVAL 41/03 ❑DENIAL 0 NO RECOMMENDATION OBJECT(S): COMMENTS BUDGETED YES NO FUNDING LEVY OTHER REVISED 12/98 111/ • `, ' WASHINGTON COUNTY James R.Schug County Administrator OFFICE OF ADMINISTRATION a Molly F.O'Rourke GOVERNMENT CENTER Deputy Administrator 66erer.pRos0 14949 62ND STREET NORTH P.O.BOX 6 STILLWATER,MINNESOTA 55082-0006 651-430-6001 Facsimile Machine 651-430-6017 October 28, 2003 Nick Skarich Vice President, Partner - Northland Securities,Inc. 45 South 7th Street, Suite 2500 Minneapolis, MN 55402 Re: Establishment of Tax Increment Financing(TIF)District No. 2-1 in the City of Bayport Dear Mr. Skarich: Thank you for the opportunity to provide comments concerning the creation of the above referenced TIF District. According to the documents submitted, this TIF District will provide funding for the construction of 56 units of independent living. The existing facility,which is tax exempt for 2002,pay 2003,will be demolished in two phases. The first phase will include the construction of 44 units of assisted living and 11 memory care units that are proposed to be tax • exempt. The second phase will include construction of the above mentioned 56 units of independent living that is proposed to become taxable. Washington County submits the following comments on the proposal pursuant to Minnesota Statute 469.175, subd. 2. The proposed TIF district impacts the County as a taxing jurisdiction. However it is difficult to determine how much county levy revenue per year would be impacted by the creation of the TIF district due to the classification issues noted below. Parcel 03.029.20.41.0010 consists of the 40 senior apartment units and has an estimated market value for 2003/pay 2004 of$2,571,300 and tax capacity of 32,141. Parcel 03.029.20.44.0022 consists of the 44 assisted living units(39 single units and 5 double units)and has an estimated market value for 2003/pay 2004 of$3,518,100. The tax capacity on this parcel is 43,976. Both taxation parcels were classified as tax exempt for 2002/pay 2003. The assessor has reviewed information provided by Croixdale and determined the appropriate classification is 100%taxable on both parcels for 2003/pay 2004. However,the TIF plan provided assumes only 50%of the property is taxable for pay 2004, and assumes a market value of$1,259,250 and a tax capacity of 15,741. All of the calculations and exhibits included in the proposed plan are based on that assumption. If the City's intention is to include the entire Croixdale facility in the TIF district,the values for both parcels will need to be used. In addition,since pay 2004 is the base year for this TIF district, any litigation initiated by the property owner related to the 2004 class or value could . EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION • • affect the base TIF values. The issue of what portion of the property is taxable would need to be resolved before we can provide a good estimate as to the tax impact of the proposed district. Washington County supports housing strategies that contribute to the availability of housing for persons or families of low and moderate income. Croixdale Residence has a long history of providing affordable and reasonable rates. We urge the City to work with Croixdale Residence to assure this development maintains or increases the existing level of housing for low and moderate income seniors at the facility. As a part of the Washington County Long Term Care Service Development Plan 2004/2005 secure memory care with well-trained staff has been identified as an area of high need. Therefore,the county welcomes the addition of 11 memory care units at the facility. Based on the information submitted,the county's Department of Transportation and Physical Development does not see any significant impact to the county's transportation system. We appreciate the opportunity to provide comments on the proposed district. We request that these comments be incorporated into the record at the public hearing on November 3, 2003. Sincerely, James R. Schug County Administrator Cc: Washington County Board of Commissioners Mike McGuire, City of Bayport Ms. Mary Ippel,Briggs and Morgan EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION • c4klit 1 4-- 11/11 Rikil-UAci Perro Creek-XP SWMM resuts for 100-year Type II rainfall event C= Existing Conditions _ _ Name Max Flow Pipe D/Height Width Length Slope n US inv US Peak DSofPond 26 Circular 3.5 2 95 0.42 0.014 742.50 744.10 cr14 27 Circular 3.5 60 0.73 0.014 735.72 737.33 4th&95 128 Rectangular 4 _ 6 280 1.75 0.015 704.96 706.55 USofBend 152 Natural 4 4.4 240 1.50 0.040 700.00 702.50 Bend 146 Natural 4 4.4 80 0.25 0.015 696.40 701.45 USfrom3AvS 221 Natural 3 600 _ 0.15 0.040 687.26 691.92 3avSo 101 Rectangular 3 3 50 0.00 0.015 686.34 691.11 3avSo 123 Trapezoidal 1 40 50 0.00 0.030 690.10 691.11 USofRR 232 Natural 4 3 450 0.34 0.040 686.34 690.26 rr 220 Circular 4 60 1.63 0.015 684.79 688.64 rr 0 Trapezoidal 1 40 100 0.00 0.030 690.00 688.64 DSofRR 221 Natural 4 40 300 1.00 0.030 683.81 686.59 Alternative A: Diversion at 3rd Ave N/2nd St bend through Andersen Corporation parking lot Name Max Flow Pipe D/Height Width Length Slope n US inv US Peak DSofPond 26 Circular 3.5 2 95 0.42 0.014 742.50 744.10 cr14 27 Circular 3.5 60 0.73 0.014 735.72 737.33 4th&95 128 Rectangular 4 6 280 1.75 0.015 704.96 706.55 USof Bend 152 Natural 4 4.4 240 1.50 0.040 700.00 702.73 Bend 19 Natural 4 4.4 80 0.25 0.015 696.40 698.49 Andersen 129 Rectangular 1.5 16 2000 0.70 0.014 697.50 698.49 3av 19 Rectangular 1 2.5 10 1.00 0.014 696.20 698.47 3av 0 Trapezoidal 1 40 10 _ 1.00 0.020 700.20 698.47 USfrom3AvS 136 Natural 3 2.5 600 0.15 0.040 687.26 690.96 3avSo 98 Rectangular 3 3 50 0.00 0.015 686.34 690.66 3avSo 35 Trapezoidal 1 40 50 0.00 0.030 690.10 690.66 USofRR 139 Natural 4 40 450 0.34 0.040 686.34 689.84 rr 138 Circular 4 60 1.63 0.015 684.79 687.52 rr 0 Trapezoidal 1 40 100 0.00 0.030 690.00 687.52 DSofRR 140 Natural 4 300 1.00 0.030 683.81 686.10 Alternative A+ another Diversion at 3rd Avenue South Name Max Flow Pike D/Height Width Length , Slope n US inv US Peak DSofPond 26 Circular 3.5 2 95 0.42 0.014 742.50 744.10 cr14 27 Circular 3.5 60 0.73 0.014 735.72 737.33 4th&95 128 Rectangular 4 6 280 1.75 0.015 704.96 706.55 USof Bend 152 Natural 4 4.4 240 1.50 0.040 700.00 702.73 Bend 19 Natural 4 4.4 80 0.25 0.015 696.40 698.49 Andersen 129 Rectangular 1.5 16 2000 0.70 0.014 697.50 698.49 3av 19 Rectangular 1 2.5 10 1.00 0.014 696.20 698.47 3av 0 Trapezoidal 1 40 10 1.00 0.020 700.20 698.47 USfrom3AvS 186 Natural 3 2.5 600 0.15 0.040 687.26 690.07 3avSo 27 Rectangular 1 3 50 0.00 0.015 686.34 689.63 3avSo 0 Trapezoidal 1 40 50 0.00 0.030 690.10 689.63 DiversionB 122 Rectangular 1 15 1000 1.00 0.014 687.50 689.63 USofRR 35 Natural 4 450 0.34 0.040 686.34 688.17 rr 35 Circular 4 60 1.63 0.015 684.79 686.06 rr 0 Trapezoidal 1 40 100 _ 0.00 0.030 690.00 686.06 DSofRR 46 Natural 4 3 300 1.00 0.030 683.81 685.20 • • Middle St. Croix Watershed Management Organization July 10, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Ron Nelson, Stillwater, Judy Bellairs, St. Mary's Point. Absent: Pat Tinucci, Afton; Robert Kamps, Bayport, Jo Ella Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, Administrator, WCD. 2. Approval of Minutes Manager Beaudet made a motion to approve the June 12, 2003 minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $90,189.67. Oak Park Heights has overpaid their assessment by$699.00. A check in that amount will be returned to Oak Park Heights. Afton, West Lakeland and Lake St. Croix Beach have not paid all of their assessments. b) Approve payment of bills Three bills were presented by Manager Hansen for payment: WCD $223.46 and $11,182.07,and Dawn Hilde $130.00. Manager Beaudet made a motion to pay the bills as presented, seconded by Manager Gilles. Vote: 7/0 4. Old Business a) Perro Creek/Prison Pond Outlet Project- Update Draft MSCWMO minutes for July 10,2003 1 of 1 • • The project was projected to start June 30 but had not broken ground as of the 30`h. 5. New Business a) Oak Park Square—Update Mitch Johnson, EOR, showed the MSCWMO the location of this development on an area map. Mr. Johnson reviewed his last presentation before the Board. The project has MnDOT approval at this time. Oak Park Heights City Council approved the project last year. Bob Fossum recommended approving this project. Manager Beaudet asked if ownership of the holding pond had been clarified. Mitch Johnson replied that the City Engineer had stated the pond belongs to the City of Oak Park Heights. The MSCWMO asked for clarification of legal right to deposit water into the pond and meeting rate control. Manager Gilles made a motion to approve this project with recommendations, seconded by Manager Jansen. Vote: 7/0 b) Development Plan Review (Tabled at June 12, 2003 Meeting) a. Criteria Bob Fossum asked for guidance from the MSCWMO as to what is reviewable? He reviewed his memo on MSCWMO Project Review Criteria. b. Application Manager Jansen made a motion instructing Bob Fossum to send a letter explaining interim process, include permit review criteria and changes suggested, seconded by Manager Beaudet. Vote: 7/0 Manager Beaudet made a motion to approve Draft Permit and send with an explanation letter to cities, also change permit application to Application to Review, seconded by Manager Jansen. Vote: 7/0 c) South Washington County Groundwater Study Washington County, South Washington WD, Valley Branch WD, Ramsey Washington Metro WD, Middle St. Croix WMO, Lake Elmo, Lake St. Croix Beach, Afton, Cottage Grove, Baytown Township, Lakeland, Woodbury, and Oak Park Heights are applying for a 2003/2004 BWSR Challenge Grant. The project title is Integrating Groundwater and Surface Water Management-Southern Washington County. Draft MSCWMO minutes for July 10,2003 2 of 2 • a. Consider Financial po Bob Fossum suggested the rtMSCWMO could make a contribution to this study by considering using Second Generation Plan and monitoring funds as in-kind funding. BWSR will match funds raised within the community. Bob Fossum asked the MSCWMO managers to read the grant application and be prepared to discuss funding at the next MSCWMO meeting. Bob Fossum suggested the MSCWMO might like to give a cash contribution also. Manager Beaudet asked Bob if he could find out how much each of the involved watersheds is contributing. d) Watershed Management Plan No update. 6. Other Agenda Items The Valley Branch Watershed District has asked all local watersheds to participate in identifying issues that should be addressed in the District's next watershed plan. The workshop is scheduled for July 31, 2003. 7. Adjourn Manager Jansen made a motion to adjourn, seconded by Manager Hansen. Vote: 7/0 Meeting adjourned at 8:00P.M. Respectfully Submitted, Dawn Hilde Draft MSCWMO minutes for July 10,2003 3 of 3 r • • Middle St. Croix Watershed Management Organization June 12,2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:15P.M. by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Ron Nelson, • Stillwater, Jo Ella Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD. 2. Approval of Minutes Manager Beaudet made a motion to approve the May 8,2003 minutes, and the May 29 Community Meeting Minutes, seconded by Manager Jansen. Vote: 6/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $69,749.89. b) Approve payment of bills The only bill to be paid was WCD for$516.57. Manager Beaudet made a motion to pay the bill as presented, seconded by Manager Jansen. Vote: 6/0 c) Annual Fees from Municipalities Bob Fossum will be sending out letters for the second half of the assessments. MSCWMO minutes for June 12,2003 lof 1 • • 4. Old Business a) Perro Creek/Prison Pond Outlet Project-Update Bob Fossum attended the preconstruction meeting last week. SEH plans to start the project on June 30. This project will connect upper project to the St. Croix River. 5. New Business a) Oak Park Square—Update Nothing new to report. June 17 is the MSCWMO's deadline to review this project. Manager Gilles made a motion for Bob Fossum to send a letter to the developer asking for a 60 day extension. The MSCWMO is waiting for approval of the project from MnDOT. If the developer does not agree to a 60 day extension then the MSCWMO will not give approval to the development, seconded by Manager Hansen. Vote: 6/0 b) Watershed Management Plan–Update 1. Bob Fossum reviewed the Community Meeting and asked for comments by the MSCWMO Board Members. They all felt the meeting went well. 2. The next step is to start compiling the management plan. Phil Belfiori, BWSR suggested contacting agencies such as the DNR, BWSR, etc. Manager Beaudet suggested appointing a technical committee to look at other watershed plans for ideas. Bob Fossum stated the MSCWMO should also be working on a budget process for the plan. Bob Fossum will be doing the mapping work this fall and winter. c) Development Plan Review Tabled for next meeting. d) Review and Comment Letter regarding Oak Park Heights Wetland Ordinance Bob Fossum distributed and reviewed his comments for the Oak Park Heights Wetland Ordinance. Manager Beaudet made a motion to approve these comments and to forward them to the Oak Park Heights City Council, seconded by Manager Giles. Vote: 6/0 6. Other Agenda Items Managers McPherson and Beaudet met with Nile Kriesel, County Board Commissioner to discuss taxing authority for the watershed. They pointed out that it is a fairness issue for communities located in more than one watershed. MSCWMO minutes for June 12,2003 2of 2 • Bob Fossum asked for a letter of support from the MSCWMO to include with the WCD application for a BWSR Challenge Grant for the South Washington Ground Water Study. Manager Beaudet made a motion to write a letter of support for the WCD, and send copies to all the communities involved for their support and signatures, seconded by Manager Gilles. Vote: 6/0 7. Adjourn Manager Hansen made a motion to adjourn, seconded by ManagerBeaudet. Vote: 6/0 Meeting adjourned at 7:50P.M. Respectfully.Submitted, Dawn Hilde MSCWMO minutes for June 12,2003 3of 3 0 Regular Meeting Agenda 'L' Middle St. Croix Watershed Management Organization July 10,2003 • Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. p val of Minutes a) Approval of June 12, 2003 Minutes 45 '!'� e.A 41 3. T asurer's Report(Anders Hansen) qtst / ; dJ Report of Savings Account Assets f; I( Approve payment of bills '2 'i`i2'Z- c) Annual Fees from Municipalities (JJ .'ti 4. Old Business4 0L I. oi a) , Perro Pond Outlet Project—Update i ,; /0 5. New Business Oak Park Square Townhomes Development plan review(Tabled at June 12, 2003 Meeting) Application c) outh Washington County Groundwater Study /Consider Financial Support d) Watershed Management Plan b13. (L ^' 6. Other Agenda Item 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 4IC y�r/ e;� Jvr—r 2003/2004 BWSR Challenge Grant Application C/kIA71.REFERENE INFORMATION Applicant: Washington County,South Washington WD,Valley Branch WD,Ramsey , k ) �r Washington Metro WD,Middle St.Croix WMO,Lake Elmo,Lake St.Croix \l i�" Beach,Afton,Cottage Grove,Baytown Township,Lakeland,Woodbury,Oak Park Heights Project Title: Integrating Groundwater and Surface Water Management-Southern Washington County Project Manager: Cindy Weckwerth-Program Manager,Washington County Public Health& Environment Fiscal Agent: Washington County Mailing Address: Box 3803 Stillwater,MN 55082-3803 Telephone/Fax: • 651-430-6703/651-430-6730 Email: wecicweqh4co.washingtonmn.us Total Amount Requested: \1 \$75,000 �- N® , d. 2.PURPOSE: Groundwater's rote su /water management is vital,but poorly understood. Watershed Districts will integrate groundwater elements into their management strategies and policies protecting lakes, wetlands,streams,and water supplies dependent on groundwater. 3.PROJECT SUMMARY: Groundwater components in southern Washington County constitute a major portion of the water management puzzle. Watershed Districts and other LGUs lack the key groundwater pieces to manage the entire hydrologic system.Groundwater components factor into virtually all of the costly water resource projects and water related litigation that have been undertaken in southern Washington County. Currently,there is a large amount of study of groundwater in the Baytown/Lake Elmo Well Advisory area in an attempt to determine the source area of the TCE contamination. Additionally,the City of Woodbury,with local and agency partners has undertaken a study to ensure long-term supply wells despite growth in the region. These studies are focused on specific,local areas,however,a comprehensive regional groundwater study that links the groundwater resources to the ever-changing surface water features is lacking. Many priority water features and resources in the study area are inextricably dependent on groundwater for their sustainability.Washington County along with the Watershed Districts,Townships,and Cities collaborating in this project have the mutual goal of integrating groundwater components with surface water components to holistically manage and protect the entire hydrologic system. This project will compliment the North Washington County Groundwater Study completed in 2002-2003 funded through a BWSR Challenge Grant to assess groundwater in all of Washington County. 3-A. Relationship to Comprehensive Local Water Plans: Table A. outlines key relationships between CLWP Plan Driving Issue Statement Goals and Objectives Washington pg. 114: There is a "Lack of Develop and implement public and agency awareness County understanding of surface and and knowledge of groundwater resources. Develop groundwater interconnection" technical basis for planning and controls in managing interconnected surface and groundwater resources. RWMWD Sect.IV: "Promote increased open spaces Sect IV: "Cooperate with other agencies in and reduction of impervious surfaces to completion of studies to evaluating how surface water potentially increase groundwater management activities affect groundwater resources" recharge" SWWD Sect.III"Encourage land use practices Sect.III Subd.B: "Inventory sensitive groundwater that consider the groundwater,surface and surface water resources and establish guidelines water,and associated natural resources to prevent degradation of the resources that might in the decision-making process " financially impact individual citizens of the watershed in the future." VBWD Section 4.2.20:Flooding issues in VBWD proposed a traditional outlet project to the St Sunnybrook Lake Landlocked Basin Croix Government and recommended infiltrationsa solution. encies Comprehensive Local Water Plans and the goals and objectives of the proposed project: • • 3-B.DESIRED OUTCOMES Outcome#1: Watershed Districts will adopt policies based in science to protect groundwater recharge and discharge areas. Measurable Benefit: Resources dependent on groundwater input will be sustained in their natural condition with a steady supply of clean groundwater. Water quality and quantity will be maintained or improved. Outcome#2: Water Management Units will adopt policies based in science to manage surface water runoff using infiltration techniques in suitable areas. Measurable Benefit: Watershed Districts and Local Government will have hard data and facts to make sound decisions on the viability of infiltration in differing areas of their watersheds. Successful infiltration projects will reduce runoff volume, minimize erosion and maintain base flow. Efforts to infiltrate water in unsuitable areas will be avoided increasing cost effectiveness and efficiency. Outcome#3: Water Management Units will adopt policies that regulate land use in areas that are closely linked to groundwater resources in the region.Water management units will enhance infiltration policies with improved understanding of groundwater interaction. Washington County and Watershed Districts will work with local municipalities to promote the adoption of sound land use policies in these areas. Measurable Benefit: Development will be sited in areas least susceptible to negative impacts on areas of high infiltration potential. Cities and watershed districts will have the data to avoid costly projects to maintain a safe groundwater supply and deal with stormwater runoff will be reduced. With the backing of sound science,areas with high infiltration potential will maintain their natural function as important groundwater recharge areas to groundwater aquifers,as well as,supporting base flow to priority water resources. 3-C. ACTIONS: The following specific actions will be carried out to complete the proposed project: 3-C-I.Education and Information: The following actions will be implemented. 1.Hold local pre-project information forums with Watershed Districts and Local Government. 2.Provide post project individual workshops and training with Watershed District Managers and Local Elected Officials. 3.It is anticipated that techniques and policies developed from this project will have regional and statewide applications. Following the project,the participants will host a statewide workshop on"Integrating groundwater and surface water management". 3-C-II.Inventory: The following actions will be implemented.* 1.Inventory and rank surface water bodies and their groundwater function(i.e.recharge area,discharge area). 2.Inventory and rank groundwater recharge areas and infiltration potential. 3.Inventory and rank groundwater discharge areas. 4.Inventory and rank groundwater dependent resources such as trout streams,lakes and unique wetland systems. 5.Inventory Climatic data(specifically precipitation) *The participants in this project will develop innovative inventory and ranking systems that will have regional and statewide applications. 3-C-III.Monitoring: The following actions will be implemented. 1.Monitor surface and groundwater levels concurrently. Develop a project area wide monitoring network. 2.Monitor surface and groundwater chemistry to develop data for assessing groundwater recharge function. 3.Monitor precipitation. 4.Develop strategy and policy performance monitoring plans for adoption by Watershed Districts. 3-C-IV. Land and Water Treatment:The following actions will be implemented. 1.Develop policies, and data identifying infiltration management areas for treating stormw unoff. Assessment • monitoring will be con cted. 3-C-V.Planning and Environmental Control: The following actions will be implemented. 1.Develop groundwater recharge area management policies(including performance monitoring). 2.Develop maps and overlay districts for groundwater management providing documentation of"Lakes, Streams and Wetlands and associated groundwater resources". The maps will provide quality ranking and related groundwater management strategies for individual water features. 3.Develop policies that regulate land use in areas susceptible to high groundwater levels.Provide maps and documentation to assess high water level or flooding potential.Conduct performance monitoring. 4.Develop infiltration management policies. Provide maps and documents ranking"infiltration potential". Note:Watershed Districts will adopt newly developed strategies and policies into their Comprehensive Local Water Plans. 3.D.1 PROJECT EVALUATION: Three outcomes were outlined in section 3.B. The following methods will be used to evaluate the projects achievements. Evaluation of Outcome#1: a).The project manager will audit Watershed District Plans to evaluate if strategies and policies to integrate groundwater and surface water management have been adopted.b). Ongoing water quality,quantity and precipitation data will be assembled and evaluated and provided in a five year reporting cycle. These data will be used to assess the performance of newly adopted policies and strategies. Evaluation of Outcome#2: a).The project manager will audit Watershed District plans to evaluate if infiltration policies and strategy recommendations have been adopted. b).Ongoing water quality,quantity and precipitation data will be assembled and evaluated and provided in five year reporting cycles. Evaluation of Outcome#3: a). The project manager will audit Watershed District and Local Government planning documents to evaluate land use policies and planning in areas susceptible to high groundwater and flooding.Land use cover maps will be used to assess the performance of these policies. Flooding damage will be documented. The results of the audit and land cover assessment will be included in the five-year reports. 3.D.2 PROJECT DISSEMINATION: The initial product of this project will be a report:"Integrating Groundwater and Surface Water Management-South Washington County". The report will include data,maps,discussion and recommended policies for adoption by Watershed Districts. The report will be disseminated to Watershed Districts,agencies and municipalities in the project area. Efforts will be made to make the data,maps and reports intemet accessible. Educational workshops will be conducted with Watershed Districts and Local Government officials. Because there will be new innovative techniques and policies developed,an informational workshop and field trip will be held with participants invited from the entire region. The participants will make every effort to share the value of this project regionally and statewide. Once the project is completed,a five-year reporting cycle will be initiated. These reports will assemble performance monitoring data and audits interpreting results and gauging success. The reports will be disseminated to Watershed Districts, communities and resource management agencies. 4. BUDGET:Table 4.0 presents the project budget. Table 4.0 Project Budget CLWP Category Grant Contribution Cash Contribution Cash Source* Project Management 7,500 7,500 Wash.county Collaborative Fund Education/Information 2,500 2,500 Wash.county Collaborative Fund Monitoring 5,000 5,000 Wash.county Collaborative Fund Inventory 55,000 55,000 Wash.county Collaborative Fund Planning/Environmental Controls 2,500 2,500 Wash.county Collaborative Fund Land and Water Treatment 2,500 _ 2,500 Wash.county Collaborative Fund Project Budget Totals $75,000 $75,000 *Washington county Collaborative Fund will be cash and in-kind sources from Washington County,watershed districts,cities, townships,etc. At the time of this application the sources have not been defmitively determined. 5.0 PARTNERSHIPS: ngton County,three Watershed Districts,one Watershed Management ization,seven municipalities,and one tow ips are partnering in this project. The intent is to pool financial and polit resources together ,. to achieve a common goal-Integrate groundwater and surface water components to manage the entire hydrologic system and associated resources. 6.0A: Funding History: This project is new and has no funding history in Washington County. 6.0-B: Target Water Resources: Picking benefiting target resources is a challenge because all water resources will benefit from this project. A major void in water management will be filled when this project is complete. Lakes study area. Many of these streams in those areas may impact wetland Because infiltration practices will contain populations of naturally quality if groundwater factors are be maximized and groundwater reproducing brook trout not taken into consideration. input maintained,virtually all lakes These spring creeks and their in the study area will benefit due to delicate ecosystems are entirely Water Supply Resources protection of water quality and dependent on a healthy Groundwater provides 100%of the quantity. Lakes with the highest groundwater.Two larger trout drinking water in the study area. As component of groundwater input streams are Trout Brook and Valley demand for safe and long-term will benefit the most.The project Creek.Both streams will benefit water supplies increases a better will serve to identify lakes with a from this project. The St.Croix understanding of the surface water- high component of groundwater River will also benefit. groundwater relationship is critical. input as well as lakes that are The identification of recharge areas important groundwater recharge Wetlands and development of policies to areas.Priority lakes that will benefitWetlands function as critical protect those areas will serve to from the project are: Lake Elmo, groundwater recharge and discharge maintain water quality and quantity. Power's Lake,Bailey Lake,Colby areas. Groundwater recharge Lake,Marksgraf Lake,Lake Edith, wetlands will benefit through added Downstream Receptors Battle Creek Lake,Tanner's Lake protective measures. Many of these The project will minimize the Jane,Lake Demontreville,Olson spring seepage wetlands contain draining of landlocked basins and Lake and others. high quality natural communities. other flood susceptible regions and In northwest Washington County, therefore will minimize water Streams wetlands are subject to water level quality and quantity impacts to Multiple small spring fed creeks fluctuations from changing downstream receptors. flow into the St.Croix River in the groundwater levels. Development • • 0-1MIDDLE ST. CROIX RIVER WATERSHED 4 r MANAGEMENT ORGANIZATION A,,,, ,, 'rill,-,,,,' 1380 West Frontage Road, Hwy 36 Phone:651-275-1136,ext.21 , Stillwater, MN 55082 Fax: 651-1254 i4 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley x Communities that was established under State Statute 103B to cooperatively manage water - resources within the watershed. `. MSCWMO PROJECT REVIEW CRITERIA What should MSCWMO review? Could ask to review every building permit project in the watershed regardless of size or location. This is not feasible from a practical or financial standpoint. Criteria for review should be developed. Possible Criteria: P J ( ' 0' i 5tveA --- ---- • Projects in the watershed if they have grading or land alteration of greater than square feet or acres. t • Major subdivisions (4 or more lots) 90 0 5 • Projects that impact wetlands. • Projects that have alteration/building in floodplains. • Projects that have alteration/building below the 100 yr floodplain of the St. Croix River. • Projects that have/impact drainage between multiple member communities or between MSCWMO and. other Watershed Districts. • Should projects by member cities and townships be exempt from review? . • Should projects by other governmental-units, (county, state hwy projects)be exempt from review? • Others..... Current System for Plan Review MSCMWO: Municipalities refer applicants to MSCWMO for Review and/or approval. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • New System (tentative): Formal permitting process with rules, administered by MSCWMO, as part of each municipalities review process. MSCWMO permitting is triggered by submission of application and plans to township/city by developer and subsequent referral and application submission to MSCWMO. Interim System: Develop interim process until Second Generation Watershed Plan is completed in 2004. Option A: Request that cities and townships refer all projects to MSCWMO regardless of size, location, potential impacts, etc. The Administrator would then supply the developer with a review application. Upon submittal of the application a determination would be made in regard to the project's impacts and whether the project should be reviewed. This option would require clear guidance(criteria) from the Board for triggering the MSCWMO review process. 14- V, Vt.! -.V►"' 'p ,T 'c�eiK AYr•., , ,Av';:�sr- 5.,, ct m` t •s_ J Interim Review Standards: What standards should be used until the Plan and Rules are complete? • 1991 Approved MSCWMO Watershed Plan • Revised MPCA—"Protecting Water Quality In Urban Areas" Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township l • S Middle St. Croix Watershed Management Organization June 12, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:15P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland;; David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Ron Nelson, Stillwater, Jo Ella Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD. 2. Approval of Minutes Manager Beaudet made a motion to approve the May 8,2003 minutes, and the May 29 Community Meeting_Minutes, seconded by Manager Jansen. Vote: 6/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $69,749.89. b) Approve payment of bills The only bill to be paid was WCD for$516.57. Manager Beaudet made a motion to pay the bill as presented, seconded by Manager Jansen. Vote: 6/0 c) Annual Fees from Municipalities Bob Fossum will be sending out letters for the second half of the assessments. Draft Minutes for the MSCWMO,June 12,2003 lof 1 • • At 4. Old Business a) Perro Creek/Prison Pond Outlet Project- Update Bob Fossum attended the preconstruction meeting last week. SEH plans to start the project on June 30. This project will connect upper project to the St. Croix River. 5. New Business a) Oak Park Square—Update Nothing new to report. June 17 is the MSCWMO's deadline to review this project. Manager Gilles made a motion for Bob Fossum to send a letter to the developer asking for a 60 day extension. The MSCWMO is waiting for approval of the project from MnDOT. If the developer does not agree to a 60 day extension then the MSCWMO will not give approval to the development, seconded by Manager Hansen. Vote: 6/0 b) Watershed Management Plan–Update 1. Bob Fossum reviewed the Community Meeting and asked for comments by the MSCWMO Board Members. They all felt the meeting went well. 2. The next step is to start compiling the management plan. Phil Belfiori, BWSR suggested contacting agencies such as the DNR, BWSR, etc. Manager Beaudet suggested appointing a technical committee to look at other watershed plans for ideas. Bob Fossum stated the MSCWMO should also be working on a budget process for the plan. Bob Fossum will be doing the mapping work this fall and winter. c) Development Plan Review d) Review and Comment Letter regarding Oak Park Heights Wetland Ordinance Bob Fossum distributed and reviewed his comments for the Oak Park Heights Wetland Ordinance. Manager Beaudet made a motion to approve these comments and to forward them to the Oak Park Heights City Council, seconded by Manager Gilles. Vote: 6/0 6. Other Agenda Items Managers McPherson and Beaudet met with Nile Kriesel, County Board Commissioner to discuss taxing authority for the watershed. They pointed out that it is a fairness issue for communities located in more than one watershed. Draft Minutes for the MSCWMO,June 12,2003 2of 2 r • � • Bob Fossum asked for a letter of support from Grant the South Washington Ground he MSCWMO to include with the WCD application for a BWSR Challenge Water Study. Mana._er Beaudet made a mand send to all the communities rt for the WCD seconded b Mana er Gilles involved for their support and signatures. Vote: 6/0 7. Adjourn Mana er Hansen made a motion to ad'ourn seconded b Mana erBeau et. Vote: 6/0 Meeting adjourned at 8:45P.M. Respectfully Submitted, Dawn Hilde Sof 3 Draft Minutes for the MSCWMO,June 12,2003 • • Middle St. Croix Watershed Management Organization May 8,2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:04P.M. by Manager McPherson. Members Present John McPherson,West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Bob Craggs for Jim Gilles,Lakeland;Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Jo Ella Givens, Lakeland Shores Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum,WCD. 2. Approval of Minutes Manager McPherson made a motion to approve the April 17,2003 minutes, seconded by Manager Hansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $71,364.26. b) Approve payment of bills Outstanding bills to be paid: Dawn Hilde- $110.00;WCD - $1,150 and $816.00. Manager Nelson made a motion to pay the bills as presented, seconded by Manager Beaudet. Vote: 7/0 c) Annual Fees from Municipalities Afton and St. Mary's Point have not paid their MSCWMO assessments. Lakeland Shores paid their whole assessment of$823.20. 4. Old Business a) Perro Creek/Prison Pond Outlet Project-Update The City of Bayport accepted the bids for the Phase II of the Stormwater Project. The project should start next week. Minutes for the MSCWMO,May 8,2003 Page 1 of 2 • • b) McKean Square- Update Manager Beaudet will make sure the engineer for Oak Park Heights sees Bob Fossum's comments on this development. 5. New Business a) Oak Park Square-Update Mitch Johnson from EOR presented this project to the MSCWMO last month. He will be seeking approval from MnDOT for stormwater running under Highway 36 and eventually into Lily Lake. After he receives this approval he will come back to the MSCWMO for review. b) Oak Green Village—Update Nothing new to report. Bob Fossum asked for some direction from the MSCWMO as to what kinds of projects should be reviewed. The decision was to review subdivisions, any project with water in two or more communities, and projects affecting the St. Croix River. Single family dwellings would not be reviewed unless they were located on the St. Croix River. Bob will write up an application form and a recommended checklist for reviews. c) Watershed Management Plan—Update 1. May 29,2003 Workshop with member communities Bob Fossum will be sending out an invitation to community members to attend a meeting at the Baytown Town Hall. The MSCWMO will present their plans for a Second Generation Plan and ask citizens for their input. Bob Fossum passed out a proposed schedule for the meeting. Details of the meeting were discussed. 6. Other Agenda Items Bob Fossum will add to the agenda"For Information Only"items. 7. Adjourn Manager Hansen made a motion to adjourn, seconded by ManagerBeaudet. Vote: 7/0 Meeting adjourned at 8:45P.M. Respectfully Submitted, Dawn Hilde Minutes for the MSCWMO,May 8,2003 Page 2 of 2 r � $ L ^ \ C �` -i y�.+' �w/' 41 .fix w'ffitffi Jz... \ :. --\\ ,1.;„.„...-‘4...„„;.... , ','ilVk\;,„„ '.;\k 1 \4 ;1 , _I) i 1 lei,N1r 1. 411----------, Ir {si \\‘'"' \_21 . ----- ts I (,, 1 \,\''' " '" ''''' . ''' i ' ': '' . • ' 7--m7"'"s'' ,, .'''.,As '. 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Ci) , . co r \,............j I __- ,..._./ < 1 LLJ 74 . , < Or. _J4 , _ _ ( II 41 ) r-\ r• ('—.` '1'‘ 1. .)"( A ' '1 ' ; , , _ 5 M . ,...,i.z'i36 —11' CF,V.; • • Middle St. Croix Watershed Management Organization LETTER OF TRANSMITTAL DATE: July 2,2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: July 10,2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda-July 10, 2003 MSCWMO meeting Minutes-Draft minutes for June 12th,2003 Board meeting and approved minutes for the May 8th, 2003 Board meeting 5.A Site Plan for Oakgreen Townhomes, Oak Park Heights 5.B.a Development Review Criteria Checklist 5.B.b Development Plan Review Application MSCWMO Board Members: If any other items need to be included for the June 12, 2003 meeting please contact me at 651-275-1136, ext. 21. Sincerely, /10 -1/- vs-— Bob Fossum cc: Dawn Hilde, EOR, Inc. Konrad Koosmann,WCD Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township S • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36, Stillwater,MN 55082 Office: 651-275-1136, ext 21 Fax: 651-275-1254 PERMIT APPLICATION Project Information To Be Completed By The Applicant Date Name of Project: Purpose of Project: Location of Project(street address,if known): City or Township: Legal description: Section: 1/4 Section: Township: N. Range: W General Project Description: Name of Authorized Agent: Representing: Street Address: City: 111 A Zip: Day Telephone: (Signature of Authorized Agent) Name of Property Owner: Owner's Street Address: Owner's City: Owner's Zip: Owner's Telephone: Owner's Fax: OWNERS SIGNATURE(REQUIRED): Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Page 1 of 2 • S MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36, Stillwater, MN 55082 Office: 651-275-1136, ext 21 Fax: 651-275-1254 Attached are plans for supporting documents for: Land Development _Wetland Alteration Grading or Alteration,Area= Acres _St.Croix River Impact _Site Drainage Floodplain Development Erosion Control _Use and/or Appropriation of Public Water Shoreland or Streambank Impact _Other: Explain Fee Schedule Here..... Call (651) 275-1136, ext. 21 if as' ce ' o letthis orm i required. Please attach drawings, plans and other data as outlined in MSCWMO Rules, avail I e upo -q t , for this permit from MSCWMO does not preclude your applying for any necessary permits that may • equir, fro, •ther _•vernmental agencies. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Page 2 of 2 S • Middle St. Croix Watershed Management Organization LETTER OF TRANSMITTAL DATE: June 5, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: June 12, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—June 5, 2003 MSCWMO meeting 2 Minutes—Draft minutes for May 8th,2003 Board meeting and approved minutes for the April 17th, 2003 Board meeting 5.B.a Minutes from May 29th, 2003 Community Input Meeting 5.C.a Development Review Criteria Checklist 5.C.b Development Plan Review Application Informational Letter regarding possible wetland impacts on south end of McKusick Lake Item o.w. ional Report of the Washington County Water Consortium: "Comparative Review of Watershed t District Rules and Recommendations for Standardization" 60 i;cl s O$ ► 'h y2 Li f tQr� , i' raw% d uf/! L/ evPor do e a/4- Mie it O Can re.1 n Meed•j. MSCWMO Board Members: A draft comment letter regarding agenda item 5.d. will be presented at the meeting for board approval. If any other items need to included for the June 12, 2003 meeting please contact me at 651-275-1136, ext. 21. Sincerely, //_---' Bob Fossum cc: Dawn Hilde, EOR, Inc. Konrad Koosmann, WCD Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Regular Meeting Agenda • Middle St. Croix Watershed Management Organization June 12,2003 Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda . Call to Order 7 Approval of Minutes Approval of May 8, 2003 Minutes140 y510 ,t( 3. Treasurer's Report(Anders Hansen) 46 vi, „,kj I /X Report of Savings Account Assets a ,-,� /. Approve payment of bills A ``,. 1' c) Annual Fees from Municipalities v �� p � ,� J.' nn� 4. Old Business ��i a Perro Pond Outlet Project—Update �U 5. New Business ,, 911‘ Oak Park Square--Update ilWatershed Management Plan ,,.1,ektfrc41-9 a. May 29, 2003 Workshop with member communities b. Next Step OP, Development plan review Q a. Criteria 45 4 (' b. Application eft.' d) Review and Comment Letter regarding Oak Park Heights Wetland Ordinance 6. Other Agenda Item 1�r”` U�� Svc /t-14-41 `� GA S1 PVL Adjourn 4 -----"..,.— -------) /646A-11._______---- Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • =,40.‘,4./.;,:f MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION ! R4si' k i4 �d 4 7 1380 West Frontage Road, Hwy 36 �� Stillwater, MN 55082 0 Fj A Joint Powers Watershed Management Organization composed of ten St. Croix Valley r�Yt Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. 