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PAUL, MINNNESOTA 55108 612-414-6970 December 8, 1997 TO: Oak Park Heights City Council FM: David Hozza RE: Process for Amendment to State Bonding Bill for Prison Pond Pipe Repair After talking with David Beaudet and visiting the state capitol to get committee assignments, the following probably will be the process for passing an amendment to the state bonding bill for the repair of the Prison Pond pipe: Step 1 : David Beaudet meets with prison officials on Wednesday, December 9, 1997, to apprise them of the intentions of OPH and the Watershed Subdistrict. Step 2: Beaudet, along with the watershed district's MacPherson, meet with Sen. Laidig and Rep. Holsten to enlist their support to introduce an amendment to the state bonding bill. Step 3: Assuming Laidig and Holsten are willing to help, they request the Revisor of Statutes to draft the appropriate language to amend the bonding bill. Also, they recruit co-authors on each side of the aisle in both bodies. Step 4: Both the OPH City Council and the Watershed Sub-district should pass resolutions of support for the amendment. Attached to the resolution should be a document that makes a case for the repair, why it is a state obligation and the subsequent amendment to the bonding bill to fund the repair. Step 5: The resolutions of support along with the case statement should be sent to Governor Carlson, to Sen. Laidig, to Rep. Holsten and to Assistant Finance Commissioner for Debt Management Peter Sausen. Step 6: On the first day of the legislative session, January 20, 1998, Sen. Laidig and Rep. Holsten introduce the bill into their respective bodies and request that it be sent to committee. In the House, the committee will be the Capital Investment Committee. Membership for that committee is attached to this memo. In the Senate, where the bill should be send is less clear because it could go to one of three committees handling bonding requests. However, since Sen. Laidig sits on the Senate's State Government Finance Committee, chaird by Sen. Cohen, that would seem to be the appropirate place for the bill to be referred. Membership of that committee is attached to this memo. Step 7: Both Rep. Holsten and Sen. Laidig request hearings on the amendment. The City Council should authorize David Beaudet to represent the city and the watershed sub-district should do the-same`,thing. Also, assuming it is the will of the city council, David Hozza should be authorized to represent the city at the legislature on this matter. Step 8: The committees will finish their deliberations and report all bills to the floor by the end of February, 1997. (Please see attached bill). Each house of the legislature will consider the bill. No doubt, there will be differences between the two bills. Because of the differences, the bill will be sent to conference committee and once agreement is reached, the bill will be sent back to each floor, where it will be acted upon and sent to the Governor for his signature. Best guesses are that the legislature will finish its business by April 1 , 1998. Hopefully, the appropriate language for funding the Prison Pond Pipe repair will be in that bill. Please call me if you have any questions. Thank you. 4 MINNESOTA HOUSE CAPITAL INVESTMENT COMMITTEE Kalis (DEL) , Chair Lindner (R) Luther (DFL) , Vice Chair Mariani (DFL) Dempsey (R), Ranking Minority Munger (DFL) Bettermann (R) Murphy (DFL Bishop (R) Opatz (DFL) Clark (DFL) Solberg (DFL) Davids (R) Rhodes (R) Jefferson (DFL) Rostberg (R) Knoblach (R) Smith (R) Kubly (DFL) Trimble (DFL) MINNESOTA SENATE STATE GOVERNMENT FINANCE COMMITTEE Cohen (DFL) , Chair Lessard (DFL) Janezich (DFL) , Vice Chair Limmer (R) Frederickson (R), Ranking Minority Metzen (DEL) Dille (R) Morse (DFL) Fishbach (R) Ourada (R) Johnson, O.B. (DFL) Solon (DFL) Junge (DFL) Stumpf (DFL) Laidig (R) Wiener (DFL) [SENATEJ 1 cp SCRES-6-97 • IUv - . ) i 4 specified in Joint Rule 2.02 shall have their reports on the 2 members' desks by the last Thursday on which the Legislature can 3 meet in regular session [May 15, 19971 . After the last Friday 4 on which the Legislature can meet in regular stssion [May 16, 5 19971 , neither house shall act on bills other than those 6 contained in: 7 (1) Reports of Conference Committees; 8 ( 2) Messages from the other house; 9 ( 3) Reports of the Committee on Rules and Administration in 10 the Senate or the Committee on Rules and Legislative Administration in the House; or 11 frofeceD 12 (4) cL `&'4$ 14-• Messages from the Governor. e g 13 (d) In even-numbered years the Legislature shall establish 14 by joint rule or by concurrent resolution deadlines based on the 15 date intended to be the date of adjournment sine die. f!' 16 In 1998, the first committee deadline is Friday, February 17 13, the second committee deadline is Friday, February 20, and 18 the third committee deadline is Friday, February 27. In 1998, 19 the first and second deadlines apply to all bills except the 20 major appropriation bills specified in Joint Rule 2.02 . 21 AMENDING HILLS ORIGINATING IN OTHER HOUSE 22 Rule 2.04. Either house shall have the power to amend any 23 bill, memorial, or resolution passed by the other house. 24 RECEDING FROM POSITION 25 Rule 2.05. Prior to a Conference Committee on any matter , 26 either house may recede from its position on any difference 27 existing between the two houses. In order to recede, and if the 28 matter is not in the possession of a house, that house shall 29 request return of the matter from the other house. To recede, a MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES SEPTEMBER 25, 1997 MEMBERS PRESENT: Anders Hansen BAYTOWN TOWNSHIP Barbara Cobb ST. MARY'S POINT Evan Anderson LAKELAND David Beaudet OAK PARK HEIGHTS Allen Schultz BAYPORT Shawn Sanders STILLWATER Jack Weib AFTON, alternate OTHERS PRESENT: Ken Hartung BAYPORT ADMINISTRATOR Mark Doneux WASHINGTON COUNTY SWCD The.meeting was called to order at 7:10PM by acting Chair, Barb Cobb. MOTION WAS MADE by Beaudet and SECONDED by Hansen to approve the minutes of the July 16, 1997 meeting correcting the last sentence of the first paragraph under New Business to read,"Removing sediment does not deincrease volume. MOTION CARRIED. TREASURER'S REPORT MOTION was made by Weib and SECONDED by Beaudet to accept the Treasurer's Report subject to audit. MOTION CARRIED. Balance=$16,746.86. All 1997 member assessments are in. MOTION was made by Beaudet and SECONDED by Schultz to pay the following bills: MOTION CARRIED. Wash.Cty SWCD $440.00 Check # 605 The Courier $2.75 Check # 606 **Hartung will make further arrangements for the year end Audit . SWCD REPORT: Doneux reported that the Wetland Management "agreement" has not been finalized. He also reported on a meeting with Met. Council regarding the city ordinance minimum standards for compliance with the Surface Water Mgmt. Act. * (a copy of the standards is attached for those not in attendance) The member's Clerks will be contacted to ascertain compliance and the WMO will consider such as a 'review". PERRO POND UPDATE: Cobb distributed two "working reports" to help with the discussion: (a) Perro Pond/Creek Project Time Line , (b) Option for Concluding the Perro Project. It was reiterated that the WMO plan identifies the Perro problem and gives it implementation procedures, so the question is not, should the WMO do the project, but how does the WMO do the project. Currently, NO work has been instigated (due to the funding questions) on the July '97 WMO sub-watershed vote to have SEH explore grants and determine final cost estimates for Route B piping. MUCH DISCUSSION: Some highlights: Beaudet: The study & piping implementation project planned does not deter the water problems during a summer event. During a 100 year event , 65 cf per second of water flows from Perro Pond into the creek and joins water from the "stream" communities as i Piping water from the pond will not curtail the summer flooding of Perro Creek and the cost formula is unfair to the upstream communities - it sets "them" as the main culprit of the flooding problem, when in fact the downstream communities have a major impact on summer flooding. Future development in OPH will be controlling their own water and will not further fill Perro pond. The prison originally diverted the water for their use - they should be required to fix the winter flooding problem and pressure to do so should come from area legislators. Cobb: The current inflow/outflow of Perro Pond during a 100 yr. event is at a 9 to 1 ratio. Without the pond controlling water from upstream communities, the creek would be a river and a detention pond system would have to be built. In a summer event, the 65 cfs from the pond is always added to the lower "stream" communities discharge. Is that what actually precipitates summer flooding? What is the total stream capacity capability? Hartung: There was some summer flooding this past year. Bayport has replace three major drainage structures along the creek - two that are sized for flow from a major portion of the watershed. "Bottom line": OPH would like the WMO to make a greater effort to secure financial support, if not total $commitment, for the winter flooding structure from the prison - MN. Dept. of Administration controls the Correctional Facility. Members agreed to grant OPH time to seek such support . Beaudet will report at the Jan. WMO mtg. HARTUNG REQUESTED CONTINUED SUB WATERSHED FINANCIAL SUPPORT FOR WINTER MAINTENANCE TO DIVERT WATER. NEW BUSINESS: a) WMO Reviews: The project referral reminder letter and map sent to all member municipalities was discussed. The WMO thanked the SWCD for its fine job. Sanders questioned the referral of such projects as driveways. Doneux said "yes" - if the water drainage effects two communities, the WMO must review the plans. He acknowledged that developers work on a timed schedule and that a special WMO meeting can be called if the timing is adversely affected by our every other month schedule. b) REGULAR MEETING DATE CHANGE: The regular meeting date of the WMO was changed to the SECOND THURSDAY OF THE MONTH. c) Visioning development of bluff above Lakeland: The WMO will facilitate a meeting in Nov. between Afton, Valley Branch Watershed District, and Lakeland to take a proactive look at the water drainage effects of future development on the Afton bluff area. Date to be announced. d) Review of Andersen Corp. Weathering Research Site: Reviewed isPIV SWCD recommendations. Sanders questioned use of fiber blankets rather than • requested seeding. Doneaux said the side slopes 5 to 1 and drainage can be �j t curtailed through seeding of root grasses. MOTION was made by Beaudet and Q a` SECONDED by Hanson to give an approval project with listed stipulations. e) Interest was positive regarding funding an SWCD position for a WMO administrator position shared by between 3/5 water mgmt. organizations. 1, October 6, 1997 To: Mayor, Council, Administrator From: Judy Holst, Deputy Clerk/Fiance Director Re: Middle St. Croix WMO SEH Bills I have received the information from City of Bayport regarding the SEH bills for the Prison Pond North Outlet Structure. I am attaching copies of the bills along with a copy of the Joint Powers Agreement between Bayport, Oak Park Heights and Stillwater. The estimated cost, per the agreement was $26,600.00 for the feasibility study. Bayport also applied for a Flood Hazard Mitigation Grant with the DNR for$11,000.00. The excess amount of$15,600.00 was split among the three Cities. Oak Park Heights' portion, per the agreement, was $7,820.00. This amount was paid to City of Bayport in 1996. The total amount paid to SEH for bills through August 1997 was $26,405.20. , SEH INVOICES INVOICE NO. 36964 (copy enclosed) $1,744.51 INVOICE NO. 37458 (copy enclosed) $7,080.83 INVOICE NO. 37908 (copy enclosed) $369.02 INVOICE NO. 38418 (copy enclosed) $8,430.84 INVOICE NO. 38921 (copy enclosed) $1,156.74 INVOICE NO. 39361 (copy enclosed) $424.20 INVOICE NO. 39850 (copy enclosed) $458.00 INVOICE NO. 40320 (copy enclosed) $1,283.63 INVOICE NO. 40982 (copy enclosed) $2,977.16 INVOICE NO. 41543 (copy enclosed) $1,268.46 INVOICE NO. 41945 (copy enclosed) $740.72 INVOICE NO. 42287 (copy enclosed) $471.09 $26,405.20 • JOINT POWERS AGREEMENT • FOR THE FEASIBILITY STUDY OF THE PRISON POND NORTH OUTLET STRUCTURE THIS AGREEMENT is made and entered into by and between the Cities of Bayport, Oak Park Heights and Stillwater and Baytown Township pursuant to provision of Minnesota Statutes Chapter 171.59 . WITNESSETH: WHEREAS: The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands which drain storm water into the Prison Pond (DNR Protected Water 310P) , and all of which have the power to construct, reconstruct, extend and maintain storm drainage facilities, and; WHEREAS: There presently exists no way to drain the Prison Pond during extreme cold months of winter, and; WHEREAS: The local governments of Bayport, Oak Park Heights, _ _. Stillwater and Baytown Township wish to study the possibility of constructing a North Prison Pond Outlet structure to facilitate winter drainage of the Prison Pond, and; WHEREAS: Short-Elliott-Hendrickson has submitted a proposal outlining the Scope of Work required to study the feasibility of constructing a Prison Pond North Outlet structure for an estimated cost of $26, 600.00, and; WHEREAS: The local governments of Bayport, Oak Park Heights, Stillwater an Baytown Township believe it is in their best interest to proceed with the Feasibility Study as outlined by Short-Elliott-Hendrickson, and; WHEREAS: The City of Bayport has entered into an agreement with Short-Elliott-Hendrickson to conduct a Feasibility Study for construction of the North Prison Pond Outlet structure, and; WHEREAS: The City of Bayport has entered into an agreement with the State of Minnesota Department of Natural Resources for a flood Hazard Mitigation Grant in the amount of approximately $11,000.00, and; WHEREAS: The governmental units which are parties to this Agreement mutually desire to contribute to the cost of the Prison Pond North Outlet structure Feasibility Study in excess of the amount of the Grant from the DNR 1 which costs are estimated to be Fifteen Thousand Six Hundred Dollars ( $15, 600.00) . NOW THEREFORE: it is mutually agreed by and between the above named governmental units as follows : 1. Cost Participation. The governmental units hereby agree to contribute to the cost of the Prison Pond North Outlet Structure Feasibility Study based on an estimated cost of Fifteen Thousand Six Hundred Dollars ($15, 600 . 00) as follows : Bayport 26.65% $ 4,158.00 Baytown Twp 18.93% 2,953.00 Oak Park Heights 50.13% 7,820.00 Stillwater 4.29% 669.00 In the event the actual cost of conducting the Feasibility Study over and above the Grant received from the State of Minnesota is greater or less than the sum of Fifteen Thousand Six Hundred Dollars ($15, 600.00) , the contributions from the individual government units shall be adjusted proportionately based on the above set forth percentages. The governmental units hereby agree to contribute to the cost of the Prison Pond North Outlet Structure Feasibility Study as per the percentage stipulated above. 2. Payment by Individual Governmental Units It is contemplated that all work associated with the Feasibility Study will be done on a unit hour basis. The work is contemplated to be finished by November 1, 1996. The individual governmental units hereby agree to pay the sum set forth in Paragraph 1 on or before November 1, 1996. Upon completion of the Feasibility Study, a final bill for the cost of the study will be prepared and the individual governmental units will be billed or reimbursed by the City of Bayport for the amounts due pursuant to this agreement. Any additional sums due by the individual governmental units shall be paid within 60 days after receipt of the bill by the City of Bayport. 2 . 11 3. Termination This Joint Powers Agreement shall be terminated upon the final acceptance of the Prison Pond North Outlet Structure Feasibility Study and the final payment by the individual governmental units to the City of Bayport of the individual governmental units proportionate agreed upon share of the cost of said study. 4. Amendment This Agreement may be amended only by written mutual consent by all parties hereto. IN WITNESSETH THEREOF: The parties to here have caused this Agreement to be executed by their respective duly authorized representatives. Dated: 9/36/9 CITY OF BAYPORT By: ii� r Its .yo tsAdmini=trator Dated: 1U//L ei �P CITY OF STILLWATER By: _ !e!"40/' By. /1 (� �� I.J7 Administrator 3 1 Dated: lv /_, CITY OF OAK PARK HEIGHTS By: AA.A46.*-A--a- c 62e—&-52-- Its Mayor BY d� // Its Adminiztra or Dated: /P) - /!o - 9 6 BAYTOWN OWNSHIP I /i By: JL.rAL'l .. 1 iI. . „S1A Its Board IF ir J I ` By: 411) . - / � _ .L Its Clerk 4 INVOICE ,594 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION October 30, 1996 Invoice No. 36964 _ Project No. AMSCWM9601 .00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending September 30, 1996 Professional Personnel Hours Amount PROJECT MANAGER 4.0 356 . 31 SR. PROF ENGINEER 2.0 185.64 PROFESSIONAL ENGINEER 13.0 tl 875.16 STAFF ENGINEER 5.0 ` :' 235.35 BIOLOGIST 0.5 8 31.41 Totals 24.5 1,683 .87 Total Labor 1,683.87 Reimbursable Expenses EMPLOYEE MILEAGE 44.64 CELLULAR/PAGERS 16.00 Total Reimbursables 60.64 60.64 Subtotal $ 1,744.51 '-tea y2d/ _____ -- -- , if -' ,2( ;., /X6/9:c- SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER • . . INVOICE 3535 VADNAIS CENTER DRIVE.200 SEH CENTER,ST PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION November 25, 1996 Invoice No. 37458 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending October 31., 1996 Professional Personnel Hours Amount PROJECT MANAGER 11.0 975.84 SR. PROF ENGINEER 1.5 138.69 PROFESSIONAL ENGINEER 2.0 130.92 STAFF ENGINEER 11.0 513.81 BIOLOGIST 2.0 124.92 SENIOR TECHNICIAN 2.5 207.66 TECHNICIAN 1.0 40.80 SURVEY CREW CHIEF 12.0 1, 071.36 INSTRUMENT OPERATOR 12.5 656 .76 SURVEY ASSISTANT 4.0 187.44 Totals 59.5 4, 048.20 Total Labor 4, 048.20 Subconsultants CONSULT FEE-MISC AP 02801 10/31 VISU-SEWER CLEAN & S 2, 867.50 STORM SEWER INSPECT Total Subconsultants 2, 867.50 2, 867. 50 SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,W/ LAKE COUNTY.IN EQUAL OPPORTUNITY EMPLOYER • • Invoice No. 37458 Project No. AMSCWM9601. 00 Reimbursable Expenses EMPLOYEE MILEAGE 123 .13 CELLULAR/PAGERS 10.00 COMPUTER EXPENSE 32.00 Total Reimbursables 165.13 165.13 Subtotal $ 7,080.83 Billing Summary Current Prior Pds To-date Total Billings 7, 080 .83 1, 744.51 8, 825.34 Limit 26, 600.00 TOTAL NOW DUE & PAYABLE $ 7,080.83 (1? 00000 X10 3d • • • ,S VISU-SEWER CLEAN & SEAL, INC W230 N4855 Betker Road • Pewaukee,Wisconsin 53072 414-695-2340 FAX 414-895-2359 1-800-876-8478 PAYMENT APPROVAL Project No. Location Code _14OI.cO •� BJ y�� _ GAL Invoice Number: 10975 Invoice Date : 10/ 1/96 GRG DEL 10)3t 1,1 SEH SEH/BAYPORT,MN 3535 VADNAIS CTR. DR � CUSTOMER NO. 51936 • ST PAUL, MN. 55110 vb.' OB NO. 96383M ATTN: ACCOUNTS PAYABLE DATE DESCRIPTION QTY U/M PRICE AMOUNT 10/09/96 STORM SEWER INSPECTION 9.50 HR 155.0000 1,472.50 10/16/96 SOTRM SEWER INSPECTION 9.00 HR 155.0000 1,395.00 GROSS BILLINGS: 2,867.50 STATE SALES TAX: LOCAL SALES TAX: AMOUNT DUE THIS INVOICE: 2,867.50 • S • -, :. . - - ~ , 2✓ .L./' SHORT ►!ii.;i :4SGsl, t:. ^^ -• L: ST. EMIL: TERMS: DUE UPON RECEIPT OF INVOICE. A SERVICE CHARGE OF 1-1/2% PER MONTH MAY BE CHARGED ON ALL PAST DUE ACCOUNTS. member of • • Serving-Municipalities.Utilities and Industry • INVOICE P r 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION December 20, 1996 Invoice No. 37908 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET • Professional Services for the period ending November 30, 1996 Professional Personnel Hours Amount PROJECT MANAGER 2.5 221.79 WORD PROCESSOR 0.5 18.48 Totals 3.0 240.27 Total Labor 240.27 Reimbursable Expenses .EQUIPMENT EXPENSE 125.00 WORD PROCESSING 3 .75 Total Reimbursables 128.75 128.75 Subtotal $ 369.02 Billing Summary Current Prior Pds To-date Total Billings 369.02 8, 825.34 9,194.36 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 369.02 X79.6 SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST CLOUD.MN CHIPPEWA FALLS,WI MADISON.WI LAKE COUNTY.IN EQUAL OPPORTUNITY EMPLOYER INVOICE iseiri 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION January 27, 1997 Invoice No. 38511 • Project No. AMSCWM9601 . 00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending January 15, 1997 Professional Personnel Hours Amount PROJECT MANAGER 60 .0 5,322 .66 PROFESSIONAL ENGINEER 0.5 32.73 SENIOR TECHNICIAN 24.5 1, 658 .94 TECHNICIAN 2.0 81.60 WORD PROCESSOR 2 .5 98.04 Totals 89.5 7, 193 .97 Total Labor 7, 193 . 97 Subconsultants CONSULT-SOILS TEST/DRILL AP 02944 12/18 AMERICAN ENGINEERING ./tel 750 .00 p t • PRISON POND PIPE Total Subconsultants 750 .00 _ _ 750 . 00 Reimbursable Expenses .----- EMPLOYEE MILEAGE 11.16 REPRODUCTIONS 142.96 COMPUTER EXPENSE 314 .00 WORD PROCESSING 18 .75 Total Reimbursables 486.87 486. 87 AwI /44" / l^ 3o/ /7 g/,7 SHORT ELLIOTT / ` h/Q HENDRICKSON INC. MI • .LIS,MN St CLOUD.MN CHIPPEWA FALLS,WI MADISON.WI LAKE COUNTY.IN EQUAL OPPORTUNITY EMPLOYER Invoice No. 38511 Project No. AMSCWM9601 . 00 Subtotal $ 8,430 . 84 Billing Summary Current Prior Pds To-date Total Billings 8,430 .84 9, 194 .36 17, 625.20 Limit 26, 600.00 TOTAL NOW DUE & PAYABLE $ 8,430 .84 'a c 9 J c z 71 OWI 2 Cr) to f11 H v1 0 Lroi 1—/� DC7 [ = OPid 'II i... o �' M <•• e*! 3 P21 [] tai ,z1 H0 Doxlm1 . 1 tIaC9 eel bHHW 7C H0 0 ^+ L'" 0C� '�•" 7C1 F-1 O L-+ H Cl1Li �P tn s zt'' c7 ell t� a7t Hr ro0Li ii tet + C. tei z H. HH ZC1t., m X HH .�.. 7t7 = e, ;o 0'4 N 7d 0-3m o Z C') O -- LII eh Cl) H A = ''i > C] H 0 f'2 y C] C'! X t' H xz = to LII. D+ rbx H0 r H 'Of + x 7U 1-3 VI PI 0 ►t! o H Vi Lei gcaN . ttllll O Sr Z Hb ). m 7dC r < 0m H C) to VI :U z s) . mo o z toLIl hi < Lam] CZ I C1 m g ►-i 0 Lam' HN I + m CI Zr 1 0 CA 0 x Lii P11 0 ,n x O fite M Po C H ODI 0 oF$3 Zc ` fi7 a i i 0 .... • 51 ,,,,k.. , mi 0 z ,, . • 4,...._•••1 0 4' 42 R , x... I-3 ch *'' .311, • .:,.- A . I i 1 § 1:1 fi 11 'i m )a„ o SU t 0 r. til t7 N _ill / t+ Vi I • V �_ DO MI • 3 w Dv Vi ME E • o = LI 4, i ki `° OZ Z CI [I H ' Cr! :� Co Co x a ► ' • P NO 7d 0 GZ czitij �I 61 Uri •• H2 • d C O O 04 z c 0 to -i S v o b :: :., c C 1.. . Qi C Of O lV T H D cPOD VI J C Ga ut t-• Ga 1-6 lV O m vt00t9 • $9 0 0 m Z 0 m 00 $90 • $9 0 $9 m 1 - ' i ' INVOICE .,. ..„58,1 3535 VADNAIS CENTER DRIVE,200 SEH CENTER.ST PAUL,MN 55110 612 490.2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION February 25, 1997 Invoice No. 38921 Project No. AMSCWM9601. 00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET • Professional Services for the period ending January 31, 1997 Professional Personnel Hours Amount PROJECT MANAGER 5.0 443 .55 PROFESSIONAL ENGINEER 5.5 566.28 f . SENIOR TECHNICIAN 1.0 /-.":), 58.71 TECHNICIAN 1.0 4.4j 40 .8C Totals 12 .5 1,109.34 0Total Labor 1, 109.34 Reimbursable Expenses OTHER REIMBURSABLE EXP 23 .40 COMPUTER EXPENSE 24 .00 Total Reimbursables 47.40 47.4:. Subtotal $ 1, 156 . 74 ..... ‘i/eI:ta V4/ q77 SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD.MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY.IN EQUAL OPPORTUNITY EMPLOYER Invoice No. 38921 Project No. AMSCWM9601 . 00 Billing Summary Current Prior Pds To-date Total Billings 1, 156 .74 17, 625.20 18, 781.94 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 1,156.74 i, INVOICE eri 3535 VADNAIS CENTER DRIVE.200 SEH CENTER.Si PAUL.MN 55110 612 490.2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION March 20, 1997 Invoice No. 39361 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending February 28, 1997 Professional Personnel Hours Amount PROJECT MANAGER 3.0 266.16 PROFESSIONAL ENGINEER 2.5 158.04 Totals 5.5 424 .20 Total Labor 424 .20 Subtotal $ 424.20 Billing Summary Current Prior Pds To-date Total Billings 424.20 18, 781.94 19,206.14 Limit 26, 600 .00 TOTAL NOW DUE & PAYABLE $ 424 .20 5/.-917 SI-IORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON.WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER INVOICE Assrai 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION April 22, 1997 Invoice No. 39850 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON • POND OUTLET Professional Services for the period ending March 31, 1997 Professional Personnel Hours • Amount PROJECT MANAGER 5.0 443 .55 Total Labor 443 .55 Reimbursable Expenses OTHER REIMBURSABLE EXP 14 .45 Total Reimbursables 14 .45 14 .45 Subtotal $ 458.00 Billing Summary Current Prior Pds To-date Total Billings 458 .00 19,206.14 19, 664.14 Limit 26, 600.00 OTAL NOW DUE & PAYABLE $ 458.00 , " //f'/>> %!,,�// ir, 401 .PIA3,24 --, ,i (Li • SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER INVOICE 3535 VADNAIS CENTER DRIVE,200 SEH CENTER.ST PAUL,MN 55110 612 490-20W 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION May 23, 1997 Invoice No. 40320 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET • Professional Services for the period ending April 30, 1997 Professional Personnel Hours Amount PROJECT MANAGER 10.0 939.60 SR. PROF ENGINEER 2.5 231.90 Totals 12.5 1,171.50 Total Labor 1,171.50 Reimbursable Expenses EMPLOYEE MILEAGE 7.13 EMPL TRAY/OTHER PROJ EXP 4.50 REPRODUCTIONS 88.50 COMPUTER EXPENSE 12.00 Total Reimbursables 112.13 112.13 Subtotal $ 1,283 .63 Billing Summary Current Prior Pds To-date Total Billings 1,283 .63 19,664.14 20, 947.77 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 1,283.63 ======= SPORT ELLIOTT NR LAKE COUNTYIN HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI EQUAL OPPORTUNITY EMPLOYER 05/2 /87 FRI 12:21 FAX. 612 490 2150 SEH ice•+ BAYPORT LoivuL 1 INVOICE 4111145e1 3536 VAGINAS CENTER DANE 20056.1 CENTER.St PAUL MN 53110 6124E0,2000 EGO 325, 36 ARCHITECTURE • EIVOINEERINS • 9NR AL • TRANSPORTATION - May 23, 1997 Invoice No. 40320 Project No. 1-,1SSCMM96°s.00 • MIDDLE ST. CROIX RT Po IP Fax Nog 7671 041 1 si C/O CITY OF RTUN RT so ialKnil= A'l'TN: I�7 HARMING " �� CITY ADMINISTRATOR - 294 N 3RD STREET gAYPORT MN 55033-1027 lijailNIIIIIIIIIIIIgallIllIllIlNIN Fore FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET • Professional Services for the period ending April 30, 1997 • Professional Personnel Amount Hours 939.60 10.0 PROJECT MANAGER 231.90 SR. PROP ENGINEER 2.5 1,171.50 12.5 Totals � Total Labor 1,171.50 Reimbursable Expenses 7.13 EMPL TRAY/OTHER P EMPLO' EE MILEAGE 88P 4.50 (`3^, 86.50 ,E CO PUTER IONS EXPENSE 12.00 to 112.13 Total Reimbursable$ 112.13 Subtotal $ 1,283.63 Billing Summary Current Prior Pds To-date 63 19,664.1*• 20,947.77 Total Billings 1,283. 26,600.00 -- ________ Limit -- TOTAL N0W DUE & PAYABLB_ _ __ . $ 1,283.63 • / ,, ;OOP' i `5-- eh C SHORT � ~pow.AN Jf LLOf.Q p.6prE11Y1 FALLS.MQ MACNEOPOW LAKE COtM►T•N HENDHICK wa / AAI . • EMPLOYER • tINVOICE 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL.MN 55110 612 490-2000 800 325-20.55 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION June 26, 1997 Invoice No. 40982 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY' OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending May 31, 1997 Professional Personnel Hours Amount PROJECT MANAGER 10.0 939.60 WORD PROCESSOR 1.0 43.74 Totals 11.0 983 .34 Total Labor 983 .34 Subconsultants CONSULT-SOILS TEST/DRILL AP 04037 05/31 AMERICAN ENGINEERING Parrif PRISON POND19 0 1,965.00 Total Subconsultants Reimbursable Expenses EMPLOYEE MILEAGE 16.74 EMPL TRAY/OTHER PROJ EXP 4.58 - WORD PROCESSING 7.50 Total Reimbursables 28.82 28.82 Q"t Subtotal $ 2, 977.16 (/2° d • 1/7/9 7 SHORT ELLIOTT HENDRICKSON INC. MlNNEAPOUS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER Invoice No. 40982 ' Project No. AMSCWM9601. 00 Billing Summary Current Prior Pds To-date •Total Billings 2, 977.16 20, 947.77 23,924.93 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 2, 977.16 C .A <-, o . Z V • z W 2 Crl -4 + -< Q1 . I;i.co -< N -I CT S U1 73 no -I •••3rd D -0 72r032 o -o 'v 4..0 o Dom• r mDvo -1 Deo N r- >vm coCD13 44 D CC) -• r pcs NC H nr r — zD rn 70 70-4 > - -4 Dzc•, O 5 Zeno G7e� > -< -1 CT v z 72 m ....1 ,-• 7c o •. $ "� ,,., 7d � M .m �3� �r mz0 v+m� 2 rom ,._.z • e3 4-2 c-) 72 rim . D I-1 I S Omm T. -I (,) >4 iD > = - 70 o Cl) o 11 i m Vf03CI t/AO C)< 70 ..... c ... 14 o Z O m v r > I--1 n C 2 a a N W 3 a o -^ 0 m zoo 11 il '0 z1mao n ^ Z Y' CO zrtz XI4 s, 2 m m 3 zz N v 0' Cfl z , CI = N (7 o r''0 zIII c) n v Cj ' 1 c, .tO 7 0 0 N Off .*O Cj ti...3 . ;Iv. rn X N m R1 D � � V) Z ff i ' rr car v73 b ., E 31m tl 1 L. i F._ a 70 1 -... :1114,6, i . 2 W - Z i ,c) - N N -1116 ra Vii, .070 '10 o z • z •t m �� / -,2 NN ao zA CO / 0 N?%Ori D • Q O� NCO CT CO C) Cr O O O O 2 " I 4 INVOICE Ad-iihrwsai 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST PAUL.MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION July 22, 1997 Invoice No. 41543 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 • For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending June 30, 1997 Professional Personnel Hours Amount PROJECT MANAGER 13 .5 1,268.46 Total Labor 1,268.46 • Subtotal $ 1,268.46 Billing Summary Current Prior Pds To-date Total Billings 1,268.46 23, 924 .93 25,193 .39 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 1,268.46 A:67 • "Ael -111 d/ /" `' • 1/02V/9 • SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN EQUAL OPPORTUNITY EMPLOYER 4 4 • • a INVOICE Asf-pri-475a1 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 900 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION July 31, 1997 Invoice No. 41945 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET Professional Services for the period ending July 15, 1997 Professional Personnel Hours Amount PROJECT MANAGER 2.0 187.92 SR. PROF ENGINEER 1.0 81.96 TECHNICIAN 1.5 65.25 Totals 3.5 335.13 Total Labor 335.13 Reimbursable Expenses 5.27 EMPLOYEE MILEAGE 5.27 5.27 • Total Reimbursables DEVELOPMENT OF PROPOSAL FOR 100 YEAR OUTLET FOR PRISON POND .86 328 PROJECT MANAGER 3.528.86 SENIOR TECHNICIAN 1.0 400.32 Subtotal $ 740.72 SHORT ELUOTT CHIPPEWA FALLS,WI LAKE HENDRICKSON INC. MINNEAPOLIS,MN Sr CLOUD,MN EQUAL OPPORTUNITY EMPLOYER . • Invoice No. 41945 Project No. AMSCWM9601 . 00 Billing Summary Current Prior Pds To-date Total Billings 740.72 25,193 .39 25, 934.11 Limit 26,600.00 TOTAL NOW DUE & PAYABLE $ 740.72 • ==cc==m W1°— 3 4'/ I t Y INVOICE 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL.MN 55110 612 490-2000 803 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION August 28, 1997 Invoice No. 42287 Project No. AMSCWM9601.00 MIDDLE ST. CROIX WMO C/O CITY OF BAYPORT ATTN: KEN HARTUNG CITY ADMINISTRATOR 294 N 3RD STREET BAYPORT MN 55033-1027 For: FEASIBILITY STUDY FOR NORTH PRISON POND OUTLET • Professional. Services for the period ending July 31, 1997 Professional Personnel Hours Amount PROJECT MANAGER 4.0 375.84 TECHNICIAN 1.5 65.25 Totals 5.5 441.09 Total Labor 441.09 Reimbursable Expenses COMPUTER EXPENSE 30.00 Total Reimbursables 30.00 30.00 Subtotal $ 471.09 Billing Summary Current Prior Pds. To-date Total Billings 471.09 25,934.11 26,600.0026,420 Limit TOTAL NOW DUE & PAYABLE $ 471.09 4/0.Zei0 - 30 / ;;;F°T 9/eV7 4 SHORT ELLIOTTygplgON M LAKE COUNTY IN HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI EQUAL OPPORTUNITY EMPLOYER Secretary's note: Since the WMO PLAN scopes out the ect the PLAN has b n approved by our state overseeing board,The Board ofo Pond/ reekWater &and Soil Resources (BWSR) there is no question about the project moving forward. It is defined as a problem, given implementation procedures and must be seen through to completion and resolution of the cited problem. The question is not, should we do the project, but how we do the project. Let's work under the premise that: "the best solutions are found when good people reason together" OPTIONS FOR CONCLUDING THE PERRO POND/PERRO CREEK PROJECT: 1. THE AFFECTED FOUR CITIES COULD ENTER INTO ANOTHER JOINT POWERS AGREEMENT(JPA) TO CONCLUDE THE PROJECT ON THEIR OWN. a) Can agree to pay project costs and maintenance via munici ali funds and a set formula for assessment based on: P tY general 1) Acreage in the district: Baytown =32.01%, Bayport=10.60% OPH =53.60%, STW.=3.79% 2) Calculating water volume contribution: Baytown=18.93%, Bayport=26.65%, OPH=50.13%, STW.=4.29% 3) Calculating water volume contributed just to the pond (realizing the pond is the major flood control factor to downstream property): Baytown=23.58%, Bayport=8.63%, OPH=62.44%, STW.=5.34% 4) Can use one of the above formulas and seek inclusion of other entities for financial assistance - based on a time limit for decisive outcomes versus regard (and need) for the project completion to rectify flooding problems. b) Can form a sub watershed taxing district under Water Planning & Implementation Statute 103B.245 -- "for the purpose of paying capital costs of water management facilities" -- "the district shall be established by ordinance adopted after a public hearing" -- make notification of new tax district to county auditor by July 1 to be effective for taxes payable the following year --"may annually levy a tax on all taxable property for which the tax district is established" -- "the district may dissolve by following the same procedures" 2. THE WMO CAN TAKE ON THE PROJECT AS A TOTAL ENTITY. a) The WMO must amend its plan to include the Perro project as a Capital Improvement Project with the mechanism for financing clearly defined: • F -2- -- Amendment of plan must adhere to review process through submission to county, SWCD, cities, townships, 5 state agencies --Public hearing -- Probable 4/5 month procedure --Since plan defined nature of problem & implementation of feasibility study with intention of doing C.I.P., may be possible to go less timely route of seeking a Minor Plan Amendment b) WMO can for a watershed taxing district or as a whole, develop a prescribed formula for assessment. 3. A"PETITION" OF WMO NON-IMPLEMENTATION MAY BE SUBMITTED TO THE BOARD OF WATER & SOIL RESOURCES (BWSR) WITH THE INTENT OF FORMING A WATERSHED DISTRICT BY EITHER/OR: one county, the majority of cities, or 50 resident signatures a) Watershed District managers are appointed by the County (thereby presumably uninfluenced by city politics) b) WDs do not normally do project assessments through municipality general funds c) The new approval recommendation to BWSR for a Browns Creek Watershed District (former WMO petitioned as non-implementing) has been made. There is concern that the district is too small and all indications seem to suggest that a combination of future area non-implementing WMOs should be combined with that district. PERRO POND/PERRO CREEK PROJECT TIME LINE AS OF 9/97 1991, April 24 WMO Plan officially approved by state Board of Water & Soil Resources (BWSR) w/ Perro Pond flooding as a problem and Perro Pond solutions study as project 1992, April 28 SWCD (WMO Tech. Experts) met w/Wash.Cty Public Works re: coordination between Perro Pond & Hwy 21 improvements 1992, May 6 WMO Motion approved Phase I Scope of Work for Perro Creek Study by SEH, Inc. - included meetings with: Public Works, DNR, City of Oak Park Heights (OPH) & City of Bayport & MN. Correctional Facility (Prison) --- Development of 1"=200', 2 ft contour map of area tributary to pond & creek ----work options $1,000 1992, June 23 WMO Motion established a fixed sub-watershed district for Perro Creek solution. Costs to be distributed @ watershed acreage contributing to Perro Creek watershed: STW= 66 acres OPH =728.5 acres Baytown = 551 acres Bayport = 300 acres (SEH costs figured at $1 per acre) 1992, August 25 SEH presented various "givens" for engineered Perro Pond stabilization and 5 options for specific control: (1) Raise roadbed or build berm (2) construct additional storage of water (3) Improve existing culverts & ditch (4) Design storm sewer diversion with outlet to St. Croix (5) Establish gravity system bypass pump north of prison pond 1992, September 22 No quorum - discussion "O'Neil would like SEH to make a presentation to all sub-watershed boards so need for project is understood & appreciated". 1992, November 4 WMO MOTION to proceed with all options except option 2 and the borings that go with option 2. $81, 842 SEH will make financial presentation to all councils. DNR, Joe Gibson, explained "Flood Hazard Mitigation Grant Assistance" program. Tim Fredbo, SWCD, volunteered to submit grant application. 1993, January 27 Perro Creek Project Workshop with city reps of Bayport, Oak Park Heights and Baytown. -2- 1993, February 23 Info meeting concerning Perro Creek project with Cty. Commissioner Abrahamson. Discussion on requesting financial help from prison since half the potential creek overflow problem is theirs. ** O'Neal and Abrahamson will meet personally with prison people to discuss situation, hopefully with legislator assistance. Discussion on bottom line needs to correct downstream flooding in Perro Creek. SEH determined as: mapping & surveying to determine construction needs for embankment on Hwy 21 and Option 1. Negative discussion on using acreage formula for future Perro project needs. 1993, March 24 Sub-Watershed Meeting Members move ahead payments plan. Baytown reports negative vote from citizens to pay more than $12,000 for Perro Creek study. OPH & Bayp. will seek to pick up difference as follows: OPH $27,348.00 Bayport $13,129.00 Baytown $12,000.00 STW. $ 2,191.00 Ken & Tim will begin grant application for 50% match. Schultz & O'Neil want detailed contract from SEH with specifics & itemized costs. OPH lawyer will review on behalf of sub-watershed. 1993, June 23 Since the DNR Flood Hazard grant comes to the WMO, not just the sub-watershed, WMO MOTION passed to accept as the total WMO the SEH contract for specified work on Perro Creek project. 1993, October 27 DNR grant application turned down. Bayport, OPH, STW. agree to go ahead with study using general fund dollars. Baytown will bring up study for reconsideration at Nov.mtg. 1993, November 1 Baytown participation positive - SEH contacted to proceed with study. 1994, February 23 Fredbo, O'Neil & Hartung met with MNDOT re: Hwy 21 flooding & into Bayport. Prison no longer doing any pumping from pond (and has no $ to contribute to project). A temporary berm was built & a pump was rented - water in pond rising 3" daily. Bayport spent $25,000+ to temp. control flooding. Sub-watershed needs mtg. to possibly form taxing district for remainder of project. 1994, April 27 SEH presents study to WMO. Conclusion reached: (a) a new outlet is required at the pond (b) water discharge capacity thru the railroad embankment is inadequate to maintain water surface 2' below critical building elevations so: (1) need construction of new pond outlet as part of Hwy 21 reconstruction (est. $70,000) (2) need detailed study for increasing water discharge capacity through railroad embankment to St. Croix (est. $125-185,000) Baytown questions acreage formula - should be based on run-off contribution (run-off reduced on Baytown's ag. land). SEH can provide such a formula w/new mapping. (CA=area times runoff coefficient). O'Neil requested sub-watershed meeting with councils, county & DNR in attendance. 1994, May 4 Sub-watershed meeting (with above reps. present) MOTION to accept recommendation to construct new pond outlet. 1994, June 29 SEH presentation of 3 payment formulas for new pond outlet. Total $70,000 with Wash. Cty picking up $20,000. Funding models based on (a) total acreage (b) total volume/effecting total land (c) total volume except for certain Baytown acres that wouldn't effect Perro Creek unless the 100 yr. & 25 yr. rainfall event occurred within the same week. MOTION to accept 3rd formula (c) with contributing percentages: Stillwater 4.29% $ 1,072.50 Baytown 18.93% $ 4,732.50 OPH 50.13% $12,532.50 Bayport 26.65% $ 6,662.50 MOTION to name Bayport as Lead City for construction $ conduit and rep. to the county for sub-w. regarding Perro project. MOTION agreed to use.3rd model (c) formula percentages for any payment of increased costs to the estimated total cost. 1994, August 24 Since the gate structure needs 6-9 weeks to create - making the insertion timed to possible Dec. snow & ice, the Perro Pond outlet project( & road construction) will not take place until spring of 95. 1994, October 26 Cost of maintaining new outlet structure is to be shared by sub- watershed according to same formula as construction. Bayport, OPH, Baytown, STW. & Wash. Cty. Public Works established a contractual agreement for structure. SEH finished Operations & Maintenance Manual (part of construction costs). 1995, June 28 Perro pond outlet structure is progressing. Discussion on -4 following through with additional creek water flowage improve- ments designed by SEH ---cost prohibitive to cities now. 1995, October 25 MOTION to amend Joint Powers Agreement to a 2/3 majority vote for a capitol improvement project. MOTION to amend JPA to include authority to levy ad valorem taxes to accomplish its purpose & implement its plan. * Vote = 6 yes; 2 No 1995, Dec. 20 Hartung discussed potential problems still possible with overflow of Perro pond and consequential flooding of property adjacent Perro creek. He asked for interest in seeking RFPs on option 5 to construct an outlet on north end of pond. MOTION by sub-w. to seek RFPs on Option 5. 1996, June 26 MOTION to approve pond north outlet feasibility study by SEH. Reviewed option 5 again. ** Please see attached report from Ken Hartung 1996, August 28 MOTION repeated to do feasibility study on pond north outlet. 1997, Feb. 26 Pond structural outlet feasibility study won't be completed until June because of county plan to renovate Cty Rd. 28 which runs parallel to proposed pipe and might affect route. ** Sub-w. to meet on March 4. No minutes? Did meet? 1997, March 26 Hartung reported that the outlet feasibility study will continue without the reconstruction of Cty. Rd. 28 which has been moved to the year 2000. Beaudet, new OPH rep., is concerned with the present pipe outlet route and thinks a more direct route (perhaps down 5th Ave N) should beconsidered. Cobb requested a sub-w. mtg. discuss option changes. Sub-w. agreed to meet. Did? No minutes 1997, May 28 SEH presented 3 separate water route options. MOTION by OPH to table discussion of routes until Sub-w. meets. 1997, July 16 SEH presented info. requested by sub-watershed regarding modifications to creek flooding solutions Route D & Route B. MOTION failed to work with area legislators to mandate prison to manage creek & finance improvements. MOTION to explore & determine final estimates for Route B. 1997, Sept. 2 OPH resolution to not participate in funding creek Route B study. IL- +- ' Feasibility Study. NOW THEREFORE BE IT RESOLVED: By the City Council of the City of Bayport, Washington County, Minnesota, does hereby ordain as follows: 1. Authorize Short-Elliott-Hendrickson to conduct a Feasibility Study for construction of a North Outlet Structure on the Prison Pond for a cost of $26,000.00. 2. The Feasibility work elements shall include but not limited to the following: A. Preliminary Design. . 1. Determine the location of the North Prison Pond Outlet structure. 2. Prepare a preliminary design for the North Prison Pond Outlet structure which will allow the structure to function during the winter months. 3. Identify the size of the North Prison e"' Pond Outlet conveyance pipe. 4. Identify the location of the North Prison Pond conveyance pipe. 5. Determine the depth of the North Prison Pond conveyance pipe. 6. Identify whether the North Prison Pond Outlet conveyance pipe can connect to an existing storm sewer or whether it will require a new storm sewer installation to the St. Croix River. 7. Identify all construction necessary to install an outlet structure on the north end of the Prison Pond, an outlet conveyance pipe and a connection to an outlet conveyance pipe to an existing storm sewer. 8. Identify all construction necessary to install an outlet structure on the north end of the Prison Pond, an outlet conveyance pipe and a new outlet conveyance pipe to the St. Croix River or 2 • • • to a sedimentation pond. 9. Determine whether its economically and operationally more feasible to construct a gravity conveyance pipe from the Prison Pond or construct a lift station outlet structure. 10. Identify an outlet structure and conveyance pipe design which will accommodate any unusual terrain characteristics. 11. Identify any special construction techniques which must be used to accommodate the following characteristics along the Prison Pond conveyance pipe outlet structure route: *Unusual rock formation *NSP power utility easement *Wetlands *Poor soils *C.S.A.H. 21 *County right-of-way 12. Make a determination of the current f•• downstream storm sewer system, which shall include: *Existing storm sewer condition *Existing storm sewer capacity *Alternative conveyance system, including looking at the possibility of a combination of using the existing Prison storm sewer and a newly constructed County storm sewer 13. Complete an assessment of the County storm sewer need as it relates to interfacing with the North Prison Pond Outlet structure. An assessment shall include: *Depth of the County sewer system *Location of the County sewer system *Soils and/or rock formations inherint in the County system *Other limiting factors *Design discharge of the County storm sewer system 3 113 11. y • 14. Preliminary structure location and design shall include the following elements: *A review of the construction of the intake at the Prison Pond or County Road No. 21 *Determine the intake depth for winter operation and pipe profiles *Evaluate a gravity outlet structure versus a pump outlet system *Evaluate the upsteam conveyance system at County Road No. 28 15. Easement evaluation: *Identify restrictions of easements with Washington County and/or other utilities *Review existing easements and right- of-ways *Identify additional easements required for the Outlet structure and conveyance system *Work within Washington easements if possible. 16. Selection Alternatives. The Selection Alternatives shall include a thorough review of the following: *A gravity Outlet structure versus pump Outlet system *Construction costs, easement costs, and defined route for at least two alternatives to discharge water from the Prison Pond. 17. The Assessment of the Existing Present Storm Sewer. The assessment shall include smoke testing, cleaning and televising the Prison Storm sewer which runs from County State Aid Highway 28 to the river. The assessment shall determine whether its feasible to use the storm sewer as an outlet for water coming from the north Prison Pond Outlet structure during winter months. B. Preliminary Cost of Project. 4 1. Estimate the cost of the " perferred alternative. 2. Engineering costs. *Plans and specification *Engineering Administration *Staking *Inspections 3. Administration costs is 5% of construction cost. 4. Legal costs *Temporary construction easements *permanent easements *Condemnation 5. Land acquisition cost 6. Land preparation costs 7. Permanent and temporary construction easements. 8. Permanent and temporary storm sewer water easement costs. C. Proposed funding sources. 1. Breakdown of the cost of the total capital improvement project on a community basis. D. Identify temporary and permanent easements and right-of-way needed for the project. E. Identify any environmental issues associated with the installation of the North Prison Pond Outlet structure and conveyance pipe and identify costs of mitigating such concerns. F. Identify the types and cost of any permits which will be required to construct the North End Prison Pond Outlet structure and conveyance pipe. The motion for adoption of the foregoing resolution was duly seconded by Member and upon roll call being taken thereon, the following voted via voice: 5 1•15 1997 • MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEMBERS CITY REPRESENTATIVE ALTERNATE AFTON Kent Shamblin 43 So. Croixview Drive Afton, Minnesota 55001 BAYPORT Allen Schultz 580 6th Ave. No. Bayport, MN 55003 439-2530 BAYTOWN Anders Hansen (Treasurer) TOWNSHIP P.O. Box 135 Stillwater, MN 55082 439-1881 LAKELAND Evan Anderson Diane Wirth 16655 7th St. So. 16160 No. 4th Lakeland, MN 55043 Lakeland, MN 436-6227 • LAKELAND Karen Heisick SHORES 195 Quinlan Ave. No. Lakeland, MN 55043 436-2929 LAKE ST. CROIX Dawn Beedle John Jansen BEACH 1470 Riviera 1300 Riviera A Lake St. Croix Beach 55043 Lake St. Croix Beach 436-8966 OAK PARK David Beaudet HEIGHTS 6400 No. Lookout Trail Stillwater (Oak Park Heights) , MN 55082 439-2582 ST. MARY'S Barbara Cobb (Secretary) POINT 2170 Itasca Ave. So. P.O. Box 302 Lakeland, Mn 55043 436-8953 STILLWATER Klayton Eckles City of Stillwater 216 No. 4th Street Stillwater, Mn 55082 439-6121 1• STILLWATER David Francis • TOWNSHIP 11080 Penfield Ave. No. Stillwater, MN 55082 430-3361 WEST LAKELAND John McPherson (Chairperson) TOWNSHIP 2398 Stagecoach Trail No. Stillwater, MN 55082 439-3754 WASH. CTY. SOIL Wendy Griffin/Mark Doneux AND WATER 1825 Curve Crest Blvd. , Room 101 CONSERVATION Stillwater, MN 55082 DISTRICT 439-6361 MEETING PLACE BAYPORT CITY HALL 294 NO. 3RD STREET BAYPORT, MN 55003 439-2530 Ken Hartung, City Administrator • 1 , • Page 4 - City Council Minutes 08/26/97 Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf reopened the continuation of the public hearing at 7 : 57 p.m. City Planner Richards discussed the changes requested by the Council at the last meeting. Council was in consensus to approve the following amendments; 1) Driveways - Must be concrete or asphalt only. 2) Accessory parking pads - Must consist of a minimum of class 5 gravel or better. 3) Recreational Vehicles/Boats/Trailers - Anything more than four feet high must be parked at least ten feet from the curb. 4) Commercial trucks parked in residential neighborhoods - Staff was directed to examine how many of these existed and to report back to Council . 5) Lights on residential homes - Must not spill over onto adjacent property. Council directed Richards to make the changes discussed. Councilmember Turnquist, seconded by Swenson, moved to continue this issue until the Council meeting on September 9 . Carried 5- 0 . New Business: Review of MNDOT Final Design Plans - Councilmember Robert suggested that the Council review MNDOT' s final design plans for compliance with their preliminary design plans. Councilmember Swenson, seconded by Beaudet, moved to set a workshop on September 23 at 4 :30 to discuss the Highway 36 construction plans. Carried 5-0 . Council directed Administrator Robertson to contact MN/DOT to request that a MN/DOT representative attend the workshop to answer any questions from the Council . Resolution 97-08-31 - A Resolution Regarding Perro Creek & the Middle St . Croix Watershed Management Organization - Councilmember Beaudet presented a resolution stating his concerns about the plan proposed for study by the Middle St . Croix Watershed Management Organization (WMO) . Councilmember Beaudet said he felt that the plan proposed does not address both the summer and winter flooding problems and that the formula for funding the project is unfair to Oak Park Heights . City Engineer Anderlik said that while almost any solution will be expensive, he agreed that the one being advocated by the WMO does not solve both the winter and summer flooding problems. Anderlik also said that he thought the funding formula was not fairly distributed. He said that the funding should be based on water contribution to the affected area rather than the land area of the sub-watershed. 