Loading...
HomeMy WebLinkAboutBrown's Creek .NG0/V WASHINGTON COUNTY James R.Schug 1 -��I_ OFFICE OF ADMINISTRATION county Administrator GOVERNMENT CENTER --------Virginia Erdahl 14900 61ST STREET NORTH•STILLWATER,MINNESOTA 55 r y © \%' � j 'j t Deputy Administrator 'r0"yn�,. O�Pj 612-430-6000 Facsimile Machine 612- , e 7 ` ----- June 18, 1998 JUN 19 1998 TO: City/Township Clerks of: Grant Stillwater Hugo Baytown Township Lake Elmo May Township Oak Park Heights Stillwater Township On May 27, 1998,the Minnesota Board of Water and Soil Resources amended the terms of office for the first board of managers of the Brown's Creek Watershed District to one year. The terms of office for the next board of managers appointed by the Washington County Board will have terms of: One for one year; two for a term of two years; and two for a term of three years. Board Managers currently serving one year terms are: Jon Michels, Stillwater,Ned Gordon, Stillwater,Daniel Potter, Grant, Craig Leiser, Grant and Karen Killberg,May Township. These terms will expire on October 21, 1998. All of the current managers are interested in being reappointed. State statute provides that the County Board may select watershed district managers from lists of nominees submitted by the municipalities that are wholly or partially in the watershed district. Such a list may be submitted to the County at least 60 days prior to the expiration of the term of office of a manager. If no list is submitted,the County Board will then proceed to appoint a manager through its open appointment process. In either event, the County Board shall make its appointment 30 days prior to the term expiration. If you wish to submit a list of nominees for consideration or wish the incumbents to be considered for reappointment, your joint or separate list should be sent to me prior to July 31, 1998. A copy of the County's watershed application form is enclosed. Please duplicate it as necessary. I've also attached information on the duties involved in serving on a watershed district board of managers. Thank you for your assistance in filling these important watershed positions. Sincerely, Patricia A. Raddatz Administrative Assistant /pr cc: County Board of Commissioners Jim Schug, County Administrator Brown's Creek Watershed District Board of Managers Enclosure �1 Printed°"Recycled Pew EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION Jt • WASHINGTON COUNTY APPLICATION FOR APPOINTMENT TO WATERSHED DISTRICT Watershed District MISR 'IV INSTRUCTIONS: 1. Please see the back of this form for a list of Watershed Districts and the Cities and Towns located in each district. Write the name of the Watershed District you are applying for in the space above. 2. Pursuant to MN Chap. 13, all information requested, except as identified on the bottom of the back of this form, is public information. (Please Print) NAME: Last First Middle ADDRESS: Street City State Zip IF YOU RESIDE IN A TOWNSHIP, PLEASE LIST: LIST EXPERIENCE, EDUCATION OR SKILLS THAT YOU HAVE THAT WOULD RELATE TO THE RESPONSIBILITIES OF A WATERSHED DISTRICT MANAGER: AVAILABILITY:WOULD YOU BE ABLE TO ATTEND REGULAR WATERSHED DISTRICT MEETINGS AND TAKE AN ACTIVE ROLE ON THE BOARD OF MANAGERS? ELIGIBILITY:DO YOU HOLD ANY FT FCTED OFFICE,OR ANY APPOINTED POLICY-MAKING POSITION WITH THE COUNTY,STATE, OR FEDERAL GOVERNMENT? IF SO,PLEASE DESCRIBE: ORGANIZATIONAL EXPERIENCE: PLEASE DESCRIBE ANY EXPERIENCE YOU HAVE IN SUPPORTING OR DIRECTING A COMMITTEE,ASSOCIATION, BOARD,COOPERATIVE, COMMISSION, CLUB, OR OTHER GROUP: NATURAL RESOURCES BACKGROUND: PLEASE DESCRIBE ANY INVOLVEMENT OR SPECIAL INTEREST YOU HAVE HAD IN WATER, SOIL, FISH AND WILDLIFE,RECREATION, OR OTHER NATURAL RESOURCES ISSUES. . What is a Watershed District? A Watershed District is a special purpose local unit of government. It is established for the purpose of managing water resources. It is different from all other local government units in that its boundary is determined by the natural divide that defines the drainage basin of a river, stream, or a lake, rather than the political boundaries of townships or counties. There is no maximum or minimum size set for watershed districts. By law, districts have been established for relatively small watersheds, as well as very large ones, such as the Red Lake Watershed District, which encompasses more than 6000 square miles. The Watershed Act allows districts to act on a broad range of water problems. Some of these include drainage and flood control, lake management, soil erosion and sedimentation,water quality, groundwater management, water supply, and floodplain management. W tat a e t - re u in i .ili 'e i Wate hed Di ict :u hi • ? The Watershed Act provides districts with authorities needed to manage water resources. Some of their responsibilities are as follows: • To develop the Watershed Management Plan • To investigate-and undertake water management improvement projects • To act as grant-eligible body for the application for and administration of state and federal grants • To adopt rules to regulate activities that can cause water-related problems • To acquire property needed for improvement projects • To assess properties benefitted by improvement projects • To exercise limited authority to levy taxes to finance district operation establishment petitions have been submitted by counties, rather than cities or landowners. When a petition is tiled, B.W.S.R. is required to conduct a public hearing within the area of the proposed district to receive comments on the proposed district. In order to establish a district, B.W.S.R. must find that the proposed district would serve the purposes of the Watershed Act. Watershed Districts and the Watershed Management Plan The first responsibility of a new district is to prepare a watershed management plan. A watershed management plan must be written before the district can carry out any projects. This plan must describe existing and potential water problems in the district, describe possible solutions, and define the general objectives of the board of managers. The board of managers is required to appoint a local advisory committee to assist it in putting together the watershed management plan. The Board of Water and Soil Resources is required to conduct a public hearing on the watershed management plan before it can be put into effect. w d, tate and ederal law and reau ati in ass v to' W e whet Districts? . Watershed Districts are not exempt from other state and federal laws and regulations. It is important to realize that although the Watershed Act provides the district with a number of authorities to deal with local water management, the districts' actions must be consistent with other applicable laws and rules. For example. if a district is going to carry out a lake level control project, the district would need to obtain a permit from the Minnesota Department of Natural Resources to install a lake level control structure, the same as any other local unit of government or individual. There are common misconceptions about this. solutions to water problems. For example, once a district's Watershed Management Plan is in place, landowners can petition the board of managers for any type of project that conforms to the plan. This flexibility makes it possible for a district to become involved in just about any type of project that may be needed to alleviate a local water problem. It is important to remember that watershed districts are not the sole managers of water resources. Counties also have many authorities relating to water management and certainly are capable of doing what a watershed district can if they are motivated and have the necessary support with adjoining counties. s:lwatershe.wpd B.W.S.R. N. &CLOSURE 7 L4 ater ItgalVrg • Juis lis Plii , • THE BIRTHPLACE OF MINNESOTA � �-----------_____ June 30, 1998 Brad Digre Northwest Associated Consultants 5775 Wayzata Blvd Suite 555 St. Louis Park MN 55416 Dear Mr. Digre: A review of the proposed Comprehensive Plan Amendment/MUSA Amendment indicates an absence of storm water considerations and runoff management policy. Most of the runoff from the Comprehensive Plan MUSA expansion area flows north under TH 36 to Long Lake and eventually to Brown's Creek, a protected trout stream. The increase in and warming of water as it enters into the stream is of critical concern to the trout habitat. Urban density development in the MUSA expansion area will impact lake and wetland resources. The City of Stillwater has prepared an alternative urban area wide review(AUAR)of the subwatershed impacts on Long Lake and Brown's Creek. The AUAR suggests mitigation measure that the City of Stillwater as well as other contributing watershed jurisdications should implement to minimize impacts and protect Brown's Creek. I have attached the section of the AUAR that is of particular relevance to the proposed MUSA urban expansion. ft would seem appropriate for the Comprehensive Plan to include a discussion of the condition of Long Lake and Brown's Creek,the receptors of runoff from the MUSA expansion area. The discussion should also include measures that the City of Oak Park Heights will require and implement to share in management of the watershed and to minimize the impact on Brown's Creek. I feel the absence of drainage consideration and watershed impacts is an oversight in the amendment report and should be included. Thank you for the opportunity to comment on the MUSA/Comprehensive Plan Amendment. Sincerely, S eve Russell Community Development Director Attachment cc: John Larson-Met Council Mark Doneux- Brown's Creek Watershed District III / Thomas Melena- City Administrator, Oak Park Heights CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 • Stillwater AUAR Mitigation Plan 5/6/97 4 • 2.0 Brown's Creek and its Tributaries Brown's Creek and its tributaries within the Annexation Area are classified as Trout Waters (MN Rules 7050.0420). Upper portions of Brown's Creek above the Stone Bridge are considered marginal trout habitat. Brown's Creek has been ranked as one of the six highest priority trout streams in the Metro Region. Brown trout are stocked in the stream at catchable size for recreation purposes. Natural reproduction of trout in the stream is limited. Fishing pressure on the creek is heavy, due to its accessibility to Metro Area anglers, including mobility-restricted anglers. The presence of Brown trout in the stream is an indicator of high water and habitat quality, these conditions also help to support a valuable assemblage of rare species and communities that survive in the Brown's Creek Ravine. The City of Stillwater has proposed a set of goals and strategies in this section to maintain the water quality and hydrologic regime of Brown's Creek, to maintain the health of trout habitat and natural communities in the Ravine as development occurs in the Annexation Area. Goal 1: Protect and Maintain the Current Quality of Surface Water Inflows to Brown's Creek. PROTECTION STRATEGIES: • 1. Implement the plan to divert discharge from Long Lake and stormwater runoff from the Annexation Area and Grant Township (south of the Minnesota Zephyr railway tracks) to the wetland north of McKusick Lake. Reconfigure the outlet at the north end of Long Lake to maintain the lake at a normal elevation of 889-890, and direct flows north through the existing drainageway to the McKusick wetland. Reconfigure this drainage ditch to a stream channel form, which will be more stable than the ditch. Remove the current dike at the north end of McKusick Lake, and build a new dike at the north end of the wetland, to create a basin to hold the entire runoff from the Long Lake and the Annexation Area up to a 2.5-3.0 inch rainfall event (occurs approximately every 3 years in this area). (Monitoring protocol described in#9 below.) Responsible parties: City of Stillwater,Minnesota DNR Regulatory program: DNR Outlet Permit No. 76-6047,Wetland Conservation Act Implementation time frame: City will complete a feasibility study of this diversion strategy by August, 1997 (the conclusion of the AUAR). The study will include a cost estimate and recommendations for equitable distribution of costs for implementing the diversion strategy. The city will implement the diversion based on results of the study. • Stillwater AUAR Mitigation Plan 5/6/97 5 2. Implement the Stormwater Management Study for the Annexation Area developed • p dasapart of the AUAR, that emphasizes the protection of water quality in Brown's Creek, and sets forth criteria for the design and performance of stormwater detention basins to reduce peak flows into McKusick Lake and Brown's Creek. Identify and implement opportunities for regional stormwater detention basins within the Annexation Area and in surrounding communities that drain through the Annexation Area to Brown's Creek. Responsible parties: City of Stillwater,Washington County/Browns Creek WMO, Stillwater Township, surrounding cities Regulatory program: Minn. Statutes 103B.235 and Minn. Rules 8410 Implementation time frame: Design and construct detention facilities as development is proposed. 3. Developers should work with the City of Stillwater to identify and implement strategies to infiltrate and detain stormwater to reduce runoff to surface waters and increase infiltration. A variety of strategies may be implemented to meet stormwater management goals to protect or improve the quality of runoff to Long Lake, McKusick Lake and Brown's Creek by reducing peak flows from developed areas. Peak discharge rates for 2, 10, and 100-year rainfall occurrence conditions from any development area should be maintained at less than or equal to pre-development conditions. •The City of Stillwater may consider modifications from its Subdivision Ordinance through its design review process for the following: a. Reduce street coverage • Reduce residential (local access) street widths and lengths. • Use "T" cul-de-sacs or establish vegetated islands designed to hold stormwater. b. Design and locate buildings to reduce impervious surfaces and retain infiltration areas • Use cluster development that maintains open space and minimizes impervious surfaces. • Reduce front setbacks to reduce driveway length. • Maintain vegetated swales or detention areas between back lot areas to infiltrate and route water. c. Reduce parking areas • Encourage cooperative parking • Use parking standards that reflect average parking needs instead of peak day projections. d. Private developers in the Annexation Area may also chose to implement the following: • Provide infiltration areas • Use rural road sections without curb and gutter treatments, that drain to wet or dry swales. Plant these where possible with native vegetation types. • Identify soils with high infiltration capacities, and cluster development and route S Stillwater AUAR Mitigation Plan 5/6/97 6 drainage to maintain these as open space areas and infiltrate storm runoff. • Use infiltration basins. • Maintain or create detention basins that release water when it has cooled to less than 65 degrees F • Use permeable pipes to transport and exfiltrate stormwater • Direct downspouts from roofs over yards or other vegetated areas and away from driveways or paved surfaces • Use aerators, sand beds,or other cooling strategies to reduce the temperature of runoff or pooled water before it enters Brown's Creek • Protect or encourage plantings of native vegetation on public and private properties, including woodlands, prairies, and wetlands, to promote stormwater infiltration and provide habitat and aesthetic values. Responsible parties: City of Stillwater,Washington County/Browns Creek WMO, Stillwater Township, Private Developers Regulatory program: Stillwater Comprehensive Plan, Stormwater Management ordinance, Special Area Plans and Development Agreements Implementation time frame: As development is proposed. City will review development proposals for consistency with the AUAR and Mitigation Plan. Provisions of the Stillwater Comprehensive Plan and Special Area Plans allow flexibility from standard subdivision • requirements to implement cluster development, narrower street widths, and other practices suggested above. 4. Require the use, management and enforcement of Best Management Practices (BMP's) and Wet Stormwater detention basins to control erosion and sedimentation during and after construction of projects in the Annexation Area. Responsible parties: City of Stillwater, Stillwater Township,MPCA Regulatory program: Stormwater Management Ordinance, NPDES Permit Program, Development Agreements Implementation time frame: Immediate 5. Maintain or restore an unmown vegetated buffer at least 100 feet in width upslope from the Ordinary High Water mark(O.H.W.) along the corridors of Brown's Creek and its tributaries in areas developed after adoption of the AUAR. A wider buffer zone may be required where needed to protect floodplains, wetlands, steep slopes or important fish and wildlife habitat areas. Encourage landowners to plant native trees, shrubs, tall grasses,herbaceous and wetland plants in this buffer strip to increase shading of Browns Creek and tributaries to maintain water temperature for trout habitat. Amend Draft Shoreland Management Ordinance (February, 1997) to include Brown's Creek • and its Tributaries, including regulations for Vegetation Management, Diseased Vegetation, Stillwater A UAR Mitigation Plan 5/6/97 7 S Buffer Zones, Fertilizers, Pesticides, and Oak Tree Management. Adopt and enforce Ordinance, including the Annexation Area. Responsible parties: City of Stillwater, Stillwater Township Regulatory program: Development and Subdivision Ordinance, Shoreland • Management Ordinance, Floodplain Ordinance Implementation time frame: The City will amend ordinances as needed to require a minimum 100' vegetated buffer and management regulations along Brown's Creek and its tributaries. Amendments will be completed by December, 1997. 6. Protect and enhance in-stream habitat and riparian trout stream habitat along Brown's Creek and its tributaries in areas of existing development, including vegetated buffer areas, groundwater recharge areas, pools, riffles, and other critical components of trout habitat. A continuous stream habitat corridor should be protected along the Creek downstream of the Stone Bridge. Responsible parties: City of Stillwater, Stillwater Township, DNR,Trout Unlimited Regulatory program: Voluntary program Implementation time frame: As development occurs 7. Develop and conduct annual educational programs for local residents on the value of natural • resources in the area, the effects of yard care practices on these resources, and options for homeowners to assist in protecting resource quality. Responsible parties: Washington SWCD,Trout Unlimited,City of Stillwater, . Public Interest Groups, University of Minnesota Extension Service Regulatory program: Voluntary program Implementation time frame: Ongoing 8. The City should work with Washington County and the Minnesota Department of Transportation as plans are completed for alteration of State Highway 36 and County Highways 15 and 96, to identify potential water quality and quantity impacts to Brown's Creek and impacts to other natural resources, and develop strategies to avoid or mitigate these impacts. Responsible parties: City of Stillwater, Washington County, Minnesota DOT Regulatory program: Voluntary coordination Implementation time frame: Designs for these roadways are currently being developed and reviewed 9. Implement a water quality monitoring program,including water temperature,dissolved oxygen, water quality and quantity parameters, in accordance with Minnesota Pollution 5 Stillwater A UAR Mitigation Plan 5/6/97 8 Control Agency(MPCA) and Metropolitan Council water quality monitoring guidelines, as specified in Minnesota Lake and Watershed Data Collection Manual (MPCA 1994) and An Evaluation of Lake and Stream Monitoring Programs in the Twin Cities Metropolitan Area (Metropolitan Council 1989). Monitoring stations will be placed in the following locations: 1)lower end of Brown's Creek where it meets the St. Croix; 2)near the Stone Arch Bridge; 3) near Neal Avenue and the railroad tracks; 4) at County Road 15, 5) on the stream tributaries west of McKusick Lake; and 6) at the Long Lake outlet. Beginning in spring, 1997, these stations will be regularly sampled for water temperature and flow data. In addition, macroinvertebrate samples will be gathered and analyzed in for 2 locations, at the upper and lower ends of the Creek. Samples will be taken three times during the summer. Automatic monitoring stations at the Stonebridge and the lower end of Brown's Creek will also collect a variety of water quality data. The Washington Soil and Water Conservation District (acting as the Browns Creek WMO) will collect and analyze the results of monitoring on Brown's Creek, and report the results of monitoring to the City of Stillwater, Metropolitan Council,resource management agencies, and other interested organizations. The Science Museum of Minnesota and other partners are developing a proposal for short and long-term monitoring and data analysis of the Brown's Creek Watershed, including the Annexation Area, to include additional Responsible parties: Washington SWCD, City of Stillwater,Minnesota DNR, Trout Unlimited Metropolitan Council, MPCA, St. Croix Research Station-Science Museum of Minnesota, Stillwater High School Science classes (biological monitoring) Regulatory program: Voluntary program. Funding and resources will be provided by all of the Responsible Parties or Public Interest Groups Implementation time frame: Monitoring will begin by June 1, 1997. Washington SWCD will prepare the water quality monitoring plan with consultation of other responsible parties. Data collection will begin in 1997, and continue annually with results to be published in the annual report of the Browns Creek WMO and entered into the STORET database. 10.Encourage the development of a Comprehensive Watershed Management Plan for the Brown's Creek Watershed that models conditions in the Watershed at full development; identifies issues and problems for water and other natural resources in the Watershed based on this analysis; and identifies goals, strategies and responsibilities for addressing these issues and problems. Responsible parties: Washington County/Browns Creek WMO, Stillwater township, natural resource agencies • Regulatory program: Minnesota Statutes 103B. • Stillwater AUAR Mitigation Plan 5/6/97 9 • Implementation time frame: Goal 2: Maintain or improve the quantity and quality of groundwater discharges to protect the baseflow of Brown's Creek. PROTECTION STRATEGIES: 1. Locate the new municipal well proposed for the Annexation Area outside the Area determined to affect groundwater flows to Brown's Creek. Responsible parties: City of Stillwater, Minnesota DNR Regulatory program: Minnesota DNR Water Appropriations Permit Program Implementation time frame: New well will be sited before development begins 2. Encourage abandonment of private wells in the Annexation Area. Well abandonment will be implemented in accordance with procedures of the Minnesota Department of Health. Responsible parties: City of Stillwater Regulatory program: City of Stillwater Implementation time frame: Will be implemented by the City as development occurs. • 3. Promote a"no-net-loss"of groundwater recharge capabilities for the recharge area of aquifers discharging to Brown's Creek and its tributaries. Implement the strategies listed in Section 2.0, Goal 1, Strategy#3, to decrease the proportion of impervious surface area, add buffer zones and retention basins, and use other strategies to increase rainfall infiltration in the Annexation Area to maintain groundwater flows to Brown's Creek. Responsible parties: City of Stillwater,Washington SWCD,Developers Regulatory program: City Subdivision Ordinance, Special Area Plans, Stormwater Management Ordinance, and Development Agreements Implementation time frame: Implement as developments are proposed. S Stillwater AUAR Mitigation Plan 5/6/97 10 • 4. Complete field surveys to identify shallow groundwater areas before utilities are constructed near Brown's Creek or its tributaries. Avoid construction of utilities in close proximity to the creek, its tributaries, and wetlands in the Annexation Area when feasible. Responsible parties: City of Stillwater,Washington SWCD Regulatory program: Best Management Practice Implementation time frame: Complete as part of feasibility study for utilities in the Annexation Area, to be completed by September, 1997. 5. When utility construction near streams and wetlands is necessary, require use of trench dams or other barriers, and backfilling of utility trenches with native material near Brown's Creek and its tributaries to prevent drainage of shallow groundwater in the area. Responsible parties: City of Stillwater Regulatory program: Best Management Practice Implementation time frame: Implement as utilities are constructed in the Annexation Area. 6. Encourage owners of the Oak Glen golf course to discontinue using ground water wells for irrigation, and explore the feasibility of replacing this source with water from the McKusick wetland. This may protect groundwater sources as well as increase the storage potential of • McKusick Lake. Responsible parties: City of Stillwater to contact Oak Glen owners Regulatory program: Voluntary program Implementation time frame: Spring, 1997 7. Implement a groundwater monitoring program within the Annexation Area. Responsible parties: City of Stillwater,Washington County/Browns Creek WMO, Minnesota DNR Regulatory program: Voluntary program Implementation time frame: Implement as early as possible in 1997 • Stillwater AUAR Miti•ation Plan 5/6/97 11 • 3.0 Natural Areas in the Annexation Area The majority of high-quality natural areas that may be affected by urban development in the Annexation Area are located within the Brown's Creek Ravine. The lower one mile of Brown's Creek in the N' Sections 20 and 21, T3ON, R2OW, is a biologically significant ravine/creek system, based on information collected by the Minnesota County Biological Survey. The Survey noted that less than 6 percent of the land area of Washington County remained in high quality natural communities in 1991. Three natural communities occur within this system—a high- quality maple-basswood forest, mixed hardwood swamp, and moderate quality bluff prairie. Breeding and foraging habitat of the Louisiana water thrush (Seiurus motacilla), a special concern species, is also documented in this area. While all of these rare feature elements occur outside the Annexation Area,potential impacts from stormwater discharges to Brown's Creek and other development-related impacts could affect the quality of natural communities and habitat areas in the Ravine. The Louisiana water thrush is particularly sensitive to increased flows from stormwater because the bird nests and feeds along the stream bank near the stream's normal water level. Increased flows may inundate nesting and/or critical feeding areas. Changes in surface and groundwater quality and quantity with increased development may also affect the viability and quality of hardwood seepage swamp communities. An additional natural community of concern is an oak forest located along the west shore of Long Lake, in the West Y2 of Section 31, T3ON, R 20W. This oak forest community was also identified by the Minnesota County Biological Survey in 1990. In 1995, this area was surveyed more intensively. This survey suggested that the highest quality forest remains in the eastern areas of the woodland near Long Lake, while western areas have been severely degraded by invasion of exotic species. Development of sewers,roads and residential subdivisions may affect the quality of this natural community. The City of Stillwater has proposed goals and strategies in this section to protect and restore natural communities in the Brown's Creek Ravine, while developing opportunities for passive recreation that are compatible with the long-term health of these communities. The section also includes goals for managing oak forest communities, and mitigating for losses that may occur with development of the Annexation Area. Goal 3: Maintain or restore the quality of Brown's Creek and the Ravine Area, including sustaining the health of the Louisiana water thrush habitat and trout habitat,and maintain or restore native plant communities. • StillwaterAUAR Mitigation Plan 5/6/97 12 • PROTECTION STRATEGIES: 1. Implement the stormwater diversion to McKusick Lake, Stormwater Management Plan, infiltration strategies, other BMP's, and monitoring strategies described under Goal#1, strategies 1-8, to maintain the current quality and quantity of stormwater flowing to the Ravine from the Annexation Area, to maintain the Louisiana water thrush habitat and hardwood seepage swamp communities. Responsible parties: City of Stillwater and others listed under Goal 1 Regulatory program: Listed under Goal 1 Implementation time frame: Identified for each strategy listed under Goal 1. 2. Implement Stillwater's Shoreland/Bluffland Management Ordinance and Restrictive Soils Ordinance to protect the Ravine, and encourage vegetated buffer strips with required 40' setbacks from the bluff line to protect the natural slopes in the Ravine. Responsible parties: City of Stillwater Regulatory program: Development and subdivision ordinances, Shoreland/Bluffland Management Ordinance (No. 784), Restictive Soils Ordinance (778) Implementation time frame: Ordinances are currently in effect. 3. Work with the Minnesota DNR's Natural Heritage Program and Fisheries Division to develop a restoration and management plan for the Brown's Creek Ravine, including Louisiana water thrush and trout habitat and native plant communities that are part of the Ravine complex. Adopt the plan as a part of the City's Parks and Open Space Plans. Responsible parties: City of Stillwater, Minnesota DNR Regulatory program: City Comprehensive Plan and Natural and Cultural Resource Protection Regulations Implementation time frame: Adopt management plan by Spring, 1998 Goal 4: Provide passive recreation opportunities that are compatible with the high quality natural resources in the Brown's Creek Ravine Area. PROTECTION STRATEGIES: 1. Implement Stillwater's Trails and Pathways Corridors Plan, including development of a pedestrian path on one side of Brown's Creek within the Ravine. Work with the Minnesota DNR Natural Heritage Program to locate and design the trail to avoid fragmentation, disturbance and degradation of the native plant communities and Louisiana water thrush habitat in the ravine. Work with the Minnesota DNR Division of Fisheries to design a trail that is compatible with trout fishing activities and Angler Easements in the corridor. Restrict Stillwater A UAR Mitigation Plan 5/6/97 13 • foot traffic in the Ravine to the designated trail, to discourage erosion n occurring on slopes near the Stone Bridge and elsewhere in the Ravine. Responsible parties: Stillwater Township, City of Stillwater, Minnesota DNR Regulatory program: Stillwater Comprehensive Plan, Minnesota Statutes 84.0895. Implementation time frame: Trail is mapped in current comprehensive plan. Final design and implementation will occur as resources are available and the area is developed. Goal 5: Implement Stillwater's Forest Protection Ordinance and encourage management,protection,and restoration of woodland resources in the Annexation Area to provide functions such as stormwater infiltration, wildlife habitat, and climatic amelioration. PROTECTION STRATEGIES: 1. Implement Stillwater's Forest Protection Ordinance in the Annexation Area,requiring protection or mitigation of forest resources affected by development activities. Add standard Oak Wilt Protection Provisions to this Ordinance. (These provisions should require that existing oak wilt be controlled before construction begins. Oak trees [including exposed roots in trenches] should not be cut, pruned or injured between April 15 and July 1 of each year. If injury occurs during these months, wounds must be treated with a tree wound dressing within 15 minutes or less to reduce infection potential. A vibratory plow should be used to sever roots along the edge of any construction area prior to beginning work. Tree protection zones should be fenced during construction to prevent all entry.) Responsible parties: City of Stillwater, with consultation from Minnesota DNR Division of Forestry as needed Regulatory program: Stillwater Forest Protection Ordinance (No. 769) Implementation time frame: Ordinance is currently in effect. Additional provisions to be applied immediately with any development on the Annexation Area, and adopted into ordinance during 1997. 