1 June 12, 2003 Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: City of Oak Park Heights Wetland Ordinance Dear Mr. Johnson: The Middle St. Croix Watershed Management Organization has been asked to review and comment on a draft wetland ordinance for the City of Oak Park Heights now under consideration. At the June 12, 2003 meeting of the MSCWMO board has directed me to provide the following comments pertaining to the draft wetland ordinance for the City of Oak Park Heights. Based on the ordinance provided MSCWMO offers the following comments. Sec. 5.A: Wetland buffer areas also provide valuable areas for infiltration by slowing runoff into the wetland. This prevents large fluctuations in water level, which can negatively impact the biotic communities of the wetland. Sec. 5.F: It appears that this section only applies to existing buffers? The buffer disturbance requirements of this section should apply to new buffers created during development, as well. c. 8.B. • The ordinance would allow existing agricultural practice that negatively impact wetlands. Prohibition of existing agricultural practices in the buffer area that negatively impact the wetland should be achieved in this section. Sec. 9.A.4: Regular maintenance of silt fence and other erosion control measures during construction especially after significant rainfall is critical around wetlands. This requirement should be added to this section or as an alternative the section of the Oak Park Heights Ordinances pertaining to erosion and sediment control could be referenced here. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township S Overall the MSCWMO is pleased with the level of protection that this ordinance would provide for wetlands in the City of Oak Park Heights. We appreciate the opportunity to review and comment on issues that directly impact the water resources of the Watershed. If you have any questions,please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum Administrator,MSCWMO cc: John Smyth, Bonestroo &Associates(via email) Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Middle St. Croix Watershed Management Organization May 8,2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:04P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Bob Craggs for Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Jo Ella Givens, Lakeland Shores Absent: Pat Tinucci,Afton; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD. 2. Approval of Minutes Manager McPherson made a motion to approve the April 17,2003 minutes, seconded by Manager Hansen. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $71,364.26. b) Approve payment of bills Outstanding bills to be paid: Dawn Hilde- $110.00; WCD - $1,150 and $816.00. Manager Nelson made a motion to pay the bills as presented, seconded by Manager Beaudet. Vote: 7/0 c) Annual Fees from Municipalities Afton and St. Mary's Point have not paid their MSCWMO assessments. Lakeland Shores paid their whole assessment of$823.20. 4. Old Business a) Perro Creek/Prison Pond Outlet Project-Update The City of Bayport accepted the bids for the Phase II of the Stormwater Project. The project should start next week. Draft Minutes for the MSCWMO,May 8,2003 Page 1 of 2 • b) McKean Square- Update Manager Beaudet will make sure the engineer for Oak Park Heights sees Bob Fossum's comments on this development. 5. New Business a) Oak Park Square—Update Mitch Johnson from EOR presented this project to the MSCWMO last month. He will be seeking approval from MnDOT for stormwater running under Highway 36 and eventually into Lily Lake. After he receives this approval he will come back to the MSCWMO for review. b) Oak Green Village–Update Nothing new to report. Bob Fossum asked for some direction from the MSCWMO as to what kinds of projects should be reviewed. The decision was to review subdivisions, any project with water in two or more communities, and projects affecting the St. Croix River. Single family dwellings would not be reviewed unless they were located on the St. Croix River. Bob will write up an application form and a recommended checklist for reviews. c) Watershed Management Plan–Update 1. May 29, 2003 Workshop with member communities Bob Fossum will be sending out an invitation to community members to attend a meeting at the Baytown Town Hall. The MSCWMO will present their plans for a Second Generation Plan and ask citizens for their input. Bob Fossum passed out a proposed schedule for the meeting. Details of the meeting were discussed. 6. Other Agenda Items Bob Fossum will add to the agenda"For Information Only"items. 7. Adjourn Manager Hansen made a motion to adjourn, seconded by ManagerBeaudet. Vote: 7/0 Meeting adjourned at 8:45P.M. Respectfully Submitted, Dawn Hilde Draft Minutes for the MSCWMO,May 8,2003 Page 2 of 2 • • Middle St. Croix Watershed Management Organization April 17, 2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Absent: Pat Tinucci, Afton; JoElla Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD, Jeffrey T. Davis, SEH, Eric Johnson,New City Administrator Oak Park Heights; Paul Hegre, SEH, Mitch Johnson, EOR. 2. Approval of Minutes Manager Beaudet made a motion to approve the amended March 13, 2003 minutes, seconded by Manager Jansen. Vote: 8/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $70,957.00. b) Approve payment of bills The one outstanding bill was from Eckberg, Lammers, Briggs, Wolff& Vierling for$75.00 for the Joint Powers Agreement. Manager Beaudet made a motion to approve the Treasurer's Report and pay this bill, seconded by Manager Nelson. Vote: 8/0 c) Annual Fees from Municipalities Lakeland Shores, Afton and St. Mary's Point have not paid their assessments. The second half of the assessments are due July 15, 2003. 4. Old Business a) Perro Creek/Prison Pond Outlet Project- Update Manager McPherson suggested Manager Beaudet explain to the MSCWMO the Oak Park Heights (OPH) decision on this project. OPH Minutes for the MSCWMO,April 17,2003 Page 1 of 1 • • decided late last year that they would not accept any raising of the water level of Prison Pond. They voted to recommend lowering the structure and pipes to prevent this. A letter was sent to the City of Bayport and the MSCWMO stating this decision. Jeff Davis, SEH presented the bid information for the project. Option 1 -$696,000 to $985,000 Option 2 - $722,000 to $1,011,000. Lowest bidder was Lametti & Sons. These bids include engineering and some contingency funds. The prison has asked to use any funds left over for holding ponds and storm sewer. Manager Beaudet will meet with the prison staff but no decision will be made until the project is finished and final costs are known. SEH will report to Bob Fossum on monthly progress of the project. Ed Cain stated there is $50,000 in the budget for maintenance over first two year period. After that, the project will be turned over to the prison. Jeff Davis stated SEH will be monitoring the project for two years. Manager Hanson made a motion to proceed with Option 2, seconded by Manager Gilles. Vote: 8/0 A question was raised as to ownership of the easement for this project. After some discussion it was decided that either OPH or the prison should hold title to the easement. b) Update from Ed Cain on the Legislature March 20th Manager Beaudet and Ed Cain met with the Legislative Committee to present and testify for the Phase III funds. This committee recommended Phase III funds be included in a bill for all bills vetoed last session. The Senate also has a Finance Committee bill including this project. If the bill is passed money could be available by August, 2003. c) McKean Square-Update Bob Fossum has written a letter to thedeveloper commenting on erosion and sediment. The developer is converting two ponds into sediment basins during construction to keep sediments out of the wetlands. Minutes for the MSCWMO,April 17,2003 Page 2 of 2 • 5. New Business a) Oak Park Square—Update Mitch Johnson reported the property has changed hands and the new developer is Homes For Me. The developer has received preliminary plat approval from OPH. Mitch will be applying for drainage permits from MnDOT and OPH. b) Oak Green Village—Update This project was presented to the MSCWMO by Todd Erickson several meetings ago. The project has changed and new drawings will be presented in the near future. Manager Jansen made a motion to reject this plan unless a request for extension is received from the developer, seconded by Manager Hansen. Vote: 8/0 The developer can come back with his new designs for approval. c) Watershed Management Plan—Update Bob Fossum suggested meeting with the municipalities involved with the MSCWMO to explain what is being included in the Watershed Plan. This would fulfill the public involvement requirement. Then, when the Plan is completed and rules established there would be no surprises. Manager Beaudet made a motion to have a community meeting with City Administrators and Planning Commissions invited to attend, May 29, 7:00 at the Baytown Community Center, seconded by Manager Kamps. Vote: 8/0. d) MSCWMO Office and Point of Contact Change Notification Bob Fossum will notify the DNR of the change in address. e) Meeting Notification Policy Bob Fossum suggested that because the MSCWMO is a public meeting it should be noticed to the public. He will talk to the Stillwater Gazette about including the MSCWMO in their public meeting notices. 6. Other Agenda Items Manager Jansen asked if the MSCWMO should have an attorney available to answer questions. Bob Fossum will ask the League of Minnesota Cities what they suggest. Bob Fossum gave the MSCWMO general information on the following: St. Croix United Methodist Church is planning an expansion and building an assisted care senior citizen building. Minutes for the MSCWMO,April 17,2003 Page 3 of 3 • i The mining permit for Miller Excavating has been renewed by Washington County. The DNR has given dredging permits to Sunnyside,Allen S. King Plant and James Furseth. 7. Establish the next MSCWMO meeting date, time & location Manager Hanson made a motion to have the next meeting on May 8 at the WCD at 7:00, seconded by Manager Beaudet. Vote: 8/0 8. Adjourn Manager Hansen made a motion to adjourn, seconded by ManagerBeaudet. Vote: 8/0 Meeting adjourned at 8:55P.M. Respectfully Submitted, Dawn Hilde Minutes for the MSCWMO,April 17,2003 Page 4 of 4 t • t4 yip6.1-7 41111 , , ,„ (%, (1 ' Middle St. Croix Watershed Management Organization Community In ut Meeting May , 2003 Baytown- ownship Hall DRAFT Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; JoElla Givens, Lakeland Shores, Robert Kamps, Bayport. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD. A list of attendees is attached. The MSCWMO Board introduced themselves. Bob Fossum welcomed the community members and gave an overview of the agenda for the meeting. • Description of Middle St. Croix WMO • Watershed Management Plan—What and Why • WMP Content • Feedback/Input From Audience David Beaudet reviewed the background of the MSCWMO, the Joint Powers Agreement and the need for rules to protect and manage the water in the MSCWMO. Mr. Beaudet explained the difference between WMO's and Watershed Districts. Washington Country tried to combine WMO's in the County into larger watershed districts. The MSCWMO sued to retain its right to exist and not become part of a larger watershed district. One of the biggest differences between them is the size of their budgets. The administration budget for the MSCWMO 2003 is $1,750.00. If it had become part of the Brown's Creek Watershed District the budget would be$440,000. This money would come from property taxes. Mr. Beaudet spent the day of May 29th talking to legislatures about receiving taxing authority for the MSCWMO. During these discussions he was told Washington County was lobbying against this taxing authority. Bob Fossum presented information on the following: Education: • Become a larger player in the watershed Minutes for the MSCWMO Community Input Meeting,May 29,2003 Page 1 of • • • Make citizens aware and informed of the watershed and its function and activities • Communicate and educate through the member communities newsletters/newspapers. Inventory/Data Collection: • Water Resource inventory will be completed as part of WMP • Continued monitoring of water quality and quantity of lakes and ponds of importance. The WMO has been monitoring Lily Lake for many years. The mapping of WMO with new two foot contours will provide the WMO with good basic information. Regulation: • Rules and Regulations will be part of WMP and will apply to development in the watershed and focus on stormwater management, erosion and sediment control, and wetland protection. • Watershed review process will be incorporated into existing city/township review process—more efficient and streamlined process than permitting. Financing: • Currently—MSCWMO funding through fees paid by member communities. • Prefer ad valorem taxation vs. current funding process—more fair for communities in MSCWMO and other watersheds. • Administration is funded by all communities, large expenditures (projects) are funded by those that directly benefit. • Regulation/Review—fee charged to developer. John Jansen stated it is always better to be under local control (Joint Powers Agreement) than be controlled by a large government authority. Perro Pond Pipe Project The old Stillwater Prison caused flooding because of the large area of impervious surface. The legislature provided the funds to repair the problem. Bob Fossum asked for questions from the audience. Eric Johnson, City Administrator, Oak Park Heights Are you adding another layer of government to permitting? Would developers have to receive permits from the local governments and WMO? No, the WMO would like to give input to each local authority if we have concerns about erosion and stormwater issues. How do you know the Perro Pond problem is solved? Perro is a volume problem and it is now being piped directly to the St. Croix River. Minutes for the MSCWMO Community Input Meeting,May 29,2003 Page 2 of • Bill Nelson- asked"will developers have to come to the WMO and the watershed for permits?" Bob Fossum explained one parcel is only in one WMO or watershed so developers will only need one permit. Kent Grandlienard—How can we educate Washington County Board? John Jansen responded that the Washington County Board has been studying this issue for some time and would like to see one large watershed in the County. John Jansen stated that some WMO's have taxing authorization. Bill Nelson asked if"County has control over money received from the state?" No. Terry Swan, Lakeland Township—"Can the WMO continue if it meets the criteria set by Washington County?" Yes. David Beaudet stated the McKnight Study evaluating all water management groups put the costs for MSCWMO just above average. Bob Fossum stated that BWSR is the ultimate judge as to whether or not the WMO is functioning or failing. John McPherson stated the WMO should talk to Ed Cain to get details on legislative action. Konrad Koosmann, WCD, stated that most failures of WMO's are because the Joint Powers Groups fail. JoElla Givens feels that local control is best. Terry Swan—The difference in costs between WMOs and Watersheds makes the decision easy. Judy Sventek, Met Council—The WMP should have a cost analysis in it. Bill Nelson—"How can we get the county board on our side?" Wally Abrahamson was a supporter of the WMO but has retired. The WMO will have to talk to the present Commissioners and find a supporter. John Jansen made a motion to adjourn, seconded by Anders Hansen. Vote: 8/0 Meeting adjourned at 8:05P.M. Respectfully Submitted, Dawn Hilde Minutes for the MSCWMO Community Input Meeting,May 29,2003 Page 3 of ti • List of Attendees: Penny Huonder Baytown Township 430-4992 Mary McComber Oak Park Heights 351-7879 Konrad Koosmann Washington Conservation District 275-1136 Judy Sventek Met Council 602-1156 Ray Swanson West Lakeland Township 436-2261 Jerry Peterson West Lakeland Township 436-6677 Nancy Jacobson St. Mary's Point 436-7157 Sharon Ridgway Bayport 439-5576 Ron Fredkove Baytown Township 439-6048 Sharon Lee Lakeland 436-7280 Eric Johnson Oak Park Heights 439-4439 Kent Granlienard Baytown Township 430-1142 Bill Nelson Baytown Township 439-7118 Minutes for the MSCWMO Community Input Meeting,May 29,2003 Page 4 of • • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION A ri :41t6ti 1380 West Frontage Road, Hwy 36 ? s Stillwater, MN 55082 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statue 103E to cooperatively manage water resources within the watershed. y, ; MSCWMO PROJECT REVIEW CRITERIA What should MSCWMO review? Could ask to review every building permit project in the watershed regardless of size or location. This is not feasible from a practical or financial standpoint. Criteria for review should be developed. Possible Criteria: • Projects in the watershed if they have grading or land alteration of greater than _ square feet or acres. • Major subdivisions (4 or more lots). • Projects that impact wetlands. • Projects that have alteration/building in floodplains. • Projects that have alteration/building below the 100 yr floodplain of the St. Croix River. • Projects that have/impact drainage between multiple member communities or between MSCWMO and other Watershed Districts. • Should projects by member cities and townships be exempt from review? • Should projects by other governmental units (county, state,hwy projects)be exempt from review? • Others..... Current System for Plan Review MSCMWO: Municipalities refer applicants to MSCWMO for Review and/or approval. New System(tentative): Formal permitting process with rules, administered by MSCWMO, as part of each municipalities review process. MSCWMO permitting is triggered by submission of application and plans to township/city by developer and subsequent referral and application submission to MSCWMO. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Interim System: Develop evelop mterlm process until Second Generation Watershed Plan is completed in 2004. Option A: Request that cities and townships refer all projects to MSCWMO regardless of size, location, potential impacts, etc. The Administrator would then supply the developer with a review application. Upon submittal of the application a determination would be made in regard to the project's impacts and whether the project should be reviewed. This option would require clear guidance(criteria) from the Board for triggering the MSCWMO review process. Option B: Supply the cities and townships the clear guidance(criteria) determined by the board and request that they direct developers to apply to MSCWMO when a development/project meets those criteria. Interim Review Standards: What standards should be used until the Plan and Rules are complete? • 1991 Approved MSCWMO Watershed Plan • Revised MPCA—"Protecting Water Quality In Urban Areas" Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township •MIDDLE ST. CROIX RIVER WATERED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36, Stillwater,MN 55082 Office: 651-275-1136, ext 21 Fax: 651-275-1254 PERMIT APPLICATION Project Information To Be Completed By The Applicant Date Name of Project: Purpose of Project: Location of Project(street address,if known): City or Township: Legal description: Section: 1/4 Section: Township: N. Range: W General Project Description: Name of Authorized Agent: Representing: Street Address: City: Zip: Day Telephone: (Signature of Authorized Agent) Name of Property Owner: Owner's Street Address: Owner's City: Owner's Zip: Owner's Telephone: Owner's Fax: OWNERS SIGNATURE(REQUIRED): Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Page 1 of 2 M*LE ST. CROIX RIVER WATERSHED' MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36, Stillwater,MN 55082 Office: 651-275-1136, ext 21 Fax: 651-275-1254 Attached are plans for supporting documents for: Land Development _Wetland Alteration Grading or Alteration,Area= Acres _St.Croix River Impact Site Drainage Floodplain Development _Erosion Control _Use and/or Appropriation of Public Water _Shoreland or Streambank Impact Other: Explain Fee Schedule Here..... Call (651) 275-1136, ext. 21 if as . ce • o• le . this orm i required. Please attach drawings, plans and other data as outlined in MSCWMO Rules, avail I e upo,' q t _`for this permit from MSCWMO does not preclude your applying for any necessary permits that may . equir; fro .ther -.vernmental agencies. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Page 2 of 2 • • \,Va Ii �� I3tiO Frontage n Rdso I1N5 gto 11 titill‘‘ater, Minnesota 55U\? (651)"5-1 136 (651)275-1254 1 ,ix Conservation District May 8, 2003 Klayton Eckles City of Stillwater 216 N 4th Street Stillwater, Minnesota 55082 RE: Wetland impact at Sherburne Street Dear Mr. Eckles: It was a pleasure to meet with you today, to review the recent filling near the undeveloped (north) end of Sherburne Street. Based upon the soil borings I took, and general review of the site, I don't believe this unauthorized work is a violation of the Minnesota Wetland Conservation Act (WCA). The recent fill stops uphill of the jurisdictional wetland edge. The soil borings revealed a 15+ inch layer of old fill material overlaying the native wetland soil. The borings were taken within the erosion plume from the recent fill. Although this alteration does not appear to be a violation of the state wetland law, there are several problems with this impact. 1. No erosion control has been installed. As noted above, there is a significant sediment plume downhill from the primary impact. It hasn't reached the wetland yet, but if we have significant rainfall, the sediment could enter the wetland. And that would be a violation of the WCA. 2. This depressional basin appears to be a ponding area. Significant filling can decrease the storage volume of the basin, potentially resulting in flooding of adjacent properties during large rain events. If a drainage easement has been placed on this basin, the impact should I be reviewed for intrusion into the easement area. 3. Revegetation of the disturbed area should be accomplished as soon as possible, both for erosion control, and habitat or aesthetic reasons. 4. At least three large trees within the fill zone have had their roots buried by the recent fill. Certain species, such as maples and oaks, are very sensitive to such impacts, and could easily die from this impact. We would encourage the removal of the material from within 20 feet from all the trees. In general, fill placed beneath the tree canopy should be limited to less than 3 inches deep. Overall, while this does not appear to be a violation of the state wetland law, there are several actions here that are environmentally unsound. If the City allows the fill material to be retained, we would suggest attention to erosion control and revegetation with native vegetation, including 0 • replacement of any trees that die from the site disturbance, as per your tree preservation ordinance. Thanks for including us in the review of this project. Feel free to call if you have questions about these comments. Sincerely A/een Thatcher Wetland Specialist cc: Molly Shodeen; MnDNR (via e-mail) Middle St Croix WMO i • May 15, 2003 The Honorable Phillip Krinkie, Chair House Capital Investment Committee 453 State Office Building 100 Dr. Martin Luther King, Jr. Blvd St. Paul, MN 55155-1206 Dear Chairman - We are writing to urge your support for the State Storm Sewer Project at Bayport, Minnesota in the 2003 State Bonding Bill. Short Elliott Hendrickson, Inc. has served as the engineers for the project since 1970. The Middle St. Croix Watershed Management Organization has requested $1.55 million to complete the final stage of the storm sewer system. Funding was passed by the Legislature during the 2002 Session, however, it suffered the line item veto pen of the Governor. During that period a number of emergency measures have been taken to protect both the citizens of the Bayport community, and the State prison complex. Levees have been constructed, highways raised, gates and pumping stations installed, yet none of this work by the City or Washington County has resolved the basic problem that the storm sewer must be replaced. The State appropriations in 1998 and 2000 provided funds to complete most of the sewer line from the St. Croix River to prison complex. Most of the funds requested in the 2003 Legislative Session is to complete the sewer line from the Stillwater Prison to the Prison Pond, and to provide an alternative outlet to guard against further flooding of the Bayport residential and commercial district. Our concern rests with the awareness that the unfinished project protects neither the citizens of Bayport nor the prison complex. The original prison sewer line was constructed nearly 100 years ago, and has suffered such deterioration that it is no longer functional. The springs that feed the prison pond produces more than 50,000 gallons of water a day. Without a serviceable outlet, the water will flow through a shallow creek into the residential aoodrea ofingthe. City, or into the prison complex requiring substantial pumping stations to avoid fl We consider the completion of this project to be of the utmost urgency, and urge your positive response to the request of the Middle St. Croix Watershed Organization for$1.55 million to complete the storm sewer project. If you have questions concerning this project, please feet free to call me at(651)490-2025. Thank you for your support for the completion of this project. Respectfully yours, Jeff T. Davis, --- 9 % 97k- fft,d- Litivi "16 / c to eAV- t211))C 4447 .,] Middle St. Croix Watershed 0,, / Management .; Mana g t Organlzatlon 2nd Generation Watershed Management Plan Community Input Meeting May 29, 2003, 7pm Baytown Township Hall Agenda • Description of Middle St. Croix WMO • Watershed Management Plan — What, and Why • WMP Content • Feedback/Input from audience 1 • 411 t Watershed Management Organizations • wMOs are mandatory,not voluntary • WMOs deal only with surface water,where watershed districts manage both surface water and groundwater(metro area counties handle groundwater planning) • WMOs do not have individual taxing authority,unless their joint powers agreement specifically grants this authority,and most rely upon funding of the municipalities that make up their membership • WMOs are governed by a board appointed by the member municipalities and townships MSCWMO • • Joint Powers Board made up of 10 communities: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St. Croix Beach Oak Park Heights,St.Mary's Point,Stillwater,West Lakeland Township • Established under State Statute 103B To cooperatively manage water resources within the watershed • Relatively unique geographically,hydrologically. Many small, parallel drainages 2 • • t `. Sistiit':ue r Middle . Paakiwat,ta St. Croix Baypot Watershed s T*knshilL_ tia Vest F �J�rd`° `�� Management Organization „r s .Lakd nd Shit e Lake St("rVLY--Beadl t L-dsy �`�{pit 3 JoII Watershed Management Plan • What? — 2nd Generation Plan that will replace and update original plan which was done in 1985 • Why? — Required by Board of Water and Soil Resources — Required quired by Washington County as part of Water Governance Study — Alternative: Watershed District = More $ 3 • • MSCWMO WMP Key components/important issues . Education -` Inventory/Data Collection • Regulation • Financing • Projects MSCWMO WMP • Present MSCWMO current thought/stance on the five issues • At the end, ask for your comments, suggestions, and feedback on each issue and others that you deem important 4 • t (1 Rau-- SCWMO WMP Education • Become a larger player in the watershed • Make citizens aware and informed of the watershed and its function and activities • Communicate and educate through the member communities newsletters/ newspapers MSCWMO WMP Inventory/Data Collection • Water Resource inventory will be completed as part of WMP • Continued monitoring of water quality and quantity of lakes and ponds of importance 5 • • MSCWMO WMP Regulation • Rules and Regulations will be part of WMP and will apply to development in the watershed and focus on stormwater management, erosion and sediment control, and wetland protection • Watershed review process will be incorporated into existing city/township review process — More efficient and streamlined process than permitting MSCWMO WMP--Financing • Currently—MSCWMO funding through fees paid by member communities • Prefer ad valorem taxation vs. current funding process — More fair for communities in MSCWMO and other watersheds • Administration is funded by all communities, large expenditures (projects) are funded by those that directly benefit • Regulation/Review—fee charged to developer 6 ! MSCWMO WMP—Projects • Don't foresee any large projects in future — Any projects would be funded by communities that directly benefit from it • Perro Pond Pipe Project — Paid for by communities that contribute drainage to the pond • Baytown, Bayport, Oak Park Heights, Stillwater 7 O • MSCWMO WMP Key components/important issues • What do you think? — Education — Inventory/Data Collection — Regulation — Financing — Projects 8 • ID Draft Letter Sent to the Legislative Leadership May 15, 2003 The Honorable Phillip Krinkie, Chair House Capital Investment Committee 453 State Office Building 100 Dr. Martin Luther King, Jr. Blvd St. Paul, MN 55155-1206 Dear Representative Krinkie: The State of Minnesota owns a clay pipe sewer system in the City of Bayport that was constructed in 1907, to serve the prison. At the same time, the State also constructed e Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including the cooling of the boilers. The excess water was then directed into the that flowed into the St. Croix River. 1907 clay sewer pipe The Department of Corrections made the decision to close the sewer line leaving a because the sewer pipe had disintegrated, and they no longer needed the water. nr. The oy other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City. In the Winter, the creek freezes over, and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The City of Bayport and Washington County have committed hundreds of thousands of dollars, building levees, installing pumps, and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved th basic problem that the storm sewer must be replaced. After many failed requests situation, the MiddStCroix thea Watershed Managee and the ment Organization artment of �ns toh correct this the Legislature in 1998. The State provided took their requestoto preconstruction engineering work. Ithe $650,000 in the State Bonding Bill for the million to construct Stage 1 of the projec2000 Bonding Bill, the State provided$2.68 This work has been completed. It provided for the construction of the new sewer line from the prison complex to the St. Croix River. Stage 2 will complete the sewer from the prison complex to the State-owned Prison Pond that produces the water. Until Stage 2 is completed, the flooding problem has not been relieved. The 2002 House and Senate Capital Investment Committees, and full H Senate, approved our request for$1.55 million to complete theproject. °use and the vetoed the project, along with a number of others. We were fortnae tthat Governor Ventura 2002-3 did not produce the weather that resulted in flooding. the winter of (1) • There is a gate that directs the release of the water from the Prison Pond. One directs it to the Prison, and the other to Perro Creek. The choice is to flood the City or flood therison. Over the years the Department of Corrections have constructed buildings above the plugged sewer line. Either choice has the potential creatingdamages $1.55 million requested in the 2003 Bonding Bill to complte project. �The�of e has already contributed$3.33 million to complete 2/3 of the project. These expenditures are useless unless the project is completed. We urge you to approve this emergency funding for this very critical project in a 2003 S Bonding Bill. Thank you for your support. Respectfully yours, • III iii. Legislative Associates, Inc. P.O.Box 2131 Stillwater,MN S5082 IIoa 3otb Street,Suite Soo 16511439-7681 June 4, 2003 Washington,D.C.20007 Fax I To 439-7319 Members, Middle St. Croix Watershed M t:Or ani 202)625-4356 John McPherson, Chair g g nation Fax((2021625-4363 Rick Schneider, Mayor, City of Bayport Dave Beaudet, Mayor, City of Oak Park Heights Jay Kimble, Mayor, City of Stillwater Wendt Lindquist, Acting Administrator, City of Bayport From: Ed Cain, LAI Subject: The Bonding Bill and the State Storm Sewer at Bayport Going into the final week of the Session, the State Storm Sewer Project was included in the Senate Bonding Bill. While the House did not have a Bonding Bill, the House Capital Investment Committee did put together a list of projects the Chairman thought should be funded. The House list included our project as well. The Senate Bill totaled over$400 million, and the House list projects was about $156 million. As the last issue to be resolved by the 2003 Legislature, the Bonding Bill was used to sway votes for the other controversial bills during the final days. Evidently, Phil Krinkie, Chairman of the House Capital Investment Committee pulled out of the final negotiations because he thought the bill was to large, and supported Steve Sviggum, House Speaker made all the decisions in thfinegotia ionves for a�t�� Bonding Bill of$216 million, less than half of the Senate bill. Sviggum arbitrarily with what X99 made cuts appeared to be little or no understanding or knowledge of many of the projects, even though we had met with him, and provided his office and staff with materials and testimony. Representative Eric Lipman talked with him, as did Representative Bob Gunther, Chair of the Jobs and Economic Development Finance Committee. Bob's Committee heard our testimony, and recommended funding to the Bonding Committee. Unfortunately, the Capital Investment Committee introduced no bill. No hearings were held in the House, and according to the Members, there was no opportunityfor their in "special session"the rules do not require hearings on ny bill, so S igv gum held one was a With no opportunities for testimony, and no hearings, I ask each of the Mayors to send letters and make contacts were made to both the House and the Senate leadership. They all did, and Mayor Beaudet spent several days at the Capitol lobbying for our project. The bonding bill that was presented on the House floor the last day of the Session left out our project, and a number of others as well. After much discussion with Eric about our concern, he made a final plea on the floor of the House to refer the Bonding Bill back to Committee. (1) • III While unsuccessful, the thirty minute discussion of the State Storm Sewer Project will leave an indelible impression for all those Members that return next year after elections. He brought out most of the facts about the project, and did an excellent job of presentingour case. Jim Knoblach introduced the bill on the floor of the House, rather than Phil Krinkie, the Chairman. Phil gave a short statement on the floor about why he didn't like the bill, then as the House to pass it. Knoblach stated he had supported the previous funding of the k project, said that it should have been included the bill, but it wasn't[and that was that. That's the bad news. The ] complete Stage 2 of the o' good news is that there is sufficient funds remaining to flooding. After all the discussion, amnd the hell raised by Lipman is�fl card omission of the project, � against we will be in an excellent floor regarding e the bonding bill next year. We will ask for additional fundstocovert e e in the major delay, and we should also look at any other issues that might be included in due t year'sthe fundxg. y If it's okay with the WMO, I'll be at the June meeting, and available to clarify anyof the actions that occurred, and respond to questions. Ed Cain (2) • MIDDLE ST. CROIX RIVER WATERSHED Neu 3 MANAGEMENT ORGANIZATION la.-.; Y 1380 West Frontage Road, Hwy 36 ,,, ' Stillwater, MN 55082 D '' w%a 6' A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water 3', resources within the watershed. 71 4 „„ June 12,2003 Eric Johnson, Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: City of Oak Park Heights Wetland Ordinance Dear Mr. Johnson: The Middle St. Croix Watershed Management Organization has been asked to review and comment on a draft wetland ordinance for the City of Oak Park Heights now under consideration. At the June 12, 2003 meeting of the MSCWMO board has directed me to provide the following comments pertaining to the draft wetland ordinance for the City of Oak Park Heights. Based on the ordinance provided MSCWMO offers the following comments. Sec. 5.A: Wetland buffer areas also provide valuable areas for infiltration by slowing runoff into the wetland. This prevents large fluctuations in water level, which can negatively impact the biotic communities of the wetland. Sec. 5.F: It appears that this section only applies to existing buffers? The buffer disturbance requirements of this section should apply to new buffers created during development, as well. Sec. 8.B.4: The ordinance would allow existing agricultural practice that negatively impact wetlands. Prohibition of existing agricultural practices in the buffer area that negatively impact the wetland should be achieved in this section. Sec. 9.A.4: Regular maintenance of silt fence and other erosion control measures during construction especially after significant rainfall is critical around wetlands. This requirement should be added to this section or as an alternative the section of the Oak Park Heights Ordinances pertaining to erosion and sediment control could be referenced here. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Overall the MSCWMO is pleased with the level of protection that this ordinance would provide for wetlands in the City of Oak Park Heights. We appreciate the opportunity to review and comment on issues that directly impact the water resources of the Watershed. If you have any questions,please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum Administrator, MSCWMO cc: John Smyth,Bonestroo &Associates(via email) Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township fi 11111 Middle St. Croix Watershed Management Organization MEMORANDUM DATE: May 7, 2003 TO: Julie Johnson, Clerk, City of Oak Park Heights FROM: Bob Fossum RE: Letter invitation to Middle St. Croix Watershed Management Organization Community Meeting Dear Ms. Johnson: Please distribute a copy of the attached letter to all members of your city council, city planning commission,and park board. Please call me with any questions or concerns at 275-1136, ext. 21. Sincerely, -� Bob Fossum MSCWMO Administrator Enc: Invitation letter to City Council, Planning Commission, and Park Board • Middle St. Croix Watershed Mana.ement Or•anization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 1111 • MIDDLE ST. CROIX RIVER WATERSHED ._u.