11 Page 5 - City Council Minutes 08/26/97 Administrator Robertson said that he had spoken with Ken Hartung, Bayport ' s City Administrator, about the proposal . Hartung indicated to Robertson that the WMO has not made a final decision about which route it wants to take; it has only agreed to study one route . Hartung also indicated that the WMO is willing to look at altering the funding formula. City Attorney Vierling said that the resolution before the Council is too broad and suggested some wording changes to indicate Oak Park Heights ' opposition to the current plan while remaining available in the future to discuss alternative proposals . Councilmember Beaudet moved, seconded by Robert, to approve Resolution 97-08-31 as amended. Carried 5-0 . Councilmember Beaudet expressed concern that the money allocated for the feasibility study of the North Outlet Structure for Perro Pond has been spent and that Oak Park Heights has overpaid. Council then directed Deputy Clerk/Finance Director Holst to report back to the Council how much the watershed has spent on the project . City Enforcement of Nuisance Ordinance - Councilmember Robert said that she would like to see the City handle nuisance enforcement differently than the current policy. She requested that administration send a letter to violators first, rather than sending a police officer to a residence . Councilmember Robert felt that most residents are unaware when they are not in compliance with the Nuisance Ordinance and that a visit from a police officer can be intimidating. Police Chief Swanson said that while there are some possible alternatives, such as hiring a nuisance abatement officer, to sending a police officer, there will still need to be someone to canvas the city to spot Nuisance Ordinance violations. Swanson also said that he thinks that there are better results when an officer visits a home initially. He suggested that information in the next City newsletter may help educate residents about what is and is not allowed per the City Nuisance Ordinance. Administrator Robertson noted that whoever sends the letter to the violator is the person who the violator will call back. He thought that person should be a police officer because he is the one who can answer questions about the violation. Council directed Robertson and Swanson to research the cost for some of the proposals discussed and present them to the Council . Trail along Frontage Road - Councilmember Robert said that she would like clarification about what MNDOT plans to do with the graded area along the SE frontage road. There was some discussion about whether the trail should be paved. Council directed City Engineer Anderlik and Administrator Robertson to talk with MNDOT to find out their intentions for the trail and prepare a cost estimate for a paving the trail . CITY OF OAK PARK HEIGHTS RESOLUTION 97-08-31 PERRO CREEK RESOLUTION WHEREAS, the City of Oak Park Heights has participated in the Middle St . Croix Watershed Management Organization for the past 13 years; and, WHEREAS, the City of Oak Park Heights would like to work with the members of the Middle St . Croix Watershed Management Organization to solve the summer flooding in the City of Bayport and work with the Minnesota Correction facility so that the State of Minnesota funds replacement of the existing piping system that currently maintains the winter water flow of Perro Creek to the St . Croix River; and, WHEREAS, the City of Oak Park Heights has provided funds to study the Perro Creek Subwatershed; and, WHEREAS, the Middle St . Croix Watershed Management Organization at its July 16, 1997 meeting adopted a plan of action that will not solve flooding problems in Perro Creek as it flows through the City of Bayport; and, WHEREAS, the Middle St. Croix Watershed Management Organization would not support working with the Minnesota Department of Corrections and our Legislative Representatives to identify funding to replace the worn out prison piping systems; and, WHEREAS, detailed in a 1994 Perro Creek study indicates that the water flow from a 100 year storm event from Prison Pond outlet structure is 65 cubic feet per second, this represents water flow from 70 % of the land area in Perro Creek Subwatershed, additional water flow into the creek below Prison Pond is 164 cubic feet per second, this represents 30% of the Perro Creek Subwatershed land area, total flow of water near the river is 229 cubic feet per second; and, WHEREAS, the current proposed funding formula is unfair to the upstream areas above Prison Pond as these areas will have to contribute disproportionate funding to prevent flooding in the Perro Creek Subwatershed; and, NOW, THEREFORE, BE IT RESOLVED, the City of Oak Park Heights will not participate in funding the Perro Creek route B study directed at the July 16, 1997 meeting of the Middle St . Croix Watershed Management Organization. BE IT FURTHER RESOLVED, the City of Oak Park Heights does not support the existing Perro Creek Subwatershed funding formula. Passed by the City Council of Oak Parks Heights this 26th day of August, 1997 . / David D. Schaaf, 0 or ATTEST: 1 //// /ichael =o•ertson City Administrator CITY OF ' ', k.` • ENCLOSURE B . - OAK PARK HEIGHTS ' -tog* 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 • Phone: (612) 439-4439 • FAX 439-0574 July 10, 1997 Middle St . Croix Watershed Management Organization . C/O City Administrator Ken Hartung Bayport City Hall 294 North 3rd Street Bayport, MN 55003 Dear Ken:. On Tuesday, July 8, 1997 the City Council of Oak Park Heights voted unanimously to express the following concerns regarding the Middle St . Croix WMO' s proposed solution for flooding problems on Perro Creek. 1) The proposed solution is inadequate because it only addresses the winter flooding concerns and does not address summer flooding. The Oak Park Heights City Council believes that if, as proposed, significant amounts of taxpayer' s money are to be spent, they should be spent on a comprehensive solution that could address year round flooding. 2) The funding mechanism for the proposed solution is unfair because it assumes that local governments should contribute based upon their percentage of the sub-watershed. As per Oak Park Heights City Engineer Joe Anderlik' s letter of June 23,- 1997, the City of Oak Park Heights believes that this formula should be re- examined because it is possible that the large amount of impervious surface in downtown Bayport is creating a disproportionate share of the flooding problems . 3) The State of Minnesota has altered the water flow of Perro Creek for over 90 years. Now that they are no longer altering the water flow, they should bear some of the responsibility for fixing the problems that their actions have created, and should contribute financially toward a solution. If you have any questions please give me a call . Sincerely, 1 Michael Robertson. City Administrator cc : City Council Tree City U.S.A. r FF- T\11 i�r—__..._. Fes• Y ••• ): JuL — 91997 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES MAY 28, 1997 MEMBERS PRESENT: John McPherson WEST LAKELAND TOWNSHIP Anders Hansen BAYTOWN TOWNSHIP Barbara Cobb ST. MARY'S POINT Evan Anderson LAKELAND David Beaudet OAK PARK HEIGHTS Karen Heisick LAKELAND SHORES John Jansen LAKE ST. CROIX BEACH Sharon Ridgway BAYPORT OTHERS PRESENT: Ken Hartung BAYPORT ADMINISTRATOR Mark Doneux WASHINGTON COUNTY SWCD Wendy Griffin WASHINGTON COUNTY SWCD Rich Sebastian WASHINGTON COUNTY AG. INSPECTOR Jeff Davis SEH ENGINEERING FIRM The meeting was called to order at 7:02PM by Chair, John McPherson. John Jansen agreed to take the minutes until the arrival of secretary Cobb. MOTION WAS MADE by Beaudet and SECONDED by Hansen to approve the minutes of the March 26, 1997 meeting with a correction to the Treasury balance. Balance on March 26 should read $7626.57 MOTION CARRIED. TREASURER'S REPORT MOTION was made by Hansen and SECONDED by Heisick to accept the Treasurer's Report subject to audit. MOTION CARRIED. Balance = $11,151.13 MOTION was made by Beaudet and SECONDED by Heisick to pay the following bills: MOTION CARRIED. Met Council monitoring $860.00 Check # 601 The Courier 2.75 602 Barbara Cobb, Stamps 35.84 603 PERRO POND UPDATE: Jeff Davis presented three separate water route options for the Prison Pond Outlet with maps and an outline of their specific differences. MOTION WAS MADE by Beaudet and SECONDED by Heisick to table further discussion on route options until the Sub watershed meeting. MOTION CARRIED. PURtE LOOSESTRIFE PROJECT UPDATE: Rich Sebastian presented a draft project and work outline for the county wide Purple Loosestrife project. WMO members are to review the draft and compile any questions they might have in writing. The county is still working on the complete plan and looking into state LCMR monies to match local costs. Further action will be taken at the July meeting. MCKUSICK LAKE DIVERSION: Tony Demais of Bonestroe & Assoc. discussed the above water diversion as an FYI for WMO members. An environmental study AUAR (Alternative Urban Areawide Review - similar to an EIS) is being done on 1800 acres in the City of Stillwater annexation area. The purpose of the proposed diversion is to protect Brown's Creek from warm water intake which would threaten the trout life. The diverted water would flow from Long Lake into McKusick and then through Mulberry Ravine and eventually into the St. Croix. New Stillwater engineer, Shawn Sanders, will keep WMO informed as the study progresses. SOIL & WATER CONSERVATION DISTRICT REPORT: DONEUX discussed the individual municipality responsibilities under the Surface Water Management Act. Basically, the WMO Plan sets the standards for surface water management, and the individual municipalities sets the regulation of water management through ordinances and determines capitol improvements needed to protect or prevent or restore areas where surface water is or might be a problem. According to law, the WMO must review and approve the individual municipality plans. Those cities still needing to present Surface Water Mgmt regulations in accord with the WMO plan standards (inventories & maps may be referenced) include: Baytown Township, Lakeland, Lakeland Shores, Lake St. Croix Beach, West Lakeland Township. The WMO review referral form will be sent to the cities with an explanation cover letter. ACTION RENTAL DEVELOPMENT PLAN REVIEW: The WMO recommends, as conveyed through an SWCD letter, that in lieu of a wet pond, the structure be modified to include an energy dissipation outlet with skimmers to keep out unwanted materials. Storm water flows to Perro Pond. _ Meeting adjourned 9:15PM Respectfully submitted, BC and John Jansen NEXT MEETING: WEDNESDAY, JULY 16. 1997 7:UUPM BAYPORT..CITY HALL ilkPage 2 - City Coun Minutes 04/22/97 Walmart Earth Day Grant - Councilmember Robert stated Walmart is accepting applications for an Earth Day Project Grant . A representative from the Restoration Committee will make a presentation requesting an Earth Day Grant be used to restore the prairie grasses behind City Hall . Annex Area Park Boundaries - Councilmember Robert stated that the Park Commission met last week to walk the area being considered for the Annex Area park. The Park Commission met again on Monday, April 21, 1997 and reviewed the various conceptual park design plans . Robert reported that the Park Commission recommended Concept Plan 5 for the park boundaries . Concept Plan 5 requires the City to purchase 11 . 8 acres of land for the park. City Planner Richards stated there is a public safety concern since Concept Plan 5 would leave room for only one access road to the southern 40 acres . Council identified two additional potential access areas depending on the future growth of the City. Councilmember Robert, seconded by Beaudet, moved to approve Concept Plan 5 as the conceptual design for the Annex Area park. Carried 4-1. Councilmember Turnquist opposing. Councilmember Robert thanked Tim Nolde for his work with the Parks Commission in determining the park boundaries . Park Attendants for Valley View Park - Councilmember Swenson said that he has received complaints from residents concerned with the number of teenagers loitering in Valley View Park. Councilmember Swenson requested the City authorize the Park Attendants for Valley View Park to start working in mid-May. Administrator Robertson said that the interviews for park attendants will take place in mid-May and that he will start the attendants as soon as possible. Robertson reminded residents to call the Police Department if they see any suspicious or threatening behavior in the parks. Concrete/Asphalt in Valley View Park - Administrator Robertson reported that NSP will remove the concrete/asphalt pile in Valley View Park as part of their restoration project . Water Management Organization - Councilmember Beaudet reported that the Perro Creek Sub-Watershed met last Wednesday to discuss the Perro Pond outlet structure. The outlet structure is designed to relieve flooding during the winter only and would not relieve any summertime flooding in Perro Creek. 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'*Xi 11' I\ Illilt 411k Ar,...4 ,,„ ....,„10•44, t.Ii ---.....,„•..... atk444i, 4 „...... , ••• 2 ivp . . .,.., �` `s:«..:. .,..g * • • • I 4ila • 3 , . CITY OF OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 • Phone: (612) 439-4439 • FAX 439-0574 July 10, 1997 Fl Middle St. Croix Watershed Management Organization C/O City Administrator Ken Hartung Bayport City Hall 294 North 3rd Street Bayport, MN 55003 Dear Ken: On Tuesday, July 8, 1997 the City Council of Oak Park Heights. voted unanimously to express the following concerns regarding the Middle St. Croix WMO' s proposed solution for flooding problems on Perro Creek. 1) The proposed solution is inadequate because it only addresses the winter flooding concerns and does not address summer flooding. The Oak Park Heights City Council believes that _ if, as proposed, significant amounts of taxpayer' s money are to be spent, they should be spent on a comprehensive solution that- could address year round flooding. 2) The funding mechanism for the proposed solution is unfair because it assumes that local governments should contribute based upontheir percentage of the sub-watershed. As per Oak Park Heights City _Engineer Joe Anderlik' s letter of June 23 ,- 1997, the City of Oak Park Heights believes that this formula should be re- examined because it is possible that the large amount of impervious surface in downtown Bayport is creating a disproportionate share of the flooding problems: 3) The State of Minnesota has altered the water flow of Perro Creek for over 90 years . Now that they are no longer altering the water flow, they should bear some of the responsibility for fixing the problems that their actions have created, and should contribute financially toward a solution. If you have any questions please give me a call . Sincerely, Michael Robertson. City Administrator cc: City Council Tree City U.S.A. Date: 07-07-97 Subject: Perro Creek Subwatershed To: Oak Park Heights City Council From: David Beaudet At the July 16, 1997 Middle St. Croix WMO subwatershed committee is to recommend one solution to study to solve the winter and summer flooding problems of Perro Creek. The subwatershed committee is going to make this recommendation without sufficient information on several key items. I would like the City Council to take the following action. Direct Staff to write a letter to the Middle St. Croix Watershed Management Organization with the following concerns: 1. The State of Minnesota has changed the winter water flow of Perro Creek for over 90 years in the City of Bayport. The State of Minnesota must be responsible for maintaining current Winter flow of Perro Creek as it now exists. If funding is a problem work with our State Representatives to develop a source of funding. 2. All problems related to Perro Creek should be addressed in one comprehensive plan. 3. A cost-sharing method for any capital costs should be developed based on the hydraulic model flows which include all of the appropriate factors such as land areas, land uses, detention, routing, and similar watershed characteristics. Until all of these items are addressed I'm uncomfortable with supporting a project at this time. Bonestroo,Rosene,AnderIlk and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo Principals:Otto G.Bonestroo,P.E.•Joseph C.Anderlik,P.E.•Marvin L.Sorvala,PE.• Richard E.Turner,PE.•Glenn R.Cook.P.E.•Robert G.Schunicht.P.E.• Jerry A.Bourdon,P.E.• Rosene Robert W.Rosene,P.E.and Susan M.Eberlin,C.P.A..Senior Consultants Anderlik & Associate Principals:Howard A.Sanford,P.E.• Keith A.Gordon,P.E.•Robert R.Pfefferle.P.E.• Richard W.Foster.PE.•David O.Loskota,P.E.•Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.•Ted K.Field,P.E.•Kenneth P.Anderson,P.E.•Mark R.Rolfs,P.E.• Associates Sidney R.Williamson,P.E..R.S.•Robert F.Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN• Milwaukee,WI Engineers &Architects June 23, 1997 Mr. Michael Robertson City of Oak Park Heights 14168—57th Street North P.O. Box 2007 Oak Park Heights,MN 55082-2007 Re: Perro Creek Watershed Study Our File No. 55 Dear Mr. Robertson: We have reviewed the information provided to us as it pertains to various studies and proposals relating to possible improvements in the Perro Creek Watershed. There was a report prepared in • 1988, which was not provided, that contained preliminary hydrology information which identified some potential flooding problems. Apparently, one of the findings was that the costs to make the necessary improvements were "enormous" even though the costs were not quantified. We do not know the magnitude of the improvements identified or if the use of this adjective is appropriate. In April of 1994, another study was undertaken for the Middle St.Croix River WMO which we have reviewed. This study was completed with more accurate information than that available for the 1988 study and provided a computer model which simulates the hydrology of Perro Creek. The report identified major and minor peak runoff flooding problems along the creek with a majority of those located along Second Street. The report identified two improvement projects which included the reconstruction of the Prison Pond Outlet, which has been completed, and the construction of a new outlet through the railroad embankment at the river. The study also noted that there was a maintenance/operation challenge associated with the buildup of ice along the creek in the wintertime, but the development of a solution to the ice problem was not in the scope of the study. Recently,there has been a proposal to install a north outlet to the Prison Pond which presumably will provide a rather expensive solution to the winter icing problem but does not address the peak runoff problems. The costs of this "rather expensive"project has been somewhat quantified but does not include possible work in the submerged segment of existing pipe identified as Segment 5B. We further understand that an Alternate Route B is being considered which is a shorter route to the river between the Power Plant and the Anderson facility which would eliminate the need to rehabilitate Segment 5B of the existing system. A third alignment known as Alternate Route C has also been identified which provides for a piped outlet all the way from the Prison Pond outlet to the river 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 Mr. Michael Robertson June 23, 1997 Page 2 generally following the alignment of Fifth Avenue. While costs have not been established for this route, it will probably be the most expensive because it is the longest and involves substantial street reconstruction work. • It would appear that much of the WMO peak flow related problems could be addressed by extending an appropriately sized storm sewer from Second Street and Third Avenue to the river as shown in yellow on the attached drawing. Because there is good grade upstream from Fourth Street,isolated improvements to protect individual properties could probably be undertaken with minimal costs with the cooperation of the property owners being protected. As noted in the reports that have been prepared, the prevention of ice buildup in the wintertime appears to be an issue of proper operation and maintenance. If the inflow rate into the Prison Pond is accurate and all of the inlets are kept free of sediment and debris, ice accumulation should be minimal. If the discharge rates are lower than estimated at certain times,the Prison Pond could be drawn down at established intervals now that the gated outlet structure is in place. The cost for the operation and maintenance could be a WMO obligation and those costs reallocated in some manner. More importantly,a cost-sharing method for any capitol costs should be developed based on the hydraulic model flows which include all of the appropriate factors such as land areas, land uses, detention,routing, and similar watershed characteristics. In summary, we believe that the WMO should address all problems related to Perro Creek in one comprehensive plan and not propose activities that relate only to an isolated issue. This comprehensive plan should also establish a funding mechanism which divides costs of capitol improvements on an equitable basis utilizing the hydraulic model which has been generated. It is hoped that the comments contained herein will assist the City and the WMO in developing an acceptable watershed management plan for the Perro Creek drainage area. Very truly yours, BONESTROO, ROSENE,ANDERLIK&ASSOCIATES,INC. C/ oa Joseph C. Anderlik JCA:la WASHINGTON COUNTY Donald C.Wisniewski, P.E. ���G,rON cab Director Public Works/County Engineer ., PUBLIC WORKS DEPARTMENT John P.Perkovich, Deputy Director • PARKS •HIGHWAYS • FACILITIES Operations Division 11660 MYERON ROAD NORTH •STILLWATER, MINNESOTA 55082-9573 Donald J.Theisen, P.E.,Deputy Director 612-430-4300 Facsimile Machine 612-430-4350 Technical &Administrative Division m — �USTRr•PaoG° Sandra K.CUllen, P.E. plECM Traffic/TrensportationEngineerIJj Edward Kepler, Facilities Operations Manager May 9, 1997 MAY ( 2 1997 j Mr. Jeff Davis, P.E. Project Engineer SEH 3535 Vadnais Ctr. Dr. St. Paul, MN 55110 PRISON POND MODIFICATIONS Dear Mr. Davis: Thank you for requesting our comments on alternatives being considered for modifications to the operation of the Prison Pond water elevation. This issue has a direct impact on our adjacent County State Aid Highway 21 (CSAH 21). The recent reconstruction of CSAH 21 in 1996 was coordinated with the Middle St. Croix Watershed - Management Organization (MSCWMO). The project improved the outlet structure, the pipe for the Prison Pond, and was intended to provide a road elevation that would maintain a minimum amount of freeboard during peak conditions. We understand that additional efforts need to be made to reduce the downstream flooding potential. The first alternative you present is lowering of the Prison Pond. This alternative appears to be primarily an environmental issue. We are concerned that this does not provide a long-term solution. The second alternative involves changes to CSAH 21. This road core was not built to act as a dam. We will not support any alternative that increases the possible water elevation that the current CSAH 21 must retain. If CSAH 21 is rebuilt, this will require 100% local funding. We would need to review and approve designs and PP any 9 the local units would need to assume liability ab ty for road (dam) failure. The third alternative of constructing a year-round outlet is supported by our department. We have discussed with you the possible coordination of storm sewer work along CSAH 21 when we rebuild the east-west portion of the road north of the prison. This alternative may provide a long-term solution to a complex and long time challenge. Please let me know how we can further assist you in this effort. This is an issue that needs to be resolved. incerely, n Theisen, P.E. Deputy Director of Public Works cc: Wally Abrahamson, County Commissioner Don Wisniewski, Director of Public Works Ken Hartung, City of Bayport Mike Robertson, City of Oak Park Heights Molly Shodeen, DNR ...4t\davls2.1tr Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION Enclosure M I . MIDDLE ST. CROIX RIVER WATER MANAGEMENT ORGANIZATION ANNUAL ACTIVITY REPORT For the Fiscal Year: January 1 - December 31. 1996 I. Meeting Schedule: Fourth Wednesday of Every Other Month beginning Jan Bayport City Hall 7:00PM Board Member Listing and Affiliated Municipality: See Attachment A Officer Listing: Term Expiration Date: Chair John McPherson January, 1997 Treasurer Barbara O'Neal January, 1997 Secretary Gerald Burton January, 1997 Technical Consultants: Washington County Soil & Water Conservation District 1825 Curve Crest Blvd. #101 Stillwater, MN 55082 612-439-6361 Mark Doneux Wendy Griffin II. List Objectives Identified in Reporting Year's Work Plan and Outcome: 1. Complete a Perro Creek Scoping Study ($74,000) to define feasible methods to maintain a relatively consistent water level in Perro Creek Pond during all times of the year. Study Includes: a) Contour mapping to the scale of 1" = 100 ft. with 2 ft. contour intervals b) Hydrology/Hydraulic Analysis including: run-off characteristics, • rainfall events, culvert & ditch capabilities, water surface profile, and field survey. c) Design new outlet for Perro Pond including: design for 5 & 10 year storm events and ditch design for 100 year Type 1 AMC2 precipitation event. Outcome: Completed 2. To contract with Washington County Soil & Water Conservation District to prepare and submit an application for a Minnesota Department of Natural Resources Flood Damage/Hazard Reduction Grant on behalf of the city of Bayport for contributing funds for the Perro Pond/Creek project. Outcome: Completed Successfully 2 3. Contract with Metropolitan Council to continue third year of water monitoring for Lake McKusik Outcome: Completed 4. Update Joint Powers Agreement according to the Board of Water & Soil Resources Rule #8410, including the capacity for ad valorem taxing for plan revision and/or projects added to the WMO plan. Outcome: Completed October 10, 1996 5. Update WMO Administrative Budget Formula for member municipalities based on (40%) acreage within the watershed and (20%) annual tax capacity figures. Outcome: Completed as part of JPA October 10, 1996 6. Contract for 1995 year end audit. Outcome: Completed 7. Contract through Washington County Soil & Water Conservation District to continue erosion control inspection and specific project review per WMO Plan requirements via the prompt procedure during application for individual project permits. Outcome: Completed - See listing under section IV 8. Develop articles for public education purposes to include in local newsletters. Outcome: Incomplete - Need Board Member point person with knowledge and commitment to write or seek assistance in writing and distributing. 9. To forward Requests for Proposals on a feasibility study for a north outlet structure on the prison/Perro pond and frame a Joint Powers Agreement between the sub watershed ( Oak Park Heights, Bayport, Stillwater, & Baytown) to specify cost allocation. Outcome: Completed (See RFP Attachment) Ill. Projected Work Plan for Upcoming Fiscal Year: 1. Complete Prison Pond structural outlet feasibility study and and proceed with project. Est. Completion 2. Continue monitoring of Lake McKusiak and discuss helping to form a citizen lake association to look at water quality improvements for Lily Lake. Est. Completion 3 3. Continue erosion control inspection and specific project review through the technical expertise of Washington County Soil & Water Conservation District. Est. Completion 4. Confirm that all municipality members have individual surface water plans that are consistent with the Middle St. Croix River WMO Plan. Est. Completion 5. Public Education on purpose and function of WMO: Have a group of representatives attend at least one of each 11 municipality meetings to educate LGU officials on the WMO so that their knowledge will reach to the general citizenry. Seek out those interested in forming a citizen advisory committee. Est. Completion 6. Educational project: Work with Washington County Agricultural Inspector, Rich Sebastian, and Washington County SWCD personnel on project to eradicate purple loose strife in Perro pond through biological methods. In particular, purchase plant eating beetles, involve school group in project, direct and participate in their distribution and initiate area wide educational and public relations publications. Est. Completion 7. Contract for year end audit. Est. Completion IV. Summary of Permits, Project Reviews, Variances & Enforcement. 1. Total number of permits issued or denied: N/A The WMO is NOT a permit issuing body 2. Total number and summary of the projects reviewed by the WMO. PROJECT REVIEWS FOR 1996: (REVIEWED BY WASHINGTON COUNTY SWCD TECHNICAL STAFF) 1. Emerald Higlands New Development West Lakeland Township 2. Summerfield New Development West Lakeland Township 3. Sweetwater Hills New Development West Lakeland Township 4. Bayport Elementary School Expansion Bayport 4 5. Shiely Company Expansion Lakeland/West Lakeland 6. Bayport Comprehensive Plan Bayport 7. CSAH 14 Road Improvement Baytown 8. HWY 36 Road upgrade & Corridor Oak Park Heights reconstruction for new Bridge 9. Stillwater Yacht Club Additions to moorings Stillwater and charter docks 3. Summary of variances issued: WA 4. Summary of enforcement actions taken: NONE • IV. Summary of Water Quality Monitoring Data: See Attachment B for the Metropolitan Council summary report. V. Status of Local Plan Adoption: 1. Local plans that have adopted the Middle St. Croix River plan "as their own": Date Approved: a. Afton b. Bayport c. Oak Park Heights d. Stillwater e. Stillwater Township f. St. Mary's Point 2. Municipalities that have not relayed formal adoption information or individual surface water plans: a. Baytown Township b. Lakeland c. Lakeland Shores d. Lake St. Croix Beach e. West Lakeland Township VI. Summary of General Circulation Written Correspondence: See Attachment C 5 VII. Biennial Solicitation for Professional Services: 1. Was the organization required to solicit proposal for professional engineering and /or legal services this year. YES, for the Request for Proposals see Attachment D VIII. Status of Locally Adopted Wetland Banking Program. None. (Where is the WMO the specific Wetland LGU ?) IX. Annual Budget Summary for Current Reporting Year: The "Revenue Source" is entirely from the general funds of the member municipalities based on the 1996 appropriation formula. See Appendix E Budget Item Amt. Budgeted Amt. Expended a) Insurance $3000.00 b) Monitoring 860.00 c) Technical Assistance (SWCD) 3000.00 d) Audit 600.00 e) Publication 20.00 f) Bank Charges 40.00 g) Postage 180.00 h) General Administration 2300.00 10,000.00 —Sub Watershed------ MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION IITT14Cl/P2& 10/95 AFTON Jack Wleb 436-2224 14580 57th St . South Afton, MN 55001 BAYPORT Beverly Schultz 439-2530 580 6th Ave North /t• y39 -1377 Bayport , MN 55003 BAYTOWN Anders Hansen 439-1881 TOWNSHIP P.O. Box 135 Stillwater, MN 55082 LAKELAND Gerald Burton 436-7990 16111 First St . North Lakeland, MN 55043 LAKELAND SHORES Janet Giuliani 436-5641 15 Lakeland Shores Road Lakeland Shores, MN 55043 LAKE ST. CROIX Emerson Gates 436-5773 BEACH 2090 South Quello Avenue Lake St . Croix Beach, MN 55043 OAK PARK HEIGHTS Barbara O'Neal (TREAS. ) 439-3381 5495 Oakgreen Place North Oak Park Heights, MN 55082 ,r- ST. MARY'S POINT Barbara Cobb (Secretary) 436-8953 2170 Itasca Ave South P.O. Box 302 Lakeland, MN 55043 STILLWATER ? 439-6121 c/o City of Stillwater 216 North 4th Street Stillwater, MN 55082 STILLWATER David Francis 430-3361 TOWNSHIP 11080 Penfield Ave North Stillwater MN 55082 WEST LAKELAND John McPherson (CHAIR) 439-3754 TOWNSHIP 2398 Stagecoach Trail No Stillwater, MN 55082 WASH.CTY SOIL & Wendy Griffin/Mark Doneux 439-6361 WATER CONSERVATION 1825 Curve Crest Blvd. Rm 101 DISTRICT Stillwater, MN 55082 // c,q7e,vr Jho. MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION The Middle St. Croix Watershed Management Organization or WMO was organized on March 25, 1985 as a Joint Powers Commission under the provisions of Minnesota Statutes 1982, Chapter 509. The purpose of this commission was to, prepare a watershed plan and implement this plan through, the development of land use regulations and other special impact studies which may have a positive impact on our water resources in the St. Croix Valley. There are approximately 19.4 square miles in the watershed: and includes the cities of City of Afton, City of Bayport, Baytown Township, City of Lakeland, City of Lakeland Shores, City of Oak Park Heights, City of St. Croix Beach, City of St. Mary's Point and City of Stillwater. Land use in the watershed is evenly split between agricultural uses, rural. residential and high density residential/commercial land uses. The Middle St. Croix WMO has representation from each community on its Board. The Washington County Soil and Water Conservation District assisted in the preparation of the Watershed Plan and continues to provide technical assistance and staff support to the organization. The WMO has prepared a Watershed PlaanVwhich h eaeach d tcoiruanity has adopted. Some communities .may iP watershed plans. The purpose of these plans are to provide a local mechanism for communities to: (a) reduce to the greatest practical extent, the public capital expenditures necessary to control excessive volummes and rates ff, (b) maintain and improve water quality, (c) prevent ng and erosion from surface flows, (d) promote groundwater recharge, and (e) secure the other benefits associated with the proper management of surface water. Presently, the cities of Bayport, Baytown Township, Oak Park Heights and the City of Stillwater are working on a study of Perro Pond and Perro Creek. In recent years, the old pumps have not worked correctly which has caused flooding pr oblems in Perro Creek. The study will identify ways to correct the problem. The Middle River WMO meets the Fourth Wednesday, every other month. If you would like to know specific times of these meetings, please call Bayport City Hall, 439-2530. : wato r , .,.°=•-•'--"m";;= .„ THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: Barbara Cobb, Chair, Middle River WMO FROM: Klayton Eckles, City of Stillwater i ; _ ' S } DATE: December 18, 1995f 1� ' ' ls ° t.f 1 d ) , t f. 4';'. RE: Municipality aim*, ,4A , ,, , , 1,f } *e Following is a breakdown of the Municipalky Pilling for 1996 for is tam of$10,000,based on the Joint Powers formula. "µ w Afton $ 51.56 Baytown 1026.67 4 Lakeland Shores 112.89 _ - 1 Stillwater 3700.89 . • ,...;;' St. Crois Beach 409.77. - West Lakeland 1099.56 ' 4 ,x y Bayport 938.67 ;•r . .., Lakeland 964.44 Oak Park Heights 1472.89 Stillwater Township 92.44 • St. Mary's-Point• 130.23 .$10 ,000.00 i. 4. , , tit t. ,ca y rite.''. t '-‘011/e'' ' ! ,I .' xZ. y x,� V. ,7£ i. y A.4!.;1.+114 !, .i bZ }z'�q S' " t4 Z 3� ..“s �' y-+f°l,; "1: ;, 141 4i; 1.1- l.;1. i 006. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Page 3 - City Council Minutes 01/28/97 R-: e_ f.r bdivisi.n Du•l-x • •• _ .v.1 - a P .1i H--r'n. - William & Debra Simonet - 5976 Stagecoach Trail - Administrator Robertson stated that Bill and Debbie Simonet have requested the Council waive the requirement for a complete application and set a Public Hearing for their request . Councilmember Swenson, seconded by Turnquist, moved to set a Public Hearing for the above request for Tuesday, February 25, 1996 at 7 :30 p.m. Carried 5-0 . Pay Equity Report - Councilmember Robert, seconded by Swenson, moved to adopt the pay equity report . Carried 5-0 . Home Occupation Letters - Councilmember Swenson noted he had received a complaint about the City requiring a home occupation permit for home businesses . Administrator Robertson said that Council was concerned that the City was not enforcing the ordinance that requires businesses operating out of the home apply for a Home Occupation Permit . Therefore, the City sent letters to individuals identified as having a home occupation business . Robertson noted that the current fee for a Minor Home Occupation Permit is $25. 00 and the current fee for a Major Home Occupation Permit is $100 . 00 . Robertson said that the current definition of a Major Home Occupation business is that it has retail traffic and/or outdoor storage. He indicated that both Minor and Major Home Occupation Permits can be renewed for $10 . 00 per year. After much discussion about possibly changing the definition and/or fees for home occupations, Council tabled any action. Cable - Councilmember Turnquist reported on the recent Cable Commission meeting. Middle St . Croix Water Management Organization - Administrator Robertson stated that he attended the recent MSCWMO meeting because citizen representative Barbara O'Neal was unable to attend. Robertson reported that the organization discussed a preliminary report prepared by SEH for a northern outlet for Perro Pond. The report estimates the total cost for the northern outlet to be between $800, 000 to $1, 000, 000 . The City' s portion of the cost would be $400, 000 to $500, 000 . Robertson indicated that Barb O'Neal has resigned from the MSCWMO. O'Neal recommended that because of the potential cost to the City of the Northern Outlet improvement that the City Council should appoint an elected official to the MSCWMO. Councilmember Robert, seconded by Beaudet, moved to appoint Councilmember Beaudet to the MSCWMO. Carried 5-0 . Recycling Award - Administrator Robertson stated that the recipient of the $25 . 00 check from the City of Oak Park Heights for participating in its recycling program is Sharon Philipson, 5520 O'Brien Avenue. Encl-osure H 1997 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEMBERS CITY REPRESENTATIVE ALTERNATE AFTON Kent Shamblin 43 So. Croixview Drive Afton, Minnesota 55001 BAYPORT Allen Schultz 580 6th Ave. No. Bayport, MN 55003 439-2530 BAYTOWN Anders Hansen (Treasurer) TOWNSHIP P.O. Box 135 Stillwater, MN 55082 439-1881 LAKELAND Evan Anderson Diane Wirth 16655 7th St. So. 16160 No. 4th Lakeland, MN 55043 Lakeland, MN 436-6227 LAKELAND Karen Heisick SHORES 195 Quinlan Ave. No. Lakeland, MN 55043 436-2929 LAKE ST. CROIX Dawn Beedle John Jansen BEACH 1470 Riviera 1300 Riviera A Lake St. Croix Beach 55043 Lake St. Croix Beach 436-8966 OAR PARK David Beaudet HEIGHTS 6400 No. Lookout Trail Stillwater (Oak Park Heights) , MN 55082 439-2582 ST. MARY'S Barbara Cobb (Secretary) POINT 2170 Itasca Ave. So. P.O. Box 302 Lakeland, Mn 55043 436-8953 STILLWATER Klayton Eckles City of Stillwater 216 No. 4th Street Stillwater, Mn 55082 439-6121 STILLWATER David Francis TOWNSHIP 11080 Penfield Ave. No. Stillwater, MN 55082 430-3361 WEST LAKELAND John McPherson (Chairperson) TOWNSHIP 2398 Stagecoach Trail No. Stillwater, MN 55082 439-3754 WASH. CTY. SOIL Wendy Griffin/Mark Doneux AND WATER 1825 Curve Crest Blvd. , Room 101 CONSERVATION Stillwater, MN 55082 DISTRICT 439-6361 MEETING PLACE BAYPORT CITY HALL 294 NO. 3RD STREET BAYPORT, ME 55003 439-2530 Ken Hartung, City Administrator z , Enclosure 7C 3 CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 December 12, 19 9 6 Phone: (612)439-2530 Mike Robertson, -T lE ©CE P��l 11( City Administrator ! II City of Oak Park Heights � - ! P.O. Box 2007 I E\ DEC 121996 I, I Stillwater, MN 55082 `1\t 1.H Dear Mike: During the month of October, 1996, the Cities of Bayport, Oak Park Heights, Stillwater and Baytown Township signed a Joint Powers Agreement for a Feasibility Study of the Prison Pond North Outlet Structure. ; The Joint Powers Agreement specified Short- Elliott-Hendrickson- would conduct the work necessary to complete the Feasibility Study for an estimated cost of $26, 600.00. To help offset the cost of the Feasibility Study, the City of Bayport entered into an Agreement with the State of Minnesota Department of Natural Resources for a Flood Hazard Mitigation Grant in the amount of approximately $11, 000. 00. The $11,000.00 Hazard Mitigation Grant will help fund the Feasibility Study. With $11, 000. 00 of the estimated $26, 600 . 00 of the Feasibility Study being paid by the Hazard Mitigation Grant, there remains $15, 600 . 00 to be paid by the local governments participating in the Joint Powers Agreement. The Joint Powers Agreement for the Feasibility Study for the Prison Pond North Outlet Structure set out the amount to be contributed for the cost of the Prison Pond Outlet Structure Feasibility Study by the participating local governments . Those amounts are specified as follows: Bayport 26. 65% $ 4, 158.00 Baytown Township 18.93% 2,953.00 Oak Park Heights 50. 13% 7, 820.00 0 Stillwater 4.29% 669 .00 Total 100% $15,600.00 To date, the City has received billings from SEH of approximately $8, 000 . 00 . We are anticipating receiving the full billing of $26, 600 . 00 between now and January 22, 1996, when the Feasibility Study will be complete. To help the City of Bayport . fund those expenses, we have forwarded an invoice for your consideration of payment. The invoice is for the full amount agreed upon by your local government in the Joint Powers Agreement. We would appreciate payment of the invoice at your earliest possible convenience. The City of Bayport will be required to pay the entire amount of $26, 600 . 00 to Short-Elliott- Hendrickson by February 3, 1997 . Thank you for your attention to this matter. Should you have any questions about the content of this letter, please contact me at 439-2530 . Since s, Aril% e = h rtuns C. Adminis at•r Page 2 - City Council Minutes 08/27/96 City Hall Use - Robertson said that a political party had asked to use City Hall for an event . Robertson asked for direction from Council regarding the use of City Hall by non-governmental bodies . After discussion, Council directed Robertson to survey similar sized and nearby communities to see what their policies were . Cable - Councilmember Swenson reported that the next meeting of the Cable Commission will be Wednesday, September 18 at Bayport City Hall . Water Management Organizations - Mayor O'Neal reported that Brown' s Creek Water Management Organization had passed a resolution asking all of its local governments to dissolve the joint powers agreement which created it . Resolution 96-08-25 - Mayor O'Neal, seconded by Schaaf, moved to approve the dissolution of the Brown' s Creek Water Management Organization joint powers agreement . Middle St. Croix Water Management Organization - Mayor O'Neal said Middle St . Croix WMO will meet Wednesday, August 28, 1996 at Bayport City Hall . Mayor O'Neal noted that the City of Bayport had incurred expenses related to the flooding of Perro Pond. She noted that Oak Park Heights contributed 54% of the water to Perro Pond, and recommended that the City reimburse Bayport for 54% of its expenses. Councilmember Swenson, seconded by Kern, moved to reimburse Bayport for 54% of its expenses related to the flooding of Perro Pond, with a cap of up to $4, 000 . Carried 5-0 . • Recycling Award - Robertson reported that the recipient of the $25 . 00 check for participating in Oak Park Heights recycling program on August 22, 1996 was Joseph McQuillan, 5558 Novak Avenue North. Strategic Planning Committee - The next meeting of the SPC will be Thursday, November 7, 1996 at 7 : 00 p.m. at Bayport City Hall . Oak Park Heights Business Group - Councilmember Schaaf reported that the next OPHBG meeting will be held Wednesday, September 4, 1996 at 7:30 a.m. at Applebee ' s Restaurant . Garbage - Councilmember Swenson reported on a meeting that he and staff had held with United Waste regarding increasing recycling at apartments by using dumpsters rather than individual containers. City Attorney Vierling said that this was permitted but would require modifying the City' s Memorandum of Understanding with United Waste . Councilmember Swenson, seconded by Schaaf, moved to allow dumpsters at apartment buildings and to direct the City Attorney to modify the Memorandum of Understanding. Carried 5-0 . CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY February 23 , 1996 Middle St . Croix WMO C/O Mark Donay Soil Conservation Service 1825 Curve Crest Boulevard Stillwater, MN 55082 Dear Middle St . Croix Managers : The City of Oak Park Heights recently approved a storm water drainage plan for the area west of Oakgreen Avenue . Since part of this area is in your community or watershed we thought you should receive a copy of the plan. Please note that this plan is based on the future development of this area, and that holding ponds will have to be provided as the area develops . Please also note that while none of the locations of these future ponds are set in stone, many of them are situated in natural depressions or low lying areas in which water currently ponds during a high rain event . If someone wishes to develop in an area shown as a pond, they would have to find another holding area somewhere else . If you have any questions, please give me a call . Sincerely, Michael Robertson City Administrator cc : City Engineer Joe Anderlik City Attorney Mark Vierling City Planner Scott Richards 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 Page 5 - Minutes 01/041" • County Wide Equipment Sharing Study - Robertson reported on a proposal the City received for participation in a study on the feasibility of sharing the purchase of major equipment by local governments . The proposal requests funding to hire an intern at a rate of $10 . 00 per hour to both inventory the current equipment of Washington County governments and to determine what those governments unmet equipment needs are and how that equipment could be shared. Councilmember Swenson, seconded by Kern, moved to join the venture with the stipulation that cities have equal representation on the steering committee regardless of size. Carried 5-0 . Establish a Public Hearing Date - Transfer of Liquor License - Club Tara Inc. to Club Tara Supper Club, Inc. - Councilmember Kern, seconded by Swenson, moved to establish a Public Hearing Date of February 12, 1996 . Carried 5-0 . Consent Agenda Process - Councilmember Schaaf, seconded by Swenson, moved to direct City Administrator Robertson to prepare a Consent Agenda as part of every regular meeting agenda. Carried 5-0 . The Consent Agenda will be the last item on the 6 :30 agenda. 1996 Council Meeting Dates - Councilmember Robert, seconded by Kern, moved to approve the 1996 dates for Council meetings as presented Robertson. Carried 5-0 . HRA Board Meeting - Councilmember Schaaf, seconded by Kern, moved to adjourn to the HRA Board meeting. Carried 5-0 . Mayor O'Neal opened the meeting for business . Hearing no business, Councilmember Schaaf, seconded by Swenson, moved that the City Council be appointed officers of the HRA Board and to adjourn the HRA Board meeting to the City Council meeting. Carried 5-0 . February Newsletter - Robertson presented a list of proposed articles for the February newsletter. Council requested the following articles be added to the list : An article on the increase in sewer and water rates, Family Violence Network information, and the proposed boat access . ‘ 3t Croix Joint Powers Agreement - Mayor O'Neal presented the Joint Powers Agreement . Councilmember Schaaf, seconded by Swenson, moved to adopt Resolution 96-01-03 A Resolution Approving the Middle St . Croix Joint Powers Agreement . Carried 5-0 . Perro Creek Study - Mayor O'Neal reported that the Middle St . Croix Watershed Management Organization is in the process of initiating a study to estimate the cost of establishing a pump outlet on Perro Pond. I- 8 - 9(p 05/17/95 16:06 ECKBERG LAW FIRM 4 OPH NO.309 P002 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF ec VIERLING, P.L.L.P. 1535 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612)439-2676 DAMES F_ LAMMERS FAX(612)439-2923 ROBERY 0. BRIGGS PAUL A. WOLFF MARK J.VIERLING GREGORY G.GALLER KEVIN K. SHOEBEPG THQMAS J. WEIDNER SUSAN D OLSON May 17, 1995 THE HONORABLE BARBARA H O'NEAL MAYOR OF THE CITY OF OAK PARK HEIGHTS 5495 OAK GREEN PLACE NORTH OAK PARK HEIGHTS MN 55082 RE: Middle St. Croix Valley Joint Water Management Organization Dear Mayor O'Neal : We have reviewed the latest draft of the Joint Powers Agreement for the Middle St. Croix Valley Water Management Organization and find the same to be generally in conformance with the statutory requirements that have occurred since the original adoption of the agreement. We would, however, recommend that the following changes be implemented in the final draft prior to its execution: 1 . On page 1, paragraph 1, we recommend that the last sentence be modified to read as follows: "Each party to this agreement pledges its cooperation to meeting the requirements of the Metropolitan Surface Water Management Act, Minn. Stat . §1038.2012 103B.255 . " We would recommend this change because the agreement in its current text format also covers several aspects of groundwater with provisions being applicable thereto. The incorporation of these changes would not preempt the local authority from adopting its own special tax district under 51035.245 but would allow the increased flexibility of also dealing with these issues through the Water Management Organization as well . 2 . Page 1 and 2, paragraph 1 . 1, could be changed to more closely align with the provisions in Minn. Stat . 51038. 201 (see enclosure 1) , the sub-parts of that statute could, of course, be added to as opposed to replacing the existing criteria set forth within your paragraph 1 . 1 in its sub-parts. 05/17/95 16:06 ECKBERG LAW FIRM 4 OPH NO.309 P003 THE HONORABLE BARBARA H O'NEAL Page Two May 17, 1995 3 . Page 4, paragraph 3 .3, we would suggest that the sentence be added providing as follows: "The vacant position shall be filled in accordance with the requirements set forth within Minn. Stat . §103B.227 (1995) . " 5 . Page 6, paragraph 3 . 