2. Enforce Stillwater's Restrictive Soils Ordinance and Draft Shoreland Management Ordinance to protect Oak Woodland areas adjacent to Long Lake and on steep slopes within the proposed development area. Responsible parties: City of Stillwater Regulatory program: Restrictive Soils and Shoreland Management Ordinances Implementation time frame: Soils Ordinance is currently ineffect. Draft Shoreland Ordinance will be adopted by end of 1997. • Stillwater AUAR Mitigation Plan 5/6/97 14 S3. Require developers in the woodland area to complete Forest Management Plans that indicate areas where development will occur, and identify management strategies to protect the health and function of oak woodlands and mitigate for losses that occur due to development. The Minnesota DNR Forestry Division or certified private foresters may be consulted for assistance in developing management plans. Responsible parties: City of Stillwater,Developers Regulatory program: Forest Protection Ordinance Implementation time frame: Complete Forest Management Plans before development occurs 4. Encourage use of native or"naturalized" landscaping by homeowners in the Annexation Area, to provide greater stormwater infiltration and more diverse wildlife habitat, and replace some of the functions provided by the pre-development oak woodland. Encourage developers to use native plants and naturalized plantings around stormwater ponds in developed areas. Responsible parties: Homeowners,Developers Regulatory program: Voluntary program. Developers, Long Lake Homeowners Association,Trout Unlimited and others may provide information demonstrate ideas to residents in the Annexation Area. Implementation time frame: Ongoing Goal 6: Identify potential wildlife and recreation corridors,parks and open space areas, and adopt plans and development strategies for these areas. Include significant natural community areas in these corridors and open space areas, and use corridors to create connections between these areas. Protection strategies: 1. Implement goals and policies of the Stillwater Comprehensive Plan, Subdivision Ordinance No. 837, and provisions of Resolution 96-242,including goals to complete development of parks and trails plans for the city, and implementation of these plans through application of these ordinances as the Annexation Area is developed. This plan should identify remaining native plant communities, important habitat areas, other natural areas, and corridor linkages among these, and propose management plans for these areas, including trails and recreation areas where these are appropriate without compromising the quality of significant native communities and habitats. The City should work with the DNR Division of Wildlife and others as appropriate to design and implement an effective corridor system. • Stillwater A UAR Mitigation Plan 5/6/97 15 Responsible parties: City of Stillwater Regulatory program: Stillwater Comprehensive Plan, Special Area Plans, Subdivision Ordinance, and Resolution 96-242, Development Agreements,Washington County Scenic Road Overlay District Ordinance and Comprehensive Plan. Implementation time frame: Ordinances are currently in effect. Parks and trails are identified and mapped in the Comprehensive Plan. Detailed design plans and implementation will occur with development of the Annexation Area. 2. Coordinate activities to identify natural areas, wildlife corridors and recreation corridors with greenway corridor planning at the Minnesota DNR, Land Stewardship Project, and Washington County. Responsible parties: City of Stillwater, Minnesota DNR,Land Stewardship Project, and Washington County Regulatory program: Voluntary coordination activities Implementation time frame: Corridor planning activities are ongoing 3. Map significant natural areas, woodland communities, corridor areas,etc. in the City's Geographic Information System. Use development reviews to provide information and direction to developers to use clustering, open space dedication, development design, and other methods to protect these areas. Responsible parties: City of Stillwater Regulatory program: City Comprehensive Plan, Special Area Plans, and Subdivision Ordinance Implementation time frame: As development occurs • Stillwater AUAR Mitigation Plan 5/6/97 16 • 4.0 Long Lake, McKusick Lake, South Twin Lake, and St. Croix River These lakes are all located within, or receive direct drainage from, the annexation area. The DNR classifies South Twin and Long Lake as winter kill lakes, while McKusick Lake is classified as a waterfowl lake, and is too shallow to support game fish populations. South Twin Lake is located in the Silver Creek Watershed. Long Lake outlets to Brown's Creek, and is currently experiencing water quantity and quality problems related to runoff from its drainage area. Most of these problems are generated outside the Annexation Area. The outlet at the north end of the lake is governed by a DNR permit that restricts flow from May to September, to prevent the flow of warm water to Brown's Creek. However, the outlet currently flows year-round, in violation of the permit, to prevent flooding of homes near the lake. Analysis of impacts of development in the Annexation Area indicates that this development will have little noticeable impact on the water quality and quantity status of Long Lake. The City of Stillwater has proposed goals and strategies in this section to alleviate current flooding problems on Long Lake, while maintaining or improving the water quality of Long Lake,McKusick Lake and the St. Croix River as the Annexation Area develops. The section also proposes adoption of stormwater management strategies for the area draining to South Twin io Lake. Goal 7: Prevent future flooding and protect or improve the water quality of Long Lake. PROTECTION STRATEGIES: 1. Replace the current outlet structure on Long Lake with a new structure that maintains a normal lake level of 890.0 feet, and diverts flows above this level through the current tributary channel to McKusick Lake. Responsible parties: City of Stillwater Regulatory program: DNR Waters Permit No. 76-6047 Implementation time frame: Preliminary study of outlet replacement and diversion completed during AUAR. Construction feasibility to be completed as the AUAR is completed (August, 1997). 2. Evaluate methods for improving water quality in Long Lake,including outlet improvements, removal of sediments collected at the south end of the Long Lake, planting native aquatic vegetation, and others. Use native vegetation when possible to aid in cleaning sediments and nutrients from lake water, and to improve fish and wildlife habitat. Consider remedial plans for developed areas draining to Long Lake to improve water quality, that address modifications to the current system. Stillwater A UAR Mitigation Plan 5/6/97 17 • Responsible parties: City of Stillwater,Washington County/WMO Regulatory program: Browns Creek WMO Plan,Stillwater Subdivision and Environmental Ordinances, Special Area Plans and Voluntary Actions Implementation time frame: Ongoing 3. Work with neighboring jurisdictions upstream from Long Lake and the Annexation Area, to ensure that proper safeguard are implemented to protect the quality of Long Lake and other surface waters. Responsible parties: Washington County/Browns Creek WMO Regulatory program: Browns Creek WMO Plan Implementation time frame: Ongoing 4. Complete integrated water quality management plans for lakes in the Annexation Area. Responsible parties: Washington County/Browns Creek WMO Regulatory program: Voluntary program Implementation time frame: Implement when permanent management has been determined for WMO, or as resources for plans become available. 5. Consider establishment of adequate public access to Long Lake,as this make increase4111 eligibility for funding sources to improve water quality. Responsible parties: City of Stillwater Regulatory program: Voluntary determination Implementation time frame: Consider in 1997 along with regulations for surface water use of Long Lake. Goal 8: Assure that solutions to Long Lake high water problems do not degrade the water quality of McKusick Lake,Brown's Creek or the St. Croix River. PROTECTION STRATEGIES: 1. Implement the diversion strategy from Long Lake to McKusick Lake described in 2.0, Goal 1, No. 1. Allow sediment from Long Lake and the Annexation Area to settle along the stream channel and in the wetlands north of McKusick Lake. Regulatory parties: City of Stillwater Regulatory program: DNR Outlet Permit,Wetland Conservation Act Implementation time frame: City will complete construction feasibility study by August, 1997, and implement the diversion based on results of the study. I Stillwater AUAR Mitigation Plan 5/6/97 18 • 2. Require the use, management, and enforcement of Best Management PracticesMP's and wet stormwater detention basins to control erosion and sedimentation during and after ) construction of projects in the Annexation Area, to prevent sedimentation to Brown's Creek, the St. Croix River, and other resources. Responsible parties: City of Stillwater, MPCA Regulatory program: Stormwater Management Ordinance,NPDES Permit Program, Development Agreements Implementation time frame: Immediate 3. Implement City water surface use policies to minimize recreational impacts to water quality and habitat in the Long Lake area. Responsible parties: City of Stillwater, Recreationists Regulatory program: Shoreland Management Ordinance, Planning Commission and Parks Board Policies Implementation time frame: Policies for surface water use on Long Lake are currently being considered by Stillwater's Planning Commission and Parks Board. Recommendations will be completed by June, 1997. • 4. Encourage lakeshore residents to maintain or restore a buffer of native vegetation to reduce erosion and provide wildlife habitat. Responsible parties: City of Stillwater, Lakeshore landowners Regulatory program: Draft Shoreland Management Ordinance(Feb., 1997) and voluntary actions of current landowners Implementation time frame: May be implemented immediately 5. Consider a City ordinance limiting the use of lawn fertilizers containing phosphorus, and educate residents about yard care practices to protect surface water quality. Responsible parties: City of Stillwater,Long Lake Homeowners Association Regulatory program: Voluntary program Implementation time frame: Ongoing • Stillwater AUAR Mitigation Plan 5/6/97 19 • Goal 9: Protect the water quality of South Twin Lake. PROTECTION STRATEGIES: 1. Implement the Stormwater Management Study for the Annexation Area developed as a part of the AUAR, including recommendations for the area north of the Minnesota Zephyr railroad tracks that drains to South Twin Lake. This study sets forth recommendations for the design and performance of stormwater detention basins to reduce peak flows and protect water quality in South Twin Lake. Responsible parties: City of Stillwater Regulatory program: City Stormwater Management Ordinance,Minn. Statutes 103B.235 and Minn. Rules 8410 Implementation time frame: 2. Require developers in the Annexation Area that flows to South Twin Lake to infiltrate and detain stormwater runoff using the methods described in Section 2.0, Goal 1, Strategy 3. Responsible parties: City of Stillwater,Washington County/Browns Creek WMO, Developers Regulatory program: Stillwater Comprehensive Plan, Stormwater Management Ordinance, • Special Area Plans, and Development Agreements Implementation time frame: As development is proposed 3. Adopt the City's proposed Shoreland Management Ordinance, including provisions for vegetative buffers, fertilizer and lawn care management, and other provisions that protect lake water quality. Responsible parties: City of Stillwater Regulatory program: Shoreland Management Ordinance (Draft 2/3/97) Implementation time frame: Adopt Shoreland Management Ordinance by December, 1997 i • • StillwaterAUAR Mitigation Plan 5/6/97 20 • 5.0 Infrastructure Goal 10: Complete development of infrastructure for the Annexation Area (including sanitary sewer,water supply,and street systems)that is efficient,economical, and minimizes or mitigates impacts to the environment. PROTECTION STRATEGIES: 1. Complete the feasibility study for sanitary sewer service to be constructed in the Annexation Area. Identify alternatives that avoid and/or mitigate for impacts to groundwater, wetlands, native plant communities, and surface water resources. Responsible parties: City of Stillwater, Minnesota Pollution Control Agency,Minnesota DNR Regulatory program: Wetland Conservation Act, Implementation time frame: Feasibility study to be completed by September, 1997. 2. Complete field survey to identify shallow groundwater areas and implement Strategies to avoid these areas or prevent drainage of groundwater near Brown's Creek and its tributaries, as specified in Goal 2, Strategies 5 &6. Responsible parties: City of Stillwater Regulatory program: Voluntary program Implementation time frame: Implement as feasibility study and construction of utilities are completed in the Annexation Area. 3. Encourage development of streets and roadways to minimize impervious surfaces and route stormwater flows to pervious areas and detention basins, minimize stormwater runoff to wetlands, creeks and lakes, and provide for recreation and natural corridors that connect resources and open spaces in the Annexation Area. Responsible parties: City of Stillwater, Washington County,Minnesota Department of Transportation Regulatory program: City Comprehensive Plan, Special Area Plans, Park and Trailway Plans, Washington County Scenic Road Overlay District Ordinance and Comprehensive Plan Implementation time frame: Implement as streets and roads are designed and constructed. Stillwater A UAR Mitigation Plan 5/6/97 21 • 6.0 Wetlands Wetlands in the annexation area are significant for local hydrology and wildlife habitat. The National Wetlands Inventory identified 82 wetlands (approximately 287 acres) in the study area. Wetlands in the Jackson Wildlife Management Area(WMA)north of Long Lake, and north of McKusick Lake, will be impacted by stormwater management strategies suggested in this AUAR. Existing, restored or created wetlands may offer opportunities to mitigate the impacts of urbanization in the Annexation Area, but their function and quality may also be compromised by development activities. Construction of infrastructure proposed for the Annexation Area may also impact wetland resources. The City of Stillwater administers the Wetland Conservation Act, and is required by law to regulate wetlands in the City. The City will require strict adherence to the rules of the Wetland Conservation Act, and require that a sequencing process be followed during the design and construction of all projects. This process requires that wetland impacts be avoided if possible, and that unavoidable impacts be compensated through replacement with wetlands that provide equal functions and values. The City has also proposed completion of a Comprehensive Wetland Management Plan, including a functions and values assessment of wetlands in the community, and development of policies and management strategies to better manage wetlands based on the functions they perform and value to the community. Goal 11: Promote a policy of"no-net-loss"of wetland functions and values in the Annexation Area by avoiding and minimizing wetland impacts when feasible, and mitigating for unavoidable impacts. Wetland management should be integrated with local water planning, be based on an assessment of functions and values of wetlands in the area,and prioritized based on wetland quality. PROTECTION STRATEGIES: 1. Implement existing wetland protection regulations contained in City ordinances, Watershed Plans, and State and Federal rules. Responsible parties: City of Stillwater, Washington SWCD,U.S. Army Corps of Engineers, Minnesota DNR, MPCA,U.S. EPA Regulatory program: Stillwater Subdivision Code,Bluffland/Shoreland,Floodplain, Shoreland Management, and Wetland Conservation Ordinances,Wetland Conservation Act, Sections 401 and 404 of the Clean Water Act, Minnesota DNR Protected Waters Program Implementation time frame: Ordinances and regulations are currently in effect • Stillwater AUAR Mitigation Plan 5/6/97 22 2. Complete a Comprehensive Wetland Management Plan for the Annexation Area and the City of Stillwater that meets the requirements of the Board of Water and Soil Resources (BWSR) for such plans, including completion of a functions and values assessment for all wetlands in the community, development of a wetlands classification system,policies, and management recommendations based on this assessment. Responsible parties: City of Stillwater Regulatory program: Minn. Statutes 103G.2242 Implementation time frame: The City will apply for BWSR grant to complete a Comprehensive Wetlands Management Plan in 1998. 3. Wetland mitigation or replacement that results from development activity in the Annexation Area should be implemented within the Brown's Creek Watershed(avoid use of Mitigation Banks outside the Watershed). Responsible parties: City of Stillwater, Washington County/Browns Creek WMO Regulatory program: Wetland Mitigation Act Implementation time frame: As development occurs Goal 12: Protect and maintain the quality of surface water flows to wetlands. PROTECTION STRATEGIES: 1. Require the use, management, and enforcement of Best Management Practices (BMP's) and wet stormwater detention basins to control erosion and sedimentation by providing pretreatment of water discharged to wetlands during and after construction. Responsible parties: City of Stillwater, Washington SWCD, MPCA Regulatory program: Stillwater Stormwater Management Ordinance,NPDES Stormwater Management Program Implementation time frame: Ordinance is currently in effect 2. Promote the maintenance of natural buffer zones of at least 50 feet in width along the boundary of wetlands to protect water quality and wildlife habitat as an interim measure until a Comprehensive Wetland Management Plan for the City is completed. Develop and adopt permanent buffer zone recommendations as a part of the Comprehensive Wetland Management Plan. Responsible parties: City of Stillwater Regulatory program: Stillwater Subdivision and Shoreland Ordinance Implementation time frame: Existing ordinance • Stillwater AUAR Mitigation Plan 5/6/97 23 i 7.0 Historical and Archaeological Resources Cultural resources inventory information provided by the Minnesota Historical Society indicated the presence of areas of high and moderate archaeological potential in the Annexation Area. These areas include the Stone Bridge site on Brown's Creek. The City of Stillwater will work with developers to identify historical, archaeological, and architectural resources in areas with high and moderate archaeological potential, and to preserve these resources to the extent practicable. Goal 13: Identify and preserve historical and archaeological resources in the Annexation Area. PROTECTION STRATEGIES: 1. Stormwater management strategies described in Section 1.0 Browns Creek and its Tributaries will aid in protecting the Stone Bridge from additional stormwater runoff generated by new development that could degrade the bridge or affect its structure. These strategies include diversion of runoff from most storm events away from Brown's Creek, and reduction of storm flows in other events through ponding and infiltration in upstream areas. Responsible parties: City of Stillwater and others as listed in Section 1.0 Regulatory program: Listed in Section 1.0 Implementation time frame: Described in Section 1.0 2. Require developers or the City of Stillwater to conduct Phase I archaeological surveys in areas that will be disturbed in the development process, and that have high or moderate archaeological potential, as identified by the Minnesota Historical Society. Responsible parties: Developers, City of Stillwater, and State Historic Preservation Office Regulatory program: Minnesota Environmental Policy Act; Stillwater Subdivision Ordinances and Comprehensive Plan, SHPO Regulations Implementation time frame: Before development in areas identified. I Stillwater AUAR Mitigation Plan 5/6/97 24 4111 8.0 Other Development p Related Issues Urban development in the Annexation Area will impact a variety of other concerns, such as traffic,noise, and air quality. The City of Stillwater will seek to minimize impacts in these areas as appropriate to protect the health, welfare and safety of the public. Goal 14: Manage Automobile Traffic to Safely Accommodate Development Planned for the Annexation Area PROTECTION STRATEGIES: 1. Design and construct local roads to mitigate traffic impacts while meeting natural resource protection goals and strategies included in this Plan. Responsible parties: City of Stillwater,Washington County, Minnesota DOT Regulatory program: Regulatory and construction programs of these agencies Implementation time frame: Review and design projects as development occurs in the Annexation Area. 2. Implement Washington County's Scenic Road Overlay District and Linear Park System Plan, and Stiliwater's Parks and Trails Plans as roads are developed in the Annexation Area. Responsible parties: Washington County, City of Stillwater Regulatory program: Washington County Comprehensive Plan and City of Stillwater Comprehensive Plan Implementation time frame: Implement as development occurs in the Annexation Area Goal 15: Maintain Air Quality in the Annexation Area as Development Occurs PROTECTION STRATEGIES: 1. Enforce State Air Quality Standards to regulate air emissions in the Annexation Area. Responsible parties: Minnesota Pollution Control Agency Regulatory program: Indirect Source Permit Program Implementation time frame: Regulations are currently in effect 0 i Y Stillwater A UAR Mitigation Plan 5/6/97 25 S 2. Implement Best Management Practices to minimize dust during and after construction of developments and infrastructure in the Annexation Area. Responsible parties: City of Stillwater,Washington County,Minnesota DOT Regulatory program: Stillwater Subdivision Code and Contractor Oversight Implementation time frame: Regulations are currently in effect Goal 16: Minimize Noise Generated by Construction and Traffic in the Annexation Area PROTECTION STRATEGIES: 1. Regulate hours when construction may occur to control construction noise. Responsible parties: City of Stillwater _ Regulatory program: City Ordinance Implementation time frame: Ordinance is currently in effect 2. Construct noise berms where needed to control noise associated with road construction and traffic. • Responsible parties: City of Stillwater,Washington County, Minnesota DOT Regulatory program: Part of road design and construction activities Implementation time frame: Ongoing 3. Locate less noise-sensitive land uses adjacent to major roads. Responsible parties: City of Stillwater Regulatory program: City Comprehensive Plan Implementation time frame: Plan is currently in effect • Stillwater AUAR Mitigation Plan 5/6/97 26 • ADOPTED ENVIRONMENTAL PROTECTION PLANS AND REGULATIONS The City of Stillwater has a variety of plans, ordinances, and regulations in place that address environmental issues in the Annexation Area. These mechanisms will be enforced and amended as indicated in the Mitigation Plan to provide a comprehensive framework and set of tools to protect the natural resources of the Annexation Area as development occurs: City of Stillwater Comprehensive Plan (1995) Stillwater Subdivision Code (1997) Special Area Plans (Chapter 13. Comprehensive Plan— 1995) Grading Permits Ordinance (1988) Stormwater Management Ordinance#776 (1993) Restrictive Soils Ordinance #778 (1993) • • Floodway Ordinance#747 (1993) Forest Protection Ordinance#769 (1993) Current Shoreland Management Ordinance#784 Draft Shoreland Management Ordinance (1997) Subdivision Ordinance#837 Park and Trailway Resolution 96-242 Stormwater Utility Wetland Conservation Act Development Process—Enforcement of Regulations and Best Management Practices - ''''`,,,,,,.'1",,„:1.1•:/,‘.''',1‘,1'i pE�p �/ i N .� / s'`�' 1 Lf© 1 j " � i j� y�yp ‘,:,,-: loft // //,/// ' S 4 1 1- ._,,,,..4,,,,,,,s;,.,,,,„.. �, Y�� Stl� � , ��4� !� v f'i� JkYk JJJ / //;,/ } �•� • ,d' ar x . a�',-1.114-t4447,„,. ., `e' t z"tt1 1171', S"s A.•i • ir,., /•'� e�",'`Y d: .-_.. 1 %vw� 1,^'F\. FJ 1 Fl"I // ////////// ill 'r NwM Fo,a P+,• r 2' .f I // //l• � ylaFe k� / ., 07 , l3 �� 16 May ��¢ to 13 m F 18 Twp 1 •°4 ,�S y - 31 W 4u,fn 141? ' i ., .. , , lf! , ----- . u 24 Illik 21 19 - ______--t------' _O ' _I __ ,. „ a ErEe tai"a 5 .,'''''''''':''''.1 `{ p y y� 2& } 27 �' ° ., 25 J 29 • 28 25 2"r ail. 33�� 27 j 1111!rif - ' 4.1,/$1,,,-,r ,' � x F4' ^ k tN. I p co 4 = lx4n # 0 1 ' ... ,- ilk 31 $.,,,,, iit *-•4 4-..---,IJ . rc 4 .e '® , i ( 4�Lfyr } �� y�# .e �. ✓r z S („ � 1y E P LLWQIOn , �; J1rt(rC s. �bitC ;R P 3^ 0,,. 1 1. � 07 NLTY ?" © �� r 7 , ,�ytra a a ., I ., , 7 ,U3Msip 8 •tii �: 9 , It �` ear I �r � '1011� C� ` m.. /1-.7--.--, 4ht m"evE „ kr.)�`` l s r: $, © (� V WP 1 ;. , s , �� Still , aer , I f-�. .. • 1 � � t .-._ �� } &��`K� � r - �' „� �. -: 1 ;r... - _,., ', `96` � � _ ; I; P. M �,. >, ; Gran , � "� .;� b ,y.�. in yy � x�1� 17- 1 1' j 13 r k th - r E 16 ' p1 litlajilil 1) 1d fM ' gIR ni .r h '92) i '” ..=y. a li r� 1 �' r( q ti, ! ''' ., ,�..`xµblot,� fRrr E� E 1 r •y <' t � s '-',i..•---•'-', ,� , ■ - <—._-..___....� ,m.» �1 - ,ip 9} w�c � *-l• Li-'''',..';'4' '''Isi orr0 r� r P �� .. N y r ' w..r' 4,'a iYr/ 1• s�,f x ,���"rxF � �y � " a„�,"u.E `� �' �` sJ= � Y ) '_� t�,..?� ,�, - I-- ,�s.� 1 .id TQINEQI - le,„,,,,,,,4 ► ill 24 ..- A ys ", ti. ', J. s / ■,:.I w s :. ,, , , Elf, 1� �,S *wcl Vudxx:r��l ' 1�`� ' ■ n i r � 's��Fi A, y H i3 �s wraty� ti. :,4, i, E) BEAR F i y 29 C El.,* 28 'f'i�t•},.t 1 ■ 8 M p�1 4 I��A L oli � Y � �1 LAKE . z Y l , !� e$- wfi ERNt � ++, M .�.- i IrL.rVJ NxhrtFr © 1 \ k r x a , swr r -e`� µ limi E 'AI,' ['- 7m*fht nt-..r A \ dll` �r , , ,,, pi, ., 11 4ew� 132 0, ,,,,,,..-: ,,, ,,:--„,1- ,,,,,,,,,,,,_mil .31 tT '�, a _Try p 34 VII33 >����d ,;'',,..:,': r. �TM Y .� vu J ix x+tYv yF se, 6:r.._� - Y ry fru �` r r S'h T. 694 '1 '' � � �py� I 1 1?5' -1 `' ' '%'+ > 4•:q �r.T?^5-� X17 y 'i ,#r.? �: .0 M,. ,' �tv J++. _ � �way� \` am `f7- i 3 v . ias -----:. , - a� ry C r Points of Interest for the LCMR �w ' �� I Y 4, Tour of the Browns Creek Watershed � ' q ' =�; 17'1:: W. `, «! oma_ Y .—'''''''---,1 �`; 1 R , �, 14 su- „I■ u1 x ' Fp aw Map Point of Interest - Number MAP LEGEND 1 Gathering Spot- Withrow Ballroom, County Road 9. Road:_l_asi:10sificatio.n.,„ 2 Flooding at South School Section/Goggins Lake ' s INTERSTATE HIGHWAv 3 140th Street Flooding. 16 U.S.HIGHWAY 4 Goggins Lake,proposed outlet project,flooded cropland. °` "'d`"`°'° STATE HIGHWAY 5 Browns Creek headwaters. P"idad O �"�`""'`° COUNTY ROAD 6 Flooding at Kismet Basin. �'"°`° Q "�"' COUNTY ROAD 7 Gateway State Trail. . MUNICIPAL STREET 8 Hwy 5/36 Interchange construction,industrial and commercial develo ment in the LongLake ::... p ` r Additional Features ount subwatershed. prgEOWNDp►pOlA10NRY rOMSOF pVTFRFFi 9 City of Stillwater Northland Park. ----- COUNTY oueoARY z coo 10 Neal Ave. -City/Township contrast,Browns Creek, Oak Glen Golf Course '."(�-/`��M ` SwV AOIrRE3SpwGEi MKn Ot pJTERE$f AKE 11 ' Lake McKusick, Stillwater AUAR Mitigation Plan °" ■ KE,E,«S 12 Stonebridge,upper reach of Brown Trout fisheryp ,�,. S[p,pp1p,.AR ....1 �^ 13 Browns Creek Ravine,Browns Creek trout fishery,angler easements,'Browns Creek Ravine •••• • .�pR ecosystem. p ERFRMIES iipb L 14 St. Croix River �/E .E>.LAUNCH 15 Departure Spot- Wayside Rest, Hwy 95 ke� x,,r nM„ 2 TH MAP CREATED BY:LAWRENCE MAPPING&GRAPHICS BROWN'S CREEK WATERSHED DISTRICT Meeting Agenda, Workshop Meeting February, 23, 1998 1. Cali to order @ 6:30 PM 2. Introduction of BCWD Board Members r . . Cl d L 3. Introduction of CAC Advisory candidates FEB 2 0 ege 4. BCWD Perspective (Leiser) 5. CAC Perspective and expectations (Potter) 6. Review selection process (Potter) 7. Interview CAC candidates, approximately 5 minutes each 8. Selection of 9 CAC members and 2 alternates 9. Review of CAC specific assignments (Leiser) a. 2nd Generation watershed plan b. Participate in the EAW development and process c. Comment on proposed rules and amendments d. Comment on scope of work, any contracts or studies e. The Stillwater AUAR project f. Landlocked basin Taskforce, discuss and review alternatives 10.Adjourn workshop portion 11.Call to order, BCWD Business Meeting 12.Approve minutes of Feb. 2, 1998 meeting 13.Approve meeting agenda 14.Treasurer's report, budget presentation review(Gordon) 15.Discussion of operating parameters for Taskforce formation 16.Review status SF 3057, HF 3461 (Kilberg) 17.Review Peterson Environmental sub-contract (Ullrich) 18.Review Proposed Amendment commentary(Doneux) 19.Review LCMR status (Moore. Doneux) 20.Presentation of By-laws and rules (Gordon. Kilberg) . • 21.Other business 22.Adjournment @-no later than 10:30 PM DRAFT MINUTES January 26, 1998 Brown's Creek Watershed District Attendance: Board: Gordon,Kilberg, Leiser, Michels, Potter SWCD: Koosman, Doneaux Consultants: Cecelio Olivier, Brett Emmons,Ed Mathiesen, Derek Knapp DNR:.Molly Shodeen, Annette Drews Community: Al Kemp, Dave Truax, Peter Swarz, Stu Grubb 1. The work shop meeting was called to order at 6:30 PM by Craig Leiser. 2. Responses to the plan amendment were discussed. Ed Mathiesen and Derek Knapp presented property value data. Mark Doneaux addressed other responses. 3. The rule making process was discussed. Karen Kilberg presented a draft format for our consideration. 4. Ned Gordon passed out the latest draft budget for our review. Ned will have a final budget prepared for the next meeting. Ned Gordon presented an insurance option for our review. 5. The work shop meeting was recessed at 8:35 PM. 6. The business meeting was called to order at 8:58 by Craig Leiser. 7. The Treasurers report was presented by Ned Gordon. A motion was made by Jon Michels to have Ned Gordon proceed with obtaining liability insurance. Dan Potter seconded the motion. The motion carried unanimously. 8. The Emmons & Olivier contract underwent final review and comment. Michelle Ulrich will be directed to review the subcontract with Peterson Environmental. vii/o-` a :(;/n•ji:�y '�� _ _ ..gra., �. t 'AP. _ ��, ^G/.3 !''- 9. Dan Potter provided a list of interested parties for the Citizen Advisory Committee (CAC). The board reviewed the CAC application and advertisement for publication. The CAC interviews will be conducted during the February 23, 1998 meeting. 10. Ned Gordon presented a draft version of the RFP for legal services to be distributed to interested law offices. Jon Michels motioned that we accept the RFP. Karen Kilberg Seconded the motion. The motion was carried unanimously. The schedule for proceeding was as follows: Submit advertisements by February 2. Submittals due by February 20. Review submittals during February 23 meeting. 11. Craig Leiser summarized communications had dining the past two week period. 12. New Business. Annette Drews asked the board if they would discuss proposed state legislation affecting Brown's Creek. Craig Leiser indicated that we would have that on the next meeting agenda. 12. The agenda for the next meeting (February 2, 1998) was discussed. 13. The meeting was adjourned at 10:30 PM Brown's Creek Water Management District Meeting Agenda r E @ � O W E Monday Feb. 2, 1998 1)) JAN301996 Business Meeting • 1. Call to Order @ 6:30 PM 2. Reading and/or approval of minutes, Jan. 26, 1998 Meeting 3. Approval or modification of meeting agenda 4. Treasurers Report ( Gordon ) 5. Recording Secretary Letter of Agreement( Gordon, Michels )VOTE 6. Review and finalize legal counsel RFP ( Gordon ) VOTE 7. Finalize Emmons & Olivier contract issues ( all )VOTE, A. Contract language, final corrections B. Work plan, first release C. Scope discussion D. Peterson Environmental, sub-contract 8. Budget review with revisions ( Gordon ) 9. Final review of Plan Amendment Commentary ( Doneux ) 10.Discussion of Legislative Act, review and status ( Kilberg ) 11.Quotation of liability Insurance ( Gordon ) VOTE 12.Review Citizen's Advisory Committee Ad ( Leiser for Potter) 13.Communications 14.Other business A. Old business B. New business 15.Adjournment 1/30)618 CopLdL f o eeunj bait), _ MEETING NOTICE CHANGE OF MEETING DATE BROWNS CREEK WATERSHED DISTRICT NOTICE IS HEREBY GIVEN that the Browns Creek Watershed District has rescheduled a regular meeting of the Bo- r, ;, -. The February 9, 1998 meeting has been rescheduled and will be held at 6:30 p.m. on Monday,'✓ . , 1998 at the offices of the Washington Soil and Water Conservation District, 1825 Curve Crest Boulevard,Stillwater,Minnesota. Dated this 21st day of January, 1998. Jon Michels, Secretary;Browns Creek Watershed District. t 'lbw( .enw 1111 M E M O R ANDUM Minnesota Boardot Resources August 28, 1997 a I( One West Water Street Suite 200 St.Paul,MN 55107 TO: List of Addressees SEP _ 2 199 (612)296-3767 I // Fax(612)297-5615 e • n Field Offices jj R: HHaertel, Water Management Specialist Northern Region: 394 S.Lake Avenue PH: (612) 297-2906 Room 403 Duluth,MN 55802 (218)723-4752 RE: Brown's Creek Watershed District Establishment Hearing Notice Fax(218)723-4794 3217 Bemidji Avenue N. Bemidji,MN 56601 (218)755-4235 Please find enclosed a copy of the Notice of Hearing regarding establishment of Fax(218)755-4201 the proposed Brown's Creek Watershed District. The hearing is scheduled for 217 S.7th Street Wednesday, September 17, 1997, 10:00 AM at the Stillwater City Hall. Suite 202 Brainerd,MN 56401-3660 (218)828-2383 All persons affected or interested in the establishment of the proposed watershed Fax(218)828-6036 district may attend and give statements at the establishment hearing. Southern Region: Highway 15 S. New Ulm,MN 56073-8915 youany If havequestions or comments, please contact me. (507)359-6074 Fax(507)359-6018 40-16th Street SE Enclosure Suite A Rochester,MN 55904 (507)285-7458 Fax(507)280-2875 c: Ron Harnack Box 267 Jim Birkholz 1400 E.Lyon Street Marshall,MN 56258 Doug Thomas (507)537-6060 Bruce Sandstrom Fax(507)537-6368 Matt Moore Metro Region: One West Water Street Suite 250 St.Paul,MN 55107 (612)282-9969 Fax(612)297-5615 An equal opportunity employer Printed on recycled paper p Brown's Creek WD Establishment Hearing Notice August 28, 1997 Page 2 List of Addressees R. H. Stafford, Washington County Auditor Howard R. Turrentine, Assistant Washington County Attorney James R. Schug, Washington County Administrator Jane Harper, Washington County Physical Planner Jay Kimble, Mayor; Morlie Weldon, Clerk; City of Stillwater Fran Miron, Mayor; Robert Museus, Administrator; City of Hugo Gary Erichson, Mayor; Deborah Graul, Administrator; City of Grant David Schaaf, Mayor; Mike Robertson, Administrator; City of Oak Park Heights Wyn John, Mayor; Mary Kueffner, Administrator; City of Lake Elmo Ronald Fredkove, Chair; Patricia St. Claire, Clerk; Baytown Township Tracy Mazanec, Chair; Linda Klein, Clerk; May Township David Francis, Chair; Pat Bantli, Clerk; Stillwater Township Konrad Koosmann, District Manager, Washington County SWCD Molly Shodeen, Area Hydrologist, DNR-Waters Metro Region Kate Drewry, District Administrator, Rice Creek WD John Bower, President, Carnelian-Marine WD David Bucheck, President, Valley Branch WD John McPherson, Chair, Middle St. Croix River WMO Trout Unlimited NOTICE OF PUBLIC HEARING BROWN'S CREEK WATERSHED DISTRICT ESTABLISHMENT Minnesota Board of Water and Soil Resources One West Water Street,Suite 200 St.Paul,Minnesota 55107 In the matter of the petition of Washington County for the establishment of the Brown's Creek Watershed District pursuant to Minn. Statutes Section 103D.205. Whereas,the subject petition dated July 17, 1997 has been filed with the auditor of Washington County,the Commissioner of the Department of Natural Resources(DNR),and the Director of the DNR Division of Waters,pursuant to Minnesota Statutes 103D.205, Now therefore,the Board of Water and Soil Resources(Board)hereby issues the following: NOTICE IS HEREBY GIVEN that a public hearing on the establishment of a watershed district(Establishment)will be held on Wednesday,September 17, 1997,beginning at 10:00 AM at the Stillwater City Hall,216 N.4th St.,Stillwater,Minnesota. The purpose of the hearing is to receive public comments on the Establishment of a watershed district in the Brown's Creek watershed pursuant to the Metropolitan Surface Water Management Act. At the hearing,all interested persons will be given opportunity to submit information pertinent to the Establishment. The District encompasses approximately 28 square miles of land in Washington County. It includes land in the cities of Grant, Hugo,Lake Elmo,Oak Park Heights,Stillwater,and the townships of Baytown,May and Stillwater. The purpose for the establishment of the proposed watershed district and contemplated improvements is to conserve the natural resources of the state by land use planning,flood control,and other conservation projects by using sound scientific principles for the protection of the public health and welfare and the provident use of the natural resources. For further information contact Jim Haertel of the Board at 297-2906. Dated in St.Paul,Minnesota this 28th day of August, 1997. s/Jim Haertel Water Management Specialist H:\USR\CHARWOTICES\BCWMO-WD.NT1 Enclosure F 0 0.1v 2 WASHINGTON COUNTY James R.Schug 3 'A OFFICE OF ADMINISTRATION County Administrator tjL7'.� GOVERNMENT CENTER Virginia Erdahl �°`�e 14900 61ST STREET NORTH•STILLWATER,MINNESOTA 55082-0006 De poly Administrator o rxo� 'Ya 612-430-6000 Facsimile Machine 612-430-6017 June 20, 1997 D ►! JUN 2 51997 1..- David Schaaf, Mayor City of Oak Park Heights - 6201 St. Croix Trail North, PO Box 2007 Stillwater, MN 55082 RE: Development Moratorium in the Brown's Creek Watershed Dear Mayor Schaaf: Recently, the Washington County Board, acting as the Brown's Creek Water Management Organization, requested that each community within the Brown's Creek Watershed adopt a one- year development moratorium to allow the communities to work together to better manage water problems and protect the natural resources within the Brown's Creek Watershed. Several communities have expressed an interest in discussing this with a representative of the County. In response to a request from one of the communities within the watershed, I am enclosing the following two items to assist you in your discussions and actions on this matter: 1. A map delineating the Brown's Creek Watershed. 2. A sample resolution declaring a moratorium. Feel free to customize this to fit your situation. Please review this sample resolution with your legal counsel before taking any action on it. If you have any questions please feel free to contact me. Sincerely, pmesk).:... JR. Schug County Administrator c. County Commissioners Jane Harper, Washington County Physical Planner, Washington County Soil and Water Conservation District MA... Printed"n Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 1� i • A 1 - BROWNS CREHC WATERSHED WATERSHED BOUNDARY 4 ��'1_,� k..