� MANAGEMENT ORGANIZATION r k" 1380 West Frontage Road, Hwy 36 4 •-• �� Stillwater, MN 55082 o , A Joint Powers Watershed Management Organization composed of ten St. Croix Valley ro Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed. Middle St. Croix Watershed Management Organization's Second Generation n Plan May 4, 2003 Dear MSCWMO Community Member: The Middle St. Croix Watershed Management Organization (MSCWMO) has begun the process of developing a second-generation watershed management plan, which may ultimately require coordination with your comprehensive land use plan. The MSCWMO is contacting all ten communities within the watershed to solicit input, that will assist us in identifying and prioritizing issues of interest to the citizens of the watershed. The Middle St. Croix Watershed Management Organization is planning a Community Meeting on May 29, 2003 to increase the public's awareness of the watershed and this planning process. This meeting will also be used to solicit public input on relevant issues in the watershed. We respectfully request the attendance at this meeting of township/city councils, planning commissions, and park boards to provide their input. Other interested citizens are also. encouraged to attend. The May 29th meeting will be held at 7:00 p.m. at Baytown Community Center, County Road 14,Baytown. The MSCWMO encourages input in the process of developing the plan by directly communicating our community's viewpoints and interests to MSCWMO board members. This input can be directly communicated to the MSCMWO representative from your community to ensure that the viewpoints and interests of your community are properly considered. If there are local water management issues that you believe need further evaluation during the development of this Second Generation Watershed Management Plan please contact Bob Fossum at 651-275-1136 ext. 21. The MSCWMO appreciates your community's input in this planning process and looks forward to working with your community in the development of a comprehensive management plan for all of the resources in the watershed. Sincerely, , 1 , "s,ji ; 2117 C, O—'', 3lin McPherson, Chair , Middle St. Croix Watershed Management Organization Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 1111 Fl Middle St. Croix Watershed Management Organization (MSCWMO) What are Watershed Management Organizations (WMOs)? • WMOs are mandatory,not voluntary • WMOs deal only with surface water,where watershed districts manage both surface water and groundwater(metro area counties handle groundwater planning) • WMOs do not have individual taxing authority,unless their joint powers agreement specifically grants this authority,and most rely upon funding of the municipalities that make up their membership • W1vIOs are governed by a board appointed by the member municipalities and townships Who is MSCWMO? A Joint Powers Watershed Management Organizatiocosdoften St. Valley Communities was established under State Statue 103B to cooperativelymeg water resources withinthe watershed. The ten member communities are:Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township. Each member community appoints a member to the MSCWMO board. Monthly meetings are the 2°d Thursday of each month at 7pm at the Washington Conservation District offices,located in the River Heights Plaza, Stillwater. What does MSCWMO organization do? • Cooperatively manage water resources in the watershed • Inventory and assess the resources of the watershed • • Monitor the water quality of lakes and streams in the watershed • Provide education on water related issues in the watershed • Review development plans for stormwater management,erosion and sediment control,and wetland and shoreland protection • Plan and implement capital improvement projects that enhance the water resources of the watershed Why develop a Watershed Management Plan? As a requirement of the Washington County Water Governance Study completed in MSCWMO is required to complete a 2 Generation Watershed Management Plan to be deemed an implementing, functional organization. The Board of Water and Soil Resources(BWSR)also require a Watershed Management Plan. The plan will prioritize water related issues within the watershed and develop a plan to manage those resources. Regulation,protection,education will be components of the plan. What are the key components of a Watershed Management Plan? 1.)Inventory and Assessment 2.)Goals and objectives projects,and regulation 3.)Implementation:Financing,p roj 4.)Evaluation • May-16-03 01410A Legislative Associates 612 43973 P. 02 Letters Need to Go to the Following: e Honorable Phillip Krinkie, Chair Fax Number: (651) 296-3869 use Capital Investment Committee State Office Building 1 Dr. Martin Luther King, Jr. Blvd Paul, MN 55155-1206 The Honorable Keith Langseth, Chair Fax Number: (651) 225-7562 Senate Capital Investment Committee 122 State Capitol 75 Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155-1606 lHonorable Michele Bachmann, Senator Fax Number: (651) 296-5241 41 State Office Building 00 Dr. Martin Luther King, Jr. Blvd t. Paul, MN 55155-1206 he Honorable Eric Lipman, Representative Fax Number: (651)296-2080 67 State Office Building 00 Dr. Martin Luther King, Jr. Blvd t. Paul, MN 55155-1206 he Honorable Brian LeClair, Senator Fax Number: (651) 296-9441 49 State Office Building 00 Dr. Martin Luther King, Jr. Blvd t. Paul, MN 55155-1206 he Honorable Steve Sviggum, Speaker Fax Number: (651) 296-3949 innesota House of Representatives 63 State Office Building 00 Dr. Martin Luther King, Jr. Blvd t. Paul, MN 55155-1206 he Honorable Rebecca Otto, Representative Fax Number: (651) 296-5517 93 State Office Building 00 Dr. Martin Luther King, Jr. Blvd t. Paul, MN 55155-1206 The Honorable Tim Pawlenty, Governor Fax Number: (651)296-0674 State of Minnesota Room 130, State Capitol St. Paul, MN 55155 • • May 15, 2003 The Honorable Michele Bachmann, Senator 141 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul,MN 55155-1206 Dear Senator Bachmann: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time, the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided $650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. r • May 15, 2003 The Honorable Keith Langseth, Chair Senate Capital Investment Committee 122 State Capitol 75 Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155-1606 Dear Senator Langseth: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time,the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief,but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided $650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. May 15, 2003 The Honorable Philip Krinkie, Chair House Capital Investment Committee 453 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul,Minnesota 55155-1206 Dear Representative Krinkie: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time, the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided$650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. • • Middle St. Croix Watershed Management Organization LETTER OF TRANSMITTAL DATE: May 1, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: May 8, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—May 8, 2003 MSCWMO meeting 2 Minutes—Draft minutes for April 17th,2003 Board meeting and approved minutes for the March 13th, 2003 Board meeting Informational 2003 MSCWMO regular meeting schedule Item Informational Letter to MSCWMO member communities, RE: New Office and Point of Contact Item MSCWMO Board Members: If any other items need to be added to the agenda or you have any questions please call me at 651-275-1136 ext 21. Sincerely, Bob Fossum cc: Dawn Hilde, EOR, Inc. Konrad Koosmann,WCD Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • IR MIDD ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION �¢ P.O. Box 1355.. Stillwater, MN 55082 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed. March 12,2003 Ms. Judy Hoist,Acting Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights,MN 55082-2007 RE: Proposed McKean Square—Boutwells Landing Phase II—City of Oak Park Heights Dear Ms. Hoist: Our office has received and reviewed the drainage report and construction plans dated January 24, 2003 for the proposed McKean Square — Boutwells Landing Phase II project site, located in Section 5, Town 29 North, Range 20 West, City of Oak Park Heights. Previously, the Middle St. Croix Watershed Management Organization reviewed commented on the northwest portion of the development. This review will be for the remainder of the site. Based on review of the plans submitted to the Middle St. Croix Watershed Management Organization we offer the follows comments. Stormwater Management Runoff rates increased for nearly all subwatersheds. Subwatersheds P6, P7, and P 11 ultimately leave the site and have overall rate control at the larger Boutwells Landing ponding network. The City Engineer should verify that with the additional of this proposed development overall rate control is maintained. The remainder of the site, subwatersheds P 1-P5, will have the increased runoff treated and maintained on site in Pond 1 and Pond 8. Only during events larger than the 100-year event would water leave Pond 1 and discharge to the east. We would request a meeting between Oak Park Heights and Baytown Township officials to address the potential discharge of water to the east. Additionally, water quality ponding for stormwater treatment must also be achieved within the overall ponding network. The drainage report indicates this will be achieved in all ponds except Pond 3. The amount of dead storage(storage available above the NWL)required is slightly less than the dead storage provided (15,376 cu. ft. required, 14,765 cu. ft. provided). We would ask that minor alterations be made to the design of Pond 3 to meet the dead storage requirements. Further, we would ask that the storm sewer inlet on the east side of the south lobe of Pond 3 be moved to the north lobe of the pond. Maximizing the distance between the inlet and outlet in treatment ponds increases the effectiveness of treating stormwater. Additionally, MSCWMO recommends that all structures lowest flow elevations be no less than 2 feet above the 100-year high water elevation of the nearest pond. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • The State of Minnesota Storm Sewer Replacement Project at the State Correctional Facility at Stillwater Testimony before the House Jobs and Economic Development Finance Committee of the Minnesota State Legislature The Honorable Bob Gunther, Chair and Testimony before the Senate Capital Investment Committee of the Minnesota State Legislature The Hojorable Keith Langseth, Chair Submitted by: The Middle St Croix Watershed Management Organization John McPherson, Chairman City of Bayport,Fiscal Agent Bayport,Minnesota For further information contact: Ed Cain(651)439-7681 • State of Minnesota Storm Sewer Replacement Project State Correctional Facility- Stillwater in Bayport, Minnesota Stage 2 Project Background: Both the House and the Senate Capital Investment Committees included $1.55 million in their respective Bonding Bills in the 2002 Legislative Session to complete the State Storm Sewer Project at Bayport. The Bonding Bill passed by the full Legislature included an allocation of$1.55 million for the Storm Sewer Project. After dose scrutiny by both the House and Senate Committees, and the passage by the Legislature, the Governor chose to line item veto the project at the end of the 2002 Session. There is no question that the State Storm Sewer has served the State Prison Facility, and only the State Prison for nearly 100 years. Located in Bayport, the sewer provides drainage for none of the surrounding residential area. Recognizing this, the Legislature appropriated $650,000 for preconstruction engineering costs in 1998, and e 2000 ha.68 supported orted the on for ge 1 construction work in constructio of the sewertsystem froLegislative the prison facility to the St. haveP Croix River. The Stage 2 funds approved last year, is requested again this year. These funds will connect the sewer system from the DNR Prison Pond, to the completed sewer lines. Half a sewer system is no benefit to the prison facility nor the residential and commercial neighborhoods. The City is susceptible to flooding each year as a result of the disintegration of the inoperable 100 year-old sewer system. The State of Minnesota Storm Sewer and the DNR Pond 82-301P were constructed in 1907, for the purpose of providing the Stillwater Prison with a reliable water source for drinking water, heating the facility, and the personal use of the prisoners and staff. A dam was constructed to form the DNR Pond which captured the water from the natural springs at this site. The flowage from the natural springs produces 550,000 gallons per day, and up to 13 cubic feet per second. The Prison used the water for prison operations including drinking water. Until 25-30 years ago, the State used the water to cool the prison boilers. The excess water was released into the storm sewer and was piped into the St.Croix River The consulting engineers designed an intricate piping system which led from the pond to the prison site. A storm sewer system was then constructed to carry the excess water through vitrified day pipes from the prison site to the St.Croix River. The only other outlet from the DNR 301P Pond is by way of Perro Creek, a shallow stream that winds its way through the residential section of the City and into the commercial district before finding its way to the St. Croix River. Perro Creek is a decorative stream, quite shallow, which freezes solid during the Winter months. It is incapable of handling the flowage from the State's DNR Pond when frozen. (1) • • State Abdicates Their Responsibility for Their Property: In 1987, Minnesota State Prison officials contacted the City of Bayport Council, advising them they would no longer maintain or repair the old sewer system. Since then, the system has failed and is no longer adequate to meet the needs of the service area. The last 350 feet of the sewer line has collapsed, and the City officials have had to build a temporary ditch with rip rap to avoid erosion, through the private property of Andersen Window Corporation to the St. Croix. Inspections were made of the remaining lengths of sewer line by the Short- Elliott-Hendrickson engineering firm using video cameras extended through the pipes in the remaining areas of the system. The results were not encouraging. They showed that the disintegration of the pipe was continuing throughout the system, and it was only a matter of time until the remaining day pipes would fail as well. An Incomplete Sewer System Will Create Losses Extensive Losses for Stake holders: There are many stake holders that will be negatively affected when the State's storm sewer fails, most of all, the State of Minnesota. Since the piping network was constructed 96 years ago, the State has constructed a number of major buildings on top of the water/sewer system throughout the prison grounds. If these pipes should rupture during the Winter months as other pipes in the system have failed, the choice would be flood the prison or flood the City. Neither are acceptable options. Other stake holders include Andersen Windows whose operations would be limited because the sewer system abuts and crosses their manufacturing and storage areas. The Union Pacific Railroad delivers thousands of tons of coal every other day to the Excel King Plant. County Road 21 and State Highway 95 would be dosed under certain conditions. And the City of Bayport runs the risk of significant residential and commercial property loss. History of Events: 1972: The City of Bayport has experienced significant flooding along Perro Creek downstream of the Prison Pond. An injunction was ordered against the City which restricts diversion of runoff into Perro Creek. 1987: The Minnesota State Prison officials contacted the City of Bayport Council, advising them they would no longer maintain or repair the old outlet system. Since then, the system has failed and is no longer adequate to meet the needs of the service area. 1993: Following a study by Short Elliott Hendrickson (SEH), recommendations were made for an improved outlet which was constructed in 1995. The old outlet into Perro Creek was shut down in November, 1994. The problem was ameliorated somewhat by the improved outlet, but even with the improvements, the system was unable to keep up with the inflow into the Prison Pond, and the water level continued to rise. (2) • • 1995: The City of Bayport and Washington County constructed a 500 foot, four-foot high earthen levee to prevent the overflow of the Prison Pond. The water continues to rise. When the information was shared with MNDOT, they immediately programmed funds to replace the old clay sewer pipes that cross Highway 95 when the project construction begins. 1996: City of Bayport sets up temporary pumps within the Minnesota State Prison to handle the runoff from the Prison compound. It is discharged into the prison's downstream storm sewer. This is an expensive process, and is no permanent solution. The Department of Corrections has not indicated a willingness to contribute financially to a permanent solution of the problem. 1997: SEH completes study to determine the most cost effective permanent solution to the problem. Three additional outlet options were reviewed. The firm recommends a new underground sewer system to avoid freezing and flooding,with adequate capacity to maintain a constant level in the Prison Pond. The discharge will flow into a settling pond before entering the St. Croix River, assuring improved environmental conditions. 1998: The Minnesota State Legislature appropriated $650,000 in bonding funds, and directed the Middle St. Croix Watershed Organization to initiate a study of the State storm sewer system, determine costs, and other preconstruction work, and report to the House and Senate Committees by January 15, 1999. This work was completed and multiple copies submitted on the due date. The City of Bayport acted as the fiscal agent for the project. 2000: The Minnesota Legislature appropriated $2.68 million for the construction of Stage 1 of the State Prison Strom Sewer Project. Construction of Stage 1 was completed in the Fall of 2001. 2001: $1.55 million was requested from the Legislature in the 2001 Session to complete Stage 2 of the project. The Capital Investment Committees of the House and the Senate determined that the funding should be delayed until the regular bonding session of 2002,fully recognizing that the project costs would undoubtedly increase. 2002: Both the House and the Senate approved $1.55 million in their respective Bonding Bills in the 2002 Legislative Session. It was one of a number of "line item vetoes" by the Governor resulting in yet another delay in the project completion. Stage 2 Funding Request for 2002: The Middle St. Croix Watershed Organization is requesting $1.55 million to complete Stage 2 of the project. An appropriation in the 1998 Bonding Bill provided $650,000 for the purpose of completing studies, the development of designs, plans and specifications, and other preconstruction costs. The Legislature approved $2.68 million in the 2000 Session for the construction of Stage 1 of the project, for a total of $3.33 million. These funds provided for the replacement of the storm sewer from the St. Croix River, across the Andersen Windows property, under the railroad tracks and Highway 95, to the North side of the Prison complex. (3) 4111 • The construction firm had to remove all of their equipment, and the project will have to be rebid at an escalating construction cost. The project was planned in conjunction with Washington County's construction of County Road 21, however, due to reduced State support from the MNDOT, this road work has now been delayed indefinitely. Very competitive bids for Stage 1 have resulted in some cost savings that are anticipated to absorb the additional costs resulting from the two-year delay in the completion of the project. Stage 2 Construction: Stage 2 of the project will complete the storm sewer from the Prison complex to the DNR Pond 82-301P, the source of the springs producing water. These springs produce 55,000 gallons of water daily. Currently testing is on-going, and is required to continue for five years after the completion of the project to meet the the water quality requirements in response to MNPCA regulations. Additional work is required at the Prison Pond to assure the intake receptade and the pumping station are sufficient to handle the volume of production from the springs. Originally, the project was to transfer the water into the NSP (Exel Energy) Pond from the Prison Pond, thus avoiding the need for the laying of additional pipe. Testing determined heavy metals, and other contaminants in the NSP Pond which prohibited the use of the pond as a storage location. The State agencies involved, Washington County, and the City of Oak Park Heights came to the conclusion that the project should avoid the NSP Pond, and that area should be maintained as a wetland. Some additional work will be needed on the lower section of the sewer line to provide an alternate outlet off of Perro Creek in response to the 1972 injunction filed against the City by homeowners stemming from the flood that occurred that year. Both homes and businesses received extensive damages. This action will protect numerous structures along a one mile stretch of the creek which frequently experience flooding in the Spring of the year. A concrete structure will capture the majority of the flow, and drop it into the storm sewer, conveying it into the St. Croix River. The State Prison Storm Sewer Study by SEH stated in the report that reconstruction costs for the project would be $4.88 million. While the project costs are significant, leaving the storm sewer construction half completed is a waste of the $3.33 million already spent on the project, and will assure major damage to government and private property that cost much more than cost of completing the project. Careful planning, cost savings procedures, and low bids from construction companies will allow the project to be completed at no increase in cost from the $1.55 million approved by the House and the Senate in the 2002 Bonding Bill. Summary: • The water emanates from natural springs located on property owned by the State of Minnesota. • The State of Minnesota constructed a dam to collect and hold the water in a reservoir which has become known as the"Minnesota Department of Natural Resources Pond 82-31 OP/Prison Pond (DNR/Prison Pond)for use in the Stillwater Prison. (4) • The State of Minnesota's natural springs produce more than a 1/2 million gallons of water each day. • The State of Minnesota constructed a storm sewer in 1907, to transport the excess flowage from the DNR/Prison Pond and the Stillwater Prison to the St. Croix River. • The State of Minnesota quit using water from the DNR/Prison Pond in 1987. • The State of Minnesota has neglected repair and maintenance on the storm sewer until the last 350 feet of the clay storm sewer pipe has deteriorated, collapsed, and is no longer functioning. (The City of Bayport was forced to construct a ditch with rip rap across private property to bypass the section of collapsed pipe.) One section of the storm sewer was replaced by cement pipe by the State. • The State of Minnesota has neglected their responsibility by inadequately servicing, maintaining, and repairing their system, and by resorting to"band-aid"solutions to resolve serious problems inherent in the State's Stillwater Prison storm sewer system and the pumping station in Stillwater Prison. • The State of Minnesota has compounded the problem by constructing buildings over 18"clay pipe laid nearly a 100 years ago. With no way to access the problem, these clay pipes will certainly disintegrate as have other pipes in the sewer system. • When the State Prison pump failed in the 1972, the excess water flowed into shallow Perro Creek which follows a path through the City of Bayport. With the creek frozen in the Winter months, the State's water flowage caused significant flooding of residential and commercial property in the City of Bayport. • The City of Bayport and Washington County have spent several hundred thousand dollars to protect personal, commercial, and local government property. They have constructed earthen dams and levees, raised county roads, provided pumps to Stillwater Prison, constructed by-pass and emergency ditches, and other measures to protect the commercial operations of the Andersen Window Corporation, the Union Pacific Railroad, downtown businesses and local residents. • It is important to note that the flooding problem is a threat during the months of December, January, and February when the only other outlet to the State's Prison Pond, Perro Creek, is frozen over. Run off from rain or Springs thaws are not a factor because they occur during the Spring, Summer, and Fall when Perro Creek can handle these events. • Further, if the State had not constructed the dam that forms the Prison Pond in 1907,to collect the water for use by the prison, there would be no problem. Consequently, there is no shared responsibility by the local jurisdictions when any run off in the moderate months would flow normally. • Conclusion: It is the opinion of the MSCWMO that the State is solely responsible for the correction of a State system that is no longer functional. It was created by the State, and constructed 96 years ago. The current condition endangers the safety and property of the citizens of Bayport. Flooding of the area can potentially disrupt the operations of Excel Energy, Andersen Windows, Burlington Santa Fe Railroad, and other businesses, and threatens the rail and auto transportation systems. (5) 1110 The most critical issue is the potential flooding of the Stillwater Prison complex. The same day pipes that have disintegrated below the Prison, pass through the Prison property. The Department of Corrections have constructed buildings on the land above the sewer system. Any rupturing of the dayi s in theprison complex, occurred below the Prison, would not be reparable without the estruction of several buildings. In addition, he current failed system does not provide for the environmental considerations that an improved system will provide. We urge the Committee to repeat their actions taken in the 2002 Session, and again provide$1.55 million in funding to complete Stage 2 of this project in the 2003 Legislative Session. (6) .R I • State of MN Storm Sewer- 24" Diameter Extension Rough Engineers Estimate January 29, 2C01 Pipe Extension 400 Ft. into Prison Pond Revised Oct. 18, 2001 Mobilization LS 1.0 33000.0 33000 24" RCP Storm Sewer LF 400.0 70 28000 Type D Manhole LF 200.0 150 30000 Dewatering LS 1.0 25000 25000 Cofferdam LS 1.0 30000 30000 Shoring SF 650.0 25 16250 Restoration LS 1.0 10000 10000 Muck Excavation CY 1000.0 10 10000 Riprap CY 100.0 45 4500 Common Laborer Hour 40.0 40 1600- 3 C.Y. Shovel Hour 32.0 125 4000 Dozer Hour 32.0 100 3200 12 C.Y. Truck Hour 32.0 75 2400 3 C.Y. Front End Loader Hour 32.0 100 3200 . Tamping Roller Hour 32.0 75 2400 Maintenance & Restoration of Haul Roads - Phase 2 LS 1.0 5000 5000 Maintenance of Traffic - Phase 2 LS 1.0 3000 3000 Water for Dust Control - Phase 2 M Gal. 2.0 200 400 Silt Fence LF 600.0 3.25 1950 Floating Silt Curtain LF 500.0 13 6500 Replacement Backfill . CY 1500.0 6 9000 Coarse Filter Agg. Pipe Foundation - Phase 2 Ton 300.0 14 4200 Mechanical Analysis - Gradation Each _ 4.0 80 320 Standard Proctor Each 4.0 80 320 Density- Nuclear Each 10.0 80 800 Density- Sand Cone Each 4.0 120 480 Concrete Compression Test Each 3.0 100 300 Steel Tubes ( Pile) LF 4800.0 21 100800_ Test Pile Each 4.0 3500 14000 Concrete Pile Bent LF 40.0 1600 64000 Access Road - Prison Pond LS 1.0 40000 40000 Subtotal Construction 455000 25% Contingency 114000_ Construction Total 569000 Engineering 35000 Borings 25000 • i State of Minnesota Storm Sewer Cost Summary ' Phase 2 Construction Cost $663,000 Construction Cost Excalation 6% to FY 2002 $40,000 Easements Prison Pond/NSP Pond $75,000 • Develop Operation Guidelines $50,000 Redesign of Phase 2 $75,000 Misc. Desig, Services After Construction $60,000 Construction Contingency 20% Included in construction cos Field Services/Design During Construction $220,000 City Admin./Legal $40,000 Raise OPH Trail System w/design $225,000 Water QuaHy Testing $10,000 • Bank Stabilization $25,000 Total Phase 2 Costs $1,483,000 Add $50,000 for long term operation 50000 Project and Operation Cost $1,533,000 VI In o X 4- a m a z $ a m Q m m m z < z W R N t m F I. F- In In Q __I W O Q _� a m3 $z°U< 1 )Z $ < 1 1 < a Q FQ- Fa- m N a m J < Q s 1' Z1Z714 ><-16 N W�In< H1�1' 1.HJ J F- 1- W O 0 Z W W W a' Z ww m a' rc0� N �UVU J J Q Q J J < m 0 W a' a' F < < O w > w< W �, 8 �z < m z z w w ¢ < J ¢ a " a s - < s a < < '' lkaN�� �� �, o �`' k- a a s m z Li a < J m z CC a g g a p m'� > tO octm D"u5 F �8 " z z ' ' < - ra- m m ag - c -I a s W 0 m 72 c��f-� oti � < oF� Z N K a' y N w w (y,� wU O 7 Q O Q O O W < Q J J Z oo w �pWz ri WUZj O W W Z 0 O J J F w J a a lJ a to U ZVl zu, M O O Z o ZZ 0, „,•. 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Ya' OU" aj ` w Wwil7 Q aL.t5 °%5yx 5 ,�z QN y ZZ ypp yyp �,. 2 Z Z fly,<� JF Va1tN'JU KUB U �U QW . \ X , ,n o 1 N c� 'J�� 1 O w \�'F z N OOQ M � OM 0cc ` ado 3 x '' i 8nnl� )�15v Haig 0 02 "� �"� > 1 QQ < Wo m I. U I_ La z WI-.1 W CC N LO-It g <; d'' s0 r r w Q '' LJ� o— r I- 2 /*/ 01 >- a-)- 5'(-) In U'U W / i Q Q Q 1 0 � � m j w ri: 2 Q �`� Iu iv 41 I. ��% S 0 A z w 0 ':-' '- .i ‘, 1'7:4'''' / _ Tia 'S} a € ^ Na � Zz W m lI°' 3 3. orc a ' � d 17, i 0 rt j t V cl rpa a s b 1- ' Z . I < a W '' ... < a C W m 4 gii W S W 8•• c9 C9 I. G\ PG7w 41 m > ., 03 aa Uf QN si • J�• ..._ _... ._.. N Z U)O ce 4 ,` \ •/'fid §\+ U ''N QU ti.,' is 3.K W \ts\� 3 l l ® 4 62 W a g ao 0 1$-_ �`,,_ o '1S H19 031VOYA •y tU,) .00 �,,� • a UUY ,/ Ft 5 o e t ,. R�``",,�` m 9� r �� � � 0 vwi N a a Z a �Li c z` O. /:',.- y,s0 T . ,�. ',✓4. a o a a O i!'i°d g a vwi $g bi 4� .3 - ✓ . moi. StP� 1, ,,; MIDDLE ST. CROIX RIVER WATERSHED1 MANAGEMENT ORGANIZATION trod 1380 W. Frontage Road,Highway 36 Stillwater, MN 55082 D1:4;10; 1. 1 A Joint Powers Watershed Management Organization composed of ten St. Croix Valley Communities that was established under State Statue 103B to cooperatively manage waterNIP' k resources within the watershed. IQ .ri May 12, 2003 Mr. Todd Erickson, PE Folz, Freeman, Erickson, Inc. 5620 Memorial Avenue North Stillwater, MN 55082 RE: Conceptual Plan for Oakgreen Village—City of Oak Park Heights Dear Mr. Erickson: Our office has received the conceptual drainage plan dated January 24, 2003, for the proposed Oakgreen Village project site, located in Section 5, Town 29 North, Range 20 West, City of Oak Park Heights. At the February 13, 2003 MSCWMO meeting you presented a plan for review and comment that would change in the drainage divide on the site. Recently, we learned that the development plans and proposed drainage on-site will be changed significantly from what was presented at the February meeting. Therefore, at this time MSCWMO has made a motion to reject the plan that was submitted. MSCWMO encourages you to resubmit new plans and drainage designs to us when they are available. If you have any questions, please feel free to call me at 275- 1136 ext. 21. Sincerely, Bob Fossum MSCWMO Administrator cc: Aleavitelieswis"Staritti5I'Veatirited Minagement Orgamiasioa Erik Johnson,Administrator, City of Oak Park Heights Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township ©0 E--) STATE:OF MINNESOTA IN COURT OF APPEALS .Case.No.'::CO-Qi 322 The Middle St Croix River Water • Management Organization, NOTICE OF ENTRY Relator, • v. Minnesota Board of Water and BWSR Decision Notice: January 25,2001 Soil Resources, Respondent and The County of Washington, Respondent • TO: THE RESPONDENT ABOVE-NAMED,MINNESOTA BOARD OF WATER • AND SOIL RESOURCES,AND ITS ATTORNEY,MATTHEW B. SELTZER, OFFICE OF THE MINNESOTA ATTORNEY GENERAL,445.MINNESOTA STREET, SUITE 900,NCL TOWER, ST. PAUL,MINNESOTA 55101 AND InE RESPONDENT COUNTY OF WASHINGTON AND ITS ATTORNEY, RICHARD D.HODSDON,ASSISTANT WASHINGTON COUNTY ATTORNEY,WASHINGTON COUNTY GOVERNMENT CENTER, 14949— 62ND STREET NORTH,P.O.BOX 6, STILLWATER,MINNESOTA 55082 • • PLEASE TAKE NOTICE, that on the 11th day of September, 2001, the annexed Appellate Court Opinion issued by the Honorable Randolph W.Peterson,Judge of Appellate Court, with regard to the above-referenced matter,was duly entered and filed in the office of the Clerk of Court,Minnesota Court of Appeals. • Dated this 17th day of September,-,200L' EC"KBE4' •fiyal% BRI , WO - .L.P. " :St° • • • • • • ' • Vierling Attorneys for Relator • 1835 Northwestern Avenue Stillwater,MN 55082 (651)439-2878 AttorneyLD. 112823 • • • • • • A _ 2 h• • STATE OF.MENNESOTA IN COURT OF APPEALS C0.01-322.. Inthe.Matter of•the'Eirlargement and Increasing_ • the:Number on4anagers of the Brown's••Creek;Watershed District • in::Washington County pursuant to Minnesota Statutes 103D.261 and.305. • Filed September 11,2001 Reversed • Peterson,Judge Minnesota Board of Water and Soil Resources Mark J. Vierling, Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., 1835 Northwestern Avenue, Stillwater, MN 55082 (for relator Middle St. Croix River Water Management Organization) Mice Hatch, Attorney General, Matthew B. Seltzer, Assistant Attorney General, 445 • Minnesota Street, Suite 900, St. Paul, MN 55101-2127 (for Minnesota Board of Water and Soil Resources) Doug Johnson, Washington County Attorney, Richard D. Hodsdon, Assistant County. • • Attorney, Washington County Government Center, 14949 - 62nd Street North, Stillwater, MN 55082 (for County of Washington) Considered and decided by Harten, Presiding Judge,Schumacher, Judge, and Peterson, Judge. SYLLABUS Minn. Stat. § 103D.261, subd. 2(a) (2000), does not authorize the Board of Water and Soil Resources to enlarge a watershed district to include territory already within a joint powers water management organization. • A3 A , - • • • OPINION • * . . ..• PETERSON,Judge Respondent 1 innesoti-Board• of.. later and Soil••.Resources'-EBWSR),.granted - respondent County of Washington's petitions to enlarge two watershed districts, Brown's Creek Watershed District and Valley Branch Watershed District The enlarged watershed districts• include property within the territories of two joint powers water management organizations (JP-WMOs), relator Middle St Croix Valley Water Management Organization and Lower St. Croix Valley Water Management Organization.' In this • certiorari appeal, Middle St Croix argues that BWSR lacks the authority to assign to a watershed district territory within a JP-WMO. We reverse. FACTS . There are currently 11 water management organizations in Washington County, • • including Brown's Creek,. Valley Branch, Middle St. Croix, and Lower St Croix: • Brown's Creek and Valley Branch are watershed districts. Middle St Croix and Lower St. Croix are JP-WMOs. Under the joint-powers agreement that created Middle St. Croix . in 1984, eleven communities'authorized Middle St Croix to manage their storm-water . drainage and storm-water-regulatory-control systems pursuant to the Metropolitan 1 The order enlarging Valley Branch also changed its name to Lower St. Croix Valley Watershed District. To avoid confusion between Lower St Croix Valley Watershed District and Lower St. Croix Valley Water Management Organization,,we will refer to Lower St. Croix Valley Watershed District as Valley Branch and Lower St Croix Valley Water Management Organization as Lower St Croix. A 19a - 2 • • Surface Water Management Act. Minn, Stat. §§ 473.875-.883. (1982); see also Minn. Stat. §471.59•(1982)(joint-powers agreements)... In 1998, Washington County nitiated:'a:study of:water:governance:in.the county. The study identified several problems with JP-WMOs •and.both problems with and advantages of watershed districts. The study recommended that the number of water • management units in the county should be reduced from 11 to six and that local water management units should be watershed districts, not JP-WMOs. As part of implementing the study's recommendations, Washington County • brought the petitions to enlarge Brown's Creek Watershed District and Valley'Branch Watershed District. The county alleged that watershed districts would be more effective and efficient in managing water resources than were JP-WMOs. At the hearings on the petitions, Washington County Administrator James Schug and Washington County • Planner Jane Harper testified about the re ti • y. • aeons why Washington County sought to •• .. enlarge the watershed districts. They both testified that growth pressures require a • • comprehensive solution to water and natural resources management in the county. They explained that watershed districts will be large enough to be professionally staffed and to . provide a full range of programs and that a professional staff will facilitate communication with citizens and communities and promote accountability. Schug also addressed how watershed districts can be structured to promote tax equity and uniform costs for watershed districts throughout the county. Based on its conclusions that enlarging Brown's Creek and Valley Branch would further the public welfare, the public interest, and the purposes of Minn. Stat. chs. 103B A5 • �S • and 103D, BWSR granted the county's petitions. The area added to Brown's Creek includes the northern part af_•.Middle.St_:.Croix's territory:, The area added to Valley . Branch includes the ssouthern:par ::of Middle•St. Crta s:territory and all of Lower St:. . : • Croix's territory. • • • ISSUE • • Did BWSR exceed its authority by enlarging the Brown's Creek and Valley Branch watershed districts to include territory already within the Middle St. Croix and Lower St. Croix water management organizations? ANALYSIS . Judicial review of a BWSR decision enlarging a watershed district is governed by.. Minn. Stat. § 14.69 (2000),which governs judicial review of agency decisions. See In re • ' ' Sauk River Watershed Dist.,400 N.W,2d 416 4.18-19 (Minn. App. 1987) (establishment ,.. . s'•�.~ ,. 4 . ..� ,.. • • of watershed district).•under Minn. Stat.� •� . . . 14.69, BWSR's decision will be reversed ifit . . : exceeds BWSR's statutory authority. Statutory construction is a question of law subject to de novo review. Stroud v. • Hennepin County Med. Ctr., 556 N.W.2d 552, 555 (Minn. 1996). When a statute is unambiguous, the court must give effect to the statute's plain meaning. But, when a statute is ambiguous, that is, when it is reasonably susceptible to more than one interpretation,the court must determine the probable legislative intent and construe the statute in a manner consistent with that intent. Astleford Equipment Co., Inc. v. Navistar IntlTransp. Corp., 611 N.W.2d 33, 37 (Minn. • App. 2000), aff'd'd in part, rev'd in part, N.W.2d (Mimi. July 19, 2001) (citations A 6 i 4 • • omitted). "While statutory construction focuses on-the language of the provision at issue, it is sometimes. necessary*.;to• analyze that provision in the context of surrounding sections." American Faini13,7ns°Gr©up v:Schrcredl; 6i6N.W.2d 273;278 (Minn.2000).. We are to:read:and:-construe a statute:as a whole and must interpret each section in light of the surrounding sections to avoid conflicting interpretations. Finally, courts should construe a statute to avoid absurd results and unjust consequences. Id at 277-78 (citations omitted). • The boundaries of a watershed district located wholly within the metropolitan area can be changed pursuant to chapter 103D. Minn. Stat. § 103B.215, subd. 1 (2000). Minn. Stat. § 10312261, subd. 2(a) (2000), grants BWSR the following authority to.. enlarge a watershed district • After [a public] hearing, if the board determines that the .• . :,,•.' - -f•, ehtargement of ttie watershed •district 'as 'asked' fiir if he' • •1•':. -.••'. petition would be for the public•welfare and Public interest and the purpose of this chapter would be served, the board shall,by making findings and an order, enlarge the watershed district The parties dispute whether yinn. Stat § 103D.261, subd. 2, permits enlargement of a • • watershed district by adding territory-already within a JP-WMO. There is no claim that a JP-WMO ceases to exist if the territory within it is added to a watershed district. BWSR argues that Minn. Stat. § 103D.261 expressly contains only four requirements for enlargement of a watershed district a petition by the county or other • authorized party; service of the petition on specified parties; notice and a public hearing; and the requisite findings and order by BWSR. BWSR argues that the construction urged Al A7 . 5 • : ... ... �..._..... • • • by Middle St. Croix-wouldrequire•-this court to add language creating a fifth requirement for enlarging a watershed district;that the territory to be added not be within.a JP-WMO. This argument has•merit if we cotisider only section 103D..261.• But we mist consider• this section in light of surrounding-sections. To address BWSR's°:argument, we must analyze Minn. Stat. §§ 103B.215, •subd. 1, and 103D.261, subd. 2, in light of other provisions in chapters 103B and 103D.2 And our analysis must be guided by the "fundamental principle" that in interpreting • a statute, form should not be exalted over substance and literal constructions should not override the general policy and objectives of the law. Krumm V. R.A.Nadeau Co.,276 N.W.2d 641, 643 (Minn. 1979). The powers that JP-WMOs and watershed districts may exercise overlap. Minn. Stat. § 103B.211, subd. 1(a) (2000),which applies to JP-WMOs,states: • • • •••••11z • ' ' .25.ny 'agreenient 'under section 471.59 to jointly or • • • • - •r cooperatively manage or plan for the management of surface • ,water in a watershed delineated pursuant to subdivision 2, as required by sections 103B.205 to 103B.255, may provide, in addition to other provisions authorized by section 471.59, for • a joint board having: (1) the authority to prepare, adopt, and implement a plan for the watershed meeting the requirements of section • 10.3B.231(.1 ' 2 Middle St. Croix was created under Minn. Stat. §§ 473.875-.883 (1988). In 1990, the legislature repealed Minn. Stat. §§ 473.875-.883 and =codified water laws in chapter 103B. 1990 Mimi. Laws ch. 391, arts. 1-10. The legislature intended the recodification "to be a clarification and reorganization of provisions of laws affecting water" and did not intend the changes that were made "to alter the laws affecting water." 1990 Mimi. • Laws ch. 391, art. 10, § 1. A- 9 Ag 6 .. :: .'. r..i is y:`G.:m:rn.t.vr.�r.1'i✓�rR:::': _ In describing the powers that a JP-WMO can exercise to regulate land use and development in.a watershed; to maintain and construct new drainage systems, and to conduct..financial-activities;:Minn. Stat. § 103B.2111, subd:.i(a)(3)-(7), specifically grants JP-WMOs the same powers granted to watershed districts.under Minn.:Stat ch. 103D. Furthermore, Minn. Stat. § 103B.231, subd. 3(a) (2000), provides that, "Where a watershed management organization exists, the plan for the,watershed must be prepared and adopted by the organization." The plan is subject to review by BWSR "for conformance with the requirements of sections 103B.205 to 103B.255, and chapter 103D." Minn. Stat. § 103B.231, subd. 9 (2000). After BWSR determines conformance with those requirements, the watershed management organization shall adopt and.. implement the plan. Id.,subd. 10. A watershed district can also be authorized to prepare, adopt, and implement surface water management plans in a watershed. See Minn. Stat. § 103D.201, subds. 1-2 . (2000) (general and specific purposes of watershed districts). When a watershed district is established for that purpose, its managers must adopt a watershed management plan. Minn. Stat. § 103D.401, subd: 1 (2000). The plan is subject to approval by BWSR. Id., subd. 5. Upon approval, the plan becomes the watershed management plan for the watershed district Id. Because both JP-WMOs and watershed districts have authority to adopt and implement water ma-nagement plans, enlarging a watershed district to include territory within a JP-WMO would create a situation where two entities have authority to perform the same water management tasks for the same territory. In light of the general.policy A A9 . 9 • • and objective of chapters 103B and 103D to provide water management, we conclude that the legislature did not intend to allow two water management organizations to have concurrent authority to perform water management tasks for the same territory. At a minimum, doing so would be inefficient and, at the extreme, it could result in conflicting water management plans that call for different things to be done at a single location. In that situation, it could be impossible to implement the conflicting plans. We,.therefore, construe Minn. Stat. § 103D.261, sub.d. 2(a), as not authorizing BWSR to enlarge a watershed district to include territory already within a JP-WMO when both the watershed district and the JP-WMO would be performing the same water management functions. See Minn. Stat. § 645.17(1) (2000) ("legislature does not intend a result that is absurd, . impossible of execution, or unreasonable"). Although BWSR did not make any findings on the functions to be performed by • .. Brown's Creek and Valley Branch, the record shows that Brown's Creek,Valley Branch,.�.. -.. Middle St. Croix, and Lower St. Croix are all authorized to manage surface water. We recognize that the county presented evidence that watershed districts would be more effective and efficient than JP=WMOs in managing water resources,but we,nevertheless, conclude that BWSR erred in granting the petitions to enlarge Brown's Creek and Valley Branch because expanding the watershed districts into territory already within JP-WMOs creates conflicting surface-water-management authorities. • lb A,0 s • • DECISION BWSR exceeded its statutory authority in granting Washington County's petitions to enlarge Brown's Creek and Valley Branch to include territory already within JP- WMCs. Reversed. ..