10, you have incorporated provisions within your voting requirements to acquire a greater majority than that which is otherwise required by law. The current statute which applies is Minn. Stat . §103B.211 which now requires a two-thirds majority for decisions on capital improvement projects. The draft that you have provided would require three-fourths majority on amendments to the annual operating budgets and a three-fourths majority vote of the commission to assess members for capital improvements. z assume the provisions of your existing draft within 3 . 10 were intentional, however, I take this opportunity to alert you to the statutory provision should that not have been the case. 6 . Page 7, paragraph 4.6, the two Minnesota statutes cited have since been repealed. The appropriate statute is now §103B.211 subd. 1 and has effectively replaced what you have cited as Minn. Stat. §473 . 877 and §112 .43 (10) . The second sentence should be modified to read the commission is 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 . 7. Page 8, paragraph 4 .7, again the statutory reference to Minn. Stat . §471 . 01 has been altered by the act of the legislature, the appropriate reference is now to Minn. Stat. §471.345. Additionally, the word "Uniform" should be stricken. 8 . Page 10, paragraph 5. 5, we believe the correct reference to the Minnesota Rules should read Chapter 8410 . 0150 . 9. Page 11, paragraph 6 .1, last paragraph again refers to a three-fourths vote of the Commissioners. Again, I assume that this was an intentional effort to require a super-majority, greater than that which is now prescribed within the statute, however, again I draw your reference to the statutory two-thirds provision with regard to capital improvements as noted above for your reference (see Minn. Stat. §103B.211, subd. 5c. 10 . Page 12, paragraph 6 .4, the statutory reference should be Minn. Stat . §429. 081 as opposed to §421. 081. From a grammatical standard, we would also suggest a review of the document in the following areas: • 05/17/95 16:06 ECKBERG LAW FIRM 4 OPH NO.309 P004 THE HONORABLE BARBARA H O'NEAL Page Three May 17, 1995 a. Page 1, paragraph 1 contains the parenthetical quote hereinafter referred to as WMO. We do not see any other references made in the document to quote WMO. Consequently, the parenthetical may be unnecessary. b. Page 1, paragraph 2 contains the misspelled word "within" . c. The term "groundwater" is spelled within the statutory context as a single word as opposed to two words referenced within the agreement. d. Page 3, paragraph 1 . 2 (i) , contains the acronym MSCWMO, it would appropriate to reference that as a parenthetical reference within the first paragraph if that reference desires to be retained. I further note that Exhibit 1 is referenced within the Agreement and should, of course, be a map. You may wish to reference Minn. Stat . §103B.211 subd. 2, which refers to maps for these organizations. Presumably, that map has the same water management organization boundaries as has historically existed and it does not represent a change from that which is previously adopted in previous years. Further, you may find it advisable to include a paragraph within the agreement under the Board of Commissioners section regarding the statutory requirement of a newsletter in Minn. Stat . §103B. 227 subd. 4 (enclosure No. 2) . Finally, I am assuming that, although the agreement is being updated and brought current, there is no current provision being made within the text of this particular action to review or alter the plan. Should that be the case, the statute obviously provides for additional procedures which must be imp - ent,-d as far as plan review is concerned. Naturally, should •u or .ny member of the commission have any questions in the m- ter, p ease feel free to contact me directly. Thank you for the opportunity t. revie this document and work with the organization. You s -ry truly, Ma J. Vierling MJV/smp 05/17/95 16:06 ECKBERG LAW FIRM 4 OPH N0.309 P005 S (. 3033.245 WATER PLANNING AND PROJECT IMPLEMENTATION 466 w -t, -i area or a joint powers entity established wholly or partly within the metropolitan area by special law or by agreement that performs some or all of the functions of a watershed. district for a watershed and that has the characteristics and the authority specified under section 1038.211.Lake improvement or conservation districts are not watershed management organizations. History: 1990 c 391 art 2 s 6: .1990 c 601 s 7 ;- .. 103B.211 JOINT POWERS WATERSHED MANAGEMENT ORGANIZATION. Subdivision 1. Authority. (a) Any agreement under section 471.59 to jointly or ',.e• cooperatively manage or plan for the management of surface water in a watershed . w;°"" .0,, delineated pursuant to subdivision 2, as required by sections 103B.205 to 103B.25$, may provide, in addition to other provisions authorized by section 471.59,for a joint, ;'.; -` board having: i. (1) the authority to prepare,adopt,and implement a plan for the watershed meet- t r, ing the requirements of section 103B.231; <,, (2) the authority to review and approve local water management plans as provided "' in section 103B.235; (3) the authority of a watershed district under chapter 103D to regulate the use and development of land in the watershed when one or more of the following conditions • exists: (i) the local government unit exercising planning and zoning authority over the. . • land under sections 366.10 to 366.19, 394.21 to 394.37,or 462.351 to 462.364,does I not have a local water management plan approved and adopted in accordance with the requirements of section 103B.235 or has not adopted the implementation program described in the plan; (ii) an application to the local government unit for a permit for the use and devel- opment of land requires an amendment to or variance from the adopted local water management plan or implementation program of the local unit;or (iii) the local government unit has authorized the organization to require permits for the use and development of land; . (4) the authority of a watershed district under section 103D.625, to accept the ' transfer of drainage systems in the watershed, to repair, improve, and maintain the '' transferred drainage systems,and to construct all new drainage systems and improve- meats of existing drainage systems in the watershed,provided that(1)projects may be carried out under the powers granted in sections 1038.205 to 1038.255 or chapter 103D or 103E;and(u)proceedings of the board with respect to the systems must be in conformance with the watershed plan adopted under section 1038.231;and (5) other powers necessary to exercise the authority under clauses(1)to(3),includ- ins the power to enter into contracts for the performance of functions with governmen- wy Lal units or persons. (b) The board of water and soil resources shall adopt rules prescribing minimum requirements for the content of watershed management organization joint powers r agreements_ (c) Decisions by a joint powers board may not Require more than a majority vote, `: except a decision on a capital.improvement project,which may require no more than a two-thirds vote. Subd. 2.Review of watershed boundaries.Before commencing planning under sec- tion 1038.231,a watershed management organization established pursuant to section 471.59 and this section shall submit a map delineating the boundaries of the watershed ;; to the board of water and soil resources for review and comment on the conformance ;.• of the boundaries with the requirements of sections 1038.205 to 103B.255.The board . fi' shall have 60 days to comment. 'w Subd. 3.Jnrisdictioo over no bens.(a)A watershed management organization yr., established by agreement pursuant to subdivision 1 may exercise the authority pro- k 05/17/95 16:06 ECKBERG LAW FIRM 4 OPH NO.309 P006 • 466 467 WATER PLANNING AND PROJECT IMPLEMENTATION 10311.215 within the metropolitan area ,r,; vided in the agreement throughout the watershed delineated including territory in stat- the functions of a watershed utory and home rule charter cities and towns that are not members of the organization. and the authority specified if the cities and towns that are not members consent to the exercise of authority within :n districts arc not watershed their jurisdictions and if the membership of the organization includes: (I) the county or counties having jurisdiction over all of the territory of the water- ` • shed that is within the cities and towns that are not members of the organization;and (2) either cities and towns having jurisdiction over at least 50 percent of the land MENT ORGANLZATION, area of the watershed and comprising at least three-quarters of all of the cities and Section 471.59 to jointly or ., towns having territory in the watershed, or cities and towns having jurisdiction over uface water in a watershed # at least 75 percent of the land area of the watershed. ons 103B.205 to 103$.255 (b) The county or counties identified in paragraph(a),clause(1),are responsible y section 471.59,for a joint I for watershed management activities and may exercise authority under sections 1038.205 to 103B.255 in and for consenting cities and towns that are not members of clan for the watershed meet- the organization. Subd. 4. Appropriadoas from small watercourses.(a)This subdivision applies in nagement plans as provided Hennepin and Ramsey counties to the following public waters: (1) a public water basin or wetland wholly within the county that is less than 500 iO3D to regulate the use and acres; or of the following conditions (2) a protected watercourse that has a drainage area of less than 50 square miles. (b) An appropriation of water that is below the minimum established in section 1030.271, subdivision 4,for a nonessential use, as defined under section 1030.291, zoning authority over the is prohibited unless a permit is obtained from the watershed district or watershed man- n 462.351inaccordance t462.3with does agement organization having jurisdiction over the public water basin, wetland, or 'led in the watercourse. The watershed district or watershed management organization may implementation program impose a fee to cover the cost of issuing the permit.This subdivision must be enforced unlit for the use and dewe!- ' by the home rule charter or statutory city where the appropriation occurs.Violation of �m the adopted local water ,. this subdivision is a petty misdemeanor,except that a second violation within a year unit;or is a misdemeanor.Affected cities shall mail notice of this law to affected riparian and adjoining landowners. nization to require permits • Subd. 5. (Repealed, 1991 c 199 art 1 s 161 Y 103D.625, to accept the '"t History: 1990 c 391 art 2 s 7;; 1990 c 601 s 8; 1991 c 199 art 1 s 15 uprove, and maintain the • 103B.215 BOUNDARY CHANGE OF WATERSHED DISTRICTS. sage systems and improve- Subdivision 1.Procedure.The boundaries of a watershed district wholly within the ' :(i)projects may be metropolitan area may be changed pursuant to this section or chapter 103D. ;5 tot 103B.255 thesystems s chapter Subd. 2. Pedition.(a)The governing board of a watershed management organiza- tionto systems must be °, 1038.231;and `f` tion may petition the board of water and soil resources for an order changing the bound- aries of a watershed district wholly within the metropolitan area, by adding new yr clauses(1)to(3X includ- i`' territory to the district or by transferring territory that is within the district to the juris- ccions withveramen- go diction of another watershed management organization. �'Y (b) The petition must: 'les prescribing minima .. ' )rganization joint powers (1) describe with particularity the change in boundary requested, the territory 1 , 4,, affected,and the reasons for the change; lore than a majority vote, • yc (2) show that the change is consistent with the purposes and requirements of sec- ,. •• tions 1038.205 to 103B.255;and nay require no more than (3) idea °:Ntify property subject to section 103B.225. •acing planning under sea (c) The petition must be accompanied by a written statement of concurrence in fished pursuing to section c the petition from the governing body of each statutory or home rule charter city and undaries of the watershed town and each watershed management organization having jurisdiction over the terri- nent on the conformance ,s tory proposed to be added or transferred. •3 to 103B.25$.The board • Subd. 3. Notice.(a) Upon the filing of a sufficient petition, the board shall give notice of the filing of the petition by publication once each week for two successive weeks in a legal newspaper in each county affected and by mail to the county auditor anagethent organization of each county affected and to the chief official of each statutory or home rule charter ,eercise the authority pro- ,_ city and township affected. i 3 612 439 2923 05/17/95 16:05 ECKBERG LAW FIRM -> OPH NO.309 P001 LAW OF^iC_S OF ECKeERG. LAMMERS. BRIGGS. WOLF-F & VIERLING. P-L.L.P. 1835 NORT W STERN AVENUE S74L WATEa MtNNESOTA 95082 LYLE ECKBERG ,612) 439.28,8 JAMES F LAMMERS FAX 1g,2} 439.29E3 ROBERT G. BRIGGS bAUL A WOLFF MARK 4 VICRLING GREGORY G, GAI.LER KEVIN K. 5NOCBER0 COVER SHEET - FACSIMILE TRANSMI SION TMOMAS J.WEIDNER SUSAN 0. OLSON DATE: Please deliver the following page (s) to : NAME : . /1-0-k-4' > 171 •-. FAX NO: FROM: iafo'ovie, TOTAL NUMBER OF PAGES , 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 recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or 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 claim for damages against the violation. IF YOU DO NOT RECEIVE ALL OF THE PAGES OR RECEIVED THIS TRANSMISSION IN ERROR, PLEASE CALL (612) 439-2878 COMMENTS: * . * < * HARD COPY (WILL) (:T.,L NOT) FOLLOW 2Y MA;: 05/17/95 16:06 ECKBERG LAIC FIRM a OPH NO.309 P007 468 364 WATER PLANNING AND PROJECT IMPLEMENTATION 103$-231 the petition and invite written . 10313.225 BOUNDARY CHANGE AND TERMINATION EFFECT ON BENE- •d. The notice must announce FITS AND DAMAGES. petition may submit a written , (a) The addition or transfer of property or termination of a district under sections st publication of the notice of - 1038.215 and 10313221 must not affect the benefits or damages for any improvement •hearing is received the board previously constructed by the district having jurisdiction over the property before the bdivision without conducting board's order takes effect. The property affected is and remains liable for its proper share of any outstanding indebtedness of the watershed district applying to the property or hearing is not received,the before the board's order,and levies and assessments for the indebtedness continue in aring within 30 days after the force until the debt is fully paid. ceived the board shall hold a •'- (b) In order to satisfy the requirements of this section, the board may prescribe s in chapter 103D r conditions on the boundary change or termination or,naay prescribe a later effective ding date for the termination of specified powers of a watershed district. subdivision,the board shall, History: 1990 c 391 art 2 s 10 ested if the board determines 1038.227 WATERSHED MANAGEMENT ORGANIZATIONS. le charter city and town and Subdivision 1. Appointment of members. Watershed management organizations fiction over the territory pro- • shall notify the board of water and soil resources of member appointments and vacan- cies in member positions within 30 days.Appointing authorities shall fill vacant posi- 4 requirements of sections tions by 90 days after the vacancy occurs. Subd. 2.Notice of board vacancies.Appointing authorities for watershed manage- ..with section 10313.225. merit organization board members shall publish a notice of vacancies resulting from :and order with the secretaryexpiration of members'terms and other reasons.The notices must be published at least °ction 1038.225. The rder once in a newspaper of general circulation in the watershed management organization distribution of managers of ' area.The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration.Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. • Subd. 3. Removal. Appointing authorities may remove members of watershed within the metropolitan area management organization boards for just cause.The board of water and soil resources 1D• shall adopt rules prescribing standards and procedures for removing members of water- his subdivision must be ini shed management organization boards for just cause. tied jointly by the governing • Subd. 4.Newsletter.A watershed management organization shall publish and dis- 'as having jurisdiction over tribute at least one newsletter or other appropriate written communication each year to residents.The newsletter or other communication must explain the organization's ion, the board shall hold a water management programs and list the officers and telephone numbers. sapter 1031), to take testi- Subd. 5. Requests for proposals for services.A watershed management organiza- lo tion shall at least every two years solicit interest proposals for legal, professional, or earing,the board shall, by technical consultant services before retaining the services of an attorney or consultant I.the board determines: or extending an annual services agreement in over territory within the Subd. 6.Formation of association.The board of water and soil resources shall facil- itate pursuant to see- itate the formation of an association of watershed management organizations and 'the'oint inform the association,if formed,of similar national associations with which it may J powers organza- become affiliated. ;ibis of the district's assets • Subd. 7. Drainage systems. Watershed management organizations may accept rices and to implement necestheary ` transfer of drainage systems under sections 1038.205 to I03B.255. SS to the - loped pursuant to section . History: 1990 c 601 s 9 informance with section I 103B.231 WATERSHED PLANS. Subdivision 1. Requirement. (a) A watershed management plan is required for d order with the secretary 1 watersheds comprising all minor watershed units wholly or partly within the metropoli- assets of the district to the ' ' tan area.For minor watershed units having more than 90 percent of their area within lust conform to section the metropolitan area,the watershed management plan must be prepared,adopted,and implemented in accordance with the requirements of sections 103B.205 to 103B.255. : (b) Minor watershed units having 90 percent or less of their area within the metro- , Enclosure J MIDDLE ST CROI:. RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES DECEMBER 20 . 1995 Members Present : John McPherson WEST LAKELAND TOWNSHIP Emerson Gates LAKE ST. CROIX BEACH Barbara Cobb ST. MARY'S POINT Anders Hanson BA's T OWN TOWNSHIP Beverly Schultz BAYPORT Barbara O 'Neal OAK PARK HEIGHTS Jack Wieb AFTON Mack Doneux SOIL & WATER CONSERVATION Ken Hartung BAYPORT ADMINISTRATOR The meeting was called to order at 7:03PM by Chair . John McPherson . MOTION WAS MADE by O'Neal and SECONDED by Gates to approve the minutes of the October 25. 1995 meeting. MOTION CARRIED. MOTION WAS MADE by Hanson and SECONDED by Gates to approve the Agenda. MOTION CARRIED. TREASURER'S REPORT O'Neal presented a written Treasurer 's report with a balance of $2995. 17. It was MOVED by Schultz and SECONDED by Cobb to accept the treasurer's report subject to audit . MOTION CARRIED. MOTION WAS MADE by Hanson and SECONDED by Schultz to pay the following bills: MOTION CARRIED. THE Courier $ 2.50 Check #579 Eckberg, . . .Vierling $ 223.03 Check #580 Wash .Cty SWCD $ 910 .00 Check #581 O'Neal stated that the 1995 billing assessments, based on the old formula . will go out this week . The 1996 assessments will be billed for two payments: one in January and one in July . MOTION WAS MADE by Gates and SECONDED by Cobb to request the 1995 audit be conducted by the firm, Tautges. Redpath in March . MOTION CARRIED. SIGNATORY DESIGNATIONS MOTION WAS MADE by Hanson and SECONDED by Wieb that the following k, official designated signatories be established for 1996: Newspaper Publication : The Courier Bank : First State Bank of Bayport Technical Advisors: Wash . County SWCD C Insurance : League of MN Cities Ins. Trust 1 JOINT POWE?S AGREEMENT .IPDA T E The revised draft of the Joint Powers Agreement ws distributed. It was determined that each governing unit shall have until the April 1496 meeting (April 24) to review and sian the JPA. The original JPA shall be kept at the SWCD office and all Mayors/Chairs shall sign three such documents in that office (one for the Attorney , one for the Secretary , and one for the SWCD) . MOTION WAS MADE by Schultz and SECONDED by O 'Neal to approve the revised JPA and the arrangement for signature . MOTION CARRIED. Wieb abstained. OLD BUSINESS Cobb stated that the monitoring of Lake McKusick by the Met . Council has been confirmed at the $800 . charge . NEW BUSINESS ELECTION OF OFFICERS: MOTION WAS MADE by Schultz and SECONDED by Hanson that the following complete ballot of officers by accepted: President John McPherson Treasurer Barb OFNeal Secretary Gerry Burton MOTION- CARRIED. PERRO CREEK/PERRO POND. Ken Hartung discussed the potential problems still possible with overflow of Perro pond and consequential flooding of property surrounding Perro Creek . He asked for interest in seeking RFPs on Option 5 of the original Perco pond study to construct an outlet structure on the north end of the pond. O'Neal thinks its important that we be proactive and request RFPs along with assistance from the county and state . MOTION WAS MADE by O'Neal and SECONDED by Hanson that the subwatershed district of Stillwater . Baytown Township , Bayport and Oak Pack Heights seek RFPs on Option 5 for Perro Creek . MOTION CARRIED (with only subwatershed members voting) . ADJOURNED: MOTION Hanson , SECONDED Gates. MOTION CARRIED: 8 : 10PM /BC :M.13. NEXT MEETING: - WEDNESDAY, FEBRUARY 28, 1996 7:O0PM BAYPORT CITY HALL C2 ENCLOSURE 15 „Il MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION Meeting Minutes of January 25, 1995 Members present: Emerson Gates Lake St. Croix Beach Barb Cobb St. Mary's Point Barb O'Neil Oak Park Heights Beverly Schultz Bayport Ann Pung-Terwedo Stillwater Gerry Burton Lakeland Andy Hansen Baytown Twsp. John McPherson West Lakeland Twsp. Nancy Schneider Lake St. Croix Beach Tim Fredbo s Soil &Water Conservation Dist. Diane O'Bryan (arrived late) Stillwater Twsp. Others present: Jeff Bower R. L . Youngdahl Ins. A-( non Pat Mages Carl 6 -� Carl Beningsen Meeting was called to order by Chair Ann Terwedo . Minutes accepted with the following corrections: Testing of McCusick Lake thru the Met Council for $860. Motion made by Gates and seconded by Burton to approve the minutes of the Oct. 26, 1994 Motion carried. Treasures report6 3/9..35-.. accepted and audit will be done by Feb. meeting. Motion to accept made by Hansen, seconded by Gates. Motion carried. Presentation by the representatives of Youngdahl Ins. regarding open meeting coverage for the W.M.O. Policy is thru the League of Minnesota Cities and basically the same as the city of Bayport. Motion to accept the General Liability coverage and the Open Meeting coverage only made by O'Neal and seconded by Schultz. Motion carried. Discussion on the new formula for assessment of member municipalities led by Ken Hartung and Tim Fredbo. New assessment sheets given to each member. No motion Discussion of need for administrative help from Mary Moga an intern with the city of Bayport. Decided that we did not need anyone at this time. No motion Introduce Nancy Schneider of Lake St. Criox Beach. Nancy will be co- representative with Emerson Gates. No motion. Discussion of signatures and designations: Move to have Barb O'Neal and John ;McPherson as signatories on the check book.. Made by Gates and seconded by Schultz. Motion carried. Move to appoint First State Bank of Bayport as official bank ...Made by Bev. Schultz, seconded by Barb Cobb. Motion carried. Move to appoint The Courier as the official newspaper ...Made by Barb Cobb, seconded by Andy Hansen. Motion carried Move to appoint Washington County Soil and Water Conservation office as official technical advisors ...Made by Barb O'Neal, seconded by Bev. Schultz. Motion carried. F.Y.I. presented by Barb Cobb regarding grant money from the Met. Council that would by used toward expense of writing the second generation 509 Plan. No motions and tabled for next meeting Adjourned : Motion Hansen, seconded Gates. Motion carried. NEXT MEETING: WEDNESDAY APRIL 19, 1995 7:00 P.M. Bayport City Hall /DOB Watershed Budget Formula 40% acreage + 40% population + 20% tax capacity Hypothetical budget of $20,000 $8,000 (based on acreage) $8,000 (based on population) + $4.000 (based on tax capacity) $20,000 total budget PERCENT OF COMMUNITY IN WATERSHED COMMUNITY TOTAL ACREAGE IN PERCENT IN ACREAGE WATERSHED WATERSHED Afton 16,672 120 .7198% Bayport 1,160 1 ,113 95.9483% Baytown 5,628 2,471 43.9055% Lakeland 1,901 1,600 84.1662% Lakeland 434 200 46.0829% Shores Oak Park 1,830 1,391 76.0109% Heights Stillwater 3,950 1,940 49.1139% Stillwater 11,915 220 1 .8464% Township St. Croix Beach 633 470 74.2496% St. Mary's Point 472 140 29.6610% West Lakeland 8,140 3,140 38.5749% TOTAL 52,735 12,805 100% O m0-I -I -I-I � > C CO 03> m -I m � FXX -< -� I> Orr .vmmMO p 0) x -1 -IxvvZ � m -OmX173mi Z20O 00 Z -p Z Z OWD ,CNOA :-' 5000AWCOl1OK ° CA O .V on 41. � - cooIV a) oA - 0C > Ca CD 0 0))00 CD CD a) IV VI 0)VI 03 m O C 11 o zi A N � NCT1WNO� WN t Q 'fl OWO0WQACOIV Z � A -� N W O O N N W V CD -L 0 CJI Cn CD co O 0 70 V N W c O)NNWA VODc) VCOCv 0 p� Za O I� 0 r.) P oNVON71 O CO pQpDp -u 011 pQWNj_ C OCC0 O Nla0WVWV0) V -A .0 O WCoOco_ ONQoV WN 0)ateaeeaeaeaeaeaegeaeo0 EA EA EA fA 92 O W CD Q in co N E� V N A O � O Ja (D ,O:05CM 4 V1O - OO ,C�OOCO O COV QDCANWNWV O 00 CO0 V D � Dnrr .� mm -I -00 r r � DD > ZZ � � z mN mmXvvz zzn0 00 v � = Z n * _ z -o c '1 00z o 0 CO .CND 4u -L QD 0)) CD A C) 01 O CCO �/) O ° 0 cnn) QD - OOOOrnocp.A V O > O CCOOOCD4uQD QDNJ N (�'i1W cooGO - a° at4° 3' 4° 4° 4° o 4° 4° 4° v A , 0 —1 t N NNON ���o)N > 0 C11 N W Ja IV cfl W N --• A CO ; C D CJt Cn 0 QpOp CA) 00 CO Cn CO O) D N SOD AtA0) CO W COONO 05( ✓ ( COO NAOV V O (0O)CW O 'C 0 NV � WON .AWWO00 EA GA 41) bq Pa 40 VP Pi Eft 44 Eft SA) W i C W 8NN n D D CO 010101iO00ONO0iV0 rn (O � • ✓ VK) cn -u00 -& 4uCO - N z Z0 O 0) ONOCWOWOV WA5 NOS o 41. o) c0 IV CO O 1 O) Cn . O 4u CO JO - OVCDcn cn P QD gpp 2 O ((1 -4ON0) 0) () 0)O . Cn. CO e a° o gea° o a° gegegegeo CD 69 4/3 J�. O O ON1N � � � NW (OC11OO 0 > O SIV NN CO OONO � oD CD COwo °DONCOOC(001 -Lwow o < 0 rn -I7I -1w_ID7�Cc > > m > _1 Orrxmm -I -Do r -< 9DD73ZZZ7Z xvv mwaIMM I DT O cm. a n m cn m - 0 u 0 .gym a C ID O� rn 073 OZ � rn DN w _ � N - = Cl) ID � � � � m m oo 000ooc000VwoOZ � m N • m ae I ry .. _., ..i ..i " 0M -' w -" ucx� o � ivcooO -n 0 cr') oo � � vimmi � occoow2 nc o101 N " -L ~ m 304Woww o 0 0 e * * * aa * a0 694040, 49t� E, & 4040M a' 00 — x acov co o � wvj � :� Nowal . § o W -4 .p. 1wiuu11 � VCJ1 � �j P. CD CO 0 OD OD P. N000) O O J (O � O 'd' (ONM0MNp � v Q ON �OpOT- e= MOuiT- T_- $ . H 609OaONOOt0OD Up- i- (O O 0 Eft fl � � � EAter 696+9696N9 N 69 cgMI OM OD Mco. r- MOMI. NONQ) Q � 0) ' U) LLI) f .- 69N O 1- a 69 d) 69 69 6f, 69 m aC Z MCDOt0ODOD1A000~ONM O p 6O - N- (�0pO) 0O - O) g Nt ca LL Q NrN1N- EANCOEAC)) CO O I- a 69 to 0 a m w 0)) Mti (OCDC7O OpNr. �N- pO 0 Nco �p (0 MGM) to O� S 0 to - 609 69 69 69 - C (n U Et EA d9 EA EA J Q }""- 0 0 F- 0 J = z a z z EC I cN z o ce =—� = i- o i w OE" W O z ~ Z Z Z Y W W X Y ce ctaao } g aoaom _J -3o03inop � • • COMPARISON OF 1983 AND 1994 TOTAL 1983 TOTAL 1994 TOTAL CHANGE AFTON $ 103.31 $ 90.67 $ (12.64) BAYPORT $ 1,877.47 $ 3,092.19 $ 1,214.72 BAYTOWN $ 2,052.43 $ 1,904.93 $ (147.50) LAKELAND $ 1,928.95 $ 2,068.45 $ 139.50 LAKELAND SHORES $ 226.08 $ 231.63 $ 5.55 OAK PARK HEIGHTS $ 2,945.71 $ 2,691.28 $ (254.43) STILLWATER $ 7,401.85 $ 6,193.37 $ (1,208.48) STILLWATER TOWNSHIP $ 184.55 $ 169.52 $ (15.03) ST. CROIX BEACH $ 819.28 $ 785.38 $ (33.90) ST. MARY'S POINT $ 260.82 $ 161.49 $ (99.33) WEST LAKELAND TOWNSHIP $ 2,199.55 $ 2,611.10 $ 411.55 $ 20,000.00 $20,000 tAijr)-Y;') MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES AUGUST 24. 1994 Members Present John MoPhersc_'n W,LAKELAND TOWNSHIP Barbara Cobb ST. MARY'S POINT Anders Hanson BAYTOWN TOWNSHIP Beverly fiehuit7 BAYPOPT Diane O'Bryan STILLWATER TOWNSHIP Ann Pung-Terwedo STILLWATER Ken Hartung BAYPORT ADMINISTRATOR Tim Frebo SOIL & WATER CONSERVATION DIST. Wendy Griffin " II It II The meeting was called to order at 7: 11PM by Chair , Ann Terwedo. MOTION WAS MADE by Hanson and SECONDED by Schultz to approve the minutes of the June 29, 1994 meeting. MOTION CARRIED. MOTION WAS MADE by Schultz and SECONDED by O'Bryan to approve the Agenda. MOTION CARRIED. TREASURER'S REPORT Schultz presented a written Treasurer's report with a balance of $7297.82. It was MOVED by Hanson and SECONDED by O'Bryan to accept the treasurer's report . MOTION CARRIED. MOTION WAS MADE by O'Bryan and SECONDED by Cobb to pay the following bills: MOTION CARRIED. The Courier $ 2.50 Check #562 Tautges, Redpath $ 300 .00 Check #563 AUDIT The Audit for the year 1993 was completed by the firm, Tautges, Redpath & Co. and distributed. The 1994 Audit should be pursued on a more timely basis and the Sub-Watershed funds should be kept in a seperate check book. The audit company reminded us that we should designate an official depository by motion. The official depositories for 1995 will be done at the October meeting. FERRO CREEK REPORT Since the gate structure needs 6/8 weeks to create, making the insertion timed to possible December snow and ice, the Perro Creek outlet project will not go ahead this fall . Both the road and outlet construction will wait until spring. ** Hartung will talk to the DNR about drawing down the pond to the bottom NOW to supply extra storage space this winter . Hartung will also double check with Joe Gibson about the grant time limit - he believes it is available through 1995. OPERATIONS & MAINTENANCE MANUAL - PERRO CREEK Jeff Davis of SEH, not the DNR, is working on the 0 & M manual . It will be considered part of construction costs and the grant will cover half of those costs. INSURANCE COVERAGE Discussion centered on the two widely different insurance quotes, the need for the $600 ,000 liability coverage , the need for Excess Liability coverage , and the need for Open Meeting Law Insurance . ** Cobb will contact both companies again for further explanation . LAKE MONITORING Discussion followed on the need to use Met Council 's lab services for the continuing water monitoring of Lake McKusik . The SWCD is doing the actual sampling. According the Fredbo, Lake McKusik is the worst lake in the county in sample consistency . The sample season is over in October and the data will be available in December . Fredbo stated that at least a two year period of testing is needed to establish base line data. MOTION was made by Schultz and SECONDED by Cobb to continue the water sampling and data gathering of Lake McKusik through the SWCD and the Met Council at the 1995 cost of $860 .00 . MOTION CARRIED. 1995 BUDGET MOTION was made by Hanson and SECONDED by O'Bryan to establish the 1995 Administrative Budget at $10 ,000 total to be billed according to the Joint Powers formula. MOTION CARRIED. Estimated break down as follows: Insurance $3000 .00 Monitoring 860 .00 SWCD 3000 .00 Audit 600 .00 Publication 20 .00 Bank charges 40 .00 Postage ,supplies 180 .00 Administration 2300 .00 ( inc. possibly hiring admin. help) $10 ,000 .00 ** Schultz will look into hiring Paul Tatting on a per meeting basis for paid help in handling the Secretary/Treasurer duties. JOINT POWERS AGREEMENT UPDATE ** Fredbo will use the Forest Lake Joint Powers update that the - SWCD wrote to rewrite The Middle St . Croix River WMO JPA in accordance with the new standards. Discussion followed on the need to also redo the per municipality formula for shared payments. NEW BUSINESS Discussion followed on the Valley View Estates permit . Apparently Oak Park Heights engineers (Anderlik) designed the storm sewer system that is already in place that eventually drains to the Prison Pond. Fredbo stated that the WMO does have the authority to demand that such drainage will not effect downstream areas. MOTION was made by Cobb and SECONDED by Schultz that the Valley View Estates developers follow the WMO plan and prove that the storm sewer drainage to the Prison Pond will NOT have a detrimental on downstream property . MOTION CARRIED. ADJOURNED: MOTION Hansen, SECONDED Schultz . MOTION CARRIED: 8:40PM :'BC NEXT MEETING: WEDNESDAY, OCTOBER 26, 1994 7:00PM BAYPORT CITY HALL :.l MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES JUNE 29, 1994 Members Present : Emerson Gates LAKE ST. CROIX BEACH Barbara Cobb ST. MARY'S POINT Barbara O'Neal OAK PARK HEIGHTS Anders Hanson BAYTOWN TOWNSHIP Gerald Burton LAKELAND Beverly Schultz BAYPORT Diane O'Bryan STILLWATER TOWNSHIP Ann Pung-Terwedo STILLWATER Paul Tatting BAYPORT Ken Hartung BAYPORT ADMINISTRATOR Jeff Davis SHORT, ELLIOT, HENDRICKSON The meeting was called to order at 7: 15PM by Chair , Ann Terwedo. MOTION WAS MADE by O'Neal and SECONDED by Schultz to approve the minutes of the April 27, 1994 meeting with two corrections: the spelling of Oak Park Heights and the aprroval of the February 23. 1994 minutes not those of Dec . 1993. MOTION CARRIED. MOTION WAS MADE by Schultz and SECONDED by Gates to approve the Agenda. MOTION CARRIED. TREASURER'S REPORT Schultz presented a written Treasurer's report with a balance of $6868.58. It was MOVED by Hanson and SECONDED by O'Neal to accept the treasurer's report . MOTION CARRIED. MOTION WAS MADE by O'Bryan and SECONDED by O'Neal to pay the following bills: MOTION CARRIED. The Courier $ 2.50 Check #559 SEH $13,688.34 Check #560 Barb Cobb/Sec . $ 31 . 10 Check *561 AUDIT The Audit for the year 1993 is being worked on by the firm, Tautges, Redpath & Co. and should be completed by August , 1994. PERRO CREEK REPORT Jeff Davis, SEH, presented three models for determining the payment portions for each sub-watershed member with regard to the Perro Creek Pond outlet . All are based on the estimated total of $70 ,000 with Wash .County picking up $20 ,000 and the remaining $50 ,000 formulated for payment by the four municipalities. The costs are further differentiated by that with the DNR grant applied and that not . % The three models were based on : a) total acreage b) total volume/effecting total land c) total volume except for certain Baytown acres that wouldn't effect Perro Creek unless the 100 yr .rainfall event & 25 yr . rainfall event occured within the same week . MOTION WAS MADE by Schultz and SECONDED by Hanson to accept the formula based on Model 3. MOTION CARRIED. Therefore, the contributing percentages per municipality are: Stillwater 4.29% Oak Park H. 50 . 13% Baytown 18.93% Bayport 26.65% MOTION WAS MADE by Schultz AND SECONDED by Gates to allow Bayport to be the LEAD CITY ( i .e. dollar conduit for construction & engineering costs) in any grant agreement with the DNR regarding Perro Creek projects. MOTION CARRIED. MOTION WAS MADE by O'Neal and SECONDED by Gates to make Bayport the subwatershed delegate to the County as the "responsible LGU" regarding Perro Creek projects. MOTION CARRIED Discussion involved the need to probably seek an agreement Resolution between the city and the subwatershed. MOTION WAS MADE by Schultz and SECONDED by O'Neal to agree to the Model 3 formula percentages for any payment of increased costs to the estimated total cost . MOTION CARRIED. PERRO CREEK STUDY USAGE Davis mentioned requests from the Dept . of Transportation (DOT) to use the information out of the Perro Creek study for HWY 36 Improvement plans. Pipie sizing may change due to our study infor . DOT will NOT be directing water from 36 to the river , but will be looking for drainage areas. DOT did supply SEH with some information for the Perro Creek study . The DOT already has the written portion of the study but needs the background data which demands SEH participation. Davis asked if the WMO will pay for his (SEH) time (a $90 perhour) in "pulling" information and/or attending DOT meetings. MOTION WAS MADE by Schultz and SECONDED by Hanson to accept payment by the subwatershed to a maximum of $700 .00 for SEH (Jeff) to access study information and/or attend DOT meetings. MOTION CARRIED BY SUBWATERSGED MEMBERS ONLY. **** Davis suggests that the WMO construct some sort of permitting system with dollar charges for use of the study by developers, etc. ara :i 84 . _ 4i 4 �, 4 * 4 e — - + i1 The DNR, MNDOT, the Prison and the subwatershed all need to be involved parties to the Perro Creek maintenance plans. Davis reported that the Operations & Maintenance (0 & M) manual will most likely be a requirement of the DNR permit for the Perro Creek project . Cobb asked the cost of such a manual . Davis said the cost could run into the thousands of dollars, but that it will be considered "part of the construction work" . MOTION WAS MADE by Schultz and SECONDED by O'Neal to request that the DNR do a first draft of the 0 & M manual and deliver such to the subwatershed. MOTION CARRED BY SUBWATERSHED MEMBERS ONLY. **** O'Neal stated that a special meeting of the subwatershed will have to be held to review the 0 & M manual . INSURANCE COVERAGE MOTION WAS MADE by Hanson and SECONDED by Schultz to TABLE the insurance coverage question until the August meeting. MOTION CARRIED. MET COUNCIL DIRECTIVE MOTION WAS MADE by Hanson and SECONDED by O'Neal to table the Met council 's letter requesting targeting watershed loads in the metro area. MOTION CARRIED ADJOURNED: MOTION Hansen , seconded Gates. MOTION CARRIED: 8:25PM /B C p. \ ft NEXT MEETING: WEDNESDAY, AUGUST 24, 1994 7:00PM BAYPORT CITY HALL **Subwatershed members - Please read the enclosed minutes carefully to make sure the MOTIONS are correct . They will be a basis for continuing operations within the subwatershed! Perro Creek Minor Watershed Study for The Middle St. Croix River Watershed Management Organization SEH No: A-MSCWM9401.00 April 1994 • I hereby certify that this rep.'t w-. pre•ared by me or under my direct supeion and a`(a d Ay Registered Professional Engineer unde the la •• .• a tate Af4.4nnesota. Date: April 1994 Reg. No. 1 ACM Reviewed by: -.Ta,(. .,,y. W c41-4Aitt Date: 17C"2C- Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110 " t.( ) 612) 490-2000 f 0."); i /3rfrd12) : r Table of Contents Page No. Conclusions 1 Recommendations 3 Introduction 4 Purpose and Authorization 4 Method of Analysis 5 Background Information 5 Hydrologic Cycle 6 Existing Conditions 7 Urban Watershed Analysis 7 Rainfall 7 Runoff 8 Time Parameters 8 Model Development 9 Model Discussion 10 Model 1 10 Model 2 10 Model 3 11 Model 4 . 11 Model 5 11 Models 6 and 7 12 Water Surface Profile Model 13 Perro Creek Minor Watershed Management Possibilities 14 Example 14 Example 14 Example 15 Maintenance Plan 16 Improvements 17 Reconstruction of the Prison Pond Outlet 17 Outlet Through Railroad Embankment 18 Improvement Costs 19 Reconstruction of the Prison Pond Outlet 19 Outlet Through Railroad Embankment 19 Cost Allocation 19 Funding 21 Advantages 21 Disadvantages 22 April 1994 Perro Creek Minor Watershed Study. for The Middle St. Croix River Watershed Management Organization Conclusions From the results of our study and investigations,we have concluded that: 1. Flooding has previously occurred on Perro Creek. 2. Cost of improvements along Perro Creek based on the 1988 study were enormous. 3. The 1994 existing conditions model (Model 2) shows an overall reduction of flow when compared to the 1988 existing conditions model. 4. Water will pond at various points along Perro Creek based on the 1994 models. 5. The 1994 existing conditions model (Model 2) predicts a peak water surface at or just below the floor elevations of adjacent houses. This is also substantiated by the water surface profile model. 6. Raising County Road 21 and diverting runoff north of Highway 36 to the St. Croix River will have some impact on Perro Creek discharge rates. 7. Two subwatershed areas modeled do not contribute flow/discharge into the Perro Creek system. 8. Study models can be used to assist in the future management of the Perro Creek minor watershed. 9. Maintenance of Perro Creek is a key element in management of the watershed. 10. The City of Bayport expended approximately $15,000 to control the Prison Pond discharge and build-up of ice in early 1994. Middle St. Croix River Watershed Management Organization Page 1 11. Concerns have been raised about the structural integrity of the existing Prison Pond outlet. 12. Washington County intends to start reconstruction of County Road 21 in mid-1994. 13. A new outlet is required at the Prison Pond to meet all of the operational needs of the affected parties. 14. Discharge capacity through the railroad embankment is grossly inadequate. 15. Additional capacity must be provided to keep the water surface north of the railroad embankment about two feet below critical building elevations. 16. Preliminary cost for design and construction of the new Prison Pond outlet is $70,000. 17. Preliminary cost for design and construction of the new outlet through the railroad embankment is $125,000 to $185,000. Middle St. Croix River Watershed Management Organization Page 2 Recommendations In considering the foregoing conclusions, it is recommended that: 1. The MSCWMO develop an operation and maintenance manual for Perro Creek. 2. Hydrologic and hydraulic models developed as part of this study be used to assist in the management of the Perro Creek minor watershed. 3. County Road 21 be raised to a minimum elevation of 750.0 to add storage capacity to the Prison Pond. 4. The MSCWMO review the need for flood easements at the Prison Pond and along Perro Creek. 5. Construction of the Prison Pond outlet be completed as part of County Road 21 reconstruction. 6. The MSCWMO consider initiating a detailed study for increasing the discharge capacity through the railroad embankment. 7. If the MSCWMO decides to pursue improvements proposed herein, they apply for flood hazard reduction matching grants. • Middle St. Croix River Watershed Management Organization Page 3 Introduction Purpose and Authorization Flooding along Perro Creek in the City of Bayport is identified as one of the Middle St. Croix River Watershed Management Organization's (MSCWMO) main concerns. That concern led to the establishment of a plan to solve the flooding problems. Part of that plan included a preliminary hydrologic study to access the magnitude of the problem which was completed in 1988. Culvert capacities along the creek were determined to be inadequate based on the 1988 study data, resulting in recommendations to replace many of the culverts along Perro Creek. The preliminary model also indicated that flooding of buildings adjacent to Perro Creek was likely in three locations. The cost to make improvements to solve the flooding problem based on the 1988 study, though not specifically quantified, were enormous. In light of that fact, SEH recommended that a more detailed study be performed to improve the watershed model and hopefully reduce the scope and cost of the required improvements. The Perro Creek Watershed is shown on Figure 1 in the Appendix. In 1992 representatives from Washington County met with members of the MSCWMO to discuss the County's plan for reconstruction of County Road 21 from County Road 14 on the south to County Road 28 on the north. This section of roadway encompasses the outlet for the prison pond which is the headwater for Perro Creek. SEH prepared a scoping document in mid-1992 to assist the MSCWMO in determining which project options should be addressed in a detailed study. Scope of work for the study was finalized in early 1993. In late 1993 the MSCWMO directed SEH to proceed with this study in order to address flooding along Perro Creek. • Middle St. Croix River Watershed Management Organization Page 4 Method of Analysis The following information was utilized during preparation of this report: Background Information A. MSCWMO Water Resource Inventory dated 1986 by Washington Soil and Water Conservation District. B. U.S. Geological Survey, Stillwater Quadrangle, Revised 1993. C. Topographic Mapping by Mark Hurd for the Middle St.Croix WMO, based on April, 1993 aerial photos. D. Record and Preliminary Construction Drawings. 1. City of Stillwater 2. City of Oak Park Heights 3. City of Bayport 4. Washington County 5. Minnesota Department of Transportation 6. Minnesota Correctional Facility E. Perro Creek Study,Bayport,MN.,by SEH, dated November 8, 1988. F. Soil Survey of Washington and Ramsey Counties in Minnesota, dated April 1980. G. Technical Paper 40, Rainfall Frequency Atlas of the United States, Soil Conservation Service,U.S.Department of Agriculture dated May 1961. • Middle St. Croix River Watershed Management Organization Page 5 Hydrologic Cycle Precipitation, evaporation, transportation, infiltration, runoff streamflow, and storage are all part of the complex hydrologic system(see Figure 2 in the Appendix). The hydrologic system for the Perro Creek Minor Watershed includes ponds,ditches,storm sewers and culverts. Evaluation of system requires consideration of hydrology,hydraulics,climatology and surficial geology. Climatology and surficial geology are not addressed in this document. Information on the climatological data used in this study can be found in Technical Paper No. 40, Rainfall Frequency Atlas of the United States, Soil Conservation Service, U.S. Department of Agriculture. Information on the surficial geology used in the study can be found in the Water Resources Inventory section of the MSCWMO Surface Water Management Plan. Middle St. Croix River Watershed Management Organization Page 6 Existing Conditions The Perro Creek Minor Watershed consists of about 1,671 acres of rural and urban land use. Figure 1 in the Appendix provides in general detail information on land use within the Watershed. Photo Nos. 1 through 18 in the Appendix depict conditions along Perro Creek. Urban Watershed Analysis An urban watershed is one in which surfaces that were rural in nature become developed and these impervious surfaces cover a considerable area. Impervious surfaces include roads,sidewalks,parking lots and roof tops. Natural flow paths in the watershed may be replaced or supplemented by paved gutters, storm sewers, or other elements of artificial drainage. The objective when dealing with urban hydrology is to provide flood control at all locations within the drainage system. The analytical problems that must be solved to address these objectives are the prediction of runoff peaks, volumes and discharge versus time curves (hydrographs) anywhere in the drainage system. Urbanization increases runoff due to reduced infiltration and decreased travel time. Runoff is determined primarily by the amount of precipitation and by infiltration characteristics related to soil type, soil moisture, antecedent rainfall, vegetative cover, impervious surfaces, and storage. Travel time is determined primarily by slope,length of flow path, depth of flow, and roughness of flow surfaces. Peak discharges are based on the relationship of these parameters and on the total drainage area of the watershed, the size of the development, the effect of ponds and wetlands,and the time distribution of rainfall during a given storm event. The Soil Conservation Service (SCS) methods were used to analyze both the urban and rural characteristics of this hydrologic system. The analysis is comprised of four major components: rainfall,runoff, time parameters, and peak discharge, hydrographs, and storage effects. Rainfall Several rainfall parameters are considered in using the SCS design methodology. The duration (how long it rains), rainfall depths (how much it rains), time distribution (how the total rainfall depth is determined over the duration of the rainfall event),and recurrence interval (how probable it is that the rainfall event will recur in a given year) are important factors. One rainfall event was analyzed as part of this study. This event was 24 hours in duration with a total rainfall depth of 5.9 • inches. Middle St. Croix River Watershed Management Organization Page 7 The design storm (DS) was used to determine the rates of discharge, runoff volume, and water surface elevations. An SCS Type I storm is used with the DS. The 5.9 inches of rainfall in a 24-hour period is referred to as a "100-year event". The term"100-year"is often called the return period or recurrence interval of a storm event. The return period is related to the probability of a given event being equal or exceeded. The probability that the "100- year event" will be exceeded in a given year is 0.01 or 1%. A 5-year and 10-year event was simulated on the watershed to determine the peak water surface elevation in the Prison Pond (0-22) during more frequent events as requested by the Minnesota Department of Natural Resources (MDNR). Conventional wisdom holds that if a 100-year event occurs in one year, then it cannot occur for another 100 years. This belief is false because it implies that rainfall occurs deterministically rather than randomly. Because rainfall occurs randomly, there is a finite probability that the 100 year event could occur in two consecutive years. Thus, the excedence probability concept is the best way to express rainfall events. Runoff To estimate runoff from rainfall,SCS uses the Runoff Curve Number(CN) method. Determination of the CN depends on the watershed's soil and cover conditions, which the model represents as hydrologic soil group, cover type, treatment, and hydrologic condition. The cover condition, or type of land use, is typically expressed by a percentage of impervious or hard surface area (roof tops, parking lots, etc.). The CN (or runoff coefficient) is directly related to runoff. The greater the impervious area, the higher the CN and the more rainfall that will drain off of a property rather than soaking into the soil. Time Parameters The initial time parameters used in SCS methodology are the time of concentration (T) and travel time (Tt). T,is the time it takes for runoff to travel to a point of interest (usually time outlet or waterbody of a given watershed) from the hydraulically most distant point. Tt is the time it takes for runoff to travel in a given flow segment. T, is the sum of Tt values for various consecutive flow segments. Middle St. Croix River Watershed Management Organization Page 8 Model Development The Hydrocad version of the TR-20 computer program determines peak rates and volume of runoff based on given rainfall data in the form of a hydrograph. The runoff is routed through the drainage system which includes ditches, storm sewers, and storage basins. The storage basins have specific elevation/storage/discharge relationships. These relationships are used for determining the resulting flood elevations. The program compares the rate of water entering a basin to the rate of the water leaving the basin. Excess volume is detained or temporarily stored until the rate of discharge is equal to or greater than the rate of inflow. The program determines the resulting high water elevations based on the elevation/storage relationship. Computer simulation of the hydrology for the Perro Creek minor watershed have been prepared to address the MSCWMO's concerns. Six new versions of the watershed model were developed to simulate varying conditions including the following: 1. Existing Conditions, 1988 Model 2. Existing Conditions, 1994 Model 3. Raise County Road 21 4. Divert Runoff North of T.H. 36 5. Determine Non-Contributing Sub-watersheds 6. 