---- /J --- Al, , %I.. 0 6000 r.w w"."41 FEET Low., I LEGEND ,� ' LEGAL BOUNDARY • _ ,_ AP tillii-imasez.pkillri 121 1 - 111111111 4-1 awed . Lake kr- t=c:b ,,, ,,,,t., L s >� %kir fA. 0 .� x „.-... �h.. 4 ,w. a ipth End• /l a 1 ' - • .. .___. . , Dellwood b, -%' A ... :. i, �,, r---Au----_ -. a 4w3i iii-ok _ .. .,_.d.o.,. � • ..- in -,:. „.-7111111V11 .41.„ ,,,,..411 1 1': ,, r a% ; u. .40 ..... , ,.. , , _. . ,,, ., 4ok mit, . Wilk' 1111 •.. ims Ili • 4 _ R . MNIM• I-AVOINEVii.150 I.i 11. 1.\• ,•.• IC. r IVA" iiiIIIII-em- isl,, II •Ellik 4 as r FaqmEE \ 9 MOW .... 15 ......._ .-q u *Mil 11417---- _ per_ • . 7- 0 Iill OAK P- - tCkeerereer ea _, II I' b I JA...o....... T • [b MONTGOMERY WATSON ••Pols Figure 1 Sample Resolution Adopt a Development Moratorium Within the Brown's Creek Watershed in the City of WHEREAS, the Brown's Creek Watershed is a recognized watershed in Washington County; and WHEREAS, the Board of Water and Soil Resources determined that the Brown's Creek Joint Powers Agreement Water Management Organization was not implementing its water plan; and WHEREAS, Washington County, by operation of law, was management organization within the Brown's Creek Watershed Distuired rict; and a the responsibilities of a watershed WHEREAS, certain distinct areas within the Brown's Creek Watershed have suffered from flooding and some property owners have suffered property damage, both real and personal; and WHEREAS,other distinct areas within the Brown's Creek Watershed have the potential to experience flooding;and WHEREAS, the cause of the flooding has not been specifically established; and WHEREAS, distinct areas within the Brown's Creek Watershed are planned for urban density development; and WHEREAS, capital improvement projects to relieve the high water development have the potential of adversely impacting Brown's Creek, a gnand additional urban density associated ecosystem; and designated State Trout Stream, and its WHEREAS, little data is currently available to adequately assess the impacts of any capital project or additional development; and WHEREAS,Washington County believes that additional development within the Brown's Creek watershed is unwise until a study of the complete watershed is conducted, and until the necessary projects are ordered that would alleviate the high water impacts; and WHEREAS, the process to amend the management plan and to order capital projects to alleviate the high water impacts, will not occur before the spring of 1998; WHEREAS, Washington County has asked each community located with the Brown's Creek Watershed to adopt a one year development moratorium within the watershed area to allow the communities to work together to improve water management within the watershed; and WHEREAS, the City of is located partially within the Brown's Creek Watershed. NOW, THEREFORE, BE IT RESOLVED, that the City of moratorium within that portion of the City of adopts a one-year development that this moratorium would be in effect from that lies within the Brown's Creek Watershed; and until • and BE IT FURTHER RESOLVED, that during the moratorium, the City of the County to gather information on development sites in flood prone areas; toagreesgto work with development controls to protect the water resources and to protect the health and safeassessf all residents;and to adoof pt strategies to prevent future water problems and protect the natural resources in the Brown's Creek Watershed. MA...ADMUMHARPEMIKWATIMPARES Enclosure 13 NON�G WASHINGTON COUNTY Dennis C.Hogberg 3 • — BOARD OF COMMISSIONERS Mary Hauser 1 GOVERNMENT CENTER District 2 �� �/ w Abrahamson 14900 61ST STREET NORTH a STILLWATER, MINNESOTA 55082-0006 �\ ,rs 612 430-6000 Facsimile Machine 612-430-6017 District 3 Myra Peterson District 4/Chair June 3 1997 Dave Engstrom District 5 Lp \Y7 r David Schaaf, Mayor u — City of Oak Park Heights - 5 1997 6201 St. Croix Trail North, PO Box 2007 Stillwater, MN 55082 RE: Development Moratorium in the Brown's Creek Watershed Dear Mayor Schaaf: In September of 1996, the Minnesota Board of Water and Soil Resources determined that the Brown's Creek Joint Powers Watershed Management Organization (WMO) was not implementing its water plan and, as a result, Washington County was required by law to assume the responsibility of the Brown's Creek WMO. On February 4, 1997, the Washington County Board adopted the existing Brown's Creek Watershed Management Plan so as to carry out the duties of`the Watershed Management Organization. In assuming the duties of the WMO, the County is faced with managing several existing and potential problems within the watershed. One of the most immediate concerns is the floodwaters in the School Section/Goggins Lake drainage basin in Hugo and May Township. This landlocked basin has experienced severe flooding. In June of 1996, the water surface elevation of the lakes peaked at more than six feet above the normal ordinary high water level, affecting over 200 acres of land, one county road, one city road and numerous homes and septic systems. In addition, the Kismet Basin area is experiencing flooding and Long Lake is facing potential problems of water level and water quality. In order to undertake any projects to address these current problems, the County must first amend the Brown's Creek Watershed Management Plan to include the projects in its capital improvement plan. The County anticipates completing the plan amendments, including capital improvement projects, in early 1998. In the meantime, the flooding problems continue. The Washington County Board believes that additional development in the affected area is unwise until a complete study of this situation is completed and the necessary projects are ordered. The Washington County Board, as the Watershed Management Organization, is asking that each community within the Brown's Creek Watershed adopt a one-year development moratorium within the watershed. This moratorium will allow the local units of government and the WMO the opportunity to gather information on Pdnted on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION t •`� Mayor David Schaaf Page 2 June 3, 1997 development sites in flood prone areas; to assess the adequacy of the development controls that are in place within the watershed; and to position ourselves to be more proactive in dealing with the water problems in this watershed. This request for a moratorium was adopted by the Board of Commissioners in a unanimous vote at our meeting of May 27, 1997. We ask for your cooperation in this request so that we can work together to manage these water problems and, at the same time, protect the environmental resources of Brown's Creek. Please feel free to contact me if you have any questions on this matter. Sincerely, n'T\urtr4(MAICorV Myra Peterson, Chair Washington County Board of Commissioners /pr cc: County Commissioners James R. Schug, County Administrator Washington County Soil and Water Conservation District Enclosure 5B OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, NOVEMBER 12, 1996 Call to Order: The, meeting was called to order at 6 :30 p.m. by Deputy Mayor Kern. Present : Councilmembers Robert, Schaaf, and Swenson. Staff Present : City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and Police Chief Swanson. Resignation of Mayor Barbara O'Neal - Deputy Mayor Kern read a written statement from Mayor O'Neal announcing her resignation as Mayor effective November 6, 1996 . City Attorney Vierling stated that the Council needs to decide whether they want to fill the vacancy or continue with Councilmember Kern acting as Deputy Mayor until December 31, 1996 . In order to fill the vacancy the Council would need to pass a resolution declaring the vacancy and pass a resolution to fill the vacancy. Councilmember Robert, seconded by Swenson, moved to approve Resolution 96-11-31, accepting the resignation of Barbara O'Neal as Mayor of Oak Park Heights effective November 6, 1996 and declaring a vacancy in the ' office of Mayor. Carried 4-0 . Councilmember Robert, seconded by Swenson, moved to approve Resolution 96-11-32, appointing Councilmember Schaaf as Mayor of Oak Park Heights effective immediately until 12 : 00 p.m. , December 31, 1996 . Carried 4-0 . Vierling noted that the Council needs to take action regarding the vacancy on the Council created by appointing Councilmember Schaaf as Mayor. Mayor Schaaf, seconded by Swenson, moved to adopt Resolution 96-11-33, declaring the vacancy of Councilmember Schaaf's position. Carried 4-0 . Mayor Schaaf suggested that Councilmember-elect David Beaudet be appointed to the Council since he received the most votes in the recent election. Mayor Schaaf, seconded by Kern, moved to adopt Resolution 96-11-34, appointing Councilmember-elect Beaudet to fill the City Council vacancy effective immediately until 12 : 00 p.m. , December 31, 1996 . Carried 4-0 . City Administrator Robertson administered the oath of office to Councilmember Beaudet . Visitor Comments: ' - u-o -_ • : • Homeowners Association - Maher was present representing the Long Lake Homeowners Association to request that the City of Oak Park Heights work cooperatively with the cities of Stillwater and Lake Elmo in order to solve problems created by stormwater runoff . City Engineer Anderlik stated that the City of Oak Park Heights has been working with other communities to control stormwater runoff . Anderlik noted that only a small portion of Oak Park Heights runs into Long Lake and then on through Brown' s Creek. Page 2 - City Council Minutes 11/12/96 Anderlik stated that the City of Oak Park Heights already has a stormwater plan in place to improve water quality. The current plan adopted by the City for the Brown' s Creek/Long Lake watershed restricts the rate of runoff to less than what existed before the area was developed. The City of Oak Park Heights also requires all new developments in the watershed to quantitatively assess the impact of potential flooding. Department Reports: Police - Chief Swanson reported that the Police Department ' s application for a grant to fund half the cost for a school liaison officer was not accepted. Chief Swanson stated that the grant application was not approved because the high school has a very low crime rate . Chief Swanson noted that 12 grants were awarded in the amount of $500, 000 . Highway 36 and 5 Improvements - MNDOT' s Design for Ponding - City Engineer Anderlik stated that MNDOT has completed the design of the stormwater drainage system relating to the project . MNDOT proposed that the City enter into a cooperative agreement to share these costs . City Attorney Vierling recommended that the Council proceed with a feasibility study and authorize staff to enter into negotiations with the two affected property owners and MNDOT. Councilmember Swenson, seconded by Kern, moved to direct Anderlik to prepare a feasibility study. Carried 5-0 . Councilmember Robert, seconded by Swenson, moved to direct City staff enter into preliminary negotiations with the affected property owners. Carried 5-0 . Utilities - Mayor Schaaf reported that 10 percent of the residents of Oak Park Heights were without water from 8 :30 a.m. to 3 : 00 p.m. on Monday, November 11, 1996. City Administrator Robertson reported that the water shutoff was related to US West ' s cable installation project . Robertson indicated that US West was instructed to give the City 24 hours notice before the water was turned off so the City could give residents warning, and that US West had not given any warning and had turned the water off on their own. Council directed City staff to have the project manager of US West come to the next meeting and explain these actions. Council also directed City staff to direct callers on the after hours message system to a number they can call in case of an emergency. Parks Commission - Councilmember Robert reported that the Parks Commission met Monday, November 4, 1996 . The Parks Commission recommended the Council approve the following: • Appoint Lynae Byrne as representative for the Parks Commission to fill the vacancy created by Commissioner Johnson's resignation. I Friends of Long Lake Homeowners Association, Inc. 2962 Marine Circle, Stillwater MN Oak Park City Council November 7, 1996 Dear City Council, Thank you for the opportunity to meet on November 12, 1996. Our association represents approximately half of the homeowners along the lake shore and adjoining parks. We are meeting with each jurisdiction because there is no longer a Brown's Creek WMO to address the watershed issues on Long Lake. Our objective is to share information regarding the risks of flooding and damage to our homes, and to ask your assistance in reducing that risk. Oak Park controls the second largest developed portion of the Long Lake watershed, and if you annex to the Lake Elmo City line, you will control the only significant wetland source of water entering the Lake. I am providing the following data prior to the meeting to expedite our discussion. Attachment 1 shows the Long Lake watershed, your current area of control and potential annexation. In the mid 70's, it was discovered that homes had been built below the natural outlet of the Lake, and that they were at imminent risk of flooding due to above average rainfalls. In response, Stillwater, the developer, and the DNR constructed a lower outlet with a gate controlled by the DNR to protect Brown's Creek. In recent years, homeowners again noticed high waters and asked Stillwater to investigate. Attachment 2 is the Conclusions and Recommendations pages from an engineering study funded by Stillwater, and completed this Summer. The current study found that the 1976 design of the outlet used incorrect assumptions regarding the acres draining to Long Lake, as well as other factors, and that homes are at risk in a 5.9 inch storm, or heavy spring melt. Attachment 3 relates the heights of the storm effects modeled in the study, and the homes. Unfortunately, the current study did not run the hydrologic model with saturated soil and initial water levels at the top of the DNR outlet. However, these may be the most probable conditions in a wet year when heavy storms occur. At the City engineer's suggestion, we extrapolated these conditions from the current calculations, and found that the flood waters would be above approximately half of the basement levels, and within inches of the remaining homes. A Y Long Lake is effected negatively by both the quantity and quality of water entering it. Attachment 4 shows that 75% of the Lake is 3 feet or less in depth, when the Lake is lowered to the level that provides a nominal level of safety for our homes. Because it is shallow the Lake is very susceptible to thermal, silt, fertilizer, and chemical pollution. For example the May 19th storm washed silt from Oak Park and Stillwater developments that remained suspended for over 2 months. The outlet gate must remain open year round, in order to keep the lake at a safe level. The DNR will close the gate if pollution in Long Lake threatens Brown's Creek. We need all jurisdictions to reduce the Lake pollutants. We appreciate Stillwater's work to quantify the risk, and subsequent actions they are taking to reduce the risk. Some of these actions include: • lowering and maintaining the lake level at 889 feet or below, thereby increasing the bounce basin capacity • expanding the capacity of current storm water holding ponds • using very small outlet pipes in the holding ponds to release the storm water over days or weeks, rather than hours. This will better match the rate of water entering the Lake, to the capacity of the DNR outlet from the Lake. • seeking DNR agreement to resize the Lake outlet • assuring that new developments examine their impact on the flooding risk • reducing total acres draining to the lake by redirecting some surface flows from the Cudd development, and the new school property. We need all jurisdictions to work together to reduce our risk. We request that Oak Park Heights: 1. Redesign the current ponds and pipes to hold back more water, reduce rate of flow, and improve water quality. 2. Note the DNR controlled outlet in your Comp Plans and Zoning Ordinances, so they will not be forgotten. 3. Require all new developments in the watershed to quantitatively assess the impact on potential flooding. 4. Allow No Increase in Volume or Rate of runoff, before and after development in the watershed. 5. Work to improve water quality. Thank you for your consideration Sincerely, - 0 Lee Miller Secretary �r /� 14y ,..,,,piapp.;.„)..•-.(2 -_-,•,. .,,..ii,) ('f'i _ � i,r-/ � o`er.1. (1lir..,• r.�� ¢� ,.din• •=• • riet�\' -•• -1 / E 0,�- , (• /� / '<-. LI, ' ��` '• 0:� 7 �M'+71,�e •^'•• y�4 >� �r _ • r '�' ' Y�I,Q v, _lo: LL` / ' ... f\ - -••L •�,glikNift. ' 5 V�•e'e��•l«1�' N'.. �. ' -,�(:1 ,))•,,, l r"'�v.J ,- L• ��1 .s+ 'a oGI tom, �6`61 ;�wT1 s '' - /-•fni-L,- ''-,._,. `t�,''.- "' ill ,, \---, -- e:-! 'i'{,,''. _.•.i��ieN.0 r-r - eiN sc) *._-_71--,e- 9.0.s,pot - • .6 1 A ....,10-zit4 .1. , ..0! . n )1 ; I . ;egg zi ores-docovirouttiim,,itlic-,-. _,..•••4.- ,,V,IY.3 .c, :,,-, ,.. . . _ .,; ......., / -., .1-041bvif limmilyi .16.•al i f.,r-\_.,41 loi, , ...4 w. . . . ,.... p .5..,, ejr , 0 . X75,(`• X, a- 1� / ..1t, ..� _ "f 1 • L^.• ,0•: .4001._ 1 __E %// ;�!• �,. �, ��-'S , \ ",. .- ;, 5-. \- ,,�'• _ - �•J'.Q1 .t,. •/Ci Ci` -� `' it i.. L)l..':,/ O �•.-.,.--,=... - ,... - .........;: .•,.....• ./, . 1 I 1\.: c ... -"..-> 4 ,'"' . v , -.3.-Ai .. 1 .f . iii t. - J✓� •,:.r'.) '. • r!� /� ` ' ,,+0') - - 1. V� ' jy' �• � mat o . ��� �.� 'i, ' .!�.1T : , e ter, 7 .. • / !••• - J' ..1 �i r ) yep //• L�Qp',< ye C`J \ 'P r �,c{'\�C,Ifitair,,l--\ Ntiii,' ,Niir 4,:.; el \----v- t '1.--`, . .4,14:..,..,,,,...„ .'::...... it ,.-. i „,.., _ tr. . .):-.;:::--3,----•)\:::•001, ., A • ' i % if. 1.- - ,, - ..._ -Lv v4,.. /:-.--7:c,- kl..,,,." ,c . ALI\ 1. x , ll ....- .....----,--- , $14,0.. „._ 1:1.yi i • • , .N;1411k%'" _......A:r-T%---''P-L--) -- cv•-•-, c tc7-• ''N''-•-<",,,,\.) •- ' --.,gy :As ......., t. .„, .. ..,...... ,. lif, 2 s ,..::--,- .k. .. . ., 1"-,'" "N% iiiC 7...---.....",.... • t/`�1 �� t/ '�f I� r � �' �� \„ � 3. •t'� L•%' — , re , ,-.• -- 1., 10. .... , ... , ea,., 6 ,. ,.... 1 L\...-.....t•,...41:., • 1116._ ..71 .(..) '.... 11.'....1...V (•-••••••t::........ .`\,,,•.-::.‘.... ....../---, r:-...?-:, cii,,,,i„.../- 1 -J.\ ) \ .••••••- I.-- ....-:;.-43. ' ' --• k••- ......i " - a 2A , „Locen:......:,41, ' - .) i ri.Y.-0 (, _ v..; - L, ,_ ,,, Q. ,:x....___. 46.....,..... ,.... .a..." , .- , , Cr ,..1 t ....... , y 2 "'''1 .4‘;‘,.‘iti (.....•.>4,,,,,.....,:,,'1 1 s I.1 9 ri r/,... 1,. 4r.o" 1\ , tr) .1 :iroi ) ‘ ••••••,-," -Jr ;----41/4:;', ,,,.....* •...6 (cq.e( r-1 ,.-1.0 .4..-J 1 ...rye . c .\ r.. cl • I. ty o n ic— .4_14\1. -.• ‘--L-Z:.,'S (:1;11.-71-142 • -%:°.\ , gdj., ek„,:r .V.:-1 .,FPY 4N., 1 , 1 • , 0,-- ,0 Ai e9,;in IP/4 d n'• . L.,, .N =lob_ . ft • o'..164,S • , ws•• iv"j - \--••-•• c.N•-•-; .4 A t•." • %IV 4,.‘. • 1 • i.. •I i•ire•. • �' •�'� C. `� 1,...;�-yv. } (� �-' „•'' l . ,' . ; .vim,,,,-AfCfr. ,, ).4,4., - , 0. ..e. ,,(bco ;fo._ S• � o)" °0 ��=.z �� � Q6 �(O� o ,�."1f' r� °fig' C� • ,..1‘‘,/r.'19.3 •• . •••'-‘\ ' ,. 4. 1'., 0 .�^ ,-r• % _..i p. ( �( �-�� \. S f`^^ 111 ,���; f••�--�� `�' �!`�E'�'/ - � l - !'N- n 1: . r . r !L. l�:�L•s , 7 J•, .1 rii 1 • 1 Long Lake Study 1 Phase 1 Stillwater, Minnesota • City.Project No. 9615 • SEH No. A-STILL9612.00 July 8, 1996 1"13 1 =5EN 1 I ] Mr. Klayton Eckles,P.E., City of Stillwater July 8, 1996 1 Page 6 I Comparison of the various alternatives in Table 1 show that peak water surface elevations vary depending on the starting water surface elevation. Water surface elevations in alternatives 1 and 3 provide 0.8 feet of freeboard when compared with the 893.5 critical building elevation. Water I surface elevations in alternatives_2,4, 6 and 7 exceed the critical building by a maximum of 0.9 feet. Based on this data,it is imperative that Long Lake and the MDNR ponds be consistently maintained at or near a water surface elevation of 889.0 under existing conditions. Based on comments received at the neighborhood meeting, SEH investigated the Kerns Pond connection to the Long Lake watershed. SEH confirmed this situation during our site visit. Information received from MnDOT defines the Kerns Pond subwatershed as containing 77.6 acres. This area should be draining south to Cloverdale Lake as shown on Drawing No. 1 taken from the Valley Branch Watershed District's 1995 plan. 1 Drawing No. 2 represents the watershed routing diagram. Thirty different ponds/lakes are represented in each of the 1996 alternatives studied. Drawing No. 3 represents the 1975 Long 1 Lake watershed incorporated into the hydrologic analysis consisting of about 1,600 acres. Drawing No.4 represents the 1996 Long Lake watershed consisting of 2,182 acres. A summary of the tributary areas is provided on Table 3. In the future, if an outlet is requested for the 1 subwatershed area west of CR 15 identified as future flow (Browns Creek WMO Water Resource Inventory numbers G36-1 to G36-7)on Drawing No.4,we recommend that the outlet be I constructed to the northeast avoiding the Long Lake watershed. Photos , LiTwelve photos representing various locations along the flow path through the Long Lake Watershed are included in the appendix of this report. riConclusions 1. Under existing conditions, adequate freeboard is not available to protect the critical building in a worst case hydrologic event. 2. Hydrologic alternatives with a starting elevation of 889.0 provide a 0.8 foot freeboard below the critical building elevation for the 100 year events. 3. Hydrologic alternatives with a starting elevation of 891.4 exceed the critical building elevation by a maximum of 0.9 feet for the 100 year events. , )1 4. Part of the Valley Branch Watershed District drains into Long Lake. Mr. Klayton Eckles, P.E., City of Stillwater July 8, 1996 Page 7 5. Future development within the watershed will have an impact. 6. A beaver dam south of STH 36 is retaining about 30 acre-feet upstream of Long Lake. 7. The 1976 MDNR permit allows for replacement or removal of the(2) 30" pipes at Interlachen Drive as well as maintenance excavation. 8. A number of members of the Long Lake Homeowners Association voiced concerns at the May 14,Neighborhood meeting. 9. Watershed area for the 1996 Long Lake Study is about 2,182 acres. 10. Watershed area in the 1975 Long Lake Study was about 1,600 acres. Recommendations 1. Lower or remove the culverts at Interlachen Drive to an elevation at or below 889.0. 2. Dredge the channels downstream of Interlachen Drive to an elevation of 889.0 or lower, including the Long Lake outlet ditch north at CSAH 12. 1 3. Water elevation in Long Lake,MDNR, and Pizinger ponds should at or near a water surface of 889.0 under existing conditions. be consistently maintained 4. Review the need for outlet modifications at Pizinger Pond. 5. Initiate Phase 2 of this study. A copy of the letter proposal is attached for your review. Respectful) S mi I hereby certify that this Report was prepared by me or under my direct supervision, and C.—) 4.447 that I am a duly Regis re. - ofessional Engineer nder the la s • e State of Jeff Davis, P.E. Minnesota. Project Engineer _ 11/fV 1 lk Date: July 8. 1996 Reg. No. 16927 "j . cc: Molly Shodeen,MDNR Mark Doneux,Brown Creek WMO Attachment A • .• U, c >, •01 1.- v 0 ° c 0. W O 01 • fA M o CD w 'Q B. 4 o oa) = 0E co co co CD te Ew 13 o m Ima Lu O = p)a — — C 14 CD - - 0 d J 0 K) CO of N in t. it) M V. C0 N 0) C O CO to NCA s- CO (MCVoi .- O)— O 00) CO O 0) CO 0) CO CO CO O) CA W O) O a0 ao co CO o co o co Co CO CO 00 CO I N d s E o 11.1111M _ c I 2 I a) MI CO Ac d c 3 V J d 0 i = O = 0) y O Y 1.1 d V (13 V a) C o .p aoj Z Cn 'c .� c to y c ca 0 ♦+ 12 CD CO RI C C t0 c € 3 s y o a O o CD n c 6 . 0 o U Z m -c > Q o - C) co o .. .= a) in co 3 = it a)•c o c J a- oNIP da) 0 L 0) 0 CM X Y v• c U O O °) o ° C +-' 0 co 0 o Co E = 0) R o o •• c o a) N L I > a) E o a C u. (o c d «. co > a) r co a) rn -J co o. a)cZ O cco i � - orn 0 E ..• c E a € `) t3 Ce 46 c q� c`na `m a>i � Y c Co C c J S o >, c > = o13 O 0 d L p cv o o = Q� o0 E v' '~ E E :: r" ri g o Z O O L. c -des d 0 3y r"n = m = n = •= W v >• o co g o o $ 0O.,°c 3Y Na I+ w = L .- < coJ 1— J JJ ti i ti < a i - r . 2C W .. 7,0 0 o a 0 a u - . .. 3 W c O a s! S r¢ Xu` N1r- W ; G • O j r V Z W m U o d _ o R soI 1 a a .4 �- 2t1 W = s e 1 j s a _ r o o J g e _ 3 i a y a u C o f a = t ... < : aa = a o a ' a W CI Vi s llk.„,,,( eseN 1 U L. • K M J ,J 5Iv, r a v�. / a• t. y f 1 \ 0 w WM cy • O O 00 C o\ ooI 00 • .> N C.) O o 1 p = .. h , M I O N. X V ` ' ‘,1 ► EC O nv • .. \\`\ C . c •C U ca c" 4 Ill NA x c oO �O 1.1 r K C O N., C O U CIN 11) ". Imo-, • oO O +- H f a ar CA 1 c) .D � K L cn • MN Cl. 3` � '; 4 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 . f v . r Enclosure 1C LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 (012)439.2878 FAX'feta)439-2923 LYLE J. ECKBERG GREGORY G.GALLER JAMES F. LAMMERS 12, 1996 KEVIN K.SJ. WCI ERG ROBERT G. BRIGGS July THOMAS J.WEIDNER PAUL A.WOLFF SUSAN D.OLSON MARK J. VIERLING DAVID K.SNYDER Mr. Bruce Sandstrom 72 C ? MINNESOTA BOARD OF WATER & SOIL RESOURCESJUL 15 1996 i 1 Onie tees2t Water Street 'V St. Paul, MN 55107 In Re: Brown' s Creek Watershed Management Organization Dear Mr. Sandstrom: Enclosed please find a certified copy of a Resolution approved by the Grant Town Board with respect to the issue of the proposed dissolution of the Brown' s Creek Watershed Management Organization. It is- my understanding that your organization will hold a public hearing on July 31, 1996, with respect to this issue. Grant Township does not anticipate attending the hearing, but • instead wanted to voice its opinion of record through a formal Resolution. By copy of this letter, I am also providing copies of the Resolution to all of the other member mun' . ies w- • comprise the Brown' s Creek Management Organ' - = ` i.on. A copy is al' o being sent to Ms. Michelle Ulrich -ttorney for the Brown's Creek Watershed Management Organ'= ion. If anything "urther is requi - d please se -t me know. 4 Yours , P, G = - •/t . Galler GGG:dmr Enclosure c: Michael J Robertson - Sob=Museus - Tracy Mazenac - Niles Kriesel - - _. _ Pat Bantli Pat St. Clair v- r Mary Kueffner Deb Graul Grant Town Board Mark Vierling Bob Briggs Tom Scott Dave Magnuson Jerry Filla Michelle Ulrich TOWN OF GRANT WASHINGTON COUNTY, MINNESOTA I hereby certify that the instruments described below are true and correct copies of the originals which are on file and of record in my office as the duly appointed Town Clerk for the Town of Grant, Washington County, Minnesota. Dated this day of , 199k. Deborah Graul Grant Town Clerk Description of Attached Instruments 1 . ly% 2 . Ra *-St ,. \\e - 3 . 4 . 5 . This Instrument Drafted Bv: Gregory G. Caller ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (612) 439-2878 TOWN OF GRANT WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 1996- 13 A RESOLUTION SUPPORTING THE DISSOLUTION OF THE BROWNS CREEK MANAGEMENT ORGANIZATION. WHEREAS, the Town of Grant is a member community of a joint powers organization known as the Browns Creek Watershed Management Organization; and, WHEREAS, the Town of Grant is aware that the City of Oak Park Heights has submitted a petition to the Minnesota Board of Water and Soil Resources to dissolve the Browns Creek Watershed Management Organization; and, WHEREAS, the Grant Town Board is keenly aware that water issues are becoming more prevalent and more serious throughout Washington County. More areas have been affected by high water, and increased population bases have increased the public's awareness of water issues . Increased population has also placed greater demands upon the abilities of municipalities and water management organizations to deal with water control issues; and, WHEREAS, over the past several years, regulations related to the control of surface water have become more complicated and, in some places, appear to be conflicting; and, WHEREAS, the Grant Town Board believes that water issues need to be dealt with by governmental units with an expertise in and an understanding of water and land use regulations, and sound engineering principals; and, WHEREAS, most municipalities are not qualified to be experts in these types of water issues; and, WHEREAS, the existing Browns Creek Watershed Management Organization is not capable of adequately dealing with the increasing number and complexity of water related issues arising within the confines of the Browns Creek Watershed Management Organization boundaries; and, WHEREAS, it is the belief of the Grant Township Board that the chances of all eight (8) member municipalities unanimously agreeing on language for a new joint powers agreement are very small; and, WHEREAS, it appears that the eight (8) communities which currently make up the Browns Creek Watershed Management Organization have different views on the relative importance of IIvarious projects that may need to be conducted within the confines of the area; and, WHEREAS, the Grant Town Board believes that one (1) group with a district-wide view would be more helpful to all of the member communities. Specifically, the Township Board believes that a watershed district should be formed to handle these problems . NOW, THEREFORE, based upon the foregoing, the following Resolution was duly made, seconded and approved: 1 . The Grant Township Board affirmatively finds and believes that the Browns Creek Watershed Management Organization is not functioning to the satisfaction of the residents or the communities. 2 . The Grant Township Board hereby expressly supports the Petition filed by the City of Oak Park Heights to dissolve the Browns Creek Watershed Management Organization. 3 . The Grant Township Board joins in the request of the City of Oak Park Heights and hereby affirmatively asks the Minnesota Board of Water and Soil Resources to dissolve the Browns Creek Watershed Management Organization (as is provided for by law) , and to begin steps to form a watershed district in place of the Watershed Management Organization. WHEREUPON, a vote being taken upon the motion, the following members voted in .favor All. The following voted against : None. WHEREUPON, said motion was declared duly passed this 3rd day of July, 1996. Aa)4 GaryEzchson, Chairmans Attest : Deborah Graul, Town Clerk 2 Page 4 - Minutes 06/24/96 Bridge Computer Animation - Councilmember Robert stated that MNDOT has developed a new computer animation of the proposed bridge. Consent Agenda: Approve Minutes - June 10, 1996 Set Public Hearing - Request for Kennel License - Debra Zahler Runk - 5525 O'Brien Avenue North - July 23, 1996 Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 5-0 . Unfinished Business Brown's Creek Joint Powers Agreement Proposed Amendments - Councilmember Schaaf, seconded by Swenson, moved to approve the amendments to the Brown's Creek Joint Powers Agreement . Carried 5-0 . Scenic Overlook - Councilmember Robert stated that MNDOT has proposed to open up the site lines at the scenic overlook, which would involve the removal of trees and brush. MNDOT is requesting the City maintain the area once the project is completed. Councilmember Robert will prepare a memo for the Council regarding this issue . Public Hearings: Public Hearing - An Ordinance Relating to the Sale, Possession, and Use of Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors - Mayor O'Neal opened the Public Hearing at 8 : 05 p.m. Administrator Robertson reported that notices of hearing were mailed to all businesses who have current tobacco licenses. City Attorney Vierling stated that the proposed ordinance would prohibit tobacco vending machines and would require that current self-serve sales of tobacco be located behind counters where employees would control access . Representatives from Holiday, SuperAmerica, Sprint, and Applebee' s were present . None of the representatives from the businesses stated opposition to the proposed ordinance. Mayor O'Neal noted a letter received from M.G.M. Liquor Warehouse requesting an exemption for cigars. Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8 : 15 p.m. Councilmember Schaaf, seconded by Swenson, moved to adopt Ordinance 96-1409-04 relating to the Sale, Possession and Use of Tobacco, Tobacco Products, Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors . Carried 5-0 . Page 3 - Minutes 06/24/96 Parks - Councilmember Robert reported that the Parks Commission did not have a quorum on June 16, 1996 . City Hall Improvements - Mayor O'Neal noted improvements made to City Hall . Councilmember Swenson reported that he received three bids, one in the amount of $3 , 200, for the installation of an awning for the entrance of City Hall . No action was taken. Administration - Robertson distributed MNDOT Property Acquisition Sheets. Council reviewed the report and noted MNDOT has purchased 15 houses and has made offers to purchase the majority of the homes in lower Oak Park. League of Minnesota Cities Conference - Mayor O'Neal reported that she, Councilmember Schaaf, and Administrator Robertson attended the League of Minnesota Cities Conference last week. Mayor O'Neal and Administrator Robertson reported that their presentation on Strategic Planning for Small Communities went well and was well attended. Cable - Councilmember Swenson stated that the next Cable Commission meeting will be Wednesday, July 17, 1996 . Water Management Organization - Councilmember Schaaf reported that the Brown' s Creek WMO met and made progress on resolving their issues. The next meeting is scheduled Wednesday, July 17, 1996 . Councilmember Schaaf recommended approving amendments to the Joint Powers Agreement. Middle St . Croix Water Management Organization - Mayor O'Neal stated that the next meeting for the MSCWMO will be held Wednesday, June 26, 1996 at 7 : 00 p.m. at City Hall . Long Lake Study - Robertson said that he attended a meeting with MNDOT, Soil and Water Conservation, and the City Engineer' s office to discuss the impact the Highway 36 reconstruction project may have on Long Lake. Robertson reported that when the study is done a copy of the report will be sent to the City Engineer. Strategic Planning Committee - Mayor O'Neal stated that the June 25, 1996 Strategic Planning Committee meeting has been canceled and will be rescheduled at a later date . Oak Park Heights Business Group - Robertson stated that the first meeting for the Oak Park Heights Business Group will be held Thursday, July 11, 1996 at 7 :30 a.m. at Canelake' s Restaurant . Party in the Park - Mayor O'Neal reminded the Council and residents that the Party in the Park will be held Saturday, August 10, 1996 from 1 : 00 p.m. to 3 :30 p.m. at Valley View Park. Page 3 - Minutes 05/13/96 Restaurant Health Inspections - Mayor O'Neal directed City staff to request restaurant inspections reports from the County Public Health Department for the restaurants in Oak Park Heights. Historic Photos For Display at City Hall - Administrator Robertson reported that he received a photo of the Sunnyside area before Sunnyside Condominiums were constructed from Ted Raduenz . Mayor O'Neal said that the City was looking for historic photos of the community to display at City Hall . Water Management Organization - Administrator Robertson reported on a letter received by the City of Hugo stating that they believe the existing Brown' s Creek Water Management Organization (BCWMO) is no longer effective . Hugo indicated that they are in favor of enhancing the powers of the BCWMO or eliminating the organization all together and forming a Watershed District . Councilmember Schaaf, Seconded by Kern, moved to go on record favoring the dissolution of the BCWMO and the formation of a Watershed District in its place. Long Lake Advisory Committee - Mayor O'Neal reported on a letter received from David Fabio and Edward Gordon, representatives from the Friends of Long Lake Homeowners Association, Inc. They have asked the City of Stillwater to form a Long Lake Study Advisory Committee composed of representatives from Oak Park Heights, Baytown, Lake Elmo, Grant Township, Stillwater Township, and the Long Lake Homeowners Association. Mayor O'Neal expressed interest in serving as a representative to the Long Lake Study Advisory Committee if it was created. Councilmember Schaaf, seconded by Kern, moved to appoint Mayor O'Neal as representative to the Study Advisory Committee . Carried 5-0 . City Staff was instructed to send a letter to Mr. Fabio stating Mayor O'Neal ' s appointment to the committee. Strategic Planning Committee - The next Strategic Planning Committee meeting with Bayport will be held on Thursday, June 6, 1996 at 7 : 00 p.m. at the Bayport Library. Oak Park Heights Business Group - Administrator Robertson reported that a letter will be distributed to businesses in Oak Park Heights after the Stillwater Art Fair is completed. CITY OF OAK PARK HEIGHTS .off ' 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439 •FAX 439-0574 July 31, 1996 Members of Browns Creek Water Management Organization: As a member of the Browns Creek Water Management Organization for a number of years, I feel I have a responsibility to my City to comment on the petition for dissolution. It has become quite evident over the last year that the current board, each very qualified and,representative of his/her community,has come to a point where more time is being spent debating and positioning than collaborating to solve the concerns of our constituents within the Organization. These are not easy decisions to make but I feel it is time to move forward with either the Joint Powers Agreement or dissolve and let other parties make the necessary decisions. We have already lost the great part of a season and many months of moving toward a • resolution for the impacted areas of Brown's Creek, Long Lake, and the Kismet Basin. I respect the time and effort each of the members has committed to this Organization and expect a decision on the dissolution will be made in the best interest of each city or township as well as the betterment of the entire St. Croix Valley. Respectfully submitted, Y OF OAK P• ' HEIGHTS •:arb •'Neal - Mayor • coPY PY Tree City U.S.A. Enclosue 1B 't MICHELLE J. ULRICH ATTORNEY AT LAW 1561 Lincoln Avenue St.Paul,Minnesota 55105 (612)699-9845 Facsimile(612)699-9553 July 1, 1996 Rebecca Johnson Supervisor May Town Board % Linda L. Klein, Clerk 13519 May Avenue North Stillwater, MN 55082 Dear Ms. Johnson: As you are aware, the Browns Creek Watershed Management Board of Commissioners (Board) at its last board meeting reviewed your comments on behalf of the May Town Board to the proposed amendments to the Joint Powers Agreement. The Board responds as follows. 