• •• . • A1,1 1 9 1111 r MIDDLE ST. CROIX RIVER WATERSHED �r MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 tF Stillwater, MN 55082 D A Joint Powers Watershed Management Organization composed of ten St. Croix Valley { lc Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed £F,r April 10, 2003 Ms. Judy Hoist, Acting Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: McKean Square—Boutwells Landing Phase II—City of Oak Park Heights Dear Ms. Hoist: Previously, our office has received and reviewed the drainage report and construction plans dated January 24, 2003 for the proposed McKean Square—Boutwells Landing Phase II project site, located in Section 5, Town 29 North, Range 20 West, City of Oak Park Heights. This review,based on plans submitted dated March 24, 2003, will be for the erosion control and site stabilization plan. Middle St. Croix Watershed Management Organization offers the follows comments. Erosion and Sediment Control Large portions of the site will be disturbed during the project and will require timely and effective erosion and sediment control. We would emphasis the need for all temporary erosion control measures to be in place before grading of the site begins. Additionally, the wooded area immediately north of Pond 6 except for the pedestrian trail should be identified as an area outside the limits of grading. This should be noted on Sheet C3.0 as an area of no disturbance. Ponds 2 and Ponds 4 should be converted to temporary sediment basins to provide protection for Wetland 1 during construction. This could be accomplished by placing a plate over the 8" orifice at the outlet structure. The plate should have a 2"-3" orifice thereby reducing lower flows but not inhibiting peak flows into the top of the structure. The invert of the reduced (2"-3") orifice should be at the invert of the existing 8" orifice. This plate and all sediment in the pond should be removed once the City Engineer has determined that the site is stabilized. • Tree Preservation and Protection We would also ask that as many trees as possible be preserved and protection of the tree, as well as, the root zone be provided for. Silt fence should be placed around all trees that are to be preserved to delineate a no- Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • grading boundary. Where possible, the silt fence should be placed at the drip line of each tree to protect the root zone from grading and/or filling that could damage or kill the tree. If you have any questions,please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum Water Resource Planner cc: David Beaudet, Middle St. Croix Watershed Management Organization, Oak Park Heights Todd Erickson, Folz, Freeman, Erickson, Inc., 5620 Memorial Avenue North, Stillwater, MN 55082 Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township AEI Am • 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX AMiliry architecture • engineering • environmental • transportation t/), @ 1.. Meeting Notice , i p ;% 2 / 7 2003 1 RE: State of Minnesota Storm Sewer Project - SEH No.: A-MSCWM0301 Phase II Project Manager: Jeff Davis Phone No. 651.490.2025 SEH SEH - St. Paul Office Please have a representative of your organization attend the meeting for the referenced project at the date and time listed below: Date: February 26, 2003 Day: Wednesday, Time: 1:00 p.m. Location: City of Bayport If you have any questions, please call the Project Manager listed above. c: Wendi Lindquist, City of Bayport Mel Horak, City of Bayport Darrell Knutson, Allen King Plant Doug Green, Minnesota Correctional Facility Chris Manthey, Washington County Public Works Joe Lux, Washington County Permits Scot Gresback, Qwest Communication Conrad Miler, Excel Energy Jay Johnson, City of Oak Park Heights Dave Baudett, Mayor of City of Oak Park Heights Molly Shodeen, Department of Natural Resources Paul Hegre, SEH Allyz Kramer, SEH ah E\wp\projects\mn\macwm\meetingnopce2.doc, Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer • • May 15, 2003 The Honorable Tim Pawlenty, Governor State of Minnesota Room 130, State Capitol St. Paul,MN 55155 Dear Governor Pawlenty: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time,the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided$650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. • r May 15, 2003 The Honorable Rebecca Otto, Representative 393 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155-1206 Dear Representative Otto: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time, the State also constructed the Prison Pond, officially called the DNR Pond 82-301P,that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief,but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided$650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill,the State provided$2.68 million to construct Stage 1 of the project. • . May 15, 2003 The Honorable Steve Sviggum, Speaker Minnesota House of Representatives 463 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155-1206 Dear Mr. Speaker: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time, the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided $650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. • 411 May 15, 2003 The Honorable Brian LeClair, Senator 149 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul,MN 55155-1206 Dear Senator LeClair: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time, the State also constructed the Prison Pond, officially called the DNR Pond 82-301P, that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief, but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided $650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. • May 15, 2003 The Honorable Eric Lipman, Representative 567 State Office Building 100 Dr. Martin Luther King, Jr. Blvd. St. Paul,MN 55155-1206 Dear Representative Lipman: The State of Minnesota owns a clay pipe sewer system in the cities of Bayport and Oak Park Heights that was constructed in 1907 to serve the prison. At the same time,the State also constructed the Prison Pond, officially called the DNR Pond 82-301P,that collected the 55,000 gallons of spring water produced each day to provide the prison with their water needs, including cooling of the boilers. The excess water was then directed into the 1907 clay sewer pipe that flowed into the St. Croix River. The Department of Corrections made the decision to close the sewer line leaving the prison because the sewer pipe had disintegrated, and they no longer needed the water. The only other outlet from the State's Prison Pond is a shallow creek that runs through the residential and commercial districts of the City of Bayport. In the winter, the creek freezes over and the excess water from the prison pond has flooded the City on a number of occasions. Residents and businesses have filed an injunction against the City to prevent the release of water into Perro Creek after severe and damaging flooding of their homes and businesses. The cities of Bayport, Oak Park Heights, Stillwater; Baytown Township and Washington County have committed hundreds of thousands of dollars building levees, installing pumps and raising road levels in an attempt to remedy this problem. These efforts have proven to be temporary relief,but have not solved the basic problem that the storm sewer must be replaced. After many failed requests to the State and the Department of Corrections to correct this situation, the Middle St. Croix Watershed Management Organization took their request to the Legislature in 1998. The State provided$650,000 in the State Bonding Bill for the preconstruction engineering work. In the 2000 Bonding Bill, the State provided$2.68 million to construct Stage 1 of the project. 0 • This work has been completed. It provided for the construction of the new sewer line from the prison complex to the St. Croix River. Stage 2 will complete the sewer from the prison complex to the State owned Prison Pond that produces the water. Until Stage 2 is completed, the potential flooding problem has not been relieved. The 2002 House and Senate Capital Investment Committees and the full House and the Senate approved our request for$1.55 million to complete the project. Governor Ventura vetoed the project, along with a number of others. We were fortunate that the winter of 2002—2003 did not produce the weather that resulted in flooding. Over the years the Department of Corrections has constructed buildings above the plugged sewer line. This situation has the potential for creating damages in excess of the $1.55 million requested in the 2003 Bonding Bill to complete the project. The State has already contributed$3.33 million to complete 2/3 of the project. These expenditures are useless unless the project is completed. We urge you to approve this emergency funding for this very critical project in a 2003 State Bonding Bill. Thank you for your support. Respectfully yours, David Beaudet Mayor • I The State of Minnesota Storm Sewer Replacement Project at the State Correctional Facility at Stillwater Testimony before the House Jobs and Economic Development Finance Committee of the Minnesota State legislature The Honorable Bob Gunther, Chair March 20,2003 Submitted by: The Middle St. Croix Watershed Management Organization John McPherson, Chairman City of Bayport, Fiscal Agent Bayport, Minnesota For further information contact: Ed Cain(651)439-7681 • • State of Minnesota Storm Sewer Replacement Project State Correctional Facility- Stillwater in Bayport, Minnesota Stage 2 Project Background: The State of Minnesota Storm Sewer and the DNR Pond 82-301P were constructed in 1907, for the purpose of providing the Stillwater Prison with a reliable water source for drinking water,heating the facility, and the personal use of the prisoners and staff. A dam was constructed to form the DNR Pond which captured the water from the natural springs at this site. The flowage from the natural springs produces 550,000 gallons per day, and up to 13 cubic feet per second. The Prison used the water for prison operations including drinking water. Until 25-30 years ago, the State used the water to cool the prison boilers. The excess water was released into the storm sewer and was piped into the St. Croix River The consulting engineers designed an intricate piping system which led from the pond to the prison site. A storm sewer system was then constructed to carry the excess water through vitrified clay pipes from the prison site to the St. Croix River. The only other outlet from the DNR 301P Pond is by way of Perro Creek, a shallow stream that winds its way through the residential section of the City and into the commercial district before finding its way to the St. Croix River. Perro Creek is a decorative stream, quite shallow, which freezes solid during the Winter months. It is incapable of handling the flowage from the State's DNR Pond when frozen. State Abdicates Their Responsibility for Their Property: In 1987, Minnesota State Prison officials contacted the City of Bayport Council, advising them they would no longer maintain or repair the old sewer system. Since then, the system has failed and is no longer adequate to meet the needs of the service area. The last 350 feet of the sewer line has collapsed, and the City officials have had to build a temporary ditch with rip rap to avoid erosion, through the private property of Andersen Window Corporation to the St. Croix. Inspections were made of the remaining lengths of sewer line by the Short- Elliott-Hendrickson engineering firm using video cameras extended through the pipes in the remaining areas of the system. The results were not encouraging. They showed that the disintegration of the pipe was continuing throughout the system, and it was only a matter of time until the remaining clay pipes would fail as well. An Incomplete Sewer System Will Create Losses Extensive Losses for Stake holders There are many stake holders that will be negatively affected when the State's storm sewer fails, most of all, the State of Minnesota. Since the piping network was constructed 96 years ago, the State has constructed a number of major buildings on top of the water/sewer system throughout the prison grounds. (1) • If these pipes should rupture during the Winter months as other pipes in the system have failed, the choice would be flood the prison or flood the City. Neither are acceptable options. Other stake holders include Andersen Windows whose operations would be limited because the sewer system abuts and crosses their manufacturing and storage areas. The Union Pacific Railroad delivers thousands of tons of coal every other day to the Excel King Plant. County Road 21 and State Highway 95 would be dosed under certain conditions. And the City of Bayport runs the risk of significant residential and commercial property loss. History of Events: 1972: The City of Bayport has experienced significant flooding along Perro Creek downstream of the Prison Pond. An injunction was ordered against the City which restricts diversion of runoff into Perro Creek. 1987: The Minnesota State Prison officials contacted the City of Bayport Council, advising them they would no longer maintain or repair the old outlet system. Since then, the system has failed and is no longer adequate to meet the needs of the service area. 1993: Following a study by Short Elliott Hendrickson (SEH), recommendations were made for an improved outlet which was constructed in 1995. The old outlet into Perro Creek was shut down in November, 1994. The problem was ameliorated somewhat by the improved outlet, but even with the improvements, the system was unable to keep up with the inflow into the Prison Pond, and the water level continued to rise. 1995: The City of Bayport and Washington County constructed a 500 foot, four-foot high earthen levee to prevent the overflow of the Prison Pond. The water continues to rise. When the information was shared with MNDOT, they immediately programmed funds to replace the old day sewer pipes that cross Highway 95 when the project construction begins. 1996: City of Bayport sets up temporary pumps within the Minnesota State Prison to handle the runoff from .the Prison compound. It is discharged into the prison's downstream storm sewer. This is an expensive process, and is no permanent solution. The Department of Corrections has not indicated a willingness to contribute financially to a permanent solution of the problem. 1997: SEH completes study to determine the most cost effective permanent solution to the problem. Three additional outlet options were reviewed. The firm recommends a new underground sewer system to avoid freezing and flooding, with adequate capacity to maintain a constant level in the Prison Pond. The discharge will flow into a settling pond before entering the St. Croix River, assuring improved environmental conditions. 1998: The Minnesota State Legislature appropriated $650,000 in bonding funds, and directed the Middle St. Croix Watershed Organization to initiate a study of the State storm sewer system, determine costs, and other preconstruction work, and report to the House and Senate Committees by January 15, 1999. (2) • • This work was completed and multiple copies submitted on the due date. The City of Bayport acted as the fiscal agent for the project. 2000: The Minnesota Legislature appropriated $2.68 million for the construction of Stage 1 of the State Prison Strom Sewer Project. Construction of Stage 1 was completed in the Fall of 2001. 2001: $1.55 million was requested from the Legislature in the 2001 Session to complete Stage 2 of-the project. The Capital Investment Committees of the House and the Senate determined that the funding should be delayed until the regular bonding session of 2002, fully recognizing that the project costs would undoubtedly increase. 2002: Both the House and the Senate approved $1.55 million in their respective Bonding Bills in the 2002 Legislative Session. It was one of a number of "line item vetoes" by the Governor resulting in yet another delay in the project completion. Stage 2 Funding Request for 2002: The Middle St. Croix Watershed Organization is requesting $1.55 million to complete Stage 2 of the project. An appropriation in the 1998 Bonding Bill provided $650,000 for the purpose of completing studies, the development of designs,plans and specifications, and other preconstruction costs. The Legislature approved $2.68 million in the 2000 Session for the construction of Stage 1 of the project. These funds provided for the replacement of the storm sewer from the St. Croix River, across the Andersen Windows property, under the railroad tracks and Highway 95, to the North side of the Prison complex. The construction firm had to remove all of their equipment, and the project will have to be rebid at an escalating construction cost. The project was planned in conjunction with Washington County's construction of County Road 21, however, due to reduced State support from the MNDOT, this road work has now been delayed indefinitely. Very competitive bids for Stage 1 have resulted in.some cost savings that are anticipated to absorb the additional costs resulting from the two-year delay in the completion of the project. Stage 2 of the project will complete the storm sewer from the Prison complex to the DNR Pond 82-301P, the source of the springs producing water. The State Prison Storm Sewer Study by SEH stated in the report that reconstruction costs for the project would be $4.85 million. While the project costs are significant, not completing the necessary work, and the resulting potential damage to government and private property would be much more costly. Summary: • The water emanates from natural springs located on property owned by the State of Minnesota. (3) • • • • The State of Minnesota constructed a dam to collect and hold the water in a reservoir which has become known as the "Minnesota Department of Natural Resources Pond 82-310P/Prison Pond (DNR/Prison Pond)for use in the Stillwater Prison. • The State of Minnesota's natural springs produce more than a 1/2 million gallons of water each day. • The State of Minnesota constructed a storm sewer in 1907, to transport the excess flowage from the DNR/Prison Pond and the Stillwater Prison to the St. Croix River. • The State of Minnesota quit using water from the DNR/Prison Pond in 1987. • The State of Minnesota has neglected repair and maintenance on the storm sewer until the last 350 feet of the clay storm sewer pipe has deteriorated, collapsed, and is no longer functioning. (The City of Bayport was forced to construct a ditch with rip rap across private property to bypass the section of collapsed pipe.) One section of the storm sewer was replaced by cement pipe by the State. • The State of Minnesota has neglected their responsibility by inadequately servicing, maintaining, and repairing their system, and by resorting to "band-aid"solutions to resolve serious problems inherent in the State's Stillwater Prison storm sewer system and the pumping station in Stillwater Prison. • The State of Minnesota has compounded the problem by constructing buildings over 18"clay pipe laid nearly a 100 years ago. With no way to access the problem, these clay pipes will certainly disintegrate as have other pipes in the sewer system. • When the State Prison pump failed in the 1972, the excess water flowed into shallow Perro Creek which follows a path through the City of Bayport. With the creek frozen in the Winter months, the State's water flowage caused significant flooding of residential and commercial property in the City of Bayport. • The City of Bayport and Washington County have spent several hundred thousand dollars to protect personal, commercial, and local government property. They have constructed earthen dams and levees, raised county roads, provided pumps to Stillwater Prison, constructed by-pass and emergency ditches, and other measures to protect the commercial operations of the Andersen Window Corporation, the Union Pacific Railroad, downtown businesses and local residents. • It is important to note that the flooding problem is a threat during the months of December, January, and February when the only other outlet to the State's Prison Pond, Perro Creek, is frozen over. Run off from rain or Springs thaws are not a factor because they occur during the Spring, Summer, and Fall when Perro Creek can handle these events. • Further, if the State had not constructed the dam that forms the Prison Pond in 1907, to collect the water for use by the prison, there would be no problem. Consequently, there is no shared responsibility by the local jurisdictions when any run off in the moderate months would flow normally. (4) M • • Conclusion: It is the opinion of the MSCWMO that the State is solely responsible for the correction of a State system that is no longer functional. It was created by the State, and constructed 96 years ago. The current condition endangers the safety and property of the citizens of Bayport. Flooding of the area can potentially disrupt the operations of Excel Energy, Andersen Windows, Burlington Santa Fe Railroad, and other businesses, and threatens the rail and auto transportation systems. The most critical issue is the potential flooding of the Stillwater Prison complex. The same clay pipes that have disintegrated below the Prison, pass through the Prison property. The Department of Corrections have constructed buildings on the land above the sewer system. Any rupturing of the day pipes in the prison complex, as has occurred below the Prison, would not be reparable without the destruction of several buildings. In addition, he current failed system does not provide for the environmental considerations that an improved system will provide. We urge the Committee to provide $1.55 million in funding to complete Stage 2 of this project in the 2002 Legislative Session. (5) • MINNESOTA STATE STORM SEWER PROJECT NORTH PRISON POND OUTLET STUDY STATE STORM SEWER FEASIBILITY AND DESIGN ENGINEERING 1998-1999 AUTHORIZED ENGINEERING SEH INVOICE No.48161 $39,593.70 INVOICE No.48784 $54.394.62 INVOICE No.49425 $5,577.58 INVOICE No.49962 $13,723.57 INVOICE No.50633 $16,640.01 INVOICE No.51295 $21,821.20 INVOICE No.51875 $4,553.43 IN 52491 INV 52990 $4,820.39 INV 53640 $480.48 INV 54479 $564.88 INV 55000 $3,948.06 INVOICE NO 58194 $$223.15 • TOTAL THRU 1999 $223.10 $168,185.67 $168,185.67 MINNESOTA STATE STORM SEWER ENGINEERING DESIGN PLANS AND SPECIFICATIONS 2000 INVOICE NO 66963 $5,775.80 INVOICE NO 67333 $17,513.88 INVOICE NO 68238 $27,022.70 INVOICE NO 69176 $40,739.65 INVOICE NO 69621 $47,207.60 INVOICE NO 70876 $49,429.55 INVOICE NO 71830 $43,202.55 INVOICE NO 72608 $16,209.28 • INVOICE NO 73089 $898.99 $248.000.00 $248,000.00 INVOICE NO 65083 $216.00 INVOICE NO 66414 $1,728.00 INVOICE NO 67310 $540.00 INVOICE NO 68045 $756.00 INVOICE NO 68476 $324.00 INVOICE NO 73084 $108.00 INVOICE NO 75023 $648.00 INVOICE NO 75861 $1,944.00 INVOICE NO 76683 $216.00 INVOICE NO 77815 $324.00 INVOICE NO 79483 $324.00 INVOICE NO 80181 10,800 $540.00 $7,668.00 TOTAL ALLOCATION BALANCE $10,800.00 $3,132.00 PHASE II DESIGN INVOICE NO 81115 PHASE II $3,635.46 $3,635.46 TOTAL ALLOCATION BALANCE $223,000.00 • $219,364.54 TOTAL DESIGN THRU 10.31.01 $649.986 TOTAL ALLOCATION TO DESIGN 1999 LEGISLATURE$650,000 $650,000 BALANCE $14 ConstCONST State of MN Storm Sewer- 24" Di:meter Extensbn IIIIIIIIIIIIIIII NRou•h En•ineers Estimate aJanua 29,1101 MEMO Pi•e Extension 400 Ft. into Prison Pond 1 Revised OAF, 2001 a II Mobilization ■ 1.0 II33000.0 • 33000 m24" RCP Storm Sewer LF • 400.0 • 70 • 28000 NIT •e D Manhole MAIM 200.0 a 150 • 30000 Dewaterin• LS 1.0 U 25000 • 25000 Cofferdam LS • 1.0 a 30000 • 30000 Shoring SF a 650.0 •111111•721• 16250 Restoration LS • 1.0 a 10000 a 10000 Muck Excavation CY • 1000.0 • 10 • 10000 Ri•ra• CY • 100.0 45 a 4500 Common Laborer Hour • 40.0 a 40 a . 1600 3 C.Y. Shovel Hour II 32.0 a 125 a 4000 MI Dozer Hour a 32.0 a 100 a 3200 12 C.Y. Truck Hour a 32.0 a 75 a 2400 3 C.Y. Front End Loader Hour a 32.0 a 100 a 3200 Tam•in• Roller Hour • 32.0 a 75 • 2400 Maintenance & Restoration of aa II um Haul Roads - Phase 2 LS • 1.0 a 5000 a 5000 Maintenance of Traffic - Phase 2 LS • 1.0 • 3000 a 3000 Water for Dust Control - Phase 2 M Gal. a 2.0 a 200 a 400 Silt Fence LF • 600.0 a 3.25 a 1950 Floating Silt Curtain LF 500.0 a 13 a 6500 Replacement Backfill CY a 1500.0 a 6 a 9000 (Coarse Filter A... Pi se III_-a III Foundation - Phase 2 Ton a 300.0 a 14 a 4200 Mechanical Anal sis - Gradation Each a 4.0 a 80 a 320 Standard Proctor Each a 4.0 a 80 a 320 Densi - Nuclear Each a 10.0 a 80 a 800 MI Densi - Sand Cone Each a 4.0 a 120 a 480 Concrete Com.ression Test Each 3.0 a 100 a 300 Steel Tubes Pile LF a 4800.0 a 21 a 100800 Test Pile 11.01111111114.0 a 3500 a 14000 Concrete Pile Bent LF 40.0 a 1600 a 64000 Access Road - Prison Pond LS 1.0 • 40000 40000 ■ ■ 11111111111111 Subtotal Cohs ruction a 455000 ■ a I 25% Contin sC-r a 114000 a Constructio otal • d ■ aa 1111121=M1111111=11111 35000 ■ Bonn's I I 25000 State of Mirinesotorm Sewer Cost Summary 1 'IPhase 2 4Il Construction Cost $663,000 Construction Cost Excalation 6% to FY 2002 $40,000 Easements Prison Pond/NSP Pond $75,000 Develop Operation Guidelines $50,000 Redesign of Phase 2 $75,000 Misc. Design Services After Construction $60,000 Construction Contingency 20% Included in construction cos' Field Services/Design During Construction $220,000 City Admin./Legal $40,000 Raise OPH Trail System w/design $225,000 Water Quality Testing $10,000 Bank Stabilize:ion $25,000 Total Phase 2 Costs $1,483,000 Add $50,000 for long term operation 50000 Project and Operation Cost $1,533,000 • 0 Legislative Associates, Inc. P.O.Box 2131 II013otb Street,Suite 500 Stillwater,MN 55082 (651)439-7681 Washington,D.C.20007 (2o2)625-4356 Fax(651)439-7319 - Fax(2o2)625-4363 May 14, 2003 To: Members, Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Rick Schneider, Mayor, City of Bayport Dave Beaudet, Mayor, City of Oak Park Heights Jay Kimble, Mayor, City of Stillwater Wendi Lindquist, Acting Administrator, City of Bayport From: Ed Cain, LAI Subject: Legislative and Administrative Action on the State Storm Sewer in Bayport As you all know through news reports, the Legislature is still fighting over the budget provisions. The Senate has passed a bill along strict party lines that resolves the problem basically with a$1 billion +tax increase. The House, again along party lines has passed a bill with no tax increases, but with some major cuts in current programs, including State aid to cities. Also, they are adding new fees like they were going out of style, and increasing those already in place. The Governor had again restated that he will approve no bill that includes new taxes. Phil Krinkie, Chair of the House Capital Investment Committee, continues to say no bonding bill. Keith Langseth, Chair of the Senate Capital Investment Committee, brought his Bonding Bill to the floor, and it was defeated by all the Republicans, and enough DFL'ers to send the bill back to committee. With all of this bad news, I still believe, along with many others, that there will be a bonding bill this Session. The difficulty is that the bill will be put together very quickly with little chance for public input. It will probably be much smaller than most want, and may have difficulty getting passed on the floor of the House and the Senate for that reason. In an effort to assure our project remains in a priority position, I, and one of my associates, will be meeting with each of the 28 House and Senate Members of the Capital Investment Committees this week, providing them with new materials, and stressing the importance of funding to complete the State Storm Sewer Project this year. I continue to work with key committee staff. Those projects vetoed last year by Governor Ventura remain a concern of both the House and Senate Committees, and Krinkie also supports infrastructure projects over many of the other projects requesting funds. We are also working closely with House Speaker, Steve Swiggum, emphasizing the need for bonding this Session. The Session is scheduled to end Monday, the 19th. If bonding moves forward, it will move quickly. If the Session is extended for budget reasons, I believe the bonding will also be delayed. I'll keep you informed. Ed IIWMP Community Meeting Agenda/Outline • Middle St. Croix Watershed Management Organization May 29,2003, 7:00 PM -dr 4 260 Baytown Community Center Meeting Agenda Cl �/�""� 1. Call to Order 2. Introduction of Board Members ICI 3. Who,What, and Where of MSCWMO? cl./ 4. Watershed Management Plan a. Why? b. What? G, uutxkm, ib 5. MSCWMO's plan in regard to: t 6;'1 a Al ,'f , may- 96itti a. Regulation ��� © b. Financing . 'A,�- USii 1rt�"" N �lv` c. ::: ‘e""d. on i�'`y� Pcf) // l ' 'V WW A) e. Inventory/Data Collection 6. Adjourn �'' �/ .. PAS w wi-t- Gig/ fixil-° Pil-,---)10 GU `/ei/i.j.„ , ,p7k c--''1,11(4.)? Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Middle St. Croix Watershed Management Organization (MSCWMO) What are Watershed Management Organizations (WMOs)? • WMOs are mandatory,not voluntary • WMOs deal only with surface water,where watershed districts manage both surface water and groundwater(metro area counties handle groundwater planning) • WMOs do not have individual taxing authority,unless their joint powers agreement specifically grants this authority,and most rely upon funding of the municipalities that make up their membership • WMOs are governed by a board appointed by the member municipalities and townships Who is MSCWMO? A Joint Powers Watershed Management Organization composed of ten St.Croix Valley Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed. The ten member communities are: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St. Croix Beach,Oak Park Heights,St. Mary's Point, Stillwater and West Lakeland Township. Each member community appoints a member to the MSCWMO board. Monthly meetings are the 2nd Thursday of each month at 7pm at the Washington Conservation District offices,located in the River Heights Plaza, Stillwater. What does MSCWMO organization do? • Cooperatively manage water resources in the watershed • Inventory and assess the resources of the watershed • Monitor the water quality of lakes and streams in the watershed • Provide education on water related issues in the watershed • Review development plans for stormwater management,erosion and sediment control,and wetland and shoreland protection • Plan and implement capital improvement projects that enhance the water resources of the watershed Why develop a Watershed Management Plan? As a requirement of the Washington County Water Governance Study completed in MSCWMO is required to complete a 2"d Generation Watershed Management Plan to be deemed an implementing,functional organization. The Board of Water and Soil Resources(BWSR)also require a Watershed Management Plan. The plan will prioritize water related issues within the watershed and develop a plan to manage those resources. Regulation,protection,education will be components of the plan. What are the key components of a Watershed Management Plan? 1.) Inventory and Assessment 2.)Goals and objectives 3.)Implementation: Financing,projects,and regulation 4.)Evaluation • • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION "` irvik 1380 West Frontage Road, Hwy 36 e Stillwater, MN 55082 D ;` A Joint Powers Watershed Management Organization composed of ten St. Croix Valley mom . Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed. 1 Jr Middle St. Croix Watershed Management Organization's Second Generation Plan May 4, 2003 Dear MSCWMO Community Member: The Middle St. Croix Watershed Management Organization (MSCWMO) has begun the process of developing a second-generation watershed management plan, which may ultimately require coordination with your comprehensive land use plan. The MSCWMO is contacting all ten communities within the watershed to solicit input, that will assist us in identifying and prioritizing issues of interest to the citizens of the watershed. The Middle St. Croix Watershed Management Organization is planning a Community Meeting on May 29, 2003 to increase the public's awareness of the watershed and this planning process. This meeting will also be used to solicit public input on relevant issues in the watershed. We respectfully request the attendance at this meeting of township/city councils, planning commissions, and park boards to provide their input. Other interested citizens are also encouraged to attend. The May 29th meeting will be held at 7:00 p.m. at Baytown Community Center, County Road 14, Baytown. The MSCWMO encourages input in the process of developing the plan by directly communicating your community's viewpoints and interests to MSCWMO board members. This input can be directly communicated to the MSCMWO representative from your community to ensure that the viewpoints and interests of your community are properly considered. If there are local water management issues that you believe need further evaluation during the development of this Second Generation Watershed Management Plan please contact Bob Fossum at 651-275-1136 ext. 21. The MSCWMO appreciates your community's input in this planning process and looks forward to working with your community in the development of a comprehensive management plan for all of the resources in the watershed. Sincerely, �- r %'i. -i'L✓ vt../{ Jblin McPherson, Chair Middle St. Croix Watershed Management Organization Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Regular Meeting Agenda Middle St. Croix Watershed Management Organization May 8, 2003 Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM-Regular Meeting Agenda /. Call to Order Approval of Minutes a) Approval of April 17, 2003 Minutes 0 Treasurer's Report(Anders Hansen) a) Report of Savings Account Assets b) Approve payment of bills c) Annual Fees from Municipalities /1:44111-16 4 Old Business a) Perro Creek/Prison Pond Outlet Project—Update /17 coMcKean Square—U date ----'74)))*./ I 5. New Business a) Oak Park Square--Update ' b) Oakgreen Village--Update Lam"` .l' c) Watershed Management Plan a. May 29, 2003 Workshop with member communities 6. Other Agenda Item 7. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township 4111 • Middle St. Croix Watershed Management Organization April 17, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:00P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Absent: Pat Tinucci,Afton; JoElla Givens, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD, Jeffrey T. Davis, SEH, Eric Johnson,New City Administrator Oak Park Heights; Paul Hegre, SEH, Mitch Johnson, EOR. 2. Approval of Minutes Manager Beaudet made a motion to approve the amended May 13, 2003 minutes, seconded by Manager Jansen. Vote: 8/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $70,957.00. b) Approve payment of bills The one outstanding bill was from Eckberg, Lammers, Briggs, Wolff& Vierling for$75.00 for the Joint Powers Agreement. Manager Beaudet made a motion to approve the Treasurer's Report and pay this bill, seconded by Manager Nelson. Vote: 8/0 c) Annual Fees from Municipalities Lakeland Shores, Afton and St. Mary's Point have not paid their assessments. The second half of the assessments are due July 15, 2003. 4. Old Business a) Perro Creek/Prison Pond Outlet Project-Update Manager McPherson suggested Manager Beaudet explain to the MSCWMO the Oak Park Heights (OPH) decision on this project. OPH Draft Minutes for the MSCWMO,April 17,2003 Page 1 of 4 • decided late last year that they would not accept any raising of the water level of Prison Pond. They voted to recommend lowering the structure and pipes to prevent this. A letter was sent to the City of Bayport and the MSCWMO stating this decision. Jeff Davis, SEH presented the bid information for the project. Option 1 - $696,000 to $985,000 Option 2 - $722,000 to $1,011,000. Lowest bidder was Lametti & Sons. These bids include engineering and some contingency funds. The prison has asked to use any funds left over for holding ponds and storm sewer. Manager Beaudet will meet with the prison staff but no decision will be made until the project is finished and final costs are known. SEH will report to Bob Fossum on monthly progress of the project. Ed Cain stated there is $50,000 in the budget for maintenance over first two year period. After that, the project will be turned over to the prison. Jeff Davis stated SEH will be monitoring the project for two years. Manager Hanson made a motion to proceed with Option 2, seconded by Manager Gilles. Vote: 8/0 A question was raised as to ownership of the easement for this project. After some discussion it was decided that either OPH or the prison should hold title to the easement. b) Update from Ed Cain on the Legislature March 20th Manager Beaudet and Ed Cain met with the Legislative Committee to present and testify for the Phase III funds. This committee recommended Phase III funds be included in a bill for all bills vetoed last session. The Senate also has a Finance Committee bill including this project. If the bill is passed money could be available by August, 2003. c) McKean Square-Update Bob Fossum has written a letter to the developer commenting on erosion and sediment. The developer is converting two ponds into sediment basins during construction to keep sediments out of the wetlands. Draft Minutes for the MSCWMO,April 17,2003 Page 2 of 4 • • 5. New Business a) Oak Park Square—Update Mitch Johnson reported the property has changed hands and the new developer is Homes For Me. The developer has received preliminary plat approval from OPH. Mitch will be applying for drainage permits from MnDOT and OPH. b) Oak Green Village—Update This project was presented to the MSCWMO by Todd Erickson several meetings ago. The project has changed and new drawings will be presented in the near future. Manager Jansen made a motion to reject this plan unless a request for extension is received from the developer, seconded by Manager Hansen. Vote: 8/0 The developer can come back with his new designs for approval. c) Watershed Management Plan—Update Bob Fossum suggested meeting with the municipalities involved with the MSCWMO to explain what is being included in the Watershed Plan. This would fulfill the public involvement requirement. Then, when the Plan is completed and rules established there would be no surprises. Manager Beaudet made a motion to have a community meeting with City Administrators and Planning Commissions invited to attend, May 29, 7:00 at the Baytown Community Center, seconded by Manager Kamps. Vote: 8/0. d) MSCWMO Office and Point of Contact Change Notification Bob Fossum will notify the DNR of the change in address. e) Meeting Notification Policy Bob Fossum suggested that because the MSCWMO is a public meeting it should be noticed to the public. He will talk to the Stillwater Gazette about including the MSCWMO in their public meeting notices. 6. Other Agenda Items Manager Jansen asked if the MSCWMO should have an attorney available to answer questions. Bob Fossum will ask the League of Minnesota Cities what they suggest. Bob Fossum gave the MSCWMO general information on the following: St. Croix United Methodist Church is planning an expansion and building an assisted care senior citizen building. Draft Minutes for the MSCWMO,April 17,2003 Page 3 of 4 • • The mining permit for Miller Excavating has been renewed by Washington County. The DNR has given dredging permits to Sunnyside, Allen S. King Plant and James Furseth. 7. Establish the next MSCWMO meeting date,time & location Manager Hanson made a motion to have the next meeting on May 8 at the WCD at 7:00, seconded by Manager Beaudet. Vote: 8/0 8. Adjourn Manager Hansen made a motion to adjourn, seconded by ManagerBeaudet. Vote: 8/0 Meeting adjourned at 8:55P.M. Respectfully Submitted, Dawn Hilde Draft Minutes for the MSCWMO,April 17,2003 Page 4 of 4 r Middle St. Croix Watershed Management Organization March 13, 2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:02P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; JoElla Givens, Lakeland Shores. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum,WCD, Jeffrey T. Davis, SEH, Phil Belfiori, BWSR. 2. Approval of Minutes Manager Hansen made a motion to approve the February 13, 2003 minutes., seconded by Manager Gilles. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $62,339.62. Lakeland paid their entire 2003 assessment of$6,961.50, which was not included in the present bank balance. b) Approve payment of bills The outstanding bills were WCD $341.95, League of Minnesota Cities $2,049.00 and$540.00. Manager Beaudet made a motion to pay these bills, seconded by Manager Jansen. Vote: 7/0 c) Annual Fees from Municipalities Lakeland Shores and Afton have not paid. 4. Old Business a) Cost Phase II Storm water Project The initial bids in 2001 ranged from $322,000 to $370,000. The current estimate is $625,000. Adding additional riprap at the St. Croix River will increase cost to approximately$700,000. March 19 has been set for Minutes for the MSCWMO,March 13,2003 Page 1 of 4 • prebid meeting. The remaining funds for construction as of July 26, 2002 are 1.1 million. Manager Beaudet expressed concern that the structure should be lower and the pipe be lowered. Manager Beaudet would like the structure to be lowered at least three feet. After much discussion, Manager Beaudet made a motion to reduce invert from 739 to 736 and engineer to redesign to ensure 7.5 cu. ft/sec. flow, seconded by Manager Jansen. Vote: 7/0 Jeff Davis, the engineer, suggested submitting two bid forms with Option 1 and Option 2. Manager Beaudet stated that bidding could go ahead and the changes handled in an addendum. Manager Beaudet made a motion to be the contact person to the City of Bayport, extend the bid time, addendum as an alternative and MSCWMO first approval, City of Bayport to execute the contract, seconded by Manager Nelson. Vote: 7/0 Manager Nelson asked what kind of turn around time to do the re- engineering? Jeff Davis stated the changes could be made by first week of April. Bid period is three weeks. b) Watershed Management Plan—Update Bob Fossum introduced Phil Belfiori from BWSR. Phil explained some of the features a good Second Generation Plan must include. An approved Plan is necessary in order to be able to spend money. Any regulations the WMO desires must be in the Plan. The Plan must be implementable and effective. You will need a mechanism to collect information. He suggested a kick-off meeting with technical and agency partners. This could be part of the education process, which is favored by BWSR. The WMO must have a defined plan with two or three items to be addressed. The WMO should define how to address these issues, set measurable goals and an implementation plan such as how to finance the projects. Phil Belfiori offered to help facilitate the kick-off meeting. Manager Beaudet asked Phil if BWSR would support WMO's becoming an independent taxing authority? Phil replied that BWSR is in full support. Manager Beaudet stated that the MSCWMO would not mind educating the public if they are interested. Phil asked how the MSCWMO would feel about inviting people to their kick-off meeting that they knew would be critical to any projects. Minutes for the MSCWMO,March 13,2003 Page 2 of 4 Manager Beaudet suggested trying to work with Marine and Lower St. Croix to design plans. Manager Gibbons suggested starting with the people within the WMO first. Phil suggested working with local Planning Commissions. Manager Beaudet asked Bob Fossum to copy the Water Governance Study Revised Implementation Plan and include it in the next MSCWMO packet. c) Development Review Costs—Update Fees & Sureties The suggestion was made to save this issue for the Joint Powers Agreement. Enforcement of permit violations is handled by individual cities building inspectors. The fee structure should include WMO expenses for development reviews. Approvals and fees should be tied into the Joint Powers Agreement. 