5-year Event, Prison Pond Peak Water Surface 7. 10-year Event, Prison Pond Peak Water Surface Models 1 through 5 are based on a 100-year, 24-hour DS with AMC=2 (normal soil moisture conditions). Models 6 and 7 are also based on a 24- hour event with AMC=2. All of the models are based on a normal pool elevation for the St. Croix River at 676.0 (1929 Datum) and a pool elevation of 744.6 for the Prison Pond. Middle St. Croix River Watershed Management Organization Page 9 Model Discussion Model 1 Model 1 was simulated as part of the 1988 Preliminary Study. Review of the results from that simulation shows that the existing culvert capacity through the railroad embankment is grossly inadequate. The high water elevation just north of the railroad embankment was predicted at 693.6. This water elevation would cause flooding in at least five adjacent houses. There were also other areas long the creek where a potential of flooding existing based on this model. Discharge rates along Perro Creek are summarized on Figure 3 in the Appendix. Model 2 Authorization for the Detailed Study by the MSCWMO specifically included updating the existing conditions model for the watershed. Development of this model included the methodology described in the Method of Analysis section of this report. Key information for determination of the watershed's characteristics was generated from the topographic mapping developed for this study, which more accurately defined the contributing areas. Once definition of the model was complete, the watershed was subjected to a 100-year design storm rainfall of 5.9 inches. Peak discharge (flow) along the creek is shown on Figure 4. Comparison between Model 1 (1988) and Model 2 (1994) shows an overall reduction of discharge except for Point "A". Most notable are the reductions at Point "D" and "E" which are 84 cubic feet per second (cfs) and 90 cfs respectively. The reduction of flow when comparing Model 1 to Model 2 is 35%and 28% at Points "D" and "E" respectively. This reduction of flow can be attributed to the greater level of detail provided by the watershed mapping. Model 2 indicates water will pond at various locations along the creek in a 100-year design storm. This information was compared to the 1972 district court injunction against the City of Bayport. Some of the same properties flooded in the 1960's will be inundated in a 100-year design storm. However,the worst flooding will occur in the east half of Block 91. This fact left us in a quandary since none of the property owners in the east half of Block 91 joined in the 1972 dated lawsuit. Research by the Bayport city staff provided an answer to our dilemma. Houses located in the east half of Block 91 were not constructed until after the flooding has occurred. The areas flooded and included in the injunction dated January 22, 1972 are shown on Figure 5 in the Appendix. If a 100-year design storm occurs over the Perro Creek Subwatershed, flooding of four or five houses just north of the railroad embankment will likely Middle St. Croix River Watershed Management Organization Page 10 Models 6 and 7 Models 6 and 7 were developed to address fluctuation of the water surface in the Prison Pond during more frequent rainfall events as requested by the MDNR. Fluctuation during the 5 and 10 year events are 2.4 feet and 3.0 feet respectively. A representative from the MDNR indicate they have no problem with this fluctuation. Middle St. Croix River Watershed Management Organization Page 12 occur under existing conditions. A portion of this information is shown on Figure 5. Model 2 predicted a water surface of 691.0 north of the railroad embankment. Ground surface at the houses in this area ranges from 690.8 to 692.8. Water surface elevations along the creek are addressed in the Water Surface Profile Model section of this report. Model 3 Model 3 was developed to determine the impact of raising County Road 21. Peak discharge at Points "A", "B" and "C" on Figure 6 are lower than those of the existing conditions, Model 2. However, peak discharge at Points "D" and "E" are similar to those shown in Model 2. This indicates that the downstream subwatershed area is controlling the peak versus the upstream subwatershed. The peak water surface elevation in the Prison Pond for Model 3 is 0.6 feet higher than for Model 2. Model 4 Model 4 was developed to determine the future impacts of diverting runoff generated north of Highway 36 out of the Perro Creek Subwatershed. Representatives from Mn/DOT indicated it may be possible to complete the diversion with reconstruction of Highway 36 to accommodate the river bridge. This model also includes a raised roadway profile on County Road 21 from Model 3. Peak discharge at Points "A", "B" and "C" on Figure 7 are reduced somewhat. However,peak discharge at Points "D" and "E" is similar to that shown in Models 2 and 3. Model 5 Model 5 was developed to determine which subwatershed areas do not contribute/discharge into the Perro Creek drainage system. Three areas were identified as possible non-contributors from the results of Model 2. Those three areas are identified on Figure 8 as OBT-15, BTBP-28, and OBT-12/OBT-13/BTO-14. Based on the results of Model 2, a starting water surface was established for the pond in each of the three areas. The entire subwatershed was then subjected to a 100-year design storm. Area OBT-15/OBT-13/BTO-14 did contribute/discharge into the drainage system tributary to the Prison Pond. The large storage capacity provided in the Prison Pond dampens the affect of discharge from OBT-12/ OBT- 13/BTO-14 such that they have little impact on the peak water surface or discharge. Middle St. Croix River Watershed Management Organization Page 11 Water Surface Profile Model Hydraulic analysis along Perro Creek from Fifth Avenue North to the railroad embankment was performed using Boss version of HEC-2. The HEC-2 water-surface profile computation computer model was developed by the U.S. Army Corps of Engineers. Use of this model made it possible to develop a water surface profile (depth) along the majority of Perro Creek. Cross-sectional information for the creek was developed from the contour mapping and 1988 survey data. Hydrology for use in the HEC-2 model was developed as part of this study. Discharge data generated in the hydrology model(s) at various locations along the creek was used to produce a continuous water surface based on the channel geometry. Two water surface profiles are provided on Figure 11 in the Appendix. They represent flow conditions. 1. Existing conditions, Model 2 (1994). 2. Raise County Road 21 with new outlet at railroad embankment, Model 3. The existing conditions water surface profile shows that a number of streets as well as the railroad embankment is overtopped. A water surface elevation above the railroad embankment will likely cause flooding of adjacent structures. This condition also raises the water surface profile upstream. Construction of a new outlet through the railroad embankment and raising of County Road 12 will have positive impacts. Construction of the new outlet through the railroad embankment lowers the water surface and reduces the threat of flooding. Flow characteristics through the structure shown on Figure 10 in the Appendix were used to develop the lower water surface profile. Raising the roadway surface on County Road 21 lowers the water surface profile in between Points A and C shown on Figure 6 in the Appendix. The areas where flooding may occur are shown on Figure 5 in the Appendix. Middle St. Croix River Watershed Management Organization Page 13 '` Perro Creek Minor Watershed Management Possibilities Development of the hydrologic and hydraulic models provides a greater opportunity for effective management within the Perro Creek Subwatershed. This particular watershed includes parts of four governmental jurisdictions, namely Baytown Township and the cities of Bayport, Oak Park Heights and Stillwater. Prior to development of the MSCWMO Joint Powers Agreement, a forum did not exist where all the members of the Watershed met to discuss intercommunity surface water flow issues. Development of the MSCWMO and its WMO plan were the first major steps in effective management of the entire watershed, including that of Perro Creek. The purpose of the MSCWMO Plan is to provide a local mechanism to reduce capital expenditures necessary to control excessive volumes and rates of runoff, prevent flooding and erosion, promote groundwater recharge and secure other benefits associated with proper management of surface water. The models developed as part of this study allow assessment of the concerns identified in the MSCWMO's Watershed Management Plan. These concerns may stem from intercommunity as well as intracommunity flow issues. Here are a few examples: Example • The cities of Oak park Heights and Stillwater decide to divert surface water runoff generated north of Highway 36 directly to the river. Impact on the discharge at the Prison Pond can be found by comparing Model 2 and Model 4. Example • An industry is interested in locating in Baytown Township. Approximately 100 acres of agricultural land would be converted to buildings and parking lot. How would this land use change affect the water surface elevation and discharge from the Prison Pond? Modification of the model(s) would be made to simulate the revised land use. The watershed would then be subjected to the design storm to determine the extent of the impacts. If significant impacts occur,recommendations could be made for modifications to the onsite detention. Middle St. Croix River Watershed Management Organization Page 14 Example Two property owners within the City of Bayport would like to add 5 feet of fill in their adjacent lots. However, the proposed fill area is used for storage of water during a design storm. Should the filling be allowed,and if so, what are the impacts? The hydrologic and/or hydraulic model would be revised to represent the proposed changes and analyzed to determine the extent of the impacts. It is possible the filling could be allowed with modifications to one or more downstream structures. These are only a few examples of how the study models can provide part of the "Management" in Watershed Management Organization. Middle St. Croix River Watershed Management Organization Page 15 Maintenance Plan Development of a coordinated maintenance plan along Perro Creek is key to its successful management. All of the existing and proposed structures along Perro Creek were analyzed for full flow capacity. The build-up of sediment and debris in these structures can significantly reduce their discharge capacity. A reduction in the discharge capacity results in higher water elevations which could mean localized flooding. In order to reduce the flooding potential a regular coordinated maintenance routine should be established. We suggest that as a minimum the following parties be involved, as follows: 1. Washington County A. County Road 21 B. County Road 14 2. Minnesota Correctional Facility A. Area between County Road 21 and County Road 14 3. City of Bayport 4. Chicago and North Western Railroad A. Culvert/outlet through the railroad embankment 5. Minnesota DNR • A. Operation of Prison Pond outlet 6. Mn/DOT A. Box culvert at Highway 95 Maintenance/operation of Perro Creek during the winter months has been a challenge for the City of Bayport. Minor flow/leakage at the Prison Pond outlet causes a build-up of ice downstream. The 4' x 8'box culvert at Fourth St. N./Highway 95 was almost completely full of ice in January of 1994. Had this box culvert become plugged, a number of structures may have been threatened with flooding,,including a school. In early 1994 the City of Bayport expended approximately$15,000 to control the Prison Pond discharge and resulting build-up of ice. Development of a solution to the ice problem was not in the scope of this study. Middle St. Croix River Watershed Management Organization Page 16 Improvements Two major improvements required along Perro Creek have been identified. They are specifically reconstruction of the Prison Pond outlet and increasing the discharge capacity at the railroad embankment. The following text addresses each of the proposed improvements. • Reconstruction of the Prison Pond Outlet The existing outlet for the Prison Pond is located just west of County Road 21 and shown on Photo No. 1 in the Appendix. Structural components consist of one-half a 6 foot diameter corrugated metal pipe (CMP) on end fitted with a metal plate. Flow from the pond enters the structure through a rectangular orifice in the plate measuring 1.7 feet wide and 1.2 feet high. Movement of the slide gate attached to the metal plate allows the orifice to be closed. However,the seal is not water tight and leakage does occur. A short row of sheet pile extend north and south from the existing structure to provide stability and a seepage cutoff. Flow entering the outlet structure is directed east across County Road 21 by a 42 inch diameter CMP. A number of concerns have been expressed about the condition of the existing structure. During the 1993/1994 winter leakage through the outlet structure worsened the ice build-up downstream. Once the flow of water through the structure was stopped water could be heard moving under or around the structure. This raises an additional concern that the structure is slowly being undermined. The elevation top of the existing structure is 748.0. County Road 21 will be raised to a minimum elevation of 750. Therefore, the existing structure does not maximize the storage capacity in the Prison Pond for winter operation. A preliminary layout of the proposed Prison Pond outlet is provided on Figure 9. This structure provides a discharge capacity similar to that of the existing outlet. It also provides a 3-foot wide set of stoplogs to allow for drawdown of the Prison Pond. This drawdown feature would be used to simulate a drought as requested by the MDNR. However, stoplogs are known to leak. For this reason we have also included a slide gate to seal off the flow through this structure for winter operations. The grating covered opening on top of the structure is sized to handle the entire design flow discharge should the remainder of the structure become inoperable due to debris such as trees or ice. Middle St. Croix River Watershed Management Organization Page 17 Outlet Through Railroad Embankment Discharge capacity through the railroad embankment is grossly inadequate. The water surface elevation just north of the railroad embankment during a design storm is predicted to be about 691. A water surface elevation of this magnitude will flood a number of houses. Photos No. 14 and 15 show the existing 48-inch reinforced concrete pipe through the embankment. The pipe has a discharge capacity of 119 cfs with an upstream water surface of 691. Additional capacity must be provided to keep the high water surface north of the railroad embankment about 2 feet below the critical building elevation. Two 48-inch diameter RCP and one 60-inch diameter RCP would provide a capacity of 207 cfs at elevation 688.2. This means two additional pipes need to be installed through the embankment. Appropriate modifications to the channel would also be required. Even with this improvement, two swimming pools would be flooded. Storm water ponding easements would likely be required. Proper operation of this system is dependent on developing a maintenance routine to keep debris from reducing the discharge capacity. . 1 Middle St. Croix River Watershed Management Organization Page 18 Improvement Costs Improvement costs provided in this section should not be used for budgeting purposes. They are included only to provide a general magnitude of the cost involved. Reconstruction of the Prison Pond Outlet A preliminary layout for the Prison Pond outlet is shown on Figure 9. SEH is presently working with Washington County to develop a detailed structure design. Based on our present information,the estimated cost for construction of the new outlet and removal of the existing outlet is $70,000. Figure 9 has been submitted to the MDNR for comment. Outlet Through Railroad Embankment A preliminary layout for the outlet through the railroad embankment is shown on Figure 10 in the Appendix. It will be necessary to work within the Canadian Pacific (CP) and Chicago and North Western (CNW) Railroad rights-of-way to construct this outlet. Preliminary contact has been made with the railroads to determine what construction methods would be acceptable. The CNN indicated they may have to use their own forces to construct the outlet due to a union agreement. However,if their crews are busy they would allow the MSCWMO's contractor to build the project. The possibility of open cutting the embankment versus jacking the pipes through the embankment was also discussed. Open cutting the embankment may be possible if this work is scheduled for the weekend. Prior to initiating this work, an agreement between the MSCWMO and railroad(s) would be required. Based on our present data we estimate the cost of this project to range between $125,000 and $185,000. Prior to initiating construction we recommend a detailed study of the outlet area be performed. This study would define specifically what improvements would be required. Cost for the diversion of runoff north of Highway 36 is not addressed in this report. Cost Allocation Cost allocation between the minor watershed members for the scoping study and minor watershed study has been based on community acreage. The following chart summarizes the contributing community acreage on a percentage basis. Breakdown of the costs for the improvements have not been included at this time. Middle St. Croix River Watershed Management Organization Page 19 SUBWATERSHED SUMMARY SUBWATERSHED TOTAL STILLWATER OAK PARKHGHTS. BAYTOWN BAYPORT ACREAGE ACREAGE ACREAGE ACREAGE ACREAGE ST-1 1298 1298 SO-2 28.15 26.67 1.48 0-3 34.44 34.44 0-4 14.14 14.14 0-5 17.44 17.44 SO-6 43.99 10.78 33.21 0-7 40.60 40.60 0-8 22.05 22.05 0-9 76.27 76.27 0-10 32.54 32.54 0-11 36.12 36.12 OBT-12 35.61 3202 3.59 OBT-13 33.11 31.70 1.41 BTO-14 167.27 3.57 163.70 BT-15 59.32 59.32 DBT-151 30.25 . r :',. :.:> `:<#�.;,;''';; •=°:: _ NO DISCHARGE 0-16 50.94 50.94 0-17 53.69 53.69 0-18 51.18 51.18 0-19 44.31 44.31 OBT-20 85.81 • 46.33 39.48 0-21 44.34 44.34 0-22 45.97 45.97 BP-23 7.75 7.75 BP-24 37.59 37.59 BP-241 17.18 17.18 BT-25 21.39 21.39 BT-26 9.52 9.52 BT-27 9.10 9.10 STEP-28 52.89 ,' `"'•2 NO DISCHARGE BPBT-29 86.30 4.04 82.26 BT-30 53.97 - 53.97 BT-31 98.64 98.64 i BPBT-32 1200 120 10.80 . BP-33 2.65 2.65 BP-34 8.34 8.34 BP-341 12.87 12.87 BP-35 3032 30.32 BP-351 6.87 6.87 . BP-36 26.45 26.45 BP-37 11.16 11.16 BP-38 260 2.60 BP-39 2.85 2.85, BP-40 7.19 7.19 BP-41 22.30 2230 BP-42 35.75 35.75 BP-43 1247 12.47 BP-44 9.62 9.62 BP-45 8.34 8.34 BP-46 2.73 2.73 BP-47 220 220 SUBWATERSHED I TOTAL 1671.56I ACREAGE TOTAL STILLWATER OAK PARK HGHTS. BAYTOWN BAYPORT COMMUNITY 50.43 728.1 467.07 425.96 ACREAGE CONTRIBUTING COMMUNITY 1588.42 50.43 712.34 425.35 400.3 ACREAGE CONTRIBUTING PERCENTAGE 3.17% 44.85% 26.78% 25.20% 1 BY COMMUNITY Middle St. Croix River Watershed Management Organization Page 20 Funding There are a number of means available to the MSCWMO for funding of improvements along Perro Creek. The following is a brief explanation of those means. 1. Taxing District Development of a subwatershed taxing district is addressed in the implementation program for Perro Creek. Minnesota Statute Section 103B.245 and 103B.251 allow for development of the special tax district and capital improvements by watershed management organizations. 2. Surface Water Management Utility (SWMV) Each community could consider the establishment of SWMV. This funding source could take up to a year to develop. At about $12/homeowner per year, with higher contributions from business and commercial properties,the utility could finance a revenue bond. There are some advantages and disadvantages that deserve consideration. Advantages • 1. Properties causing or contributing to the need for runoff management pay into the utility. 2. The change is directly proportioned to runoff generated by specific class properties. 3. A self-financing system is not in competition with general services funds. 4. Existing and new developments both pay. 5. The system is flexible. 6. The utility provides a continuous source of revenue. 7. It provides a specific dedicated fund for surface water management. 8. The administrative structure for collecting fees is usually in place. Middle St. Croix River Watershed Management Organization Page 21 Disadvantages 1. Some initial costs are encountered in developing the rate formula and philosophy. 2. The utility may require an expanded administrative structure including establishment of a billing system if none currently exists. There are at least 20 communities in the metro area using storm water utilities to fund improvements. 3. Minnesota Department of Natural Resources (MDNR) A. Flood Hazard Mitigation Grant Assistance Program B. Flood Hazard Mitigation Grant Bond Program These monies are available on a 50 percent state/50 percent local basis provided the state legislature appropriates funds for the program. A representative from the MDNR indicated that little or no money would be available in 1994. The MDNR did indicate that the MSCWMO should update the costs associated with the related projects and apply for 1995 grant monies. 4. General Taxes With the high level of competition for the general tax dollar it may be difficult to rely on this funding source. 5. Washington County A representative from Washington County suggested that discussions • regarding cost sharing on the Prison Pond outlet occur prior to development of detailed plans and specifications. Middle St. Croix River Watershed Management Organization Page 22 pmc [SOWE AUG 1 9 1994 CITY OF BAYPORT 294 No. 3rd Street BAYPORT, MINNESOTA 55003 Council Meets the First Monday of Each Month -7:00 P.M. 612/439-2530 FAX 439-7188 August 16, 1994 LaVonne Wilson, Administrator/Treasurer City of Oak Park Heights P.O. Box 2007 Stillwater, Minnesota 55082-2007 Dear LaVonne: At the Middle St. Croix Watershed Management Organization meeting of Wednesday, June 29, 1994, the Perro Creek Sub- Watershed communities of Oak Park Heights, Baytown, Bayport and Stillwater agreed to go forward with construction of the Prison Pond Outlet structure. The Sub-Watershed organization decided to go forward with reconstruction of the Prison Pond Outlet structure based on the Perro Creek Watershed Study conducted by Short-Elliott-Hendrickson. Short-Elliott-Hendrickson presented the Perro Creek Sub-Watershed Study to the Middle St. Croix Watershed Organization on April 25, 1994. The Middle St. Croix Watershed Management Organization during its meeting on Wednesday, June 29, 1994, took the following actions related to the Prison Pond Outlet structure construction: 1. Middle St. Croix Watershed Management Organization adopted a motion designating the City of Bayport as the governmental unit to act on the behalf of the Perro Creek Sub-Watershed Group of Stillwater, Oak Park Heights, Baytown and Bayport to accept the DNR Grant to cover up half of the cost associated with engineering and construction for the Prison Pond Outlet structure. 2 . Designated the City of Bayport as the governmental unit acting on behalf of the Perro Creek Sub-Watershed communities of Oak Park Heights, Baytown, Bayport and Stillwater to enter into a Joint Powers Agreement with Washington County for construction of the Prison Pond Outlet structure. Perro Creek Sub-Watershed communities of Baytown, Bayport, Oak Park Heights and Stillwater's contribution for construction of the Prison Pond Outlet. The cost allocation breaks down as follows: Local Percentage of Amount Government Contribution with DNR Grant Bayport 26.65% $ 6,622.50 Baytown Township 18 .93% 4,738.50 Oak Park Heights 50. 13% 12,532.50 Stillwater 4.29% 1,072.50 Total Contribution $25,000.00 4. The Watershed Management Organization also indicated that the Perro Creek Sub-Watershed communities of Bayport, Baytown, Stillwater and Oak Park Heights agree that should the amount of construction and engineering costs exceed $25,000.00, the Sub-Watershed communities will pay the additional expenses based on the percentages indicated in Paragraph 3 . At the regular City of Bayport Council meeting of August 1, 1994, the City Council adopted Resolution No. 94-79, Approving a Joint Powers Agreement Between Washington County and the City of Bayport for Construction and Reimbursement Agreement for the County State Aid Highway No. 21 and Prison Pond Outlet structure. At the same meeting, Don Theisen from the Washington County Public Works Department presented the following schedule for construction of the Prison Pond Outlet structure: 1. Plans and Specifications - August, 1994 2. Open Bids/Award Contract - September, 1994 3. Begin construction - October, 1994 4. Project completion - November, 1994 Based on the Joint Powers Agreement between the City of Bayport and Washington County, the County would be responsible for all engineering and construction associated with the Prison Pond Outlet Structure. The estimated engineering and construction cost for replacing the Prison Pond Outlet structure is $70, 000.00. Washington County has agreed to contribute $20,000.00 for engineering and construction costs. With the County's contribution, the Joint Powers Agreement specifies the City of Bayport is responsible for approximately $50,000.00 of cost. However, the City has received a Grant from the DNR to fund up to 50% of engineering and construction costs associated with the Prison Pond project. This leaves approximately $25,000.00 to be funded by the Sub-Watershed communities of Bayport, Oak Park Heights, Baytown and Stillwater. To insure that the Sub-Watershed communities of Bayport, Oak To insure that the Sub-Watershed communities of Bayport, Oak Park Heights, Baytown and Stillwater are clear on their financial commitments with this project, I am recommending the four local governments approve a Joint Powers Agreement setting forth the conditions for funding the Perro Prison Outlet structure. I have instructed City Attorney, Jim Lammers, to draft an initial Joint Powers Agreement which I will be forwarding to you in the near future for your local government approval. Thank you for your attention to this matter. Should you have any questions regar-•ing the contents of this letter, please contact me at 439-2 30. Sin - r= y yours. , ir 4'2;1411;7/ 400( - eth H. Hartun•� -y Administrate HIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES APRIL 27 , 1994 Members Present : John McPherson WEST LAKELAND TOWNSHIP Emerson Gates LAKE ST . CROIX BEACH Barbara Cobb ST . MARY 'S POINT Barbara O'Neal OAL PARK HEIGHTS Anders Hanson BAYTOWN TOWNSHIP Gerald Burton LAKELAND Beverly Schultz BAYPORT Diane O'Bryan STILLWATER TOWNSHIP Ann Pung-Terwedo STILLWATER Tim Fredbo SOIL & WATER CONSERVATION Ken Hartung BAYPORT ADMINISTRATOR Jeff Davis SHORT , ELLIOT , HENDRICKSON The meeting was called to order at 7 :OOFM by Chair , Ann Terwedo . MOTION WAS MADE by Schultz and SECONDED by Gates to approve the minutes of the Dec . 16 , 1993 meeting . O'Neal abstained . MOTION CARRIED . MOTION WAS MADE by Schultz and SECONDED by Gates to approve the Agenda . MOTION CARRIED . TREASURER'S REPORT Schultz presented a written Treasurer's report with a balance of $24 ,778 .67 (which includes sub-watershed payments for the Perro Creek Project) . It was MOVED by Gates and SECONDED by O'Bryan to accept the treasurer's report . MOTION CARRIED . MOTION WAS MADE by Cobb and SECONDED by O'Neal to pay the following bills : MOTION CARRIED . The Courier 7' .50 Check #555 SEH $17 ,924 .21 Check #556 City of Bayport $ 14 . 18 Check #557 SEH (rec 'd 4/27) $10 ,734 .00 Check #558 AUDIT The Annual Report and Audit for the year 1992 was submitted to the Board of Water & Soil Resources on 3/17/94 . The cover letter included a 1993 audit extension request until August 1 , 1994 . Barbara Ohman , BWSR Metro Board Conservationist , agreed to the extension via a phone conversation with Cobb on March 22 , 1994 . MOTION WAS MADE by Cobb and SECONDED by Schultz to employ the firm , Tautges , Redpath & Co . , to complete the 1993 MSCRWMO Audit by the August 1 , 1994 date at the estimated cost of $300 . MOTION CARRIED . Schultz will contact David Mol of Tautges Redpath to request audit execution . t*** Post Meeting Request : Tautges Redpath requested that a copy of the 4/27/94 minutes be sent to the firm as verification of the contract . The above . plus the 1993 minutes . were sent on 5/6/94) REPRO CREEK REPORT ..3=-Ff Davis , SEH , presented the, Ferro Creek Study via overhead projection layouts and distributed complete in-depth copies to the sub-w,, members . Basically the study showed that a) A new outlet is required at the Prison Pond b) Water discharge capacity through the railroad embankment is inadequate to maintain water surface two feet below critical building elevations and the study recommends that : a) construction of the Prison Pond outlet be completed as part of County Road 21 reconstruction : Est . Cost $70 ,0X1 b) a detailed study be initiated for increasing the water discharge capacity through the railroad embankment to the St . Croix River . Est . Cost $125-185 ,000 Discussion followed : --Hanson questioned that costs per sub-member are based on acreage rather than run-off contribution stating that run-off is more reduced on agricultural land . He feels Baytown 's share should not be as great due to this factor . Jeff Davis said it is possible to use a different formula (CA=area times runoff coefficient ) and that it would be a sub-watershed decision . --O'Neal• questioned the water quality probables of that water which would then flow undeviated into the St . Croix . She would have a problem with any further degration to the river . Fredbo thinks the change would be minimal and may actually improve in quality. Should we continue with the entire project , O'Neal would like us to examine the water dispensed from the new pipe system . -Schultz suggested that we again approach Washington County on sharing the costs of the new outlet which would enhance the safety factors of Cty Rd. 21. -Hartung urged the WMO to apply for insurance now that the "study" is complete and whether or not we continue with the project. He forsees certain liabilities for the WMO with this definite project related work and the documentation of an existing problem. Cobb has called three different insurance providers and will fill out the appropriate applications to produce quotes that can be reviewed by the board. - Schultz questioned the availability of the study information and/or computer disk to the general public. Davis stated that the availability is up to the WMO and that perhaps a permit-for-use could be established. Discussion centered on allowing the disk to be utilized only at the SEH office. Copies of the written materials could be made -- for a fee? No decision making motion was made. - O'Neal requested a sub-watershed meeting with city & township councils, county officials and the DNR in attendance. The meeting was set for May 4, 1994, 4:00PM at Bayport City Hall. WETLAND CONSERVATION ACT Cobb requested that any resolutions regarding acceptance of the WCA rules or transference of such acceptance to the county or SWCD by all the member LGU's be copied to her for the file. EDUCATION Cobb mentioned the need to further educate the member city officials (particularly south of Hwy 94) and the general public on the WMO's mission, responsibility and authority. O'Neal suggested doing a Cable TV presentation . Finding time to put anything together is a major problem for all members. Any WMO information printed in member city newsletters should be copied to Cobb for the files. OFFICER ELECTIONS The MOTION was made by Schultz and SECONDED by O'Neal that all officers keep their places until December . MOTION CARRIED. OLD BUSINESS MOTION was made by COBB and seconded by HANSON to table review and update of the Joint Powers Agreement. The next meeting date was discussed . Due to prior commitments the June meeting will be changed to the LAST WEDNESDAY IN JUNE. Meeting adjourned 9:00PM NEXT MEETING: WEDNESDAY, JUNE 29, 1994 BAYPORT CITY HALL 7:00PM MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES FEBRUARY 23, 1994 Members Present : John McPherson WEST LAKELAND TOWNSHIP Emerson Gates LAKE ST. CROIX BEACH Barbara Cobb ST. MARY'S POINT Dean Kern Sr . OAK PARK HEIGHTS Alternate Anders Hanson BAYTOWN TOWNSHIP Diane Wirth LAKELAND Alternate Beverly Schultz BAYPORT Janet Giuliani LAKELAND SHORES Diane O'Bryan STILLWATER TOWNSHIP Wendy Griffin SOIL. & WATER CONSERVATION Ken Hartung BAYPORT ADMINISTRATOR Paul Tatting BAYPORT Dave Mall AUDIT COMPANY The meeting was called to order at 7:00PM by acting Chair , Barbara Cobb. MOTION WAS MADE by Schultz and SECONDED by Gates to approve the minutes of the Dec. 16, 1993 meeting. MOTION CARRIED. MOTION WAS MADE by Schultz and SECONDED by Gates to approve the Agenda with the addition of "Bill Payment" under the Treasurer's Report . MOTION CARRIED. TREASURER'S REPORT Schultz presented a written Treasurer's report with a balance of $10 , 139.40 (which includes two sub-watershed payments totaling $2,433.54) . It was MOVED by Gates and SECONDED by Giuliani to accept the treasurer's report . MOTION CARRIED. MOTION WAS MADE by Schultz and SECONDED by Kern to pay the following bills: SEH $13,446. Check # 5=7"/ (This Perro~Creek Study charge will be paid as soon as all monies are " in" from the 4 units of the sub-watershed) Met . Council $ 860 .00 Check # SIGNATORY DESIGNATION Newspaper Courl.er, Stillwater-MOTION, Gates-SEC, O'Brien Bank First Bank, Bayport MOTION, McPherson-SEC, Kern Tech.Advisors Wash .Cty SWCD MOTION, Schultz-SEC, Giuliani AUDIT Mr. Dave Mall of the firm, Tautges, Redpath & Co. , reported on the completed audit . He requested adding check #'s of bills paid to the minute reports. He is going to contact the Board of Water & Soil Resources regarding the requirement of annual audits for less active WMOs hoping the requirement is not statutorial and that the rule can thus be considered for amendment . He will report back to the WMO treasurer. *** Please see attached correspondence. y J .1.,OV Middle St. Croix Watershed Management Organization \$ April 27, 1994 Treasurers Report • 2/23/94 Balance $10139.40 Disbursements 2/28 Service Charge $ 8. 88 3/2 Metro Council 860.00 3/2 SEH 13044.46 3/31 Service Charge 6. 24 $ 13919,58 $-3780. 18 Deposits 2/28 Interest $ 12.31 3/2 P.C.S. OakPark 6526.76 3/10 P.C.S. Still. Bayport 2289.77 3/18 P.C.S. Baytown 1794. 38 3/31 Interest 11 .42 4/8 P.C.S. Bayport 4302.35 4/15 P.C.S. Baytown 3934.77 4/19 P.C.S. OakPark 8968.34 4/22 P.C.S. Still. 718.75 $ 28558.85 $24778.67 Apr,'/ z7 iIJ9i( P.C.S. Perro Creek Study I have received three bills to have paid this meeting. The Courier $2 .50; SEH $17924.21 ; an City of Bayport $14. 18. -#-sSSS * ss-i, IL Respectfully Submitted, 6.-s-7 Beverly H Schultz Treasurer MSCWMO ` /0,734,0 — 4SSZ§ V rd/ w Lu. 0 ,c. S stAxNuLl, P ,4P toa.ec..-t-2J i TA UTGES, REDPA TH & CO., LTD. CERTIFIED PUBLIC ACCOUNTANTS AUDITOR'S COMMENTS ON COMPLIANCE To the Honorable Board of Commissioners of the Middle St.Croix River Watershed Management Organization 217 North 4th Street Stillwater,Minnesota 55082 We have audited the general purpose financial statements of the Middle St. Croix River Watershed Management Organization as of and for the year ended December 31, 1992, and have issued our report thereon dated August 5, 1993. We conducted our audit in accordance with generally accepted auditing standards,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 and certain statutory sections applicable to watershed management organizations. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws,regulations,contracts,and grants applicable to the Watershed Management Organization is the responsibility of the Watershed Management Organization's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement,we performed tests of the Watershed Management Organization's compliance with certain provisions of laws,regulations,contracts, and grants. However,our objective was not to provide an opinion on overall compliance with such provisions. The results of our tests indicated that,with respect to the items tested,the Watershed Management Organization complied,in all material respects,with the provisions referred to in the preceding paragraph. With respect to items not tested,nothing came to our attention that caused us to believe that the Watershed Management Organization had not complied,in all material respects,with those provisions. The Minnesota Legal Compliance Audit Guide for Local Government covers five main categories of compliance to be tested: Contracting and Bidding,Deposits and Investments,Conflicts of Interest,Public Indebtedness,and Claims and Disbursements. Our study included deposits and investments only, as this is the only category applicable to Watershed Management Organizations. 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 applicable legal provisions and nothing came to our attention that would indicate that the Watershed Management Organization has not complied with provisions not reviewed. Respectfully submitted, Tautges, Redpath& Co.,Ltd. Certified Public Accountants August 5, 1993 4810 White Bear Parkway • White Bear Lake, Minnesota 55110 • 612/426-7000 • FAX/426-5004 • Member of HLB International d 4fri3 MIDDLE ST CRO IX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES APRIL 21 , 1993 Members Present : Ann Pung-Terwedo STILLWATER Tori Popov AFTON Jerry Burton LAKELAND Barbara Cobb ST. MARY'S POINT Barbara O'Neil OAK PARK HEIGHTS Beverly Schultz BAYPORT Diane O'Bryan STILLWATER TOWNSHIP Tim Fredbo Soil & Water Conservation Dist . The meeting was called to order at 7:10PM by Chair, Ann Pung-Terwedo. MOTION WAS MADE by O'Neil and seconded by �I Schultz to approve the minutes of the April 21st and June 23rd meetings. MOTION CARRIED. F'C'FFFTARY'q PFPOPT Cobb reported that the St . Paul Dispatch, the official WMO publication, ran the meeting notice at $6.40 per line (25 characters per line) or four lines at approximately $25.60 for a one day publication. She will check into costs at the Courier. Cobb reported receipt of a letter from the Met . Council regarding their citizen-assisted LAKE MONITORING/TESTING PROGRAM for 1994. Due to their budgeting process, they wanted " interest" shown now for the 1994 program which would include 14 sampling visits (April thru Oct . ) plus equipment , lab analysis, and data reports for an estimated $1000 per lake. Since the WMO's prior lake water testing program fell through, she agreed to show interest in testing Lake Mucusik and Lilly Lake on behalf of the WMO. Members agreed with this show of " Interest" and Shultz thought she could find citizen volunteers. TREASURER'S REPORT Schultz presented a written Treasurer's report with a balance of $4092.97 (which includes some monies of the sub-watershed for payment of the Phase I study) . It was MOVED by O'Neal and Seconded by O'Bryan to accept the treasurer's report . MOTION CARRIED. Schultz reported that statements for the 1993 WMO subsidy have been sent and that to date, only Lakeland and St . Mary's Point have not paid their portion Schultz presented a 1992 audit option with the firm, Taut es g , Redpath & Co. , at a maximum cost of $500 . Schultz will contact Dave Truax of Browns Creek WMO regarding a contact within the state auditors office for an additional audit option . FERRO CREEK REPORT Fredbo stated that now that matching funds within the WMO have been secured, he will meet with Ken Hartung, Bayport , to prepare the DNR grant application . Both Schultz and O'Neal stated that they want a DETAILED contract from SEH with specifics and itemized costs. The sub-watershed will need to meet to approve the SEH contract through formal motion. The Oak Park Heights lawyer will review the contract on behalf of the sub-watershed. No formal date was set, but Fredbo will contact Jeff Davis, SEH, to arrange contract preliminaries. O'Neal reported that the County may put in gravity outlet overflow pipes when redoing Cty. road 21 , although no formal presentation has been made by the county to the cities effected. UPGRADING JOINT POWERS & ANNUAL REPORT REQUIREMENTS Fredbo will prepare a model joint powers agreement including the new BWSR requirements for the June meeting. He presented a sheet on the Annual Reporting requirements and discussion followed on who would undertake specific areas. Cobb will handle the organization's board member listing, advisory committee members ( NEED MOTION IN JUNE - initially suggest Ken Hartung, OPH lawyer , need citizens-at-large, etc. ) , organization's employees & consultant and the assessment of the previous years annual work plan that indicates whether goals & objectives were achieved. Fredbo will handle a summary of permits reviewed (#E) and local plan adoption status (#G) . #D, a projected work plan for 1994, will be finalized at the June meeting from a list provided by Fredbo, as well as the operating budget for 1994, including capital improvement budget if necessary. ADJOURNED: MOTION O'Neal , seconded Cobb. MOTION CARRIED: 8:20PM /BC NEXT MEETING: WEDNESDAY, JUNE 23, 1993 7:00PM BAYPORT CITY HALL OMP. ///// Middle St . Croix Watershed Management Organization June 23, 1993 Treasurers Report 4/21/93 Balance $4092.97 Disbursements 4/30/93 St .Paul Pion. Press $ 32. 10 4/31/93 Service Charge 6.54 5/31/93 Service Charge 6. 12 . $ 44.76 14048. 21 ` Deposits 4/22/93 Deposit $ 1530.67 4/30/93 Deposit 723.33 5/02/93 Interest 6.68 • 6/02/93 Deposit 48.84 • 5/31/93 Interest 9.35 $ 2318.87 $6367.08 Correction on June 1 , 1993 have added $9. 12 to balance the difference on bank statement since I became treasurer 3/17/93. Now the bank and I balance. $6367.08 correction + 9. 12 Balance 6/23/93 $6376.20 Respectfully Submitted, jeezee4 77/51C/fel-e5— • Beverly H Schultz Treasurer MSCWMO 6/23/93 W SHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curvy Crest Blvd.,Room 101 -,i ,' Stiliwotor;MN 55082 • V % (612)439.6361 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS June 11 , 1993 COPY Ms. Ann Terwedo, Chair Middle St. Croix WMO City Hall 216 N. Fourth Street Stillwater, MN 55082 RE: SEH Inc. , " Agreement" and "Scope of Work" for Perro Creek Study Dear Ms Terwedo: Enclosed please find the above referenced documents from SEH that will need to be approved and signed at the June 23rd MSCWMO meeting. Please review this information and contact me if you have any questions. I feel that everything is in order. The MSCWMO, Perro Creek Subwatershed members have also been mailed this information for their review. Sincerely, • Tim Fredbo Washington SWCD Staff Enclosure cc : Barbara O'Neal , Oak Park Heights Beverly Schultz, Bayport • Anders Hanson, Baytown Barbara Cobb, Secretary - AN EQUAL OPPORTUNITY EMPLOYER MAR 17 1993 t_ TO: City of Oak Park Heights • FROM: Middle St. Croix Watershed Management Organization DATE: March 15, 1993 RE: 1993 Billing The Middle St. Croix Watershed Management Organization has adopted a formula for its budget according to the Joint Powers Agreement to Protect and Manage the Middle St. Croix River Watershed, Article III, 5.2 operating funds. The City of Oak Park Heights' share according to this formula is $1, 104.67 for 1993. $552.34 is due now and $552.33 is due on July 1, 1993. You have the option of making one payment for the full amount or two payments as listed above. Please forward check to: Barbara Cobb 2170 Itasca Ave. So. P.O. Box 302 Lakeland, MN 55043 Sincerely, Aiftt5111!5:152- Treasurer, MSCWMO )4 k d JOINT MEETING �L� MIDDLE RIVER WATER MANAGEMENT ORGANIZATION ,v>"'" ON PERRO CREEK/POND PROJECT January 27, 1993 A workshop meeting was held with the cities of Bayport, Oak Park Heights, Baytown Township, and the Middle St . Croix Water Management Organization. The meeting was called to order by Councilmember Funke at 7 : 00 p.m. Present were : Rich Cummings and Gary Funke, City of Stillwater Linda White, Linda Newell and Bev Schultz, City of Bayport Dick Seggelke and Barb O'Neal, Oak Park Heights Ann Pung-Terwedo, Stillwater City Planner Ken Hartung, Bayport City Administrator Diane O'Brien, Stillwater Township. Tim Fredbo, Washington County Soil and Water Conservation District . Jeff Davis, Short-Elliott-Hendrickson. Barbara Cobb, St . Mary's Point The purpose of the meeting was to discuss the Perro Creek/Pond Improvement Project . Tim Fredbo explained the background of the water management plan. The Middle St. Croix WMO agreed to study the Perro Creek/Pond problem as a condition of approval of its plan. The WMO contracted with Jeff Davis of SEH to assist in the study. Mr . Davis presented a history of the problems associated with the creek . A study undertaken by SEH in 1988 revealed numerous inadequate culverts . Washington County is currently considering reconstruction of County Road 21 in the area along Perro Pond . Mr . Davis discussed five project options, and estimated costs associated with the study. The cost would be shared among the four municipalities involved, according to acreage . He also stated that a grant from the DNR may be available for one-half the cost of the study. Motion by Mayor Schultz, seconded by Mayor O'Neal to present the proposal to the involved cities for approval of the study, the funding amount, and the grant application. All in favor . Motion by Mayor O'Neal, seconded by Mayor Schultz to set the next meeting of the Middle St. Croix WMO for Tuesday, February 23, at Hooley Hall in Baytown. All in favor . Tim Fredbo will submit the grant application. Motion by Mayor O'Neal, seconded by Mayor Schultz to adjourn the meeting at 8 : 00 p.m. All in favor . Submitted by: Shelly Schaubach Recording Secretary, City of Stillwater 1 RECEIvEO wASEI r SEP . 8 197 ENGINEERS 1 ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,ST PAUL,MN 55110-5108 612 490-2000 800 325-2055 September 16, 1992 RE: MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION PERRO CREEK SCOPING STUDY P.C. 1911-71 Mr. Tim Fredbo Washington Soil and Water Conservation District 1825 Curve Crest Boulevard Room 101 Stillwater, Minnesota 55082 Dear Mr. Fredbo: SEH is pleased to be able to assist the Middle St. Croix Watershed Management Organization (MSCWMO) in development of the Perro Creek study scope. A copy of the 1992/1993 Study Scope discussed at the August 25, 1992, MSCWMO meeting, as well as the 1988 Study Scope is included for your review. Upon comparison of the Study Scopes, it can be seen that the 1992/1993 Study Scope provides much more information than was originally anticipated. Scope changes can, in part, be attributed to the following: 1. Request(s) from the Minnesota Department of Natural Resources (MDNR) . 2. Improved technology. SEH now has the capability to provide a continuous water surface profile along the entire creek. 3. Options 2, 4, 5, part of Option 1 and the "Givens" as well as the borings, were not previously included in the 1988 scope but were identified as deserving consideration in the scoping study. SEH has also estimated our associated study costs with regard to the referenced project as requested. Costs for each of the study options is provided. This allows the MSCWMO to direct where the study dollars are expended. The following is a summary of the study costs. SHORT ELLIOTT HENDRICKSON INC. ST CLOUD,MN CHIPPEWA FALLS,WI MADISON.WI MR. TIM FREDBO September 16, 1992 Page 2 1. Contour mapping and related $23,000 2. Givens $28, 164 3. Option 1 $6, 985 4. Option 2 $4, 198 5. Option 3 $8,073 6. Option 4 $5, 102 7. Option 5 $8, 018 8. Borings ($2, 500 Option 2, $2, 500 Option 5) $5,000 TOTAL ESTIMATED FEE $88,540 Our estimated fees are based on the assumption that the study would not proceed until July of 1993, at which time monies from the MDNR Flood Hazard Reduction Grant would be available. Based on the assumption that a matching grant would be provided on this project, cost to each of the communities would remain within $2,000 to $3,000 of those estimated in 1988. The fee could be reduced by the MSCWMO. For example, the MSCWMO may choose not to study Option 2 and 3. This would reduce the total estimated fee by $14,771. The MSCWMO may also consider eliminating all of the options and borings. This would still provide an updated creek model, identified as needed in 1988, from which to select options to study further. Estimated fees include a report and cost estimates. We propose to bill on an hourly basis which may reduce the total estimated fee even further. This study will provide a document that the MSCWMO can use to manage Perro Creek now and in the future.. Based on the potential for development in the watershed, an ever increasing demand will be put on the prison pond and Perro Creek. MR. TIM FREDBO September 16, 1992 Page 3 If you have any questions or concerns, you may contact me at 490- 2025. Sincerely 0 Jeff D v s, P.E. Project Manager JTD: llc Enclosures: Perro Creek Scoping Study Option Map Potential Flood Damage Map for the City of Bayport 1992/1993 Study Scope 1988 Study Scope .1992/ 1993 PERRO CREEK STUDY SCOPE I. Givens A. Develop contour mapping B. Hydrology/hydraulics (H/H) 1. Runoff characteristics 2. Rainfall events 3. Culvert and ditch capacities 4. Water surface profile 5. Field surveys 6. Design new outlet for prison pond 7. Look at 5- and 10-year storm for MDNR • 8. Design ditch on 100-year, Type 1, AMC 2 precipitation event II. Options Option 1. A. Review capacity of existing culverts and ditch. • B. Make recommendations for improvements. C. Raise road or build berm. Option 2. A. Determine effect of additional storage on H/H B. Soil boring program Option 3. A. Review capacity of existing culverts and ditch. B. Make recommendations for improvements. Option 4. A. Preliminary design of diversion structure and outlet B. Diversion and outlet will hopefully eliminate need for improvements on Option 3 reach. C. Maintain base flow in Option 3 reach. Option 3 reach would also be used if the design event were exceeded. Option 5. A. Preliminary design of gravity or pumped outlet for prison pond. B. Recommendation for improvements. C. Phase I environmental site assessment of Trinity Lutheran Church property. D. Preliminary operation plan based feasibility of gravity or pumped oulet. E. Soil borings on Trinity site. 1988 PERRO CREEK STUDY SCOPE VI. IMPLEMENTATION PROGRAM A. Implementation Program for Perro Creek The following implementation program has been adopted by the MSCWMO to establish a plan to solve the flooding problems that occur along Perro Creek. 