1. You express concern with the language in Section 3.2 regarding the term of Commissioners. This language is taken verbatim from Minn. Rules 8410.0040. Since this language is required by the Minnesota Rules, the Board chose not to remove it from the proposed amendment. 2. In Section 4. 18 regarding emergency authority, May asks for a capped dollar amount for the Board to exercise this authority. Since Section 4. 18 (excepting the example sentence) is taken verbatim from Minnesota Statutes section 103B.252 for watershed management organizations, the Board chose not to add language to the proposed amendment capping the dollar amount. In an effort to respond to any concern the Town of May might have regarding the discretionary authority of the Board to declare an emergency, the Board suggested the following language be added, following the last line in subparagraph (a) of Section 4. 18: Before the Board declares such an emergency, it shall ask the BCWMO's Technical Advisory Committee to assist the Board in making the "emergency" determination. 3. In Sections 5.7, 5.8, 5.9, 6. 1 and 6.2 the Town of May asks that any authority regarding the expenditure of funds be kept at the township level rather than at the discretion F Page Two July 1, 1996 of the WMO. The language in those sections is taken verbatim from the statutory authority for watershed management organizations in Minnesota Statutes sections 103B.241 and .251. The Board therefore chose not change the proposed 5.7, 5.8, 5.9, 6. 1 and 6.2 amendments. The Board points out that in Section 6.3 the local governmental units still have the authority under Minnesota Statutes section 103B.245 to establish subwatershed taxing districts and pay for the costs of planning and projects by taxation in those local taxing districts. Additionally, the BCWMO's Watershed Management Plan could still provide that various local governmental units in the Watershed implement and pay for projects locally. 4. In Section 7.3 regarding eminent domain the Town of May prefers the original language in the Joint Powers Agreement. The Board chose to retain the proposed amendment to Section 7.3. Thank you for your comments on behalf of the Town of May. The Board looks forward to hearing from the May Town Board regarding its response. Sincerely, Mi elle J. 1ri h Harold H. Sheff MJU/HHS:jp cc: BCWMO Board of Commissioners Baytown Township Town of Grant City of Hugo City of Lake Elmo Town of May City of Oak Park Heights City of Stillwater Stillwater Township Bruce Sandstrom, BWSR Enclosure 1C .MICHELLE J. ULRICH 4TTORNEY AT LAW 1561 Lincoln Avenue St.Paul,Minnesota 55105 r� . R (612)699-9845 I — — - 11 Facsimile(612)699-9553 i J I July 1, 1996 JUL 21996 Gregory G. Galler Eckberg, Lammers, Briggs, Wolff & Wierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 Dear Mr. Galler: The Browns Creek Watershed Management Organization Board of Commissioners (Board) at its last board meeting reviewed your comments on behalf of Hugo and Grant to the proposed amendments to the Joint Powers Agreement. The Board responds as follows. 1. In Section 1. 1 the Board agreed with your suggestion to include a reference to future amendments to 1038.201 through 103B.255. The last line in Section 1. 1 would therefore read: sections 103B.201 through 103B.255. as amended from time to time. 2. Section 1. 3 (g) discusses a "forum" for the resolution of disputes. You express concern that the power is not well defined. As you are aware, this provision is a part of the current Joint Powers Agreement. If you are suggesting that this paragraph be amended, the Board does not object to such an amendment. The Board therefore deleted subparagraph (g) entirely. Subparagraph (h) would then be relettered (g) . 3. You express concern with the language in Section 3.2, regarding the term of Commissioners. This language is taken verbatim from Minn. Rules 8410.0040, the statutory authority for which is Minnesota Statutes sections 1038. 101, .211, .231, .227 (1994 & Supp. 1995) . Since this language is required by the Minnesota Rules, the Board chose not to remove it from the proposed amendment. With respect to your question regarding a "Code of Ethics" referenced in Section 3.2, the Board could establish one under its authority to establish rules and regulations. 4. Section 3.7 provides than any member may call a special meeting of the Board. You suggest that this language from the original Joint Powers Agreement be changed so that two or three members would be required to call a special meeting. The Board agreed to change this language to require two members to call a special meeting. Therefore the second sentence in section 3.7 would read: "Special meetings shall be held at the call of the Chair or by at least two other members of the Board giving not less than three days written notice of the time, place and purpose of such meeting delivered or mailed to the residence of each Board member or to the City Clerk for each member City and/or Town." 5. Section 3.8 refers to a "regular meeting in January. " Section 3 .7 does not. In order to make these two sections consistent the Board suggests the following change be made to the first sentence in Section 3 .7: The Board shall meet at least once annually in January. and at other necessary times to transact the business of the BCWMO. 6. With respect to your concern in Section 4.1 over the words "and as prescribed by law, " the Board suggests that those words be deleted, and a period inserted after the word "agreement" in the second to last line of Section 4.1. 7. In Section 4. 12 the reference to "Chapter 47" should include the words "of the Minnesota Statutes. " 8. In Section 5.2 the word "should" should be changed to "shall" in the sentence dealing with notices. The sentence would therefore read: The notice and summary shall be published once each week for two successive weeks before the hearing. 9. The Board does not object to your suggestion that the reference in Section 5.6 to "affected county" and "county" be changed to "Washington County. 10. The Board believes the language in Section 8.2 of the current Joint Powers Agreement requiring unanimous consent should not be changed. However, since Minn. Rules 8410.0030, Subpart 1 (N) requires a ninety day notice of intent to dissolve to the county and BWSR, the Board suggests the following 2 sentence be added after the single sentence in Section 8.2: If the agreement is to be terminated by unanimous consent, a notice of intent to dissolve the BCWMO shall be sent to Washington County and to the Board of Water and Soil Resources at least ninety days prior to the date of dissolution. With respect to your comments regarding Section 8.3, the Board suggests that section read as follows: Anv party may petition the Board to dissolve this agreement. Upon receipt the Board must forward a copy of the petition for dissolution to the Board of Water and Soil Resources and Washington County. After ninety days from the date on which the Board of Water and Soil Resources and Washington County received a copy of the petition for dissolution, the Board shall hold a hearing on the petition. Upon hearing the Board by resolution of a majority of the Board present at which a quorum is present. may_ recommend that the BCWMO be dissolved. The Board shall submit such resolution to each governmental unit that is a party to this agreement. Each governmental unit that is a party to this agreement shall have sixty days from receipt in which to consider such resolution to dissolve. If ratified by three- fourths of the councils of all parties within sixty days of receipt. the Board shall dissolve the BCWMO allowing a reasonable time to complete work in progress and to dispose of personal property owned by the BCWMO. If any_ party fails to take action on such resolution within the above sixty day period, the resolution to dissolve shall be deemed ratified by that party. (The last two sentences of Section 8.3 would remain the same, with the proposed editorial changes in the last draft. ) 11. The current Joint Powers language in Article 10 provides in part: "Amendments shall be adopted by three-fourths (3/4) vote of the governing bodies of the parties within 90 days of the referral. " In order to clarify this language, as you suggest, the following sentence could be added: If the governing body of any party fails to take action on such proposed amendments within 90 days from the date of receipt, the proposed amendments shall 3 t be deemed approved by that party. Finally, in your letter on behalf of Hugo and Grant you further ask that the Joint Powers Agreement provide: The WMO cannot order a municipality to conduct eminent domain proceedings, cannot order a municipality to study or conduct projects, and cannot order a municipality to pay money directly to the WMO. The Board chose not to include the above provisions in the proposed amendments to the Joint Powers Agreement. With respect to eminent domain, the proposed amendment provides the Board may conduct eminent domain in those situations where the governmental units will not do so on its behalf. The Board chose not to include the rest of the above limiting language because of potential conflicts with the statutory requirements in Minnesota Statutes Chapter 103B. Thank you for your comments on the Browns Creek Watershed Management Organization Joint Powers Agreement. The Board looks forward to hearing from you regarding the above. Sincerely, ril/I/Wid ('64-- Miclle J. U ich Harold H. She f Attorneys for BCWMO MJU/HHS:jp cc: BCWMO Board of Commissioners Baytown Township Town of Grant City of Hugo City of Lake Elmo Town of May / City of Oak Park Heights v/ City of Stillwater Stillwater Township Bruce Sandstrom, BWSR 4 Enclosure 1D MEMO To: Mayor and Council From: Janet Robert Date: June 25, 1996 RE: Scenic Overlook You have received the minutes of the meetings of the Scenic Overlook design group and will receive the minutes of the last one held on June 19th. I want to inform you of a key issue the City needs to decide. The bridge will cut across the entire view of the Overlook, therefore, MnDOT must mitigate this impact. MnDOT has agreed to do some clearing of undesirable trees in the area to the Northeast of the Overlook. This area is a triangle bordered to the west by Lookout Trail and the east by Highway 95. It once was open prairie and now has mature oaks and a heavy underbrush of buckthorn, an undesirable non-native thorny understory tree. They will plant native grasses and leave a few desirable oaks pruning their lower branches to open sitelines. They are then committed to keeping that area cleared. MnDOT refuses to clear all the underbrush and undesirable mature trees in the area north of the Overlook, because they do not impact the views of the river. MnDOT has offered to clear all the area to the north if the City accepts the grant of that land north of the overlook and agrees to keep it maintained (clear of underbrush). Such an undertaking would require work crews to go in every two years and cut underbrush getting started. If done every two years, it would not get out of control or be too difficult. It could be done with Sentence to Serve work crews. Although I believe it would enhance the Overlook, by opening up the view of the valley and giving it a well maintained look, I am concerned about the commitment on the part of the City. Although I believe Sentence to Serve work crews could handle this project for the City, I am not sure if the benefit outweighs the burden of the commitment. I would like this subject on the agenda at the next council meeting for council direction. -Dmcmovi7;; )11 PUBLIC HEARING XL 2 2 IS AND REGULAR MEETING NOTICE BROWNS CREEK WATERSHED MANAGEMENT ORGANIZATION The Browns Creek WMO will meet Wednesday,July 31, 1996 at 7:00 p.m. at the Washington SWCD office. The SWCD office is located at 1825 Curve Crest Blvd., Stillwater. AGENDA 1. Call meeting to order 2. Approves minutes of the June 19, 1996 meeting. 3. Treasurer's Report 4. PUBLIC HEARING ON THE PETITION BY THE CITY OF OAK PARK HEIGHTS TO DISSOLVE THE BROWNS CREEK WATERSHED MANAGEMENT ORGANIZATION 5. Joint Powers Agreement Update , 6. Old Business a. Hugo/May Joint Powers Update(School Section/Goggins Lake Outlet) b. Kismet Basin Update b. Long Lake subwatershed issues 7. New Business a. Any new business that can properly be brought before the Board 8. Staff Report a. SWCD Report b. Correspondence 9. Adjourn C:4nsoffice\winword\O696AGEN.DOC PRELIMINARY-NOT APPROVED Browns Creek Watershed Management Organization Minutes of the June 19, 1996 Meeting Present: Klayton Eckles, Art Welander, David Francis, David Schaaf, David Truax, Rebecca Johnson and Andy Hansen. • Others: Mark Doneux, Attorney Michelle Ulrich, Engineer Ed Matthiesen, Konrad Koosman, Molly Shodeen, Craig Leiser,Joyce Welander. Chairman Eckles called the meeting to order at 7:17 p.m. There was an addition to the agenda. Motion by Eckles, seconded by Johnson, to add Item 3.5 to discuss the Petition for Dissolution by the City of Oak Park Heights. Motion carried unanimously. Approval of minutes of the April 17, 1996 meeting. Motion by Hansen, second by Welander to approve minutes as presented. There was no discussion. Motion passed unanimously. Treasurer's Report Truax presented the treasures report. There were no bills presented. Motion by Hansen, Seconded by Schaaf,to approve Treasurer's Report, subject to audit. Motion passed unanimously. • Discussion of City of Oak Park Heights Petition to Dissolve Brown's Creek Watershed Management Organization(WMO) There was some discussion of schedules and procedures relative to setting a hearing date and rescheduling the regular Brown's Creek WMO board meeting. Motion by Schaaf, seconded by Johnson, to set Public Hearing for Petition to Dissolve Brown's Creek WMO on Wednesday, July 31 at 7:00 p.m. and to also change the July meeting date to the 31st of July. Motion passed unanimously. Following the setting of the hearing date, each member presented each municipalities position on the WMO and the proposed changes to the Joint Powers Agreement. Schaaf stated that because there was no movement toward meaningful resolution of the WMO the City of Oak Park Heights wanted to start the dissolution process. Eckles stated that the City of Stillwater wants resolution also but would prefer a Joint Powers Agreement WMO. Johnson reported that May Township wanted to retain final approval of costs or budgets. Welander stated that Grant Township felt because of the many wetlands and landlocked areas within the Township that they do not contribute the proportion of runoff that others other communities such as the City of Stillwater and Oak Park Heights. Hansen stated that Baytown Township supports a Joint Powers WMO. Francis restated the irony that if the parties don't agree to the Joint Powers Agreement that local control will be lost and all of the objectionable items in the proposed Joint Powers Agreement, such as Eminent Domain, would be given to an entity with no direct local representation. Francis also stated that comments and changes made by City of Hugo, May and Grant Townships would only water down the Joint Powers Agreement and ultimately render the WMO ineffective. Francis stated that Stillwater Township supports the Joint Powers Agreement as proposed. Page 1 -Minutes of the June 19, 1996 Brown's Creek WMO meeting . PRELIMINARY-NOT APPROVED Kismet Basin Resolution Konrad Koosmann gave an update to the board regarding the work being conducted by the Washington S.W.C.D for the feasibility study on the Kismet Basin outlet. Joint Powers Agreement(JPA) Attorney Ulrich led the discussion on the comments to the proposed Joint Powers Agreement. Ulrich began reviewing the City of Hugo's comments. Ulrich referenced the June 4, 1996 letter from City of Hugo Attorney Greg Galler. Ulrich stated that Item 1 from Attorney Galler's letter was acceptable. Item 2 was also an acceptable change. Item 3 referred to section 3.2 in the proposed Joint Powers Agreement regarding the removal or replacement of a board member. The consensus was to leave the original wording as is. It was agreed that Item 4 from the Galler letter could be changed from one to two members required to call a special meeting.. It was agreed to make a change in the wording regarding the annual meeting in January to be consistent with other language in the agreement. It was discussed and agreed that it was acceptable to drop the "as prescribed by law"in the Item 6 comment from the Galler letter,however, subsections A, B and C of Item 6 would not be added. Item 7, 8 and 9 were acceptable to add or make the suggested changes. It was discussed and agreed that the first paragraph comments,in Item 10 were to be left, however, a 90 day notice requirement would be added. A 3/4 consent to dissolve provision would be clarified. Item 11 was acceptable to change. The Town of Grant's comments repeated those made by the City of Hugo and added two additional comments. Attorney Ulrich responded to Grant Townships comments by stating that, by law, the WMO could not levy a tax based on runoff. It was clarified that it is possible to levy a tax, based upon runoff, for a specific project. Regarding emergency procedures, it was discussed and agreed that if one or more member communities objected to the declaration of an emergency, that the Technical Advisory Committee would be convened to develop findings of fact, conclusions and recommendations for the board regarding the possible emergency. The Town of May's comments were then discussed. It was discussed and agreed that there would not be a financial cap placed on emergency projects. May Township wanted final approval authority over the budget, however, it was agreed to leave the Joint Powers Agreement as is and it was added that the Township still has input through its voting member and in any planning process for capital improvement projects. The issue of eminent domain was previously discussed by the board. A motion was made by Schaaf, seconded by Francis to have Attorney Ulrich make final changes to the Joint Powers Agreement and send out for adoption by the member communities. Motion passed unanimously. Old Business Hugo/May WA Engineer Matthiesen updated the board on the joint Hugo/May project being conducted by those communities. Matthiesen stated that a public hearing was held to discuss the findings of the feasibility study. Page 2-Minutes of the June 19, 1996 Brown's Creek WMO meeting PRELIMINARY-NOT APPROVED Long Lake Doneux provided an overview of the issues in the Long Lake subwatershed. It was reported that there was a meeting scheduled for Thursday, June 20, 1996 to go over all of the issues with the affected communities of Oak Park Heights and Stillwater. Engineer Matthiesen would also be present. New Business Proposed outlet for the Sunnybrook area of Grant Township Doneux summarized a letter and document received from the Valley Branch Watershed District Engineer, Randy Peterson, requesting consideration of outletting flood waters from the Sunnybrook area into Brown's Creek. No formal action was taken, however, the discussion was not favorable to that possibility due to the existing flooding problems already occurring in the Brown's Creek Watershed. Staff Report Doneux stated he was meeting with the sales representative for the outlet monitoring equipment and that it was hoped to have and install the monitoring station yet this summer. Molly Shodeen stated that installation of the monitoring station was important and that the sooner it could be completed the more data would be collected yet this year. Adjournment Hansen moved, seconded by Johnson,to adjourn meeting at 9:17 p.m. Motion passed unanimously. Respectfully submitted,Mark Doneux,Technical Advisor • c:\...mjdlwsd\bcwmo\0696min.doc • Page 3-Minutes of the June 19, 1996 Brown's Creek WMO meeting BROWNS CREEK WATERSHED MANAGEMENT ORGANIZATION PUBLIC NOTICE OF REGULAR MEETING PLEASE TAKE NOTICE that the Browns Creek Watershed Management Organization Board of Commissioners has rescheduled its July 17, 1996 regular meeting for July 31, 1996. The Browns Creek Watershed Management Organization Board of Commissioners will hold its regular meeting on July 31, 1996 at the Washington Soil and Water Conservation District Office at 1825 Curve Crest Boulevard, Stillwater, Minnesota, following the close of the July 31, 1996 public hearing on the petition of the City of Oak Park Heights to dissolve the Browns Creek Watershed Management Organization. , " CITY OF '� .- OAK PARK HEIGHTS `- - 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 fi• k l May 21, 1996 City of Stillwater 216 N. 4th St. Stillwater,MN 55082 Attention:Nile Kriesel and Klayton Eckles - On May 13, 1996 at our regular Council meeting,I-was appointed to represent the City r • on a possible Study Advisory Committee which would deal with the concerns of Long • :Lake. Please keep me informed_as to the progress of such a committee and any further information regarding this issue that may be pertinent to the City of Oak Park Heights. _ Sincerely, /6 Barbara O'Neal Mayor cc: Friends of Long Lake David Fabio,Edward Gordon Baytown Township Lake Elmo - - Grant Township Stillwater Township -Jack Takemoto,Chairperson Tree City USA. Page 4 - Minutes 06/10/96 Valley Branch Watershed District - Mayor O'Neal asked if Valley Branch had received the information they requested. Robertson reported that City Engineer Carol Caron has left messages with their engineer but has not heard back from them. Council directed Robertson to write a letter to Valley Branch stating that Oak Park Heights has tried to contact them but has not received a response. Strategic Planning Committee - Administrator Robertson reported that the SPC met Thursday, June 6, 1996 to review a report that Administrator Hartung and he developed detailing what type of Public Works services could be shared by Oak Park Heights and Bayport . The Committee asked for further analysis of the issue and a meeting was scheduled for Tuesday, June 25th at 7 : 00 p.m. Oak Park Heights Business Group - Councilmember Schaaf stated that a tentative date has been set for the last week of June for the first meeting of the Oak Park Heights Business Group. Design Review Committee - Councilmember Robert reported that she will meet with a group of representatives from MNDOT and the County Historical Society to discuss the scenic overlook on Wednesday, June 12, 1996 . Consent Agenda: • Approve Minutes - May 28, 1996 • Approve Zoning Ordinance Workshop Minutes, June 3, 1996 • Request for Payment - Nordling Construction - ADA Improvements - $7, 952 . 00 • Request for Payment - Tower Asphalt - Autumn Ridge Phase III - $82, 982 . 03 . •Payment of Bills and Approval of Investments Councilmember Schaaf requested removal of the May 28, 1996 Minutes for discussion. Councilmember Kern, seconded by Kern, moved to approve the Consent Agenda with the exception of the Item 3A: May 28, 1996 City Council Minutes . Mayor O'Neal seconded by Swenson, moved to strike the following sentence on Page 4 of the May 28, 1996 City Council Minutes, "Mayor O'Neal stated she is in favor of setting Council compensation at $4, 200 and Mayor compensation at $5, 600 ." Carried 5-0 . Unfinished Business Brown' s Creek Joint Powers Agreement Proposed Amendments - City Attorney Vierling stated that he reviewed the Brown' s Creek Joint Powers Agreement (JPA) proposed amendments as requested by the City Council . Vierling described the differences between the organization' s authority now and what is proposed under the JPA. • Page 5 - Minutes 06/10/96 Councilmember Schaaf, seconded by Swenson, moved to adopt a resolution to dissolve the Brown' s Creek Water Management Organization. Carried 5-0 . A letter will be sent to the Browns Creek Water Management Organization suggesting they dissolve . Joint Powers Amendment - Councilmember Schaaf, seconded by Kern, moved to table discussion of this issue until the next meeting scheduled Monday, June 24, 1996 . Carried 5-0 . -. - • • •_ 1i . - - • . t- • - _I. • _i _ • of Block 1 of Valley View Second Addition - City Attorney Vierling stated that the current easements in Valley View Second Addition must be vacated as a result of the Council ' s approval of the new plat requested by Jack Krongard. Vierling requested that Council, based on Krongard' s past application and at his expense, schedule a Public Hearing for the vacation of storm water drainage and utility easements in Lots 1-8 of Block 1, Valley View Second Addition so a new plat can be drawn for that property. Councilmember Schaaf, seconded by Swenson, moved to schedule a Public Hearing on Monday, June 24, 1996 at 7 :30 p.m. for the vacation of drainage and utility easements for Lots 1-8 of Block 1 of Valley View Second Addition. Carried 5-0 . Jiighway 36 Reconstruction Utility Relocation - Administrator Robertson stated that MNDOT would like to meet with City staff to discuss their objections to the City Engineer' s utility relocation design. City Engineer Anderlik recommended strongly that the follow his design. Councilmember Schaaf and Mayor O'Neal indicated their desire to be present at the meeting. Councilmember Schaaf, seconded by Kern, moved to request MNDOT be present at the City Council meeting scheduled at 6 :30 p.m. on Monday, June 24, 1996 to discuss their concerns . Carried 5-0 . Public Hearings: . - •_ • 19 - - • - - - D • • - I • ' ' •w. - - - Mayor O'Neal opened the Public Hearing at 7 : 50 p.m. Dale Young was present to discuss the proposed variance . Young stated that he would like the variance to add a third garage stall so that he could store his boat in a locked garage rather than under his deck. Chuck Oswald, 14221 Upper 54th Street North, stated that he would prefer the variance be limited to 5 feet from his property line. Young said that he thought he could live with that . Hearing no further comment, Councilmember Kern, seconded by Schaaf, moved to close the Public Hearing at 7 :56 p.m. Carried 5-0 . Councilmember Swenson, seconded by Robert, moved to grant the variance due to safety issues, but limiting the setback to no less than 5 feet from the property line. Carried 5-0 . Enclosure 2B f � Lower St. Croix Planning Coordination Office 117 Main Street Stillwater, MN 55082 612-439-7122 [11\ JUN 2 01996 TO: Lower St. Croix Planning Task Force Local Government Representatives Interagency Contacts M FROM: Buck Malick, Chair, Lower St. Croix Planning Task Force Kate Hanson, Planning Coordinator DATE: Tuesday, June 18, 1996 This is to remind you that our next Task Force Meeting is: When: Wednesday, June 26, 1996 • 7:00 - 9:00 p.m. Where: Phipps Center for the Arts, River Room 109 Locust Street, Hudson, Wisconsin The agenda for this meeting includes: 1 . How the Valley was Formed (Geology) presentation by J.D. Lehr, Division of Minerals, Minnesota Department of Natural Resources 2. Biological Survey Information presentation by Dan Wovcha, Minnesota Biological Survey * natural communities along the Lower St. Croix * significant rare species * how to protect them NOTE: information from the Wisconsin Natural Heritage Program will be incorporated into this presentation. Enclosed, you will find notes from the June 10 meeting. If you see that corrections or additions are needed, please bring them to our attention next Wednesday evening--or phone Kate (612-439-7122) or Buck (715-386-7010) in advance of the meeting. The Task Force meeting schedule for July, August and September is on the back of this page. Schedule of Lower St. Croix Planning Task Force Meetings Mondax, July 8; 7 p.m. Atiaiek lkhources (emphasis on water quality) (tie in with meeting of interagency group working on St. Croix Basin Water Resources Management Plan) Tuesday, July 23; 7 p.m. Fauna and Flora (including mussels, dragonflies, St. Croix fishery) Tuesday and Wednesday, August 20 and 21; 7 p.m. Recreation (including boating, island and shoreline use, recreational capacity, tourism) Tuesday, September 10; 7 p.m. Cultural Resources Tentative: Week of September 23 (2-4 days/evenings) Management Concepts Workshop Notes from Lower St. Croix Planning Task Force Meeting June 10, 1996 Topics: Follow-up on River Crossings; Land Use/Land Cover Task Force Members Present: Buck Malick, Terry Moe, Pat Kytola (new member--City of Osceola), Linda Luckey, Judy Bellairs, Tom Clarke, Bob Burns, Audrey Kelley, Pat Nunnally, Larry Kennedy, Julie MacSwain, Jim Johnson, Laura Reynolds, Mark Smith, Mark Kinders, John Jansen, Stan Narusiewicz, Katherine Francis (new member--City of Stillwater), Molly Shodeen (for Steve Johnson), Kate Hanson (coordinator). Also Present: Miles Wittig (Somerset Twnsp.), Kathy Nelson (WI DNR), Brian Adams (Natl. Park Service), Robert Rolle (Troy Planning Board), Rich Hafdahl (Tourism Alliance & Osceola) John Blienkenderfer (Lakeland Shores), Dan McGuiness (MN-WI Boundary Area Commission). Discussion of summer meeting schedule: In response to a phone call from a task force member who cannot attend evening meetings (Tim Barton), Kate inquired about possibility of meeting in late afternoon. About 6 people attending on 6/10 indicated they could not attend earlier meetings. It's not known how many task force members are not attending because of the time. Since to date only one other communication has been received about this (from Pete Keppler), we will continue to meet in evenings. In future, meeting notes will be mailed with the notice for next meeting. Follow-up discussion on May 30 River Crossings Meeting. Summary statements that will be carried forward into future task force/public workshops to develop the cooperative management plan are summarized below: * Need coordination of projects that cross river and need actions, ways to ensure coordination takes place. The coordination is needed among companies and agencies proposing projects, regulatory agencies, riverway agencies and the public. * The St. Croix's status as a National Scenic Riverway should be accorded greater importance in decisions regarding crossings. Cost is not the only factor--need to consider all available technology and be better informed about real costs. Observations on the May 30 presentations that contributed to the above summary statements are as follows: Coordination of crossings: There is lack of coordination early on to consolidate bridge crossings and utilities. This encourages proliferation of crossings. How do we change that? There is talk about co-locating facilities, but no action. Address this in plan. • n - Need timely exchange of information on projects. Lack of communication is an issue--and there is lack of motivation to communicate. Need to get people with different missions thinking common missions. Need to set course of action that forces them to plan together. Legislators could be customers of updated management plan--and actions could be recommended for legislation. Master plan encourages protecting scenic values, which means co-locate crossings. Grantsburg is good example for bridge with utility lines; WI Public Service Commission has ability to require this. Question: are utilities/power lines on bridges good from a scenic standpoint? Alternative crossing methods: Should encourage underground conduits; in addition to protecting scenic quality, this would be better for electromagnetic pollution, cleaner. There may be negative environmental impacts from underground lines (for example, damage that could be caused if coolants leak). Other cooling mechanisms might be available. Might be more expensive than overhead crossings, but underground shouldn't be eliminated from the discussion of alternatives. Need use best available technology, with goals of environmental & aesthetic protection. Buried crossings are least disturbing. Bridge height is a factor for hanging cables on bridges--must be above high water. Underground lines would require access to DOT Tight of way: DOTs are concerned about costs associated with moving lines during reconstructions, leery about sharing lines within right of way. Should say what we want, if we want underground, then should say companies need to use best available technology. New electrical crossings should be invisible, existing should be upgraded only at current crossing sites. Need to know more about alternative crossing methods so plan is realistic. M S i . i Crossing costs: Cost also a factor--may be prohibitive. The plan needs to take conservative positions for long-term protection; costs should not be determining factor. Don't take statements about cost at face value. Need to verify informatioan on cost. Miscellaneous: Need political support for what the plan outlines for crossings. Let's not wait until end of cooperative management plan to respond to current proposals (such as Dairyland merger in WI). While the task force as a group has agreed that it will not take positions on ongoing issues/projects, individual members and/or their organizations can comment on their own behalf. RE: idea of identifying crossing sites--do we want to address that in the plan? Wild and Scenic legislation has nondegradation standard. Land Use/Land Cover:presentation by Dan McGuiness,director,Minnesota-Wisconsin Boundary Area Commission. Dan reviewed results of a 1991 analysis of changes in the landscape of the Lower St. Croix riverway and watershed (study funded by Legislative Commission on Minnesota Resources): The Lower St. Croix is a special area because 3 ecosystems meet: prairie, eastern hardwoods and northern pine forest. For study, compared aerial photos from 1973 and 1991 and interpreted land use types (agriculture, forest, urban, etc.) in 10-acre parcels. Only 6 percent of original native habitat remains in LSC watershed. What is left is fragmented by "shotgun" pattern of development. Much of the remaining habitat is along the Lower St. Croix and its tributaries, and that habitat is less fragmented. Between 1973 and 1991, lost 37,000 square miles of cropland. Urban land use grew from 3 percent of watershed to 6 percent. Most heavy development is in Washington County, St. Croix County, Troy Township. Have lost 94 percent of native habitat. a • Dan also talked about MWBAC's current work relating to urban growth: The riverway boundary doesn't include everything you can see from the river--much of what you can see is outside the boundary (for example, towns). MWBAC's position is that landscape changes can be attractive, urban development can be attractive, and can be part of the character of the riverway. MWBAC has issued a policy statement on urban growth/development in the watershed, commuter-shed. (NOTE: THIS STATEMENT WAS DISTRIBUTED AT MEETING & IS AVAILABLE FROM MWBAC). Figuring out ways to stop urbanization used to be popular (i.e. stop through zoning, large lots, etc.). This "just say no" approach clashed with desire to increase tax base. BAC interested in question: what drives people out of core city into suburbs. Interest is to make urban areas more liveable, create viable economic units that are places where people want to live. Questions, observations: Need to consider the true costs of growth -- for infrastructure to allow commuters to come into the city only to work. Need to encourage telecommuting to decrease stress on infrastructure. Question to Dan re: how urban growth policy statement relates to the cooperative management plan for the riverway or the watershed plan. Answer: local governments and private landowners have an important role in land use--but state, federal cooperation is also important. Creative approaches to land use solutions are made more important because the Lower St. Croix is a National Scenic Riverway. Question to Dan re: how much of LSC is cropland. Answer: 60 percent. Issues of crossings cannot be isolated from development. Page 2 - Minutes 05/28/96 Reduced Rates for Garbage Disposal - Jeff Glewwe, General Manager of Junker Sanitation presented the Council with a proposal to lower garbage rates for the residential consumer. Mr. Glewwe stated that the tipping fee has decreased from $50 . 