5. New Business a) Bayport West—Update No update. b) McKean Square—Update Bob Fossum did review this project and wrote a letter with his findings. Manager Beaudet made a motion to approve Bob Fossum's project review letter and approve sending it to the developer, seconded by Manager Hansen. Vote: 7/0. c) Oakgreen Village—Bob Fossum Bob Fossum reviewed the proposed drainage divide. This project is still in the concept stage. d) MSCWMO Office and Point of Contact. Manager Beaudet made a motion to enter into a contract with WCD for an office and telephone service at no more than $1,368.00/year, renewable on an annualized basis and terminate with 90 days notice, seconded by Manager Hansen. Vote: 5/2 Manager Beaudet made a motion for Bob Fossum to send the County Board Chairman a letter with the contact point and telephone number for the MSCWMO, seconded by Manager Jansen. Vote: 7/0 e) 2003 Water Monitoring Contract Bob Fossum showed some of the results from 2002 water monitoring data. This data was collected from Lake McKusick and Perro Creek. Manager Minutes for the MSCWMO,March 13,2003 Page 3 of 4 110 • Beaudet made a motion to approve a water-monitoring contract for 2003 in the amount of$2,300.00, seconded by Manager Hansen. Vote: 7/0 f) Croixdale Senior Housing—Jeff Davis, SEH Croixdale Senior Housing wants to make some site improvements. Jyneen Thatcher reviewed the site for jurisdictional wetlands. There were none. After looking at several options, the least expensive one would be to connect to the Phase I storm sewer. Jeff has discussed this with the Corrections Facility and the Mayor of Bayport. They do not see any problems. City of Bayport is willing to take over maintenance of this system. Manager Beaudet asked how many cu. ft/sec. would be discharged into the pipe? The flow will be 35 cu. ft./sec. The capacity will not change from 83cfs. Manager Beaudet stated if water backs up it would flood the ponds. Manager Beaudet made a motion to agree in principal with this project and the MSCWMO would like to look at the final plans, seconded by Manager Hansen. Vote: 7/0 6. Other Agenda Items None. 7. Establish the next MSCWMO meeting date,time & location Manager Hansen made a motion to set the next MSCWMO meeting date at April 17, seconded by Manager Jansen. Vote: 7/0 8. Adjourn Manager Hansen made a motion to adjourn, seconded by Manager Jansen. Vote: 7/0 Meeting adjourned at 9:45P.M. Respectfully Submitted, Dawn Hilde Minutes for the MSCWMO,March 13,2003 Page 4 of 4 • MSCWMO Meeting Schedule-2003 2nd Thursday of the month at 7pm at Washington Conservation District, 1380 W. Frontage Road, Hwy 36, Stillwater, MN 55082 January 9, 2003 February 13, 2003 March 13, 2003 April 17, 2003 May 8, 2003 June 12, 2003 July 10, 2003 August 14, 2003 September 11, 2003 October 9, 2003 November 13, 2003 December a:4 2003 It • • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 , i as i„, , 1111 Stillwater, MN 55082 1.: ° A Joint Powers Watershed Management Organization composed of ten St. Croix Valleylk Communities that was established under State Statue 103B to cooperatively manage water resources within the watershed. ,, April 25, 2003 Erik Johnson, Administrator City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 RE: New Office and Point of Contact for MSCWMO Dear Mr. Johnson: The Middle St. Croix Watershed Management Organization is pleased to announce the location and point of contact for the Organization. Effective March 19, 2003, the official office for the MSCWMO will be: MSCWMO 1836 West Frontage Road, Hwy 36 Stillwater, MN 55082 651-275-1136 ext. 21 This office will be co-located with the Washington Conservation District (WCD). WCD will also provide administrative services. The official point of contact will be: Bob Fossum, Water Resource Planner. He can be contacted at the number above. Monthly MSCWMO meeting will be held at the official office at 7pm the 2nd Thursday of each month. Sincerely, n� i7,), s ,•A. /1'] ` ] L�12-L- 7 j L-/j John McPherson, MSCWMO Chair ct: Mayor'David"Beaudet, MSCWMO Representative, Oak Park eights Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township \") 'I\ r r \ i l1-7 f_ 1 1 \\ J �L rm `meq® •t® ®® yr ® ® �—_ e. 4 • • k...., - • � \\ r • 3 ®s 17/>''' '1P Ve d \ : S • ®. � ) l e • , -- \ A . ":4#04 '2)!. J •,17.0 P \ :la* 1 vs, 0 — ' ' ' ' - 1 • J. . . I -- 0 _ ® a ea® e a J •, • 4 � � ,.•",..� . , , ,,4çBrs Cry . � linka -.. •• /fir ® 2 A - • `� p ilmigwr - i li 4,, .--/fte-ei j- , ,, ,.. .„ . L.._... _._.., 1 . ., Nun [..-: 1 / . o , ... is, -,, - • , ,,-, - • * 7,174 • i 0 e r •� / ae a I . �r 11 • - ® ® � � • ' jJ 7- eliiil? ' efliiiiit ° 0 • ,-: IFIFIRrillik , to . 0 ° friliLl ■■. 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Call to Order 2. pproval of Minutes Approval of March 13, 2003 Minutes 3. Treasurer's Report(Anders Hansen) a Report of Savings A::t Assets A� C f .,Approve payment of(.6 ,? Annual Fees from Municipalities 4. Old Business fC2V I ,"6 � z� Perro Creek/Prison Pond Outlet Project-Update 6,..10..)-'e u-J` /---- .7.------- b) McKean Square-Update V ,�` 5. ew Business 7 4{ Park Square `„"3 green Village ' G ,---,..___,..---- -4- Watershed Management Plan-Update 1 MSCWMO Office and Point of Contact Change Notification CO ) Dr eeting Notification Policy/ar) .' ________________—__. L ' i ,-,1------ 6. they Aga �'enda Items 7. Establish the next MSCWMO meeting date, time& location �y°� 8. Adjourn AV S / Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • Middle St. Croix Watershed Management Organization LETTER OF TRANSMITTAL DATE: April 10, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: April 17, 2003 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda—April 17, 2003 MSCWMO meeting Minutes—Draft minutes for March 13th,2003 Board meeting and approved minutes for the 2 February 13th, 2003 Board meeting 4b McKean Square Erosion and Sediment Control Review and Comment Letter Informational Washington County Water Governance Study Revised Implementation Plan Item Informational Letter to Washington County Board Chairman, RE: New Office and Point of Contact Item MSCWMO Board Members: This packet includes two items that don't appear on the agenda for the April 17, 2003 meeting and are for information only. If any other items need to be added to the agenda or you have any questions please call me at 651-275-1136 ext 21. Bob Fossum Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Regular Meeting Agenda Middle St. Croix Watershed Management Organization April 17,2003 Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington County License Center) 7:00 PM- Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes a) Approval of March 13, 2003 Minutes 3. Treasurer's Report(Anders Hansen) a) Report of Savings Account Assets b) Approve payment of bills c) Annual Fees from Municipalities 4. Old Business a) Perro Creek/Prison Pond Outlet Project—Update b) McKean Square—Update 5. New Business a) Oak Park Square b) Oakgreen Village c) Watershed Management Plan—Update d) MSCWMO Office and Point of Contact Change Notification e) Meeting Notification Policy 6. Other Agenda Items 7. Establish the next MSCWMO meeting date, time& location 8. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • i MIDDLE ST. CROIX RIVER WATERSHED A, MANAGEMENT ORGANIZATION i • . ,.._ ,,,,L, ,';',': 10_ ,,,-, 1380 West Frontage Road, Hwy 36 ,4. Stillwater, MN 55082 D A Joint Powers Watershed Management Organization composed of ten St. Croix Valley 7 Communities that was established under State Statue 103E to cooperatively manage water �" ,; K. resources within the watershed. ' April 7, 2003 Mr. Dennis C. Hegberg, Chairman, Washington County Board of Commissioners Washington County Government Center 14949 - 62nd Street North, P.O. Box 6 Stillwater, MN 55082-2007 RE: New Office and Point of Contact for MSCWMO Dear Chairman Hegberg: The Middle St. Croix Watershed Management Organization is pleased to announce the location and point of contact for the Organization. Effective March 19, 2003, the official office for the MSCWMO will be: MSCWMO 1836 West Frontage Road, Hwy 36 Stillwater, MN 55082 651-275-1136 ext. 21 This office will be co-located with the Washington Conservation District (WCD). WCD will also provide administrative services. The official point of contact will be: Bob Fossum, Water Resource Planner. He can be contacted at the number above. Sincerely, 1 / 7)/c elere John McPherson, MSCWMO Chair cc: Jim Schug, Washington County Administrator Jane Harper, Principal Planner, Washington County Debbie Anderson, Board of Soil and Water Resources Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Acton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 4,111 Stillwater, MN 55082 D A Joint Powers Watershed Management Organization composed of ten St. Croix Valley MIPX Communities that was established under State Statue 103B to cooperatively manage water ¢ . resources within the watershed. J April 10, 2003 Ms. Judy Hoist, Acting Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082-2007 RE: McKean Square—Boutwells Landing Phase II—City of Oak Park Heights Dear Ms. Hoist: Previously, our office has received and reviewed the drainage report and construction plans dated January 24, 2003 for the proposed McKean Square—Boutwells Landing Phase II project site, located in Section 5, Town 29 North, Range 20 West, City of Oak Park Heights. This review, based on plans submitted dated March 24, 2003, will be for the erosion control and site stabilization plan. Middle St. Croix Watershed Management Organization offers the follows comments. Erosion and Sediment Control Large portions of the site will be disturbed during the project and will require timely and effective erosion and sediment control. We would emphasis the need for all temporary erosion control measures to be in place before grading of the site begins. Additionally, the wooded area immediately north of Pond 6 except for the pedestrian trail should be identified as an area outside the limits of grading. This should be noted on Sheet C3.0 as an area of no disturbance. Ponds 2 and Ponds 4 should be converted to temporary sediment basins to provide protection for Wetland 1 during construction. This could be accomplished by placing a plate over the 8" orifice at the outlet structure. The plate should have a 2"-3" orifice thereby reducing lower flows but not inhibiting peak flows into the top of the structure. The invert of the reduced (2"-3") orifice should be at the invert of the existing 8" orifice. This plate and all sediment in the pond should be removed once the City Engineer has determined that the site is stabilized. Tree Preservation and Protection We would also ask that as many trees as possible be preserved and protection of the tree, as well as, the root zone be provided for. Silt fence should be placed around all trees that are to be preserved to delineate a no- grading boundary. Where possible, the silt fence should be placed at the drip line of each tree to protect the root zone from grading and/or filling that could damage or kill the tree. Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • If you have any questions, please feel free to call me at 275-1136 ext. 21. Sincerely, Bob Fossum Water Resource Planner cc: David Beaudet, Middle St. Croix Watershed Management Organization, Oak Park Heights Todd Erickson, Folz, Freeman, Erickson, Inc., 5620 Memorial Avenue North, Stillwater, MN 55082 Middle St.Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township . 0 , , . ' 1 ; I m - - > - > \— w 13 . o R_; R 2 2 / / 1 - 7 , /III U k CD m I . O. i , % E E \ \ `fmI \ \ � / o .= g II w C Liii 7 ƒIII'I 2co § o-- / II0 ;� III?IIIIIIIIIIIIII � ��1111111 �E;i! g X II! co 7 -CO 6 o E o k 0 co 1111111111111; 'N— § 50 Xi I Eif, < �_ 2 7 d V 3 , # w a W $ 8 o o 0 0 0 o 8 0 0 0 0 0 �. D. COCO k co o 0 g%).40 D § D co CD $ 2 3 0 ■ co m 0 II ƒ 0 / 0. m § k C) K r a < 111111111111111 ƒ gym . :11111 770k kk E ƒ \ a 13 co E ° \ ; a $ 1111111111111 lI R 77E§ 7Cr IIIII @ - k P.§ • • Middle St. Croix Watershed Management Organization March 13, 2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:02P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; David Beaudet, Oak Park Heights; JoElla Gibbons, Lakeland Shores. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Robert Kamps, Bayport Others in Attendance: Dawn Hilde, Recording Secretary, Bob Fossum, WCD, Jeffrey T. Davis, SEH, Phil Belfiori, BWSR. 2. Approval of Minutes Manager Hansen made a motion to approve the February 13, 2003 minutes., seconded by Manager Gilles. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance is $62,339.62. Lakeland paid their entire 2003 assessment of$6,961.50, which was not included in the present bank balance. b) Approve payment of bills The outstanding bills were WCD $341.95, League of Minnesota Cities $2,049.00 and $540.00. Manager Beaudet made a motion to pay these bills, seconded by Manager Jansen. Vote: 7/0 c) Annual Fees from Municipalities Lakeland Shores and Afton have not paid. 4. Old Business a) Cost Phase II Storm water Project The initial bids in 2001 ranged from $322,000 to $370,000. The current estimate is $625,000. Adding additional riprap at the St. Croix River will increase cost to approximately$700,000. March 19 has been set for Draft Minutes for the MSCWMO,March 13,2003 Page 1 of 4 • • t prebid meeting. The remaining funds for construction as of July 26, 2002 are 1.1 million. Manager Beaudet expressed concern that the structure should be lower and the pipe be lowered. Manager Beaudet would like the structure to be lowered at least three feet. After much discussion, Manager Beaudet made a motion to reduce invert from 739 to 736 and engineer to redesign to ensure 7.5 cu. ft/sec. flow, seconded by Manager Jansen. Vote: 7/0 Jeff Davis,the engineer, suggested submitting two bid forms with Option 1 and Option 2. Manager Beaudet stated that bidding could go ahead and the changes handled in an addendum. Manager Beaudet made a motion to be the contact person to the City of Bayport, extend the bid time, addendum as an alternative and MSCWMO first approval, City of Bayport to execute the contract, seconded by Manager Nelson. Vote: 7/0 Manager Nelson asked what kind of turn around time to do the re- engineering? Jeff Davis stated the changes could be made by first week of April. Bid period is three weeks. b) Watershed Management Plan—Update Bob Fossum introduced Phil Belfiori from BWSR. Phil explained some of the features a good Second Generation Plan must include. An approved Plan is necessary in order to be able to spend money. Any regulations the WMO desires must be in the Plan. The Plan must be implementable and effective. You will need a mechanism to collect information. He suggested a kick-off meeting with technical and agency partners. This could be part of the education process,which is favored by BWSR. The WMO must have a defined plan with two or three items to be addressed. The WMO should define how to address these issues, set measurable goals and an implementation plan such as how to finance the projects. Phil Belfiori offered to help facilitate the kick-off meeting. Manager Beaudet asked Phil if BWSR would support WMO's becoming an independent taxing authority? Phil replied that BWSR is in full support. Manager Beaudet stated that the MSCWMO would not mind educating the public if they are interested. Phil asked how the MSCWMO would feel about inviting people to their kick-off meeting that they knew would be critical to any projects. Draft Minutes for the MSCWMO,March 13,2003 Page 2 of 4 • • Manager Beaudet suggested trying to work with Marine and Lower St. Croix to design plans. Manager Gibbons suggested starting with the people within the WMO first. Phil suggested working with local Planning Commissions. Manager Beaudet asked Bob Fossum to copy the Water Governance Study Revised Implementation Plan and include it in the next MSCWMO packet. c) Development Review Costs—Update Fees & Sureties The suggestion was made to save this issue for the Joint Powers Agreement. Enforcement of permit violations is handled by individual cities building inspectors. The fee structure should include WMO expenses for development reviews. Approvals and fees should be tied into the Joint Powers Agreement. 5. New Business a) Bayport West—Update No update. b) McKean Square—Update Bob Fossum did review this project and wrote a letter with his findings. Manager Beaudet made a motion to approve Bob Fossum's project review letter and approve sending it to the developer, seconded by Manager Hansen. Vote: 7/0. c) Oakgreen Village—Bob Fossum Bob Fossum reviewed the proposed drainage divide. This project is still in the concept stage. d) MSCWMO Office and Point of Contact. Manager Beaudet made a motion to enter into a contract with WCD for an office and telephone service at no more than $1,368.00/year,renewable on an annualized basis and terminate with 90 days notice, seconded by Manager Hansen. Vote: 5/2 Manager Beaudet made a motion for Bob Fossum to send the County Board Chairman a letter with the contact point and telephone number for the MSCWMO, seconded by Manager Jansen. Vote: 7/0 e) 2003 Water Monitoring Contract Bob Fossum showed some of the results from 2002 water monitoring data. This data was collected from Lake McKusick and Perro Creek. Manager Draft Minutes for the MSCWMO,March 13,2003 Page 3 of 4 • • Beaudet made a motion to approve a water-monitoring contract for 2003 in the amount of$2,300.00, seconded by Manager Hansen. Vote: 7/0 f) Croixdale Senior Housing—Jeff Davis, SEH Croixdale Senior Housing wants to make some site improvements. Jyneen Thatcher reviewed the site for jurisdictional wetlands. There were none. After looking at several options, the least expensive one would be to connect to the Phase I storm sewer. Jeff has discussed this with the Corrections Facility and the Mayor of Bayport. They do not see any problems. City of Bayport is willing to take over maintenance of this system. Manager Beaudet asked how many cu. ft/sec. would be discharged into the pipe? The flow will be 35 cu. ft./sec. The capacity will not change from 83cfs. Manager Beaudet stated if water backs up it would flood the ponds. Manager Beaudet made a motion to agree in principal with this project and the MSCWMO would like to look at the final plans, seconded by Manager Hansen. Vote: 7/0 6. Other Agenda Items None. 7. Establish the next MSCWMO meeting date,time & location Manager Hansen made a motion to set the next MSCWMO meeting date at April 17, seconded by Manager Jansen. Vote: 7/0 8. Adjourn Manager Hansen made a motion to adjourn, seconded by Manager Jansen. Vote: 7/0 Meeting adjourned at 9:45P.M. Respectfully Submitted, Dawn Hilde Draft Minutes for the MSCWMO,March 13,2003 Page 4 of 4 • • Middle St. Croix Watershed Management Organization February 13, 2003 WCD Offices APPROVED 1. Call to Order Meeting called to order at 7:03P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; Les Abrahamson, alternate for David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Pat Tinucci,Afton; Judy Bellairs, St. Mary's Point; Representative, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Todd Erickson, Foltz, Freeman and Erickson, Bob Fossum, WCD, Ed Cain, Lobbyist. 2. Approval of Minutes Manager Anders made a motion to approve the January 9, 2003 amended minutes, seconded by Manager Gilles. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance as of February 1 was $35,864.21. Baytown paid their assessment for$3,565.66. The present balance is $39,429.87. b) Approve payment of bills Bills in the amount of$267.44 from the WCD were presented for payment. Manager Gilles made a motion to pay these bills, seconded by Manager Jansen. Vote: 7/0 c) Annual Fees from Municipalities Oak Park Heights, Lake St. Croix Beach and West Lakeland have voted to pay their MSCWMO assessments. Bayport will be voting on their assessment payment at the next meeting. Anders Hansen asked each manager to remind his or her councils that the additional assessment is not for lobbying,but for completing a Second Generation Plan. Approved Minutes for the MSCWMO,February 13,2003 Page 1 of 3 • • 4. Old Business a) Watershed Management Plan—Update Bob Fossum stated there are seven criteria to be met to remain viable as a Water Management Organization. The Watershed Management Plan is the main focus. Manager Jansen stated if the WMO does not maintain, and continue working on a Plan, the county would dissolve us. The levy was increased to cover costs of the Second Generation Plan and will go down in 2004. Manager Jansen stated the concept of the WMO is and always has been to do what needs to be done. Bob Fossum met with Phil Belfiori, BWSR, to get some ideas on how to proceed. Mr. Belfiori suggested the WMO focus on how the Plan is going to be used. • What does the WMO want to work on? • Try to select a few things important to the WMO and do them well. • What resources need to be protected? Bob suggested a workshop before the next meeting to identify issues. John McPherson asked Bob what he had in mind? Bob responded he felt the most important issues are education, storm water, erosion and sediment. Bob would like to include Phil Belfiori in this workshop. The meeting was set for February 24 from 3:00-5:OOP.M. Bob will send out an agenda. b) Routson Motors—Update No response. 5. New Business a) Bayport West—Environmental Assessment Worksheet—Update Nothing new. b) McKean Square—Update Todd Erickson from Folz, Freeman and Erickson, attended the meeting to explain the preliminary plans for this development. The developers are working with the City of Oak Park Heights for the city's permits. Brown's Creek Watershed District has given their approval if the city approves. Manager McPherson asked Bob Fossum to review these plans and present his findings at the next meeting. Oakgreen Village—Todd Erickson Their development plans include ponding to keep the storm water within Oak Park Heights and Middle St. Croix Watershed District. They are planning on meeting the City of Oak Park Heights' requirements for rates. Approved Minutes for the MSCWMO,February 13,2003 Page 2 of 3 • • c) 2003 Administrative Services Contract—Bob Fossum The rates are higher for 2003 including review fees. Bob Fossum asked the Middle St. Croix Watershed District to approve this contract with the WCD for Administrative Services. Manager Jansen made a motion to approve the WCD contract for Administrative Services for 2003, seconded by Anders Hansen. Vote: 7/0 6. Other Agenda Items a) Ed Cain,Lobbyist for the MSCWMO—Update Senator Langseth has introduced a bill that includes all projects vetoed by the Governor last year. Mr. Cain was not convinced that this bill would pass. Mr. Cain has had a separate bill introduced. This bill is assigned to Commerce, Jobs & Economic Finance Committee. In the Senate the Finance Committee will address this. Mr. Cain felt there would be several hearings before bonding. He is very optimistic. Manager Beaudet will attend as many hearings with Mr. Cain as possible. Last year the MSCWMO contacted the Corps of Engineers to help study flooding problems along the river. The Corps has been directed to do the study. The cost will be approximately$300,000 and will come out of the Corps of Engineers budget. The study will include flooding, environ- mental restoration, water quality and developing a comprehensive watershed management plan. Mr. Cain will ask the Corps to contact Bob Fossum. b) Fourth Annual St. Croix Basin Water Resources Conference— Manager Jansen This conference will be held Thursday, February 20,2003 at Trollhagen, Dresser, Wisconsin. 7. Establish the next MSCWMO meeting date, time& location The next meeting will be March 13th at the WCD offices, 7:00P.M. 8. Adjourn Manager Hansen made a motion to adjourn, seconded by Alternate Manager Abrahamson. Vote: 7/0 Meeting adjourned at 8:12P.M. Respectfully Submitted, Dawn Hilde Approved Minutes for the MSCWMO,February 13,2003 Page 3 of 3 v-u— 144 L.. 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.2000 651.490.2150 FAX architecture • engineering • environmental • transportation Meeting Agenda RE: State of Minnesota Storm Sewer Project- Date of Meeting: February 26, 2003 Phase II City of Bayport Project Manager: Jeff Davis Time of Meeting: 1:00 p.m. SEH St.Paul Office SEH No.: A-MSCWM0301.00 Location of Meeting: City of Bayport-City Hall Invitees Wendi Lindquist, City of Bayport Mel Horak, City of Bayport X d Darrell Knutson,Allen King Plant CG� 1 v Doug Green,Minnesota Correctional Facility Chris Manthey,Washington County Public Works �Q V k Joe Lux,Washington County Permits Scot Gresback, Qwest Communication Conrad Miler,Excel Energy 141-ft" Jay Johnson, City of Oak Park Heights Dave Baudett,Mayor of City of Oak Park Heights Molly Shodeen, Department of Natural Resources .)5'( 4.4411/17'1 7 Paul Hegre, SEH Allyz Kramer, SEH roAri e t e f ' P Tiffany Dagon, SEH +f o.,,.%,)p j ' S O The following items to be discussed at the above referenced meeting: ti 13 c FS I. Introductions L q r/ <<K e,r t{ to; P S a.Oar II. Project Overview-four areas-General Graphic 17 c Fg-- III. Primary work consists of storm sewer-Plan and Profile Graphic,realigned to go south of the NSP Pond IV. Area 1 -MH 16 to CR 21, Open Cut or Jack across CR 21,CR 21 to Wetland A. Deep pipe along north side of MCF-MH 16 to CR 21 B. Jacking$220,000-30 days C. Open Cut$100,000-8 days D. Open Cut-Temp move of perimeter fence MCF-See graphic E. Reconstruct utilities across CR 21 F. Water main by-pass - See graphic - Need to verify location of gate valves and addresses for notification re:time for shut down of system G. Sanitary service-preferred method by OPH PW H. Eight calendar days to cross CR 21 and have the utilities operational I. Public Utilities 1. OH power 2. Gas 3. Others? f Short Elliott Hendrickson Inc. • Your Trusted Resource • Equal Opportunity Employer 410 • Meeting Agenda February 26, 2003 Page 2 J. Traffic Control — Road Closure 30 days, also accommodates work at existing outlet further south on Perro Creek. K. City attorney working on easements L. Access road M. Control Structure N. Outlet structure—Winter operations -Top of ice 745 plus/minus top of water elevation 743 plus/minus O. With funding for Phase 3—develop operation guidelines and 2 years of system monitoring. P. Water surface in pond lowered to 743 during construction Q. Any special requirements while working near MCF? R. Re-establish drainage along CR 21 S. Other concerns V. Area 3 A. Plugging pipes—2 to 3 foot plug B. Wash Co.—contractor will locate pipes across CR 21 by electronic means C. Installing work platform for Bayport Public Works D. Area 1 system must be functional prior to eliminating flow at Area 3 outlet E. Traffic control required F. Other concerns VI. Area 2 A. Plug pipes with sand and concrete grout B. Storm sewer just of King Plant drive— C. Traffic control required D. Other concerns VII. 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H.F. 262 (Lipman)Bayport sewer system project funding provided,bonds yiss ed, and money appropriated. Hcleanup grant funds provided,and money appropriated. J.F. 702 (Hausman) St.Paul Raspberry Island and Upper Landing improvements funding provided,bonds issued, and money.appropriated. V. Adjournment. Next meeting: Tuesday;March 25, 2003 �j`� 4 h//aT V Nii 01/29/03 • [REVISOR ] RJS/MH •1224 This Document can be made available in alternative formats upon request. State of Minnesota HOUSE OF REPRESENTATIVES EIGHTY THIRD SESSION HOUSE FILE No. 262 February 3,2003 Authored by Lipman The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance 1 A bill for an act 2 relating to capital improvements; authorizing the 3 issuance of state bonds; appropriating money to the 4 city of Bayport to complete a sewer system project. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 6 Section 1. [APPROPRIATION. ] 7 $1,550,000 is appropriated from the bond proceeds fund to 8 the city of Bayport for the Middle St. Croix River Watershed 9 Management Organization to complete the sewer system extending 10 from Minnesota department of natural resources pond 82-310P (the 11 prison pond) in Bayport through the Stillwater prison grounds to 12 the St. Croix River. 13 Sec. 2. [BOND SALE. ] 14 To provide the money appropriated in this act from the bond 15 proceeds fund, the commissioner of finance shall sell and issue 16 bonds of the state in an amount up to $1,550,000 in the manner, 17 upon the terms, and with the effect prescribed by Minnesota 18 Statutes, sections 16A.631 to 16A.675, and by the Minnesota 19 Constitution, article XI, sections 4 to 7. AA A.. 7 f L+L+nc+nmTc�Z+ nrmL% • • Middle St. Croix Watershed Management Organization LETTER OF TRANSMITTAL DATE: March 6, 2003 TO: Middle St. Croix River Watershed Management Organization FROM: Bob Fossum RE: March 13, 2002 Meeting Packet WE ARE SENDING: Via Mail: X Courier: Fax: Agenda Item DESCRIPTION 1 Agenda-March 13, 2003 MSCWMO meeting 2 Minutes—Draft minutes for February 13`h,2003 Board meeting and approved minutes for the January 9th, 2003 Board meeting 4b Washington County Water Consortium Summary of Rules Review 5d Letter from WCD regarding office space 5e Draft 2003 Water Monitoring Contract MSCWMO Board Members: Because I am waiting for additional plans to be supplied to me I have not yet completed some of the reviews you requested. I will provide an update on the reviews at the March 13, 2003 meeting. Please call me if you have any questions at 651-275-1136 ext 21. Bob Fossum • Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • r y Secchi(ft) 11,7 Total Phosphorus(mg/L) o m co ., rn 01 A W N — 0 A 0 •0 0 0 0 0 c O _ ! gam.. A „i,,,f.;;::::::;,,,;::-, :::17:0:1,;71::T, ;;;;;,,t',,i, .,c,-, .! :. r'n • / „N ".:,1::,17:::::;,,,'-c7IL.,,,,,, ,`,',;,'•k, • t 5 kt M .. :j tN ''.,,. w % 'k y ,',,,,,,i4 y: co Ot se 1 '-`,fit' ,e'..--;1 .:4,:fN d r :'',''','`:lliee..1,rit .."1;l ..,: .�itt.i,'T.:,? .ate O i max. t''•, ... n, '� Nf<t . ,' .,s G " - X sO C k4 .,dN Lxss _ CA AO Total Kjeldahl Nitrogen(mg/L) Chlorophyll-a (ug/L) r- 0 0 0 0 0 —+ —► N co p al 01 V CD f0 O O IV .A aD O IV A 0 0 0 0 0 0 0 0 0 0 0 41. NI cw t >3tz::�a f,-)'�."'*'S G' ``'j ins'•. T ^'s 04- ti q,`,k y5' ti' s{:, Z ^ , ;^;,,�,'' <'X,; 0,. >>•£" co • ,f ,:M 'P'�Ft'"f .,i, ' y,” % ., Mrd• Al... tri C� O '`s.,�� ��„Y2 �� �'3';: .:wL se k,'. '4,1::, :'111".:',"414.,'•A , £ .a "td .,« iii = L'^ :,', 'Of.;;. .,te,'."; LR' jam"�. ;� t ,, ix it, b, :si` spx`. yN44:,,,,,..:4•;44‘,:` ?° .^' 3 ;�; } O O • • � co O ' seme 'AElevation(ft) rn Orn4' rn NACil OO N OwcEevation(ftOO a) 1O ry m� i !•..7.2i, OD O m ,� ci, O) O ! ti.ici, V . 0 gy % a x .6 OO aeO .` ,tN 3 N :�'', �z too41, E ry Z�z fln1. ry 3to, 0 �am 4r/F " <N .4,„,i,444,47-44, �s , e "7t3 3 ON yi /r4 0.x�r N '''C �i O a>y N N W r��-via brz�O y N.)O ONNON • • McKusick Lake 1994-2002 Secchi Transparencies 1994 1995 1996 1997 1998 1999 2000 2001 2002 0 „,z , is 3 1 ' Zkilogtai '41 r1-" z x r f v H: 1 x StOi1 i :4 ...,;:w44-4,hey' 4 q�� X41, SZ r i4'u / t g h y '� a `'7' 1 a 4 6CD /r A ar;. ' ani '" . r �' � ', , eg its 7 11 " k �, it xa / 1, , 8 rr , ,< y v,� !:41-4(;211:N.::::"''''''"''''''''' a�.�rJ/s" l' v N x`v f4 1994-2002 Total Phosphorus 0.12 W . '' �m m l ' mss "t x'<: `' h ft/�`!;:k :M x 0.1 y c' // y� `� �"rx,� �1 �r �c01.g t r911/e� :rss ' / 1l% "/ .d /%yam t '� 0.08 M 4�j � � a t y ii IS- 0.06 ,� / r, a 0.04 �^ ,� ,11 L �v - 0 tv�� f� lx �� '�� I �- cis � � r �,' F— 0.02 '� �g E r r 1994 1995 1996 1997 1998 1999 2000 2001 2002 1 6 199.-2 002 Total K eldahl Nitro•en E 12 ; �3 rn 1 0 x _o -r �/, Y i d . 'fit. Ii`rte fi 0.8 z tom �� x tf t-'0 a r�y `^�.< r '� 02F To v i� � � 4 0.0 ; 1994 1995 1996 1997 1998 1999 2000 2001 2002 • • w Elevation (ft) o 43. N w 43. o rn - 03 0 b 0 b 0 0 0 0 0 p y -tri w. ., yr>.,., < 1f riw. » yY b .,,o-'� •£ �p#¢. Sin�a �,.y�,qy ,3 4 . .?. ,, ,, „ 44.-...,: ,..: .t.*• ...... s. _.f.i.7 ,,,, .z., _ ., ..„. . ...t.., ,.4.., ,.:c.:4,,,.: -(-0-.. 4..: 0/... ... ., ,.:,..,_,..:_„, ,Iciu . ) . : 1.„441., 1:7- :1.,,, .. 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'?3,:• .4,,...+ k s.,•t.A4 " ; , 0 O W • Regular Meeting Agenda • Middle St. Croix Watershed Management Organization 0/4 i March 13, 2003 111V Washington Conservation District (Located in River Heights Plaza, Stillwater,next to the Washington Coun Lic- se Center) Pi1/41 7:00 PM-Regular Meeting Agenda tot/ d/ ij r / Call to Order4517 VCi.XtiVw o''' � ‘ 0 / Approval of Minutes vilu Approval of February13, 2003 Minutes A11 \Xr/::/ �ifill o v of Treasurer's Report(Anders Hansen) riv �� a R ort of Savin s Account Assets °IP � / of i � v / 1,) Approve payment of bills . ,i\i ° c /j/ d c) Annual Fees from Municipalities 1" c1 61 4. Old B siness t O Perro Creek/Prison Pond Outlet Project—Update c A, / atershed Management Plan-Update 4.00Ctf.,, �' cu"' Review Costs-Update I AO ,/,IN 5. New Business vi ` vi t;:14,5 ,___..-- 1 nn ( ' Bayport West-Update t N 1 ' Q b McKean Square-U date P4- 1CI , LøO l ' Oakgreen Village-- Update G. _ lid r MSCWMO Office and Point of Contact-, Z,0°---, _ 6/s' I .1{- e) 2003 Water Monitoring Contract SA- yold t- 6. Other Agenda Items 4 4 / 7. Establish the next MSCWMO meeting date,time & location 8. Adjourn , AWD Middle St. Croix Watershed Management Organization (1.d V MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • i134!) 0 W Frontage Road, Hwy 36Wash n gto Stillwater, Minnesota 55082 (651) 275-1136 (651)275-1254 Fax Conservation District Mr. John McPherson V.i\<( MSCWMO Chair, West Lakeland Township 23987 Stagecoach Trail N Stillwater, MN 55082 RE: Office Space at Washington Conservation District Office Dear Mr. McPherson and WMO Board: The Board of Supervisors of Washington Conservation District has granted approval to make space available to MSCWMO at our office. The space would be a cubicle with a desk,phdne, and telephone number. It would provide MSCWMO a mailing address and its own phone x number. The office would be 73 square feet and would be rented at an annual fee O 1/368) aloW ($18.75/square foot). tPD I would be happy to discuss any specific questions you might have about the establishment of a1--.' .�c1'./ formal office at the WCD or any general questions about the relationship between our b organization and MSCWMO. Please feel free to call me at 275-1136 ext. 20. ,�0 4 111' Sincerely, `l'' Ai Konrad Koosmann District Manager V Washington Conservation District ti% A Cc: Pat Tinuccii, Afton Jim Gilles, Lakeland David Beaudet, Oak Park Heights Ron Nelson, Stillwater John Jansen, Lake St. Croix Beach Judy Bellairs, St. Mary's Point Anders Hansen, Baytown Township iglp Bob Harvey, Lakeland Shores Bob Kamps, Bayport i R • I Contract Number: MSCWMO 03-03 CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE MIDDLE ST.CROIX WATERSHED MANAGEMENT ORGANIZATION FOR TECHNICAL ASSISTANCE 2003 Water Monitoring Program A. PARTIES This Agreement is made and entered into by Washington Conservation District,(WCD),and the Middle St.Croix Watershed Management Organization(WMO). B. PURPOSE WHEREAS, the WMO has requested assistance from the WCD to implement the policies specified in MINN. STAT. § 103A.206;and WHEREAS, the WCD is authorized to enter agreements to provide such assistance p ,; ant to MINN. STAT. § 103C.331, SUBD.3 and 7. NOW,THEREFORE,the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be•fro u '00 -m. ,2003 u terminated earlier as provided herein. IP D. SCOPE OF SERVICES The WCD will perform la a? ' iiir usick Lake. The lake shall be monitored 14 times, on a bi- weekly basis through theme. e ain accordance with the Met Council CAMP program. Monitoring shall consist of lake level ec, ` isk,total phosphorous, total Kjeldahl nitrogen and Chlorophyll-a. In addition a temperature and dissolve• profile will be taken during each round and the CAMP program data sheet will be completed and submitted a ong with all samples to the Metropolitan Council. Reporting will be in the form of the annual Met Council Lake Monitoring Report. In addition to water quality monitoring at McKusick Lake, a lake gage will be installed and readings will be made at Perro Pond 14 times throughout the season. Work for lake gage readings include installation,surveying the gage into a DNR benchmark,taking readings,removing the gage and storing the gage. E. COST In full consideration for services under this agreement,the WCD shall charge the WMO a lump sum fee for its services. The total dollar amount of the work for staff as described in item D above to be performed by the WCD shall not exceed$2,300. F. BILLING PAYMENTS 1. WCD will bill the WMO for staff services in two payments of$1,150. Invoices will be sent in May and August Invoices are payable by the WMO net 60 days. Page 1 IP • , G. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS During the performance of this Agreement,the WCD agrees to the following: M No person shall,on the grounds of race,color,religion,age,sex,disability,marital status,public assistance,criminal record, creed or national origin,be excluded from full employment rights in,be denied the benefits of,or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. If during the term of this Agreement, it is discovered the WCD is not in compliance with the applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then the CMWD through the office, may cancel said Agreement as provided by the cancellation clause of this Agreement. H. STANDARDS The WCD shall comply with all applicable Federal and State s ins as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of th- ' be_ • .r c lation of contract effective the date of receipt of the Notice of Cancellation. 00 I. DATA PRIVACY All data collected, create. 1 t . . disseminated, or used for any purpose in the course of the WCD's performance of the Agre-, `.v i by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01,et seq. Or any oth: able state statutes and state rules adopted to implement the Act,as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may be amended. J. AUDITS,REPORTS,AND MONITORING PROCEDURES The WCD will: 1. Maintain records which reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. Page 2 , 1 • K. INDEMNITY The Washington WCD and the CMWD mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages,liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in an - er as creating or establishing the relationship of co-partners between the parties hereto or as constituting the - lent,representative,or employee of CMWD the for any purpose or in any manner whatsoever. The . shall remain an independent contractor with respect to all services performed under this Agreem-• The WCD represents that it has, or wil is o ns personne r uired in performing services under this .11 Agreement. Any and all per . all o engaged the performance of any work or services required by the WCD un Iri . all •€ tual relationship with the CMWD and shall not be considered employees of T ka M. MODIFICATIONS Any material alteration or _ n shall be reduced to writing as an amendment and signed by the parties. Any alterations, modification, or variations deemed not to be material by agreement of the WCD and the CMWD shall not require written approval. N. MERGER It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. O. TERMINATION Either the WCD or the CMWD may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the CMWD terminates this Agreement, it shall pay to the WCD for services performed by the WCD up to the date WCD receive the notice of termination. Page 3 • • A IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: Middle St.Croix WMO WCD BY: BY: Board Chair Date Board Chair Date BY: BY: Secretary Date r r Date • MO P l as to fo and execution: A Assistant County Attorney Date Page 4 • • Regular Meeting Agenda Middle St. Croix Watershed Management Organization February 13,2003 Baytown Township Community Center (Located at the NW corner of Cty Rd 14 and the RR tracks, east of Manning Ave (Cty Rd 15),just north of the airport) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes a) Approval of January 9,2003 Minutes 3. Treasurer's Report(Anders Hansen) a) Report of Savings Account Assets b) Approve payment of bills c) Annual Fees from Municipalities 4. Old Business a) Watershed Management Plan—Update b) Routson Motors—Update 5. New Business a) Bayport West-Environmental Assessment Worksheet—Update b) McKean Square—Update c) 2003 Administrative Services Contract 6. Other Agenda Items 7. Establish the next MSCWMO meeting date, time& location 8. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township t ` • Middle St. Croix Watershed Management Organization January 9,2003 Bayport City Hall DRAFT 1. Call to Order Manager McPherson called the meeting to order at 7:04 P.M. Members Present John Jansen, Lake St. Croix Beach; Anders Hansen,Baytown Township; Allen Schultz,Bayport; John McPherson, West Lakeland;David Beaudet, Oak Park Heights; Jim Gilles, Lakeland,Ron Nelson, Stillwater. Absent: Pat Tinucci,Afton,representative from Lakeland Shores and Vicky Green. Vicky is being replaced by Jim Gilles,Lakeland. Others in Attendance: Bob Fossum, WCD, Stu Grubb, Emmons &Olivier Resources,Bob Craggs,Mayor of Lakeland and Dawn Hilde, Recording Secretary 2. Approval of Minutes Manager Jansen made a motion to approve the amended minutes for December 19, 2002 MSCWMO meeting, seconded by Manager Beaudet. Vote: 6/0. 3. Treasurer's Report-Anders Hansen Manager Hansen arrived at 7:15P.M. a) Report of Savings Account Assets. The bank balance as of December 31, 2002 is $35,981.73. b) Approve payment of bills Manager Hansen presented one bill in the amount of$115.00 for Secretarial Services. This bill covers three months of service. Manager Nelson made a motion topay this bill, seconded by Manager Gilles. Vote: 7/0. c) Annual Fees from Municipalities—Anders Hansen The MSCWMO decided to send out a reminder letter to the cities to send in their WMO payments by February 1 and July 15,2003. Manager Hansen stated the League of Minnesota Cities needs all the managers' names so they can insure each one individually. The MSCWMO asked Manager Hansen to include in the billings a statement to each city to name their representative for the MSCWMO. MSCWMO Draft Minutes for January 9,2003 Page 1 of 3 • 4. Old Business a) Watershed Management Plan - Update The MSCWMO received two proposals for the Second Generation Plan; Washington County District and Emmons&Olivier Resources Inc. After a short review, the MSCWMO concluded the total costs for both proposals were quite similar. Manager McPherson suggested the managers review the proposals and then accept one of them at the next meeting. Manager Hansen made a motion to accept the WCD proposal, seconded by Manager Beaudet. Manager Jansen added an amendment to this motion that if another proposal should be available on Friday,January 10, it would have to be considered if it met the RFP requirement of being delivered to the Bayport City Hall by 3:00P.M. on Thursday,January 9. Manager Beaudet seconded this amendment. Vote on motion: 7/0. Vote on amendment to the motion: 7/0. Manager Beaudet made a motion for the Chair of the MSCWMO to sign the contract with WCD after the MSCWMO attorney has reviewed and approved the contract, seconded by Manager Jansen. Vote: 7/0 Manager Beaudet will deliver the contract to Attorney Vierling for review. 5. NEW BUSINESS a) Bayport West—Environmental Assessment Worksheet- Update • Bayport City Council has ordered the EAW with an emphasis on water quality and traffic. Bob Craggs, Mayor of Lakeland, asked how many homes would be built in this development. Manager Schultz replied the number has been reduced to approximately 600. c) Routson Motors-Update The storm water management at Routson Motors is still not working as well as expected. Manager Schultz expressed concern with water flowing down the blacktop and ending up in the Prison Pond. Manager Beaudet suggested signing a Joint Powers Agreement after the Second Generation Plan is completed. 