1 . Where necessary have the affected communities of Bayport , Oak Park Heights and Stillwater establish a sub-watershed taxing district for the Perro Creek minor watershed. 2 . Undertake the additional studies recommended in the Perro Creek Study dated 11/8/88. Those studies include: a. Topographic mapping and horizontal-vertical controls. $19,840.00 b. Update existing SCS TR-20 computer model for the watershed and subject watershed to a 100-year Type 1 rainfall event. $ 7,000.00 3 . Identify extent and specific locations for required improvements and flood storage areas. $ 5 ,000.00 4 . Develop a Capital Improvement Program (CIP) based on the findings of the additional studies and their recommendations . $ 2 ,000.00 Total . Estimated Cost for Implementation Program $33,840.00 w• r MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES AUGUST 25, 1992 Members Present : Andy Hansen BAYTOWN TOWNSHIP Ann Pung-Terwedo STILLWATER Tori Popov AFTON Jerry Burton LAKELAND Barbara Cobb ST. MARY'S POINT Barbara O'Neil OAK PARK HEIGHTS Beverly Schultz BAYPORT Ken Hartung BAYPORT Tim Fredbo Soil & Water Conservation Dist . Jeff Davis Short , Elliot , Hendrickson The meeting was called to order at 7:06PM by Acting Chair , Anders Hansen. MOTION WAS MADE by O'Neil and seconded by Schultz to approve the minutes of the April 21st and June 23rd meetings. MOTION CARRIED. TREASURER'S REPORT Terwedo reported a balance of $3,379.04 ( including $1096.00 that must be paid out for Perro Creek Phase I expenses) . Bills, above that expense , included $480 .00 to Tim Fredbo, Soil & Water Conservation District , for services rendered and $30 . 18 to Barbara Cobb for postage & envelopes. MOTION WAS MADE by Schultz and seconded by Popov to approve payment of the bills. MOTION CARRIED. ELECTIONS • MOTION WAS MADE by Cobb and seconded by Burton to call the office of Chair vacated due to absence. MOTION CARRIED. Nominations from the floor were requested. MOTION WAS MADE by Hanson and seconded by O'neil to elect Ann Pung-Terwedo as Chair for the Middle St . Croix WMO. MOTION CARRIED. MOTION WAS MADE by Hanson and seconded by Burton to table election of Treasurer and Vice Chairman to the next meeting. MOTION CARRIED. PERRO CREEK REPORT --MNDOT CONSIDERATION Jeff Davis, SEH, presented a copy of a letter sent to MNDOT, on behalf of the WMO, regarding the Interception of water 4 run-off north of HWY 36 by the "new bridge" highway water drainage system so that it would not further contribute to the Perro Creek problem. MNDOT would decide if there is, in actuality , such a run-off problem and/or if the watershed had to contribute any monies for Its control . *Insert . . . (This secretary detected some discord within the membership for a letter sent on behalf of the WMO prior to its Ok as a formal group . I did not press the Issue as that time , but in thinking It over, this acts as a reminder to bring before the Board, a policy of restraint by hired personnel regarding action taken without board or sub-watershed board approval . This would not , in any way , reflect on our positive relationship with the people "who keep our WMO afloat" , nor hinder S & W action regarding permit projects, but act merely as a reminder of the proper steps to follow for such representative communication . ) O'Neil stated that new drainage pipes have been laid under Hwy 36 with the construction of the new city building and that run-off north of 36 may not be a problem at all . She suggested that Davis speak to Lewis about both "bridge scenarios" (the staging & the ultimate) ---PERRO CREEK AGENDA Davis presented the "givens" for Perro Creek final stabilization and five (5) options for specific control ( the Option sheet attached to these minutes) . ( It was a GREAT presentation ! ! ) ---MN DNR CONSIDERATION (Letter to augment minutes ??? attach) The DNR concerns regarding the Perro Creek project are as follows: a) Maintain a reasonable status quo regarding the raising of Cty Rd. 21 . b) develop a hydrological analysis for the 5 and 10 year storm event c) wants control to be able to simulate drought conditions at the prison pond and allow wetland type surrounding growth d) wants a maintenance plan developed for the pump or gravity outlet and specification of who is responsible. DISCUSSION FOLLOWED on the various "givens" and "options" . Hartung questioned the necessity of further contour mapping after emphasizing what was already available. Davis said it was necessary to verify storage areas and land e l evat i ons, acreage for s outlay , the basis for estimating ditches and a base for further hydrological studies, etc . Much discussion around this issue . . . O'Neil & Schultz brought forward budget needs - due for all cities in early October . They asked that estimates follow as soon as possible. O'Neil asked if the dollar outlay needs to be allocated specifically in the budget as a capital improvement? Funding options were discussed: i .e . DNR Flood Hazard Elimination grants by the DNR (Joe Gibson) - 50% matching grants - Fredbo will see to obtaining grant forms, and reminded us that a project cannot start prior to grant acceptance. Davis will have dollar estimates to appropriate peoples within 2/3 weeks. Cobb reiterated that this project ONLY INVOLVES the sub-watershed of STILLWATER, BAYPORT, OAK PARK HEIGHTS, AND BAYTOWN TOWNSHIP (or as the last three municipalities are so fondly called: BOB ! ) Continuation of discussion (not formally resolved) revolved around a) the long term maintenance issue , *** b) the "damage" estimates <I can' t read my own notes - what was that all about ??? > and c) the legal aspects and costs: i .e . may involve easement acquisitions, condemnation , contracts, etc . As Barb O'Neil so beautifully put it - four different cities, with four different attorneys, will come up with four different considerations of the action to be taken , along with four different bills . . .Davis wonders if one lawyer might be assigned the project for all four municipalities in a bill -share capacity . . . reflection for future consideration ! ! ! ADJOURNED: MOTION Hanson , seconded Cobb. MOTION CARRIED: 8:30PM • NEXT MEETING: TUESDAY, SEPTEMBER 22, 1992 7:00PM BAYPORT CITY HALL MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION AFTON Tori Popov 436-1194 4099 Penfield Court So Afton , MN 55001 BAYPORT Beverly Schultz 439-2530 297 North 4th St . Bayport , MN 55003 BAYTOWN Anders Hansen 439-1881 TOWNSHIP P.O. Box 135 Stillwater , MN 55082 LAKELAND Gerald Burton 436-7990 16111 First St . North Lakeland, MN 55043 LAKELAND SHORES Janet Giuliani 436-5641 15 Lakeland Shores Road Lakeland Shores, MN 55043 LAKE ST, CROIX Stan Suedkamp 436-5313 BEACH 1420 Riv iera Ave South Lake St . Croix Beach , MN 55043 OAK PARK HEIGHTS Barbara O'Neal 439-3381 6213 No. St . Croix Trail Oak Park Heights, MN 55082 ST. MARY'S POINT Barbara Cobb (Secretary) 436-8953 2170 Itasca Ave South P.O. Box 302 Lakeland, MN 55043 STILLWATER Ann Pung-Terwedo (Chair) 439-6252 15157 North 63rd St Oak Park Heights, MN 55082 STILLWATER Clerk, Pat Bantli Need Rep TOWNSHIP P. 0. Box 117 Stillwater, MN 55082 WEST LAKELAND Clerk, Nancy Magler 436-5904 TOWNSHIP 13228 20TH St . North Need Rep Stillwater, MN 55082 WASH.CTY SOIL & Tim Fredbo 439-6361 WATER CONSERVATION 1825 Curve Crest Blvd. Rm 101 DISTRICT Stillwater , MN 55082 MSCWMO Presentation Outline Perro Creek Agenda August 25, 1992 /4,),(fid /;" 1. Project Introductions , '`2 2. Letter to Mn/DOT's' V 3. Meeting with MDNR 4. Project Options (Handout) 5. Funding 6. Long-term Maintenance 7. Legal Aspects 8. Comments /'177 :A jett)/ Viii) ) • v‘,64? I. Givens 1,1) A. Develop contour mapping B. Hydrology/hydraulics (H/H) 1. Runoff characteristics 2. Rainfall events 644 / 3. Culvert and ditch capacities ./020, 4. Water surface profile 5. Field surveys 6. Design new outlet for prison pond 7. Look at 5- and 10-year storm for MDNR Design ditch�100,0-year, Type 1, AMC 2 precipitation event II. Options U T''o"•`S tl' Option 1. • A. Review capacity of existing culverts and ditch. B. Make recommendations for improvements. C. Raise road or build berm. vekrOPtion 2. A. Determine effect of additional storage on H/H "/ NAj B. Soil boring program ('�` Option 3. • A. Review capacity of existing culverts and ditch. B. Make recommendations for improvements. Option 4. A. Preliminary design of diversion structure and outlet B. Diversion and outlet will hopefully eliminate need for improvements on Option 3 reach. C. Maintain base flow in Option 3 reach. Option 3 reach would also be used if the design event were exceeded. Option 5. .001") 6.1))P A. Preliminary design of gravity or pumped outlet forprison pond. j' B. Recommendation for improvements. C. Phase I environmental site assessment of Trinity Lutheran Church property. D. Preliminary operation plan based feasibility of gravity or pumped oulet. E. Soil borings on Trinity site. EL JYY Y I MIDDLE ST CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION MEETING MINUTES June 23, 1992 Members Present : Andy Hansen BAYTOWN TOWNSHIP Nile Kriesei STILLWATER Barbara Cobb ST. MARY'S POINT Barbara O'Niel OAK PARK HEIGHTS Beverly Schultz BAYPORT Tim Fredbo Soil & Water Conservation Dist . Jeff Davis Short , Elliot , Hendrickson Dick Herrold Washington County The meeting was called to order (without a quorum) at 7: 10PM by Acting Chair , Anders Hansen . No minutes or treasurer's report was available . COUNTY ROAD 21 RESTORATION The restoration of County Rd. 21 from 14th to the prison cut off at Cty 28 was discussed following an overview by Dick Herrold. He reiterated the need for any Perro Creek Sub Watershed activity to be organized NOW with the coordination of Washington County & MNDOT so that any additional piping, etc. , be placed under the road before restoration FERRO CREEK SUB WATERSHED The total sub-watershed is 1600 acres Cover 2 square miles) . Fredbo presented a map showing the number of acres in each municipality : Stillwater 66 acres Oak Park Heights 722 acres Bayport 300 acres Baytown Township 536 acres The Bayport tributary of Perro Creek experiences intermittent flooding making road icing a major problem in the winter months. The recurring flood problems were substantial in 1973/74 causing major flood damage. The prison has a 1920 vintage pump that attempts, often in vain , to prevent overflow from the Bayport streets. The present ditch channels are not able to handle the 100 year event and during major rains, 1 1/2 feet of water on roads below the railroad embankment Is evident Proof , The DNR manages the pond and work has been done on the edge of Perro Creek. r DISCUSSION FOLLOWED: Schultz suggested that the present road bed of 10/12 inches higher than the creek level , be induced to a much higher elevation , particularly close to the dam/pump area, which would then make a more natural holding area in the adjacent lands. Herrold stated that drainage easements may be needed from adjacent property owners when changing the level of the Pond. Agreement was positive from all municipalities concerned regarding the need to develop a study showing contours and water drainage courses. When a possible direction for runoff was established at north of the old prison , O'Neil stated the need for a study prior to such delegation since that site was an old dump with possible contaminents in the soil . Fredbo discussed the need to form a fixed sub-watershed district of the municipalities involved in the Perro Creek situation. *** It was MOVED by Hansen and seconded by O'Neil to form a Perro Creek Sub Watershed district consisting of Stillwater, Oak Park Heights, Bayport , and Baytown Township. MOTION CARRIED ( with full participation in quorun of sub-watershed) *** It was MOVED by O'Neil and seconded by Schultz to proceed with the Phase I workplan (contingent on approval of the various councils) as outlined by Short , Elliot Engineering firm In the amount of $1000 .00 to be alloted to the municipalities involved at aproximately $1 .00 per acre . It was decided to call the secretary upon receipt of council approval and she would consequently sign and send the approved document for Phase I . 1973 BUDGET It was determined that the $7500 .00 total budget for 1993 will be sent to the municipalities in two billing statements (June and November 1993) WATER QUALITY Fredbo spoke of a St . Thomas Professor, Rick Meierotto, who would do water quality testing (free of charge for services) in McKusick & Lily Lake three times per year . Adjourned 8: 15PM ! CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, JUNE 8, 1992 6 : 15 P.M. AGENDA: Staff Reports were reviewed. Call to order at 7 :00 p.m. by Mayor O'Neal. Present: Doerr, + Seggelke, Kern, Carufel, Vierling, Richards and Wilson. Clerk read public hearing notice and presented affidavit of publication to amend City Code of Ordinances to add Chapter 310 dealing with soil erosion and Chapter 410 dealing with restrictive soils. Mayor called for comments and discussion ensued. Carufel, seconded by Kern, moved to close hearing. 5 aye votes. Hearing closed. Seggelke, seconded by Kern, moved to adopt Resolution #92-06-26 adding the above ordinances, as received at this meeting, to the City Code. Roll call vote taken with 5 aye votes cast. Resolution adopted. Carufel, seconded by Seggelke, moved to adopt Resolution #92-06- K 27 approving the City of Oak Park Heights adoption of the existing Water Management Plan. Roll call vote taken with 5 aye votes cast. Resolution adopted. Resident Phil Beck apprised the City Council of yard and drainage problems on his property. City employees directed to look into the matter. Bill Shelton discussed problems along Oldfield Ave. This to be reviewed at workshop scheduled July 8, 1992 . Carufel, seconded by Kern, moved to hire Jim Butler as full time/temporary building inspector for the balance of 1992 at forty (40) hours per week with no overtime. 5 aye votes. Carried. Kern, seconded by Seggelke, moved to terminate Foss Sweeping Service contract. 5 aye votes. Carried. Kern, seconded by Carufel, moved to award bid to St. Croix Sweeping. 5 aye votes. Carried. Kern, seconded by Seggelke, moved to reschedule workshop on street reconstruction to Wednesday, July 8, 1992 at 7 :00 p.m. 5 aye votes. Carried. RESOLUTION 92-06-27 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING WATER MANAGEMENT PLAN WHEREAS, the laws of the State of Minnesota require municipalities to adopt and enforce within their respective jurisdictions a water management plan affecting surface water, drainage on wetland management provisions; and, WHEREAS, the City Council for the City of Oak Park Heights previously prepared a water management plan through the offices of the Middle St. Croix Valley Water Management Organization; and, WHEREAS, the water management plan is proposed to be adopted by the City of Oak Park Heights has been approved by the offices of the Middle St. Croix Valley Water Management Organization; and, WHEREAS, the City staff recommends the adoption of said water management plan; and, WHEREAS, public hearings have been duly held on said water management plan and there have been no adverse public comments j related thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights that the water management plan on file and of record in the office of the City Clerk as of this date shall be adopted by the City as its official Water Management Plan. Passed by the City Council of the City of Oak Park Heights this 8th day of June, 1992. Barbara O'Neal, Mayor Attest: aVonne Wilson, City Clerk MEMORANDUM 7' TGt LaVonne Wilson 6/e FROM: Scott Richards DATE: 22 May 1992 RE: Oak Park Heights - Water Management Plan C FILE NO.: 798.02 91.15 FAX (612) 595-837 This memo, as attached, is intended for the 8 June City Council meeting for consideration of the Water Manage- ment Plan and Soils Ordinances. I have not distributed the memo to Mark and Joe and assume you will . Have the Council members received copies of the MSCWMO Water Management Plan? If not, we should have copies available. I'll call you next week. av ?.?:„}l ei. „s 5775 WAYZATA BOULEVARD • SUITE 555 • SAINT LOUIS PARK, MN 55416 WHITE - ORIGINAL YELLOW - FILE COPY PINK - C FILE . rN Northwest Associated Consultants , Inc . AC URBAN PLANNING • D E S I G N • MARKET RESEARCH MEMORANDUM TO: LaVonne Wilson FROM: Scott Richards DATE: 22 May 1992 RE: Oak Park Heights - Water Management Plan FILE NO: 798 .02 91.15 As you are aware, the Middle St. Croix Watershed Management Organization (MSCWMO) has required cities and other governmental units to adopt a watershed management plan. To enforce the plan, the MSCWMO has required the governmental units to adopt regulations related to bluffland and shoreland management, floodplain management, restrictive soils, wetland preservation, soil erosion, storm water management, and on-site septic system regulations. Of the required regulations, Oak Park Heights is to adopt restrictive soils and soil erosion ordinances. The City is currently in compliance with all of the other regulations. The Middle St. Croix Watershed Management Plan, drafted in 1987, has been formally approved by the Minnesota Soil and Water Conservation District. The City has the option of drafting a compliant water management plan or adopting the Middle St. Croix Plan as its own. Our office has reviewed the Middle St. Croix Plan and determined that the policies relating to water quality and quantity, flooding, erosion, sedimentation, ground water, recreation, fish, wildlife habitat, and land water management are consistent with the Oak Park Heights Comprehensive Plan and the general intent of the City. Due to the expense and time involved in drafting a new, separate plan for the City, we would recommend that the Middle St. Croix Plan be adopted by resolution as the watershed management plan for the City of Oak Park Heights. Mark Vierling, the City Attorney, has drafted Soil Erosion and Restrictive Soils Ordinances which have been reviewed by our office. We expect that these ordinances will be adopted with the approval of the watershed management plan at your 8 June 1992 meeting. If you have any questions or comments, please do not hesitate to call. pc: Mark Vierling Joe Anderlik 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 --z5E11 ENGINEERS I ARCHITECTS'PLANNERS 3535 VADNAIS CENTER DRIVE ST.PAUL,MINNESOTA 55110 612 490-2000 May 6, 1992 RE: MIDDLE ST. CROIX WMO CR 21 RECONSTRUCTION/PERRO CREEK STUDY SEH FILE NO. PC 1911-71 Mr. Tim Fredbo Washington County Soil and Water Conservation District 1825 Curve Crest Boulevard, Room 101 Stillwater, Minnesota 55126 Dear Mr. Fredbo: We are pleased to submit this proposed Scope of Work for Phase I, Preliminary Work Plan, for the above-referenced project. The Work Plan willdefine issues to be addressed in Phase II, Feasibility Report. As discussed at the meeting on April 28, 1992, Washington County intends to reconstruct a portion of County Road 21. The outlet for the prison pond extends through the roadway embankment which is to be reconstructed. This project was also identified in the Middle St. Croix River, Watershed Management Organization' s (WMO) Surface Water Management Plan. Work Plan, Phase I The preliminary work plan includes the following: 1. Coordinate with Washington County regarding construction requirements for C.R. 2. Attend meeting with representatives from the MnDNR regarding wetland and wildlife impacts at the prison pond. SEH wetland specialist would also attend this meeting. 3. Coordinate with Minnesota Correctional Facility - Stillwater regarding existing and proposed utilities in the project area. 4. Coordinate wit; City of Oak Park Heights regarding existing and proposed utilities in the project area. 5. Coordinate with City of Bayport regarding existing and proposed utilities in the project area. SHORT ELLIOTT ST PAUL, CHIPPEWAFALLS, HENDRICKSON INC. MINNESOTA WISCONSIN Mr. Tim Fredbo May 6, 1992 Page 2 6. Develop list of options to be studied. 7. Coordinate with Mark Hurd to determine cost for developing 1"=200' , 2-foot contour maps of the area tributary to the prison pond and Perro Creek. 8. Meet with WMO representatives to finalize scope of work for Phase II Feasibility Report. Estimated Fee Our estimated fee for Phase I, Preliminary Work Plan is $1,000. Upon completion of Phase I services, a Letter Agreement will be prepared detailing the Scope of Work and related Estimate of Fees for Phase II. Schedule The Phase I Work Plan will be completed within 30 days from authorization. If you are in agreement with this letter agreement, sign both copies and return one copy to SEH. Si cerel Jeff Davis, P.E. Project Manager JTD:llc Enclosure cc: Dick Moore, SEH Approved this /, JZ day of .-/4* , 1992. MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION SHORT ELLIOTT HENDRICKSON, INC. BY .. l TITLE TITLE Wkl.e,. Reted.itel Dee, 1101 a44•It • ........ ENGINEERS■ARCHITECTS 1 PLANNERS 3535 VADNAIS CENTER DRIVE,ST PAUL,MN 55110-5108 612 490-2000 800 325-2055 Date: July 29, 1992 MEETING NOTICE PROJECT: Perro Creek/CR 21 Middle St. Croix WMO WHERE: Bayport City Hall Council Chambers WHEN: August 5, 1992 TIME: 9:00 a.m. PURPOSE: Coordinate with Minnesota DNR regarding wetland and wildlife impacts at the prison pond CONTACT PERSON: Jeff Davis, SEH 490-2025 cc: Tim Fredbo, Washington Co. SWCD Bev Schultz, City of Bayport Barb O'Neal, City of Oak Park Heights Anders Hansen, Baytown Township Marty Rye, MDNR Dick Herold, Washington Co. Bill Mordick, Minnesota Correctional Facility, Stillwater Ann Terwedo, Stillwater Joel Schilling, SEH V1 $1 SHORT ELLIOTT HENDRICKSON INC. ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI May 18, 1992 The Courier 126 South 2nd Street Stillwater, MN 55082 Gentlemen: Please publish the following the week of May 18, 1992. NOTICE OF PUBLIC HEARING AMENDMENT TO CITY CODE OF ORDINANCES CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the City Council of the City of Oak Park Heights, Washington Co. , MN, shall conduct a public hearing Monday, June 8 , 1992 at 7 :00 p.m. or as soon thereafter as time permits. Hearing to be held at City Hall, 14168 N. 57th St. , Oak Park Heights to consider an ordinance amendment to add a Chapter 310 dealing with soil erosion and a Chapter 403 dealing with restrictive soils. Proponents and opponents shall be heard at this time. Dated this 18th day of May, 1992 . BY ORDER OF THE CITY COUNCIL. La Vonne Wilson Administrator/Treasurer CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, MARCH 9, 1992 Callto order at 7 :00 p.m. by Mayor O'Neal. Present: Doerr, Seggelke, Kern, Vierling, Richards , Anderlik & Wilson. Absent: Carufel. Public hearing continued on Interim Conditional Use Permit to Independent School District #834 . Mayor called for comments and discussion ensued. Doerr, seconded by Kern, moved to close hearing. 4 aye votes. Hearing closed. Seggelke, seconded by Kern, moved to adopt Resolution #92-03-11 approving Final Conditional Use Permit to School District #834. Roll call vote taken with 4 aye votes cast. Resolution adopted. Seggelke, seconded by Kern, moved to adopt Resolution #92-03-12 approving the Development Agreement between the City and School District as received this evening. Roll call vote taken with 4 aye votes cast. Resolution adopted. Tim Fredbo of the Washington Soil and Water Conservation District discussed the City' s role and its obligation to Watershed Management Plan implementation. Fred Ross discussed request to install a volleyball court at St. Croix Bowl. This to be an agenda item March 23, 1992. Park Commission will meet at City Hall, Monday, April 6, 1992 at 6 :30 p.m. Subsequent to reviewal of comments from the Police Chief Search Committee, Seggelke, seconded by Doerr, moved to recommend promotion from within for future Police Chief. 4 aye votes. Carried. Seggelke, seconded by Kern, moved to adopt Resolution #92-03-13 establishing the position of Temporary Deputy Chief of Police of the Oak Park Heights Police Department. Roll call vote taken with 4 aye votes cast. Resolution adopted. Kern, seconded by Seggelke, moved to adopt Resolution #92-03-14 assigning Lindy Swanson to the position of Temporary Deputy Chief of Police of the Oak Park Heights Police Department. Roll call vote taken with 4 aye votes cast. Resolution adopted. Mayor and Councilmembers offered their comments on Highway #36 reconstruction and the bridge project. 2eod a -ao- 9z I � Northwest Associated Consultants , Inc . A URBAN PLANNING . D E S I G N • MARKET RESEARCH MEMORANDUM TO: LaVonne Wilson FROM: Scott Richards DATE: 19 February 1992 RE: Oak Park Heights - Middle St. . Croix Watershed Management Plan FILE NO: 798 .02 - 91. 15 At the 10 February 1992 City Council meeting, Mayor O'Neil requested the issue of the Middle St. Croix Watershed Management Plan be placed on the 24 February 1992 agenda for Council discussion. Due to the general uncertainty in proceeding with the plan and ordinances, I asked Tim Fredbo of the Washington Soil and Water Conservation District, consultants for the Middle St. Croix Water Management Organization, to attend a Council meeting to discuss the City' s role and its obligation to Watershed Management Plan implementation. Mr. Fredbo will not be able to attend the meeting on 24 February 1992, but is available for the 9 March 1992 meeting. Although discussion of this issue has been delayed for the last few months, I feel it is important to have Mr. Fredbo explain the issues directly to the Council to help identify the intent and importance of the plan to Oak Park Heights. Please contact me with your thoughts so I can confirm Mr. Fredbo for the 9 March 1992 meeting. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 JJN Northwest Associated ssociated Consultants , Inc . Cj URBAN PLANNING . DESIGN . MARKET RESEARCH EA , 2 i 1 MEMORANDUM TO: LaVonne Wilson FROM: Allan Hunting/Scott Richards DATE: 23 December 1991 RE: Oak Park Heights - Middle St. Croix Watershed Management Plan FILE NO: 798 . 02 - 91.15 On Wednesday, 18 December, Scott Richards and I attended a meeting with Tim Fredbow of the Washington Soil and Water Conservation District, consultants for the Middle St. Croix Water Management Organization (MSCWMO) , to discuss the City' s role and its obligation to the Watershed Management Plan implementation. Tim stated that Oak Park Heights must prepare a plan that will be in compliance with the Middle St. Croix Watershed Plan, as well as the Valley Branch Watershed plan. A soil erosion and restrictive soils ordinance must be part of this plan. The City' s plan can use portions of the MSCWMO' s plan or it can adopt the plan by reference. The two soils ordinances will be tailored to meet existing conditions in Oak ,Park Heights. Scott will contact Joe Anderlik for his comments and opinions on the plan and ordinances. The approval procedure for the plan and ordinances will be to first submit a draft to the Washington County Soil and Water Conservation District for comment, then to the City Council for review and adoption and finally, the plan must be approved by the MSCWMO. Our intent at this time is to review the contents of the MSCWMO plan with Joe Anderlik and see if the City can adopt the plan by reference. The ordinances will be tailored to the City and become part of the plan. 5775 Wayzata Blvd.• Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 MEMORANDUM TO: 41"f LaVonne Wilson IirE;!IF:!_ Scott Richards FROM: - 6 November 1991 DATE: Oak Park Heights - Water Management Plan RE: 798.02 - 91.15 (612)595-9636 FILE NO.: FAX (612) 595-9837 Please find enclosed an informational memo and estimate for completing a Surface Water Management Plan, Soil Erosion Ordinance and Restrictive Soils Ordinance. The amounts listed include production of the plan and ordinances. Any costs incurred for implementation or meetings would be billed separately. Please note that the amount billed in October under the Water Management Plan has been included in the budget attached. If you have any questions please do not hesitate to call . NOV 8 19991 5775 WAYZATA BOULEVARD • SUITE 555 • SAINT LOUIS PARK, MN 55416 WHITE - ORIGINAL YELLOW - FILE COPY PINK - C FILE I ry Northwest Associated_ A c ated Consultants , Inc . C URBAN PLANNING . DESIGN • MARKET RESEARCH MEMORANDUM TO: LaVonne Wilson FROM: Allan Hunting/Scott Richards DATE: 6 November 1991 RE: Oak Park Heights - Water Management Plan FILE NO: 798.02 - 91. 15 In 1987, Oak Park Heights was notified by the Middle St. Croix Watershed Management Organization (MSCWMO) that the cities located in the watershed would be required to adopt the Middle St. Croix Watershed Management Plan. No action was taken at that time by the City because the Management Plan had not been formally approved by the Metropolitan Council or the Minnesota Soil and Water Conservation District. In September of this year, the City was again notified that the plan was formally approved by the Minnesota Soil and Water Conservation District and now local jurisdictions must adopt the plan. This memo provides a summary of the Middle St. Croix Watershed Management Plan and its impacts on development within the City. The purpose of this plan is to provide a local mechanism to reduce public capital expenditures necessary to control excessive volumes and rate of runoff, preventing flooding and erosion, promote ground water recharge and secure other benefits associated with proper management of surface water. The plan' s goals and objectives will be fulfilled through local adoption of the plan and specific ordinances that are noted in the Water Management Plan. The Water Management Plan is to achieve its goals through establishing policies that will address: water quality, water quantity, flood erosion and sedimentation, ground water, and recreation and wildlife habitat. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 The following is a summary of the plan by category and its impacts on the City. A. Water Ouantity. The goal is to reduce public capital expenditures to control runoff by establishing local storm water management. These goals and objectives can be handled by Oak Park Heights through its existing Storm Water Management Plan. B. Water Ouality. The goal is to improve water quality through treatment or control surface water. This goal can be achieved again by the City through its Storm Water Management Plan and by providing municipal sewer. The design of storm sewer systems for this area is very important in order to be consistent with the plan and therefore the City Engineer should be consulted when establishing this plan. C. Flooding. Erosion. and Sedimentation. The goal is to prevent flooding and erosion from surface runoff through local adoption of floodplain regulations and establishing 100 year flood levels on area ponds, lakes and streams. The City has an established Floodplain Ordinance which will control erosion. Developers will be required to identify the 100 year flood level for lakes, ponds, and wetlands. The local communities are responsible for checking and approving methods used by the developer to determine the 100 year flood. Oak Park Heights will be required to adopt erosion and soil loss limit ordinances. D. Ground Water. The goal is to promote ground water recharge and protection through an inventory of the ground water system and protecting areas of significant pollution and recharge. The City will be required to review development with regards to its impacts on the local ground water. With a municipal water system, the City should not be impacted by this requirement. E. Recreation and Fish and Wildlife Habitat. The goal is to protect fish and wildlife in the watershed by considering the impacts of development on wildlife habitat. The St. Croix River is the only body of water in the City which may be affected. F. Local Water Management. The goal is to provide management at the local level, which will be achieved by all affected communities when they adopt the plan. 2 The Water Management Plan itself will consist of an inventory of the affected waters and wetlands in the watershed, potential or existing problems the City has, goals, objectives and policies to carry out the plan, management strategy, capital improvement program, and an amendment procedure. Implementation of the plan is to be carried out by a series of ordinances that address water quality and erosion. The attached table (Figure 12) identifies those regulations that the MSCWMO has identified as necessary to implement its plan. Oak Park Heights currently had adopted all but two of the required ordinances which deal with soil erosion and both must be adopted by the City as part of the plan. The table shows that the City does not have a bluff land/ shoreland ordinance and would be required to adopt one, however, discussions with Molly Shodeen from the DNR reveal that the current adopted Lower St. Croix Management Plan regulates the river and the bluff line. Oak Park Heights does not have any other protected waters. The City does have the option of not adopting the plan. By taking this action, the MSCWMO would be required to review and enforce the regulations and bill the City for their time. Not all of the City is located within the regulated watershed. A map is attached identifying the boundary. The areas of the City within the watershed are primarily developed areas of the City. The amount of actual development activity requiring MSCWMO review would probably be very small . All of the land contained in the school site annexation is outside the watershed and would not be affected by this plan. If the City were to adopt the plan, only a soil erosion and restrictive soils ordinance would be required along with the actual plan. The Management Plan appears to be adoptable by Oak Park Heights with adjustments so as not to conflict with existing City policy. Both the City Engineer and City Attorney should review the document for their comment. Attached to this summary is a work outline for implementing and adopting the plan and ordinances and amending the Comprehensive Plan. 3 z 0 N ,a U, J z z F W a i f t7 f W F W 0 C a �, • z WI E a I-. W, J 4 ay • N • Z ' >- Z Z ZZ Z; ' Z >., , Z r hW 4 0 a C Z • 2 C z O, i- oz Q: zI US O. ; Z Z Z Z Z Z Z' Z. Z Z Z Z ¢• <, O C 6 o W W 4 C z O z • C F. O • W ¢ • Z Z >"I >- Z Z Z Z 3WW Z Z Z C C d . W z > O V. N I.. >- Z . Z IZ Z iZ Z 'Z ' Z : Z Z ' . Z y• N 0 W W C C Z = z Z W ;O iii LL• < C • I-. C z W O J p J . P c 4 020 .0 g N 4I C Z YFZ. 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IID Ch C c-" 1.0 ooQ'p,p 3 co: II - I la e 6i�o co: W d • r�eoo,� RLIE Q WI, PJILIMIll NM 1 •,1 ..9.•g s Imm C I ,per (i1;" ilqiii oeill 11 pi! , / Q o ° kh IN; :II i, �z _ o II • O i • I ' • 1 1 # O •I • i '.. t , . , 1 . , 1 4,A.4 . 1 { N4 Intl ., N •�.a ).. ;I0 1 d !; ,..1 I I I IN,ellr,, 1 SOIL EROSION ORDINANCE A. Draft Ordinance Text B. Ordinance to WSWCS and City for Review C. Ordinance Revisions and Modifications Cost: Principal 1 hrs 0 $65 $ 65.00 Senior Staff 4 hrs 10 $45 180.00 Support Staff 10 hrs 0 $30 300.00 15 hrs $ 545.00 RESTRICTIVE SOILS ORDINANCE A. Draft Ordinance Text B. Ordinance to WSWCS and City for Review C. Ordinance Revisions and Modifications Cost: Principal 1 hrs 0 $65 $ 65.00 Senior Staff 4 hrs 0 $45 180.00 Support Staff 8 hrs 0 $30 240.00 13 hrs $ 485.00 SURFACE WATER MANAGEMENT PLAN A. Review Issues and Determine Necessary Elements B. Draft Plan Text C. Ordinance to WSWCS and City for Review D. Ordinance Revisions and Modifications Cost: Principal 2 hrs @ $65 $ 130.00 Senior Staff 16 hrs 0 $45 720.00 Support Staff 24 hrs 0 $30 720.00 42 hrs $1,570. 00 SUB-TOTAL 70 hrs $2, 600.00 Secretarial 10 hrs 0 $25 250.00 TOTAL LABOR 80 hrs 2, 850.00 Expenses 15% 425.00 Contingency 10t 285.00 TOTAL $3,560.00 7 1 l 1'. LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF November 5, 1991 MARK J.VIERLING VICKI L.GIFFORD GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER Mayor Barbara O'Neal City of Oak Park Heights 14168 57th Street North Stillwater, MN 55082 Re: Proposed Model Ordinances Regarding Soil Erosion, Restrictive Soils, Wetlands Protection and Forest Protection Dear Mayor O'Neal: I have had a chance to review the above-referenced ordinances that were forwarded to you as models and suggestions by the Minnesota Soil and Water Conservation District on behalf of the Middle St. Croix Watershed Management Organization. As part of our process in reviewing same, it appears to me that many of the concerns set forth within the Soil Erosion and Restrictive Soils as well as Wetland Protection ordinances as suggested, are already being performed by the City Engineers as' they review every application for land development within the City of Oak Park Heights. There is also a fair amount of regulation within these ordinances directed at agricultural lands, of which there is very little within the City of Oak Park Heights to contend with. Also, since the City of Oak Park Heights is in part within the Valley Branch Watershed Management District, all of the concerns with regard to wetland activities and development are controlled by that organization and the city's efforts to get involved in that area would only serve to duplicate that which is being done on that , level. Although these ordinances have merit in terms of the subjects on which they are generally addressing, I find that the city is in large measure already performing these services through the offices of the City Planner and City Engineer in terms of actively managing developments in terms of soil erosion and wetlands disturbances. $ Ms. Barbara O'Neal November 5, 1991 Page Two The proposed ordinance with regard to restrictive soils is to be better addressed to the office of the Building Inspector and although I'm hesitant to incorporate the ordinance as suggested by the Watershed Management Organization, I do believe that a very slight modification of our existing ordinances as it affects building permits and the authority of the Building Inspector, may offer our Building Inspector greater latitude and discretion in dealing with developments and construction of structures in areas where we know the soils are poor or require greater concern and attention. As it affects the model ordinance on forest protection, the same directly involves a judgment decision by the City Council as far as whether or not it wishes to preclude certain types of tree and vegetative removal from properties in the process of development. The city has in the past aggressively pursued a tree reforestation plan for the City of Oak Park Heights and the city's commitment to the Tree City Program adequately demonstrates that. This ordinance, however, is directed toward limiting or precluding development which would reduce existing crown cover of trees by greater than 50% and even as to those developments where trees '• being disturbed are less than that of 50% which is on the property, the requirement to replace those trees by trees "of a size generally accepted as suitable for the purpose to that which ;, .• ,Jexisted before the development, " could be exceedingly expensive. In short, I believe the general principles of the intent of the ordinance could be implemented but I am hesitant as to the specifics as proposed within this ordinance as it would affect a particular developer. I could certainly see as it affects the proposals that will be forthcoming in the future to develop the Krueger lands that the tree replacement costs (even though the final result would still be a heavily wooded residential development in some sections) , would be very extensive and potentially cost-prohibitive to a developer. Tree loss in those areas as a result of utility installation and road construction alone will be significant, much less development of the individuar building pads and sites for placement of residential structures; - In areas where we have dense forestation, such as on the Krueger property, this ordinance in its present form could be very difficult for a developer to work with and yet recognize an economic benefit to the developer. 0 • Ms. Barbara O'Neal November 5, 1991 Page Three Most developers will, of course, avoid having to remove trees wherever possible as that is in and of itself a very expensive process. Additionally, where heavily wooded lots do exist, most developers want to maintain the trees for the aesthetic benefits and value that they provide to the land. In short, although i believe the intent of an ordinance could be drafted to secure the city's general purposes, the specifics of this particular ordinance I would not recommend to the City of Oak Park Heights. If the city would like this office to review and perhaps propose an ordinance which would deal with both active aspects of tree- planting within the city as well as aspects of r- r • ' - of trees by developers within the city, we would be happ o rev± w the matter and provide the City Council with several . .tionsiin that area. Y. ve yuly, `lip. - `_ M-rk J. Vierling MJV:bc cc: Mike Kaehler, Building Inspector Joe Anderlik, Bonestroo, Rosene Anderlik & Associates RAPID NOTE FROM DATE - TO t y SIGNED TOPS NO. 3702 LITHO U.S.A. R 1 MIDDLE ST. CROIX WATERSHED MANAGEMENT PLAN • TABLE OF CONTENTS EXECUTIVE SUMMARY i I . INTRODUCTION 1 II . WATERSHED INVENTORIES 3 A. Geology 3 B. Surficial Groundwater 4 C. Soils 5 D. Land Use and Development Staging 6 E. Metropolitan Systems 6 1 . Transportation 6 2 . Parks and Recreation 6 3 . Sewers 7 4 . Airports 7 F . Hydrologic System 7 III . EXISTING AND POTENTIAL PROBLEMS 8 A. Flooding 8 B. Erosion and Sedimentation 9 C. Surface Water Quality 10 1 . Sediment 10 2 . Nutrients 11 • 3 . Fecal Coliform 11 4 . Pesticides & Polychlorinated Byphenyls 12 D. Recreation and Fish and Wildlife Habitat 13 E. Groundwater 13 IV. GOALS, OBJECTIVES AND POLICIES 15 A. Water Quantity 16 B. Water Quality 18 C. Flooding Erosion and Sedimentation 20 D. Groundwater 22 E. Recreation, Fish and Wildlife Habitat 23 F. Local Water Management 24 V. MANAGEMENT PLAN 26 A. Water Management Classification System 26 B. Land Use Zoning and Official Controls 27 C . Compliance Z8 D. Monitoring and Data Collection 29 E. Improvement Projects and Maintenance Programs31 F. Education 31 VI . IMPLEMENTATION PROGRAM 32 A. Implementation Program for Perrro Creek 32 B. Capital Improvements Program (CIP) 33 C . Local Water Plan Content and Official Control Amendment 34 D. Assignment of Management Responsibilities 36 E. Review Process 37 • VII . AMENDMENT PROCEDURE 38 VIII .GLOSSARY 40 ATTACHMENTS ATTACHMENT I - PERRO CREEK STUDY ATTACHMENT II - WATER RESOURCES INVENTORY • MIDDLE ST. CROIX WMO WATERSHED MANAGEMENT PLAN EXECUTIVE SUMMARY The Middle St. Croix Watershed Management Organization (MSCWMO) was formed by a joint powers agreement between the cities of Afton, Bayport, Lakeland, Lakeland Shores , Oak Park Heights , St. Croix Beach, St . Mary' s Point, Stillwater, and the Towns of Baytown, Stillwater, and West Lakeland to fulfill the watershed planning and management responsibilities of Minnesota Statutes 1982 , Chapter 509, The Metropolitan Surface Water Management Act . • The Middle St. Croix watershed is located in the east central part of Washington County along the St . Croix River. It encompasses approximately 19 . 4 square miles . The purpose of this plan is to provide a local mechanism to reduce public capital expenditures necessary to control excessive volumes and rates of runoff, prevent flooding and erosion, promote groundwater recharge, and secure other benefits associated with proper management of surface water. To fulfill this purpose the Middle St . Croix Watershed Management Plan: inventories watershed resources; describes existing and potential problems ; defines goals, objectives, and Spolicies; prescribes a management plan; and establishes an implementation program. • ii The individual roles of communities in local surface water management will be to prepare and adopt local surface water plans, amend local planning and zoning authorities, and establish controls to insure implementation of this plan. WATERSHED INVENTORIES Watershed resources that were inventoried by the MSCWMO include: A. Geology B. Groundwater C. Soils D. Land Use E. Metropolitan Systems F. Hydrologic System EXISTING AND POTENTIAL PROBLEMS The MSCWMO gathered information related to the existing and potential problems in the watershed. The main problems identified by the MSCWMO are summarized below. A. Floodin¢ Flooding along the St . Croix River and along Perro Creek in the City of Bayport are main concerns that should be addressed. B. Erosion and Sedimentation A Critical Erosion Map was prepared identifying areas of the watershed where the highest potential for erosion exist . Based on that map it is evident that a large portion of the watershed can potentially produce serious resource problems from erosion and sedimentation. A major problem that is identified is the gully erosion along the tributary watersheds adjacent to the St. Croix River. iii C. Surface Water Quality Sediment is the largest pollutant by weight identified as a problem in the watershed. Sediment has a direct impact of making streams and lakes cloudy, channel and lake bottoms shallow, bottom dwelling organisms are buried, fish respiratory functions are hindered and drainage systems are filled. Nutrients were identified as the most damaging pollutants. Nutrients are essential to the life functions of aquatic organisms such as lake plants. Too many nutrients upset the balance in the aquatic system • causing undesirable lake weed growth, algae blooms, decreased oxygen levels , odors and sometimes fish kills . As rainfall and snowmelt run off the land, it carries these nutrients in what is called non-point source pollution. Non-point source pollution from urban or urbanizing areas is highly concentrated. Factors contributing to urban non-point source pollution include pollutants from automobiles , litter, and lawn chemicals. Non-point source pollution from agricultural areas is wide spread, less concentrated, but significant in accumulation. Lily and McKusick Lakes in the City of Stillwater are experiencing water quality problems associated with non-point source pollution. • These need to be addressed at the local level . The St. Croix River is the MSCWMO' s highest priority water resource whose quality must be maintained. Protection efforts realistically need to be implemented at the state or regional level . • iv D. Recreation and Fish and Wildlife Increasing water surface recreational use of the St. Croix River is the only problem that has been identified by the MSCWMO. This problem should be studied at the regional level to adequately plan for future use that takes all interests into account . E. Groundwater The main problem facing the Middle St. Croix Watershed relating to groundwater contamination problems are the Baytown Well Advisory Area and the Lakeland/Lakeland Shores Well Advisory Area. Both these contamination areas or plumes are the result of volatile organic chemical (VOC ) contamination. These problems are currently being monitored and addressed by various state and county agencies. Nitrate contamination of surficial aquifers by high density private septic systems in the cities of Lakeland, Lakeland Shores, St. Mary' s Point, and St. Croix Beach are also a problem that needs to be addressed by these communities. The MSCWMO feels that improved waste disposal systems will eventually need to be installed to adequately address the problem. GOALS, OBJECTIVES AND POLICIES In order to address the problems identified by the MSCWMO, policies and objectives for the management of the resources within the Middle St . Croix watershed were developed. • The general purpose of the MSCWMO is to establish an overall watershed inventory, thus providing the framework in which local municipalities will create local water management plans. The goals and objectives • provide the conditions that are being sought through the water management planning process . The policies will provide the framework in which local communities will prepare or update their local water management plans . The six policy areas are summarized below. A• Water Quantity Management - Perennial and intermittent streams, including their contributing watersheds , that cross boundaries of two or more communities; and all lakes, ponds and wetlands that affect two or more communities and are located on DNR' s Protected Waters and Wetlands Map or the MSCWMO Water Resources Inventory Map are classified as waters of District • Importance by the MSCWMO. Projects that affect these waters will be reviewed by the MSCWMO. - Excessive flow and flooding is the responsibility of each unit of government to correct . - All hydrologic studies shall analyze the 100-year frequency event, with the critical duration defined as that event causing either the highest water surface elevation or the largest peak discharge in an area or both. Any study must consider using consistent methods for the pre-development and post-development land-use conditions. - Newly developed ares that drain to the St. Croix River will be limited to the pre-development or existing rate of runoff or to a rate within the capacity of downstream conveyance systems. - Where natural outlets do not exist, there will be no increase in the • volume or rate of runoff from newly developed areas. - Wetlands cannot be filled without equal replacement. • vi - Storm sewers and culverts shall be designed for the 10 year frequency storm event, with overflow paths and ponds being designed for the critical duration 100-year frequency storm event. B. Water Quality - The MSCWMO will seek to correct water quality problems through the application of Best Management Practices. - The MSCWMO will encourage the use of wetlands in the watershed for beneficial purposes including the treatment of runoff to reduce water quality impacts to area lakes and streams. - Local communities will adopt an on-site sewage system ordinance at • least as stringent as the Washington County Regulation. C. Flooding, Erosion and Sedimentation - Local communities will adopt a floodplain regulation consistent with the Washington County Regulation. For new developments located adjacent to any waters as identified in the MSCWMO Water Resources Inventory, the developer is required to determine the 100-year flood elevations for those waters. - Each unit of government shall adopt a soil erosion control regulation for construction sites and agricultural land. - Local communities will adopt shoreland and or bluffland regulations at least as stringent as Washington County regulations . D. Groundwater - New developments will be reviewed for their potential impacts on • groundwater resources. • vii E. Recreation and Fish and Wildlife - Wetlands will be afforded maximum protection. - The MSCWMO will seek to improve fish and wildlife areas, recreation and open space facilities by applying a multi-use approach to managing water resources , and by working cooperatively with the Minnesota Department of Natural Resources. F. Local Water Management - Local units of government will be responsible for administering the appropriate regulations as outlined in the MSCWMO water management plan. • -The MSCWMO will act as a resource to local units of government , be responsible for inter-community activities , and will comment on local actions consistent with rules and MSCWMO policies . MANAGEMENT AND IMPLEMENTATION The implementation of the Watershed Plan has been assigned to the local units of government . The role of the MSCWMO and the local units of government were established with the philosophy that existing local units of government would be the primary regulator of activities of concern, but where issues affected more than one unit of government the MSCWMO maintains a coordinative and dispute resolution role. In order to establish the areas where watershed wide issues need MSCWMO involvement, the waters were divided into three categories : waters of regional importance , district importance, and local importance. This division allows a logical method of assigning the planning g p ning and management responsibilities. viii Waters of regional importance include only the St . Croix River. Waters of district importance include perennial and intermittent streams that cross boundaries of two or more communities within the MSCWMO, and all lakes, ponds , and wetlands identified on DNR' s Protected Waters Map or the MSCWMO' s Water Resources Inventory that affect two or more communities . Waters of local importance include all other water resources that are located entirely within one community. Based upon the MSCWMO objectives and policies each local unit of 5 government will be required to prepare and adopt a local surface water management plan, or adopt the MSCWMO plan as its own. The local unit of government is responsible to regulate the activities in the watershed in accordance with Objective F. , Local Water Management . The basis of the local surface water management plans will be land use regulations . The land use regulations that are required include: - Bluffland and/or Shoreland Management Regulation - Floodplain Management Regulation - Restrictive Soils Regulation - Wetland Protection Regulation - Soil Erosion Regulation - Stormwater Management Policy - On-Site Sewage System Regulation • To achieve and maintain compliance with the water management system and land use controls the local units of government will refer projects to the MSCWMO for investigation, comments, and recommendations regarding the proposed activity. The MSCWMO will • ix review the performance of the local units of government, monitor the status of the local plan, current water problems, and the need for local plan amendments. On a watershed basis , except for flooding, no serious water problems currently stand out. The additional inventories and data collection spelled out in Section V. part D. Monitoringd Data Collection, may conclude that an improvement project is needed for Perro Creek. The MSCWMO feels that the strongest need for potential improvements or maintenance programs is in the area of water quality protection. The MSCWMO' s adopted policies will directly or indirectly enhance water quality. Erosion and sediment control should be considered a top priority in each local plan. The MSCWMO plans on carrying out a public information and education program to help insure success of their water management plan. Through the joint powers agreement the MSCWMO annually prepares a budget for the operation of their activities . In turn the local units of government assess on a watershed wide basis these costs to the property owners in the watershed. • 1 I. INTRODUCTION This surface water management plan is for the area in Washington County known as the Middle St. Croix Watershed Management Organization. The Middle St. Croix Watershed Management Organization (hereinafter called the MSCWMO) was organized on March 25 , 1985 as a joint powers commission under the provisions of Minnesota Statutes 1982 , Chapter 509 . Communities that will be affected by this plan include: City of Afton, City of Bayport , Baytown Township, City of Lakeland, City of Lakeland Shores, City of Oak Park Heights, City of • St . Croix Beach, City of St . Mary' s Point , City of Stillwater, Stillwater Township and West Lakeland Township. The governing board of the MSCWMO is made up of one appointed representative from each affected community. Approximately 19 . 