00 to $38 .00, which they would like to pass on to the consumer. The new rates would be effective June 1, 1996. The new rates are proposed at: Seniors - Flat Rate of $13 . 50 38 Gallon Container - $13 . 95 64 Gallon Container - $16. 95 96 Gallon Container - $18 . 45 Mayor O'Neal expressed the Council ' s appreciation to Mr. Glewwe for his proposal . Councilmember Swenson, seconded by Kern, moved to approve the new rate schedule as presented by Mr. Glewwe. Carried 5-0 . Deputy Clerk/Finance Director Holst noted that the City subsidizes the garbage removal fees and asked whether the Council would like to change the rate of the subsidy the City provides to each residential utility consumer. Councilmember Robert, seconded by Swenson, moved to extend the entire rate decrease to the residential consumer. Carried 5-0 . Garbage Task Force Appointee - Councilmember Schaaf, seconded by Kern, moved to appoint Councilmember Swenson to the Garbage Task Force. Carried 5-0 . Water Management Organizations - Councilmember Schaaf reported that the Brown' s Creek Water Management Organization passed the amendments to the Joint Powers Agreement which increases its authority. Schaaf said that five to six of the seven communities in the organization have agreed to dissolve the Water Management Organization if Grant Township does not agree to participate in the Joint Powers Agreement. Schaaf stated that he will try to attend the next Grant Township Board meeting scheduled Tuesday, June 4, 1996. Proposed Amendments to the Brown' s Creek Watershed Management Organization Joint Powers Agreement - Councilmember Schaaf, seconded by Kern, moved to table the issue until Attorney Vierling can review the document and make recommendations to the City. Carried 5-0 . Strategic Planning Committee - Mayor O'Neal reported that the next Strategic Planning Committee with Bayport will be held on Thursday, June 6, 1996 at 7 : 00 p.m. at the Bayport Library. Y Enclosure 4A LAW OFFICES OF 1 ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, 1935 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612)439-2870 LVL[J. CO BERG FAX(612)439-2923 JAMES F. LAMMERS GREGORY G.*ALUM ROSERT G. BRIGGS June 5, 1996 KEVIN K SMpEK)p PAUL A.WOLFF THOMAS J.WEIONER MARK J.VIERLING SUSAN D.OLSON DAVID K.SAVVIER Mr. Klayton Eckles, Chairman Board of Commissioners Browns Creek Watershed Management Organization Fr— c/o Washington • Water Conservation District 1825 Curve Crest Boulevard ` 6 IIIi Suite 101 Stillwater, MN 55082 In Re: Proposed Amendments to the Browns Creek Watershed Management Organization Joint Powers Agreement Dear Mr. Eckles: The Grant Township Board met for a regular meeting on June 4, 1996. At that time, was discussed. Grant Township the aware°of the letter i sent to you sed Joint Powers Agreement on behalf of the City of .Hugo, and Grant Townshipexpresses same concerns. those In particular, Grant Township also wishes to stress that it would like some limiting provisions put into the Joint Powers • Agreement. Specifically, those provisions which would provide that the WMO cannot order a municipality to conduct eminent domain proceedings, cannot order a municipality to study or conduct projects, and cannot order a municipality to pay money directly to the WMO, Gra to specify in nt Townshidef pnwouteld terms so like the Joint Powers Agreement steps will be taken in handling emerge cn emrjects.l is, and what would e best to have a list of criterion developed ptoo determine when and emergency exists and then a checklist showing how an emergency will be dealt with. Finally, Grant Township would like to explore the possibility of having tax rates based upon • the relative permeability of land within the WMO. In other words, it is obvious that a highly developed area with large roofs and parking lots have less water soaking into the ground. On the other hand, apple orchards or hay fields absorb.most of the water that falls on them. Grant Township would like the WMO to consider amending its taxing formula so as to set up a system that accounts for these different r "JR June 5, 1996 Page 2 types of land uses. While Grant Towns ' . reali es this may not be feasible, it is something that Gra - ownship would at least like to explore at this stage. • know. If you have any • stions r-g- ding his, please let me Yours ly, Greg. " G. Galler 1 GGG:dmr c: Deb Graul Grant Town Board Bob Museus Michael J. Robertson Tracy Mazenac Pat Bantli Mary Kueffner Niles Kriesel Pat St. Clair Mark Vierling Bob Briggs Tom Scott Dave Magnuson Jerry Filla Enclosure 4B LAW OFFICES OF 0 PY ECKBERG, LAMMERS, BRIGGS, WOLFF $ VIERLING, P.L,L.P. 1833 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 (812)439-2878 FAX(512)439-2923 LYLE J. ECK8ERG JAMES F. LAMMERS GREGORY G.CALLER ROBERT G.BRIGGS KEVIN K.SHOEBERG PAUL A.WOLFF . SRI THOMAS J.WEIDNER MARK J.VIERLING SUSAN D.OI,SON June 4, 1996 DAVID K.SNYOER Mr. Klayton Eckles, Chairman _` L @ E a L Board of Commissioners r Browns Creek Watershed Management Organization J 1996 I c/o Washington County Soil and - 5 Water Conservation District _.) 1825 Curve Crest Boulevard Suite 101 Stillwater, MN 55082 In Re: Proposed Amendments to the Browns Creek Watershed Management Organization Joint Powers Agreement Dear Mr. Eckles: The City of Hugo has met and discussed the proposed changes to the Joint Powers Agreement. The City of Hugo has the following comments regarding that Agreement : 1. Section 1. 1 provides a grant of power to the Board of Commissioners, giving them all of the powers outlined in Minnesota Statutes §103B.201 through §103B.255 . This grant of authority would most likely be interpreted as a static grant of authority, meaning that future changes in any of those Statutes would not be given to the Joint Powers Board. This provision could be changed to include future amendments, thus providing a more meaningful grant of power to the Board. 2 . Section 1.3 (g) discusses a "forum" for resolution of disputes. However,f this N "po er" the is not well defined enough to let me advise my client as to whether or not it is envisioned that this grants some authority over the WMO to force a "resolution" of a dispute. I am assuming that this deals only with a forum for open discourse between governmental agencies, and I would appreciate it if this could be amended to more clearly convey that thought. June 4, 1996 Page 2 3 . Section 3 .2 deals with the terms of Commissioners. This paragraph appears to set up two (2) methods of appointing and removing Commissioners. The first method deals with a set term for a Commissioner. Such a Commissioner can only be removed for a violation of a "Code of Ethics" (is there such a thing?) , or for malfeasance, nonfeasance or misfeasance (after being provided 'an opportunity for a hearing) . The paragraph then goes on, however, to talk about a Commissioner serving an "indefinite term" and that that person may be removed "at will. " This, however, would appear to violate Minnesota Statute §103B.227, Subd. 3, which says that Commissioners can be removed only for "cause. " I believe this needs to be worked through a little more clearly. 4 . Section 3 . 7 provides that any one member may call a special meeting of the Board. • It is my recommendation that this be changed so that two (2) or three (3) members would be required to call a special meeting. This would help to insure that there were no "frivolous" meetings called merely on the whim of an individual Commissioner. 5 . Section 3 . 8 refers to a "regular meeting in January. " However, Paragraph 3 .7 does not provide that any meeting must occur in January. These two paragraphs should be re-worked so that they are consistent. 6. Section 4 . 1 provides a very broad grant of power. Specifically, it gives the Board all of the powers and duties as specifically listed in the Agreement, "and as prescribed by law. " This open-ended grant of power causes me some concern in that powers which do not on their face appear to be given to the WMO are somehow now included in if some other grant of power can be found to justify it. Accordingly, it is the City of Hugo' s request that the following provisions be added to the Agreement: A. The WMO has no authority to order a member municipality to conduct eminent domain proceedings. B. The WMO has no authority to order a member municipality to conduct a project, a study, or r . June 4, 1996 Page 3 to in any other way order a municipality to do something. C. The WMO has no authority to require a member municipality to pay any money directly to the WMO. 7. Section 4 . 12 needs a minor revision. Specifically, a reference is made to "Chapter 47. " This should be changed to reflect that it is Chapter 47 of Minnesota Statutes. 8 . Section 5 .2 needs a minor revision. Specifically, the sentence dealing with notices states that notices "should be published . . . . " Instead, the word "should" should be changed to "shall. " 9. In Section 5.6, the reference to "the affected county" and "the county" should specifically reference Washington County. 10 . Article 8 regarding dissolution needs some amendments in order to be acceptable to the City. You will recall that the existing Joint Powers Agreement can be dissolved upon the agreement of three-fourths (3/4) of the municipalities. Section 8 .2 provides that only the unanimous consent of the parties can dissolve the new Joint Powers Agreement. Section 8 .3 provides that two-thirds (2/3) of the units of government can request the Board to dissolve itself. However, the final decision is still up to the Board, which must determine according to its own discretion whether or not the municipalities are "willing and able" to assume control of the duties of the WMO. The use of the "two-thirds" rather than three- fourths as is in the current Agreement is meaningless. As there are eight (8) member municipalities, a two-thirds or a three-fourths requirement would require six (6) municipalities in any event . I would propose that Section 8.2 should provide for a three-fourths (3/4) consent of the municipalities in order to dissolve the Agreement, and that Section 8 .3 should provide for a majority vote of the municipalities if the Board also agrees. June 4, 1996 Page 4 11. Article 10 seems to incomplete to me. Specifically, it does not reference anywhere what happens if a member municipality does not take action on a proposed amendment within ninety (90) days. Does this provide for a "pocket veto?" Or does it provide for an automatic approval? I believe this paragraph sig, - , nee.s . little more work. I appreciate your - ention o ese sugge ted changes and amendments. If you ha any que- io please t me know. Yours ve , truly Gr - . "G. Galler r GGG:dmr c: Bob Museus Mayor, City of ugo Hugo City Council Michael J. Robertson Tracy Mazenac • Pat Bantli Mary Kueffner Gary Erichson Niles Kriesel Pat St. Clair Mark Vierling Bob Briggs Tom Scott Dave Magnuson Jerry Filla r 'a. ENCLOSURE 4 IL 1 BROWN'S CREEK WATERSHED MANAGEMENT ORGANIZATION Mailing Address/Technical Advisor: Meetings: Member Communities C/O Washington Soil and Water Conservation District 7:00 p.m.,3rd Wednesday of the Month Baytown Township 1825 Curve Crest Boulevard,Suite 101 at Washington Soil and Water Conservation Grant Township Stillwater,MN 55082 District office. City of Hugo PH(612)439-6361 City of Lake Elmo FAX(612)351-7606 May Township City of Oak Park Heights City of Stillwater Stillwater Township May 21, 1996 gMAY 110EQ\\I/E - IBrowns Creek Watershed M e 2 4 1996 I� Management Organization Member Communities Baytown,Grant,May and Stillwater Township Supervisors I t Hugo,Lake Elmo, Oak Park Heights and Stillwater City Council Members RE: Proposed Amendments to the Browns Creek Watershed Management Organization Joint Powers Agreement Dear Council and Town Board Members: Enclosed for your review and adoption, please find a copy of the proposed amendments to the Browns Creek Watershed Management(WMO)Joint Powers Agreement approved by the Browns Creek Watershed Management Board of Commissioners on May 15, 1996. The proposed amendments include: 1. Provisions mandated by the Board of Water and Soil Resources in Minnesota Rules 8410.0030 and 8410.0040(see enclosed memo); 2. Updated citations to current statutes and rules; 3. Editorial changes to correct outdated language and inconsistencies; 4. Provisions authorized by recent amendments to the Minnesota Statutes governing joint powers management organizations, enhancing their powers to include taxing • • authority and other authorities of watershed districts. All amendments are indicated l:y underlined and strike-through language. The Board of Commissioners believes all parties to the Joint Powers Agreement share a common vision of conserving water and soil resources in the Browns Creek Watershed and managing those resources in the most effective means possible. This vision will best be accomplished by enhancing the powers of the Browns Creek Watershed Management Organization to allow it to manage water issues like a watershed district while maintaining the local governmental control. The Board of Waters and Soil Resources has required the Browns Creek Watershed Management Organization to take action by June 21, 1996 to affect a long term solution to governing water management issues in the Browns Creek Watershed. It is for this reason that we Raytown, Grant, May and Stillwater Township Supervisors Hugo, Lake Elmo, Oak Park Heights and Stillwater City Council Members May 21, 1996 Page 2 request each council and town board to act quickly to review and provide its comments regarding the proposed amendments. The Watershed Management Organization asks that each community adopt or provide substantive comments to the proposed joint powers agreement prior to the June 19, 1996 WMO board meeting. Thank you. We look forward to working with you to reach a common goal of water management. Sincerely, Klayton Eckles,Chairman Board of Commissioners Browns Creek Watershed Management Organization Encl. Memorandum regarding mandatory Joint Powers Agreement Language Proposed(=mended)Joint Powers Agreement for the Browns Creek Watershed Management Organization cc: Barbara Ohman,BWSR Baytown Township Clerk and Attorney Grant Township Clerk and Attorney City of Hugo Administrator and Attorney City of Lake Elmo Administrator and Attorney May Township Clerk and Attorney City of Oak Park Heights Administrator and Attorney City of Stillwater Clerk and Attorney Stillwater Township Clerk and Attorney C:\MSOFFICE\WINWORD\MJD\WSD\BCWMO\0521 JPA.DOC Enclos - Q 11 11 lL ' MAY 20 Friends of Long Lake Homeowners Association 2946 Marine Circle, Stillwater,MN 55082 CITY OF OAK PARK HEIGHTS Mike Robertson, & Judy Hoist May 20, 1996 City of Oak Park Heights via fax Nile Kriesel, & Klayton Eckles City of Stillwater Dear City Personnel, As a result of the 1.56 inch storm early Sunday morning, Long Lake now has suspended silt throughout the entire lake. There was no visible silt prior to the storm. In addition, there is a sand bar now developing where the water enters the lake from the Market Place/County 5 storm sewer system. Please contact your respective contractors immediately and assure they improve their means for controlling silted runoff. Continued damage such as this may further threaten Browns Creek, and cause the DNR to close the outlet, which in turn will increase the risk to our homes. We would appreciate a written response assuring you received this request, and indicating the actions underway to improve the situation. Please call me (430-1572) il'you have any questions. Sincerely, Edward J. Gordon t l Enclosure G STILLWATER TOWNSHIP c Box 117 _4 Stillwater, Minnesota 55082 May 13, 1996 MN I 4 Mr. Niles Kriesel Mr. Michael J. Robertson City of Stillwater City. Administrator, 216 North Fourth St. City of Oak Park Heights Stillwater, MN 55082 P.O. Box 2007 14168 57 Street North Oak Park Heights, MN 55082 Ms. Mary Kueffner City of,Hugo City of Lake Elmo 5524 N. Upper 146th Street 3800 Laverne Avenue North Hugo, MN 55038 Lake Elmo, MN 55042 Mr. Gary Erichson Washington County Soil & Water Chairman, Town of Grant Conservation District 8599 105th Street 1825 Curve Crest Boulevard Mahtomedi, MN 55115 Stillwater, MN 55082 Ms. Pat St. Clair Ms. Linda Klien, Clerk Baytown Township May Township 14949 North 4th Street 12328 May Avenue North Stillwater, MN 55082 Stillwater, MN 55082 Ms. Barb Ohman Board of. Water and Soil Resources One West Water Street St. Fault MN 55107 Subject: Stillwater Town Board Position, Re: the BCWMO 1 . The Stillwater Town Board of Supervisors supports the existence and functioning of the Brown' s Creek Water Management Organization. Further, we support the process for enhancement of the current Joint Powers Agreement. 2. The Stillwater Town Board is committed to the success of the BCWMO and its mission to oversee surface water management in the watershed. 3. The Town Board is highly interested in enhancing the authority of the WMO under the Joint Powers Agreement so that it can function more effectively to solve the increasing problems in the watershed related to flooding, highwater, water quality and the presures on water resources that additional land development will exert. 4. The Stillwater Town Board intends to fund its fair share of costs to support their efforts to create a second generation watershed management plan, to contract with engineering firms to undertake required watershed studies and emergency projects t i Printed on Recycled Paper 1 May 13, 1996 Page 2 and to support an efficient and effective administrative structure. 5. The Town Board is not in favor of the creation of a watershed district to replace the BCWMO. One of the this is our desire to retain our responsibilityary andreasons authorityr in the watershed and to have direct representation in matters of district, regional and local watershed importance. 6. The Stillwater Town Board intends to actively support and fund the ongoing work of the BCWMO to manage surface and ground water quality in the Brown' s Creek watershed. Sincerely yours, S llwater Town Board Jack Takemoto, Chair DF/ks ENCLOSURE B MEMO Date : May 7, 1996 To: Mayor & Council From: Mike Robertson, City Administrator Re: Lee Miller Meeting I met with Lee Miller of 2962 Marine Circle in Stillwater on Monday, May 6 . Mr. Miller is a member of an association of homeowners around Long Lake. He wanted to meet with me to discuss the rising lake levels at Long Lake, the actions the association is asking the City of Stillwater to take to mitigate these rising levels, and the future development of that part of Oak Park Heights which will contribute stormwater to the Long Lake watershed. Much of the old Krueger property flows into the Long Lake system. The Long Lake water ultimately flows through Brown' s Creek to the St . Croix River. Mr. Miller discussed the system of pipes and outlets which currently controls the water flowing out of Long Lake. He noted that a system was designed in 1976 which set the bottom of the principal outlet structure for Long Lake at 889 feet and the top at 891 .4 feet . However, these outlets are controlled under an old DNR permit which does not allow outflow in the summer months in order to prevent warmer water from disrupting or destroying the Brown' s Creek trout stream. Currently the lake level is at approximately 890 . 6 feet and it was as high as 892 . 5 feet last August . If the lake reaches 893 . 5 feet it would start flooding basements on Long Lake. Mr. Miller also noted that two pipes flowing under Interlachen Drive in Stillwater have silted up to an amount of over one foot, which he feels have contributed to the high lake levels. The association has asked the City of Stillwater to clean out the pipes and to either reduce the amount of stormwater flowing through the Long Lake system or to construct a holding pond upstream which would reduce the volume flowing through the system in the summer months. Mr. Miller wanted to go over this information with the Oak Park Heights City Council because we are at the top of the watershed. He also wanted to see what plans the City had to develop the area flowing into Brown' s Creek. I explained those plans to him. I had already sent him a copy of Joe Anderlik' s stormwater plan for the area. He wanted to know some figures on volume of stormwater, which I referred him to Joe to obtain. Mr. Miller said that there was going to be a new study of the Long Lake watershed since significant errors had been found in the old study. He said that one of the assumptions of the old study was that the area of Oak Park Heights that is in the watershed would never be developed at any higher than a rural residential development level . That assumption is clearly untrue now. Mr. Miller wanted to know if we would ask Stillwater to clean the silt out of the pipes, since he said that it was in our best interests not to have our downstream outlets impeded. He also suggested that we would want to be represented in that new study of the watershed. He also wanted us to hold back as much water as we could to reduce the load on Long Lake. I told him that I would pass his requests on to the Council . I told him that it was not likely that the Council would ask Stillwater to clean the pipes out because they were not causing any problem for us . I said we would certainly want to review the Long Lake study, and that we were already a part of the Brown' s Creek WMO board which would be involved in the study. I also told him that we would follow State law in designing our stormwater holding system, but that we were not likely to hold back additional stormwater in our City, thereby reducing developable commercial land, to solve a problem that originated in Stillwater and affected Stillwater residents. Mr. Miller said that he would still like to present his information to the City Council . I told him to talk to Joe Anderlik first, to make certain that we had all the information Mr. Miller had. I also asked him to summarize his information in a letter to me, which I said I would pass on to the City Council . ENCLOSURE B2 Friends of Long Lake Homeowners Association, Inc. 2946 Marine Circle, Stillwater, MN 55082 City Council City of Stillwater May 7, 1996 216 North 4th Street Inf o. cc Stillwater, MN 55082 Nile Kriesel, KlaytonEckles via fax&mail Metre DNR Oak Park Heights Baytown Lake Elmo Grant Township Dear Stillwater City Council, Stillwater Township We are writing on behalf of our Homeowners Association, incorporated on Mayc The primary purpose of our association is to work with the jurisdictions in the Long f ake l�)(� watershed to assure that our homes and Browns Creek maintain the same, or better, level of safety as intended in the 1976 DNR outlet design. We are pleased that the City of Stillwater has funded a watershed system study to a the issues and constraints in further development of the Long Lake watershed. eveddress successful outcome will require the acceptance of all jurisdictions, the DNR, and those of iisawl -►x live next to the Lake. For this reason, we ask that the City adopt a Study AdvisoryCommittee composed of representatives from the above parties. The committee would serve to review the study plan, and to provide development plans and inputs from the jurisdictions, constraints or issues important to the DNR, and needs of the homeowners. The committee would also review draft results before completion. We believe that solutions can be found, and that steering committee will reduce last minute issues, and assure that the results are acccenptt c, thed ed by all. We believe that the Browns Creek WMO cannot fully provide this function due to its limited monthly meetings, non attendance by some jurisdictions, and the uncertainty raised by the pending request to disband. However, the WMO members may be appropriate candidates for the advisory committee. Finally, we recently learned that Lake Elmo has as much as several hundred acres tributary to the Lake which must be considered in the study. We encourage their involvement. Our association asks that you contact the appropriate parties to solicit their involvement in the study. Please provide a response confirming your intentions to use an advisor' committee. Thank you for your consideration. Sincerely, David Fabio, Edward J. Gordon ENCLOSURE 2A Friends of Long Lake Homeowners Association, Inc. 2946 Marine Circle, Stillwater,MN 55082 City Council May 7, 1996 City of Stillwater Info. cc 216 North 4th Street Nile Kriesel, Klayton Eckles Stillwater, MN 55082 Metro DNR via fax& mail Oak Park Heights Baytown Lake Elmo Grant Township Dear Stillwater City Council, Stillwater Township We are writing on behalf of our Homeowners Association, incorporated on May 3, 1996. The primary purpose of our association is to work with the jurisdictions in the Long Lake watershed to assure that our homes and Browns Creek maintain the same, or better, level of safety as intended in the 1976 DNR outlet design. We are pleased that the City of Stillwater has funded a watershed system study to address the issues and constraints in further development of the Long Lake watershed. We believe that a successful outcome will require the acceptance of all jurisdictions, the DNR, and those of us who live next to the Lake. For this reason, we ask that the City adopt a Study Advisory Committee composed of representatives from the above parties. The committee would serve to review the study plan, and to provide development plans and inputs from the jurisdictions, constraints or issues important to the DNR, and needs of the homeowners. The committee-would also review draft results before completion. We believe that solutions can be found, and that use of the steering committee will reduce last minute issues, and assure that the results are accepted by all. We believe that the Browns Creek WMO cannot fully provide this function due to its limited monthly meetings, non attendance by some jurisdictions, and the uncertainty raised by the pending request to disband. However, the WMO members may be appropriate candidates for the advisory committee. Finally, we recently learned that Lake Elmo has as much as several hundred acres tributary to the Lake which must be considered in the study. We encourage their involvement. Our association asks that you contact the appropriate parties to solicit their involvement in the study. Please provide a response confirming your intentions to use an advisory committee. Thank you for your consideration. Sincerely, 0, A David Fabio, Edward J. Gordon r © IE MAY - 91996 ENCLOSURE 2 LAW OFFICES OF f( _ W./7r , ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING, P.L 1935 NORTHWESTERN AVENUE APR 2 6 1996 STILLWATER, MINNESOTA 55O92 V (612)439.2979 LYLE J. ECKBERG FAX(612)439.2923 L/ JAMES F. LAMMERS v..cvvRr V.w►LLER ROBERT G. BRIGGS KCVIN K.SNOESERQ PAUL A.WOLFF April 25, 1996 THOMAS J.wE10NER MARK J.VIERLING SUSAN D.OLSON DAVID K.SNYDER Mr. Michael J. Robertson City Administrator ChMr. Gary Erichson City of Oak Park Heights 85999x105 Town eoft Grant P.O. Box 2007 g 105th Street 14168 57th Street North Mahtomed MN 55115 Oak Park Heights, MN 55082 Mr. Tracy Mazenac c/o Tamarack Gallery Mr. Niles Kriesel City of Stillwater 112 South Main Street Stillwater, MN 55082 216 North Fourth Street Stillwater, MN 55082 Ms. Pat Bantli Ms. Pat St. Clair Stillwater Township P.O. Box 117 Baytown Township Stillwater, MN 55082 14949 North Fourth Street Stillwater, MN 55082 Ms. Mary Kueffner City of Lake Elmo 3800 Lavergne Avenue North Lake Elmo, MN 55042 In Re: Browns Creek Watershed Management Organization Greetings! In my capacity as City Attorney for the City of Hugo, I have been directed by the Hugo City Council to write a letter to . all of you regarding the City of Hugo's osition the Browns Creek Watershed Management Org nizat on.lth respect to Specifically, you will recall receiving a letter from me regarding Grant Township' s desire to have the Browns Creek Watershed Management Organization replaced by a watershed district. Grant Township then inquired of all member municipalities as to the level of interest that the municipalities would have in forming such a district. The City of Hugo met at a regular meeting on April 15, 1996. At that time, a motion was made, seconded and unanimously approved authorizing me to write you a letter to inform you that the City of Hugo believes that the existing Browns Creek Watershed Management Organization is no longer effective, and that the City April 25, 1996 Page 2 of Hugo would support efforts to either enhance the powers of the Browns Creek Watershed Management Organization, or to eliminate the Organization all together and to form a Watershed District . it was the general consensus of a majority of the City Council that a district seemed like the more likely long-term solution. However, the Hugo City Council is willing to look at options to enhance the powers of the B.C.W.M.O. if it appears that all communities are likely to agree to the necessary changes to the Joint Powers Agreement. The Hugo City Council also requests that, when your community discusses this issue, you inform t, - ' all other member municipalities) of -. of Hugo (and yo the Browns Creek Watershed Manageme ,rganizatiozatjo with respect to n. If you have any quesons re-ar. " feel free to contact me. g th' = matter, please Yours / - t-• y, '44C Greg�/ G. Galler GGG:dmr , Enclosures c: Bob Museus Hugo City Council Mark Vierling Bob Briggs Tom Scott Dave Magnuson Jerry Filla , ENCLOSURE K LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & • 1835 NORTHWESTERN AVENUE S STILLWATER.MINNESOTA 55082 t6(2) 439- 8 9 Amp ' FAX(612)439-2923 APR LYLE J. ECKBERG JAMES F.LAMMERS GRE' G.GALLER ROBERT G. BRIGGS HOE®ERG PAUL A.WOLFF Tpril 12, 1 - THOMAS WEtDNER !� MARK J:VIERLING OL$ON DAVID K.$NYDER • Mr. Michael J. Robertson Mr. Bob Museus City Administrator City Administrator City of Oak Park Heights City of Hugo City Hall P.O. Box 2007 5524 Upper 146th Street 14168 57th Street North • Hugo, MN 55038 Oak Park Heights, MN 55082 Mr. Tracy Mazenac Mr. Niles Kriesel c/o Tamarack Gallery City of Stillwater 112 South Main Street 216 North Fourth Street Stillwater, MN 55082 Stillwater, MN 55082 Ms. Pat Bantli Ms. Pat St. Clair Stillwater Township Baytown Township P.O. Box 117 14949 North Fourth Street Stillwater, MN 55082 Stillwater, MN 55082 Ms. Mary Kueffner • City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 • In Re: Browns Creek Watershed Management Organization Greetings! I am the Town Attorney for the Town of Grant. I have been directed by the Grant Township Board to write a letter to each of you to discuss the status of the Browns Creek Watershed Management Organization. Specifically, Grant Township is interested in pursuing the possibilities of dissolving the Browns Creek Watershed Management Organization. The intent would be to have the Organization replaced by a Watershed District. As most of you are likely aware, there are a number of water management issues facing the B.C.W.M.O. . Some of the issues involve flooding in the "Kismet/Keswick" basin located in Grant Township. There are also localized flooding concerns in the City of Hugo and May Township. Additionally, the B.C.W.M.O. is addressing issues regarding the viability of Browns Creek itself as a trout habitat . April 12, 1996 Page 2 Over the years, traditionally Grant Township has been paying between $200 . 00 to $300. 00 for its proportionate share of the operating budget of the B.C..W.M.0. . been informed that its budget responsibilityrant for 1996 will Township besovnow er $18, 000. 