6. Other Agenda Items Manager Jansen brought to the attention of the MSCWMO, each city,township, and county with a boundary on the St. Croix River in Wisconsin and Minnesota would be receiving a letter from Terry Moe, Wisconsin DNR inviting them to appoint a member to the Partnership Team. The representatives would sit ex officio,non-voting but participating and after fact, oversight of zoning and planning to attempt better uniformity of laws. MSCWMO Draft Minutes for January 9,2003 Page 2 of 3 • 7. Establish Next MSCWMO Meeting Date, Time and Location The next MSCWMO meeting will be Thursday, February 13, 2002 at a site to be determined. S. Adjourn The MSCWMO thanked Manager Schultz for his participation on the board. Manager Hansen made a motion to adjourn the meeting, seconded by Manager Jansen. Vote: 7/0. Meeting adjourned at 8:35P.M. Respectfully Submitted, Dawn Hilde,Recording Secretary • MSCWMO Draft Minutes for January 9,2003 Page 3 of 3 0 ' ' ' 0 Middle St Croix Watershed December Management Bayport City 2002 Organization h'Hall 1. Call to Order APPROVED Manager McPherson called Members the meeting to order at 7:psp Present M Schultz, .Lake St. Heights; Ba Gori;John Croix B S ch;Anders Hansen,Lakeland, Lakeland; Township;St. Allen Absent: Pat Tinu n' Stillwater,July Bellairs,Oak Park Gilles, Lake/and. Afton, ' Marx's and There aand Vicky Green. Vicky is being Engineering and nae: Bob Foss resenfrom Lakeland akand replaced by Jim Possum, WCD, Shores. 2. A ,Recording Cain L of Approval of M, Dawn H11de ding Secret Lobbyist, J Mana• mutes arY Jeff Davis, SEH rneetin er Beaudet made minutes a motion to 3. seconded b a''rove November Treasurer' Mana er Jansen. Vote: 7/0 2002 amended Manager is Report-Anders Hansen a) Report of Savingsarrived at 7:SSp The bank balanceAccountAssets. b) Approve Pa t his time is$37,610.24. There are payment of bills made five invoices from a motion to rove ,a Vote: 8/0. m WCD for a total of eat of the bills $1,nded b• M Lea seconded ana er Beaudet League ofMinriesotMana•er membershjp list a Ilene Schultz. to go ahead for this Cities Renewal'—Me MSC and to insurance. Theo need managers to Manager their membership. SCO directed s to update their Manager Hansen Hansen. P Dawn will send an updated Manager Hansen remind was list of eachasked to send community of their t another bill out to would a oepresMsn W11Tp due in communities to gthemontheMSCaDtoask MSCWMO Minutes for December 19,2002 S • 4. Old Business a) Watershed Management Plan - Update Bob Fossum from the WCD presented a timeline for the Second Generation Plan with costs for each area. The total cost was $56,307.00. He stated that BWSR expects as part of this process to have formal public input. Jeff Davis from SEH stated that there were several engineering companies that would like to compete with WCD for this job. Manager Beaudet suggested setting up a technical committee to write an RFP and set some standards so that the proposals can be compared apples to apples. Manager Beaudet made a motion that an RFP be written by Manager Jansen, Manager McPherson, and Manager Beaudet, and proposals would be due at the January 9, 2003 meeting, seconded by Manager Nelson. Vote: 7/0/1 Manager Hansen was absent for this vote. Bob Fossum will also prepare a formal proposal from the WCD. b) Ed Cain, Lobbyist Mr. Cain had expected to have his contract for the MSCWMO at this meeting but his attorney had not completed it. Mr. Cain explained how he was going to approach the legislature for$1.5M for Phase 2 of the Stonnwater Project. He will simply ask for a bill approving$1.55M for the storm water project in Bayport, MN. He will spend some time talking to the local legislators before session begins. Manager Beaudet asked Mr. Cain if he felt this bill would come up early in session or later. He felt it would come up early. Manager Beaudet then suggested going through the bidding process for this project contingent upon receiving the $1.5M. This way, a contractor could be ready to start working end of March, early April. Manager Jansen suggested the contractor should start as soon as the money is available. Jeff Davis, SEH, stated there is $60-65,000 grant money left from the previous phase of this project. He would like to get approval to use this money to write the Scope of Work for Phase 2. Manager Beaudet asked the MSCWMO to consider lowering the inlet and increase the pipe size to 24 inches. After much discussion, it was decided that 15 cubic feet of water moving per second would stand a better chance of keeping sediment moving and not clogging up the pipe. SEH will provide operating instructions for whomever is operating this outlet. Manager Beaudet requested the outlet be placed in the deepest part of the lake. Jeff Davis responded, this will raise the cost a little higher,but I am willing to try this approach. Ultimately, using this approach we may have to raise the water level. Manager Beaudet made a motion for SEH to complete design work for Phase 2 using the left over funds and any remainder of funds be used towards Phase 3, seconded by Manager Schultz. Ed Cain stated he did not feel the legislature MSCWMO Minutes for December 19,2002 Page 2 of 3 • would have any problem with this expenditure. Manager Nelson asked Jeff Davis if the MSCWMO could see a better breakdown of costs for Scope of Work. The motion was amended by Manager Beaudet to do the study for Phase 3 if the MSCWMO gets approval from the Department of Finance, seconded by Manager Schultz. Vote: 8/0 Mr. Cain will contact the Department of Finance. 5. NEW BUSINESS a) Bayport West—Environmental Assessment Worksheet-Update There was not much to report. The City of Bayport decided to request an Environmental Impact Statement(EIS). Bob Fossum requested a copy of the EIS when it is completed. A Comprehensive Plan change has been submitted to Met Council. b) McKean Square-Update Manager Beaudet reported the city of Oak Park Heights is going to recommend 16-foot buffer between buildings and wetland. c) Routson Motors-Update There has been no response from Routson to the three letters written to them by the MSCWMO. 6. Other Agenda Items None 7. Establish Next MSCWMO Meeting.Date, Time and Location The next meeting set for January 9, 2003 at Bayport City Hall. 8. Adjourn Manager Hansen made a motion to ad'ourn the meetin_ seconded b Manager Schultz. Vote: 8/0. Meeting adjourned at 8:38P.M. Respectfully Submitted, Dawn Hilde,Recording Secretary MSCWMO Minutes for December 19,2002 Page 3 of 3 i e% + . . Contract Number: 03-01 MSCWMO CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION FOR ADMINISTRATIVE ASSISTANCE A.' PARTIES This Agreement is made and entered into byWashington Conservation Di a � D), and the Middle St. Croix Watershed Management Organization(Watershed). B. PURPOSE WHEREAS, the Watershed has requested assistance ,. , the ? D t. imp x J, nt the policies specified in MINN. STAT. §§ 103A.206 and 103D.201; and WHEREAS, the WCD is authorized to ente a reem-, . oro .i `,v, `-` asses‘;,„`,,:-,',y,° pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7 and 103D ,,....,:T-Y,.. 21 ' NOW,THEREFORE, the parties agr... C. TERM OF CON . 0 i . The term of this agre �3 4 1 �� . b� � 1� ,er 31, 2003 unless extended or terminated earlier as provided herei D. SCOPE OF SE : ,'4 ` ; The WCD will perfo 1 ,' s .a N .sh and deliver work products generally described in Exhibit A, attached and made part •' i ! x-.;A em ,'= E. COST In full consideration for services under this agreement, the WCD shall charge the Watershed for its services at the rate set forth in Section F. The total dollar amount of the work described in Exhibit A to be performed by the WCD shall not exceed$ 3,000. Monthly billings may not exceed$240. F. BILLING RATE AND PAYMENTS 1. For calendar year 2003, the services provided by WCD hereunder and described in Exhibit A shall be billed at the following rate: $51.00 per hour for Task 1, Task 3, Task 4, Task 5; and $66.00 per hour for Task 2. WCD will provide a monthly invoice specifying the work performed. Invoices are billed on the hourly basis set forth herein and are payable by the Watershed net 60 days. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 1 ♦ r • • ti 2. Miscellaneous project costs such as office supplies, reproduction expenses, postage and transportation are included in the hourly rate. Out source reproduction, special bulk mailings and other direct costs are to be reimbursed at actual cost. G. EQUALEMPLOYMENT OPPORTUNITY- CIVIL RIGHTS - During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity u •er the provisions of and all applicable federal and state laws against discrimination including the Civil Risrt of 1964. H. STANDARDS The WCD shall comply with all applicable Federal and State state M � .ac.71,, as well as local ordinances now in effect or hereafter adopted. Failure to meet the re• irem, the abo � m�ay be cause for cancellation of this contract effective the date of receipt of the Noti � anc of on. I. DATA PRIVACY ' �< used for All data collected, created, received' � t � � � Y . �s y� or ;;,o �,ate �� urpose in the course of the WCD's performance of the ee s 0 e e esota Ge ent Data Practices Act, Minnesota 1984, Section f:r 0;1,17'11 .�i A�� ny li..1114 state statutes and state rules adopted to implement the Act, as h t `�cede. . : , < data privacy. The WCD agrees to abide these statutes, rules and Gly ;, , ' by '. . may 11 �.t r J. AUDITS, REP OA 1 PR I` EDURES The WCD will: 1. Maintain record t vend es, cost incurred and services provided in the performance of the Agreement. 2. Agree that the , the State Auditor, or legislative authority, or any of their duly authorized representatives at any ti s a s uring normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the Watershed mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 2 # 41/ III ,, Each party to this Agreement agrees to indemnify the other party and its officers, employees and agents, and agrees to defend and hold the other harmless from and againstany and all demands, claims, damages, liabilities; costs, and expenses, including reasonable fees of attorneys, or causes of action arising from the acts, errors or •' omissions of that party in connection with this Agreement. Notwithstanding the foregoing, neither party shall be res onsible for indemnifying or defending the other party as to such other.party's negligent, reckless, or �' intentional acts, errors or omissions, or those of its officers, agents or employees. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed - manner as creating or establishing the relationship of co-partners between the parties hereto or as ., ,.,.'..i''',2,;',(11,1.1Fthe WCD as the agent, representative, or employee of Watershed for any purpose or in any m 3 r-',r-,' `. The WCD is to be and shall remain an independent contractor with respect to all services p , g ,,: '';,....,,,,.'i, 's Agreement. The WCD represents that it has, or will secure at its own : pens ;i'a:ersonne ,,s: ired in performing services under this Agreement. Any and all personnel of the W''!? -r oth !, rso whit ,:' ;__•aged in the performance of any work or services required by the WCD under this -,,,,(1 . ,4 ent , „j e no ,, 4'' actual relationship with the Watershed and shall not be considered empl• } s of p 5' ,, - h mG M. MODIFICATIONS , Any material alteration or , , , s -.,4 , , t cc. �� a - W , amendment and signed by the parties.Any alteration, modification a�, .n .- 4 �,�. of , -` a '-(1:s itten agreement of the WCD and the Watershed shall not req a', .,., . , N. MERGER It is understood and agr , . l ea .; a air t of the parties is contained here, except as modified during the term of the Agreem . v t d- •aragraph M above concerning a non-material change, and that this contract supersedes - _- . e e d negotiations between the parties relating to this subject matter. All items referred to in this _ ., e incorporated or attached and deemed to be part of the contract. O. TERMINATIO. Either the WCD or the Watershed may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the Watershed terminates this Agreement, it shall pay to the WCD for services performed by the WCD up to the date WCD receives the notice of termination. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY. . . .. All property of the Watershed used, acquired or created in :the,performance.of work under this Agreement, including documents and records of any kind,shall remain the property of the Watershed. The Watershed shall 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 3 a. • • • ', have the sole right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Q. APPROVAL AND NON-ASSIGNMENT OF SERVICES _ . The Watershed shall have the authority to approve or disapprove of the WCD's selection ofany individual to provide work under this Agreement. The WCD shall not assign this Agreement or any obligations hereunder without written approval of the Watershed. IN TESTIMONY WHEREOF the parties have duly executed this a,4 �7 ' , , duly authorized officers. APPROVED: Watershed C D BY: Iiimilt � Board Chair ; 4 r'T-prr-. : 4, �.. Chair Date ..� �' 4 p3 3 l��` 'Y �✓} --r ,;:: 44,,,,,,,,zi,,,,,,,,__ Secretary � � '' WCD Manager Date d Approval as to form and execution: Assistant County Attorney Date 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 4 • • EXHIBIT A 2003 SCOPE OF SERVICES-ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE WASHINGTON CONSERVATION DISTRLCT(WCD). . AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION(Watershed) At the request of the Watershedthe WCD shall furnish the following services under the terms of the.. AGREEMENT. TECHNICAL SERVICES: Task 1. Administrative Services a The WCD will provide administrative services to the Watershed %.,:).:':,',' A95 �sro member shall serve as the Administrator of the Watershed. This staff member will be ap.:. -,f : a r'('i I. The Administrator shall periodically act on behalf of the Board of Man.,,,,,,17:- to .1::a.J ement W•; hed policies and actions. Administrative services will include: agenda prepar 1 _ i, bo. ti. , a dis 1: ion, receiving and sending official Watershed's correspondence, sub .:01•,1),._ offi.t" ices`+ �3 �� 'catio ,�ordinating meetings for the . board, committees and other groups , ,i `7, , m �; „, ;gig a atershed ��'(except for finance records, projects conducted by the Watershed Y• .' - - or M� �� �aaal records) ,,r3`direct activities between the Watershee .Board, Engin, �$ .. 3: r g , L 9: and State Units of Government and the public. TASK 2. Review '1 4 , e, ) . The WCDwill proved- .: • 0a,:I . ..' : evelopment plans. Comments and recommendations for erosion and sediment c• .•1,, , t• ill', na:-, and wetland protection will be made. Follow-up development site inspections will be •5 - --. propriate. TASK 3. Respon•'T?, r quiries from the public The WCD will act as the primary and first response to inquiries from the public as to programs, projects and written policies or rules and other questions on Watershed issues. The WCD will notify the Board Chair of atypical information requests to receive instructions for response. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 5 • Ill ,s EXHIBIT A 2003 SCOPE OF SERVICES ADMINISTRATIVE SERVICES AGREEMENT (Cont.) TASK 4. Meetings Attendance and reporting at monthly Watershed meetings, Technical Advisory Committee, Inter overnme Coordination, Second Generation Plan Work Group and other meetings as directed by the Watershed. ntal TASK 5. Miscellaneous Services Other services requested by the Watershed necessary to implement Watershed Management Plan. the Middle St. Croix fl • � Nk r E, 4 . , q2 jam.. � a 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 6 • • Regular Meeting Agenda Middle St. Croix Watershed Management Organization February 13,2003 Baytown Township Community Center • (Located at the NW corner of Cty Rd 14 and the RR tracks, east of Manning Ave(Cty Rd 15),just north of the airport) 7:00 PM-Regular Meeting Agenda 1. Call to Order 2. Approval of Minutes a) Approval of January 9, 2003 Minutes 3. Treasurer's Report(Anders Hansen) a) Report of Savings Account Assets b) Approve payment of bills c) Annual Fees from Municipalities 4. Old Business a) Watershed Management Plan—Update b) Routson Motors—Update 5. New Business a) Bayport West-Environmental Assessment Worksheet—Update b) McKean Square—Update } c) 2003 Administrative Services Contract 6. Other Agenda Items 7. Establish the next MSCWMO meeting date, time & location 8. Adjourn Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Middle St. Croix Watershed Management Organization January 9, 2003 Bayport City Hall DRAFT 1. Call to Order Manager McPherson called the meeting to order at 7:04 P.M. Members Present John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Allen Schultz,Bayport; John McPherson, West Lakeland; David Beaudet, Oak Park Heights; Jim Gilles, Lakeland,Ron Nelson, Stillwater. Absent: Pat Tinucci, Afton, representative from Lakeland Shores and Vicky Green. Vicky is being replaced by Jim Gilles, Lakeland. Others in Attendance: Bob Fossum, WCD, Stu Grubb, Emmons & Olivier Resources, Bob Craggs, Mayor of Lakeland and Dawn Hilde, Recording Secretary 2. Approval of Minutes Manager Jansen made a motion to approve the amended minutes for December 19, 2002 MSCWMO meeting, seconded by Manager Beaudet. Vote: 6/0. • 3. Treasurer's Report-Anders Hansen Manager Hansen arrived at 7:15P.M. a) Report of Savings Account Assets. The bank balance as of December 31, 2002 is $35,981.73. b) Approve payment of bills Manager Hansen presented one bill in the amount of$115.00 for Secretarial Services. This bill covers three months of service. Manager Nelson made a motion to pay this bill,seconded by Manager Gilles. Vote: 7/0. c) Annual Fees from Municipalities—Anders Hansen The MSCWMO decided to send out a reminder letter to the cities to send in their WMO payments by February 1 and July 15, 2003. Manager Hansen stated the League of Minnesota Cities needs all the managers' names so they can insure each one individually. The MSCWMO asked Manager Hansen to include in the billings a statement to each city to name their representative for the MSCWMO. MSCWMO Draft Minutes for January 9,2003 Page 1 of 3 • • • 4. Old Business a) Watershed Management Plan - Update The MSCWMO received two proposals for the Second Generation Plan; Washington County District and Emmons & Olivier Resources Inc. After a short review, the MSCWMO concluded the total costs for both proposals were quite similar. Manager McPherson suggested the managers review the proposals and then accept one of them at the next meeting. Manager Hansen made a motion to accept the WCD proposal, seconded by Manager Beaudet. Manager Jansen added an amendment to this motion that if another proposal should be available on Friday, January 10, it would have to be considered if it met the RFP requirement of being delivered to the Bayport City Hall by 3:00P.M. on Thursday, January 9. Manager Beaudet seconded this amendment. Vote on motion: 7/0. Vote on amendment to the motion: 7/0. Manager Beaudet made a motion for the Chair of the MSCWMO to sign the contract with WCD after the MSCWMO attorney has reviewed and approved the contract, seconded by Manager Jansen. Vote: 7/0 Manager Beaudet will deliver the contract to Attorney Vierling for review. 5. NEW BUSINESS a) Bayport West—Environmental Assessment Worksheet-Update Bayport City Council has ordered the EAW with an emphasis on water quality and traffic. Bob Craggs, Mayor of Lakeland, asked how many homes would be built in this development. Manager Schultz replied the number has been reduced to approximately 600. c) Routson Motors -Update The storm water management at Routson Motors is still not working as well as expected. Manager Schultz expressed concern with water flowing down the blacktop and ending up in the Prison Pond. Manager Beaudet suggested signing a Joint Powers Agreement after the Second Generation Plan is completed. 6. Other Agenda Items Manager Jansen brought to the attention of the MSCWMO, each city, township, and county with a boundary on the St. Croix River in Wisconsin and Minnesota would be receiving a letter from Terry Moe, Wisconsin DNR inviting them to appoint a member to the Partnership Team. The representatives would sit ex officio,non-voting but participating and after fact, oversight of zoning and planning to attempt better uniformity of laws. MSCWMO Draft Minutes for January 9,2003 Page 2 of 3 r 1 • • 7. Establish Next MSCWMO Meeting Date, Time and Location The next MSCWMO meeting will be Thursday, February 13, 2002 at a site to be determined. 8. Adjourn The MSCWMO thanked Manager Schultz for his participation on the board. Manager Hansen made a motion to adjourn the meeting, seconded by Manager Jansen. Vote: 7/0. Meeting adjourned at 8:35P.M. Respectfully Submitted, Dawn Hilde,Recording Secretary • MSCWMO Draft Minutes for January 9,2003 Page 3 of 3 • • • Middle St. Croix Watershed Management Organization December 19, 2002 Bayport City Hall I APPROVED I 1. Call to Order Manager McPherson called the meeting to order at 7:05P.M. Members Present John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Allen Schultz, Bayport; John McPherson, West Lakeland; David Beaudet, Oak Park Heights; Jim Gilles, Lakeland, Ron Nelson, Stillwater, July Bellairs, St. Mary's Point. Absent: Pat Tinucci, Afton, and Vicky Green. Vicky is being replaced by Jim Gilles, Lakeland. There was no representative present from Lakeland Shores. Others in Attendance: Bob Fossum, WCD, Ed Cain, Lobbyist, Jeff Davis, SEH Engineering and Dawn Hilde, Recording Secretary 2. Approval of Minutes Manager Beaudet made a motion to approve November 14, 2002 amended meeting minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report-Anders Hansen Manager Hansen arrived at 7:55P.M. a) Report of Savings Account Assets. The bank balance at this time is $37,610.24. b) Approve payment of bills There are five invoices from WCD for a total of$1,907.25. Manager Beaudet made a motion to approve payment of the bills, seconded by Manager Schultz. Vote: 8/0. League of Minnesota Cities Renewal—The MSCWMO needs to update their membership list for this insurance. The MSCWMO directed Manager Hansen to go ahead and renew their membership. Dawn will send an updated list of managers to Manager Hansen. Manager Hansen was asked to send another bill out to the communities to remind them of their payments to the MSCWMO due in January and to ask each community who would be representing them on the MSCWMO. MSCWMO Minutes for December 19,2002 Page 1 of 3 • • 4. Old Business a) Watershed Management Plan - Update Bob Fossum from the WCD presented a timeline for the Second Generation Plan with costs for each area. The total cost was $56,307.00. He stated that BWSR expects as part of this process to have formal public input. Jeff Davis from SEH stated that there were several engineering companies that would like to compete with WCD for this job. Manager Beaudet suggested setting up a technical committee to write an RFP and set some standards so that the proposals can be compared apples to apples. Manager Beaudet made a motion that an RFP be written by Manager Jansen, Manager McPherson, and Manager Beaudet, and proposals would be due at the January 9, 2003 meeting, seconded by Manager Nelson. Vote: 7/0/1 Manager Hansen was absent for this vote. Bob Fossum will also prepare a formal proposal from the WCD. b) Ed Cain, Lobbyist Mr. Cain had expected to have his contract for the MSCWMO at this meeting but his attorney had not completed it. Mr. Cain explained how he was going to approach the legislature for$1.5M for Phase 2 of the Stormwater Project. He will simply ask for a bill approving$1.55M for the storm water project in Bayport, MN. He will spend some time talking to the local legislators before session begins. Manager Beaudet asked Mr. Cain if he felt this bill would come up early in session or later. He felt it would come up early. Manager Beaudet then suggested going through the bidding process for this project contingent upon receiving the $1.5M. This way, a contractor could be ready to start working end of March, early April. Manager Jansen suggested the contractor should start as soon as the money is available. Jeff Davis, SEH, stated there is $60-65,000 grant money left from the previous phase of this project. He would like to get approval to use this money to write the Scope of Work for Phase 2. Manager Beaudet asked the MSCWMO to consider lowering the inlet and increase the pipe size to 24 inches. After much discussion, it was decided that 15 cubic feet of water moving per second would stand a better chance of keeping sediment moving and not clogging up the pipe. SEH will provide operating instructions for whomever is operating this outlet. Manager Beaudet requested the outlet be placed in the deepest part of the lake. Jeff Davis responded, this will raise the cost a little higher,but I am willing to try this approach. Ultimately, using this approach we may have to raise the water level. Manager Beaudet made a motion for SEH to complete design work for Phase 2 using the left over funds and any remainder of funds be used towards Phase 3, seconded by Manager Schultz. Ed Cain stated he did not feel the legislature MSCWMO Minutes for December 19, 2002 Page 2 of 3 e, • • would have any problem with this expenditure. Manager Nelson asked Jeff Davis if the MSCWMO could see a better breakdown of costs for Scope of Work. The motion was amended by Manager Beaudet to do the study for Phase 3 if the MSCWMO gets approval from the Department of Finance, seconded by Manager Schultz. Vote: 8/0 Mr. Cain will contact the Department of Finance. 5. NEW BUSINESS a) Bayport West—Environmental Assessment Worksheet-Update There was not much to report. The City of Bayport decided to request an Environmental Impact Statement (EIS). Bob Fossum requested a copy of the EIS when it is completed. A Comprehensive Plan change has been submitted to Met Council. b) McKean Square- Update Manager Beaudet reported the city of Oak Park Heights is going to recommend 16-foot buffer between buildings and wetland. c) Routson Motors -Update There has been no response from Routson to the three letters written to them by the MSCWMO. 6. Other Agenda Items None 7. Establish Next MSCWMO Meeting Date, Time and Location The next meeting set for January 9, 2003 at Bayport City Hall. 8. Adjourn Manager Hansen made a motion to adjourn the meeting, seconded by Manager Schultz. Vote: 8/0. Meeting adjourned at 8:38P.M. Respectfully Submitted, Dawn Hilde,Recording Secretary MSCWMO Minutes for December 19,2002 Page 3 of 3 ., y 0 • f Contract Number: 03-01 MSCWMO CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION FOR ADMINISTRATIVE ASSISTANCE A. PARTIES This Agreement is made and entered into by Washington Conservation D 6 , , ` Croix Watershed Management Organization(Watershed). D), and the Middle St. B. PURPOSE ` " WHEREAS, the Watershed has requested assistance 4,', the D to imps t the policies specified in MINN. STAT. §§ 103A.206 and 103D.201; and WHEREAS, the WCD is authorized to ente ,., ? eem; 3. ..ro - h assis - pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7 and 103D ,, ;.. 21 NOW, THEREFORE, the parties agr 0 i C. TERM OF CON ' • The term of this agree ��_� . � ��� - �,, �� earlier as provided herei , . ;1 ,,:3' r" 1 ''' � -., a er 31, 200 0. 3 unless extended or terminated D. SCOPE OF SE ' $ = . The WCD will perfo 1' , s ,, f `sh and deliver work products generally described in Exhibit A, attached and made part .c ! , ern-iv:: { E. COST In full consideration for services under this agreement, the WCD shall charge the Watershed for its services at the rate set forth in Section F. The total dollar amount of the work described in Exhibit A to be performed by the WCD shall not exceed $ 3,000. Monthly billings may not exceed$240. F. BILLING RATE AND PAYMENTS 1. For calendar year 2003, the services provided by WCD hereunder and described in Exhibit A shall be billed at the following rate: $51.00 per hour for Task 1, Task 3, Task 4, Task 5; and $66.00 per hour for Task 2. WCD will provide a monthly invoice specifying the work performed. Invoices are billed on the hourly basis set forth herein and are payable by the Watershed net 60 days. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 1 • 2. Miscellaneous project costs such as office supplies, reproduction expenses, postage and transportation are included in the hourly rate. Out source reproduction, special bulk mailings and other direct costs are to be reimbursed at actual cost. G. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS '' During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity der the provisions of and all applicable federal and state laws against discrimination including the Civil RI:. t of 1964. H. STANDARDS The WCD shall comply with all applicable Federal and State stat .. . o . o s as well as local ordinances now in effect or hereafter adopted. Failure to meet the re. irem . h the abo Pa4ay be cause for cancellation of this contract effective the date of receipt of the Noti . -Cane :A.on. k I. DATA PRIVACY i`l aft.. • All data collected, created, received, •. or . :f . 1 atei . used for 4 .urpose in the course of the WCD's performance of the • ee lent '4""-h° s13x. e =. . e 3i ' esota G ent Data Practices Act, Minnesota 1984 Section . 't ny . . .E.: . state statutes and state rules adopted to implement the Act, as t.o-: : s ede • . data privacy. The WCD agrees to abide by these statutes, rules and #.7,i a4 J. AUDITS, REP I . e : °,PRI EDURES The WCD will: • 1. Maintain record "4 g : t . vend es, cost incurred and services provided in the performance of the Agreement. 2. Agree that ther the State Auditor, or legislative authority, or any of their duly authorized representatives at any ti i - i uring normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the Watershed mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 2 l . • 11111 Contract Number: 03-01 MSCWMO CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION FOR ADMINISTRATIVE ASSISTANCE A. • PARTIES This Agreement is made and entered into by Washington Conservation Dist *A D), and the Middle St. Croix Watershed Management Organization (Watershed). B. PURPOSE ;°., WHEREAS, the Watershed has requested assistance r iii the 0 D te impnt the policies specified in MINN. STAT. §§ 103A.206 and 103D.201; and WHEREAS, the WCD is authorized to ente eem=, 'pro " 4-.° assis:< u - pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7 and 103D . ,1I. 21 i' NOW, THEREFORE,the parties agr- : 4 '� C. TERM OF CON') ' .'' ':.'' '-';',. *, ; .'1..-k e%t, ii o The term of this agree cii 1,1 : : . 1 " 1'� �.,a er 31, 2003 unless extended or terminated earlier as provided herei i ' ," D. SCOPE OF SE �� � The WCD will perfo , _ - -1-:-!,--s fu °ash and deliver work products generally described in Exhibit A, attached and made part : . =em . E. COST In full consideration for services under this agreement, the WCD shall charge the Watershed for its services at the rate set forth in Section F. The total dollar amount of the work described in Exhibit A to be performed by the WCD shall not exceed $ 3,000. Monthly billings may not exceed $240. F. BILLING RATE AND PAYMENTS 1. For calendar year 2003, the services provided by WCD hereunder and described in Exhibit A shall be billed at the following rate: $51.00 per hour for Task 1, Task 3, Task 4, Task 5; and $66.00 per hour for Task 2. WCD will provide a monthly invoice specifying the work performed. Invoices are billed on the hourly basis set forth herein and are payable by the Watershed net 60 days. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 1 ' S • • Each party to this Agreement agrees to indemnify the other party and its officers, employees and agents, and agrees to defend and hold the other harmless from and against any and all demands, claims, damages, liabilities, costs, and expenses, including reasonable fees of attorneys, or causes of action arising from the acts, errors or ' omissions of that party in connection with this Agreement. Notwithstanding the foregoing, neither party shall be responsible for indemnifying Eying or defending the other party as to:such other partys.negligent, reckless, or intentional acts, errors or omissions, or those of its officers, agents or employees. L. INDEPENDENT CONTRACTOR • It is agreed that nothing herein contained is intended or should be construed 1,4' manner as creating or establishing the relationship of co-partners between the parties hereto or as ',i 0:1the WCD as the agent, representative, or employee of Watershed for any purpose or in any m. As ° a: ", r. The WCD is to be and shall remain an independent contractor with respect to all services p 1,1., . 19 his Agreement. The WCD represents that it has, or will secure at its own e pens i? -•ersonne` ired in performing services under this Agreement. Any and all personnel of the W!" "qr oth l rso whil ; ;;;_aged in the performance of any work or services required by the WCD under this '� - ent�,,, i e no "fix actual relationship with the Watershed and shall not be considered emple ,�, s of t.4 '�4 ersh 4 s"jrx^ Y , M. MODIFICATIONS , ' Any material alteration or ��. r.4 s - F. i $ced,,b� ,� a t amendment and signed by the parties. Any alteration, modification ?fir � : .n ; � o!,..4.1 of h1 A� 31or .l �� written agreement of the WCD and the Watershed shall not req -,I x w4 yy?? Y" fui"`, 1� N. MERGER : It is understood and a '�� r� � ' a: � ir:� �" gri� e'--. a.4- t of the parties is contained here, except as modified during the term of the Agreem 4 ' tia d ` aragraph M above concerning a non-material change, and that this contract supersedes rV e d iti d negotiations between the parties relating to this subject matter. All items referred to in this i e incorporated or attached and deemed to be part of the contract. O. TERMINATIO, Either the WCD or the Watershed may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the Watershed terminates this Agreement, it shall pay to the WCD for services performed by the WCD up to the date WCD receives the notice of termination. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY. All property of the Watershed,used, acquired or created in the performance ,of work_under this Agreement, including documents and records of any kind,shall remain the property of the Watershed. The Watershed shall 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 3 • • , have the sole right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Q. APPROVAL AND NON-ASSIGNMENT OF SERVICES The Watershed shall have the authority to approve or disapprove of the WCD's selection of any individual to provide work under this Agreement. The WCD shall not assign this Agreement or any obligations hereunder without written approval of the Watershed. IN TESTIMONY WHEREOF the parties have duly executed this a i . i . 1 duly authorized officers. APPROVED: Watershed C i BY: " Board Chair : °r t ted Chair Date �„: a d sem. d BY: Secretary Y WCD Manager Date "it-''''S '::::;" iiN i'Ait 'V F. „„..,:., ,,,,, ,,,„ ';',;s4-. Approval as to form and execution: Assistant County Attorney Date 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 4 s III s Each party to this Agreement agrees to indemnify the other party and its officers, employees and agents, and agrees to defend and hold the other harmless from and against any and all demands,claims, damages, liabilities costs, and expenses, including reasonable fees of attorneys, or causes of action arising from the acts, errors' or omissions of that party in connection with this Agreement. Notwithstanding the foregoing, neither party shall be responsible for indemnifying or defending the other party as' to such other party's negligent, reckless,' or intentional acts, errors or omissions, or those of its officers, agents or employees. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed ' '. manner as creating or establishing the relationship of co-partners between the parties hereto or as c,4,041:4 is the WCD as the agent, representative, or employee of Watershed for any purpose or in any m : :;6 k''r. The WCD is to be and shall remain an independent contractor with respect to all services p i « his Agreement. The WCD represents that it has, or will secure at its own a pens ` 4 •ersonne ired in performing services under this Agreement. Any and all personnel of the W Ir oth a,rso , whil` o�:aged in the performance of any work or services required by the WCD under this 4`- enter..,:',4,,,,,.1,1;',..t e no 21ractual relationship with the Watershed and shall not be considered empl. --s of to:- .!,ersh " ,, • M. MODIFICATIONS Any material alteration or ;° s P 1 .- - ced 0�` 41'1a a .,amendment and signed by the parties.Any alteration, modification •n Y� ' of k,f,,i,!%:'q A� �r. written agreement of the WCD and the Watershed shall not req 4: a.; N. MERGER ,, v I ae A ."'r�t k "=""..b It is understood and agr, t:. ell a: :� �'t of the parties is contained here, except as modified during the term of the Agreem >, 'ti d- 'aragraph M above concerning a non-material change, and that this contract supersedes ; e. nd negotiations between the parties relating to this subject matter. All items referred to in this ,a , : `®,e incorporated or attached and deemed to be part of the contract. O. TERMINATIO i',"°:4 Either the WCD or the Watershed may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the Watershed terminates this Agreement, it shall pay to the WCD for services performed by the WCD up to the date WCD receives the notice of termination. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the Watershed used, acquired or created in the performance:of work under thus 'Agreement, including documents and records of any kind, shall remain the property of the Watershed. The Watershed shall 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 3 • • EXHIBIT A 2003 SCOPE OF SERVICES -ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE WASHINGTON:CONSERVATION DISTRICT(WCD): AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION (Watershed) At the request of the Watershed the WCD shall furnish the following services under the terms of the. AGREEMENT. TECHNICAL SERVICES: Task 1. Administrative Services ,' z T, The WCD will provide administrative services to the Watershed A4' ti� member shall serve as the Administrator of the Watershed. This staff member will be ap ON.. y' he Y ' P. The Administrator shall periodically act on behalf of the Board of Man 'mak to 4.. ement W . hed policies and actions. Administrative services will include: agenda prepay bo. dist i ion, receiving and sending official Watershed's correspondence, sub =,v.) ` offi«+, „0 ;ices 34' 77:4 1.;','catio 6. ,i ordinating meetings for the f � . board, committees and other groups .:11.13,.7%-i,'",-.0'4,4,,„ , m p - J:3,, t %atershed ° , g .� � (except for finance records, projects conducted by the Watershed , ' or i al '''''''x,1 records) x+ direct activities between the Watershe*Board Engin-,.:11-41„!a � ;i '- and State Units of Government and the public. y2 a 4 y`q`..," r 'P TASK 2. Review 1 i ,;a l e )' � The WCD will proved-:,r ...d ,., ,:� '+evelopment plans. Comments and recommendations for erosion and sediment c. til,:2 . ., ' �,��n����� na_'�, and wetland protection will be made. Follow-up development site inspections will be .o,. f e > propn ate. TASK 3. Respon 8 'quiries from the public The WCD will act as the primary and first response to inquiries from the public as to programs, projects and written policies or rules and other questions on Watershed issues. The WCD will notify the Board Chair of atypical information requests to receive instructions for response. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 5 • • EXHIBIT A 2003 SCOPE OF SERVICES ADMINISTRATIVE SERVICES AGREEMENT (Cont.) TASK 4. Meetings Attendance and reporting at monthly Watershed meetings, Technical Advisory Committee, Intergovernmental Coordination, Second Generation Plan Work Group and other meetings as directed by the Watershed. TASK 5. Miscellaneous Services ? , Other services requested by the Watershed necessary to implement "., ti the Middle St. Croix Watershed Management Plan. , 4 S � � � {fid Y0 # sin Boa 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 6 • • EXHIBIT A 2003 SCOPE OF SERVICES -ADMINISTRATIVE SERVICES.AGREEMENT BETWEEN THE WASHINGTON CONSERVATION DISTRICT (WCD) AND THE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION (Watershed) At the request of the Watershed the WCD shall furnish the following services under the terms of the AGREEMENT. TECHNICAL SERVICES: „ Task 1. Administrative Services The WCD will provide administrative services to the Watershed - e . .`° i. member shall serve as the Administrator of the Watershed. This staff member will be ap• - + the : ``� I. The Administrator shall periodically act on behalf of the Board of Man.: : to `/X',64 ement W. hed policies and actions. Administrative services will include: agenda prepar. boa' $ , dist 4, 441, 4ion, receiving and sending official Watershed's correspondence, sub ,,,ii,!. offi ices I :1,414",'catio i I ordinating meetings for the , m. i .a.1 g t atershed A` - �(except for finance records, board, committees and other groups . ��`� �� projects conducted by the Watershed a : - or M al i,�1 records) . `direct activities between the Watershed Board, Engin ime r ' g eco g , " L47,4":1. and State Units of Government and the public. r 2w TASK 2. Review 1,404. „„4..gag + e� °I F�+ _ GAdHd E v The WCD will proved ' - 4 ,,,4 d i'im • , ''a:evelopment plans. Comments and recommendations for erosion and sediment c. `n: ina1'47 '.=, and wetland protection will be made. Follow-up development site inspections will be . i g e o .:propriate. TASK 3. Respon• i quiries from the public The WCD will act as the primary and first response to inquiries from the public as to programs, projects and written policies or rules and other questions on Watershed issues. The WCD will notify the Board Chair of atypical information requests to receive instructions for response. 2003 WCD/MSCWMO ContractMSCWMO 03-01 DRAFT Page 5 • Middle St. Croix Watershed Management Organization P.O. Box 135 Stillwater, MN 55082 January 15, 2003 Honorable Mayor David Beaudet City of Oak Park Heights 14168 North 57th Street,P.O. Box 2007 Oak Park Heights,MN 55082-2007 RE: Middle St. Croix Watershed Management Organization Annual Fees Dear Mayor Beaudet: As you are aware, your City is a member of the Joint Powers Agreement, which forms the Middle St. Croix Watershed Management Organization (MSCWMO). The MSCWMO operates on an annual budget funded by the member communities. The MSCWMO, at its August 8, 2002 meeting, adopted its 2003 Budget. At that meeting the proposed 2003 budget was set at $70,000. A breakdown of that budget has been attached for your reference. While this is a substantial increase over the 2002 costs, it represents a one-time expense to prepare the Second Generation Watershed Management Plan and other activities required by the Washington County Water Governance Study. Once this new plan is complete, the annual fees are expected to return to 2002 levels. Based upon the funding formula in Joint Powers Agreement, you communities contribution is 15.9731 % or $11,181.17. The formula was most recently recalculated in January of 2002 using the most updated population and tax capacity information that was available. Also, in accordance with the Joint Powers Agreement, payments are to be received in two equal amounts, the first by January 1, 2003 and the second by July 1, 2003. Additionally,we request a confirmation of your City's representative and alternate to the MSCWMO for 2003. On behalf of the MSCWMO Board of Commissioners, I want to thank you and your community for its continued support of our organization. If you have any questions,please feel free to contact me at 439-2582. • Sincere I •ers Hanse e. -r enc: Proposed 2003 MSCWMO Budget cc: Kim Kamper, Administrator, City of Oak Park Heights,w/enc. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Proposed 2003 MSCWMO Budget $70,000 Community % Contribution Annual Fees Afton 0.4480% $313.60 Bayport 12.1234% $8,486.38 Baytown 10.1876% $7,131.32 Lakeland 9.9450% $6,961.50 Lakeland Shores 1.1760% $823.20 Oak Park Heights 15.9731% $11,181.17 Stillwater 30.8671% $21,606.97 Lake St. Croix Beach 3.9034% $2,732.38 St. Mary's Point 0.8033% $562.31 West Lakeland 14.5731% $10,201.17 100.00% $70,000.00 —......._-- • • Regular Meeting Agenda Middle St. Croix Watershed Management Organization January 9,2003 Bayport City Hall 7:00 -Regular Meeting Agenda Call to Order 2. Appr val of Minutes Afa) a Approval of December 19, 2002 Minutes 1 t 3. Treasurer's Report(Anders Hansen) A' 7 4/.1jt.")* Report of Savings Account Assets . .,; ,Approve payment of bills /Sr /70 641/ Annual Fees from Municipalities 4. 0 usiness a) Watershed Management Plan—Update 5. New B iness 10(''' 7 ayport West-Environmental Assessment Worksheet—Update 4ii p McKean Square—Update I lt dir Routson Motors-Update ' 121> 'r - litt°/' 112 6. Other Agenda Items (41t\� 4% 7. Establish the next MSCWMO meeting date, time& location � 8. Adjourn OltItICP',Irouxf- op Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • • Middle St. Croix Watershed Management Organization December 19, 2002 Bayport City Hall DRAFT 1. Call to Order Manager McPherson called the meeting to order at 7:05P.M. Members Present John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Allen Schultz, Bayport; John McPherson, West Lakeland; David Beaudet, Oak Park Heights; Jim Gilles,Lakeland, Ron Nelson, Stillwater, July Bellairs, St. Mary's Point. Absent: Pat Tinucci, Afton, and Vicky Green. Vicky is being replaced by Jim Gilles, Lakeland. Others in Attendance: Bob Fossom,WCD,Ed Cain,Lobbyist, Jeff Davis, SEH Engineering and Dawn Hilde, Recording Secretary 2. Approval of Minutes Manager Beaudet made a motion to approve November 14, 2002 amended meeting minutes, seconded by Manager Jansen. Vote: 7/0 3. Treasurer's Report- Anders Hansen Manager Hansen arrived at 7:55P.M. a) Report of Savings Account Assets. The bank balance at this time is $37,610.24. b) Approve payment of bills There are five invoices from WCD for a total of$1,907.25. Manager Beaudet made a motion to approve payment of the bills, seconded by Manager Schultz. Vote: 8/0. League of Minnesota Cities Renewal—The MSCWMO needs to update their membership list for this insurance. The MSCWMO directed Manager Hansen to go ahead and renew their membership. Dawn will send an updated list of managers to Manager Hansen. Manager Hansen was asked to send another bill out to the communities to remind them of their payments to the MSCWMO due in January and to ask each community who would be representing them on the MSCWMO. 4. Old Business MSCWMO Draft Minutes for October 10,2002 Page 1 of 1 • 0 a) Watershed Management Plan - Update Bob Fossom from the WCD presented a timeline for the Second Generation Plan with costs for each area. The total cost was $56,307.00. He stated that BWSR expects as part of this process to have formal public input. Jeff Davis from SEH stated that there were several engineering companies that would like to compete with WCD for this job. Manager Beaudet suggested setting up a technical committee to write an RFP and set some standards so that the proposals can be compared apples to apples. Manager Beaudet made a motion that an RFP be written by Manager Jansen, Manager McPherson and Mana_er Beaudet and .ro.osals would be due at the Janua 9, 2003 meeting, seconded by Manager Nelson. Vote: 7/0/1 Manager Hansen was absent for this vote: Bob Fossom will also prepare a formal proposal from the WCD. b) Ed Cain,Lobbyist Mr. Cain had expected to have his contract for the MSCWMO at this meeting but his attorney had not completed it. Mr. Cain explained how he was going to approach the legislature for$1.5M for Phase 2 of the Stormwater Project. He will simply ask for a bill approving $1.55M for the storm water project in Bayport, MN. He will spend some time talking to the local legislators before session begins. Manager Beaudet asked Mr. Cain if he felt this bill would come up early in session or later. He felt it would come up early. Manager Beaudet then suggested going through the bidding process for this project contingent upon receiving the $1.5M. This way, a contractor could be ready to start working end of March, early April. Manager Jansen suggested the contractor should start as soon as the money is available. Jeff Davis, SEH, stated there is $60-65,000 grant money left from the previous phase of this project. He would like to get approval to use this money towrite the Scope of Work for Phase 2. Manager Beaudet asked the MSCWMO to consider lowering the inlet and increase the pipe size to 24 inches. After much discussion, it was decided that 15 cubic feet of water moving per second would stand a better chance of keeping sediment moving and not clogging up the pipe. SEH will provide operating instructions for whomever is operating this outlet. Manager Beaudet requested the outlet be placed in the deepest part of the lake. Jeff Davis responded, this will raise the cost a little higher, but I am willing to try this approach. Ultimately, using this approach we may have to raise the water level. Manager Beaudet made a motion for SEH to complete design work for Phase 2 using the left over funds and any remainder of funds be used towards Phase 3, seconded by Manager Schultz. Ed Caine stated he did not feel the legislature would have any problem with this expenditure. Manager Nelson MSCWMO Draft Minutes for October 10,2002 Page 2 of 2 • • asked Jeff Davis if the MSCWMO could see a better breakdown of costs for Scope of Work. The motion was amended by Manager Beaudet to do the study for Phase 3 if the MSCWMO gets approval from the Department of Finance, seconded by Manager Schultz. Vote: 8/0 Mr. Caine will contact the Department of Finance. 5. NEW BUSINESS a) Bayport West-Environmental Assessment Worksheet- Update There was not much to report, The City of Bayport decided to request an Environmental Impact Statement (EIS). Bob Fossum requested a copy of the EIS when it is completed. A Comprehensive Plan change has been submitted to Met Council. b) McKean Square- Update Manager Beaudet reported the city of Oak Park Heights is going to recommend 16-foot buffer between buildings and wetland. c) Routson Motors - Update There has been no response from Routson to the three letters written to them by the MSCWMO. 6. Other Agenda Items None 7. Establish Next MSCWMO Meeting Date, Time and Location The next meeting set for January 9, 2003 at Bayport City Hall. 8. Adjourn Manager Hansen made a motion to adjourn the meeting, seconded by Manager Schultz. Vote: 8/0. Meeting adjourned at 8:38P.M. Respectfully Submitted, Dawn Hilde, Recording Secretary MSCWMO Draft Minutes for October 10, 2002 Page 3 of 3 Ebt • r'� - NGTON imi 1 .11.. .... .. O ...••mm.i. k Washington (�,,� , , r ,, 4 �i�.(� Conservation District ���_ " ` � '.�f� V\at �`�S1AY�.ppDGNE�'S The Value of Shallow Lakes in MN Presented by: Nichole Hansel-Welch DNR Wildlife Lakes Specialist Sponsored by: St. Croix Valley Chapter of Minnesota Waterfowl Association Washington Conservation District Washington County Parks 6:30 P.M. Wednesday, January 15th, 2003 Washington County Historic Courthouse 101 West Pine Street Stillwater, MN 55082 R.S.V.P. by January 10th to Jeff Berg at (651) 430-6825 or(651) 779-3640. Refreshments Provided Drawing for wood duck houses will be held This is an educational event tailored to local citizens and decision makers on the value of shallow lakes as a water resource and for fish & wildlife habitat. This information will be applicable to many waterbodies in Washington County, and will be helpful to watershed managers as well as hunters and fishers. There is no charge for this event,but a RSVP is required. 411 Middle St. Croix Watershed Management Organization February 13, 2003 WCD Offices 1. Call to Order Meeting called to order at 7:03P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; Les Abrahamson, alternate for David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Representative, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Todd Erickson,Foltz, Freeman and Erickson, Bob Fossum, WCD, Ed Cain, Lobbyist. 2. Approval of Minutes Manager Anders made a motion to approve the January 9, 2003 amended minutes, seconded by Manager Gilles. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance as of February 1 was $35,864.21. Baytown paid their assessment for$3,565.66. The present balance is $39,429.87. b) Approve payment of bills Bills in the amount of$267.44 from the WCD were presented for payment. Manager Gilles made a motion to pay these bills, seconded by Manager Jansen. Vote: 7/0 c) Annual Fees from Municipalities Oak Park Heights, Lake St. Croix Beach and West Lakeland have voted to pay their MSCWMO assessments. Bayport will be voting on their assessment payment at the next meeting. Anders Hansen asked each manager to remind his or her councils that the additional assessment is not for lobbying, but for completing a Second Generation Plan. Draft Minutes for the MSCWMO,February 13,2003 Page 1 of 3 S • 4. Old Business a) Watershed Management Plan—Update Bob Fossum stated there are seven criteria to be met to remain viable as a Water Management Organization. The Watershed Management Plan is the main focus. Manager Jansen stated if the WMO does not maintain, and continue working on a Plan, the county would dissolve us. The levy was increased to cover costs of the Second Generation Plan and will go down in 2004. Manager Jansen stated the concept of the WMO is and always has been to do what needs to be done. Bob Fossum met with Phil Belfiori, BWSR, to get some ideas on how to proceed. Mr. Belfiori suggested the WMO focus on how the Plan is going to be used. • What does the WMO want to work on? • Try to select a few things important to the WMO and do them well. • What resources need to be protected? Bob suggested a workshop before the next meeting to identify issues. John McPherson asked Bob what he had in mind? Bob responded he felt the most important issues are education, storm water, erosion and sediment. Bob would like to include Phil Belfiori in this workshop. The meeting was set for February 24 from 3:00-5:OOP.M. Bob will send out an agenda. b) Routson Motors—Update No response. 5. New Business a) Bayport West—Environmental Assessment Worksheet—Update Nothing new. b) McKean Square—Update Todd Erickson from Folz,Freeman and Erickson, attended the meeting to explain the preliminary plans for this development. The developers are working with the City of Oak Park Heights for the city's permits. Brown's Creek Watershed District has given their approval if the city approves. Manager McPherson asked Bob Fossum to review these plans and present his findings at the next meeting. Oakgreen Village—Todd Erickson Their development plans include ponding to keep the storm water within Oak Park Heights and Middle St. Croix Watershed District. They are planning on meeting the City of Oak Park Heights' requirements for rates. Draft Minutes for the MSCWMO,February 13,2003 Page 2 of 3 c) 2003 Administrative Services Contract—Bob Fossum The rates are higher for 2003 including review fees. Bob Fossum asked the Middle St. Croix Watershed District to approve this contract with the WCD for Administrative Services. Manager Jansen made a motion to approve the WCD contract for Administrative Services for 2003, seconded by Anders Hansen. Vote: 7/0 6. Other Agenda Items a) Ed Cain,Lobbyist for the MSCWMO—Update Senator Langseth has introduced a bill that includes all projects vetoed by the Governor last year. Mr. Cain was not convinced that this bill would pass. Mr. Cain has had a separate bill introduced. This bill is assigned to Commerce, Jobs &Economic Finance Committee. In the Senate the Finance Committee will address this. Mr. Cain felt there would be several hearings before bonding. He is very optimistic. Manager Beaudet will attend as many hearings with Mr. Cain as possible. Last year the MSCWMO contacted the Corps of Engineers to help study flooding problems along the river. The Corps has been directed to do the study. The cost will be approximately$300,000 and will come out of the Corps of Engineers budget. The study will include flooding, environ- mental restoration,water quality and developing a comprehensive watershed management plan. Mr. Cain will ask the Corps to contact Bob Fossum. b) Fourth Annual St. Croix Basin Water Resources Conference— Manager Jansen This conference will be held Thursday, February 20, 2003 at Trollhagen, Dresser, Wisconsin. 7. Establish the next MSCWMO meeting date,time & location The next meeting will be March 13th at the WCD offices, 7:00P.M. 8. Adjourn Manager Hansen made a motion to adjourn, seconded by Alternate Manager Abrahamson. Vote: 7/0 Meeting adjourned at 8:12P.M. Respectfully Submitted, Dawn Hilde Draft Minutes for the MSCWMO,February 13,2003 Page 3 of 3 I . r;---- '-' - c.....Ni • -• 1 I • FOREST LK/ 'MFORT LK ' DNR Minor Watersheds I ' Dut&► 95 and IL,.. • y , . • WMO's ". - _ -I Central II . Washington `, ` , CARNELIAN I County I RICE CREEK WD MARINE , I r It 61 I r'r Jt4. I • - , r' X ' ff I,r ,-, MA • t N I • Highways ST. C•"1 IX ♦ / . ' County Boundary r . I 11 DNR Minor Watersheds 4 Municipal Boundaries ric) - _ 1 r/ 14'., 1 ' WMO and WD RICE CREEK WD Boundaries r 1 �,�� J CARNELI, ‘-MARINE:ll EIL" % rI 4146 'SI XI • 1 ft. t vCREK BROWNS � CREE I WD le aterr li oral 'U95t m. 1 da Pa ■ r NV 36 IIIAL. •43 Hei•'ts r� • I ' *Pod 0 1 2 3 Miles ma 'el' �' I I MIDDLE I • I • ST. CROI I * - -►,� -r - IT! RIVER 1 N - - I - WMO r w.:h. 494 VALLEY B•• ,NCH - - ",``" WD _ I Minnesota 1 ' MSEY 1l • I aba&s of AS NGTON 1. Iliq I �O,.�i w. MGTDA. ' I� . • Page 1 of 14 Main Identity From: Jim Gilles <lakeland@isd.net> To: <dbeaudet@pro-ns.net> Sent: Friday, December 20, 2002 2:03 PM Attach: header.htm Subject: Joint Powers Agreement MSCWMO JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE MIDDLE ST CROIX RIVER WATERSHED THIS AGREEMENT, made and entered into as of the date of execution, by and between the units of Government within the Middle St. Croix River Watershed Management Organization each party realizes that the success or failure of the Middle St. Croix River Water Management Organization created by this agreement is dependent upon the desire of each member community to cooperate in the exercise of Joint Power to solve a common problem. Each party to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface Water Management Act (Minn. Stat. 1036.201 to E036.255). WITNESSETH: WHEREAS, the municipalities and townships located within the Middle St. Croix River Watershed have authority pursuant to Minn. Stat-471.59 to jointly and/or cooperatively by agreement, exercise any powers common to the contracting parties; and, WHEREAS, the parties are desirous of jointly, and cooperatively developing a Surface Water Management Plan for the Watershed and instituting programs to conserve soil and water resources through implementation of practices that preserve and use natural storage areas, control excessive volumes and rates of run-off, effectively reduce or prevent erosion and sedimentation, promote groundwater recharge, improve water quality and prevent flooding in order to protect and manage the natural and artificial water conveying systems of the Middle St. Croix River Watershed. NOW, THEREFORE, the parties to this agreement do mutually agree as follows: ARTICLE I General Purpose 1.1 It is the general purpose of the parties to this Agreement to establish an organization to jointly and cooperatively develop a Surface Water Management Plan and program to preserve and use natural or created water storage and retention system in order to: 1) Protect, preserve and use natural service and groundwater storage and retention systems; 12/29/02 • Page 2 of 14 2) Minimize public capital expenditures to correct flooding and water quality problems; 3) Identify and plan for means to effectively protect and improve surface and groundwater quality; 4) To establish more uniform local policies and official controls for surface and groundwater management; 5) Prevent erosion of soil into surface water systems; 6) Promote groundwater recharge: 7) Protect and enhance fish and wildlife habitat and water recreational facilities; and, 8) Secure the other benefits associated with the proper management of surface and groundwater. 1.2 The boundaries of the Middle St. Croix River Water Management Organization (hereinafter referred to as MSCWMO) are set forth in Exhibit I attached hereto and incorporated by reference herein and shall be hereinafter referred to as the "Area". In general, the plan may include projects which accomplish the following: a) Preserve and use natural or created water storage and retention systems in order to reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of run-off; b) Protect and improve existing water quality in lakes and streams through proper land use and appropriate conservation practices; c) Prevent flooding and erosion by implementing flood plain management and erosion control systems; d) Protect and enhance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to lakes, streams, and wetlands: e) Undertake needed programs to promote groundwater recharge and protection; f) Provide a mechanism for the review of local land and water management plans; g) Provide a forum for resolution of future intergovernmental disputes relating to the management and protection of the Middle St. Croix River Watershed; h) Provide cooperation on a united basis on behalf of all units of government within the area and with all other levels of government to facilitate natural resource protection and water management in the area. i) Provide means for review of development projects to ensure compliance with MSCWMO Water Plan requirements. 12/29/02 • Page 3 of 14 • ARTICLE II Definitions 2.1 For the purposes of this agreement, the terms shall have me meanings as defined in this Article. a) "Commission" The organization created by this agreement, the full name of which is the Middle St. Croix River Water Management Commission (MSCWMO). It shall be a public agency of its members. b) "Board" The Board of Commissioners of the Commission consisting of one Commissioner from each of the governmental units which is a party to this agreement and which shall be the governing body of the Commission, c) "Council" Means the governmental body of a governmental unit which is a member of this commission. d) "Governmental Unit" Means that City, Township. County. School District or other political subdivision cited in Minn. Stat. 471.59, Subd. 5. e) "Commissioner" Is any person appointed to the Commission by each council or in the Commissioner's absence, the alternate. f) "Middle St. Croix River Valley Watershed" Unless otherwise stated, means that area described and set forth within the map depicted in Exhibit 1 attached hereto and incorporated by reference herein. ARTICLE III Board of Commissioners 3.1 The governing body of the Commission shall be its board. Each council shall be entitled to appoint one Commissioner on the Board and one Alternate who may sit when the Commissioner is not in attendance and said Commissioner or Alternate shall be called a Commissioner. 3.2 Each Commissioner and Alternate shall be appointed for a three (3) year term and shall serve at the pleasure of the council appointing such Commissioner; and such Commissioner or Alternate may be removed by the council at any time for Just cause in accordance with Minnesota Statutes 1036.227, Subd-3; and Minnesota Rules Chapter 8410.0040. 3.3 Vacancies. A vacancy on the Commission shall be filled by the council whose membership position on the Commission is vacant. The vacant position shall be filled in accordance with the requirements as set forth within Minn. Stat. §1036.227 (1995). 3.4 Compensation and Expenses. The Commission member shall not be entitled to 12/20/02 Page 4 of 14 • compensation or reimbursement for expenses incurred in attending meetings, except to the extent the Council might determine to compensate or reimburse the expenses of the member it appoints in which case the obligation to make such payment shall be that of the individual council and not of the Commission. 3-5 Officers. The Commission shall elect from its membership a Chairperson, Vice Chairperson, Secretary and Treasurer and further officers as may be necessary to reasonably carry out the purposes of this agreement. All such officers shall hold office for a term of 2 years or until their successors have been duly elected by the members of the Commission. Any such officer may only serve, while a member of the Commission. Vacancies in office shall be filled by the membership of the Commission by election for the remainder of the unexpired term of such office. Duties of Officers 1. Chair- Presides over meetings, assists with preparation a/agenda, maintains and presents annual calendar of specific responsibilities. 2. Vice Chair- In the absence of the Chair, fulfills all duties of the Chair. 3. Secretary- Meeting minutes, prepare agendas, maintain membership list. 4. Treasurer- Maintains checkbook, financial reports at meetings, prepares budgets and billing statements, assists with yearly financial audit. 3.6 Quorum, A majority of the Board shall Constitute a quorum; in the absence of a quorum, a scheduled meeting shall be cancelled. 3.7 Meetings. The regular meeting date of the Commission shall be established by resolution of the Commission and may be changed from time to time, Special meetings shall be at the call of the Chair or by any member giving not less than forty-eight (48) hours written notice of the time. place and purpose of such meeting delivered or mailed to the residence of each Commission member or to the City Clerk for each member City and/or Township. All meetings of the Commission are subject to Minn. Stat. 471.705 (The Minnesota Open Meeting Law), and be governed by Robert's Rules of Order. Meeting dates, times, and locations will be posted in each governmental units official meeting place. 3.8 Commission Office. The office of the Commission shall beat: City Hall of Bayport. 294 North Third Street. Bayport, MN 55003. All notices to the Commission shall be delivered or served at said office. The designated office of the Commission may be changed from time to time upon an affirmative vote from a majority of its members at a regularly held meeting or special meeting called for that purpose. 3.9 Alternate Members. One alternate member to the Commission shall be appointed by each party to this agreement. Alternate members may attend any meeting of the Commission and in the absence of the appointed Commissioner have the right to vote on the behalf of the City or Township which the alternate represents. If a Commission member 12/29/02 0 • Page 5 of 14 is also an officer of the Commission, the alternate shall not be entitled to serve in the place of such officer when he is absent. 3.10 Voting. Any action taken by the Board shall be by majority vote unless otherwise stated herein or required by law. Amendments to the annual operating budgets require a two-thirds (2/3) majority of the Commission. Actions taken by the Commission to order projects or to assess members for improvements shall require a two-thirds (2/3) majority vote of the Commission; all other matters will carry by a simple majority. ARTICLE IV Commission Powers and Duties 4.1 Commission. The Commission shall have the powers and duties set forth within this article. 4.2 Rules and Regulations. The Commission may prescribe and promulgate such rules from time to time as it deems necessary to carry out its duties and the purpose of this agreement. 4.2 Surface Water Management Plan. As required by law. the Commission shall prepare a Surface water Management Plan to be completed by the date specified by law. The plan to be adopted by the Commission shall; a) Describe the existing physical environment, land use development within the Watershed area. and development proposed in existing local and metropolitan comprehensive plans; b) Present information on hydrological systems and their components and existing and potential problems related thereto; c) State objectives and policies including management principals, alternatives and modifications, water quality, and protection of natural characteristics; d) Set forth a management plan, including the hydrologics and water quality conditions that will be sought and significant opportunities for improvement; e) Describe conflicts, if any, between the Watershed Plan and existing plans of local government; f) Set forth an implementation program consistent with the management plan which includes capital improvement programs and standards and schedules for meeting the comprehensive plans and official controls of local government units in the Watershed to bring about conformance with the Watershed Plan; and, g) Set out a procedure for amending the plan. The Watershed Management Plan shall be subject to. local government review as required by the Act. 4.4 Local Water Management Plan. After consideration, but before adoption by it's governing body, each member shall submit it's Local Water Management Plan to the Commission for review of it's consistency with the Watershed management Plan of the Middle St. Croix Watershed. Each member may also adopt, by resolution, the Middle St. 12/29/02 • • Page 6 of 14 Croix Watershed Plan, as it's own local plan. The Board shall approve or disapprove each Local Water Plan or parts thereof. The Board shall have sixty (60) days to complete it's review. If the Board fails to complete it's review within the prescribed time period, unless an extension is agreed to by the party submitting the plan, the proposed plan shall be deemed approved. 4.5 Information and Data, The Commission may acquire and record such information and data within the Middle St. Croix Valley Watershed area as it deems necessary to accomplish its purpose as set forth herein. Such information or data as collected, shall be fully available for all members of the Commission and the public. 4.6 Claims. As provided within Minn, Stat. §1038.211 subd. 1, the Commission may enter upon land within or without the Watershed to make surveys and/or investigations to accomplish the purposes of the Commission. The Commission shall be liable for actual damages resulting from entry but every person who claims damages shall serve the Chairman or Secretary of the Board of Commissioners with a Notice of Claim as required by Minn, Stat. 466.05. 4.7 Contracts. The Commission may make such contracts and enter into such agreements as necessary to fulfill its obligations under this agreement. Such contract or agreements shall be in accordance with the Municipal Contracting Law as set forth within Minn. Stat. §471.345 et seq. 4.8 Employment and Professional Services. The Commission may obtain such professional services and/or contract for services and may also utilize existing staff of the parties to the extent that the member parties consent thereto. They may also employ such other persons as it deems necessary. If staff services of a party are utilized, such services shall not reduce the financial commitment of the parties to the operating fund of the Commission unless the Commission so authorizes the same by a majority vote of the Commission members in such cases as where the utilization of staff services are to be substantial. 4.9 The Commission may appoint citizen and technical advisory and sub-committees as it deems necessary. 4.10 The Commission may also establish and provide for a newsletter in the manner prescribed within Minn. Stat. §1038.227 subd. 4. 12/29/02 Page 7 of 14 • • 4.11 The Commission shall be authorized to fund projects by use of an ad valorem tax authorized under Minn- Stat. §1036.241 in addition to the cost of preparing plans to implement same. MSCWMO and its local government units may accumulate the proceeds of levies as an alternative to issuing bonds to finance improvements. 4.12 Pursuant to the authority of Minn. Stat. §iO3B.211. this Water Management Organization shall have the authority of a watershed district under Section 103D.911 to adopt a budget, and to decide the total amount necessary to be raised from ad valorem tax levies to meet the budget and further the authority of watershed districts under Section 103D.915 to certify its budget with the auditor of Washington County; and the authority of a watershed district under Section 103D.901 to file approved assessment statements with each affected county and finally have the other powers necessary to exercise the authority under clauses 1 - 3 of Minn. Stat. §1038.21 I subd. 1 including the power to enter into contracts for the performance of functions with government units or persons. ARTICLE V Annual Budget/Administrative Funding 5.1 Method of Operation. The Commission may collect and receive money and services subject to the provisions of this agreement from the parties and from any other sources approved by the Commission and it may incur expenses and make expenditures and disbursements necessary and incidental to the effectuation of the purposes of this agreement- Funds may be expended by the Commission in accordance with procedures established herein. Orders, checks and drafts shall be signed by the Chairperson or Vice- Chairperson and the Treasurer. Other legal instruments shall be executed on behalf of the Commission by the Chairperson and the Secretary. 5.2 On or before August I of each year, the Commission shall prepare an annual work program relating to implementation of the Water Management Plan and other watershed issues. 5.3 Operating Funds. On or before August I of each year, the Commission shall prepare an operating budget for the following year for the purpose of providing funds to operate the Commission's business. . 5.4 Notwithstanding the provisions of Article of IV of this agreement, the annual administrative expenses shall be budgeted and borne by each voting member in the following manner a) 40 percent shall be borne based upon the total acreage of each community based 12/29/02 • • as a percentage of the acreage of the entire Watershed; Page 8 of 14 b) To determine the tax capacity portion of each community in the watershed to use in the formula described hers, the total tax capacity of the particular community is multiplied by the percentage of the acreage that particular community has within the watershed. Twenty percent shall be borne by each party based upon the tax capacity of it's area of the watershed as a percentage of the tax capacity of the entire Watershed; c) To determine the population portion of each community in the watershed to use in the formula described here, the total population of the particular community is multiplied by the percentage of the acreage that community has within the watershed. Forty percent shall be borne by each party based upon population of its area of the watershed as a percentage of the Kola/population of the entire Watershed area. The budget shall be adopted by the Commission upon three-fourth (3/4) majority approval of all voting representatives at the Commission. After approval, the Secretary shall certify the adopted budget to each governmental unit on or before September 1 of each year. together with a statement showing the amounts due from each period. Each Governmental unit shall pay over to the Commission the amount owing, in two (2) equal installments, the first on or before January 1. and the second on or before July 1, in accordance with the tax year for which the amount due is being paid. 5.5 Annual Accounts. By May 1 of each year, the Commission shall make and file a full and complete financial report, an activity report and an audit report to each council and to the State Board of Water and Soil Resources, in accordance with Minnesota Rules. Chapter 8410.0150. ARTICLE VI Works of Improvement 6.1 Initiation of Improvement Projects. Works of improvement for the protection and management of the Watershed including but not limited to improvements to the property, land acquisition, easements. or rights-of-way may be initiated by recommendation of the Commission or petition to the Commission by the governing body of a party or parties. In either case, the Commission shall conduct a study to determine first, whether or not such proposed improvements are consistent with the water management plan adopted by the Commission and will result in a benefit to the area in part or in whole, and second, whether or not the proposed improvement is feasible and as to whether it should be best made as proposed or in connection with some other improvement. Finally, the Commission shall determine the estimated cost of the improvement as recommended. Upon concluding such determination, the Commission may make a recommendation of the improvement to each governing body of the units of government which the Commission 12/29/02 • Page 9 of 14 determines will be directly benefited thereby. The recommendation of the Commission shall include a description of the proposed improvement together with its estimated costs and all engineering or staff reports related thereto. In the event the original proposal for the improvement was submitted by all the units of government that are specifically and directly benefited by the proposed improvement, such a recommendation from the Commission to the local unit of government shall not be required. Upon the submission of such a recommendation, if required above, to the governmental unit, each such governmental unit to whom the Commissioners submitted the recommendation shall respond in writing within ninety (90) days of the date of receipt of the recommendation. In the event the local governmental unit does not respond within ninety (90) days of the date of receipt the recommendation of the Commission, the local governmental unit shall be deemed to have consented to the improvement. In the event any governmental unit directly benefited by any proposed improvement timely objects to same, such proposed improvement may only be ordered by the Commission after conducting a public hearing on the improvement and then only on an affirmative vote of two-thirds (2/3) of the commissioners. Such public hearings shall be noticed and conducted in the manner established and set forth in Minnesota Statutes 129.031. 6.2 Local Improvements. When works of improvement are initiated by the governing body of a party or parties, said party or parties shall submit a petition to the Commission setting forth the description of the proposed work and the improvement, the benefits to be realized by said improvements, its total estimated cost and a statement of its feasibility, The Commission shall review and make recommendations on the proposed improvement and the compliance with the Commission's Management Plan in accordance with the provisions of this agreement all to be submitted back to the local unit of government within ninety (90) days of the date of receipt of the original proposal. In the event the Commission does not respond to the local unit of government within ninety (90) days of the date of receipt of the proposal for improvement, the Commission shall be deemed to have consented to such proposal for improvement unless an extension of time has been granted by the local unit of government. In reviewing the proposal of the local governmental unit for improvement projects, the Commission shall determine whether or not the same is consistent with the Watershed Management Plan adopted by the Commission. In the event the Commission determines the proposed improvements by the local unit of government to be inconsistent with the Watershed Management Plan as adopted by the Commission, the Commission shall so notify the local unit of government in the time prescribed above and in such case the local unit of government shall not proceed with the proposed improvement. 6.3. Tax District. Each governmental unit may establish a watershed management tax district for the portion of its corporate boundaries which lie within the Watershed for the purposes of paying the cost of the planning required to develop a Surface Water Management Plan, or Implement capital Improvement projects. The tax district shall be established pursuant to the provisions of Minnesota Statutes Section 103 B.245. Neither the provisions of this agreement or the establishment of a tax district shall prevent the 12/29/02 . Page 10 of 14 0 governmental units from electing to finance capita! improvements by other means, such as establishing a storm water utility. 6.4 Assessment Appeals As to all works of improvements initiated by or improved by the Commission, each party shall have the right to appeal from the assessments levied by the Commission as to each member and as to all such assessment procedures and the right of review thereof, the provisions ofMinnesotaStatutes429.061.429.071 and 429.081 are hereby adopted and incorporated as part hereof. ARTICLE VII Miscellaneous Provisions 7-1 Insurance. The Commission may contract for or purchase such insurance as the Commission deems reasonable. 7.2 The Commission shall not have the power to levy a special assessment on any privately or publicly owned land. The Commission shall have the power to require any member to contribute to costs allocated or assessed according to the other provisions of this agreement. 7.3 The Commission shall not have the power to issue certificates. bonds or Warrants. 7,4 The Commission shall not have the power of eminent domain and shall not own any interest in real property. (All interests in land shall be held in the name of the corporate member wherein said lands are located). ARTICLE VIII Duration 8.1 Each member agrees to be bound by the terms of this agreement until such time as it is dissolved. 8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth below or by the unanimous consent of the parties of this agreement. 8.3 Dissolution. Any governmental unit may petition the board to dissolve the agreement. Upon thirty (30) days notice in writing of each governmental unit, the board shall hold a hearing and upon a favorable vote by three-fourths (3/4) of all the eligible votes of the then 12/29/02 Page 11 of 14 • • existing board of representatives. the board may by resolution, recommend that the Commission be dissolved. Said resolution shall be , submitted to each governmental unit and if ratified by three-fourths (3/4) of the governmental units within sixty (60) days, said board shall dissolve the Commission allowing a reasonable time to complete work and progress and to dispose of personal property owned by the Commission, if any. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof together with monies on hand shall be distributed to the governmental units of the Commission. Such distribution of the Commission assets shall be made in proportion to total contribution of the Commission required by the last annual budget. ARTICLE IX Effective Date This agreement shall be in full force and effect upon the filing of the certified copy of the Resolution approving said agreement by each governmental unit. ARTICLE X Amendment The Commission and/or the Councils of the parties may recommend changes and amendments to this agreement. Such recommendation shall be forwarded in writing, to all of the Councils of the parties. Amendments shall be adopted by three-fourths (3/4) vote of the governing bodies of the parties within ninety (90) days of the referral. However, any amendment which changes the method of approval for improvements or the financing of the Commission must be unanimously approved. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date of complete execution of the parties. CITY OF AFTON SEAL Dated: By: Mayor ATTEST: City Clerk CITY OF ST. MARY'S POINT SEAL • 12/29/02 Page 12 of 14 • • Dated By: Mayor ATTEST: City Clerk SEAL CITY OF LAKE ST. CROIX BEACH Dated By: Mayor ATTEST: City Clerk CITY OF LAKELAND SHORES SEAL Dated By: Mayor ATTEST: City Clerk CITY OF LAKELAND SEAL Dated By: Mayor ATTEST: City Clerk TOWN OF WEST LAKELAND SEAL Dated By: Chairperson ATTEST: 12/29/02 • • Page 13 of 14 City Clerk CITY OF BAYPORT SEAL Dated By: Mayor ATTEST: City Clerk TOWN OF BAYTOW N SEAL Dated By: Chairperson ATTEST: City Clerk CITY OF OAK PARK HEIGHTS SEAL Dated By: Mayor ATTEST: Administrator CITY OF STILLWATER SEAL Dated By: Mayor ATTEST: City Clerk TOWN' OF STILLWATER SEAL Dated By: Chairperson ATTEST: City Clerk 12/29/02 • 1/1A , 1,77 .); & /,---6291.4— crl- - "ae..5'',/i--/- - //2-4_09 /%.---- C ( r 44th /ti..- tell‘p e Anon- ter-- e g1 r ,4,o d 19 -b reh°/14- p,A.-1 ,.) AA/Art-7 �fi_ _ �,, __ eLQA-4--1 Fo A 6 SJ W a pi-, (r.5--9-100.-c-) L_O 6,0 7 ti 1: Add-i -6 00P-4?)01_,AE.4,c c3-tca.... - l'i141, , tt 0 111 ill poi/LAN 1 i< 02-) ,,s) �2 L �� 0-2 Pmt iii 1-6 F.--z ..v.d c) -)4/ c,v4...4 t_e.„-_/j 00 -44-‘ i Rif Pi2A.,u-A-.. p,y,-,..., comb __.--., - i'l ( Ill 1! clipov 4-- w mA ii ,;) im-i-L- .1 ,,J,!, . RA-5 ,___ io, A.,„ , 11, ii,,,_ , Lzhik, t--- 6,--p.. 0,5*- /, 1 ii.: -'2,..‘.,1-- AA wiu-- n-L------- &Dp'4 6 6,4),6,40 , is,_. 6)-tx S ) Hr 4- ,4,„0,,,c.„0,,n: 4z, 0, r, ii; L 206 i, � . ^ ' w'^' • • Lejis(ative Associates, Inc. P.O.Box 1131 11013otb Street,Suite Soo Stiffwater,MN 55082 (651)439-7681 wasbington,D.C.20007 (202)625-4356 Fax(651)439-7319 Fax(202)625-4363 May 12, 2002 To: Members, Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Jim Cosmo, Mayor, Cityof Bayport Dave Beaudet, Mayor, ity of Oak Park Heights Jay Kimble, Mayor, City of Stillwater Nile Kriesel, Acting Administrator, City of Bayport From: Ed Cain, LAI Subject: Legislative Action: Status and Update on the State Storm Sewer in Bayport Finally, the House/Senate Conference Committee has resumed their negotiations on the Bonding Bill this past week. This has given more time to talk with the individual Members of the Conference Committee, so this time has not been wasted. On Wednesday, the Senate made a new offer to the House reducing their total Bill to$970 million. This created some considerable consternation because our project was zeroed out under the Department of Corrections budget in the Senate offer. After discussions with the Chairman and staff, they told me they had moved the project from Corrections to the Waste Water Infrastructure Fund (WIF) in the Department of Trade and Economic Development. Now, I have to make sure the funds are specifically designated for our project. We don't want to have to work under WIF regulations which are very specific and limiting. The House still has the Bayport storm sewer project under Corrections. This will create some problems to make sure that we end up with the right language in the Bill, and in a Department that we can work with, without getting the project funds withheld because of regulations that were not intended for our type of project. The funding amount included in both bills is$1.55 million. In a meeting with Mayor Cosmo, Jeff Davis of SEH, and myself, the Mayor brought to light some additional work that needed to be done on the project. SEH estimated the work would cost an additional $200,000. Unfortunately, the Committees didn't choose to increase the amount of the grant after the bills introduced by Senator Bachmann and Representative Holsten had been heard and approved. An increase would have required them to go back through the entire committee process again. If we get decent bids for the construction of the final stage, and the 25%contingency built into the budget isn't used up, we should be okay. The Legislature is suppose complete their work by the end of this week, however, my best guess is they will go till the end of May. Call me if you have questions. Ed • • 13 CITY OF BAYPORT �_. 