4 square miles of land is located in the MSCWMO. The MSCWMO is located in the east-central part of Washington County and outlets to the St . Croix River at numerous points along the river. See Figure 1 (location map) . Land use in the watershed is evenly split between agricultural uses , rural residential and high density residential/commercial land uses. Primary responsibility for the preparation of this plan was given to • the Washington Soil and Water Conservation District. Additional assistance was provided by numerous planning commissions and community staff. Oversight in the planning process was provided by the MSCWMO I g. s CHISAGO ...6 :: • Nwr97 4 o .s 1...._______J SCALE IN MILES I v s N W • _ r ANOKA 1 I . o it i� WASHINGTON INWYSS HWr SS IN riI RAMSEY ' IF 1194 H W Y3• I EN PIN ` I I NWY5 • o u ••• i .* I J1 1-54 .. , lirr="1:\ 161 . .. M , • • J HWY 55 DAKOTA s s b: "' v • LOCATION MAP •♦ MIDDLE ST. CROIX •w/ WATERSHED MANAGEMENT ORGANIZATION 410 FIGURE 1 • 2 governing body. Agencies contacted for either information and/or assistance in the plan development process include: Metropolitan Council MN Department of Natural Resources MN Geological Survey MN Pollution Control Agency USDA Agricultural and Stabilization and Conservation Service USDA Soil Conservation Service The purpose of this plan is to provide a local mechanism to (a) reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff, (b) maintain or improve water quality, (c ) prevent flooding and erosion from surface flows , (d) promote groundwater recharge, and (e ) secure the other benefits associated with the proper management of surface water. In order to achieve the goals set out in the purpose for the planning , the surface water management plan shall : (a) describe existing and proposed physical environment and land uses ; (b) define drainage areas , wetland, paths of stormwater runoff and other significant water resources ; (c ) define water quality and water quantity performance standards; (d) identify regulated areas; (e ) establish an implementation program, including official controls • and, if appropriate, a capital improvement program. The individual roles of communities in local surface water management will be to amend their local planning and zoning authorities and establish controls to insure implementation of this plan. • 3 II. WATERSHED INVENTORIES A. Geology The geology of the watershed is characterized by layers of glacial outwash and till ranging from 0 to 150 feet thick overlying bedrock. The St . Peter sandstone is the uppermost bedrock formation in the watershed. The landscape of the watershed is primarily glacial drift and outwash, which are materials that were deposited by various actions of glaciers which once covered the area. The surface materials were deposited by the St . Croix phase of the Superior Ice Lobe , a glacier which advanced from the Lake Superior Basin and receded about 20, 000 years ago. It is often described as red sandy drift . A generalized map of the surface soils ( land surface geology) is shown in Figure 2 . Surficial geology was mapped on the basis of the Washington County Soil Survey. Older glacial deposits have been covered by these most recent materials. The older geologic deposits (bedrock formations ) are best seen in the geologic cross section shown in Figures 3A, 3B, and 3C. In general , the central and northern part of the watershed is an area in which most of the materials at the surface are those known as glacial till and ice contact stratified drift . Glacial till is unsorted material deposited by the glacier itself which has not been subsequently affected by flowing water. Ice contact stratified drift is material left at the edges and bottom of a . ........ ... ..... • • S . MIDDLE ST. CROIX WMO A• •�. I i „„,,,,,,,„,,,,, ,p GENERAL SOIL MAP . FrAc :Aid ...• I, (7 . ••••. .... . ........ i •••• / 1 ' / 1 ) • 1 ------- a r / / _‘_‘. 1.‘. ►. • t-- ( 2 L7..) . „ -, ( -,..,_-- • li ..... \ . 1 .. .,\ ._. ....-- ..... A , 2 MEDIUM TO COARSE TEXTURED SOILS --.- 7 ON GLACIAL OUTWASH PLAINS AND Y �'• _ STREAM TERRACES 10 \ 3 MODERATELY COARSE TO COARSE / 2 2 ;� '` TEXTURED SOILS ON RIVER TERRACES / j AND OUTWASH PLAINS f ___1„„ •___-__— _ 7 MEDIUM TO MODERATELY COARSE 7 TEXTURED SOILS FORMED DOMINANTLY IN GLACIAL TILL ON UPLANDS 7 r \ 10 MEDIUM TEXTURED SOILS FORMED ...... 2 DOMINANTLY IN A SILTY MANTLE AND ---- -------\% THE UNDERLYING SANDY OUTWASH AND \ - IN SILTY LACUSTRINE SEDIMENTS \ 111 ) . . /• —...1j/ ` -- -----t ,,,Ai(I► tGI.CMS 1/ • .F it 2 mz m -, 2 . .......... r W G O m r N N - 2 a MIDDLE ST. CROIX WMO ri 1 EDROCK TOPOGRAPHY 1 I 1 // P.84 5 LIM �� � ELEVATION OF UPPER : t 3 ;j,% OF FORMATIONS IN FEET ;r/r4�' �h�) 72 ABOVE MEAN SEA LEVE — kL-i:ACIT-P----- -`,<',I rbriii4k_c_k1 ilr -'-f-- _-_ -zw-*--?.4 % CONTOUR INTERVAL AsorI ),,,,i opirt,..-_,,, 0 „. iti# 0,-- )A , • o r\\\J:JI)_. iA(,/,/',.„t,'„' / ,,. 1. \. ))I: if: r.,,.x, 1 "A , \ \, )1 1 2 3 MILES / A \' V 1iiii:s.,_ ,,,Neit'I 0 ! 1 -3 4.a _ )1 , -- \,.,„.__ _,,..., ,i, f ,,,i,,),) _.„__.,p -,,,,,,__ Fii, (4.ri 7.. FIRST BEDROCK j P .e\ 17__ ' •:, i P.arl i n 0 - DECORAH SHALE, PLATTEVILLE AND 713°,___ , `i� 1 GLENWOOD FORMATIONS P.:„ � ,�F - ST. LAWRENCE AND FRANCONIA FORMATIONS / I J - JORDAN SANDSTONE . P - PRAIRIE DU CHEIN G.P. JOAO S - ST. PETER SANDSTONE FIGURE 3A IY.--- -) a • • 0 , , ELEVATION, FEET (MSL) at Of V OD m O 0 0 0 0 O O • O O 0 z I• • • • • I:. . • • • ' • . . � : 1106000 I1 I I • •• •I: .. ■ l iii •• .: Hill rn I I III jill • 'v.. _ a I I •• 'c-'' 1iiI-1 \\ •. . ►•, MYRTLE STREET I f.....:..:: N • • • . •• . . • . . m • •• • . • •' • .• • 208786 m I I m 1):::;...•:. • . D • • _ • o O • _ ▪ • Z•. , • . ►•• 21 /.:***,,•...•1. ' 0 ••..;,•„•.',. I II ---• ii • . • 4 •. • o Oz i I I 1........1::;; ;,..•••••::',.....1 • m ' .;,;.. 208787 .1• 1;.:1.:..ft..:.16.,..41.• .. U:71:4:Zv 72.1611.1 to Vs::•:".*......•1 •.: •...../ i p . • . . • . 1 Iv.:.........7.7.:„..... .........., , \ ) \ 1 i. 0 y . G-t ▪ - • Q '� •. • ' - 208788 1 i i 1 \ ii::: :...:-...-:,:-. :; ..•. ., . , .. . ... . E—, S • I: ....• ..): u .rte , 11 I II: i; v fr:..:.1. '.4$ • rn ,J) 1::::.:....."..::t.......1.:.:::::::l;is: I . jil to 0 . • • . I ( ( IL e....•:i.s :•;....:.......::.. II .�I • :). . 1 • I , I : ,.• : . N•.. /9.146 , • I i4. s • ��. _ 1filb;' r mI' ,•; Z ;•''• I )ji( III,I, _ .� „ O 1 I NM I � . "1' 0 W "IVIS Z C• •• � „ "I 208791 • • • �,'; ,.l HWY 95 .ilMI �!.. i :7• ,. .. •,/ .,\ •' :.;. ;•tet ' 0 ..:,‘,, ..: 30 V CA • n • •'.,V /•1•* .:, •i •m • ,v :O0 • '•• , <Z•',/ I 41'YS' % • oft imi C UM at, 4 ' • m ., I I' •';_•� a 208700. Z . ...4 .. ,1• • Z r •' Net..'. .•.•••• :"*.•:.• t tr • . is 6► •,•" • ,; • ' y ,� `1 \- , z. CO • i • .. •' • : r �: � :. I i• rn / - • • . • ELEVATION, FEET (MSL) Z so O m v O O 0 • O O O 0 O O • • .44_. O - I • 208026:.....‘,..:••,.......;••••••••%,:... .... •2 : • 4 glacier by melt water as it leaves the glacier. These soils have a relatively low permeability which may retard recharge through them to bedrock aquifers. The southern portion of the watershed is mapped as outwash or alluvium that was deposited by large streams that carried meltwater away from the retreating glacier. The waters of the watershed appear to be confined to the layer of soils above the bedrock. The lakes and wetlands of the MSCWMO are largely the result of different types of kettle basin • formations at the end of the glaciation. Kettle basins occur when glaciers leave large blocks of buried ice beneath the soils which they deposit . When these ice deposits melt , a depression is left . B. Surficial Groundwater Maps of the surficial groundwater (Figures 4 and 5 ) indicate the groundwater in the surficial material discharges to the St. Croix River, as do the bedrock aquifers . Additions are made to the water table mainly by infiltration from rainfall or snowmelt. Withdrawals from the water table occur by evaporation from the land surface and transpiration of water into the air by plants. Discharge to surface water bodies , infiltration into deeper aquifers , and groundwater pumping from wells also remove water • from the surficial aquifer. The surficial groundwater table has experienced both seasonal and long-term fluctuations in the MSCWMO. The long-term climatic WATER TABLE ELEVATION 1 2 _A - II . Ofg ��w�i 401 CONTOUR LINES ARE FEET �1f ABOVE MEAN SEA LEVEL w4V L 7 : . > ;;; ,,, ,5 '+ • DENOTES WATERSHED ilift , %` OS>:; kV.1,..1004. ri� - ''0 AiiiiK:..:• \‘2.'s,'\*.:;41 ci J: :.f!.:!ill ..,..'`,„,...,^^.• it;;;;;,,,,iNi*,...,:t.,,::: ,) .,,,Az.„. ,,, „,..„l w__ ,. _ -.x/N/�1/V/1' yY{Fg .. :.:::;:;.:!:!,,%,. :::........,..........,... , ::: : i .;;-..p:.:12::isil,,:i::::%.,. ,ir..... il • ivra".. �a ° S ,::"•. '1!Q:>...': ... MILES iil _ .. _...\ \ v... Aar w. i i t.]PO ../' tr WA Yr ` • ••< ,wL.. a www illir 411-I.:. . =t shO ..0o •.;!i..:.::::, _>: t.'" `' > s<`:f> : rwww Ii/ lki,‘ e a.:; iww rr . o ini AVit FIGURE 4 - DEPTH TO WATER TABLE • • . ...,;a0,' . �' r • 'Mill 0.. • •�• •w.n '4 R9191h ':}i:1 '::g:9A7 ti\ :::..,...or..MA-_'`:'':Sk,"L't.Ii 4391••••• %719194 R a••RRA.":;:; as r► 0 5 :!..!st :111 f7/.f✓` vs..":. aaM i. ........... ..{ ( 1 II Al a�r� 4:111 • � MILES 1I :Aw�M ) ::*iii%:::!:fi�lt>:.@ rte 1Niii p(( :•^':.i:::; .'ate Nii:Ii!iftiiMit:MMii:Z, MEMO. j ;.Mi*i,7:.;";..;';*,4,.::c <>:::,awR9aa&oz.Ava1./1■./w Igail.Ilk. MISER 00k 01~101, •■... I ,+ 'xv>:'«>`014•'`•'` i..#>1 { ~99 kRm SAMgMs R LEGEND u.�w. ww MOM : <10 _ 3 FEET ■■. ::::'iN:i:*::: ,::is '•::W.r► MOM. -. IMOD {: :::f?;` iN ----' AMMON:••1 :+ W II )10<50 25 t5 FEET d.rb. :: • I � AAAA. ::,w .: >50 # 5 FEET .wM ' DENOTES AI - �'"^"'':I!: :.;l. lr.:,e WATERSHED 14 . OMMMOMOWMPIL IIII L ... .■\ !MEMO. w. AMMO, \■■. ■■O■r -; : w� •1111M• vilMli A!BMW' ■.O• .M► ■rte 1■■ rwwwa iii u_ vwr1.► '; 0040111 •■II■.r ,Elk. 1111,11 A/�/w• I■MB' ■Silk 4%01~41011l IMOIMPOPM MUM 11.11104011/ \ 1,11010 MOW OIMOMIO FIGURE 5 5 cycles involving several wet years or dry years in succession has probably contributed the most to the fluctuating levels that have been experienced. C. Boils The MSCWMO has identified that certain areas within the watershed are characterized by soil types, slopes and water levels which, without proper corrective actions, are unsuitable for development of any type and agricultural production which involves intensive tilling of the land. Inappropriate farming practices in these areas increases soil erosion and sedimentation, the introduction • of toxic materials into groundwater, encourages pollution, destroys ecological and natural resources, and requires expenditures of public funds to correct deficiencies. Figure 6 is an inventory of areas highly susceptible to erosion from land- disturbing activities . Figure 7 is an inventory of soil suitability for urban development. Soils in the watershed were also grouped and classified as to their importance for agricultural crop production. The two classifications used are Prime Farmland and Additional Farmland of Statewide Importance. Prime Farmland is made up of soils that can be intensively farmed with little or no threat of degradation. Farmland of Statewide Importance is made up of soils that have slight to moderate limitations for crop production, but when carefully managed can • produce at the same level of soils classified as Prime Farmland. Figure 8 shows the location and classification of farmlands in the watershed. • • 951 CRITICAL EROSION MAP 13 rri. ‘41111.,. ipso, (ALL SOILS WITH LAND CAPABILITY 4011‘ SIJI3CLASS IIIE AND WORSE) i \. SCALE \\Ie � 1 INCH • 1/2 MILE O 1/4\ 1/2 3/4 1 2 MILES as .4 IA =II • SIR 1113‘940 „,,11 1.41 421:)""\ / 94'♦ �. LEGENDSOILS SUSCEPTABLE TO CRITICAL EROSION IF DISTURBED I A �. 1 OTHER SOILS .6►.. !INCLUDES94 WET AREAS) 0 198 l 11 I J 1 , I IN PREPARED $Yt WA$NINOTON !Oil ANO WATER CONSERVATION DISTRICT 1 NOVEMBER ills. ' 1 1 1 ,1 m � l a i CO 95 o � • • . , , 1.1 �" MIDDLE STCROIX WMO SOIL/TERRAIN OUITIOILITV • I WON UNOAN DEVELOPMENT) MAP IN won. . .4111) lr .N` t; ; 0 Of.RRRRR WO •sows 44. • .. . , -7. Sp I. Ilikli • I It' . I. ..... f •N. • NN •u•qU I. f •••. all • 1----- 2. . . 1 lib 4 : • .. . , ,::: : 111411 1 lc.' 1 7 1 1 '(_ .. 1, 11110 -, t 111ti litiL . : k -.:' :, - .. \lk" \\1:1h: \i• . p/ripri,, •N. iiilik, • qiir • .ll __,.„.„..„! . firt . 111.N 0 _........._ ...�..... .........••Ill OOOOOO Xi _ i m . I a et z c i 3 N m C 41.10 NI 11, 1 XI' in r I - 1 1 • • • , 95 PRIME FARMLAND 106W MAP • (LAND CAPABILITY SUBCLASSES I AND II) % SCALE \ 1 INCH • 1/2 MILE 1/4 1/2 3/4 1 MILES 33 MIPIIII41111/ 111111% .....AIWA/OW • la Uhl S4 t kb%till ‘ 4,4 ilr f„,,,, ‘ • t f \pierillikb t ir 4 r 1 bi, 4 1 • LEGEND A i ilk r III PRIME SOILS FOR <111 _ I FARMING LiOTHER SOIL (INCLUDES STEEP AND WET 98� SOILS) 1 U ` all V Pitt:4, ` os Of 1 94 -00 1 PREPARED Ells M 1 WABNINOTON SOIL A WATER t CONSERVATION DISTRICT 1 NOVEMBER /RRS 1 _ 1 1 1 w 3 m m m a E c �� r / a mf Z CO / . v ,/ 3 a 'o • 6 D. Land Use_nnd Development Stagier The MSCWMO lies along the eastern fringe of the metropolitan area and includes a portion of the City of Stillwater which is classified as a free-standing growth center. The current land use ( illustrated in Figure 9 ) is predominantly a mix of agriculture, rural residential and high density residential and commercial land. The vast majority of the residential and commercial areas are located adjacent to the St. Croix River. Each community has prepared a future land-use plan as part of the Metropolitan Land Use Planning Law. Those plans were assembled • into the map in Figure 10 . The composite land-use plan indicates that residential development will continue in the central portion of the watershed . In the remaining areas the planned land use will stay essentially as it is now. E. Metropolitan Systems 1 . Transportation Continued improvement of county and township roads in the watershed will most likely increase development pressure by creating improved access to the major arterial transportation system of State Highway 36 and Interstate 94 . 2 . Parks and Recreation No regional or county parks or recreation facilities are located within the boundaries of the MSCWMO. The State of • Minnesota owns and operates approximately 1 ,000 acres which is classified as a Wildlife Management Area with portions open to public hunting. • 0 , , .. . , lupi°°" MIDDLE ST. CROIX WMO 11 4 +.,pit,,p:. i III �� ►l...nl Land W.-C...Map �+ '� iI I 1111111 IIT ill, 'iI• ;t 1 (?-rf t..`-,`•..... ,''I''�' ,.,i.. II1.i ` (IJlliIIII�I S.I1111 I -I!II11H I q eFl... V1+1111^4l .\1111 iiii41' 1111111111711'1 �t ;s;; r-1-1Vil1 1111l1� 111'''�i11'ill ' 1 ' i, 4i 1�q ,,I�ril ...........!1„,i11 IIl ji,,,Ilf I I,'I j ,,,,•�' °II HII ,II,IIi ,1f11111I{a, itiI I 11tl�llp l i1 ' IIT �111j 1 „till, II �' ', +r°�l l i'III I�II ill�1'1lI1i11i1, 1111ii!11! 1�. :1. 1;1 . ��illli�11, ill, 111 llll �,y� yy d ti ' �I I + 111111 I. 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I I I i l* a .... II II f. X111111' II HI''11 '11 IIII ....N.. '0" . ' : " ## Ill'h I I I i IVIIIIl111, � 1 1 Ililij I Y• . gyp'_---f1'.----'----- Ih11 � �11111 I�I�i1 �II,I P.y' �,, .l �I 1,'411,1 III'41!i!i i'[',,',,I.!,:,!IIli i t M • ' II,,IIIIi,11 Iy , I1 ' 1 . .111.111 t NI,11 III LI i -. ')!�,. , , a I i aiti Ill 111e1iIIIj,I III -1,1,,L•7:11'4 l 1 1 1 i1 VIII 11 -1' : ► • ' 4j ,�' 11] !,' �— .,. 4 111 1 1 I1C II1 11 R I Ii 11,11,111111C11(1..1 I� I I I d I I 1,''''''.1 1°' nti'I:'.11,:11 !'' 11 i 1 Illy : , I , \• iIa 3 v rIAl?,./1:1 1 l O f.- = iIIIti I It4;' c 11 � M 23I •. .N5•NHN 'MINOS• k 1i l r _1. I, X• 11 II Z m rjl,1 ,IIS „ II i1 �' 1il �lrl ' I C 40 ; I N M Vir til k O., • . , ' ' x'11'",.% FUTURE LAND USE MAP 1~10111•1110110r L ,11/14 Ir.._A, % ouu■i:a/wmN/1/ innu Is ;: 'PION; i■■■■■i.b ••• 1rVwb 1.4 tiliallir.Miftek ■■nr . ■■: n I ■ a 11 11101101111111111111 tg ■' .Yq....40,01..,_„_,. _:::::_:::: 5a I I111111111111111111111111111 liei■rMIITAy{•r. .� 'genii"1111101111111s ..-k.,, ■.�r ,4101 irllftWi ii■.■■■■■■.■ ti;de..L4�/wb ■moi■==_■..a►. ' ■ ti.Sd.WVI/\ • / L... — aria. I n.r..m.an .su■uiu■ {4�rw�rw�, / u■.aur■■ A-"C ■u.. •n ti•.\M�rrlwl►. Q f 2 3 4 yam J,f/� unl ■a■ V•ink r 1 ■ ■ r rr■■1 n■ •r: •I•. rn- n■■■ •.'. {f{.�■n■ ■■ 41 �{:Ij ,•e/e.r�.SF'•:�,• ■■ ;� 31:0010110"=,. MILES • '/ ).:,::::1407,7$51..i,am• r'•4F r'7 ti�,?{an 1■N ■■ MIAMI N.M.� .... =.... ,••..,,v,•.•..,. ■■ ■■■■■era PAM �.M..� • h•1•.,o Am•••r.{.vHr.1.�1.1,1, (, Y. .ei■ •�i MI. r.�.•{ti,.,.,., . ]eine r mmmemme uun u■ ■u . ■n ■eiu ou ■, Nein- _ _�/r► oeieiueir:■u■ti I' .r -�• ■■ �j a \` iiiiiiiiiiiii MI errsew 1 'f �,, ,(•< .N..0;14 • ,:�.rY,:i\M:: • ..I ��•{ :;1 11, ' . l •'J `^`:::� LEGEND 111/11 : _ 1111... i�.i ;114"01.it Ir1eieiI1/wwlr�/la �■ ii=n..■n■ ■■a u �r■ M.■'�1100 w� IN 'MOM— a lammmmm ■u■5t, 01181.;',....,S, ►/rU/wr/d1__ . Ye. meolOWW oseme ' 1rei■.■■..eir••mumes __,`Y`IJr�1 ■■Mei4 111.111" .1 Mei■ Is. y� .i.■■■.■ -_-_ 1 pc r ,r �:�� .,• :�1chAil _ RESIDENTIAL — ALL TYPES v:Z -— 1'� ) ye■u i 11/w1/1/1__ sorra -- ` I•..d■Mu■ur OMNI��Minn 11111 I l • ii ::ce .....m!i!!!i!!!i! —1---_----21. ;.,''.'j �s EEE =: ■■■ ■■ ———— _ h r eir1 AGRICULTURAL Inein■■wswe ::■mm=a:::■::■■o■___ :::]. I iiiiiiiiiiiiiiiiiiiiii —_--1:: 11*4 f• • ,� • it I __ ■L■1 ,- £ PUBLIC LANDS U■f1■1 ■■ i■1wWw1/r milmAgnmotAmAItAm J /43, *;711:11,0, ,, il■■ ./.4•!r If ;;;;_' _lir. tire 11,.. ,,,,Arty =--}}-a- fir INDUSTRIAL ::: iiiiiira -1.... A/1i11 :1104.•4116.0�. COMMERCIAL I -uuu un, .1111......11. eieieil111.LIHHU 111.11111 u■ agTim ----:: :.U! ', MINED LAND (GRAVEL) L... <S ' -- _ L...,•••• - f ........J_........ __ -......■.:Ms..■■I -- ��� _ =%OL-4=J��w OPEN (INCLUDES CEMETARY LAND) - ■■C - ■■►Jamar■rimmrm am .. •r�Y■nn0f•�■Qei. ■■■■ _- - I n■I■a •mmit seam m• 41,.k .. _--•;,,::r::.• nuuuunn■uvI ....,}, ,. a• C:::•,•,..._, -- ,}■Mal■■n`. +w_ V. uur1/wWa/1/1I .■■eirrruu '1�., r PREPARE - D BY: -- W . ■■■■ s• ■■r IIIIIIIII:It: 1:f •ear■na.n■■■■1: - V1111111•1/ .■1111.■■r. WASHINGTON SOIL & WATERI::III=:C nan u.• CONSERVATION DISTRICT M■■.■eiei► 11.11.•.■■■ ■M■ un� 1986 :::an::::: ■r■■11 minim:r•••1■:: MIMS HIM MB Meir/Mn■ 11 Meir l ani C ::i:: re C 2M M■: ■ eiMI x::::::::' DATA TAKEN FROM EACH COMMUNITIES' mli me■■ ■a■� COMPREHENSIVE PLAN/FUTURE LAND USE y 0 / iwtowamot .... ::::' __G:r_____ r' ■■■■' ^I'_' FIGURES (WHEN/WHERE AVAILABLE) C / rnrldlrwr+ eir 22 1•111111, ' `r. U) r NOV i in I 110410110101110101A100WWW.rw1 w • 7 3. Sewers The comprehensive plans of the communities indicate no extension of the metropolitan urban service area into the watershed. Municipal sewer of the cities of Stillwater and Oak Park Heights will continue to expand to the west and north with continued growth of the cities. The remainder of the watershed will continue use of individual waste disposal systems. 4. Elirports Lake Elmo Airport is the nearest facility to the MSCWMO and • is located approximately one mile west of the watersheds west boundary. It is not expected to have an impact on the plans of the MSCWMO. F. Hydrologic System The Water Resources Inventory (Figure 11 , large map in binder pocket ) is a comprehensive inventory of the watersheds hydrologic system identifying subwatersheds , watercourses , lakes , ponds and wetlands. The general drainage system of the watershed can be broken into two different types. The first type is located in the western area of the MSCWMO and is characterized by numerous small ponds and lakes, many of which are landlocked. The drainage density in • this area of the watershed is low, indicating the permeable nature of the soils and the relatively flat relief of the terrain. The second type of drainage system in the MSCWMO is located in the northern, eastern and southern portions of the • 8 watershed. This area is characterized by well-defined drainage systems and few lakes, ponds and wetlands. The drainage density of this portion of the watershed is medium, indicating the permeable nature of the soils and the moderate to steep relief of the terrain. As development occurs in the watershed, total yield from tributary watersheds will increase . The added yield will be transported to the watershed outlet either as increased surface runoff or as added groundwater flow. 410 III. EXISTING AND POTENTIAL PROBLEMS A. Flooding Existing flooding problems occur along the St. Croix River throughout the watershed. Existing units of government that have regulatory control or jurisdiction of the river and its' floodplain include the US Army Corps of Engineers, US National Park Service , Minnesota Department of Natural Resources, Washington County, National Flood Insurance Program and the municipalities themselves. It is the feeling of the MSCWMO that enough control and jurisdiction exists for the St. Croix River. The potential for flooding exists along the intermittent streams that occur in the watershed. The threat of flooding exists if • encroachment would be allowed to occur or if the drainage ways themselves do not have adequate capacity to handle increased runoff from possible development upstream. Flooding along Perro 9 Creek in the City of Bayport is a problem that needs to be addressed at the local level . B. Erosion and Sedimentation Erosion and subsequent sedimentation tend to be problems that occur uniformly over the entire watershed wherever construction or agricultural crop production is taking place. The Critical Erosion Map (Figure 6 ) predicts the areas in the watershed where erosion is likely to be the most severe based on soil and slope characteristics. The problem statements shown in Tables la, lb and lc were used in reaching the conclusion that erosion and • sedimentation are potentially serious resource problems in the watershed. Gully erosion along tributaries that outlet directly into the St. Croix River are a priority concern of the MSCWMO. The St. Croix River is a very important regional resource that must be afforded protection from water quality degradation associated with sedimentation. These active gully erosion problems are many times located in steeply rolling areas where crop production and construction do not normally take place , so existing erosion control programs and the soil erosion regulations, when implemented by local communities will many times not adequately address the problem. The MSCWMO plans on looking into this • problem in the future to better qualify the extent of active gully erosion, and to devise an effective program to apply best management practices to treat them. In addition, gully erosion along the St. Croix River has been previously identified as a • 10 priority resource concern by the Washington Soil and Water Conservation District . C. Surface Water Quality Lily and McKusick Lakes are classified as waters of local importance by the MSCWMO. Both lie entirely within the City of Stillwater. The MSCWMO perceives that water quality has decreased in these lakes recently as a result of development and land-use practices in their respective watersheds. Studies have shown that such land use changes result in increased pollutant loading and a corresponding change in water quality. Major water • quality concerns pertain to impaired summer use due to increased weed growth and algal blooms , and sport fishing deterioration. As urbanization continues within these lakes drainage areas , risks to the lakes will increase unless steps are taken to understand the extent and character of non-point source pollutant inputs so that measures can be taken to preserve and improve their water quality. The constituents of non-point source pollution that are the greatest threat to water quality in the Middle St. Croix Watershed are: 1 . Sediment Sediment , the largest pollutant by weight , poses two problems . First , detached soil particles settle out in streams and lakes , with coarser particles dropping to the • bottom and finer particles traveling for long distances. As a result, streams and lakes are clouded; channel and lake bottoms become more shallow; bottom-dwelling organisms are buried; fish respiratory functions are hindered; and • - 11 drainage devices are filled. Second, sediment (especially the silts and clays ) has a tendency to hold or adsorb pollutants, particularly nutrients , metals, organics and pesticides . Movement of fine-grained particles over large distances means that adsorbed pollutants can travel to places they ordinarily would not reach. Settling of these fine-grained particles in channel or lake bottoms can lead to accumulations of pollutants that are ready to be resuspended or remobilized by biologic, physical and chemical activities . • 2 . Nutrients The nutrients nitrogen and phosphorus are essential to the life functions of aquatic organisms such as algae. Excessive amounts of both nutrients may result in noxious oxygen-deficient lakes and ponds and slow-moving streams. These nutrients are extremely difficult to remove from lakes because, as the organisms die , some nutrients are readily released. The rest settle to the bottom and are held until oxygen and pH conditions are right for their release. 3. Fecal Coliform Fecal coliforms are bacteria that inhabit the intestinal tracts of warm-blooded animals . These bacteria serve as easily-identified indicators of microbial contamination, such as bacteria, viruses, protozoa and fungi . A high number of fecal coliform generally indicates that the quality of water being tested is poorly suited for body contact. • 12 4. pesticides and Polychlorinated Biphenyls (PCBs) Pesticides and PCBs fit into a category called toxins. They can be very toxic at initial strength and can accumulate in biological organisms in the food chain. PCBs are extremely slow to degrade . Pesticides degrade at varying rates depending upon their chemical composition. Both pesticides and PCBs can be quite mobile because of the strong ability to adsorb to fine-grained sediment and organic matter. Many pesticides are water soluble and can travel long distances in solution or adsorbed to fine particles. • Sources of nonpoint pollution in the watershed are primarily a result of urban and agricultural activities. Nonpoint pollution from urban or urbanizing activities is highly concentrated and often toxic , resulting from such diverse activities as driving an automobile to fertilizing a lawn. Street and parking lot surfaces are perhaps the largest and most significant diffuse source in an urban environment since most of these surfaces drain directly into storm sewers. Pollution loads occur from automobile usage, deicing and anti-skid applications, vegetation and litter, chemical spills, road pavement decomposition and construction activities . The pollutants that usually result in the highest concentrations from these sources are heavy metals , oils , grease and associated petrochemicals, chemical oxygen-demanding (COD) substances, silt and sand, and nutrients. • Nonpoint pollution from agricultural areas can generally be characterized as widespread or relatively dilute , but significant in " its accumulation. Factors contributing to agricultural nonpoint 13 pollution are soil erosion, animal feedlots, chemical fertilizers and pesticides , and gully and stream channel erosion. A 1980 study by the Metropolitan Council also presented specific water quality problems for all subwatersheds in the metropolitan area. The figures were derived from an imperical water quality model. The model predicted pollutant discharges for Total Suspended Solids (TSS) , Chemical Oxygen Demand (COD) , Total Phosphorus (TP) , Total Nitrogen (TN) and lead (Pb) . The study showed that the Middle St. Croix Watershed exceeded water quality guidelines for TSS and TN. The potential for surface water quality problems exists in all lakes and ponds of the watershed if erosion from agricultural and urban activities is not controlled. D. Recreation and Fish and Wildlife Habitat The St . Croix River is a highly valuable recreational resource to the State of Minnesota. The major problem which needs to be addressed is the increasing amount of recreational watercraft use that the river is experiencing. The MSCWMO has classified the St. Croix River as a water of regional importance which in this situation means that this problem warrants investigation at the state or regional level . No other significant or potential problems exist in the watershed based on the current and planned land uses that are expected to occur. E. Groundwater The growing demand for the development of groundwater for irrigation, industrial , commercial and drinking water supplies, • 14 along with the increased detection of groundwater contamination, focuses attention on this resource in the County and in the Middle St . Croix watershed. Planning , management and protection of any groundwater supply must be supported by the basic understanding of the occurrence , movement and composition of the groundwater resource. Specific problems within the watershed include groundwater contamination due to nitrates and volatile organic compounds (VOC' s ) . Lakeland and Lakeland Shore' s water supply problems • were first discussed in a Minnesota Department of Health (MDH) letter dated January 18 , 1960 , which recommended that the village of Lakeland install a municipal water system because of the presence of high levels of nitrates from private septic systems. In addition Washington County Public Health has identified wells with elevated nitrate levels in the cities of St. Mary' s Point and St . Croix Beach. All these cities are characterized by small lots, private septic systems , many private shallow sand point wells, and coarse textured sandy outwash soils . All these elements , when coupled together, are conducive to groundwater contamination problems . Two Water Well Advisory Areas have been identified by the MDH 411 that are located in the MSCWMO area. One is the north-central portion of the watershed, and affects portions of the cities of Oak Park Heights and Bayport, and the Towns of Baytown and West Lakeland. The other is located in the south end of the • 15 watershed and affects portions of the cities of Afton, Lakeland, and Lakeland Shores, and the Town of West Lakeland. Groundwater contamination in these areas by VOC' s in groundwater is usually from the storage, disposal , spillage, use or leakage of solvents or petroleum products. The sources of the contaminants are not known for sure . As a result of these contamination problems, affected communities are exploring alternative water supply and treatment systems, and central sewer, all of which will be very costly. These • contamination problems need to be addressed to protect the groundwater resources. Groundwater contamination problems are compounded by the fact that groundwater systems do not necessarily coincide with surface water divides or boundaries . This means that the MSCWMO cannot successfully plan for or control activities outside its' boundaries which ultimately could have a detrimental impact on the groundwater resource it is dependent upon. Protection efforts , to be most effective , should be coordinated at the county or regional level . IV. GOALS, OBJECTIVES AND POLICIES Watershed management plans should provide a means for communities to S develop and implement programs and regulations to insure that future development and land-disturbing activities will occur within an overall scheme for the watershed. • 16 The general purpose of the MSCWMO is to establish an overall watershed inventory, providing the framework in which local municipalities will create local water management plans . The goals and objectives in this section provide the conditions that are being sought through the water management planning process. The policies, though broad in scope, will provide the framework in which local communities will prepare or update their local water management plans . In its review of local plans, the MSCWMO will check for conformance of the policies found in this section. A. Water Quantity • Goal: Reduce the public capital expenditures to control runoff. Objective 1 : Provide for adequate stormwater runoff management. Objective 2: Control the alteration of wetlands. Policy 1A: For all waters of local importance , each unit of government shall be responsible for the correction of flooding, excessive flows and volumes with its own funds . This policy may require several units of governments working together when a water resource or contributing watershed occurs in more than one community. Policy 1B: All hydrologic studies shall analyze the 100-year • frequency event, with the critical duration defined as that event causing either the highest water surface elevation or the largest peak discharge in an area or both. Consistent methodology must be utilized in those areas where water drains from one community • 17 into another. Any study must consider using consistent methodology for the predevelopment and post development land-use conditions , and shall have looked at, at least on duration event less than the 10-year return period storm. Preferred methodologies include the Soil Conservation Service TR-20 model for hydrograph analysis , and the US Corp of Engineers HEC-2 model for modeling flood profiles. Policy 1C: The peak rate of runoff for any area that drains to the St. Croix River shall be limited to either the pre- development rate of runoff or to a rate within the capacity of the downstream conveyance system. When hydrologic studies identify increased capacities of downstream conveyance systems, the increased capacity must be proportional by geographical area over the entire contributing watershed. This increased rate of runoff must not cause downstream flooding or erosion damage to private or public property. Developers must secure any flowage easements that would be required as a result of this increased runoff. Individual projects may only increase runoff by an amount equal to their proportion of the watershed. For communities choosing not to prepare detailed hydrologic studies, they must adhere to the existing rate portion of this policy. • Policy 1D: In sub-areas of a landlocked watershed, development shall not increase the predevelopment volume or rate of discharge from the sub-area for the 10-year return period event. • 18 Policy 1E: Stormwater management improvements on stormsewers and culverts shall be designed for the 10-year frequency storm event, with overflow paths , and ponds being designed for the critical duration 100-year frequency storm event. Consideration should be given to flooding and potential damage above and around stormsewer and culvert inlets . Policy 1F: No fill , drainage , construction or discharge shall be allowed in a wetland identified in the Water Resources • Inventory of the MSCWMO, without adequate compensation through construction of retention, storage or treatment systems as determined by approved engineering practices on a per-site basis. This policy will be mandatory wherever physically possible with variances for cause being available . Policy 1G: Each community shall recognize the need for maintenance of stormwater conveyance systems, and that the community must address how maintenance will be performed at the local level . B. Water Quality Goal: Protect or improve water quality in the Middle St. 4111 Croix Watershed. Objective 1 : Maintain water quality through the treatment or control of surface water. • 19 Objective 2 : Utilize wetlands for the treatment of stormwater runoff. Objective 3: Promote the local adoption of individual sewage treatment system regulations. Objective 4: Maintain or improve the quality of runoff waters from agricultural lands. Policy 2A: During construction, all new developments and redevelopments that utilize stormsewers shall use sediment basins or other proven techniques to remove coarse grained sediments • from the stormwater runoff. Policy 2B: The communities of the MSCWMO will preserve wetlands within the watershed for beneficial purposes , including the treatment of runoff to reduce water quality impacts to the areas ponds, lakes and streams. Policy 2C: All new storm sewers , and storm sewers installed as part of a re-development , shall be routed to detention, storage , treatment systems or wetlands before discharging to ponds , lakes and streams. If wetlands are utilized, stormwater shall be pre-treated for settlement of solids whenever practical to protect the natural assimilative capacity of the wetland in • addition to helping maintain the wetlands natural and aesthetic values. • 20 Policy 2D: The MSCWMO shall protect the existing wetlands contained in the Water Resources Inventory and shall require compensation consistent with Policy 1F. Policy 2E: The local units of government shall adopt an on- site septic system ordinance at least as stringent as the Washington County Ordinance. Policy 2F: The MSCWMO shall seek to identify and correct all sources of water pollution through the application of best • management practices (BMP' s ) to be implemented through the jurisdiction of the MSCWMO or local community, whichever is applicable. C. Flooding, Erosion and Sedimentation Goal: Prevent flooding and erosion from surface runoff in the Middle St. Croix Water Management Organization. Objective 1 : Require the local adoption of floodplain regulation. Objective 2: Establish 100-year flood levels on the areas ponds, lakes and streams. Objective 3: Control erosion and sedimentation on construction sites. IObjective 4: Control erosion and sedimentation on agricultural lands. Objective 5 : Control erosion and sedimentation along streambanks, lakeshores and roadsides. • 21 Policy 3A: For those communities that do not have locally- adopted floodplain management regulations, they shall adopt a floodplain regulation consistent with the Washington County Floodplain Regulations. Policy 3B: For any new development located adjacent to lakes, ponds or wetlands identified in the Water Resources Inventory with no natural outlet , the developer shall determine the 100- year flood elevation for those lake, ponds or wetlands. It shall be the local communities responsibility for checking and approving the methods and calculations that were used to determine the 100-year elevation. Policy 3C: For any new development located adjacent to a watercourse as identified on the Middle St . Croix Water Resources Inventory, the developer shall determine the 100-year flood elevation on the watercourse . It shall be the local communities responsibility for checking and approving the methods and calculations that were used to determine the 100-year flood elevation. Policy 3D: Each local unit of government shall adopt a soil • loss limits regulation for construction sites and agricultural land consistent with Minnesota Statutes , 1986 , Chapter 40. 19- 40 . 28, Excessive Soil Loss. Each community must also adopt the uniform erosion and sediment control planning and practice 22 standards as contained in the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" of the Board of Water and Soil Resources , and the Field Office Technical Guide of the USDA Soil Conservation Service. Policy 3E: For those communities that do not have locally adopted shoreland and/or bluffland regulations, they shall adopt a shoreland and/or bluffland regulation consistent with the Washington County Shoreland and Bluffland Regulations where applicable. • D. Groundwater Goal: Promote groundwater recharge and protection in the Middle St. Croix Water Management Organization. Objective 1 : Inventory the groundwater system. Objective 2: Identify and protect areas of significant groundwater pollution. Objective 3: Identify and protect areas of significant groundwater recharge. Policy 4A: Strive toward the development of a groundwater atlas at the county level . 411 Policy 4B: Analyze new residential , commercial and industrial developments for their impact on groundwater recharge and potential for groundwater contamination. 23 E. Recreation and Fish and Wildlife Habitat Goal: Protect and enhance fish and wildlife habitat and water recreational facilities in the Middle St. Croix Water Management Organization. Objective: Include fish and wildlife habitat considerations in the planning and management of recreation and open space areas at the local level . Policy 5A: All wetlands contained in the Water Resources Inventory shall be afforded the maximum protection consistent • with the policies of the MSCWMO. Policy 5B: The MSCWMO and local units of government shall seek to apply a multiple use management approach to water resources considering the benefits of all activities , including fish and wildlife, recreation, and open space . Policy 5C: The MSCWMO and local units of government will seek to improve fish and wildlife areas , recreation and open space facilities in cooperation with the Minnesota Department of Natural Resources. • • 24 F. Local Water Management Goal: Provide water management at the local level . Policy 6A: Encourage local units of government to administer water management regulations upon approval of a local water management plan that: 1 . is in conformance with the objectives and policies outlined in the plan; 2 . outlines the roles of the MSCWMO and the local unit of government during the transition period; • 3 . provides for accountable implementation of the water management plan. Policy 6B: The regulatory approach will place primary responsibility with the local communities. The MSCWMO strongly encourages adoption of uniform and consistent standards and regulations by all local units of government in the watershed. Policy 6C: After local plans are adopted, the MSCWMO will continue to exercise review and comment authority for activities when they affect waters of regional or district importance. Policy 6D: Communities that choose not to regulate required • permitted activities must assign that responsibility to the MSCWMO and will be charged for that service. • 25 Policy 6E: The MSCWMO maintains the right to approve plan amendments and changes in local regulations. The MSCWMO may withdraw local regulatory authority for failure to adopt or implement the plan in accordance with Minnesota Statutes 1987 , Metropolitan Water Management Section 473 .877 , Subdivision 1C, Authority. Policy 6F: Each local governmental unit in the MSCWMO shall amend its comprehensive plan and official zoning map to show all DNR-designated protected waters and wetlands. Each local unit • shall amend its zoning ordinance to state that any land- disturbing activities, including drainage below its' OHW elevation, affecting a DNR-protected water or wetland are subject to DNR regulations and may require the proposer to secure a state DNR permit. Policy 6G: Each local water plan shall reference the US Fish and Wildlife Service National Wetlands Inventory map ( if available ) covering the area of the local unit, and include a statement that placement of fill of any type within the areas identified on the map may require a permit from the US Army Corps of Engineers. Each local unit of government shall maintain a copy of the National Wetland Inventory map at their official • meeting place. Each local plan shall inform persons proposing any filling or development in areas identified as wetlands on the National Wetlands Inventory map that a Corps of Engineers permit may be needed and will notify the regulatory branch of the Corps • 26 of Engineers St. Paul District of any development proposals affecting these wetland areas . V. MANAGEMENT PLAN This section of the plan is designed to establish the roles of the MSCWMO and local communities in the control and management of surface waters in the Middle St. Croix watershed. The overriding goal of the MSCWMO is to maintain as much authority as possible at the local level . The following sections - Water Management Classification System, Land Use Zoning and Official Controls, Monitoring and Data Collection, Improvement Projects and Maintenance Programs, and Education - comprise the basic management scheme the MSCWMO and local communities will follow. A. Water Management Classification System The water management classification system separates waters of the MSCWMO into three classifications : waters of regional , district and local importance . The reason for a division of waters within the watershed is to provide for a logical method of assigning planning and management responsibilities and for the assignment of costs for improvement projects . Waters of regional importance within the MSCWMO are waters considered highly valuable from a recreational standpoint. Funding for any project within these waters should be assessed • watershed-wide or from other funding sources such as federal , state , region or county. Waters of district importance are waters which will be controlled • 27 and managed by the MSCWMO. Funds for projects within these waters should be considered on a tributary basis. Waters of local importance are waters tributary to waters of regional or district importance and lakes, ponds and wetlands (greater that 2 . 