00 . Grant has also been informed that its roo share of the budget for 1997 is proposed to be 42 000.00rtiThesep are expenditures wildly beyond the expectations that Grant Township had when it agreed to the formation of the Browns Creek Watershe Management Organization. It appears clear that the B.C.W.M.O. is attemtinto expand its sphere of influence. Grant Township has no objection to that provided that the constituents of the projects have a direct stake in the decisionsrolead n B.C.W.M.O.t projects. Specifically, Grant Township believes that he pthose ersons to be benefited by projects should be financially responsible those projects, and should be able to discuss directly with for the persons ordering those projects the necessity and wisdom of the projects. A District could, of course, tax assessments, and exercise other powers that are�notrder available=to the B.C.W.M.O. . The District would also have to directl fa constituents for the decisions it makes. Similarly, y Ce its ordered a Chapter 429 improvement, it would need to deal theDi ordered issue of "special benefit" on its own without being able toft that responsibility to a member municipality. shaft It has been suggested by some that perhaps the Joint Powers Agreement should be amended so as to give greater power. However, it seems best to Grant Township that the B.C.W.M.O. be dissolved and that a district be formed to take itse — - Place. In the alterative, Grant Township would have no ob' to having the B.C.W.M.O. dissolved and having another district, such as the Rice Creek Watershed District, be enlarged to take ove the area currently existing within the B.C.W.M.O. . r Over the last several weeks, representatives from each of the communities involved ken in with B.C.W.M.O. . Those informal discussions led me to the conclusion that all but one of the communities seem to be interested in dissolving the B.C.W.M.O. and forming a district. I write now to inquire on a more formal level as to the level of interest your community has in dissolving the B.C.W.M.O. and in taking necessry steps to have a district formed. As I understand it, Minnesota Statutes Chapter 103D requires that a petition be filed with the Board of Water and Soil Resources to either form a district or to change the boundaries of . a, April 12, 1996 Page 3 an existing district so as to encompass the area currently existing within the B.C.W.M.O. . I would appreciate it if each of you could have this matter discussed by your governing body to determine whether this proposal meets with the Joint Powers Agreement, six (6)u of r the eight oval. By 8)myreading of would have to agree to the dissolution of the B.C.W.M.O. , and a majority of the cities within the area would need to petition the Board of Water and Soil Resources in order to form a district. Plainly stated, Grant Township is starting the ball rolling on getting the B.C.W.M.O. dissoly- . formed. Grant Township believes t B.C.W.M.O. . a outlived its usefulness and that a distri would be better uited to govern the area now under the contr. of the B.C.W.M.O. . seeks your cooperation in -chieving this • ,- 'ective,Grant Township I look forwa d to hearing r. each of yo Your: v trul • • •i' G. =11er GGG:dmr Enclosures c: Deb Graul Grant Town Board Mark Vierling Bob Briggs Tom Scott Dave Magnuson Jerry Filla Page 4 - Minutes 03/25/96 A••roval •f MNDOT Purchase Offer and 12 Block 4 - East 5 Fe-t of L•ts 10 11 tabling this issueauntilkthe- CitynextACitynCouncillmeetinguested Councilmember Schaaf, seconded by Kern, moved to table until the next Council meeting scheduled April 8, 1996 . Carried 5-0 . t theo Mo9 ;nom - Mayor O'Neal announced that Professor Cooper from University of Minnesota will be present for a meeting to discuss the geese problem. The meeting will be held at 2 : 00 Thursday, March 28, 1996 at the Hall residence . p'm' New Business: 96-1998 Pnl ;a c n 'on rct _ Robertson received late requestfrom theunionnegotiatortonhe City a chat' g7:1in the contract . Mayor O'Neal requested tabling this matter nge until attorney Jim Lammers can review the contract . Councilmember Schaaf, seconded by Kern, moved to approve tabling this issue until April 8, 1996 . Carried 5-0 . :.•"t- - 4% 6 5 th tr- - _ G e n - Mr. and Mrs. Green requested that interest charge be waived for the street improvement assessment because they did not receive the assessment notice. Councilmember Swenson, seconded by Kern, moved to adopt a resolution waiving interest for Mr. Mrs . Green. Carried 5-0 . and Brown's Creek Watershed District Inter•overnmental A•reement wit Metmnoouncil - Councilmember Schaaf, seconded by Swenson, moved to enter into the Brown's Creek Watershed District Intergovernmental Agreement with Metropolitan Council . Carried 5-0 . EaalA arrnit- Award - Councilmember Robert reported that Chris Morency has attained the Eagle Scout Award. Councilmember Robert, seconded by Kern, moved to direct Robertson to send Chris Morency a letter congratulating him on his achievement . Carried 5-0 . Correspondence: Brown's Creek WMO 1995 Annual Resort and 1996 Plan of Oseration - Mayor O'Neal stated that the Brown's Creek WMO 1995 Annual Report and 1996 Plan of Operation was available for review. MNDOT L tI2X - Mayor O'Neal stated that a meeting will be hel on Wednesday, April 3, 1996 at 4 : 00 d e Hendrickson Building, 3535 Vadnais CenteraDrive, St inrVadnaistt Heights to update City officials and residents on the new St . Croix River Bridge project . Enclosure L r' PRELIMINARY-NOT APPROVED Browns Creek Watershed Management Organization Minutes of the March 20, 1996 Meeting Present: Klayton Eckles, Art Welander, David Francis, David Schaff, and David Truax. Rebecca Johnson arrived at 8:10 p.m. Others: Mark Doneux, Wendy Griffm, Attorney Michelle Ulrich, Molly Shodeen, Peter Leete, Barb O'Neal, Dick Gruber, Craig Leiser and Joyce Welander. Chairman Eckles called the meeting to order at 7:05 p.m. Approval of minutes of the February 21, 1995 meeting. Motion by Truax, second by Francis to approve minutes as presented. There was no discussion. Motion passed unanimously. Treasurer's Report Truax presented the treasures report. Checking account balance as of March 12, 1996 was $3,386.75 and the Money Market account balance was $12,598.14. Motion by Truax to approve Treasurer's Report. Second by Schaaf. Motion passed unanimously. There was discussion of the disposition of funds in excess of$4,000.00. Following the discussion, Schaaf made a resolution, seconded by Truax, to transfer funds in excess of $4,000.00 to an interest bearing account. Resolution passed unanimously. Francis clarified that both checking account and the money market account are with the same bank. Interviews with Consulting Engineers Interviews were conducted with the shortlisted consulting engineering firms. The order of interviews was Montgomery Watson, followed by Barr Engineering and finally HDR Engineering. Following the interviews, Chairman Eckles called a ten minute recess. After the meeting was reconvened, there was a discussion of reconsidering, SEH, Inc for an interview. Motion by Truax, second by Welander,to reconsider SEH, Inc. for an interview. Johnson, Schaaf, and Francis opposed, Truax and Welander in favor, Eckles abstained. Motion failed. Organizational Philosophy and Alternatives for Managing Browns Creek Watershed Doneux gave a brief presentation of why WMOs exist and the differences between Joint Powers Agreement WMOs and Watershed Districts. The board then went into a discussion on the formation of a watershed district, the length of time it takes to form a watershed district. The different funding mechanisms for both WMOs and watershed districts was discussed. There was much discussion of the pros and cons of both types of organizations,however,the prospect of first dissolving the WMO, creating a watershed district and then starting a planning process to resolve current flooding problems could take several years, while the current organizational structure could begin the planning almost immediately and the local government units already had the ability to resolve flooding problems. The consensus, while not unanimous, was to remain as a Joint Page 1 PRELIMINARY-NOT APPROVED Powers Agreement WMO and work to resolve differences. Chairman Eckles reminded the board that the WMO was established by the local communities to retain local control. Johnson inquired if there was a way for the WMO to assist Grant Township with funding the proposed second generation plan update. Welander discussed the Grant Township position on funding the Browns Creek WMO. Welander stated that the Grant Town Board felt the current process of paying BCWMO bills off of the general levy, rather than assessing those properties only in the Browns Creek watershed, was unfair and reiterated their position that they would not pay. Schaaf inquired if this situation could be remedied. It was discussed that either the WMO could amend the Joint Powers Agreement to create a watershed tax district or Grant Township could set up a Browns Creek tax district on their own. Because of the timing of the BCWMO Joint Powers Agreement update, it would be more expedient for Grant Township to investigate establishing their own tax district to fund BCWMO activities. Consulting Engineers Selection There was a discussion and preliminary ranking of the firms interviewed. A straw pole revealed the firm of Montgomery Watson was preferred by the Board. Motion by Schaaf, second by Francis to direct staff to begin . negotiations with Montgomery Watson. Motion passed unanimously. Annual Report and 1996 Lake Monitoring Program There was a discussion of the contents of the BCWMO Annual Report. Francis noted several typos in the report that needed correction. Motion by Truax, second by Francis, to approve report after corrections have been made. Motion passed unanimously. There was a discussion of the proposed 1996 Lake Monitoring Program. Motion by Schaaf, second by Francis,to approve'program. Motion passed unanimously. Staff Report There was brief staff report updating the Board on some activities in the watershed. Also, an update on the BWSR report on the Kismet Basin. It was reported that the report may be completed by the April board meeting. Hugo/May Update Truax reported that the Town of May and the City of Hugo continued to work on creating their own taxing district to fund the study and possible flood control project. It was reported that was an upcoming public meeting on the matter set for early April. Truax stated that he would keep the Board updated on the results of the study. Discussion of Joint Powers Agreement The Board briefly discussed the draft joint powers agreement. Attorney Ulrich began reviewing the different sections of the draft agreement. The discussion turned toward the philosophical differences that must be agreed upon prior to completing the joint powers agreement. It was discussed that at this late hour, the agreement could not be given an appropriate discussion. It was agreed that the Joint Powers Agreement would be placed first on the April agenda to provide adequate time for discussion. Francis moved, seconded by Truax,to adjourn meeting at 11:12 p.m. Motion passed unanimously. Respectfully submitted, Mark Doneux, Technical Advisor cAmsoffice\winword\0396min.doc Page 2 OAK PARK HEIGTS CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, FEBRUARY 26, 1996 Call to Order: The meeting was called to order at 6 :30 p.m. by Mayor O'Neal Present : Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 6 :45 p.m. Staff Present : City Administrator Robertson, City Attorney Vierling, and City Planner Richards . Visitor Comments: There were no visitors . Department Reports: Chamber of Commerc n;nnar - Administrator Robertson announced that the City has been invited to the Chamber of Commerce dinner on March 13, 1996 . Councilmember Swenson, seconded by Kern, moved to approve sponsoring a table at the Chamber of Commerce dinner at a cost of $300 . Carried 3-2 . Robert and Schaaf opposed due to the cost . Ut' 1' SPG - Robertson reported that he received a co Bayport 's water conservation plan. PY of Graffiti Teen Center - Councilmember Kern distributed a letter he received from the Graffiti Teen Center asking for a grant . He requested that the members of the Council review the information and be prepared to discuss and make recommendations at the next City Council meeting scheduled March il, 1996 . Later Management Organiza ; ons - Mayor O'Neal reported that she and Councilmember Schaaf attended the Brown's Creek Water Management Organization meeting last Wednesday, February 21 . Mayor O'Neal said that there was discussion on the possibility that the Brown's Creek WMO would dissolve and become a Watershed District . Councilmember Swenson, seconded by Kern, moved to adopt Resolution 96-02-07 - A Resolution Appointing Councilmember Schaaf to the Brown's Creek Water Management Organization, and Appointing Mayor O'Neal as an alternate. Carried 3-2 . Robert and Schaaf opposed. Cable - Councilmember Swenson reported that the Cable Commission will meet Wednesday, February 28, 1996 at 7 :30 p.m. at Oak Park Heights City Hall . Parks - Councilmember Robert reviewed the Parks Commission minutes from 2/20/96 . She noted the following proposed revisions to the minutes : • On page 1, the Park and Trail Survey section the quote from Chair Dahlquist will be removed. • On page 3, second paragraph from the top should read "purple loosestrife" instead of "bog removal ." Enclosure J RELIMINARY-NOT APPROVED Brown's Creek Watershed Management Organization Minutes of the February 21, 1996 Meeting Present: Klayton Eckles, David Francis, Rebecca Johnson,Barb O'Neal, and David Truax. Barb O'Neal's replacement, Mr. David Schaaf was also present. Absent: Art Welander Others: Mark Doneux,Wendy Griffin, Molly Shodeen, Peter Leete, Corey Mohen, Craig g Leiser, Harold Chairman Eckles called the meeting to order at 7:05 p.m. Truax requested a change to the agenda to move item #14. Kismet Discussion to be after agenda item# 5. Discussion of Joint Powers Agreement. Approval of minutes of the n i ry 2d 1095 me t ing• Motion by O'Neal, second by Francis Johnson to approve minutes as presented. There was no discussion. Motion passed unanimously. Treasurer'sR o Truax presented the treasures report. Two bills were received; 1) Revised Babcock, Langbein and Company invoice for $600.00, and 2) Stillwater Gazette invoice for $15.60. Motion by Truax to approve Treasurer's Report and pay bills received. Second by O'Neal with the clarification that the Treasurer's Report should list check numbers of bills paid. Motion passed unanimously. Truax made inquiries regarding the creation of interest bearing accounts for the Board's funds this information. There was some discussion regarding the utilization of the Lake ElmoBank for presented such purposes. Resolution by O'Neal, second by Johnson, to authorize Chairman Eckles to sign for WMO with Lake Elmo Bank. Francis would be alternate. Resolution passed unanimously. There was a discussion of the status of the various grants received by the WMO. There was a discussion on the letter from Grant Township stating its refusal to pay. Motion by Francis, second by O'Neal,to direct attorney to draft letter to Grant Township requesting payment. There was an amendment to the motion to include a personnel visit by the Chairman and to attend the next Town meeting. Motion passed unanimously. QNeal's Renlacemen* Barb O'Neal introduced her new replacement on the Board, Mr. David Schaaf Mr. Schaaf also serves on the Oak Park Heights city council. All the members thanked Barb for her years of service on the Board and for providing leadership on water management issues. Motion by Truax, second by Johnson, to direct staff to write letter to Barb recognizing her contributions and thanking her for the service she has provided the Brows Creek WMO. Motion passed unanimously. Gorey Mohen ill=ater Open Spac nmmittcl • Page 1 'RELIMINARY-NOT APPROVED ,Mr. Mohen gave a presentation of the process and results of an open space study conducted by the committee. Mohen identified that numerous sites were within the Browns Creek watershed and that the public appeared willing to commit funds for the preservation of these sites. Selection of Consulting Engineers Doneux provided an overview of the consultant selection process and the recommendation to interview the top four firms as ranked by the Technical Advisory Committee. Francis expressed concern over possible conflict of interest with firm representing both a member community and WMO. Motion by Francis, second by Johnson, to interview Montgomery Watson, Barr Engineering and HDR Engineering at the March meeting. Motion passed unanimously. Discussion of Joint Powers Agreement The Board discussed the various mandatory and discretionary options in the draft joint powers agreement. The discussion turned toward the philosophical differences that must be agreed upon prior to completing the joint powers agreement. Motion by Francis, second by O'Neal, to table joint powers agreement discussion, discuss watershed management philosophy with respective boards and councils and to discuss with attorneys. Motion passed unanimously. Kismet Basin-CLOSED SESSION The Board went into closed session to discuss the Kismet Basin issue with legal council. The meeting was reopened at 10:53 PM Agreement with Attorney The board reviewed and discussed the agreement for legal services to be provided by Ulrich and Sheff. Motion by Truax, second by Johnson, to authorize Chairman Eckles to sign agreement for legal services. Motion passed unanimously. Staff Report There was brief staff report updating the Board on various activities in the watershed. These activities included a pond approval in Grant Township and a letter to the City of Stillwater regarding the Hazel Street gully. Annual Report and Lake Monitoring Report Motion by Truax, second by Francis,to table these reports. Motion passed unanimously. LCMR Grant Truax discussed the application and proposed submittal for a LCMR grant for water control structures. The application was discussed and it was agreed to amend the request to be for alternative watershed management practices. Motion by Truax, second by Johnson, to amend and submit request for LCMR grant. Motion passed unanimously. Francis moved, seconded by Johnson,to adjourn meeting at 11:25 p.m. Motion passed unanimously. Respectfully submitted,Mark Doneux, Technical Advisor c:\msoffice\winword\0296min.doc Page 2 Page 2 - Minutes 11/95 • City Council Meeting Scheduled December 25, 1995 - Councilmember Swenson, seconded by Schaaf, moved to cancel the City Council meeting scheduled Monday, December 25, 1995 . Carried 5-0 . ADA Plans & Specifications - Thomas Anderson from the City Engineer' s office presented cost estimates for ADA improvements to City Hall, Brekke Park, and Valley View Park. Anderson reported that $30, 000 of the $51, 430 . 00 estimate is for a combination visual/auditory fire alarm system for City Hall . Administrator Robertson noted that Building Inspector Butler had not finished reviewing the plans but thought the costs could be reduced. Councilmember Robert requested Anderson to revise ADA cost estimate to include the cost of making ADA improvements to Cover Park. Councilmember Kern, seconded by Schaaf, moved to table discussion until the January 8, 1996 Council meeting to allow the City Engineer to revise the ADA improvement cost estimate to include Cover Park. Carried 5-0 . Proposed 1996 Employee Salaries - Councilmember Kern, seconded by Swenson, moved to reconsider motion to open discussion regarding 1996 salary increases . Carried 3-2, Robert and Schaaf opposed. Councilmember Swenson said that he would favor the original recommendation of the City Administrator for 1996 salaries. Councilmember Kern, seconded by Swenson, moved to approve 1996 employee salaries as recommended by Administrator Robertson, either a 4 .3%, 3 . 8%, or 0% increase. Carried 3-2, Robert & Schaaf opposed. Resolution 95-12-52 - Adopt 1996 Tax Levy - Councilmember Swenson, seconded by Kern, moved to adopt resolution 95-12-52, A Resolution Approving the 1996 General Fund Levy for City of Oak Park Heights in the Amount of $1, 367, 545 . Carried 5-0 . Resolution 95-12-53 - Adopt 1996 Budget - Councilmember Schaaf, seconded by Kern, moved to adopt resolution 95-12-53, A Resolution Approving the 1996 Budget of $1, 950, 605 . Carried 5-0 . $town's Creek Joint Powers Agreement - Robertson reported that Brown' s Creek has not replied to the letter regarding issues with the proposed Brown's Creek Joint Powers Agreement raised by City Attorney Vierling. Mayor O'Neal recommended tabling this issue until Browns Creek hires an attorney. Page 2 - Minutes 111/95 Park Dedication Fees - City Planner Richards reported on the results of the study completed by Northwest Associated Consultants regarding Park Dedication Fees . Richards reported that no metro area community has specifically studied how to change their park dedication process in light of recent U.S. Supreme Court decisions . Richards requested Council allow city staff' to compile additional information on Park Dedication Fees. Councilmember Schaaf, seconded by Robert, moved to table discussion on Park Dedication Fees until the City Council meeting on January 8, 1995 . Carried 4-0 . Proposed Fire Substation - Councilmember Schaaf, seconded by Swenson, moved to' set a workshop to discuss the proposed Fire Substation cost estimates for Monday, December 11, 1995, at 5 :30 p.m. Carried 4-0 . Proposed Changes in Brown's Creek Joint Powers - Council discussed the proposed changes in the Brown' s Creek Joint Powers agreement . Council reviewed City Attorney Vierling' s memo noting concerns regarding ambiguous language in the agreement . Councilmember Swenson, seconded by Schaaf, moved to table discussion on changes in the Brown' s Creek Joint Powers Agreement until the December 11 Council meeting, and directed Robertson to send a letter to the Brown' s Creek Board asking that they address the Concerns raised by Vierling. Carried 4-0 . Proposed 1996 Salaries - Mayor O'Neal, seconded by Swenson, moved to reconsider previous approval of 1996 employee salaries. Motion failed 2-2, Schaaf and Robert opposed. Councilmember Swenson, seconded by Schaaf, moved to suspend parliamentary rules so as to discuss the issue. Carried 4-0 . Councilmember Swenson said that he would favor the original recommendation of the City Administrator for 1996 salaries . After discussion, Council was in consensus that the issue would be discussed at the December 11 Council meeting. Mayoral Term - Mayor O'Neal requested consideration be given to extending the mayoral term from two years to four years, starting after the next election. City Attorney Vierling advised Council to hold a public hearing on the issue in December and then vote in January. Councilmember Swenson, seconded by Schaaf, moved to set a public hearing date on December 11, 1995 to discuss extending the mayoral term from two years to four years . Carried 4-0 . Review Minutes - November 6, 1995: Councilmember Schaaf, seconded by Robert, moved to approve minutes as presented. Carried 4-0 . Review Minutes - November 13, 1995: Councilmember Swenson, seconded by Robert, moved to approve minutes as presented. Carried 4-0 . Page 3 - Minutes 11101k/95 • -U�da�e on Design Rrwi Air r �.� ore n MNDOT' s plan for the South Frontage uRoad mbetweenemerobert Club Tararted and 59th Street . MNDOT is planning a six foot shoulder with curb and gutter, and an eight foot separated bike trail . City Engineer Anderlik recommended that the Council require MNDOT to maintain a consistent design from Osgood Avenue to Stagecoach Trail . Council agreed with the City Engineer and Councilmember Robert said that she would pass the directive on to MNDOT. Boat Access - Councilmember Robert reported on DNR' s interest in putting in a boat access as part of the new bridge construction. It is MNDOT's desire that the City would take over maintenance of the access road to the boat access after it is constructed. Councilmember Robert said that DNR would submit a proposal for all parties involved in this issue to review. Calor of Bridge - Councilmember Robert reported that the Design Review Committee has reached a consensus for the color of the bridge to be blue/gray. Review Minutes - October 23, 1995 and October 30, 1995: Councilmember Kern, seconded by Councilmember Robert, moved to approve both minutes as presented. Carried 4-0 . New Business: Resolution 95-11-48 - A Resolution Establishing Practices Regarding Development Agreement Compliance with Lot Design Standards. Councilmember Kern, seconded by Schaaf, moved to adopt Resolution 95-11-48 . Carried 4-0 . Ordinance 95-402-04 - An Ordinance Amending Chapter 402, Section 402 . 07 of the Code of Ordinances of the City of Oak Park Heights to add a Section 402 . 07, Subdivision H relating to Building Permit Issuance. Councilmember Kern, seconded by Schaaf, moved to set a public hearing date for Ordinance 95-402-04 for Monday, December 11, 1995 . Carried 4-0 . Raguest for Home Occupation permit Stagecoach Trail - Establish a Public Hearing rDate l - City Administrator Robertson reported Mr. Marshall did not complete an application for a Home Occupation Permit . City Attorney Vierling recommended the application be completed before a public hearing date was set . Robertson was directed to communicate this to Mr. Marshall . 1995 Budget Transfers - Councilmember Kern, seconded by Schaaf, moved to approve 1995 budget transfers . Carried 4-0 . t - Attorney Vierling requested discussion of•agreement be �tabledty until November 27, 1995 . Councilmember Kern, seconded by Schaaf, moved to table discussion on the proposal until Monday, November 27, 1995 . Carried 4-0 . Enclosure 3A • \, Second version of JPA as of 11107197. JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE BROWNS CREEK WATERSHED THIS AGREEMENT is made and entered into as of the date of execution, by and between the units of government within the Browns Creek Watershed Management Organization (hereinafter referred to as"WMO"). Each party realizes that the success or failure of the BCWMO 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 184. Laws 1995 ( Minn. Stat. 103B.201-1036.251) Witnesseth: Whereas, the municipalities and townships within the BCW 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 BCW; and, eleeterate- NOW, therefore, the parties to this Agreement do mutually agree as follows: ARTICLE 1 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; s • e) Protect and enhance fish and wildlife habitat and water recreational facilities, and f) Secure other benefits associated with the proper management of surface water. 1.2 The boundaries of the BCWMO 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 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 BCW; 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 are. The above descriptions are not intended to be exclusive or overly restrictive of the conservation pan of the program, but are rather intended to act as a guideline. ARTICLE 2 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 Browns Creek Water Management Organization. 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. e) "Commissioner" Is any person appointed to the Commission by each council or in the Commissioner's absence, the alternate. 2rZ • • f) "Browns Creek Watershed or BCW" Unless otherwise stated, means that area described and set forth in Exhibit 1 attached hereto and incorporated by reference herein. ARTICLE 3 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 said Commissioner; and such Commissioner or Alternate may be removed by the Council at any time with or without cause.ln accordance with MN Rules Chapter 8410.0040. any Commissioner or alternate may appeal their dismissal to the Board of Water and Soil Resources. - - - = - Hugo 3 year tcrm Met Tewnellifit--1-year--tefm Ctillwatcr 2 year r The terms of office shall be as follows and repeat until changed: Baytown 1992-1995 May 1993-1996 Grant 1993-1996 OPH 1994-1997 Hugo 1994-1997 SC 1992-1995 LE 1992-1995 ST 1993-1996 3.3 Vacancies. A vacancy on the Commission shall be filled by the Council whose membership position on the Commission is vacant. Each Council shall follow the notification procedure for filling vacancies as required by MN. Stat. 1038.227 Subd. 1 and 2. 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, a Vicc Chairperson, Secretary, and Trcasurcr, a Secretary/Treasurer Lerslimm. • • 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 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 canceled. 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 Commissio0n 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: Washington Soil and Water Conservation District 1825 Curve Crest Boulevard Stillwater, MN 55082 All notices to the Commission shall be delivered or served to 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 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. Actions taken by the Commission to order projects or to assess members for improvements shall require a two-thirds (2/3) majority vote of the Commission; all other matters will carry by a simple majority. ARTICLE 4 Commission Powers and Duties 4.1 Commission. The Commission shall have the powers and duties as set forth within this article. 4.2 Rules and Regulations. The Commission may prescribe and promulgate such rules from time to time as it deems necessary to carry out its duties and the purpose of this agreement. 4.3 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 hydrologic 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 pron�official al controlsams and tofaocal governmerds and nt un is in es for meeting the comprehensive plans a the Watershed to bring abofor amendint g with the e plan. The Watersatershed lan; and hed Management g) Set out a procedure 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 any local government 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 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 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 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 Browns Creek 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 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 consent thereto. They may also employ 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 where the utilization of staff services are to be substantial. 4.9 Construction or Interpretation of the Watershed 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. a) The Commission shall create a technical advisory committee that will report at least annually to the Commission. The membership shall include. but not be limited to: one of the officers of the Commission. the Commission's technical advisor. the Commission's legal advisor, a representative from either the MN Department of Natural Resources or the Board of Soil and Water Resources and a representative of the Washington County Planning Department. 4.11 Emergency Authority. Upon approval and adoption of the Watershed Management Plan. the Commission may undertake and perform emergency projects in accordance with MN Stat. 103B.252 . If the Commission finds that conditions exist that present a clear and imminent danger to the health and welfare of the people of the BCW and that to delay action would prejudice the interests of the people of the BCW. or would likely cause permanent harm. the Commission may declare the existence of an emergency and designate the location, watershed or subwatershed unit, nature. and extent of the emergency. Once an emergency has been declared. the Commission may order that the work be done under the direction of the Commission or its representative, without a contract, to the extent necessary to protect the interests of the Commission. • • • 4.12 Construction and transfer of drainage systems. The Commission may. under the authority granted it by Mn. Stat. 1036.211 Sub 1(4). accept the transfer of drainage systems in the watershed._to repair. improve. and maintain the transferred drainage system. and to construct all new drainage systems and improvements of existing drainage systems in the watershed. ARTICLE 5 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 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 - - :- _ - _ • •-- - --. .- _ - -= the Treasurer. Other legal instruments shall be executed on behalf of the Commission by the Chairperson and the Secretary_ For the purposes of developing and administering the WMP. as well as funding_ any Capital Improvement Project(s). the Commission may. under the authority granted it under Mn. Stat, 1038.211 sub 1(5.6 &7). take the steps necessary to levy an ad valorem tax within the watershed. 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 for the Commission's business. The budgets shall not, however, be in an amount greater than the equivalent of 0.02418% of taxable market value or$125.000 (whichever is less) on all real property within the Browns Creek Watershed. A a -. — — - --—- - — — - _ — aa - -- - -- - - • -- - zz -- -- - - -- - ♦hc cnti-.. Watershed• - -- - -- - Watershed arca. 4 • *447 5.3. 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 mender of the public at reasonable times to be established by the Commission at their office. 5.4 Reserve Funds. In accordance with the authority granted it by MN. Stat. 1038.241 Subd. 1. the Commission may accumulate the proceeds of levies as an alternative to issuing bonds to finance capital improvement projects. The Commission may also invest these accumulated funds in the manner and subject to the laws of Minnesota applicable to statutory cities. ARTICLE 6 Works of Improvement 6.1 Initiation of Improvement Projects. Works of improvement for the protection and management of the Watershed including but not limited to improvements to the property, land acquisition, easements, or rights-of-way may be initiated by recommendation of the Commission or petition to the Commission by the governing body of a party or parties. In either case, the Commission shall conduct a study to determine first whether or not such proposed improvements are consistent with the water management plan adopted by the Commission and will result in a benefit to the area in part or in whole, and second, whether or not the proposed improvement is feasible and as to whether it should be best made as proposed or in connection with some other improvement. Finally, the Commission • shall determine the estimated cost of the improvement as recommended. Upon concluding such determination the Commission may make a recommendation of the improvement to each governing body of the units of government which the Commission determines will be benefited directly 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 within 90 5Q days of the date of receipt of the recommendation. In the event the local governmental unit does not respond within 99 60 days of the 1 • • iy date of receipt of the recommendation of the Commission, the local governmental unit shall be deemed to have consented to the improvement. In the event any governmental unit directly benefited by any proposed improvement timely objects to same, such proposed improvement may only be ordered by the Commission after conducting a public hearing on the improvement and then only on an affirmative vote of three-fe t#s two-thirds 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 costs 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 governmental within 99 6Q 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 99 60 days of the date of the receipt of the proposal for improvement, the Commission shall be deemed to have consented to such proposal for improvement unless an extension of time has been granted by the local unit of government. In reviewing the proposal of the local governmental unit for improvement projects, the Commission shall determine whether or not the same is consistent with the Watershed Management Plan adopted by the Commission. In the event the Commission determines the proposed improvements by the local unit of government to be inconsistent with the Watershed Management Plan as adopted by the Commission, the Commission shall so notify the local unit of government in the time prescribed above and in such case the local unit of government shall not proceed with the proposed improvement. • 6_3 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 to review thereof, the provisions of Minnesota • • Statutes 429.061, 429.071 and 421.081 are hereby adopted and incorporated as part hereof. •.41 •r•v-, -n - 1 - . n ord=rto _•=n=f •m - w= r- • watershed. all parties to this agreement will share in the costs of watershed management control structures. This watershed wide assessment will be used for the funding of control structures throughout the watershed. The structures these controls regulate. however. will generally be paid for by assessments to property upstream from the individual control structure. 