294 North 3rd Street Bayport, Minnesota 55003-1027 Phone: (651)439-2530 Memo Date: July 26, 2002 To: Kim Kamper-Acting Oak Park Heights City Administrator,David Beaudet-Mayor of Oak Park Heights,Jim Kosmo-Mayor of Bayport, Jeff Davis - SEH From: Dan Johanneck- City Administrator RE: Meeting Notice Reminder& Procedural Question-Discuss Planning of Possible Stage Two Options for State Storm Sewer This Meeting will be held at the Bayport City Hall in the Conference Room at 8:30 a.m.on Wednesday,August 7th. The plan is to discuss the State Storm Sewer project,project funding, and explore any possible alternatives to the original location of the stage two piping. This discussion is pursuant to the request from the Mayor of Oak Park Heights Dave Beaudet to explore options in an effort to relocate the pipe. I am a little concerned that parties with interest in the project are not going to be present for the meeting. I understand that there has been interest expressed by NSP and the State Correctional Facility in the possible changes to be incorporated into stage 1 of the project. It would seem logical that those persons be invited. Please contact me and let me know if you think this is appropriate and who the possible contacts at those facilities may be so that I may notify them of the meeting. Dan Johanneck= City Administrator 2a.iv / • CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 MemoPhone: (651)439-2530 Date: July 26, 2002 To: Kim Kamper-Acting Oak Park Heights City Administrator, David Beaudet-Mayor of Oak Park Heights, Jim Kosmo -Mayor of Bayport,Jeff Davis- SEH From: Dan Johanneck- City Administrator RE: State Storm Sewer Project Funding Information I have read hundreds of pages of material including the legislation for both grants,the grant applications budget materials and maps and drawings and here is what I found: ' 1. The original grant was for preliminary design and study of project and amounted to $650,000.00. Of that original amount about$219,000.00 remains as stage 1 design engineering was credited to that grant. (Report by Mr. Hartung from fall of 2001). • The original grant for construction of stage 1 was$2.68 million. We have a balance of about $1.1 million after payment of all outstanding invoices to date less the allocation of about $100,000 for administration expenses. There are a couple of invoices remaining for work to be done with"as-built"drawings yet to be delivered on this stage. 3. The original grant of$650,000.00 does have a clause tied to it which requires return of unused funds by July of 2003. As confirmed by State staff. 4. There was concern about reimbursing local funds spent before the project was undertaken. The language in the grant and reporting documentation refers to grant money received from the state to be in addition to the local funding provided($180,000)and NOT as reimbursement. In the application it even refers to the local funding as local contribution to the project. As such my understanding is that local dollars spent to date are not reimbursable and represent a local commitment or matching funds for the project. All Grant balances are being confirmed by state staff as these are paid out as reimbursements of invoiced costs. If you have any questions or concerns,I will be happy to discuss them at the meeting on August 7,2002. Respectfully, Dan Johanneck-City Administrator 24V S 110 - ii,. Legislative Associates, Inc. P.O.Box 2131 IIOI 30th Street/Suite 500 Stillwater/MN 55082 (651)439-7681 Washington/D.C.20007 (202)62.5-4356 Fax(651)439-7319 Fax(202)62.5-4363 January 21, 2003 To: Members, Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Wendy Lindquist, Project Administrator, Bayport Rick Schneider, City of Bayport Dave Beaudet, Mayor, City of Oak Park Heights Jay Kimble, Mayor, City of Stillwater From: Ed Cain, LAI Subject: Legislative and Administrative Action on the State Storm Sewer in Bayport Funds for Additional Work on the Alternate Cut-off from Perro Creek: In response to the WMO's request that I talk with State officials regarding the engineering work required for the alternate cut off of Perro Creek, I spoke first with Lee Mehrkens, Capital Budget Coordinator for the Department of Finance. He referred me to the Agency administering the project for specific instructions. The Public Facilities Authority(PFA)of DTED is handling the initial$650,000 grant we received in the 1998 Bonding Bill to fund engineering work and plans and specs. I then talked with Terry Kuhlman, Head of the PFA, and Dennis Feist, Project Administrator. Terry indicated he would be glad to complete the 1998 project, and Dennis provided me with additional information. The Governor issued a memo last week to all agencies, curtailing all spending and payments, however, I was able to work around that with the Agency. There is no objection to the work we have planned that the WMO approved last meeting. Legislative Action on the $1.55 million Request: During the 2002 Session of the Legislature we were able to get approval from both the House and the Senate in the Bonding Bill to complete work on the State Storm Sewer Project. Currently, the replacement is complete from the Prison complex to the St. Croix River. The final work will be West of the prison from the Prison Pond to the Prison complex. Our former Governor decided it was not important to complete the project after about$3 million has already been spent, and vetoed the Legislative action using his"Une Item Veto" power. We are attempting this year to get the Legislature to reinstate the$1.55 million passed, but vetoed, last year. Senator Keith Langseth has included the State Storm Sewer Project in his bill, S.F. 2, which reinstates all the projects vetoed by the Governor last year. I will get bills introduced in both the House and the Senate for the project to insure the required hearings to move the action through the process. Those bills will be introduced on thefloor of the House and the Senate either next week, or the first week in February, depending on the Floor calendars. (1) ' • • I will request Hearings in the appropriate Committees. There will probably be between 4-6 legislative hearings in both policy and finance committees. This is a long Session of the Legislature this year that will likely go well into May. This should not delay the bidding, however, on the remainder of the construction work this coming Spring. I will be at the WMO meeting of February 12, to update the Members, and be available for any questions. Ed 411, Adopted 2003 Middle St, Croix Watershed Management Organization Budget Adopted:August 8, 2002 Citi••s/Tow Revenue $70, 00 Ado• ed • 2002 Budget 2003 Budget Expense Item In :;e„"' $.,600 $2,600 Minutes/Reports %4P,;;- _.-,-` Administration '.3,000 $3,000 er Monitoring $3,000 $3,000 Washington SWCD $700 Audit $250 $250 Contingency. $450 $4 I • Legal $3,000 $3,000 New Water Plan $20,000 $55,000 Projects $0 $0 $35,000 $70,000 A 111) . 1 il Legislative Associates Inc. 1 P.O.Box 2131 3 St�II II013otb Street Suite o0 1t��Wa teY MN 55082 i! � 5 Wa n D.C. (651)439-7681 i 20007 Fax(651)439-7319 r (202)625-4356 Fax(202)625-4363 C M y 12, 2002 To: Members, Middle St. Croi Watershed Mgt. Org., John McPherson, Chair Jim Cosmo, Mayor, City Bayport Dave Beaudet, Mayor, Ci of Oak Park Heights Jay Kimble, Mayor, City ofl Stillwater Nile Kriesel, Acting Admini$trator, City of Bayport From: Ed Cain, LAI I Subject: Legislative Action: Status ind Update on the State Storm Sewer in Bayport Finally, the House/Senate Conference Committee has resumed their negotiations on the Bonding Bill this past week. This has given more time to talk with the individual Members of the Conference Committee, so this time has not been wasted. On Wednesday, the Senate madea new offer to the House reducing their total Bill to$970 million. This created some consi_erable consternation because our project was zeroed out under the Department of Cor ctions budget in the Senate offer. After discussions with the Chairman and staff, hey told me they had moved the project from Corrections to the Waste Water Infrastru ure Fund (WIF) in the Department of Trade and Economic Development. Now, I have to ake sure the funds are specifically designated for our project. We don't want to have to j ork under WIF regulations which are very specific and limiting. II The House still has the Bayport stIII rm sewer project under Corrections. This will create some problems to make sure that we end up with the right language in the Bill, and in a Department that we can work with, without getting the project funds withheld because of regulations that were not intended for ou type of project. The funding amount included in both bills is$1.55 million. In a meeting with Mayor Cosmo, Jeff Davis of SEH, and myself, the Mayor brought to light some additional work that needed to be done on the project. OEH estimated the work would cost an additional $200,000. Unfortunately, the Committee didn't choose to increase the amount of the grant after the bills introduced by Senator Bachmann and Representative Holsten had been heard and approved. An increase would have required them to go back through the entire committee process again. If we get decent bids for the construction of the final stage, and the 25% contingency built into the budget isn't used up, we should be okay. ii The Legislature is suppose com ete their work by the end of this week, however, my best guess is they will go till the end f May. Call me if you have questions. Ed ii I. • IfiLegislative Associates, Inc. P.O.Box 2131 not 30t 1 Street,Suite 500 Stiffwater,MN 55082 W D.C.2000 01439-7681 �n9toni 7 (2o2)625-4356 Fax(651)439-7319 Fax(202)625-4363 October 22, 2002 To: Members, Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Al Schultz, Bayport Andy Hansen, Baytown Township Dave Beaudet, Mayor, City of Oak Park Heights From: Ed Cain, LAI Subject: Funding for the State Storm Sewer in Bayport: Fact Sheet 1. Legislative Action: • Requested$1.55 million in the 2002 Bonding Bill. • Both the House and the Senate included this amount in their respective bills. • The$1.55 million in the Bonding Bills passed by both Houses, and sent to the Governor for his signature. • Using his"line item veto"authority, the Governor vetoed the State Storm Sewer funding as well as a number of other items. IL Legislative Plans for 2003: • The Senate plans to include all the issues vetoed in 2002, in the 2003 Bonding Bill. • The House will review all the projects vetoed, but will likely include many of them in the 2003 Bonding Bill: III. Legislative Funding: • !998 -The Legislature provided $685,000 to the WMO to fund the engineering and preconstruction costs for the project. • 1999-The Legislature turned down the WMO request for Stage 1 construction. • 2000-The Legislature approved $2.68 million for Stage 1 construction. IV. Expenditures and Balances: • 1998 Funds- Preconstruction work was completed at a cost of$466,000. This leaves a balance of$219,000, available until July, 2003. (1) 4 I i • 2000 Funds - Stage 1 work was completed at a cost of approximately$1.55 million, leaving a balance of$1.1 million. • Current project expenditures are$2,016,000 showing a total balance is $1,390,000. V. 2003 Funding Request: • If we receive the$1.55 million we requested last year, and the budget estimate is Gose to accurate we will be required to turn back the$1.39 million unspent balance. • We will have to present our budget, both oral and writen, before six House and Senate Committees plus the House/Senate Conference Committee. • Since the Department of Finance was questioned regarding the balance existing from the 1998 appropriation, it is very likely that that this fact will be brought out when we testify before the Legislature. If this occurs, they will likely also ask about expenditures and balances for Stage 1. • The result of these queries would result in a reduction of the$1.39 balance in the account, from the$1.55 requested in the 2003 Bonding Bill. VI. Project Needs Discussed but Not Included in the Original Budget Request: • Early testimony before the Legislature emphasized the flooding of Perro Creek and the City of Bayport resulting from the closing of the storm sewer by the State that served the Prison Pond and the Correctional Facility. • An injunction was filed against the City in the 1980's by home owners as a result of the problems and flooding of their homes. • The flooding problem due to the freezing of Perro Creek during the Winter months can be resolved by the construction of an alternate direct outlet from Perro Creek directly to the St. Croix River. VII. A Proposed Solution: • Engineering work begin as soon as possible for Stage 2 including the soil borings and other work required to construct as alternative direct outlet. • This engineering work would permit the modification of the budget to incorporate the alternate direct outlet, and clarity the financial requirements for the construction of Stage 2. • The engineering work, modified plans and design for Stage 2 will reduce considerably the balance of the 1998 appropriation. • The raising of the water level of the Prison Pond and the bridge, and the deepening of the sewer line to accommodate the needs of Oak Park Heights, plus the construction of the alternate direct outlet is estimated to use much of the$1.1 million balance from the 2000 appropriation for Stage 1 construction. This action will permit us to go before the committees with a budget fully justified. We will avoid changing significantly the amount requested and passed by the House and the Senate in the 2002 Bonding Bill. (2) 10/17/2002 11:56 FAX X003 III • A _A E D F F G H I .1 K 1 2 Phase 2 Update 3 , Costs are based on a rough average of previous bid cited Feb.6 2061 4 5 ' PHASE 2 6 01458.201 , Mechanical Analysis-Gradation Each 4.0 160.00 640 7 01458.202 Standard Proctor Each 4.0 160.00 640 _ 8 01455203 'Density-Nuclear Each 10.0' 75.00 750 9 01458.204 Density-Sand Cone Each 4.0 100.00 400 10 01458205 Concrete Compression Test Each 3.0'7- 150.00 450 11 01458.206 Bituminous Extraction Each 3.0 175.00 525 12 91458.207 . Marshall Density Each 2.0 165:00 330. 13 01505.2 _ Mobilization-Phase 2 LS 1.0 40,000.00 4 ' 40000 14 X01541.201 Commit Laborer Hour 32.0, 60.00 1920 15 01541.202 3 C.Y.Shovel Hour 24.0 i 185.00 4440 16 01541203 . 0ozer Hour 24.0. 130.00 3120 17 01541.204 12 C.Y.Truck Hour 24.0 60.00 1440 18 01541.205 3 C.Y.Front End Loader ' Hour 24.0 120.00 2880 1S 01541.206 , Tin F Ner Hour 24.0 9000' 2160 20 01555.2 ntsnar�oe&Reatoraticn of 21 Haul Roads-Phase 2 LS 1.0 6.000.00 6000 22 015582 Maintenance of Traffic-Phase 2 - LS 1.0 3,500.00 3500 23 01574.2 Water for Dust Control-Phase 2 M Gal. 2.0 200.00 400 24 021402 ;r Dewatering-Phase 2 LS 1.0 9,500.00 9500 25 02228.201 Remove Bit.Pavement-Phase 2 SY 500.0 2.50 1250 26 02228.7 Sawing Pavement-Phase 2 IF 100.0 4.00 400 27 ,02228.9 Abandon Pipe-Sand Fill-Phase 21 LF 930.0 12.00 11160 28 02228.10 Abandon Pipe-Grout Fill-Phase F LF 400.0 26.00 10400 29 02228.12 Bullhead Pipe-Phase 2 LS 1.0 10,000.00 10000 30 02232.2 Clearing and airing-Phase 2 LS 1.0 5,000.00 5000 r 31 022902 ;Cofferdam-Plase2 1 Each 4.07 4^,000.00 , 16000- _ 32 02316.3 Murk Excavation-phase 2(EV) CY 230.0 20.00 4600 33 02316.6 Select Gran.fir,Roadwa Ply CY 150.0 7.50, , 1125 34 02318.8 T..<-•'I Borrow-Phase • CY 7000' 13.00 9100 35 02316.1 - -ged opsoil - Phase 2(CV) CY •08.0 9.00. 8100 36 023182 Coarse Filter Ao.Pipe 37 Foundation-Phase 2 Ton 800.0 14.00 11200 38 '02318.4 Granular Pipe�iundation-Phase! Ton 350.01 9.00 3150 39 02318.7 Replacement Backfill-Phase 2 CY 300.0 9.00 2700 40 0231810 Rock Excavation-Phase 2 CY 10.0 75.00 750 41 02318.12 Bentonite Cutoff-Phase 2 Each 2.0 600:00 ` 1200 42 02372.2 .Bale Check-Phase 2 Each 1 8.0 12.00 96 43 02372A Sat Fence,Heavy Duty-Phase 2 LF 800.0 2.50 2000 44 02372.6 r'Floaticn Silt Curtain-Phase 2 LF h 500.0 13.00_ 6500 45 02376.3 Random Riprap-Class III-Phase GY~ 40.0 80.00 3200 46 02376.7 Geote[Dle Filter,Type IV-Phase 2 SY 80.0 3.50 280 47 02630.201 18-RCP Storm Sewer,Class IV LF 0,01- 26,00, 0 48. 02 .202 18*RCP Storm Sewer,Class V "LF • 260.0 55.00 14300 49 02830.203 24"RCP Storm Sewer.Class V LF 10000 65.00 65000 50 02630.204 51 112"Span Arch RCP Storm Sevres LF 0.0 140.00 0 51 (48 ArchtClass Ill 52 02630.205 241 Flared End Section vrl Trash Gi Each --a- 1,050.00 0' 53- 02630206 151 1f2"Flared End Section ve Trasl Each ? 0:0 ` 1.650.001 0 54 02630.207 Manhole,Type B LF19.2 175.00 3360 55 02630.208 Manhole,.Type E LF - 61.0_ 510.00 31110 r 56 02630.209 Manhole Casting,Type R-1733 LF 2.0 375.00 750 57 02630.210 Manhole 27 LF 17.1 _ 1,200.00 20520 58 102630211 Connect to tnplace Storm ...-r- Each ~ 1.0 1,000.00 1000 59 02630.212 -36"RCP Storm Sewer,Class V LF 200.0, 110.00 22000 60 02630213 48-RCP Storm Sewer,Class V 1F 0.0 140.00 - D_ 61 02634.1 Adjust Frame&Ring Casing-Phat Each 2.0 350.00 700 62 02722.2 Agg.Base,Cl.5„100%Crushed - 63 Limestone-Phase 2 CY 250.0' 23.00 5750 64 02742.4 Type 41 Wear Course Mixture-Ph Ton _- 30.0 75.00_ 2250 65 02742,5 Type 31 BinderCourseMixture-Pt Ton 0.0 45.00 0 �� 10/17/2002 11:55 FAX 2002 • 41110 A - r DE F GH 1 .I K 66 02742.6 -T pe 31 Base Course Mixture-Ph. Ton 30.0 75.00 2250 .. 67 02748.1 -Bit. Material for Tack Coat-Phase 2.00 20 88 02920.151 Seedin�,}c - r 6.0- 225.00 IN 1350 89 02920.152 ® eed,Mixture 600 Lb - 450.0 IN 3.25- 1462.5 70 02920.153 Ma,L,:awl-1.r"i1Ty,• Ton ill 8.0 MI 200.00 w 1600 71 02920.154 -Disc Anchori • Acre - 4.0- 75.00- 300 72 02920.155Polypropylene Plastic Netting SY 3000.0- 1.00- 3000 73 02920.156 -Wood Fiber Blankets,Type Regula SY 3000.0 1.25 3750 74 02920.157 Commercial Fertilizer,Analysis 12- Lb 500.0- 0.30- 150 75 02920.158Agricultural Lime Ton 0.3 11111120.00- 36 76 03300.2 •Concrete Walls- Phase 2 CY II 11.0 I. 1,000.001M 11000 77 .50102 IN 1.. Bracket-and •`. -Phase LS IR 1.0 9,500 - 05 9500 78 010.3 Access Door(Hatch)-Phase 2 � 1.0 1111 5,500.00 III 5500 79 05010.4 Grating-Phase 2 LS 1.0 11111 80 11280.1 2'Wide x 2'High Sluice tate LS I 1.0 IIIII 12,000.00- 12000 1.1111111. � 882 -an •d Operator Inlet Structure LS II 1_MI 20000 MIMI 83 -Storm - Jackin• LF 1111 150.0- 475- 71250 84 ing ::ter/grout rte- 50000 85 r TOTAL ALTERNATE PHASE 211�NI �==== 87 State of MI ■=ota Storm Sewer Cost Summary20%Cont. 1. 110542.9 88 Phase 2 r� • 89 �111=- 7.4 Estimated • 90 91 Const '• E., $663,00092 C• ,• ost Escalation 6%to FY 2002 $40.000.�� ._ 93 Easements 7Z-• Pond/NSP Pond $75.000--k\-IMI sitiort 94 0 •, Guidelines $50,000 I1111 _1111 95 - ase 2 $75,000 r-k_Ind i'tn"r 111:1 , 96 Misc. • -,'•,M Prices Atter Construction $60.000��IMIEVIIIIIII�� 97Et ,•i , ; •.ilyb 20% Included in =traction 11111111M11111.1 98 Reid Se ".7.2• =-,:. During onstruction $224,000 -__� - 99 City Amin' ..-I $40.000 -_Mr�� 100 Raise OPH E 1 stem w/desi.n $225,000, �- III 101 Water I.. eating $10.000 MN-A� 102 Bank Stabi ' • $25 000-�111 /1111 103 -I 1.1111111111111111111/4111.11111111 104 Total Ph--._ •sts $1,483,000 Add$50..1 1 ... long term operation 50000 106105 1111.410 107 Project and OperationMI 108 Cost $1.533,000 - COS' CM ihAavY E NOP Could. NC. n& ' j, OO.00O Do S N thsitesteD aesrS, t4e.t.0 10 . fixt mt. U '- is f4 'two wHaT Is aur if. Raft WsAtom �`--1 4111 • IliLegislative Associates Inc. P.O.Box 2131 110130th Street,Suite 500 Stillwater,MN S5082Washingtoni D.C.20007 (651)439-7681 (202)625-4356 Fax(651)439-7319 February 17, 2002 Fax(2o2)625-4363 To: Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Jim Cosmo, Mayor, Cityof Bayport Dave Beaudet, Mayor, yp ity of Oak Park Heights Jay Kimble, Mayor, City of Stillwater Nile Kriesel, Acting Administrator, City of Bayport From: Ed Cain, LAI Subject: Legislative Action: Status and Update on the State Storm Sewer in Bayport We are attempting to secure funding for Stage 2 of the Storm Sewer Project in the 2002 Legislative Session. The original figure requested was $1.55 million to complete the project. An important issue was brought to the attention of the engineers, the administrator, and myself at a meeting in Bayport by Mayor James Cosmo. His concern was regarding the access to maintenance for the project change which required the pumping station to be located in the center of the Prison Pond rather than at the side. This factor, in addition to some change orders, and a yet to be received, final billing from the contractor has increased the cost of Stage 2 to$1.75 million. Even with the increase, Stage 2 will cost about $750,000 less than the$2.5 million anticipated in 2001. I invited both the House and the Senate Capital Investment Committees to visit the site last Fall. With a very crowded schedule, Chairman Jim Knoblach declined because his Committee had visited the project in 1998. Senator Keith Langseth accepted, and his Committee did come to Bayport where we a had an opportunity to meet with the Senate Committee and staff. Mayor Jim Cosmo, Jeff Davis (SEH), and I presented our needs to the Committee with strong support from Senator Michele Bachmann, who is a member of the Capital Investment Committee. It appeared to be well-received. In early January, Jeff • Davis and I met with Senator Langseth and his staff at a breakfast meeting in St. Paul, and discussed the project further. He was very positive at that time. The Legislative Session: Last Tuesday, February 12, the Senate marked up their Bonding Bill for the 2002 Session. They included $1.55 million in the bill for the Bayport WMO Project. He did not include the amended $200,000 we needed. I will work on that with the House Members and in the Conference Committee. I have met with Representative Knoblach and his staff a number of times both this Session and last, and provided them with the materials and information they need and have requested. We are anticipating a hearing before his Committee on Thursday, February 21, 2002. The Legislators said they wanted to finish before Easter this year. No one believes them, however, including themselves. My best guess is we'll probably get our final answer sometime in early May. Please call if you have questions. Ed • I Middle St. Croix Watershed Management Organization January 9, 2003 Bayport City Hall APPROVED 1. Call to Order Manager McPherson called the meeting to order at 7:04 P.M. Members Present John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Allen Schultz, Bayport; John McPherson, West Lakeland; David Beaudet, Oak Park Heights; Jim Gilles, Lakeland, Ron Nelson, Stillwater. Absent: Pat Tinucci, Afton,representative from Lakeland Shores and Vicky Green. Vicky is being replaced by Jim Gilles, Lakeland. Others in Attendance: Bob Fossum, WCD, Stu Grubb, Emmons & Olivier Resources, Bob Craggs, Mayor of Lakeland and Dawn Hilde, Recording Secretary 2. Approval of Minutes Manager Jansen made a motion to approve the amended minutes for December 19, 2002 MSCWMO meeting, seconded by Manager Beaudet. Vote: 6/0. 3. Treasurer's Report-Anders Hansen Manager Hansen arrived at 7:15P.M. a) Report of Savings Account Assets. The bank balance as of December 31, 2002 is $35,981.73. b) Approve payment of bills Manager Hansen presented one bill in the amount of$115.00 for Secretarial Services. This bill covers three months of service. Manager Nelson made a motion to pay this bill, seconded by Manager Gilles. Vote: 7/0. c) Annual Fees from Municipalities—Anders Hansen The MSCWMO decided to send out a reminder letter to the cities to send in their WMO payments by February 1 and July 15, 2003. Manager Hansen stated the League of Minnesota Cities needs all the managers' names so they can insure each one individually. The MSCWMO asked Manager Hansen to include in the billings a statement to each city to name their representative for the MSCWMO. MSCWMO Minutes for January 9,2003 Page 1 of 3 • 4111 4. Old Business a) Watershed Management Plan-Update The MSCWMO received two proposals for the Second Generation Plan; Washington Conservation District and Emmons & Olivier Resources Inc. After a short review, the MSCWMO concluded the total costs for both proposals were quite similar. Manager McPherson suggested the managers review the proposals and then accept one of them at the next meeting. Manager Hansen made a motion to accept the WCD proposal, seconded by Manager Beaudet. Manager Jansen added an amendment to this motion that if another proposal should be available on Friday, January 10, it would have to be considered if it met the RFP requirement of being delivered to the Bayport City Hall by 3:00P.M. on Thursday,January 9. Manager Beaudet seconded this amendment. Vote on motion: 7/0. Vote on amendment to the motion: 7/0. Manager Beaudet made a motion for the Chair of the MSCWMO to sign the contract with WCD after the MSCWMO attorney has reviewed and approved the contract, seconded by Manager Jansen. Vote: 7/0 Manager Beaudet will deliver the contract to Attorney Vierling for review. 5. NEW BUSINESS a) Bayport West—Environmental Assessment Worksheet-Update Bayport City Council has ordered the EAW with an emphasis on water quality and traffic. Bob Craggs, Mayor of Lakeland, asked how many homes would be built in this development. Manager Schultz replied the number has been reduced to approximately 600. c) Routson Motors - Update The storm water management at Routson Motors is still not working as well as expected. Manager Schultz expressed concern with water flowing down the blacktop and ending up in the Prison Pond. 6. Other Agenda Items Manager Jansen brought to the attention of the MSCWMO, each city, township, and county with a boundary on the St. Croix River in Wisconsin and Minnesota would be receiving a letter from Terry Moe, Wisconsin DNR inviting them to appoint a member to the Partnership Team. This Partnership Team will elect a representative to participate as a non-voting member of this Management Commission(2 DNR's and NPS). Also, the Partnership Team would exercise oversight of zoning and planning decisions to attempt better uniformity between states. MSCWMO Minutes for January 9,2003 Page 2 of 3 • 7. Establish Next MSCWMO Meeting Date, Time and Location The next MSCWMO meeting will be Thursday, February 13, 2002 at a site to be determined. 8. Adjourn The MSCWMO thanked Manager Schultz for his participation on the board. Manager Hansen made a motion to adjourn the meeting, seconded by Manager Jansen. Vote: 7/0. Meeting adjourned at 8:35P.M. Respectfully Submitted, Dawn Hilde, Recording Secretary MSCWMO Minutes for January 9,2003 Page 3 of 3 • ' ' • Middle St. Croix Watershed Management Organization February 13,2003 WCD Offices DRAFT 1. Call to Order Meeting called to order at 7:03P.M. by Manager McPherson. Members Present John McPherson, West Lakeland; John Jansen, Lake St. Croix Beach; Anders Hansen, Baytown Township; Jim Gilles, Lakeland; Ron Nelson, Stillwater; Les Abrahamson, alternate for David Beaudet, Oak Park Heights; Robert Kamps, Bayport. Absent: Pat Tinucci, Afton; Judy Bellairs, St. Mary's Point; Representative, Lakeland Shores. Others in Attendance: Dawn Hilde, Recording Secretary, Todd Erickson, Foltz, Freeman and Erickson, Bob Fossum,WCD, Ed Cain, Lobbyist. 2. Approval of Minutes Manager Anders made a motion to approve the January 9, 2003 amended minutes, seconded by Manager Gilles. Vote: 7/0 3. Treasurer's Report—Anders Hansen a) Report of Savings Account Assets The bank balance as of February 1 was $35,864.21. Baytown paid their assessment for$3,565.66. The present balance is $39,429.87. b) Approve payment of bills Bills in the amount of$267.44 from the WCD were presented for payment. Manager Gilles made a motion to pay these bills, seconded by Manager Jansen. Vote: 7/0 c) Annual Fees from Municipalities Oak Park Heights, Lake St. Croix Beach and West Lakeland have voted to pay their MSCWMO assessments. Bayport will be voting on their assessment payment at the next meeting. Anders Hansen asked each manager to remind his or her councils that the additional assessment is not for lobbying,but for completing a Second Generation Plan. Draft Minutes for the MSCWMO,February 13,2003 Page 1 of 3 • • e- 4. Old Business a) Watershed Management Plan—Update Bob Fossum stated there are seven criteria to be met to remain viable as a Water Management Organization. The Watershed Management Plan is the main focus. Manager Jansen stated if the WMO does not maintain, and continue working on a Plan, the county would dissolve us. The levy was increased to cover costs of the Second Generation Plan and will go down in 2004. Manager Jansen stated the concept of the WMO is and always has been to do what needs to be done. Bob Fossum met with Phil Belfiori, BWSR, to get some ideas on how to proceed. Mr. Belfiori suggested the WMO focus on how the Plan is going to be used. • What does the WMO want to work on? • Try to select a few things important to the WMO and do them well. • What resources need to be protected? Bob suggested a workshop before the next meeting to identify issues. John McPherson asked Bob what he had in mind? Bob responded he felt the most important issues are education, storm water, erosion and sediment. Bob would like to include Phil Belfiori in this workshop. The meeting was set for February 24 from 3:00-5:OOP.M. Bob will send out an agenda. b) Routson Motors—Update No response. 5. New Business a) Bayport West—Environmental Assessment Worksheet—Update Nothing new. b) McKean Square—Update Todd Erickson from Folz, Freeman and Erickson, attended the meeting to explain the preliminary plans for this development. The developers are working with the City of Oak Park Heights for the city's permits. Brown's Creek Watershed District has given their approval if the city approves. Manager McPherson asked Bob Fossum to review these plans and present his findings at the next meeting. Oakgreen Village—Todd Erickson Their development plans include ponding to keep the storm water within Oak Park Heights and Middle St. Croix Watershed District. They are planning on meeting the City of Oak Park Heights' requirements for rates. Draft Minutes for the MSCWMO,February 13,2003 Page 2 of 3 c) 1111 2003 Administrative Services Contract—Bob Fossum The rates are higher for 2003 including review fees. Bob Fossum asked the Middle St. Croix Watershed District to approve this contract with the WCD for Administrative Services. Manager Jansen made a motion to approve the WCD contract for Administrative Services for 2003, seconded by Anders Hansen. Vote: 7/0 6. Other Agenda Items a) Ed Cain,Lobbyist for the MSCWMO—Update Senator Langseth has introduced a bill that includes all projects vetoed by the Governor last year. Mr. Cain was not convinced that this bill would pass. Mr. Cain has had a separate bill introduced. This bill is assigned to Commerce, Jobs & Economic Finance Committee. In the Senate the Finance Committee will address this. Mr. Cain felt there would be several hearings before bonding. He is very optimistic. Manager Beaudet will attend as many hearings with Mr. Cain as possible. Last year the MSCWMO contacted the Corps of Engineers to help study flooding problems along the river. The Corps has been directed to do the study. The cost will be approximately $300,000 and will come out of the Corps of Engineers budget. The study will include flooding, environ- mental restoration, water quality and developing a comprehensive watershed management plan. Mr. Cain will ask the Corps to contact Bob Fossum. b) Fourth Annual St. Croix Basin Water Resources Conference— Manager Jansen This conference will be held Thursday, February 20, 2003 at Trollhagen, Dresser, Wisconsin. 7. Establish the next MSCWMO meeting date,time & location The next meeting will be March 13th at the WCD offices, 7:00P.M. 8. Adjourn Manager Hansen made a motion to adjourn, seconded by Alternate Manager Abrahamson. Vote: 7/0 Meeting adjourned at 8:12P.M. Respectfully Submitted, Dawn Hilde Draft Minutes for the MSCWMO,February 13,2003 Page 3 of 3 • S Legislative Associates, Inc. P.O.Box 2131 II013oth Street,Suite 500 Stillwater,MN 55082 Washington,D.C.20007 (651)439-7681 (202)625-4356 Fax(651)439-7319 Fax(202)625-4363 February 20, 2003 To: Members, Middle St. Croix Watershed Mgt. Org., John McPherson, Chair Rick Schneider, Mayor, City of Bayport Dave Beaudet, Mayor, City of Oak Park Heights Jay Kimble, Mayor, City of Stillwater Wendi Lindquist, Acting Administrator, City of Bayport From: Ed Cain,LAI Subject: Legislative and Administrative Action on the State Storm Sewer in Bayport HF 262 was introduced by Representative Eric Lipman in the House, and SF 326 was introduced by Senator Brian LeClair in the Senate. Both bills are identical, and request $1.55 million to complete the State storm sewer system extending from the Prison Pond through the Prison complex to the St. Croix River. The House Bili was referred to the Economic Development Finance Committee, and the Senate Bill to the Senate Finance Committee. (Copies are included in this mailing.) Currently,there is no discussion about a Bonding Bill in the Legislature. While the leadership will not commit to a Bonding Bill at this time, I can confidently assure you that there will be one this Session. Right now, all of their attention is directed toward the budget hearings. Bonding, however, is the only area that provides any financial flexibility with the Governor's"No new taxes pledge." Senator LeClair, and other Members, asked the Governor about bonding at a breakfast meeting on Wednesday the 19th. He ask them not to push their projects until later in the Legislative Session, so this will delay our Hearings until mid or late April. I will keep you informed of the progress of the Bonding Bill as the Session moves forward. SEH is moving forward on the development of plans and specs, and other prec onstruction issues for the final stage of the project. This work is financed from the initial bonding appropriation of$650,000 received for the project in 1998. Middle and Lower St. Croix River Study: Congress responded to our request to direct the Corps of Engineers to conduct a reconnaissance study of the Middle and Lower St. Croix River. A copy of the resolution and the letter from the Chairman of the Transportation and Infrastructure Committee, Representative Don Young, is endosed. The study will look at flooding,water quality, run off, and other issues. If there are additional issues that need study, we should get a letter to Colonel Robert Ball, at the Corps'St. Paul District Office. It was your organization that took the first step to get this work approved by Congress. Call me if you have questions. Ed H.F No. 262, as introduced 2/20/03 11:44 AM • Legislature Home I Search I He r t 0 Minnesota " House of Representatives House I Senate I Legislation & Bill Status I Laws, Statutes & Rules I Joint Depts. : KEY: stricken = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above,you need to change the display of stricken and/or underscored language. Authors and Status ■ List versions H.F No. 262,as introduced: 83rd Legislative Session(2003-2004) Posted on Feb 3,2003 1.1 A bill for an act 1.2 relating to capital improvements; authorizing the 1.3 issuance of state bonds; appropriating money to the 1.4 city of Bayport to complete a sewer system project. • 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [APPROPRIATION.] 1.7 $1,550,000 is appropriated from the bond proceeds fund to 1.8 the city of Bayport for the Middle St. Croix River Watershed 1.9 :%n+! ill" I . .1. _ ! .e1 tllr -,ir =111 - 1! _1! 1.10 from Minnesota department of natural resources pond 82-310P (the 1.11 prison pond) in Bayport through the Stillwater prison grounds to 1.12 the St. Croix River. 1.13 Sec. 2. [BOND SALE.] 1.14 To provide the money appropriated in this act from the bond 1.15 proceeds fund, the commissioner of finance shall sell and issue 1.16 bonds of the state in an amount up to $1,550,000 in the manner, 1.17 upon the terms, and with the effect prescribed by Minnesota 1.18 Statutes, sections 16A.631 to 16A.675, and by the Minnesota 1.19 Constitution, article XI, sections 4 to 7. 1.20 Sec. 3. [EFFECTIVE DATE.] 1.21 Sections 1 and 2 are effective the day following final 1.22 enactment. http://www.reviaor.Ieg.stete.mn.us/cgi-bin/getbill.pltsession-Is83&version-latest&number..HF262&session_number-0&session_yeer-200f age 1 of 1 S.F No. 326, as introduced 2/20/03 12:02 PM �►- Legislature Home Search I Ha Minnesota Senate House I Senate I Legislation & Bill Status I Laws, Statutes & Rules ( Joint Depts. KEY: teert = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above,you need to change the display of stricken and/or underscored language. Authors and Status • List versions S.F No.326,as introduced: 83rd Legislative Session (2003-2004) Posted on Feb 7,2003 1.1 A bill for an act 1.2 relating to capital improvements; authorizing the 1.3 issuance of state bonds; appropriating money to the 1.4 city of Bayport to complete a sewer system project. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [APPROPRIATION.] 1.7 $1,550,000 is appropriated from the bond proceeds fund to 1.8 the city of Bayport for the Middle St. Croix River Watershed 1.9 Management Organization to complete the sewer system extending 1.10 from Minnesota department of natural resources pond 82-310P (the 1.11 prison pond) in Bayport through the Stillwater prison grounds to 1.12 the St. Croix River. 1.13 Sec. 2. [BOND SALE.] 1.14 To provide the money appropriated in this act from the bond 1.15 proceeds fund, the commissioner of fingnce shall sell and issue 1.16 bonds of the state in an amount up to 51,550,000 in the manner, 1.17 upon the terms, and with the effect prescribed by Minnesota 1.18 Statutes, sections 16A.631 to 16A.675, and by the Minnesota 1.19 Constitution, article XI, sections 4 to 7. 1.20 Sec. 3. [EFFECTIVE DATE.] 1.21 Sections 1 and 2 are effective the day following final 1.22 enactment. bttp://www.revisor.Ieg.state.mn.us/egi-bin/getbill.pl?session-Is83&version.Ietest✓ksessioq_aymber-08session_year-200310umber-.t32?age 1 of 1 • .P. 3Finu. a ofittpresentattuts Committee on Transportation anti 3nfratitructure mon young ��; ;obington, IBC 20515 James i.Oberotar Chairman Ranting Jemotratic illettiter Lloyd A.Jones,Chief of Staff September 26, 2002 David Heymsfeld,Democratic Chief of Staff Elizabeth Megginson,Chief Counsel Honorable Mark Kennedy U.S. House of Representatives 1415 Longworth House Office Building Washington,D.C. 20515 Dear Mark: Enclosed is a copy of a resolution adopted on September 25,2002 by the Committee on Transportation and Infrastructure to authorize the Secretary of the Army to conduct a study for a potential water resources project on the Middle and Lower St. Croix River,Minnesota and Wisconsin. A copy of the resolution is being transmitted to the Department of the Army. I am pleased to have been of assistance to you in this matter. Sincerely, DON YO Chairman DY:dc Enclosure • 1110 ';;1111 II`"s 40. . . 3Iouur ofittpreottrtattuto Committee on transportation anb 3lnfragtructure Noon poung :gbington, )9C 20515_ 3ainelsI.Oberntar Chairman tanking aemotratit flembe Lloyd A.dories,Chief of Staff David Reyssteld,Democratic Chief of Eta Elizabeth Megginson,Chief Counsel COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE U.S. HOUSE OF REPRESENTATIVES WASHINGTON,D.C. RESOLUTION Docket 2705 Middle and Lower St. Croix River,Minnesota&Wisconsin Resolved by the Committee on Transportation and Infrastructure of the United States House of Representatives,That the Secretary of the Army is requested to review the report of the Chief of Engineers on the St. Croix River,Wisconsin and Minnesota,published as House Document 462,71'1 Congress,2nd Session,and other pertinent reports to determine whether modifications to the recommendations contained therein are advisable at the present time in the interest of flood damage reduction, environmental restoration and protection,water quality and related purposes to include developing a comprehensive coordinated watershed management plan for the development,conservation,and utilization of water and related land resources in the St. Croix River Basin and its tributaries. Adopted: September 25, 2002 ATTEST: 441- DON YO G CHAIRMAN WASHING SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 , StrUWater,MN55082 .... (651)43.0-6820 F'a;-(641)\4,30 6819 MINNESOTA 't MAR SOIL AND WATER CONSERVATION DISTRICTS February 21,2002 Mr.David Beaudet, Middle St. Croix WMO c/o City of Bayport FAXED AND MAILED 294 North Third Street FAX#351-0857 Bayport,MN 55003 RE: Proposed Routson Parking Lot Expansion project—City of Oak Park Heights Dear Ken: Our office has received and reviewed the construction plans, dated August 23 and revised September and November 14, 2001, for the proposed Routson Parking Lot expansion project. The project sisite is located at the existing Routson Motors, in Section 33, Town 30 North, Range 20 West, City of Oak Park Heights. This project involves creating new parking lot and stormwater ponding facilities on existing Routson property. As part of our review we visited the site. The Washington SWCD has no direct regulatory authority over this project and our review is being made on behalf of the Middle St. Croix Watershed Management Organization. Based upon the site conditions observed and the proposed plans we would offer the following additional comments: 1) Stormwater Management The project proposes to create approximately one acre of new parking lot (impervious surface) from vacant land(pervious surface). Water quantity and quality ponding is currently proposed along the eastern edge of this site. While the applicant appears to document adequate storage and rate control for the pond, we still have a concern for the off-site drainage going to the landlocked basin on the northeast end of the proposed pond. The City of Oak Park Heights must be prepared for the eventuality that runoff WILL occur from this during frozen ground conditions, back-to-back storms or after siltation has occurred in the pond sealing�s bottom from infiltration. The a..licant should also document where off-site draina:e :oes and wh this will not cause erosion problems. Further, it should be determined when, how or if this off-site drainage will be connected into a public drainage system. I hope that these comments will assist you with the review and comment on this project. If you have any questions,please feel free to call me at 430-6826. Sincer y, "lea, Mark J. Doneux, CPESC* ater Resource Coordinator AN EQUAL OPPORTUNITY EMPLOYER • cc: Kim Kampers,Acting City Administrator, City of Oak Park Heights Rich Revering,Ultteig Engineers, inc. 5201 East River Road, Suite 308,Minneapolis,MN 55421 *Certified Professional in Erosion and Sediment Control E:\wp\wp\WSD\MSCWMO\Routson Motors 02-21-02 Comment letter.DOC • _ J