5 acres ) . Funding for projects on these waters should be primarily from local funding sources. Waters of Regional Importance * St . Croix River (portion within the MSCWMO boundary) Waters of District Importance * Perennial and intermittent streams, including their • contributing watershed, that cross boundaries of two or more communities within the MSCWMO. * All lakes , ponds and wetlands located on DNR' s Protected Waters and Wetlands Map, or MSCWMO' s Water Resources Map, and their outlets that affect two or more communities within the MSCWMO. Waters of Local Importance * Streams or ditches tributary to waters of Regional Importance that do not cross community boundaries. * All lakes , ponds and wetlands located on DNR' s Protected Waters and Wetlands Map, or MSCWMO' s Water Resources Map, and are located entirely within one community. • B. Land Use Zoning and Official Controls Following approval of the MSCWMO' s Surface Water Management Plan by the Board of Water and Soil Resources, each community will be required to prepare and adopt a local surface water management • 28 plan, or adopt the MSCWMO plan as its own. Local plans must be consistent with the objectives and policies of this plan. After MSCWMO approval of each communities plan, the community will issue permits and regulate activities in the watershed as described under Section IV, Objective F, Local Water Management . Each community may elect to assume responsibility for all or part of the required regulations. For the areas which the community elects not to regulate , they must assign that authority to the MSCWMO. • In an effort to simplify each local communities planning effort, the MSCWMO has evaluated is own goals , objectives and policies in reference to land-use regulation. The transition from goals, objectives and policies to one of regulation is necessary because it is through land-use regulations that local communities can control and manage activities that affect water resources . The basis of any local surface water management plan is land-use regulation. Figure 12 identifies those land-use regulations that the MSCWMO has identified as being necessary to achieve the goals it has established for the watershed. Figure 12 also shows by community which regulations they already have and which regulations they will be required to adopt. C. Compliance • In order to achieve and maintain compliance with the water management classification system and land-use controls, the MSCWMO will require each local unit of government to develop and implement a project referral system. The purpose of a referral I • • . t , , W m Z33Z .< 23 PI 0 cn z c m * z m A mOA m O z _ m K O A ; r O A C 1 ; -in 7D .4 a = r m 0 -1 = > Z C A CH .4 O Z O Z y O < C .:1 73 C C Z z Z . 0 m " m y p y i m z C C v z20 r O -4 v 0 C y - -I m O 0 O N m H m z n n 74 7 I � 1Da < 0 Do >> o - - n 7n = A Cn Nan > o o o y ' j� a = Zm0 � � xm � omm z .� O m � a ZZNN V c• n -� a a -1230Dp _ p * `ya -.I v m "< .m N "° T -I m N z -n z -n v O O, o vrn rn o nv v z , O Z 7 X = Z - _ ; 73 0 OfD M > O Z C m< Z w< w m< am< a m rE 70 p r 31, o m z 21 z Z 4v m D r .1‹ .I‹ ii< IN< I.< I.< u< ill< ill< us< Ii< I.< O Z O D m p m a .4 Z z m m N Z Z Z Z ZZ - Z Z Z Z Z < r O -433D_Irf6 O < z m NI 70 m m g Z Z ZO pri N m Z a < D Z Z ZMi< IM< Z Z r 33 -< :0 ,0 Z G v Z X a m m O C 0 C Z A Z Z Z Z Z Z Z Z Z Z Z Z C C CCI) r O z Z 70 C Z X D r y -II C w z 0 M33 Z .< Z Z Z -< Z Z Z Z .< Z 33 ° Ts 33 ... n m .4 C D N rn -4 z m a Z CC.. ✓ m Z c o In , o m "I I.< I.< mi< mi< il< in< in< I.< 1.< in< iii< II< r cn v I 10 33 --I M - -I rn O ; n m NI O z C I- a -4 . • 29 system is to insure that projects are referred to the MSCWMO for their review and comment as required by the water management classification system and Objective F. , Local Water Management. A local project referral system should at a minimum make the following determinations : 1 . Does the proposed project or land-use activity affect any inventoried waters of the MSCWMO? 2 . The appropriate water management classification. 3 . The need for review and comment by the MSCWMO. 4 . The next meeting of the MSCWMO at which the project will be • reviewed. Upon receipt of a project referral , the MSCWMO will make all necessary investigations and/or consult with the Washington Soil and Water Conservation District for comments and recommendations regarding the proposed activity. The MSCWMO will then respond back to the local community with its comments and which land-use regulations apply and will need to be enforced. D. bonitoring and Data Collection 1 . Watershed Wide No additional monitoring or data collection requirements have been identified at this time by the MSCWMO. However, the WMO plans on investigating the nature and cost of • establishing an adequate water quality monitoring program. This effort will be coordinated with the Metropolitan Council and MN Pollution Control Agency. 30 2. Bubwatershed Areas Additional monitoring and data collection has been identified in the Perro Creek Subwatershed. Our November 8 , 1988 Perro Creek Study completed by Short, Elliott , Hendrickson, Inc . , identified a number of problem areas and additional studies that are needed in order to accurately determine needed improvements. Additional studies include aerial photo contour maps of the area tributary to Prison Pond, update existing SCS TR-20 computer model , subject watershed to 100-year type 1 411, rainfall event , and identify extent and specific locations for required improvements. The MSCWMO has adopted an implementation program for Perro Creek which is outlined in Section VI . Implementation Program. 3 . Local Communities Once local plans have been approved by the MSCWMO, it will be each communities responsibility to monitor the implementation of their plan. Problem areas identified in each local plan shall be checked by field recognizance or by reviewing monitoring data at least annually. In addition, each MSCWMO member will annually submit an informal progress report to inform the MSCWMO of the status of local plan implementation, status of current water problems, potential • future problems , the need for local plan amendments and the overall performance of the local effort. 31 E. jmprovement Projects and Maintenance Programs On a watershed wide basis no serious water problems stand out . Based on the Water Management Classification, the only projects the MSCWMO would likely be involved with would be projects where water crosses between two or more communities or water level control projects in the remainder of the watershed that drain or outlet a previously landlocked area. Because significant potential for flooding has been demonstrated in the Perro Creek subwatershed, the MSCWMO will undertake and/or coordinate additional studies and improvement projects necessary to correct • flooding . The remainder of the watershed has been identified as waters of local importance . Since it is the intent of the MSCWMO to maintain controls at the local level , each community shall identify specific improvement projects , if any, that are necessary to alleviate water problems that may arise within their community. The strongest need for potential improvements or maintenance programs is in the area of water quality. Most of the MSCWMO' s adopted policies will directly or indirectly enhance or protect water quality. Erosion and sediment control should be considered a top priority in each local plan. F. Education Education of local community officials and staff and the general public is vital to the success of surface water management . Without a base of knowledge and understanding of surface water management , the prospect of success is doubtful . The MSCWMO will • 32 carry out an educational program which will include but not be limited to: 1 . Series of newspaper articles which will include the formation and purpose of the MSCWMO, what has been done by the MSCWMO, and the goals it is trying to achieve and the methods by which it is going to achieve them. 2 . Blanket mailing of an informational brochure, explaining the formation, goals and method of operation of the MSCWMO. 3 . Planning workshops for local communities, to assist in local plan development . • 4 . Workshops for community staffs and developers, to ensure implementation and compliance with watershed plans. VI . IMPLEMENTATION PROGRAM A. Implementation Program for Perro Creek The following implementation program has been adopted by the MSCWMO to establish a plan to solve the flooding problems that occur along Perro Creek. 1 . Where necessary have the affected communities of Bayport, Oak Park Heights and Stillwater establish a sub-watershed * taxing district for the Perro Creek minor watershed. 2 . Undertake the additional studies recommended in the Perro Creek Study dated 11/8/88 . Those studies include: • a. Topographic mapping and horizontal-vertical controls. $19,840.00 • 33 b. Update existing SCS TR-20 computer model for the watershed and subject watershed to a 100-year Type 1 rainfall event. $ 7,000.00 3 . Identify extent and specific locations for required improvements and flood storage areas. $ 5 ,000.00 4 . Develop a Capital Improvement Program (CIP) based on the findings of the additional studies and their recommendations . $ 2,000.00 Total Estimated Cost for Implementation Program $33,840.00 B. Capital Improvements Program (CIP) The overall watershed management plan of the MSCWMO does not identify any projects at a regional or district level at this point in time , with the exception of Perro Creek, necessary to alleviate existing water quality or quantity problems. When the MSCWMO completes the Perro Creek Implementation Program it will evaluate the need to amend the Watershed Management Plan to include a CIP for Perro Creek. On that basis, the MSCWMO does not require a CIP at this time. Each community, however, must • develop a five-year Capitol Improvements Program that identifies and evaluates solutions to the local water management problems ( if any have been identified) in their local plan. Evaluation criteria should include : project benefits, environmental • 34 impacts , natural resource impacts and cost. Adoption of the CIP does not require a community to carry it out , but it does make each government unit examine its water problems and projects. Capital improvement projects should be prepared so that they describe their effect in terms of the MSCWMO' s objectives and policies. Projects should be based on the solving of existing problems or an opportunity for enhancement. In the event that a municipality receives a request for a project not identified by the local plan, the communities response should include an analysis and description of the project and should describe the • project in terms of water management objectives and policies, management decisions, and local and MSCWMO priorities already established. Under a well planned CIP, acquisitions and projects can be outlined, funded and implemented with the local water management plan. The plan will also identify sources of revenue required to implement the plan. C. Local Water Plan Content and Official Control Amendment The Metropolitan Surface Water Management Act requires communities to prepare and adopt local water management plans that are consistent with the MSCWMO' s overall plan. The intent of the MSCWMO (during preparation of this plan) was to be comprehensive enough so as to eliminate duplication of planning • by each community. Local plans should at a minimum include the information shown in the following list : • 35 1 . Introduction 2. Inventories - additional inventories are not required unless a community adopts a stormwater management policy which would require detailed hydrologic information and/or modeling . 3. Existing and Potential Problems - list any existing or potential water management problems that occur within the community and are identified as waters of local importance and were not identified in the overall plan. If a community is proposing a CIP project , the problem being corrected must • be addressed in this section. Areas that should be addressed include : Flooding , Erosion and Sedimentation, Surface Water Quality, Recreation and Fish and Wildlife Habitat, and Groundwater. In addressing problem areas, the MSCWMO numbering system should be used to identify it . 4 . Goals. Objectives and Policies - the goals, objectives and policies of the MSCWMO should be carefully reviewed by each community. If the goals , objectives , and policies are consistent with the expectations of the local community, they can be adopted by reference . If communities expectations differ from the MSCWMO' s goals, objectives, and policies, they should develop and present their own goals, objectives , and policies in this section. Detailed • information should be provided to substantiate the differing goal , objective , or policy. • 36 5. Management Strategy - this section should include the following items: a. Desired water quality and water quantity levels in the community to be achieved or maintained. b. The land-use regulations that the community will adopt to meet the goals of the MSCWMO overall plan. Figure 12 of the MSCWMO plan should be referred to. This section should also include a schedule for implementation of new land-use regulations. c . How the community will assure compliance with the local • plan. d . Any local monitoring and data collection needed to implement or insure compliance and success of the local plan. 6. Capital Improvement Program - list of contemplated capital improvement projects , including their priority, need, estimated cost , source of financing , responsible governmental units , and timing . 7. Local Amendment Procedure - because much of the water management will be done at the local level , each community shall outline a specific amendment procedure to local plan requirements . D. Assignment of Management Responsibilitiea The intent of the MSCWMO is to provide overall guidance to the communities in the preparation of their local water management plan. The MSCWMO will be responsible for reviewing each local plan for conformance with the goals, objectives, and policies in • 37 its plan as well as consistency with one another. The MSCWMO will retain a review capacity for waters of regional and district importance in the watershed. Each community will be responsible for the implementation and enforcement of all programs outlined in its local plan. MSCWMO members will annually report to the MSCWMO on the progress of their implementation program, status of current water problems , potential for future problems, and the need for local plan amendments . The MSCWMO may withdraw local regulatory authority in accordance with Minnesota Statues 1987 , Metropolitan Water Management , Section 473 . 877 , subdivision 1 .C. , • Authority. E. Review Process Communities within the MSCWMO must submit their local water management plan to the MSCWMO within one year after Board of Soil and Water Resources approval . Once a plan is received, the MSCWMO shall have 60 days to review the document and approve or reject all or parts of the plan based on its compliance with the Goals , Objectives , and Policies of the MSCWMO Watershed Management Plan. If the MSCWMO fails to complete its review within 60 days and the local community has not agreed to an extension, the plan will be deemed approved. Communities are encouraged to solicit informal board input and review before they submit their plans for formal review. • After the MSCWMO approves a local plan the community shall adopt and implement the plan within 120 days and shall amend its official controls accordingly within 180 days. Any future amendments to a local plan must be submitted to the MSCWMO for • 38 review. The MSCWMO must approve or disapprove the amendment within 60 days of its submittal . Local Plan Schedule: 1 . Approval of MSCWMO plan by BWSR. This starts one year completion deadline. 2 . Each community shall either: a. Adopt the MSCWMO watershed plan as its own. b. Prepare a new local water management plan which is in conformance with the MSCWMO Watershed Management Plan. c . Amend an existing plan to conform to the requirements • of the MSCWMO Watershed Management Plan. 3 . If a community chooses to adopt the MSCWMO Watershed Plan as its own it should do so by resolution within 3 months from the approval date of the MSCWMO plan and have its official controls amended accordingly within 6 months. 4 . If a community chooses to prepare a new local management plan or amend an existing plan it should submit a preliminary plan to the MSCWMO within 3 months from the approval date of the MSCWMO and should submit its final plan within 12 months . VII . AMENDMENT PROCEDURE Plan Amendment Procedure The plan is intended to extend through the year 2000 . The WMO may prepare proposed amendments to the plan prior to 2000 . The WMO shall prepare proposed amendments updating the plan and give notice of the proposed plan amendments before the end of 1999 . • 39 Notice of public hearing on proposed plan amendments and a description of the amendments shall be published by the WMO in at least one legal newspaper in each county having territory within the watershed. Publication shall occur at least ten ( 10) days before the hearing. Notice shall also be mailed at least thirty ( 30 ) days before the hearing to all counties , SWCD' s , towns and statutory and home rule charter cities having territory within the watershed, and to the Metropolitan Council , DNR, PCA, MDH, and the Minnesota Board of Water and Soil Resources . At the hearing the WMO shall solicit comments on the proposed plan amendments. Any person may submit a request to the 1111 BWSR not later than ten ( 10 ) days following the close of the hearing, asking that the proposed plan amendments be reviewed in accordance with the provisions of Section 473 . 878 , subdivisions 5 , 6 , and 7. The WMO shall not adopt proposed plan amendments before the MBWSR has decided whether review in accordance with the provisions of Section 473 . 878 , subdivisions 5 , 6 , and 7 is necessary. If the MBWSR has not made a decision within forty-five ( 45 ) days of the close of the hearing, unless the WMO agrees to a time extension, review in accordance with the provisions of Section 473 . 878 , subdivisions 5 , 6 , and 7 , shall not be required. 411110 40 VIII . Glossary Aquifer - Rock or sediment in a formation, group of formations , or part of a formation that will yield sufficient water to be considered a source or supply. Assimilating - To take in and incorporate; absorb ( i .e. nutrient assimilation by wetland vegetation) . IIIBedrock - Consolidated or semi-consolidated rock formations or parts of formations that crop out at the land surface or underlie the glacial drift . Best Management Practice(BMP) - Land management activities used to control nonpoint source pollution. BMP' s are sometimes broken down into structural and non structural type practices . Channel - A natural stream that conveys water. A ditch excavated for the flow of water. Conservation - The protection, improvement and use of natural resources according to principles that will assure their highest economic or • social benefits. 0 41 Contamination (water) - The introduction to water of micro-organisms, chemical , organic or inorganic wastes , or sewage, which renders the water unfit for its intended use. Drift - A catchall term that includes all rock materials that were deposited by glaciers . Drift is composed of stratified and unstratified materials ranging in size from clay to boulders. Eolian ( sediments ) - Soil that has been wind deposited. • Erosion - The wearing away of the land surface by running water, wind, ice or other geological agents , including such processes as gravitational creep. Eutrophication - The natural process of aging of lakes by which organic matter is formed by growth of algae and other plants . The process is accelerated by excess nutrients, resulting in unwanted algal blooms (heavy growths) . Fertilizer - Any material or mixture of materials that contains one or more of the recognized plant food elements, either in liquid or dry form. Groundwater - The water located below the water table in an unconfined • aquifer or located in a confined aquifer. Gully - A channel or miniature valley cut by concentrated runoff through which water commonly flows only during snow melt. A gully may be • 42 branching or it may be linear, rather long, narrow and of uniform width. The distinction between gully and rill is one of depth. A gully is sufficiently deep that it would not be obliterated by normal tillage operations, whereas a rill is of lesser depth and would be smoothed by use of ordinary tillage equipment. Increased capacity of downstream conveyance system - When an existing stormwater runoff conveyance system has the capacity to handle increased rates of runoff without causing erosion or flooding damage either to the conveyance system itself or any surrounding public or • private properties . Impervious Surface - A surface ( on the land) not permitting penetration or passage of rain water, snow melt , etc . Infiltration - The flow of a liquid into a substance through pores or other openings . Flow into a soil , in contradiction to the word percolation, which connotes flow through a porous substance . Lacustrine ( sediments ) - Soils that have formed in former (glaciated ) lake bottoms and plains . Land Capability - The suitability of land for use without permanent damage. • Land capability, as ordinarily used in the United States, is an expression of the effect of physical land conditions, including climate , on the total suitability for use without damage for crops 43 that require regular tillage, for grazing, for woodland, and for wildlife. Lake Management - A process that involves study, assessment of problems and decisions on how to maintain a lake as a thriving ecosystem. Nonpoint Source - Polluted runoff. Nutrients and pollution sources not discharged from a single point; i .e. runoff from agricultural fields or feedlots. 1111 Ordinary High Water Level (OHW) - The highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape . It is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial . Outwash - Stratified drift deposited by melt water flowing from a glacier. It is mostly sand and gravel , but clay to boulder sizes may be included. Peak Discharge - The maximum instantaneous flow from a given storm condition at a specific location. Permeability - Capability for transmitting a fluid. It is measured by the • rate at which a fluid of standard viscosity can move through material in a given interval of time under a given hydraulic gradient. • 44 Phosphorous (P) - A highly reactive element which combines readily with oxygen and many other elements . Pollution - The presence in a body of water (or soil or air) or substance of such character and in such quantities that the natural quality of the body of water (or soil or air ) is degraded so as to impair its usefulness or render it offensive to the senses. Prime Farmland - Land ( soils ) which are classified as either I or II under the Soil Survey Land Capability Class System. • Protected Waters - Also known as "public" waters . These terms relate to MN Statute 105 . 37 , subdv. 14 of the Minnesota Department of Natural Resources (DNR) regulations. These waters are identified on the DNR Protected Waters map for Washington County. Any work or alteration in beds of these waters requires a permit from the DNR. Wetlands are also considered protected waters . Recharge - Water added to the saturated zone ; the main source of recharge is precipitation. Runoff - That portion of the precipitation on a drainage area that is discharged from the areas in stream channels. Types include surface water runoff , groundwater and seepage. Secchi Disc - A device measuring the depth of light penetration in water. • 45 Sediment - Solid material , both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earths surface either above or below sea level . Soil - The unconsolidated mineral and organic material developed from weathering minerals and decaying organic matter. It covers most of the immediate surface of the earth and serves as a natural medium for the growth of plants. illToxicity The characteristic of being poisonous or harmful to plant or animal life . Watershed Area - All land and water within the confines of a drainage divide or a water problem area consisting in whole or in part of land needing draining or irrigation. Water Conservation - The physical control , protection, management and use of water resources in such a way as to maintain cropland grazing, and forests ; vegetative cover, wildlife , and wildlife habitat for maximum sustained benefits to people , agriculture , industry, commerce and other segments of the national economy. • Water Pollution - The presence in water of chemical , physical , biological and radiological characteristics detrimental to its intended use. 46 Water Resources - The supply of groundwater and surface water in a given area. Water Table(perched) - The upper surface of a body of free groundwater in a zone of saturation, separated by unsaturated material from an underlying body of groundwater in a different zone of saturation. Wetlands - Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland include swamps , marshes . bogs and similar areas. WMO - Watershed Management Organization. A joint powers commission formed under Minnesota Statutes 1982 , Chapter 509 , dealing with surface waters. • PERRO CREEK STUDY BAYPORT, MINNESOTA NOVEMBER 8, 1988 Watershed Characteristics The Perro Creek Watershed is comprised of land within the City of Oak Park Heights, Baytown Township, and the City of Bayport. Runoff generated within Oak Park Heights and Baytown Township flows into the detention area (Prison Pond) west of County Road 21. About 940 acres drain directly into the Prison Pond. An additional 300 acres may discharge runoff into the Prison Pond if the local water levels are high. Perro Creek meanders across State of Minnesota property (correctional facility) and through the City of Bayport. Flow in the creek is maintained from spring to fall. During the winter months water flow in the creek is shut off at the Prison Pond outlet structure. Water level in the pond is then controlled by a pumping system. The pumped outlet, constructed in the early 1900's, draws water from the pond and discharges it into a nearby storm sewer. This pump is located in the lower level of the physical plant at the correction facility. Power costs for the pumping is passed on to the City of Bayport. All water discharged from the pond eventually flows into the St. Croix River. Slope of the terrain west of Trunk Highway 95 varies from 1 percent to 25 percent. Terrain east of Trunk Highway 95 has slopes of 0. 5 percent to 3 percent. Soils within the watershed are in hydrologic group B. - 1 - Resource Material Information used in the preparation of this report includes the tfollowing: A. Middle St. Croix Water Management Organization (WMO), Water Resources Inventory, Dated 1986. B. U.S. Geological Survey - Stillwater Quadrangle, Photo Revised 1980. C. Soil Survey of Washington and Ramsey Counties in Minnesota, Dated April 1980. D. City of Bayport, Minnesota, Storm Sewer Map E. Field Surveys Conducted by Short-Elliott-Hendrickson. Problem Areas A number of specific problems were identified in the study. They are street overtopping, flooding of buildings and winter pumping of the Prison Pond. Street overtopping and flooding of building would occur during high intensity rainfall events (100-year return frequency) . Inadequate culvert capacity throughout the downstream watershed is the principle cause of overtopping of the streets. Overtopping or submergence of a street can usually be tolerated for a short period of time. However, long term submergence or exposure to high velocity flows will degrade the structural integrity of the pavement. The present model shows that County Road 21 would be submerged for about 30 hours. Flooding of buildings adjacent to Perro Creek is likely in at least three locations under current conditions. Inadequate - 2 - culvert capacity and/or the lack of ample storage has created the potential for flooding upstream of various culverts. Elevations ipf some of the buildings in these potential flood areas were ctierified by field survey. For a number of years the Minnesota Correctional Facility has been pumping water out of the Prison Pond during the winter months. Pumping was initiated in part to eliminate the build up of ice in the creek during periods of intermittent flow. The build up of ice has at times extended onto the streets crossing the creek. Traffic flow on Trunk Highway 95 has also been disrupted as a result of the icing. Attached to this report is a letter from the Correctional Facility regarding the pumping system dated January 31, 1985. Required Improvements Inadequate culvert capacities can be remedied by increasing the culvert size. However, if only a few culverts are replaced the street overtopping and/or flooding may become much more severe downstream. A culvert improvement program would likely include the replacement of most of the culverts along Perro Creek. Improvements to the ditch channel would also be required. The probability of street overtopping or flooding occuring may be reduced by providing additional ponding (storage) volume. Very little if any of the additional ponding volume could be provided south of Fifth Avenue North in the City of Bayport. The Prison Pond is a Department of Natural Resources (DNR) protected wetland. A DNR representative indicated that they prefer not to increase the storage within this wetland. It appears the only location at which additional storage may be provided is at the correctional facility. Acquiring additional storage volume will not eliminate the need to replace several culverts along the creek. - 3 - Construction of a second outlet for the Prison Pond would resolve the potential street icing problem. This outlet will also ,eliminate the need for pumping throughout the winter months by an ialready outdated system. The outlet would insure that the maximum amount of storage is available during the spring runoff and intense rainfall event. Minimizing the fluctuation of water levels within the pond reduces the overall impact on wildlife in and around the pond. Study Methods The SCS TR-20 computer program was used to model the watershed. Design data was obtained after subjecting the entire watershed to a 100-year type I rainfall event. Peak flow rates were generated as part of the hydrologic model. These flow rates along with channel cross sections were used to determine water elevations upstream of culverts through the City of Bayport. A number of the culverts were subjected to various conditions to calibrate the model based on historical data. Consideration was not given to the 300 acres that is not directly tributary to the Prison Pond. Railroad Embankment Perro Creek presently discharges through the railroad embankment by means of an existing 48" reinforced concrete pipe (RCP) . This pipe is located north of 4th Avenue South and east of 2nd Street South street rights-of-way. The initial hydraulic anaylsis of this pipe identifed its grossly inadequate capacity. As a result of the inadequate capacity, five houses immediately upstream of the embankment may be flooded. Further analysis within the watershed was conducted assuming that adequate hydraulic capacity existed through the embankment. The attached hydraulic analysis summary briefly presents information on the major culverts along Perro Creek.. - 4 - • Summary This report should be used to identify areas that may be subject to flooding. The attached culvert inventory and hydraulic analysis summary indicates the areas where overtopping of streets and flooding may be expected to occur. A number of improvements were discussed in this report. It should be noted that providing additional storage may not eliminate the need to replace various culvert's along the creek. • Some inaccuracies in the hydrologic model may exist. Small depressions that may reduce the rate of runoff can change the hydrologic nature of the watershed. These areas are not always accounted for without contour maps of the watershed. A more detailed study could be provided if aerial photo contour maps of • the watershed were available. Monitoring of the rainfall within the watershed and installation of stream gages on Perro Creek would also allow a more accurate calibration of the hydraulic model. This additional data might reduce the cost of required improvements identified in this report. Recommendations As a result of our investigations and analysis it is recommended that: 1. Aerial photo contour maps of the area tributary to the Prison Pond should be obtained. 2. Input into the SCS TR-20 computer model be updated based on hydrologic information presented on the aerial photo contour maps. 410 - 5 - • 3. Subject the watershed to a 100-year Type I rainfall event and review output data. 40. Identify extent and specific locations for required improvements. If necessary, need for these improvements could be verified by rainfall monitoring and stream gaging. 5. The WMO meet to consider the improvements identified in this report. Sin erely ht) Jeff Day , P.E. Short-Elliott-Hendrickson, Inc. JTD/me Enclosures 1. Existing Culvert Inventory and Hydraulic Analysis Summary • 2. Letter from Minnesota Correctional Facility, Dated January 31, 1985 3. Figure No. 1 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. )tika4g DATE: /1 -- 8-- 8 .9.-15 REG. NO. 16927 REVIEWED BY: sa„. 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XIC a C4Y H 4 c c s s Z CO N ,O'f a en ''' Qi 1 Z a m 04 H 3 w•M Z I0 0 a00 rez 00 >. i 0zc Af 0 M O •In0 ) 1 y44 4iU • a a� 0 I� W .i w N en it y to CO 0 >» Uto O N Z a I w w AIC A N 1 0Si'� �1• ++ >. �O b b ,v Na 0:id 34 U301w 06 IC.� 3 N a N a U 44 NC 0 OCO aar 43 OI Z IX 4 y. S to CO CO x ' • II N 04 a O, .Oi .i .i - rl C11 Id q N W M C H •t i • TABLE OF CONTENTS Map lA (Location Map) ii Introduction 1 Formation of Wetlands 1 Value of Wetland Areas 2 Purpose of the Survey 8 Survey Methods and Definitions 8 Guide to Wetland Data Sheets 9 Map lB ( General Geomorphic and Soil Areas ) 21 Table 1 ( Middle St . Croix Water Resources Classified as State Protected Waters ) 22 23-88 Appendix A Wetland Data Sheets Appendix B Document Reference 89 • • Table 1 MIDDLE ST. CROIX WMO WATER RESOURCES That are Classified as Protected Waters by the Minnesota Department of Natural Resources IDNR1 mscwmo DNR Water Resource Protected Inyentory Number Water5 Number B3-1 310P L28-2 12W S21-1 317W S29-1 20W S29-2 20W 111.! S29-3 20W S29-5 20W S33-1 308W northwest associated consultants, inc. 711111 MEMORANDUM TO: LaVonne Wilson FROM: Curt Gutosk DATE: 23 May 1988 RE: Oak Park Heights - Middle St . Croix Watershed Management Plan ' FILE NO: 798.02 - 88.08 In review of the Middle St . Croix River Watershed Management Organization's (MSCWMO)Watershed Management Plan , I offer the following comments as to the content of the plan itself and actions required by the City as a result of the plan . o As noted in the City Engineer's review, policies directed towards determination of 100-year flood elevations of lakes, ponds, wetlands and watercourses appears to be inconsistent with the intent of the plan . Policies 3B and 3C indicate that for and new development located adjacent to one of the above natural features, the developer shall determine the 100-year flood elevation . It would seem to be in the best interest of the City and the County if the MSCWMO determined these flood elevations. o Each community will be required to prepare and adopt a Local Surface Water Management Plan . Local' plans must be consistent with MSCWMO's plan and be approved by the MSCWMO. Ci O tie 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 4r o Within each local plan , the following regulations must provided. Listed along with these regulations are those already existing within the City . The City's existing regulations have been reviewed by the MSCWMO and found to be adequate . Existing -Bluffland/and or Shoreland No Management regulation -Floodplain Management Regulation Yes -Restrictive Soils Regulation No -Wetland Preservation Regulation Yes -Agricultural and/or Urban Erosion No regulation -Stormwater Management Policy Yes -On-site septic system regulation Yes o It would appear from the above regulation requirements, the City would need to establish three additional regulations to fulfill the requirements of its local surface Water Management Plan . o To assist communities in developing Local Surface Water Management Plans, the MSCWMO plans to hold workshops with various community staff . However , a timetable has not been established as it would appear the County will wait until its plan receives approval before it assists in the local level plans. o The plan proposes no immediate capital improvement projects within the study area, however , it does state that each community must prepare a 5 year capital improvement program (C. I .P. ) . The C. I .P. myst address the problems identified in the Local Surface Water Management Plan and be subject to the approval of the MSCWMO. If the local plan identifies no problems, then a C. I .P. would not be necessary . In conversation with Carl Brandt of the Metropolitan Council , he indicated that the Council was going to hold off on its review until comments were received from the individual cities or the cities approved of the MSCWMO Plan . Please advise on amendments, the City may wish to recommend to the MSCWMO Plan and also the actions the City wishes to take to develop the three missing regulations outlined previously . cc : Lyle Eckberg Joe Anderlick Frank Leler s/' nOtto G. Bonestroo,P.E. Keith A. Gordon,P.E. Thomas W. Peterson, P.E. Charles A. Erickson Robert W l . Lynch,RE. Leo M. Pawelsky Bonestroo Joph C. Anderlik,R.E. Donald C. Burgardt, P.E. ameseR.CMaland, P.E. Harlan M. Olson Rosene Bradford A. Lemberg,P.E. Jerry A. Bourdon, P.E. Kenneth P. Anderson,P.E. Susan M. Eberlin Richard E. Turner, RE. Mark A. Hanson,P.E. Keith A. Bachmann, P.E. Mark A.Seip James C. Olson, P.E. Ted K. Field,P.E. Mark R. Rolfs,P.E. vl Anderlik & Glenn R.Cook,P.E. Michael T. Rautmann,P.E. Robert C. Russek,A.I.A. Thomas E. Noyes,P.E. Robert R. Pfefferle, P.E. Thomas E.Angus, P.E. Associates Robert G. Schunicht, P.E. David O. Loskota, P.E. Howard A. Sanford, P.E. Marvin L. Sorvala, P.E. Engineers & Architects May 9, 1988 Ms. La Vonne Wilson City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 Re: Middle St. Croix W.M.O. Watershed Management Plan Our File No. 55 Dear La Vonne, We have reviewed the Watershed Management Plan which has been prepared by the Middle St. Croix Watershed Management Organization with the primary preparer being the Washington Soil and Water Conservation District. The plan generally consists of a water resources inventory and a lot of generic rhetoric. Only the wetland data and systems identified in the inven- tory provides specific facts relating to the Middle St. Croix Watershed. The balance of the plan when condensed indicates that the local units of govern- ment must do the planning and provide the regulations by which watershed man- agement will occur. While it is believed that local governmental control is the most desirable, this organization possibly should have taken the lead where management requirements may affect more than one unit of government. As an example one of the management objectives shown on Page 25 is to "establish 100-year flood levels on the area' s ponds, lakes and streams. " The policies which then follow indicate that for any new development, "the developer shall determine the 100-year flood elevation. " This appears to shift the responsi- bility for management away from the management organization to others who have no management control. In summary, the City cannot object to a watershed Anna eu►ent_ ! �,. is void of meaningfull content. H �� .' ,-: _ ' � � the plan is approved as submitted and if watershed management is indeed to occur, then the City will have to expend whatever effort, time and resources are required to develop a meaningful plan. Because Oak Park Heights is in the upper reaches of the subwatershed districts, the effort required should be minimal for the City. Yours very truly, BONESTROO, ROSENE, ANDERLIR & ASSOCIATES, INC. (i 54;11)1' ' l Jose•h C. Anderlik / JCA:1i /� 41( 014).' .04e .„ II pig//Ail;) 24 3 1 (J ( 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 1,0 44 t ' JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE MIDDLE ST. CROIX RIVER WATERSHED THIS AGREEMENT is 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 (hereinafter referred to as "WMO" ) . 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, Chapter 509, Laws 1982 (Minn. Stat. 473 . 875-473 . 883) . 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, promotes 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; and, WHEREAS , the parties have rejected the alternative • of Minn. Stat. Chapter 112 because they, themselves , • individually and collectivelyhave broad powers which make possible the attainment of the purposes herein without establishing an additional taxing authority and without isolating decision making further from the electorate. 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 water storage and r retention system in order to : a) Reduce to the greatest practical extent the public capital expenditures necessary to control excessive A volumes and rates of 'run-off ; b) Improve water quality; c) Prevent flooding and erosion from surface flows ; d) Promote ground water recharge ; e) Protect and enhance fish and wildlife , habitat and water recreational facilities, and -2- t 1 f) Secure other benefits associated with the proper management of surface water. 1 . 2 The boundaries of the Middle St. Croix River Water Management Organization 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 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 plan management and erosipn control systems ; d) Protect and enhance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to takes and streams ; e) Undertake needed programs to promote ground water recharge ; 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; -3- 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 soil resource protection and water management in the area. . The above descriptions are not intended to be exclusive or overly restrictive of the conservation plan of the program, but are rather intended to act as a guideline. • ARTICLE II Definitions • 2. 1 For the purposes of this agreement , the terms shall have the 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. 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 , Subdivision05. -4- 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 Watershed" Unless otherwise stated, means that area described and set forth in Exhibit I 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 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 with or without cause. The term of the first appointees shall begin thirty days after the execu- tion of this agreement and the term of each first appointee shall be as follows: . Afton - 1 year term St. Mary' s Point - 2 year term Lake St. Croix Beach - 3 year term Lakeland Shores - 1 year term Lakeland - 2 year term West Lakeland Township - 3 year term -5 t Bayport - 1 year term • Baytown Township - 2 year term Oak Park Heights - 3 year term Stillwater - 1 year term Stillwater Township - 2 year term Following the appointment of the initial Commissioner(s) and Alternate(s) for the initial term specified above , all future appointments shall be for a 3 year term. 3. 3 Vacancies . A . vacancy on the Commission shall be filled by the council whose membership position oh the Commission is vacant. 3.4 Compensation and Expenses . The Commission member shall not be entitled to 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 it may be necessary to reasonably carry out the purposes of this agreement. All such officers shall hold office. for a term of one year 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 -6- shall be filled by the membershp ' of the Commission by • election for the remainder of the unexpired term of such office. • 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 held at the call of the Chair or by any member giving not less than 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) . '3 . 8 Annual Meetings . At the first meeting of the Board and at the regular meeting in January of each and every year thereafter the Board shall elect its officers as stated herein. At the organizational meeting or as soon thereafter as it may be reasonably done, the Commission shall adopt reasonable rules of procedures and regulations governing its meetings . - 3. 9 Commission Office. The office of the Commission shall be at : City Hall of Bayport, 294 North Third Street, Bayport, MN 55003. - 7 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 affirmativervote from a majority of its members at a regularly held meeting or special meeting called for t1#tt purpose. 3. 10 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 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. 3.11 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 three-fourths ( 3/4) majority of the Commission. Actions taken by the Commission to order projects or to assess members for improvements shall require a three-fourth (3/4) 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. -8- 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. 3 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. �f 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 policie's 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 -9 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. Upon completion of the plan, but before final . adoption by the organization, the organization shall submit the plan for review and comment to all counties, soil and water conservation districts , towns and statutory and home rule cities .having territory within the Watershed. Any local government unit which expects that a substantial amendment of its local comprehensive plan will be necessary in order to bring the local water management plan into conformance with the Watershed Plan shall describe , as specifically as possible, within its comments , the amendments to the local plan which it expects will be necessary. Sixty dtys after submission to the local governmental .units for comment , the organization shall submit the plan, any comments received, and any appropriate amendments to. the plan to the Board of the County or% Counties having territory within the Watershed. If the local governmental unit fails to complete its review and comments within the prescribed period, unless an extension is agreed to by the organization, the program shall be deemed approved. The County shall approve or disapprove projects in the capital improvement program which may require the provision of County funds pursuant to Section 112.6:0 , Subdivision 2 , or Section 473. 883 of the Minnesota -10 Statute. The County shall have 60 days to complete its review of the Capital Improvement Program. If the County fails to complete its review within the prescribed period, unless an .extension is agreed to -by the organization, the • program shall be deemed approved. Review by the Metropolitan council and other state agencies as provided in Minnesota Statutes 473.878 et seq. shall be followed by the Commission. 4.4 After the adoption of the Watershed Management Plan, each local government shall prepare a local -Water Management Plan which must include a • description of the existing and proposed land uses ; definition of drainage areas, including volumes, rates and paths of storm water run-off ; identification of areas and evaluations for storm water storage ; description of water quality efforts which may be needed to implement the plan; and an implementation program including official land use or development controls and a Capital Improvement Program, if needed. After consideration but before adoption by the • governing body of each local unit, the local Watershed Management. Plan shall be submitted to the Commission for review for consistency with the Watershed Management Plan adopted pursuant to Minnesota Statutes 473. 878. The° t Commission shall approve or disapprove of the local plan or parts thereof. The Commission shall have 60 days to complete its review. In the event the Commission fails to -11- • complete its review within the prescribed period unless an extension is agreed to by the local unit, the local 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 Minnesota • Statutes 473 . 877 and 112 .43 ( 10) 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 therefrom 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 Uniform Municipal Contracting Law as set forth within Minn. Stat. 471 .01 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 -12- 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 Construction or Interpretation of the Water Management Plan. The Commission, by a majority vote, shall determine such matters involving the construction and interpretation of the Water Management Plan. All such formal determinations as to any aspect of the Water • Management Plan in interpretation or construction shall be reduced to writing by the Secretary of the Commission and be_ annexed to the Water Management Plan following its • passage. 4. 10 The Commission may appoint such committees and sub-committees as it deems necessary to gather information and make recommendations back to. the Commission. 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 -13- 4 expenses and make expenditures and disbursements nec'essary 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 Operating Funds . On. or before August 1 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 busirress . The budgets shall not , however, be in an amount greater than the equivalent of one-fourth of one mill levy on all real property within the Middle St. Croix Valley Watershed District. Any budget which exceeds such limitation must be approved by all member councils. 5. 3 The annual administrative expenses shall be budgeted and borne by each voting member in the following manner: a) 40 percent shall be borne by each party based upon the total acreage of each party as a per- centage Of the acreage of the entire Watershed; b) 20 percent shall be borne by each party based upon the assessed valuation of its area of the Watershed as a percentage of the assessed valuation of the entire Watershed; c ) 40 percent shall be borne by each party based upon population of its area of the Watershed as a percentage of the total population of the entire Watershed area. 14 - • ♦ 1. The budget shall be ad4ted by the Commission upon three-fourths `majority approval of all voting representatives atthe 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 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. 5.4 Annual Accounts. The Commission shall make a full and complete financial accounting and report to each council annually. All of its books , 'reports and records shall be available for an open examination by any member of the public at reasonable times to be established by the... Commission at their office. ARTICLE VI Works of Improvement 6. 1 Initiation of Improvement Projects. Works of improvement for the protection and managment 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 • -15 •- • parties . In eithdr 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 4r 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 witp 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 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 Commission has submitted the recommendation shall • respond in writing within 90 days of the date of receipt of the .recommendation. In the event the local governmental unit does-not respond within 90 days of the date of receipt • -16- A a the recommendation of the Commission, the local govern- mental 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 if.firmative vote of three-fourths of lihe commissioners . Such public hearings shall be noticed And conducted in the manner established and set forth in' Minnesota Statutes 429.031 . 