6.5 Capital Improvement Tax Districts. In accordance with MN. Stat. 1038.245 Subd 1. each member of the Commission may establish a watershed management tax district for the purposes of funding capital improvement projects. provided the conditions of MN. Stat. 1038.245 Subd 1 (b) have been met. In the event a Capital Improvement Project involves area of more than one member of the Commission, one or more of the affected members may request the Commission to assume all aspects of the Project. In the event not all members agree to ask the Commission to assume all aspects of an individual project. the Commission may create and administer the proposed tax district. and subsequent Capital Improvement Pr ject(sJ. only after holding a public hearing on the matter and then only on an affirmative vote of two-thirds(2/3) of the Commission. Such public hearings shall be noticed and conducted in the manner established and set forth in MN. Stat.429.031. ARTICLE 7 Miscellaneous Provisions 7.1 Insurance. The Commission may contract for or purchase such insurance as the Commission deems reasonable. 7.2 Bonding Authority. The Commission shall not have the power to issue certificates, bonds or warrants. 7.3 Eminent Domain. The Commission shall not have the power of eminent domain = -= - - - _ = - - - •- - - •- - - • -- : :=- - . The individual members however. agree to exercise the power of eminent domain on behalf of the Commission when instructed to do so by the Commission in matters pertaining to • Capital Improvement Projects. • - -- - '- = - = -= :- - - = '- - - -= - ARTICLE 8 Duration 8.1 Each member agrees to be bound by the terms of this agreement until such time as it is dissolved. 8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth below or by the unanimous consent of the parties of this agreement. 8.3 Dissolution. Any governmental unit may petition the board to dissolve the agreement. Upon 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 reasonable time to complete work and progress and dispose of personal property owned by the Commission allowing a reasonable time to complete work and progress and to dispose of personal property owned by the Commission, if any. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof together with moneys on hand shall be distributed to the governmental units of the Commission. Such distribution of the Commission assets shall be made in proportion to total contribution of the Commission required by the last annual budget. ARTICLE 9 Effective Date This agreement shall be in full force and effect upon the filing of the certified copy of the Resolution approving said agreement by each governmental unit. ARTICLE 10 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 11 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. Approved by the Cities of Hugo, Lake Elmo, Oak Park Heights and Stillwater and the Towns of Baytown, Grant, May and Stillwater. CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY February 23, 1996 Clayton Eckles Chair, Browns Creek WMO Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 Dear Clayton: 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 CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY December 1, 1995 Mr. David Truax 10123 North Kerry Court Hugo, MN 55038 Re : Proposed Joint Powers Agreement - Brown' s Creek Watershed District Dear Mr. Truax: It is my understanding that you drafted the second draft of the proposed Joint Powers Agreement . I have enclosed a copy of Oak Park Heights City Attorney Mark Vierling' s comments on that second draft . The Oak Park Heights City Council requests that you address the issues raised by our City Attorney. The City Council has tabled any action on this matter to await your response . If you have any questions please give me a call . Sincerel , is ae 'o•-rtson City Administrator cc: City Council City Attorney C0 - 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612)439-2878 FAX(612)439-2923 LYLE J. ECKBERG GREGORY G.GALLER JAMES F. LAMMERS KEVIN K.SHOEBERG ROBERT G. BRIGGS THOMAS J.WEIDNER PAUL A.WOLFF SUSAN D.OLSON MARK J.VIERLING DAVID K.SNYDER November 27, 1995 MR MICHAEL J ROBERTSON CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Second Draft, Joint Powers Agreement Draft date 11/7/97 - Browns Creek Watershed Dear Mr. Robertson: I have review the second draft of the Brown' s Creek Water Management Joint Powers Agreement as has been forwarded to you and would recommend for your consideration the following adjustments and comments : 1 . Page 1, first paragraph, the third line references the use of WMO as the acronym to refer to Brown' s Creek Water Management Organization, however, throughout the rest of the • agreement, unidentified acronym such as BCWMO and BCW etc . have been used. I would recommend that the drafter of the agreement identify one acronym to be used as the name of the organization throughout the document and maintain consistency with it . 2 . Page 1, paragraph 1, we would suggest that the statutory amendment on the last line referring Minn. Stat . §103B. 201 be extending through §103B. 255 . 3 . Page 1, paragraph 3 , the word "and" 'at the end of the paragraph following the semi-colon should be deleted. 4 . Page 1, paragraph 1 . 1, we recommend the insertion of the words "or created" on the third line between the word "natural" and the word "water" . 5 . Pages 1 and 2, paragraph 1 . 1 sub-paragraphs A-F, should be modified to more closely align with the provisions of Minn. • MR MICHAEL J ROBERTSON Page Two November 27, 1995 Stat . §103B. 201 with the sub-parts of that statute being added in that location so as to maintain consistency with the statutory provisions . 6 . Paragraph 3 .2 on page 4, correct citation should be to Minn. Stat . §103 . 227 subd. 3 , which should be inserted which only allows removal for cause, consequently, the words "with or without cause" should be deleted and the words "for just cause" should be inserted. 7 . I direct your attention to paragraph 3 . 5, which denotes an amendment to the original text, deleting the positions of vice chairperson, secretary and treasurer. I would also suggest that descriptions as to the duties of the officers to be appointed should be inserted within the text of the agreement so as to make their positions clear. 8 . I direct your attention to paragraph 3 . 7, I note a typographical error with regard to line 5 thereof and would also suggest text of that paragraph incorporate a procedural governance under Robert' s Rules of Order to govern issues of procedure. 9 . I direct your attention to paragraph 3 . 11, for purposes of clarity, we would suggest that the paragraph be redrafted. The first and second sentences appear to be partially redundant, a more clear paragraph would reference the specific provisions by law which are required to have a 2/3 vote and a simple reference for amendment purposes to Article XI would suffice to deal with issues of amendment . 10 . I direct your attention to paragraph 4 . 6, we would suggest that the word "therefrom" located on the fourth line be deleted and the words "from entry" be inserted at that location. 11 . I direct your attention to paragraph 4 . 7, the correct statutory reference is not to §471 . 01 et seq. , but rather should be to Minn. Stat . §471 . 345 et seq. 12 . We direct your attention to paragraph 4 . 10 sub-paragraph A. The purpose, scope and duties of the technical advisory committee that is set forth or referenced within that paragraph are unclear and should be further clarified and expanded upon. 13 . We reference your attention to paragraph to 4 . 11 with regard to emergency authority, which incorporates the provisions of the Minn. Stat . §103B. 252 . Unfortunately, neither the statute nor MR MICHAEL J ROBERTSON Page Three November 27, 1995 the paragraph are clear as to how the emergency projects are to be funded or paid for. Additionally, the paragraph is unclear as to whether or not the organization will be allowed to complete the project or simply initiate the project to the point that the emergency has been addressed or temporarily remedied until such time as the full commission and local affected governments could otherwise deal with the issues . 14 . We direct your attention to paragraph 4 . 12, and would suggest that the additional language of the statute otherwise cited within that paragraph be incorporated into the text of the agreement as the conditions under which that paragraph can be implemented are not completely set forth within the language that is provided. 15 . We direct your attention to paragraph 5 . 2, on the third line, the word "budgets" should be made singular. Further, it is not clear as to why or how the limitation on the annual budget of the commission was established within that framework. I also note that we have received a copy of the letter directed to the members of the Brown' s Creek Watershed Management Organization dated November 2, 1995 by Mr. Klayton Eckles dealing in part with the issues raised by this paragraph and the Article V within the Joint Powers Agreement on funding and Ad Valorem taxes. We would generally concur with some of the concerns raised within that letter and believe that more work is necessary for the commission to address the issues of financing of this particular commission and its projects. 16 . We direct your attention to paragraph 6 .4, which we believe, in its wording, is ambiguous . We would request a clarification of the intent of the drafter of that paragraph before we could respond further. 17 . We direct your attention to paragraph 7 . 3, which paragraph prohibits the commission from having powers of eminent domain and imposes the need for eminent domain upon the members of the commission when necessary for a project . Unfortunately, the aspect, again of cost, is not addressed. I presume that, in the event, a hypothetical project is undertaken, which eminent domain is required for, the local government unit in the project area will have to assume all of the costs of the eminent domain action and there is no provision that deals with the crediting of those expenses against that members share of the overall project to be shared by the commission if, in fact, it is going to be a shared project from cost prospective . This issue again, should be addressed by the Commission. MR MICHAEL J ROBERTSON Page Four November 27, 1995 18 . We direct your attention to paragraph 8 . 3 , the third line of paragraph 8 . 3 deletes the reference to a required 3/4 vote of the eligible votes to recommend dissolution of the Commission. It leaves thesentence referencing a favorable vote by the eligible votes . That is unclear in terms of whether or not a unanimous vote is being required or a majority vote inasmuch as favorable is not clearly defined. We again, suggest that the commission clarify its intent with regard to that particular paragraph. 19 . We further note that Exhibit 1 within the Agreement should, of course, be a map. They may wish to reference Minn. Stat . §103B.211 subd. 2 which refers to maps for these organizations . Presumably, the map has the same water management boundaries as historically existed and does not represent a change from that which has been previously adopted in prior years . 20 . Further, you may find it advisable to include a paragraph within the agreement under the Board of Commissioners section regarding the statutory requirement or permission for a newsletter as provided for within Minn. Stat . §103B. 227 subd. 4 . Thank you for the opportunity to review th' •ocument and as further documents are submitted by the Join •ower- Organization, please feel free to forward them onto .ur off ' ce for updated review. Yours -ry ly, Mark J. Vierling MJV/smp Enclosure K Brown's Creek Watershed Management Organization Nov. 15, 1995 Present: Rebecca Johnson, Barb O'Neal, David Truax and Art Welander Absent: Klayton Eckles and David Francis Others: Jeff Davis, SEH; Wendy Griffin, Washington Soil and Water Conservation District; Peter Leete, DNR; Susan Fitzgerald, City of Stillwater; Paul A. Wolff, attorney for Grant Township; Gary Erichson, Grant Town Board Chairman; Red Wolf, 514 E. Alder St., Stillwater; Joyce Welander, 10381 83rd St. N.; Dick Luhrsen, 11650 Dellwood Road N.; Dick Gruber, 10190 N. 101st St.; Nina Leiser, 10300 Kismet Lane Acting Chairman David Truax called the meeting to order at 7:05 p.m. Approval of minutes of Oct. 18. 1995. Ms. O'Neal noted for the record she left at 8:15, rather than 8 p.m. Ms. Johnson, seconded by Ms. O'Neal, moved to approve the minutes of Oct. 18, 1995, as corrected. Ms. Johnson and Mr. Truax voted in favor of the motion; Ms. O'Neal and Mr. Welander abstained. Paul Wolff, attorney representing Grant Township, wanted the record to indicate that the Grant Town Board is of the opinion that the statements contained in the Mr. Francis' motion on page 2 of the Oct. 18 minutes are inaccurate. Treasurer's report Mr. Truax reported that the fund balance was $3,758.63. Bills received include $33.33 for two legal notices published in the Stillwater Gazette, and $1 ,519.62 from Washington Soil and Conservation District for work done April 25-Nov. 10. Ms. Johnson, seconded by Mr. Welander, made a motion approving payment of the bills; motion passed unanimously. Mr. Truax reported that the WMO has been offered a $16,000 grant -- $8,000 for 1995 and $8,000 for 1996 -- in state Natural Resources Block Grant money from Washington County. Mr. Truax said the grant is contingent upon the WMO signing a final memorandum of agreement, providing a statement of study objectives, and agreeing to encumber an amount equal to the grant money. Mr. Truax, seconded by Ms. Johnson, moved to accept the grant money, agreeing to encumber an amount of money equal to the grant, authorizing the chairman to sign the memorandum of agreement and instructing Washington Soil and Water Conservation staff to prepare a statement of study objectives. Ms. O'Neal suggested that action would be "putting the cart before the horse." The WMO has to have the money in place before agreeing to encumber funds, and she said it should be up to the WMO municipalities to decide whether to accept the grant. Mr. Welander also noted that municipalities and townships have already set their budgets and might not have additional money to contribute to the WMO for the matching funds. Mr. Truax pointed out that agreeing to encumber the funds ($8,000 this year) does not mean the money actually has to be spent by Dec. 31 . Mr. Truax's motion failed 3-1, with Mr. Truax voting in the affirmative. Ms. O'Neal, seconded by Mr. Welander, moved to table the matter until the December meeting. Mr. Truax suggested directing SWCD staff to prepare a list of study objective and authorizing the signing of the draft memorandum of agreement. Ms. O'Neal was unwilling to accept an amendment to her motion. Vote was 2-2, with O'Neal and Welander voting in favor; Johnson and Truax voting no. Mr. Truax, seconded by Ms. Johnson, moved to authorize the preparation of study objectives and revised memorandum of agreement. Ms. O'Neal said she would have no problem drafting a revised document, as long as it is not signed or represented as a unanimous opinion of the WMO board. Motion passed unanimously. Ms. Johnson requested that a total of all budget revisions be available for the December meeting. Update on Kismet basin and July Avenue flooding Mr. Truax said there was nothing new to report on July Avenue. Wendy Griffin reported that the pipe on the Johnson property had been removed and the fill replaced. No flow was going through, she said. Mr. Gruber asked whether the WMO's motion from the October meeting was • ever sent to the Grant Town Board. The answer was no. A discussion ensued about a permanent solution to the Kismet flooding. Mr. Truax had prepared a proposed amendment to the joint powers agreement outlining a series of capital improvements projects, including a controlled outlet for the Kismet basin. Mrs. Welander said their property, which is in a landlocked basin, is being flooded. She asked that an outlet be considered for that basin as well. She suggested that if the WMO assists some property owners, it should consider others who are experiencing flooding, too. Mr. Gruber said the Kismet basin lake is about 4 1/2 feet above normal and is just starting to flow out naturally. He suggested digging a 100 foot long trench and installing a control weir to allow the water to continue to flow out. He said that could be done at minimal cost. The amount of water flowing out would be no more than a regular rainfall and would not hurt anyone down stream. Mr. Erichson once again pointed out the McKenzies do not want any water flowing on to their property and are ready to sue. The township has taken steps, such as raising the road and installing a new culvert on Lansing Avenue, to mitigate the situation and also had property owners' wells tested, he said. Mr. Gruber said homeowners did approach the McKenzies, and they were not receptive to the plan. He asked whether the township would have their attorney contact the McKenzies. Ms. O'Neal suggested parties not directly involved in the situation might be able to serve as mediators. She said she would be willing to talk with the McKenzies, and she suggested that a SWCD representative and perhaps Barb Cobb of B.W.S.R. along with herself attempt to mediate the situation. Mr. Truax, seconded by Ms. Johnson, made a motion to have Ms. O'Neal, along with a representative of SWCD and B.W.S.R. contact the McKenzies. Motion passed 3-0-1, with Mr. Welander abstaining. Mr. Erichson restated the township's position as to why pumping did not occur in September. Mr. Gruber did the same for the homeowners. Discussion of attorneys, accountants and engineering firms. Mr. Truax went through the proposals received from attorneys. He made a motion, seconded by Ms. Johnson, to invite all those who respond by the Dec. 1 deadline to appear and be interviewed at the December meeting, after which a decision will be made. Motion passed unanimously. One proposal had been received for auditing services. Mr. Truax, seconded by Ms. Johnson, moved to invite all those responding by the Dec. 1 deadline, • to appear at the December meeting, after which a decision will be made. Motion passed unanimously. No proposals had been received for engineering services. Mr. Truax, seconded by Ms. Johnson, moved to invited any firms that might submit a proposal by the Dec. 1 deadline to appear at the December meeting, after which a decision will be made. Motion passed unanimously. Joint Powers Agreement discussion. Mr. Truax went through the changes made in the second draft of the amended agreement, as well as responses to the first draft received from the cities of Stillwater and Hugo and the towns of Stillwater and Grant. Ms. O'Neal suggested, as a housekeeping item, that two signatures be listed on the WMOs bank account. Most of the discussion and comments received from the member communities centered on the use of ad valorem taxing and the use of eminent domain. Ms. O'Neal, seconded by Ms. Johnson, moved to table the matter until December to provide member communities time to review and respond to the proposed changes. Mr. Welander noted there are complex laws involved, and currently, the WMO has no attorney. Mr. Truax said he thought the WMO needed to begin acting on the amended agreement. Ms. O'Neal's motion passed unanimously. Technical Advisory Committee update. Mr. Truax reported on the first meeting of the Technical Advisory Committee, which included himself, Mark Doneux, Peter Leete and Jeff Davis. Committee members discussed the scoping study "shopping list" and agreed to continue to go through the list and rank what needs to be done in 1996. It also was the recommendation of the committee to wait to do the 2-foot contour mapping until after aerial photos are taken this spring. The committee also agreed to have Mr. Doneux contact other agencies, such as the city of Hugo, to see what information already is available and to avoid duplication of efforts. The technical committee will meet again in December. SWCD status report. Wendy Griffin reported there was not adequate time to prepare the grant application for the Clean Water Partnership Phase 1 funding. Ms. Griffin asked whether the WMO wished to participate in the • Metropolitan Council lake monitoring program again next year. Ms. O'Neal, seconded by Mr. Welander, directed the SWCD to send a letter to the Met Council asking to be included in the lake monitoring program again in 1996; motion passed unanimously. Other business. Mr. Gruber asked whether the SWCD had received a copy he sent of the agreement Grant Township had asked homeowners to sign. Ms. Griffin will check to see if Mr. Doneux received the agreement. The next meeting will be held at 7 p.m. Monday, Dec. 20. Ms. O'Neal, seconded by Ms. Johnson, moved to adjourn the meeting at 10:10 p.m. Respectfully submitted, Sharon Baker Recording secretary Page 4 - Minutes 9/11/95 Newsletter - Mayor O'Neal requested that the November newsletter note the date and time of the School Board Election. Review Minutes - August 28, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of August 28, 1995 as amended. Carried 5-0 . New Business: Autumn Ridge Phase II Development Agreement - Councilmember ' Schaaf, seconded by Kern, moved to approve the Autumn Ridge Phase II Development Agreement for execution. Carried 5-0 . Proposed Final Plat - Autumn Ridge Phase II - Councilme edrr final Swenson, seconded by Schaaf, moved to approve the plat upon receipt of securities . Carried 5-0 . Approval of Autumn Ridge Phase II Bid - City Engineer r Aiderlik noted that the low bidder was Ryan Contracting. of $307, 011 . 00 was below the City Engineer' s estimate and was recommended for approval . Councilmember Swenson, seconded by Kern, moved to approve the Autumn Ridge Phase II Bid. Carried 5- 0 . Approval of Valley View and 55th Street Culvert Bid - City Engineer Anderlik said that the low bid from Ryan Contracting for a total of $56, 552 . 80 was below his estimate. He noted the initial bid the Council had received for these improvements had been over $100, 000 so there had been cost savings in bidding this project jointly with the Autumn Ridge Phase II Improvements. Councilmember Swenson, StreetuvertBidCaried 5 seconded move rapprove the Valley View and 55th •_ . -r - - .. ' . 1 • _ P if' - •v-, =v-c _- Improvement - Haase Addition - Councilmember Robert, seconded by Schaaf, moved to direct the City Engineer to prepare plans and specifications for the Novak Avenue Improvement . Carried 5-0 . Brown' s Creek WMO - 1996 Budget Contribution, - Robertson noted that of the Brown' s Creek request of $1, 613 . 67 the City had already paid $1, 200 . 00 through its contribution to the hydrologic study of Brown' s Creek. Councilmember Kern, seconded by Schaaf, moved to approve the contribution to Brown' s Creek WMO 1996 Budget. Carried 5-0 . • -,L_- • . _•r - ..leb-e I . - - Hearing - Councilmember Schaaf, seconded by Swenson, moved eto set October 10, 1995 at 7 :30 p.m. as a Public Hearing for Applebee' s request for a liquor license . Carried 5-0 . Page 5 - Minutes 8/14/95 Joint Elementary School/Park Proposal - Council was in consensus that no one could make a proposed meeting with the Stillwater Area School Board established for Thursday, August 17th. Council set two alternative workshop dates either at 5 : 00 p .m. before the regular city council meeting on August 28th or at 5 : 00 p.m. before the regular Stillwater Area School Board Meeting on September 14th. Councilmember Robert said she felt the information received from .the School District at this point was inadequate for making any decisions . Robertson asked for direction regarding treatment of the School District as a developer in terms of paying the normal fees for use of City consultant ' s time . Council was in consensus that the School District should be treated the same as any other property developer and should be required to pay the normal fees to the City. Councilmember Robert stated that she wanted more detail on the number and place of fields the school would be needing for park purposes and the price of those fields . Councilmember Schaaf said that he sees the concept of collaboration as a good one and that for this upcoming meeting with the school board, the City should also be coming up with a concept of what they would like to see in a joint effort . - ••• -• • _ • __•• • Study - Councilmember Schaaf, seconded by Swenson moved to approve a payment of $1, 200 , to be taken from the contingency fund, for the City' s contribution to the proposed hydrologic study. Carried 5-0 . Councilmember Schaaf noted that the City yearly seemed to grant money to Watershed Management Organizations for one type of study or another and requested that a line item be put in the 1996 Budget for this . Fire Substation - Cost Estimates - Councilmember Kern, seconded by Swenson moved to approve a $750 . 00 study by Northwest Associated Consultants, Inc . to analyze the various locations for a fire substation in Oak Park Heights, said study to be presented to the council at its regularly scheduled meeting on September 25, 1995 . Carried 5-0 . Proposed Haase Addition Developer' s Agreement - Councilmember Schaaf, seconded by Swenson moved to authorize approval of the Haase Developer' s Agreement . Carried 5-0 . Strategic Planning Retreat - Jim Brimeyer - Council directed Robertson to convey to Brimeyer that the council wished the meeting to focus strategic planning purposes but would not be working on a mission statement as the Vision Committee have already completed that information. Page 4 - Minutes 7/24/95 58th Street Cooperative Construction Agreement - MNDOT and the City of Oak Park Heights - Robertson expressed concern about wording in the contract limiting the city' s ability to extend 58th Street east of the Norell intersection. Mark Benson, representing MNDOT, noted that 58th street would be used as a bypass for Highway 5 during the reconstruction of the Highway 5 bridge and that MNDOT was extremely concerned about anything that would interfere with the traffic using the bypass . He stated that the majority of the Highway 5 bridge reconstruction should be done by November 1997 and that MNDOT' s expectation was that the Highway 5 bridge would be closed for most of the 1997 construction season. Councilmember Schaaf, seconded by Kern, moved to table consideration of this agreement pending further language changes to be worked out between the City Attorney and MNDOT. Carried 4-0 . Update on Design Review Committee - City Planner Richards updated the Council on the latest Design Review Committee meeting. Brown' s Creek Water Management Organization - Mayor O'Neal updated the Council on the recent meeting of the Brown' s Creek Water Management Organization. She requested that the City contribute $200 to a study that the water management organization was doing of the effects of the development on Brown' s Creek. Councilmember Schaaf, seconded by Swenson moved to approve $200 for the above noted study. Carried 4-0 . Visioning Committee - Mayor O'Neal noted that Sunday, August 20th was scheduled for the first "Floats in the Park" community party. Councilmember Swenson, seconded by Kern, moved to allot up to $5, 000 in expenses for this party. Carried 4-0 . Speeding on Oldfield Avenue - Councilmember Swenson asked Administrator Robertson to ask Police Chief Swanson to rent a sign that could be posted to try to discourage speeders on Oldfield Avenue. Review Minutes - July 10, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of July 10, 1995 as presented Carried 4-0 . Public Hearings: Request for Variance From Side & Rear Yard Setbacks - Jim and Julie McCullum - 14269 57th Street - Mayor O'Neal opened the Public Hearing at 9 : 10 p.m. There being no comments from the public, Councilmember Schaaf, seconded by Kern moved close the public hearing at 9 :11 p.m. Carried 4-0 . Councilmember Kern, seconded by Swenson moved to grant the variance due to the mature trees and location and proposed location of the shed. Carried 4-0 . mommimmimok Enclosure 7D BROWNS CREEK SCOPING STUDY REVIEW AGENDA July 19, 1995 A. FLOOD HAZARD REDUCTION GRANT PROGRAM- STUDY A. STUDY FUNDING-50/50 COST SHARE THROUGH MDNR W/MAXIMUM B. FUNDS AVAILABLE IN AUGUST C. PROJECT SOUNDS GOOD D. COORDINATE SUBMITTAL WITH MOLLY SHODEEN E. SOME FUNDS STILL AVAILABLE F. PROJECT MUST HAVE FLOOD REDUCTION CHARATERISTICS B. FLOOD HAZARD REDUCTION BOND PROGRAM-CONSTRUCTION A. TIMING CONCERNS 1. 2 YEAR CYCLE, 50/50 COST SHARE THROUGH MDNR 2 1996 MDNR REQUEST TO LEGISLATURE WAS MADE IN APRIL OF 1995. 3. GOOD CHANCE TO GET FUNDING SINCE MOST OF THE OTHER PROJECTS ARE IN THE RED RIVER VALLEY. 4. SUBMITTAL REQUIRED BY JAN.1, 1996 5. NEED TO TALK TO LOCAL LEGISLATURESS ABOUT UINROJECT TO INSURE FUNDING SINCE PROJECT NOT DEFINED 1995 REQUEST. C. EXISTING INFORMATION (GRAPHIC) STATE OF DEPARTMENT OF NATURAL RESOURCES PHONENO. 612-772-7950 FILE NO. METRO EAST FISHERIES, 1200 WARNER ROAD, ST. PAUL, MN 55106 July 18, 1995 Browns Creek Watershed Management Organization Klayton Eckles, Chairman City of Stillwater ' 216 North 4th Street Stillwater, MN 55082 Dear Mr. Eckels, I was requested by members of the WMO to provide evidence of other ,, trout streams in the metro area that have been affected or have the potential of being impacted by development. When asked the question, the only trout stream that I could think of at the time was Shakopee Mill Stream and Eagle Creek in the City of Savage. : - Since 'Since then, I have found several other stream (Purgatory, Bassett, and Kennelay's Creeks) that have, been stockedewith trout or is a n lost due to direct - - designated trout stream and subsequently discharge of warm water or lost entirely by development. Copies of information and sequence of events regarding Shakopee. -. Mill Stream are enclosed. The information does not tell the entire story of the use by anglers. However, it shows how a quality spring fed stream can be destroyed by stormwater discharge. The Eagle Creek story is still unfolding. Eagle Creek is a designed trout stream containing only known natural reproducing brown -trout -_ . populations in the metro area. A developer purchased the land adjacent to the creek after the MUSSL line was extended to included -. the creek. Trout Unlimited objected to the proposed development, because it would destroy the trout stream. A series of meetings and various strategies were tried to save the stream, culminating with a bill in the legislature (enclosed) to appropriate money to buybu some of the land from the developer. Bassett and Purgatory s were both stocked with trout. Stocking was discontinued because of stormwater discharges that warmed the water to a 'level that would not support trout. Kennelay's Creek is a designated trout stream that was dewatered when the Black Dog Treatment Plant was.expanded. The stream has not returned to a level that would support trout. There are more examples that probably could be found of trout streams being altered or lost due to construction or development. However, what seems to be the driving force to development is when the MUSSL line moves, development will follow and trout streams will be negatively impacted. Sincere // } David petillo !: Area Fisheries Supervisor :-. 41.1;7, - AN EQUAL OPPORTU TYEMPLOYER • . . . . • 00!!!: CITY OF SHAKOPEE INCORPORATED 1870 -74 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 �. F'' G • ' C December 13, 1989 <<, Mr. Joseph Alexander, Commissioner Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155 • RE: Request for Elimination of Trout Stream Designation from Public Waterbody 253-P Dear Mr. Alexander: ; L The City of Shakopee is in the process of designing ÷.-and constructing a Stormwater Conveyance System that will collect ,_. surface water runoff from areas in Shakopee and Jackson Township and carry this stormwater runoff to the Minnesota River. The last_ s - 2,000 feet of this drainage system will traverse across an area referred to as the Shakopee Mill Pond (see attached map) . This pond actually contains 3 separate ponds of stagnant water that ' have water depths less than 4 feet, limited transparency, — , unconsolidated organic pond bottom sediments with no bearing - - capacity within 30 feet of the surface, littered with old tires and debris, and they are often inundated by the Minnesota River when it reaches a 5 year return frequency flood stage. These areas were also designated as a trout stream by the DNR in June of 1981 through Commissioners Order No. 2089. We request that this waterbody be eliminated from the trout stream designation. Fur""then reasons and justification for this action is outlined below: 1. On July 22, 1988, Mike Mueller, the Area Hydrologist from the _ Metro Region Waters Office of the DNR, and. Bruce Gilbertson the Area Fisheries Managerfrom the Metro Region Waters Office conducted a fish shocking survey that indicated no trout or other game fish were present in the Shakopee Mill Pond area. i 2 . If the City is to construct the Stormwater Conveyance System previously discussed and the trout stream designation remains, " •" 'the City will be forced by MDNR to construct over $300, 000 worth of mitigation to physically separate this designated trout stream and its waters from those discharged by the The Heart 0' Progress Valley __ I - In conversation with you on this matter, you stated that , possible areas for fisheries mitigation for this project could Shakopee owns be development of the parks which the City of and Thole Lakes. �� 1-4 t _ .on O'Dowd -- ...�_. . Regardless of the decision on designation of the Shakopee Mill 4t Pond, I will continue to work with the city ro used estanrm lved agencies to reduce the impacts of the p P r . 4 x project. _. - -7- _ x a X N A .-._ • gam ,. .. — .; cc: John Stine, Reg. Hyd. Jon Parker, Area Wildlife Mgr. _" ==:-. _• -sem 'fig , Fy }+ -wr .aGA4.''.�i�.'°` ......_ s� .:.< .. y '& 1-252; ' d s ! 12s-n eRi .a ra+w .r" «'r+{IS .s ,9�,. 'r�i°'•.c. 44_ , X 7T y *•04' `1k' '. c.x,. 1•4`b Y ww> .. w ` t 4z. �. `• 4 yi �RL'R5 ..- Yr ati 4 4.1} m @bt.-.+ }M' _ .R tee' ems,.# -xae swaV-s. „ .,".. x, ' aa-ht- live4 �+.ra'y ': « 3. �r �ir..+la.wM•.,.r � '+wJw'z .;4" ~..rh h1.�`' ISP .._'_i++ �' .y, - - li 3$.