6. 2 Local Improvements . When works of • improvement are initiated by the governing body of .aparty 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 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 90 days of the date of receipt of the proposal for improvement, the Commission shall be -17- r • deemed to have contented to such proposal for improvement unless an extension of time has been granted by the ltcal 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 Commissioritshall so notify the local unit of governmentlin 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 Plan Tax District in! the area within the Watershed Management Organization for the purposes of paying the cost of the planning required -to . develop a Surface Water Management Plan. After a Watershed Management Plan is adopted and approved, a tax district shall be established for the purpose of paying capital cost of projects described in the plan. The tax district shall' be established by ordinance adopted after a hearing •by the local governmental unit following the provisions of Minnesota Statutes Chapter 509 , Section 473. 882. • -18- . 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 cjf review thereof, the provisions of Minnesota Statutes 429.061, 429 .071 and 421 .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 slrll not have the power to levy a special as$essment 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. -19- 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 30 days notice in writing of each governmental unit, the board shall hold a hearing anci upon a favorable vote by 3/4 of all the eligible votes of the then 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 3/4 of the governmental units within 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 thereofktogether with monies on hand shall be distributed to the ' governmental units of the Commission. Such4distribution 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. -20- ARTICLE X ' Organizational Meetings After notice of the effective date has been issued, a date will be set for the Board's first meeting. Said meeting shall take place within 60 days after the • effective date of this agreement. , ARTICLE XI Amendment f 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 aclopted by three-fourths ( 3/4) vote of the governing bodies of the parties within 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 . i. ;1 s i 1 4 • • -21 • - • CITY OF AFTON By / / Ma or SEAL: Dated: 841/iy ATTEST: Ci y Clerk CITY OF ST. MARY'S POINT By Mayor Dated: ////01 ATTEST: kfrralf., .;/-le,4114;)tent.4.) 1 ' City Caerk CITY OF LAKE ST. C 'OIX BEACH BY - • mayor SEAL: Dated: ATTEST: • City Cle - CITY OF LA4LAND SHORES By f les.C.24ce-(2 SEAL: Dated: i() . - A-1 ATTEST: • r- (A City lerk • • CITY OF LA ND 1 BY f r .•yr _ • � ayo SEAL: L Dated: I yy ,/, , /e/2,F, ATTEST ..„.4i,';'zter ity Clerk CITY OF WEST LAKELAND TOWNSHIP Bydrtit) 67_,P,t(A017 7/2 Gyor SEAL: Dated: (.i "/i 14ey ATTEST: Cly Cl k it t CITY OF BAYPORT Z Mayor SEAL: Dated: (o -,z4--per ATTEST: ,26tA--6L-a7/ (2 N,,Lca , City Clerk CITY O. : ' , •WN/TOWNSHIP I By ' I ' a.t-t . r Q(ILgd A.$44.Q.4A SEAL: Dated: ccc_ i3_ '�.4. ATTI1ST. • t • 0()1/44,lo f City Cl rk CITY OF OAK PARK EIGHTS • Bye",72 M/ayor SEAL: Dated: City Clerk CITY OF ILL WATER By At,. l A ayor SEAL: Dated: ATTEST: CtIVy Cierg:) CITY OF STILLWATER TOWNSHIP By 44"-74-6/ . •-• • it-4 L. KJ-SEAL: Dated: Dated: ATTEST: ION • • r,„. v • RESOLUTION NO. 83-6-22 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CREATION OF THE. MIDDLE ST. CROIX VALLEY WATERSHED MANAGEMENT ORGANIZATION AND CREATION OF A JOINT POWERS AGREEMENT WITH THE EFFECTED COMMUNITIES BY THE CITY OF OAK PARK HEIGHTS WHEREAS, the Minnesota Legislature is duly required that all cities located within the Metropolitan counties join or form a water management organization or watershed district prior to June 30, 1983; and, WHEREAS, interest has been expressed in forming a water management organization by the civil communities effected within the Middle St. Croix Valley Water Management Organization consisting of the communities of Stillwater Township, City of Stillwater, City of Bayport, City of Oak Park Heights, City of Baytown Township, West Lakeland Township, City of Lakeland, City of Lakeland Shores, City of St. Mary' s Point, City of Lake St. Croix Beach, City of Afton; and, WHEREAS, the City Council of the City of Oak Park Heights deems it to be in the best interest of its populous • to join in the creation of the Middle St. Croix Valley Water Management Organization through a Joint Powers Agreement with the effected communities. NOW, THEREFORE, be it resolved by the City Council of the City of Oak Park Heights as follows: That the City of Oak Park Heights hereby approves of the creation of a Middle St. Croix Valley Watershed Management Organization consisting of the communities above-referenced further consents to the creation of a Joint Powers Agreement by the effected communities governing all the terms and conditions of their respective responsibilities within the organization and - hereby resolves to appoint members to work with the various members of the other effected communities in the creation of such a Joint Powers Agreement and negotiations over the creation of such a Watershed MAnagement Organization. Passed by the City Council of the City of Oak Park Heights this 27th day of June, 1983. 4,41. :2-6/ 11,k(12/.44- Frank O. Sommerfeldt Mayor ATTEST: aVonne Wilson, City Clerk CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, MARCH 12, 1984 • Call to order by Acting Mayor Seggelke at 7:00 P.M. Present : O' Neal, Carufel, Doerr, Eckberg and Wilson. Absent: Sommerfeld.t. Clerk read public hearing notice and presented affidavit of publication to amend the St. Croix Mall' Planned Unit Development Agreement dated April 18, 1979 , as it relates to the signage of the St. Croix Mall. Acting Mayor called for comments. Discussion ensued with O'Neal moving to close the hearing. Seconded by Carufel. 4 aye votes. Hearing closed. O'Neal moved to approve the above signage plan and Oak Park Development to reduce in writing and present for council review next meeting to be held March 26, 1984. Seconded by Doerr. 4 aye votes. Carried. Mr. Michael Robinson from the Department of Transportation discussed the traffic problems at Highway #36 and Oakgreen/Greeley. He stated the: Department would do a speed survey (weather permitting) and possibly install double overhead lights. A petition signed by 2200 residents requesting lowering the speed limit was presented to Mr. Robinson. Many residents were in attendance and questioned Mr. Robinson at length. The Department stated they would respond within two months. Carufel, seconded by Doerr, moved to approve the minutes of February 13th and February 27th. 4 aye votes. Minutes approved. Doerr, seconded by Carufel , moved to adopt Resolution #84-3-7 approving the Mi441464 Croix -Watershed Management Organization Joint Powers Agreement and authorizing Acting Mayor and Clerk to sign same. Roll call vote with 4 aye votes cast. Resolution adopted. O'Neal, seconded by Doerr, moved to approve payment of bills presented and Treasurer' s report. Details available at Clerk ' s office. 4 aye votes. Carried. Carufel, seconded by O 'Neal , moved to advertise for street sweeping bids to be opened Monday, April 9, 1984 at 7:00 P.M. Completion date is May 18, 1984. 4 aye votes. Carried. Carufel, seconded by O' Neal, moved to schedule a public hearing for conditional use permit and subdivision on the request of Swager Bros. , for 18 four plexes at 57th St. and Osman Ave. No. Hearing to be held Monday, April 9, 1984 at 7:00 P.M. 4 aye votes. Carried. O' Neal, seconded by Carufel , moved to transfer $7500. 00 from contingency fund to general fund, general government, professional services. 4 aye votes. Carried. • Doerr, seconded by Carufel , moved to adjourn. 4 aye votes. Adjourned. • Vonne Wi son Administrator/Treasurer February 15, 1984 To: City Mayors and Township Chairmen Cities and Townships in the Middle St. Croix Watershed Re: Middle St. Croix Watershed Management Organization Joint Powers Agreement Enclosed is the final draft of the Joint Powers Agreement prepared for the purpose of forming a Watershed Management Organization. This draft incorporates the comments of the participating governmental units, to the extent that the representatives felt they were constructive to the purposes of the agreement. The major change that has been made since you reviewed the last draft agreement is the inclusion of a one-quarter mill levy limitation on the operating budget of the commission (Article 5.2). Other changes, all minor, .involved typographical errors and in Article 4.6, the citation of Mn. Statute 473.877. The representatives also wanted to ensure the power of eminent domain through the agreement. However, as I understand it, a commission formed by a joint powers agreement may not have powers beyond those of the par- ticipating governmental units. As two of the townships involved have not filed for the classification of urban township they do not have the power of eminent domain; therefore, the commission may not have the power of eminent domain. However, the townships could file for the urban town- ship classification in the future, and thereby gain the power of eminent domain, if need be. It should be noted that Stillwater Township has not had sufficient time to comment on the agreement. This is because it was only recently that we realized that some of the Township was in the watershed. If you find the joint powers agreement acceptable, please adopt the agreement by resolution at your March meeting. If you do not find the agreement acceptable, please contact me as soon as possible, as, by law we must have the agreement and boundaries finalized by the end of June, 1984. 1 Sincerely, c„-449/..-1( 4—.4tC/ Sandra L. Larson, Chairman Middle St. Croix Watershed Management Organization Telephone: 436-7436 Home 738-5303 Work • RECEIVED FEB 17 1984 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 (hereinafter referred to as "WMO" ) , each party realizes that the success or failure of t1-e 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, Chapter 509, Laws 1982 (Minn. Stat. 473. 875-473. 883) . . 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, promotes 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; and, WHEREAS , the parties have rejected the alternative of Minn. Stat. Chapter 112 because they, themselves , individually and collectively have broad powers which make possible the attainment of the purposes herein without establishing an additional taxing authority and without isolating decision making further from the electorate. 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 water storage and retention system in order to : a) Reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of run-off ; b) Improve water quality; c) Prevent flooding and erosion from surface flows; d) Promote ground water recharge ; • e) Protect and enhance fish and wildlife habitat and water recreational facilities, and -2- f) Secure other benefits associated with the proper management of surface water. 1 . 2 The boundaries of the Middle St. Croix River • Water Management Organization 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 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 ruh 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 plan management and erosion control systems; d) Protect and enhance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to lakes and streams; e) Undertake needed programs to promote ground water recharge ; 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; -3- 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 soil resource protection and water management in the area. The above descriptions are not intended to be exclusive or overly restrictive of the conservation plan of the program, but are rather intended to act as a guideline. ARTICLE II Definitions 2. 1 For the purposes of this agreement, the terms shall have the 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. 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, Subdivision 5. -4- 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 Watershed" Unless otherwise stated, means that area described and set forth in Exhibit I •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 year term and shall ,perve at the pleasure of the council appointing such Commissioner; and such Commissioner or Alternate may be removed by the council at any time with or without cause. The term of the first appointees shall begin thirty days after the execu- tion of this agreement and the term of each first appointee shall be as follows: Afton 1 year term • St. Mary' s Point - 2 year term . Lake St. Croix Beach - 3 year term Lakeland Shores 1 year term Lakeland - 2 year term West Lakeland Township - 3 year term . • -5- Bayport - 1 year term Baytown Township - 2 year term Oak Park Heights - 3 year term Stillwater - 1 year term Stillwater Township - 2 year term Following the appointment of the initial Commissioner(s) and Alternate(s) for the initial term specified above , all future appointments shall be for a 3 year term. 3. 3 Vacancies . A vacancy on the Commission shall be filled by the council whose membership position on the Commission is vacant. 3.4 Compensation and Expenses. The Commission member shall not be entitled to 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 it may be necessary to reasonably carry out the purposes of this agreement. All such officers shall hold office for a term of one •year 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 -6- shall be filled by the membership of the Commission by election for the remainder of the unexpired term of such office. • 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 held at the call of the Chair or by any member not giving less than 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) . 3. 8 Annual Meetings . At the first meeting of the Board and at the regular meeting in January of each • and every year thereafter the Board shall elect its officers as stated herein. At the organizational meeting or as soon • thereafter as it may be reasonably done, the Commission shall adopt reasonable rules of procedures and regulations governing its meetings. 3. 9 Commission Office . The office of the Commission shall be at: City Hall of Bayport , 294 North Third Street, Bayport, MN 55003. -7- 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. 10 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 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. 11 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 three-fourths ( 3/4) majority of the • Commission. Actions taken by the Commission to order projects or to assess members for improvements shall require a three-fourth ( 3/4) 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. -8- 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. 3 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 -9- 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. Upon completion of the plan, but before final adoption by the organization, the organization shall submit the plan for review and comment to all counties , soil and • water conservation districts , towns and statutory and home ' -' rule cities having territory within the Watershed. Any local government unit which expects that a substantial amendment of its local comprehensive plan will be necessary in order to bring the local water management plan into conformance with the Watershed Plan shall • describe, as specifically as possible, within its comments, the amendments to the local plan which• it expects will be necessary. Sixty days after submission to the local governmental units for comment , the organization shall submit the plan, any comments received, and ,any appropriate amendments to the plan to the Board of the County or Counties having territory within the Watershed. If the local governmental unit fails to complete its review and comments within the prescribed period, unless an extension is agreed to by the organization, the program shall be deemed approved. The County shall approve or disapprove projects in the capital improvement program which may require the provision of County funds pursuant to Section 112.60, Subdivision 2 , or Section 473. 883 of the Minnesota -10- Statute. The County shall have 60 days to complete its review of the Capital Improvement Program. . If the County fails to complete its review within the prescribed period, unless an extension is agreed to by the organization, the program shall be deemed approved. Review by the Metropolitan council and other state agencies as provided in Minnesota Statutes 473. 87.8 et seq. shall be followed by the Commission. 4 .4 After the adoption of the Watershed Management Plan, each local government shall prepare a local Water, Management Plan which must include a description of .the existing and proposed land uses ; definition of drainage areas , including volumes, rates and paths of storm water run-off ; identification of areas and evaluations for storm water storage ; description of water quality efforts which may be needed to implement the plan; . and an implementation program including official land use or development controls and a Capital Improvement Program, if needed. After consideration but before adoption by the governing body of each local unit, the local ,Watershed Management Plan shall be submitted to the Commission for review for consistency with the Watershed Management Plan adopted pursuant to Minnesota Statutes 473. 878 . The Commission shall approve or disapprove of the local plan or parts thereof. The Commission shall have 60 days to complete its review. In the event the Commission fails to -11- complete its review within the prescribed period unless an extension is agreed to by the local unit, the local 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 Minnesota Statutes 473. 877 and 112.43 ( 10) 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 therefrom 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 Uniform Municipal Contracting Law as set forth within Minn. Stat. 471 .01 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 -12- 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 Construction or Interpretation of the Water Management. Plan. The Commission, by a majority vote, shall determine such matters involving the construction and interpretation of the Water Management Plan. All such formal determinations as to any aspect of the Water Management Plan in interpretation or construction shall be reduced—to writing by the Secretary of the Commission and be annexed to the Water Management Plan following its passage; 4. 10 The Commission may appoint such committees and sub-committees as it deems necessary to gather information and make recommendations back to the Commission.. 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 -13- 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 Operating Funds . On or before August 1 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 . The budgets shall not, however, be in an amount greater than the equivalent of one-fourth of one mill levy on all real property within the Middle St. Croix Valley Watershed District. Any budget which exceeds such limitation must be 4pproved by all member councils. 5. 3 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 party as a percentage of the acreage of the entire Watershed; b) 20 percent shall be borne by each party based upon the assessed valuation of its area of the Watershed as a percentage of the assessed valuation of the entire Watershed; c ) 40 percent shall be borne by each party based upon population of its area of the Watershed as a percentage of the total population of the • entire Watershed area. -14- The budget shall be adopted by the Commission upon three-fourths majority approval of all voting representatives at the Commission. After apRroval , 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 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. 4 Annual Accounts . The Commission shall make a full and complete financial accounting and report to each council annually. All of its books , reports and records shall be available for an open examination by any member of the public at reasonable times to be established by the Commission at their office. j. ARTICLE VI Works of Improvement ,6. 1 Initiation of Improvement Projects . Works of improvement for the protection and managment 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 -15- • 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 sore 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 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 Commission has submitted the recommendation shall respond in writing within 90 days of the date of receipt of the recommendation. In the event the local governmental unit does not respond within 90 days of the date of receipt -16- the recommendation of the Commission, the local govern- mental 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 affirmatilve vote of three-fourths of the commissioners . Such public hearings shall be noticed and conducted in the manner established and set forth in Minnesota Statutes 429 .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 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 90 days of the date of receipt of the proposal for improvement, the Commission shall be • -17- . 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 governmentbto be • inconsistent with the. Watershed Management1Plan 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 Plan Tax District in the area within the Watershed Management Organization for the . purposes of paying the cost of the planning required to develop a Surface Water Management Plan. After a Watershed Management Plan is adopted and approved, a tax district shall be established for the purpose of paying capital cost of projects described in the plan. The tax district shall be established by ordinance adopted after a hearing by the local governmental unit following the provisions of Minnesota Statutes Chapter 509 , Section 473.882. -18- 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 of Minnesota Statutes 429 .061 , 429 .071 and 421 .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 Commissiionrdeems 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. _19_ . 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 30 days notice in writing of each governmental unit, the board shall hold a hearing and upon a favorable vote by 3/4 of all the eligible votes of the then 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 3/4 of the governmental units within 60 days , ,said board shall dissolve the Commission allowing a re?sonable 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 budet. 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. -20- ARTICLE X Organizational Meetings After notice of the effective date has been issued, a date will be set for the Board' s first meeting. • Said meeting shall take place within 60 days after the effective date of this agreement. ARTICLE XI 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 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 . • -21- r 1 • r 4 • CITY OF LAKELAND By Mayor SEAL: Dated: ATTEST: City Clerk CITY OF WEST LAKELAND TOWNSHIP By Mayor SEAL: Dated: ATTEST: City Clerk CITY OF BAYPORT By Mayor SEAL: Dated: ATTEST: ' City Clerk CITY- OF BAYTOWN TOWNSHIP By Mayor SEAL: Dated: ATTEST: • City Clerk • CITY OF OAK PARK HEIGHTS Mayor SEAL: Dated: 3/,, ,. r y City Clerk CITY OF STILLWATER By Mayor SEAL: Dated: ATTEST: City Clerk CITY OF STILLWATER TOWNSHIP By Mayor SEAL: Dated: ATTEST: 1 City Clerk RESOLUTION NO. 83-6-22 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE CREATION OF TIIE MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION. WHEREAS, the 1982 Metropolitan Surface Water Management Act requires the creation of a Watershed Management Organization to plan for water management in the southern part of Washington County, and WHEREAS, the Act provides three different methods for creating an organization. NOW, THEREFORE, BE IT RESOLVED that it is the intent of the City of Oak Park Heights to form a Water Management Organization for the Middle St. Croix Watershed via a Joint Powers Agreement with other effected Communities/Townships, and • BE IT FURTHER RESOLVED, that this resolution be a formal request to the Water Resources Board asking for preliminary review and comments on the Preliminary boundary developed for the Middle St. Croix Watershed. Passed by the City Council of the City of Oak Park Heights this 27th day of June, 1983. g4L&77411 Mayo Attest : La Vonne Wilson , Administrator/Treasurer , 49;1 Minnesota Pollution Control Agency ‘400:>" March 21, 1983 TO INTERESTED PARTIES: Attached is the revised environmental assessment worksheet (EAW) on the Marine-on-St. Croix Service Area 2 (Washington County combined communities) Waste Water Treatment Project. (The initial EAW on this project was distributed in November, 1982 and was later withdrawn due to proposed project changes. ) The EAW was prepared by the Minnesota Pollution Control Agency (MPCA) and is being distributed for a 30-day review and comment period pursuant to 6 MCAR §3.027. The comment period will begin the day the EAW availability notice is published in the Environmental Quality Board Monitor. Comments received on the EAW will be used by the MPCA in making its evaluation of the potential for significant environmental effects from this project and its decision on the need for an environmental impact statement. Itis anticipated that the MPCA Board will consider this matter at its May meeting. Sincerely, Deborah R. Pile Acting Director Office of Planning & Review DRP:es Attachment 3 )A) L5:5P'lq • Phone: (612) 296-7216 1935 West County Road 82, Roseville, Minnesota 55113-2785 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer E. R. I (filled in by EQB) • ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) March, 1983 (revised) NOTE TO REVIEWERS: Written comments should address the accuracy and completeness of the EAW information, potential impacts that may warrant investigation and/or the need for an EIS. Such comments must be submitted to the Responsible Government Unit (RGU) during the 30 day period following notice of the EAW's availability in the EQB Monitor. Contact the EQB (612/296-3985) or the RGU to find out when the 30 day comment period ends. INSTRUCTIONS: Guidelines for assisting in completion of this worksheet may be obtained from EQB. Provide all information which is reasonably accessible. Attach additional sheets if necessary. EXPLAIN ALL ANSWERS. (Washington County combined 1. Project Name Marine-on-St. Croix Service Area 2 communities) Washington County/Marine- 2. Proposer on-St. Croix 3. RGU MN Pollution Control Agency Contact Person Bob Bieraugle Contact Person Clifford Anderson Address 14900 - 61st Street North Address 1935 West County Road B2 Stillwater, Minnesota 55082 Roseville, Minnesota 55113 Phone (612) 439-3220 Phone (612) 296-7215 4. Project Location: NW 1/4 NW 1/4 Section 6 Township 31N Range 19W a. County/Name Washington City/Township(s)/Name Marine-on-St. Croix b. Attach each of the following to the EAW: • 1. a county map showing the general area of the project. Figure 1 2. a copy(ies) of USGS 742 minute, 1:24,000 scale map or other maps, diagrams or aerial photos which clearly indicate the specific boun- daries and topography of the project site. Figure 2 3. a site plan showing the location of significant features such as pro- posed structures, roads, extent of floodplain, wetlands, wells, etc. • 4. an existing land use map, and if available, a zoning map of the immed- iate area. 5. Describe the proposed project (what will be done and how long it will take). The project is a decentralized wastewater treatment facility consisting of a community drainfield and on-site residential wastewater treatment system upgrades. See Attachment, Item 5, for further details. 30,000 gpd. 6. Reason for EAW preparation: System capacity in excess of MEQB Rule #6MCAR 3.038.q. 7. Estimated construction Cost $1,102,000 (community collection and drainfield system) $ 327,000 (on-site upgrades) 8. Total project area (acres) 7 or length (miles) N/A (drainfield only) 9. Number of residential units N/A or commercial, industrial, or institu- tional square footage (if applicable) N/A 10. Number of proposed parking spaces N/A 11. List all known local, state and federal permits/approvals/funding required: Level of Government Type and # of Permit Status State: MDNR Protected Waters Permit not applied for -- - MPCA Disposal System Permit applied for Local: City Building, sewer pending 12. Is the proposed project inconsistent with any: x No Yes a. adopted land use ordinances? b. adopted comprehensive land use plans? x No '-fes c. state or federal resource/mangement plans? 7F-No —lies If yes, explain: 13. Describe current and recent past land use and development on and near the site. The community drainfield is presently utilized as pasture. See attachment, Item 13, for further details. 14. Approximately what percent of the site is in each of the following categories? (Percentages should total 100% before and after construction) NOTE: Percentages are for drainfield only. Before After ---"fBefore After % Forest/Wooded — '� S Urban vacant _ Brush -----% Wetland (types 3-8) Grassland o loo Impervious Surface _____t Cropland —'t t Other(Specify) 15. Describe the type and location of soils on the site map. Give the SCS soil classification types, if known. Soils at the drainfield site are generally porous and well drained. Those in the City proper are characterized by shallow bedrock. See attachment, Item 15, for further details. 16. Does the site contain peat soils, steep slopes, sinkholes, shallow limestone formations, abandoned wells, or other geologic hazards? No x Yes Explain: The site contains shallow bedrock, steep slopes, and springs. See attachment, Item 16, for further information. 17. What is the approximate depth (in feet) to: (see attachment, Item 17.) Drainfield site: a. groundwater83' mi n. 83'vg. b. bedrock39' min. 45' avg. 18. Does any part of the project include: No x x Yes a. Shoreland zoning district? — Yes b. 100 year floodplain? —No o -nesc. Wild and scenic river districts? _. Identify water body and shoreland classification: St. Croix River. See attachment, Item 18. 2. .19. Describe any physical alteration (e.g. dikes, excavation, fill , stream diversion) of any drainage system and/or lake, stream and wetland. Estimate quantity of ,, material to be dredged and indicate where spoils will be deposited. The proposed collection system crosses Old Mill Stream. For discussion, see attachment, Item 26. 20. Will the project require an appropriation of ground or surface water? No Yes Explain (Indicate quantity and source): — 21. Will the project affect: a. surface water quality (on or off the site)? No Yes b. groundwater quality (on or off the site)? c. groundwater levels in any wells (on or off the site)? --No '-Yes es Explain both during and after construction including any discharges expected. Surface and ground water will be impacted. (See attachment, Item 21, for details.) 22. What type of waste water treatment will be used? x municipal individual (on-site) other Describe type oUfreatment system and amount treated in gallons/day. Show loca- tion of non-municipal systems on a site map and the results of percolation test if warranted. Indicate if pre-treatment measures will be used. The project is a community waste water treatment system. 23. Describe and indicate on a site map the provisions to control erosion and storm- water run-off. Include size and location of any retention basins, and discharge point(s). Erosion will be controlled by returning excavated areas to vegetative cover as speedily as possible. Sedimentation will be controlled through installation of hay bales and temporary mulching. These control measures will be used both at the drainfield site and along the route of the collection system. 24. Will the project generate: a. air pollution? x No Yes b. dust? —)do des c. noise? —Wo 7E-Yes d, odors? x Flo —'Yes Explain both during and after construction, identify distances IT noise sensitive land uses, and quantity and type of air pollutants. Some dust and noise will be generated during construction. (See attachment, Item 24.) 25. Describe the type and amount of solid and hazardous waste that will be generated and the method and location of disposal: Septage will be generated from individual septic tanks and will be disposed of in accordance with MPCA's sludge management rules, 6 MCAR 114.6101 through 4.6136. 25. Will the project affect: a. fish or wildlife habitat areas? No xYes b. an endangered, threatened or protected species? x o 'Yes c. movement of any resident or migratory animals? 17-No —"Yes Explain (Identify species and describe impact): (See attachment, Item 26.) 3. 27. Do any historic, archaeological or architectural resources exist on or near the project site? x No _Yes _ , See attachment, Item 27. Will they likely be impacted by construction of the project? Explain and indicate general location on the site plan map. x No Yes 28. Will the project cause the impairment or destruction of: No Yes a. designated park or recreation areas? a--No -Yes b. prime or unique farmlands? a..�o —'Yes c. ecologically sensitive areas? '�-do —Yes d. scenic views and vistas? "')Io -"Yes e. other unique resources (specify)? _?c. Explain: Old Mill Stream (also known as Mill Pond Stream) will be crossed twice by the collection system. For discussion, see attachment, Item 26. 29. What roads will receive increased traffic? (For Forteach ichtroroad dyindicate atejthe.total ADT and increase in average daily traffic (ADT) ) None. 30. Are adequate energy sources and utilities now available to service the project? No .Yes If not, what additional utilities will be required? SUMMARY OF ISSUES List the issues (if any) as identified by "yes" answers above. Discuss alternatives and mitigative measures for these issues. See attachment for the Summary of Issues. CERTIFICATION BY RESPONSIBLE GOVERNMENTAL UNIT I hereby certify that the information contained in this document is true and correct to the best of my knowledge and that copies of the completed EAW have been made available to all points on the official EQB distribution list. Signature 11�a1a' Title Acting Director, OPR Date March 21, 1983 4. j 1r.. ,, -� - , ,\ A-iiiifinio:! - i s4,'Q e ►,,� , Num �.: r•.,A • MOM MINI gro..11 luvi_. •w ���- S!. 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CReux R.9ER 73 1 0 I CV , r+ .P► y VI (') n '1 '. 0% O w x i ki e BEDROCK TOPOGRAPHY. Figure 5 • + `' 1 .I I N I �.M 1 1 014.1 Mtj \s, e.4 i • i s- i i1/4 Nb-aw, il 1 vik),-, v ).- ).- r. i 4 ' i ` \ ® .. I1J Etiros =r , NAM !1u ` o r! I % 1 . t 1 \ , ?.,0 \ . • 4 0. -ilk' 1 - . \ 2' .i ... .liclii: ito 1 sr 4110 :1.. .10- ,\ e4 ad* \ -oksa i.• vw 9 C6 7 7,: Ni'\ \ , e f 'Q i \.\. .t v•arimor.,.._` • •• 7:•' ..-� 1 $ Ogg:;_ • tot adz ow • ) •-• .,.. .' . ! _ i r. 74 4 a . m' Vt . , _ i 1 t1: • " ; •'r Fs�MI fN el. - 4411 troZ.IP._?.=tall:frS .4 A ..:4 . ,........:I37.1.717;1. r• . �� ' • +N�k.!Mi • RESIDUAL GRAVITYCONTOUR MAP I.0 Surface Surface Elevation • MARINE TREATMENT SITE To ra h 0. Fog P Y , ea Gravity el is m a. Bedrock Station NumberIt Topography A II —y U. loo f+ ATTACHMENT Marine-on-St. Croix PAGE 1 LAW, March 1983 (Revised) 5. Describe the proposed project. The project consists of a community drainfield (soil absorption system) and a sewage collection system consisting of septic tanks and gravity (4") and pressure collection lines. The system will serve 109 residences, 8 commercial facilities and a school , all in the more densely developed portion in the city of Marine-on-St. Croix. Design flow is 31,000 gpd. Some individual on-site treatment facilities in the outlying areas of the city will be repaired or replaced. The community drainfield will occupy a five-acre site north of town. (See Figures 3 and 4). Project need was established in Volumne 1 and 2 of the Facility Plan, entitled "Needs Determinations for Washington County Joint Communities," dated May, 1982. Need was identified on a house-by-house basis and was reviewed and approved by the Minnesota Pollution Control Agency (MPCA) Technical Review Section. A total of 255 systems were studies in the area. Of these 64 were found to have direct evidence of failure. This include; 8 occurrences of surface erruptions of sewage, 6 occurrences of the discharges, 4 occurrences of sewage backup, 41 occurrences of full dry wells and 5 innundated systems. The occurrence of a full dry well , indicates a direct connection with groundwater or an imminent failure. Another 74 systems had sufficient indications of potential for malfunctioning that they were determined to be failures. The next step in the project will be the preparation of plans and specification. These will be prepared in accordance with applicable rules (WPC-40, Washington County on-site sewage treatment ordinance, federal reliability criteria, etc. ) and they will be reviewed by the MPCA to ensure that the design will meet the requirements of the State Disposal System permit. • The large drainfield will require approximately 25,000 ft2 of drainfield surface area. The design will include surface area capacity in addition to this amount to allow for the resting of a part of the system. There will be a stilling tank prior to the drainfield. 13. Describe current and recent past land use and development on and near the site. The proposed community drainfield site is presently utilized as pasture. The site is located on the south end of the 1} mile long north-south ridge to the north of the city. North of the site, the open ridge crest continues for } mile until the wooded north end of the ridge is encountered. To the east, a sharp, 50' wooded embankment, a } mile long, mixed wooded and open terrace (traversed by State Highway 95), another steep (80' ) drop, a second level terrace, and a 30-foot embankment are encountered on the way to the St. Croix River. Immediately south of the site, the ridge terminates in broken, wooded terrain which blends into the north edge of the city. To the west is the northern reach of the valley of Old Mill or Mill Pond Creek. The valley is about mile wide and variably wooded. Further west is the St. Croix River valley rim, rising 200 feet above the valley floor (see Figure 2). ATTACHMENT Marine-on-St. Croix PAGE 2 EAW, March 1983 (Revised) 15. Describe the type and location of soils on the site map. Soils at the proposed drainfield site are Rosholt sandy loams (1-6% slope), and are underlain by approximately 40 feet of unconsolidated sand and gravel with occasional boulders and cobbles. Soils within the city are primarily of the Urban Land-Copaston complex (0-8% slopes). This soils type is characterized by shallow bedrock, and may present problems to construction (bedrock excavation) of collection systems resulting in increased costs. Also within the city are soils of the Mahtomedi Variant-Rock outcrop complex (25-60% slopes) and the Dorerton-Rock outcrop complex (25-65% slopes). These complexes will be crossed in some areas by collection system and forcemain routes. (This information was obtained from the Soil Survey of Ramsey and Washington County, Minnesota, 1980, and verified at the drainfield site by soil borings). 16. Does the site contain peat soils, steep slopes. ..? Shallow limestone formations (not karst) are found throughout the city. Rock outcrops and steep slopes are found in areas of the Mahtomedi variant rock outcrop complex and the Dorerton rock outcrop complex. Bedrock proximity and steep slopes are not a feature of the drainfield site. 17. What is the approximate depth (in feet) to ground water and bedrock? Bedrock surficial profiles in the vicinity of the drainfield site were estimated by a gravimetric survey and verified by soil and bedrock borings. Depths to ground water were determined by one bedrock boring. Depths to ground water and bedrock at the community drainfield site are 83' and 45' respectively. The depth to bedrock within the developed portion of the city is very shallow, and bedrock is frequently exposed. Depths to the water table in most of the city are greater than six feet based on the Soil Survey of Ramsey and Washington Counties. Springs are frequently encountered on hillside areas. 18. Does any part of the project include. ..? The drainfield site lies outside shoreland, scenic river, and flood plain areas. The collection system service area will , however, include portions of same. New Scandia and May Townships have adopted the Washington County Shoreland Management and Floodplain ordinances, as has Marine-on-St. Croix. The project is consistent with these ordinances. 21. Will the project affect. ..? a. and b. Current operation of individual systems in shallow soils over bedrock allows direct contamination of the Franconia aquifer. For those systems located closer to the St. Croix River, the Ironton- Galesville ATTACHMENT Marine-on-St. Croix PAGE 3 EAW, March 1983 (Revised) formation is the aquifer that is being impacted. Groundwater flow is toward the river. Drainfield systems are presently impacting shallow wells downgradient from them. The proposed drainfield system would eliminate existing multiple sources of contamination. By the nature of its location and construction, its impacts would be limited to several shallow wells and springs, used for water supply, downgradient of the proposed site. Impacts on future development can be limited by zoning, and requiring construction of deep wells or alternative water supplies. A gravimetric survey was conducted over the proposed drainfield site to determine if there were any significant anomalies underlying the area. It was determined and verified by borings and corings that a shallow bedrock valley exists in the western half of the ridge on which the drainfield site is located. A total of five soil borings and rock corings were performed over the area. These data indicate some variability in the bedrock surface (See Figure 4). Further evaluation was made of the eastern side slope. Slopes were estimated along with three additional soil borings to determine the thickness of soil overlying bedrock. Upon collection and analysis of the above data, this site was selected. No -N in the treated effluent from the proposed drainfield will leave the drainfield trenches at approximately 40 mg/liter. The treated effluent will move vertically through approximately 39-49 feet of unconsolidated sand and gravel and weathered dolomite-silt stone. When the effluent reaches the relatively impermeable bedrock surface (St. Lawrence formation) it will move predominantly eastward following the contour of the bedrock surface. Some of the treated effluent may move to the northwest or west and then travel southward. However, the amount will be relatively small because the bedrock surface dips to the east. Some flow will continue to move vertically through fractures in the St. Lawrence and eventually encounter the phreatic surface in the Franconia formation. A large portion of the flow is expected to travel eastward in a horizontal and vertical fashion. Depending on the extent of the St. Lawrence formation, flow will move predominantly through the loam-textured soil overlying the bedrock at the base of the east bank of the elevated area on which the site is located. Where the St. Lawrence is not present, an increased amount of flow will move vertically into the Franconia formation (See Figure 4). Eventually, the flow in the overlying soil above the bedrock will move vertically into the Franconia. Some of the flow in the Franconia will emerge in springs at approximately 60-70 feet above the river elevation, and then flow as surface water to the river. ATTACHMENT Marine-on-St. Croix PAGE 4 i EAW, March 1983 (Revised) It is difficult to determine the amount of dilution that would occur due to the flow regime in which the system is proposed. However, even if no dilution were to occur, the impact would be limited to 7-8 residents within } mile who are downgradient of the proposed site. The project will impact the groundwater in the vicinity of this drainfield site. However, by removing and adequately treating the wastewater, the impacts associated with the existing failing systems in the City of Marine-on-St. Croix will abate and eventually result in a reduced level of groundwater contamination. 24. Will the project generate. ..? Dust and noise will be generated during construction at the drainfield site and collection system route. The nearest receptor to the drainfield is 1/8 mile to the south. Noise impacts may be controlled by limiting construction to daytime hours. Dust will be controlled by prompt revegetation of the site and other appropriate dust suppression methods. 26. Will the project affect. ..? Old Mill (or Mill Pond) Creek has been designated as a trout stream by Minnesota Department of Natural Resources (DNR) , which indicates the stream provides good trout habitat and supports natural reproduction of brook trout. This stream will be crossed at two points; at Broadway and Rose, and at 4th street. A protected waters permit from the DNR Division of Waters will be required for the crossings; these permits will include specific mitigative requirements appropriate to the prevailing conditions and proposed actions. 27. Do any historic, archaeological.. .? • Burial mounds, habitation sites, and petroglyphs are known to be found within a 3-mile radius of the proposed site. The State Historical Preservation Officer (SHPO) has been consulted, and has not requested a preliminary field survey of the drainfield site. By previous agreement between the SHPO and the county, the SHPO will be consulted during preparation of plans and specifications for the collection system. Marine-on-St. Croix is also listed as a Historic District on the National Register of Historic Places. Construction of the collection system and on-site upgrades is not expected to impact the structures which comprise this District. The SHPO will also be consulted during the construction process, relative to collection system routing. SUMMARY OF ISSUES 1. A stream crossing will be made at two locations along Old Mill Stream (also known as Mill Pond Stream) at Broadway and Rose, and at 4th Street. Crossing will be made in accordance with a Minnesota Department of Natural Resources Public Waters permit, which will stipulate construction method ATTACHMENT .Marine-on-St. Croix PAGE 5 EAW, March 1983 (Revised) and required mitigation. All appropriate measures to protect the water quality and fisheries resources of these streams will be implemented on this project. 2. Flood plains, shoreland, and Wild and Scenic River areas are included in the area served by the collection system. This system will not impact these areas after completion of construction, nor will it preclude goals of management programs recognized for these areas. The drainfield is located outside these areas. 3. Groundwater impacts (as discussed in item 21) may result in the contamination of surficial aquifer wells and springs (7-8 residences), within i mile of the site. As part of Step 4 (the preparation of plans and specifications and construction) , which must be approved by the MPCA, a User Charge System and Sewer Use Ordinance are required. These documents may include provisions for the financing of any repairs to or replacement of individual water supply systems which have been shown to be impacted by this contamination. A monitoring program, including "base-line" measurements of contaminants, will be required as a condition of the State Disposal Permit issued by MPCA. A Step 4 grant offer will not be made by MPCA unless 3resolution by the City is submitted which addresses the abave concerns. The potential impacts are further mitigated by the reason for the project itself. Over 50% of the systems in the area were found to be failing and will be replaced by this project. This will result in an overall improvement in localized surface and groundwaters which will combine to offset a limited, potential , adverse impact as discussed. 4. Construction-induced erosion will be controlled by use of hay bales, mulches, sodding, and terracing as necessary, and is stipulated in Step 2 Plans and Specifications which are subject to the approval of the Minnesota Pollution Control Agency. 5. At the beginning of this project a site search was instituted. This process involved looking at the surrounding area to determine the best site for a drainfield system. Sites to the west of town were excluded due to the areas being predominantly low and wet (a trout stream runs to the west and south of town). South of town there are not many flat, high areas without a higher extensive degree of residential development. To the north of the site is state park land. It would be preferrable to not place the system in parkland and very little benefit would be gained by moving north since the same impacts to wells would apply. CITY OF BAYPORT BAYPORT, MINNESOTA 55003 WASHINGTON COUNTY Council Meets the First Monday of Each Month-7:00 P.M. 612/439-2530 January 21, 1983 City of Stillwater West Lakeland Township City of Lakeland /City of Oak Park Heights City of Afton City of Lakeland Shores Baytown Township City of Lake St.Croix Beach City of St. Mary's Point To: City Councils and Township Boards of above: The State Legislature recently passed a law (MN. Stat. Ch. 509) dealing with surface water management in the Seven-County Metropolitan Area. This bill was known as the Levi-Merriam bill. The law requires that organization of secondary watersheds be com- pleted by cities and townships by December 31, 1983. The City of Bayport is in the Middle St. Croix River watershed together with Stillwater, Oak Park Heights, Baytown, West Lakeland, Lakeland, Lakeland Shores, St. Croix Beach, St. Mary's Point, and Afton. Out City Engineer has suggested that we consider meeting with the cities and townships mentioned above to discuss whether or not it is desirable to organise the watershed under a joint powers agreement. The alternative is to let Washington County organize the watershed. If this is a matter that could be of interest to you, our Engineer will be glad to assist in setting up the initial discussion meeting. 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