�I _- .. __. _ .1 d'a a 4'r •.re 1M',b11.aYbE .vgia.S / ^�.ki •frW A1 t•p� <.:� _• ter' 043. SOD BROWNS CREEK SCOPING STUDY SUMMARY July 14, 1995 5") /¢ 1 STUDY OPTIONS 91 A. MAPPING- PROVIDES DETAILED TOPOGRAPHIC INFORMATION FOR A DESIGNATED AREA. AREAS IDENTIFIED WILL LIKELY HAVE AN IMPACT ON THE WATERSHED MODEL. THE LATEST AIR PHOTOS ARE 1991 AND COULD BE OUTDATED IN CRITICAL AREAS. NEW PHOTOS WILL DELAY SOME OF THE HYDROLOGIC/HYDRAULIC WORK UNTIL LATE FALL. WASHINGTON COUNTY MAY BE AUTHORIZING NEW AIR PHOTOS FOR THE SPRING OF 1996. AREA 1 RECOMMENDED AREA 2 RECOMMENDED AREA 3 AREA 4 AREA 5 NEW AIR RECOMMENDED PHOTOS B. LONG LAKE LEVEL CONTROL- SET UP COMPUTER BASED MODEL FOR LONG LAKE AND INCORPORATE MARKET PLACE/ CSAH 5/HWY._36 DRAINAGE INFORMATION. RECOMMENDED C. MCKUSICK LAKE STUDY/MODEL- SET UP COMPUTER MODEL BASED MODEL FOR MCKUSICK LAKE. REVIEW MODIFICATIONS TO EXISTING OUTLET TO MAXIMIZE STORAGE. RECOMMENDED D. BROWNS CREEK MAIN STEM- MODIFY EXISTING MODEL INCLUDING STORAGE AND DISCHARGE FROM BENZ,PAT AND MASTERMAN LAKES.OBTAIN OUTLET INFORMATION FROM WASHINGTON COUNTY. RECOMMENDED E. BROWNS CREEK GOLF COURSE TO ST. CROIX- ADD INFORMATION FOR THIS REACH OF BROWNS CREEK TO THE BROWNS CREEK MAIN STEM MODEL. F. MCKUSICK LAKE OUTLET STUDY- INVESTIGATE CAPACITY OF DOWNSTREAM OUTLET/STORM SEWER TO DETERMINE IF CAPACITY AVAILABLE FOR DIVERSION. BRIEF REVIEW OF IMPACTS ON PUMPING REQUIREMENTS ON CORPS OF ENGINEERS RETAINING WALL PROJECT. RECOMMENDED G. DIVERT FLOW FROM BROWNS CREEK TO MCKUSICK LAKE- DETERMINE IMPLICATIONS OF DIVERTING FLOW FROM BROWNS CREEK TO MCKUSICK LAKE AND APPROXIMATE LOCATION/CONFIGURATION OF DIVERSION. RECOMMENDED H. CONTROL DISCHARGE FROM BENZ,PAT& MASTERMAN LAKES - DETERMINE HYDROLOGIC BENEFITS OF INSTALLING CONTROL STURCTURES AT BENZ,PAT AND MASTERMAN LAKES. ONE REVIEW MEETING TO DISCUSS ACCEPTABLE CRITERIA WITH BCWMO AND MDNR. I. WATER SURFACE PROFILE&VELOCITIES C.R. 64 TO ST. CROIX- DETERMINE DESIGN FLOWS &VELOCITIES IN THE CREEK AND PROVIDE SUGGESTIONS FOR STABILIZING BANK AREAS. J. MEETINGS, REPORT, COORDINATION AND FUNDING RESEARCH- 1. ATTEND THREE MEETINGS 2. WRITE HYDROLOGIC/HYDRAULIC REPORT 3. COORDINATE WITH MDNR& SWCD 4. DEVELOP EXECUTIVE SUMMARY WITH MDNR& SWCD FOR WATERSHED STUDY 5. EXPLORE FUNDING OPTIONS RECOMMENDED K. LIMITED HYDROLOGIC/HYDRAULIC MODELING BASED MDNR FINDINGS - PERFORM LIMITED ADDITIONAL H/H MODELING BASED ON MDNR& SWCD FINDINGS L. SUBSURFACE INVESTIGATION- PROVIDE 3 TO 4 SOIL BORINGS AND ANALYSIS TO ASSIST IN DEVELOPMENT OF BALL PARK ESTIMATES M. DESIGN SKETCHES &BALL PARK ESTIMATES - DEVELOP 4 TO 5 OUTLET/DIVERSION STRUCTURE SKETCHES AND BALL PARK ESTIMATES. THIS DOES NOT INCLUDE TIME FOR ESTIMATING A NEW/MODIFIED PIPE OUTLET FOR MCKUSICK LAKE. N. FLOOD HAZARD REDUCTION GRANT - SUBMITTAL OF GRANT APPLICATION TO MDNR FOR WATERSHED STUDY MATCHING FUNDS. RECOMMENDED BROWNS CREEK SCOPING STUDY SUMMARY July 14, 1995 STUDY OPTIONS ESTIMATED COST A. MAPPING- MAPPING SURVEY AREA 1 $5,000 $5,000 $7,500 $7,500 AREA 2 $9,300 $9,300 AREA 3 $2,500 AREA 4 $1,400 $6,500 AREA 5 $2,000 NEW AIR $1,250 PHOTOS B. LONG LAKE LEVEL CONTROL $4,200 C. MCKUSICK LAKE STUDY/MODEL $3,700 D. BROWNS CREEK MAIN STEM $2,800 E. BROWNS CREEK GOLF COURSE $1,800 TO ST. CROIX F. MCKUSICK LAKE OUTLET STUDY $4,600 G. DIVERT FLOW FROM BROWNS CREEK $4,400 TO MCKUSICK LAKE H. CONTROL DISCHARGE FROM BENZ,PAT & $2,400 MASTERMAN LAKES I. WATER SURFACE PROFILE&VELOCITIES $2,000 C.R. 64 TO ST. CROIX J. MEETINGS,REPORT, COORDINATION AND $10,900 FUNDING RESEARCH K. LIMITED HYDROLOGIC/HYDRAULIC MODELING $1,700 BASED MDNR FINDINGS L. SUBSURFACE INVESTIGATION $6,300 M. DESIGN SKETCHES&BALL PARK ESTIMATES $4,600 N. FLOOD HAZARD REDUCTION GRANT $1,200 SUBMITTAL _ BOLD TEXT= RECOMMENDED OPTIONS MODELING OF THERMAL OPTION(S)ARE NOT INCLUDED IN THE ABOVE ESTIMATES. DNR WATERS Fax:612-296-0445 Jul 19 '95 1445 P.01/06 Post-R°Fax Note 7671 Date 1' I 1paOt DEPARTMENT OF NATURAL RESOURCES 1'H p‘ J �t wD( �From DIVISION OF WATERS Co.Dept ce, Off Pr"-* Phone* Rim* Rix* Date: July 19, 1995 To: Molly Shodeen,Area Hydrologist Peter Leete, Staff Hydrologist From: Judy Boudrealp DNR-DOW Sake Water Unit RE: BROWN'S CREEK 'DATE-REVISED As we discussed by phone, we have some very preliminary flow and temperature measurements from the 4 sites chosen for monitoring Brown's Creek: Date Location Time Water Dia- 1310 Level charge Temp. 6/12195 Co. Rd. 64 3:08 pm 864.012 6.3 cis 66.2"F Golf Course 2:15 prn 856.76 7.6 da 66.9°F Stone Bridge 11:00 am 829.86 9.7 cis 60.8°F TH 96 12:15 pm 684.94 11.0 cfs 59.7"F 6/19/95 Co. Rd. 64 9:10 am 863.282 3.9 cfs 68.5"F Golf Course 9:24 am 856.60 4.5 cis 69.3°F • Stone Bridge 10:18 aim 829.81 5.0 cfs 69.3°F TH 96 11:00 am 684.82 6.7 cfs 67.3°F 6/27195 Co. Rd. 64 11:15 am 864.532 46.2 cis 69.3"F Golf Course 10:50 am 858.44 56.6 oh 69.4°F Stone Bridge 11:51 am 830.59 68.7 ch 69.1°F TH 96 12:50 pm 685.96 70.6 cis 68.7°F 7/14195 Co. Rd. 64 12:41 pm' 863322 * 77.7°F Golf Course 1:09 pm' 857.03 * 81.0°F Stone Bridge 1:01 pm' 829.95 * 82.0°y TH 96 11:30 am' 685.03 * 78.1 F DNR WATERS Fax:612-296-0445 Jul 19 '95 1445 P.02/06 • 7/18/95 Co. Rd. 64 3:30 pin 864.40 * 72.1°F Golf Course 3-20 pm 858.17 * 73.2°F Stone Bridge 3:05 pm 830.44 * 73.8°F TH 96 2:55 pm 685.71 * 72.9°F *Discharge not measured. ' Gage height measured approximately I%-2 hours earlier Headwater reading Note that the temperatures vary quite a bit. I checked out daily air temperatures(for the days we measured water temperatures and general trends in the preceding weeks)from the State Climatology and found the following: 6/12/95: The high temperature was 78° and at noon it was 74°. June 8-10 were quite cool (no highs above 64°)and the high on the 11th was 74°. 6/19/95: The high was 91' and at noon it was 88°. The highs since the 16th were all above 90°. 6127/95: The high was 79° and at noon it was 69°. The preceding days were generally cooler than the week previous. 7/14/95: The high was 95° and at noon it was 90°. Obviously the previous temperatures were VERY hot 100-degree days(the high on the 13th was 101°). 7/18195: The high yesterday was 820 and at noon it was 77°. The preceding days have been mild as well. We hope to install two data loggers at the Stone Bridge and TH 96 sites yet this week. We'll keep you posted. cc: Browns Creek file DNR WATERS Fax:612-296-0445 Jul 19 '95 1445 P.03/06 uoi}ena13 0 cp 0 0 cri co co co � o � u. co co co co rr• ' o N e IIci { I ; c. Irl i H i i i � i / 1 I ; z a 1i g , gmlit i 1 co co 1 co 1 co 1 j c w -§ es•gil 1 1 I ! 1 1 o Vig 1 1 1 w i1 il � 0 c 1 0 a O N O a •dwal pue afiaeuas!Q m. DNR WATERS Fax:612-296-0445 Jul 19 '95 14:46 P.04/06 uogana13 • o 0 0 0 0 0 0 o LU o uU 0 u? 0 CO ao CO CO I iN i i Hi 1i i i i ' 0. i E i i ! i i 1 _) I i I i i i 6• i i � � r- - e ). •Yrs , i , , , , = < I i ( f 0 j 0) zI co if— L. i i j 6 U i ; I i Ij I i i i i j ON i i i i i 1 f I C0 i i I i =l i 6 iy i i C N € i_... W ii O Cd Co tet' N O •dwaj pue eamtiosia , DNR WATERS Fax:612-296-0445 Jul 19 '95 14:46 P.05/06 uNeneI3 00 0 0 0 0 o 0 0i co ,.-. LL a � oo 5 1 N O a) cV a) A' i N ! i i Q. E Eli i ' i O i i I-- i ii 3El) ! _.y EO i i i N i r� d as I I 0) i m I i O a) 0 i LI 44 i co ; i I j i i ; 3 i f , ; i i , C j 4 i1 . C I. I o _ O i i \ H1 C11 05 • ci.) i i ! 1 O O O O Q 0 Q r •dual pue e6ieyosia , DNR WATERS Fax:612-296-0445 Jul 19 '95 1446 P.06/06 UOREAOI3 a 0 0 0 o o to a Lo 0 CO 00 c0 00 00 Ci: , 6a) i N �.. a) caci { ! 1 ~ I E ! Etj i o I I 1 V ' ' ed 1 • = 4.-4CO f I 7W o AC I 1 co ' 4174 it 1%1 I t ! I ic c 1 fo i N I � W i I\LIil ! c . I I C©o a) N •dual pue 36JegOsy0 DNR METRO REGION TEL :612-772-7977 Jul 14 ,95 14 :38 No .014 P .04 RECEIVED • • MImWESOrA *ATNUAL HERITAGE PROGRAM PROJECT EVALUATION • f 1 7. 87 MAME OF PROJECT: Breen+a Creak COUNTY: Washington r,. ., r.7rPONvi • ::i1ERIES LANDSCAPE REGION: Southern Oak Wrens DMR QUAD CODE: RMBO. Sti I lweter PRESENT STATUS: Recommended squisition as native trout fishery and as natural area preserve, , APPROXIMATE. ACREAGE: 65 acres of netruaL•arse . .. eceemmmeemm■amowm ammmmms=7i:iw=-Smmam m==--aasmmmmmrst x.;,amc�=m=amiss c.. �mm.m=am • 1.pOla ieat Si anificance of the Pro sot Ari ne that Brown`s Creek [ice in a steep'-sided+• VThetrending ravine risl0haractergistic of se to the St. Croix river (see attached mop). geologically young Landscape in sht itributarieR straight, The fells rsvine rapidly 1155 feet in 0.?5 mites), and has poorly developedCroix . in ice—contact moraine deposited by the Superior lenses ese durinaandset its scop phase of glecietion (apex. 20.000 years B.P.J. Clay str Lucrod out along the creak history involvi g alluvial depositionravine, priorsuggesting to the deposition of depositional history s out :tong the creek the low-contact moraine. Sandi Ona/Limestone bedrock estOP in the western hat! of the revine end forms several small w*terfiL:ls and rapids. The soilsof the ravine ere highly variable with Thsregard o ttexture, k drainage, and to a Lesser extant, parent material. axon bottoms in the eastern rat! of the ravine h°vde ositedoby Erown+ssoils RCraskSduring over sand. The gilt is presumed to• have been P The soils Of the lower and episodes of seasonal flooding and bv�= „aiHahtomedl V*tian�ROak Outcrop ng.mid-.slopes 4f the ravine are mapped an Partially atritifiad • Coaplex, which in this case comprises soils developed drainage along these slopes • till, outwssh, cLsy, and sandstone talus. which varies with_tastura, microtopography, and proximity to groundwater seeps, i • are numerous :Long the loweslopes• Shal low pests have formed in same of the + r seep areas, while otner discharge areas are Clean talus with facing have wet l e plant i growth. The Dress en " er alfisalaportion (Roshaltad Kingetsy Wield,sandy loam soils mapped as laced into five of the Natural The vegetation of the ravine can be p veocraa. '(arse l • Community classes used by the Minnesota Natural .Heritagert the Washington County f these comeunitias were inventoried in 1987 es a P a and two communities have not been surveyed. One community Bot uivet Survey, not surveyed is a Shrub Swamp which occupies the list bottoms of thTltsaaover tern with the Faxon ioll�mspping unit. i half of the ravine, correspondingand . a of the Shrub Snoop is ass:ly tttl toMReed—Canary Gress. The other, Atde'r, : and r iae the crest community not surveyed is s Mixed Oak ForestT which oeeuprirestyand . upper portion or the facing slops. The Mixed Oak Forst ■ccurs p that were the Rosholt and Hahtomedi soil series. Hardwood 9rasP+ { surveyed ars: Maple—Basswood Forest (East Central Sectiones lists flf these i Cirourneutrel Seepage Sub:YPei end Bluff Prairie. described beow. communities are attached, and the aome:unities ere briefly DNR METRO REGION TEL :612-772-7977 Jul 14 ,95 14 :36 No .014 P .02 I w;, STATEM ��,,OF A DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 5510 PHONE NO. FILE NO. 772-7910 July 14, 1995 r, Browne Creek Watershed Management Organization k:' Klayton Eckles, Chairman City of Stillwater 1216 North 4th Street • Stillwater, MN 55082 E: Significance of Browns Creek > " . Dear Mr. Eckles The DNR is very concerned about protecting the resource values of Browns Creek. Browns Creek is highly valued for its trout fishery (it is one of only five designated trout streams in Washington County), its ecological significance, and its historical perspective. I have attached a copy of the DNR Natural Heritage evaluation and a copy of an article that appeared in the White Bear Pismo in 1976. tiThe DNR has been stocking Browns Creek with trout since 1954. It 11 ' is the only stream in the metro area that is stocked with trout. I The DNR has also purchased angling easements and fee titled lands . along the banks of Browns Creek. ' The stream is unusual in the location where the ground water enters the stream. Ground water is generally found in the headwaters (upper reaches) of a stream. In Browns Creek, a significant amount of ground water enters the creek at the lower end, as the stream flows down the ravine into the St. Croix River valley. It is in ` this area that- the trout seek refuge during the warm summer days. The DNR has been concerned for over twenty years as to the thermal r , impacts that development in the upper part of the watershed may cause. In 1976, the DNR issued a Protected Waters Permit for the construction of an outlet for the Long Lake watershed (Permit 76- 6047) . The permit was issued with several agreed to conditions for the thermal protection of Browns Creek. Unfortunately, subsequent monitoring data of the Long Lake outlet was either lost or never done. The DNR is undertaking an initial study of current conditions in Browns Creek (study outline is enclosed) . This study is the result • of the immediate need to understand the hydrology of the trout stream and to estimate the impacts of current and future development on flows and temperature. At this point it is unknown if the DNR will continue the study beyond 1995. DNR METRO REGION TEL :612-772-7977 Jul 14 ,95 14 :36 No .014 F:03 ` Browns Creek Watershed Management Organization Klayton Eckles, Chairman July. 14, 1995 Page (2) It is expected (hoped) that the Browns Creek WMO will undertake the much larger tasks that need to be done in order to alleviate concerns of the thermal impacts that may result from current and future development in the watershed. The DNR looks forward to working with the Browns Creek WMO to seek proactive solutions to balance protection of Browns Creek and the urbanization of the watershed. sin rely, Peter A. M. Leete Hydrologist enclosures C: May Township Board Grant Township Board City of Oak Park Heights City of Hugo Stillwater Township • City of Lake Elmo Baytown Township Steve Russell, City of Stillwater Jeff Dayis, SEM Dave Zappetillo, DNR Fisheries Wendy Griffin, Washington SWCD • Enclosure 9 j, s 0 L1 E AUG Z 1995 THE BIRTHPLACE OF MINNESOTA August 24, 1995 Mr. Mike Robertson, Administrator City of Oak Park Heights BCWMO Member City 14168 - 57th Street North Stillwater, MN 55082 Subject: 1996 Brown's Creek Watershed Management Organization Budget Request. Dear Mike: Every year prior to September 1st the Brown's Creek Watershed Management Organization (BCWMO)notifies all member communities of the next years budget request. As you are probably aware, BCWMO is contemplating a comprehensive study due to flooding and environmental issues present in the watershed. Recently you should have received a letter requesting your support for the preparation of this study. Most communities have already indicated they will support the preparation of this report. The anticipated cost to WMO for the study has now been included in the 1996 budget request. At the August BCWMO meeting the 1996 budget was approved with total expenditures of $35,432.82. The cost for the BCWMO budget is split amongst member cities based on a formula which uses area population and tax capacity. Using the formula, the total 1996 budget contribution for the community of Oak Park Heights will be$1613.67. This amount includes the anticipated cost of the hydrologic and hydraulic study of Brown's Creek all yearly operating expenses. In addition,some communities have not contributed the $200.00 contribution for the scoping study done earlier this year,therefore, for some communities an additional $200.00 is due to the BCWMO. Payments to the BCWMO are normally made in two installments,one in January and one in July. Some communities have already submitted payments for their portion of the proposed study. The city of Oak Park Heights has submitted$1,200.00 and Stillwater Township has submitted$2,400.00. Therefore,these communities need not pay the remainder of their balance until July 1996.Note that a more accurate accounting of each city's contribution will be sent out as part of the January bills. At this point this information is being provided for communities in order to allow for budgeting for 1996. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 It is possible the dollar amounts could be somewhat reduced if a member community were to protest the dollar amounts. The Joint Powers Agreement,which all communities have signed, includes language regarding a budget cap based on a mill rate formula. This budget cap can be exceeded if there is no objection from member communities. Since mill rate formulas are no longer used, the language of the Joint Powers Agreement is somewhat outdated. It does appear that the overall 1996 budget for the BCWMO of$35,432.82 might be as much as $10,000.00 over the maximum according to the Joint Powers Agreement using a conversion formula for the mill rate. Therefore,the actual bill for the 1996 budget sent to member communities may be reduced subject to comments from members cities. Please review this information and notify the WMO if you,have any questions or comments. Sincerely, Klayton Eckles Brown's Creek WMO Chairperson BROWN'S CREEK WATER MANAGEMENT ORGANIZATION MEETING MINUTES DECEMBER 7, 1994 The Brown's Creek WMO met Wednesday, December 7, 1994 at 7:00 p.m. in the City Council Chambers of Stillwater City Hall, 216 North Fourth Street. Present: Ann Terwedo, Stillwater Art Welander, Grant Township Diane O'Bryan, Stillwater Township Conrad Koosman, May Township Barb O'Neal, Oak Park Heights Dave Truax,Hugo Others: Wendy Griffin,Washington SWCD Diane O'Bryan called the meeting to order at 7:00 p.m. Motion by Barb O'Neal to approve the minutes of September 28, 1994. Seconded by Conrad Koosman. All in favor. 1. Arcon Development and Brackey Addition Barb O'Neal stated that the City of Oak Park Heights will be presented with the Arcon Development project at their December 28, 1995 meeting. Mr. Ryggs, developer,was present at the meeting to answer any questions regarding the project. Barb O'Neal stated that she has met with both Mr. Ryggs (Arcon) and Mr. Brackey(Brackey Addition). Tim Fredbo reviewed the wetland delineation for the Arcon project and found it consistent with the wetland delineation methodology and any development on the site will have to be consistent with the policies in the WMO plan. 2. Grant Township. Art Welander stated that Grant Township has signed the final resolution as the LGU for the Wetland Conservation Act rules. 3. The WMO discussed the insurance issue. Ann will check on the responsibility of the organization to get insurance. 4. Wendy Griffin reminded the WMO that the annual report and audit is due in May. Wendy recommended that Long Lake and School Lake be sampled in 1995 with Brown's Creek being sampled by SWCD. Motion by Barb O'Neal to do the stated sampling recommended by Wendy Griffin. Seconded by Art Welander. All in favor. Brown's Creek Water Management Organization • Page 2 December 7, 1994 5. The WMO discussed the work program for 1995. 6. Brown's Creek Water sampling for 1994. Results and Report. Wendy Griffin stated that the report on the Brown's Creek Water Sampling will be done for the next meeting. She added that early results indicate a high level of fecal coliform at Highway 15. Motion by Dave Truax to direct Wendy Griffin to draft a letter to Stillwater Township regarding this concern. Seconded by Barb O'Neal. All in favor. 7. Dave reviewed the bill from the Washington SWCD for services. Motion by Ann Terwedo to pay the bill from Washington SWCD. Seconded by Art Welander. All in favor. 8. Dave Truax reviewed the budget for 1995. The total budget requested is $4,000. Two lakes plus Brown's Creek will be sampled. Other funds needed include administrative costs plus services of the Washington SWCD. Motion by Dave Truax to set the budget for 1995 at$4,000. He directed the secretary to send out notices to all communities for payment to the Brown's Creek WMO based on the budget formula. Seconded by Ann Terwedo. All in favor. 9. Conrad Koosman stated that he will be resigning from the WMO. Rebecca Johnson will replace him. The next meeting is February 22, 1995. Motion by Ann Terwedo to adjourn. Seconded by Art Welander. All in favor. Meeting adjourned at 8:00 p.m. Respectfully submitted: Ann Pung-Terwedo Secretary BROWN'S CREEK WATER MANAGEMENT ORGANIZATION MINUTES MARCH 23, 1994 PRESENT: Ann Pung-Terwedo, Stillwater Barbara O'Neal, Oak Park Heights Diane O'Bryan, Stillwater Township Duane Truax, Hugo Art Welander, Grant Township ALSO: Tim Fredbo, WCSWCD APPROVAL OF MINUTES Motion by B. O'Neal, seconded by D. Truax to approve the minutes of January 19, 1994 as submitted. All in favor. ELECTION OF OFFICERS Motion by B. O'Neal, seconded by D. Truax to continue with the present slate of officers for the coming year: Diane O'Bryan, Chair;Dave Truax, Treasurer;Ann Pung-Terwedo, Secretary. All in favor. UPDATE ON HIGHWAY 5 Tim Fredbo reported that the mitigation plan for Highway 5 upgrade can be viewed in his office. The mitigation will be northwest of Highway 5, and will meet the intents and purposes of the watershed plan and state laws. BROWN'S CREEK WATER SAMPLING Tim Fredbo reported on the Brown's Creek Water Sampling done last year. On June 23, the dissolved oxygen exceeded MPCA standards; nitrogen and phosphorus did not exceed the standards but were somewhat high. Samplings were done at the mouth of the creek at Highway 96, and at the point where the creek crosses Manning. The members discussed whether samplings should continue this year. It was agreed that four samplings should be taken: end of April, June, August, and October. The same lab will be used provided the cost does not exceed $275 per sample. Tim will include the water sampling report in the BCWMO annual report. BCWMO Minutes March 23, 1994 Motion by B. O'Neal, seconded by D. Truax to continue water sampling of Brown's Creek as discussed. All in favor. FINANCIAL REPORT Treasurer Truax reported that 28 checks have been written since 1985. The WMO is required to have an audit for 1992 and 1993. Dave presented a revised financial report for 1992 and a financial report for 1993. Dave suggested that the financial reports and letter of explanation be sent to the Board of Soil and Water Resources in lieu of an audit. Motion by A. Welander to accept the amended 1992 financial report and the 1993 financial report and forward both to BWSR. Discussion continued regarding whether this would be sufficient to meet BWSR's requirements. B. O'Neal suggested amending the motion to include looking at the possibility of a full audit next year or making an attempt to change the legislation requiring an audit. A. Pung-Terwedo made the motion, seconded by B. O'Neal. All in favor. B. O'Neal discussed whether an audit could be run with one of the municipalities' audits. The members will each check with their municipality. REAPPOINTMENT OF MEMBERS The terms of D. O'Bryan and D. Truax expire in July. They will have letters of reappointment sent by the July meeting. ADJOURNMENT Motion by A. Pung-Terwedo, seconded by D. Truax to adjourn at 8:10 p.m. NEXT MEETING The next meeting of the BCWMO will be held Wednesday, May 25, 1994 at 7:00 p.m. - Submitted by: Shelly Schaubach Recording Secretary 2 Ulfj‘ t:1" W►"V Browns Creek Watershed Management Organization 1993 Annual Report Members City of Oak Park Heights Barbara O'Neal 6213 St . Croix Tr. N. #205 • Oak Park Hts. , MN 55082 Grant Township -fo w�' Art Welander • R1 ;£ a4 10381-83rd Street not ►2---erg-. Stillwater, MN 55082 c City of Hugo L � C�l/"'`0 David Truax 10123 Kerry Ct. N. Hugo, MN 55038 May Township John Keller 11829 N. Square Lake Tr. Stillwater MN 55082 Stillwater Township Diane O'Bryan 12840 103rd St. N. Stillwater, MN 55082 City of Stillwater Ann Pung-Terwedo City of Stillwater 216 N. Fourth St. Stillwater MN 55082 Advisory Committees - None formed or utilized in 1993 WMO Employees - The WMO has no employees of it 's own. It contracts with the Washington SWCD for technical and administrative assistance. • 1993 Work Plan Accomplishments A. Continued working with member communities on local plan implementation. To Date, Oak Park Heights, City of Stillwater, Grant Township, and Stillwater Township have adopted the BCWMO Water Plan as their own. B. Oak Park Heights, Stillwater, and Stillwater Township have adopted the necessary land use regulations . The rest of the LGU' s are still working on adoption. C. The BCWMO met every other month on the fourth Wednesday at Stillwater City Hall at 7 : 00 pm. D. The WMO initiated a water monitoring program on Browns Creek in 1993 . The report of our findings are included with this report as attachment 1 . E. The WMO continued to review development proposals for compliance with the policies and regulations contained in the water management plan. F. Assisted LGU' s in the watershed with administration of the Wetland Conservation Act . G. 'Prepared a news release about the BCWMO that was submitted to the local papers . (Copy attached as attachment 2) H. The BCWMO initiated an OHW study by the DNR on wetlands and Goggins Lake, as a result of flooding problems associated with blocked culverts under County Roads. Washington County then proceeded with replacement and repairs to alleviate the high water problems being experienced by several ( ! landowners. 1994 Work Plan A. Assist Cities of Hugo and Stillwater with preparation of their local water planning requirements. B. Continue to assist member LGU' s with adoption and implementation of required land use regulations. C. Continue to assist member LGU' s with administration responsibilities concerning the WCA. D. Review and comment on development proposals in the watershed for erosion control and water resource protection, consistent with BCWMO plan policies. E. Continue the water monitoring program on Browns Creek to help identify problems associated with land use trends in the watershed, and to assess the overall water quality condition of the stream. F. Compose and distribute at least one written communication to residents in the watershed that explains what the WMO is and what it ' s responsibilities are. G. Prepare an operating budget for 1995 . H. Update the joint powers agreement to be consistent with the revised Metro Local Water Management Rules, Chapter 8410 . Summary of Projects Reviewed The following development proposals were reviewed for conformance with the BCWMO Water Plan: - Target/Cub Foods, City of Stillwater. - Lovness culvert placement, Sec. 23 , Grant Twp. - Erickson Post expansion plan, and wetland impacts, City of Stillwater. - County Road 5 improvement project plans, Stlwtr. - Faltisek fish pond project . Summary of Water Quality Monitoring Initiatives See attachment 1 . Evaluation of Status of Local Plan Adoption And Implementation Oak Park Heights Have adopted MSCWMO Plan by reference and amended ordinances as required. Grant Township Adopted MSCWMO Plan by reference. Relies on Washington County to do all land use permitting. Hugo Currently working on preparation of water plan. May Township Working on local water plan development . Plans on completing in 1994 . Stillwater Township Has adopted plan by reference and relies on Washington County to do all land use permitting. City of Stillwater Adopted MSCWMO Plan by reference. Currently amending land use ordinances required. Wetland Banking Program To date, the BCWMO has not, and is not planning to implement a wetland banking program since it has not declared itself as an LGU. It is the plan' s intent that regulatory roles remain at the local Twp. , or City level . They are expected to be the LGU for the WCA. Respectfully submitted, Diane O'Bryan, Chair Browns Creek WMO i 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 MARK J.VIERLING GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER June 1, 1993 SUSAN D.OLSON ti The Honorable Barbara O'Neal Mayor City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 - Re: Proposed Agreement - Washington Soil and Conservation District/ Browns Creek Watershed Management Organization Dear Mayor O'Neal: I have briefly reviewed the Agreement that you gave to Kevin Shoeberg of our office on May 27, 1993 asking that I review same. The Agreement seems largely in order, however, as a matter of grammatical and practical application, I would suggest some changes. Those changes are as follows: 1. Section I - Subdivision 2 appears to be inconsistent with the provisions of Subdivision 1 which indicates that the Agreement once executed will remain in force and effect for a period of one year. Much like other County contracts, I assume the intent is for either party to have the ability to cancel on thirty (30) days notice even though one (1) may not have expired yet.. Consequently, the prefacing language to Subdivision 2 should provide, "notwithstanding the provisions contained within Subdivision 1". 2. Section II - Subparagraph D. In terms of district response to inquiries from the public, those should always be funneled through the Brown Creek Water Management Organization Board. Otherwise, the Board will not be aware as to the nature of . the questions as are being directed to the District from various members of the public and may be in a position to be surprised or undermined by information that would get out on certain issues before the members of the Board even had access to the knowledge themselves. Moreover, inasmuch as you are being billed on an hourly basis, it is best for the Board to be aware of the nature of the inquiries that are being directed to the District on its behalf. , je,V.,- iteek ehalf. y' `. Page 2 June 1, 1993 To: Mayor Barbara O'Neal Re: Proposed Agreement ("District/BCWMO") 3. Section III - Subparagraph B. Board members should be aware as to how many bodies of water need to be sampled for which there is no public access to those lands. I am not at all sure that the Browns Creek Water Management Organization under its Organizational Charter or Joint Powers Agreement with its member commissions has any powers of condemnation whatever. If there were land locked bodies of water for which there were no public accesses to and a private access could not be negotiated amicably with the property owner, the Browns Creek Water Management Organization would find itself in violation of its Agreement with the District which requires that you provide access to all such bodies of water. The balance of the provisions of the • - -nt appear fairly straight forward. Should you have any • •estions o concerns with regard to these or any other provisi• s of the Ag eement, please feel free to contact me directly. Very ruly s, Ma Vierling MJV:sms MEETING MINUTES BROWN' S CREEK WATERSHED MANAGEMENT ORGANIZATION January 27, 1993 Members Present : Ann Pung-Terwedo - Stillwater Dave Truax - Hugo Barbara O'Neal - Oak Park Heights Diane O'Brien - Stillwater Township Absent : Art Welander - Grant Township John Keller - May Township Not Represented : Lake Elmo Also Present : Tim Fredbo, Washington SWCD Acting Chair Dave Truax called the meeting to order at 5: 30 p .m. APPROVAL OF MINUTES Motion by Barbara O'Neal, 'seconded by Diane O'Brien to approve the minutes of November 18, 1992 as submitted . All in favor . APPOINTMENT OF OFFICERS Motion by Barbara O'Neal to nominate the following slate of officers : Diane O'Brien as Chair, John Keller as Vice-Chair, Ann Pung-Terwedo as Secretary, and Dave Truax as Treasurer . All in favor . BROWN'S CREEK WATER SAMPLING 1993 Tim Fredbo presented a cost estimate of $1,140 for the water sampling proposal . Motion by Barbara O'Neal to approve the water sampling proposal as presented and to authorize Dave Truax to sign the agreement with the SWCD for $1,140 plus ten percent for contingency. Seconded by Ann Pung-Terwedo. All in favor . FINANCIAL REPORT Dave Truax reporte that, following a payment of $230 to Washington Co. SWCD, there is a balance of $1, 021 in the General Fund, and $3, 600 in the 509 Fund . The water sampling payment will be made out of the 509 Fund . JOINT POWERS AGREEMENT Ann reported that the Join Powers Agreement is currently at Grant Township. Tim Fredbo reported that according to the Metro Area Local Water Management Rules, the current Joint Powers Agreement will have to be revised. Tim will draft a new agreement and bring it to a 1 �a FIRST AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING THE BROWN'S CREEK WATER MANAGEMENT COMMISSION ti The parties of this Agreement are members of the Brown's Creek Water Management Commission. This Amendment is made pursuant to the authority conferred upon the parties by Minnesota Statute 1990 Sections 471.59 and 103B.201, et.seq. 1. Existing Agreement. The existing Joint Powers Agreement for the Brown's Creek Water Management Commission shall remain in full force and effect, except as specifically amended by this Agreement. 2. Change in Membership. Oak park Heights is hereby added as a member of the Commission. Oak Park Heights shall appoint a commissioner and alternate commissioner for a term commencing when this Amendment has been signed by all parties and expiring July 1, 1994. All future appointments shall be for a three (3) year term. IN WITNESS WHEREOF, the undersigned governmental units, action of their governing hands, have cause this Agreement to be executed. Approved by the City Council City of StillwaterJuly 30, 1991. BY: algal 712/ Cbi0444v Its Mayor Attest: • Its Cler Approved by the Town Board Stillw ter o ip r7 , 1994 B : P.t.;4 t / 'rpe on Attest: 1,&:-4r Its Cler Approved by the Town Board Baytok• p ;k, 9'"6 , 1992 BY: + • _ L Its/ airperson )' Attest: _r . Ai,/ eleteela-1 Its Clerk §p Approved by the Town Board Grant Township - 199 BY: aA2/ Its Chairperson a Attest: 16_.t..6(..- Its Clerk ApprovedJby the City Council City of Hugo .//L�.. / , 1998 BY: )/kL,_, Its Mayor 0 Attest:/24.-t-el w�� Its ?")i. Approved by the Town Board May Township 10 l ! , 1992 BY: ti C a. •erson Attest: Its C e rk-°`�1 Approved by the City Council Oak Par Heights 01t , 1992 BY: a,d., � - Its Mayor Attes J••••••••••..1... l.✓ 4.44.••04.) is Clerk 1 BROWN'S CREEK WATER MANAGEMENT ORGANIZATION MINUTES May 20, 1992 Present: Louise Bergeron, Stillwater Township; Barbara O'Neal, city of Oak Park Heights; Ann Pung-Terwedo, city of Stillwater; David Truax, city of Hugo; and Art Welander, Grant Township Others: Tim Fredbo, Washington County Soil and Water Conservation District Chairwoman Louise Bergeron called the meeting to order at 7:10 p.m. APPROVAL OF MINUTES Barbara O'Neal moved to approve the minutes of the March 18, 1992, meeting; seconded by David Truax. All in favor. NUTRALIME LANDSPREADING Mr. Fredbo asked whether the Watershed District should take a position on the spreading of NutraLime on an agricultural site in Grant Township. He noted that the NutraLime program is regulated by the Minnesota Pollution Control Agency (MPCA) and is "pretty lightly controlled." However, he added that the fact that the program is regulated doesn't guarantee there won't be a problem. Mr. Welander expressed his concern that the material, which does contain some heavy metals, is being spread on agricultural land. Mr. Truax added his concern about the use of the material on agricultural land. Barb O'Neal suggested asking representatives of the MPCA or Metropolitan Waste Control Commission to give a short presentation to the group regarding the regulations, requirements and limitations of the program. Ann Pung- Terwedo said she had copies of the program requirements/regulations. It was agreed that members should review the regulations prior to the next meeting, and if members still have questions, request a presentation. ST. CROIX RIVER HARBOR DREDGING There was a brief discussion about the Department of Natural Resources permit for the dredging of the harbor at Wolf Marina. Mr. Fredbo said it is not clear where the sediment is coming from, but it is believed to be from the St. Croix River. He said the dredging should have "no environmental impact" on Brown's Creek and "little or no" environmental impact on the St. Croix River. PLAN ADOPTION UPDATE 2 P r' Louise Bergeron said Stillwater Township's Comprehensive Plan includes a section dealing with environmentally sensitive areas and references each of the Watershed District's management programs. Art Welander said he believes Grant Township has adopted the plan by reference but still needs to adopt the related ordinance. The plan is on the Hugo City Council's agenda for the first meeting in June, Mr. Truax said. The plan has been heard by the Stillwater Planning Commission and is scheduled for Stillwater City Council consideration at its June 1 meeting. Barb O'Neal said Oak Park Heights is doing an interim wetlands plan and said adoption of the Brown's Creek Watershed District plan would be discussed by the Council the last week in May. There was some question raised as to the status and whereabouts of the joint powers agreement. BROWN'S CREEK WATER SAMPLING Members were advised that Stillwater Township resident Richard Schubert has volunteered to collect the samples. Mr. Fredbo said the original proposal was to collect samples six times at base flow and run-off at two sites during June through September. The lab analyses is costly, he said. Metropolitan Council recommends 12 samplings, but he suggested the number of could be cut in half. Estimated cost for lab analyses is about $1,500, he said. Mr. Welander noted that is a problem is found, additional samples could be done. Barb O'Neal suggested asking the professor the University of St. Thomas who is doing sampling of Lily and McKusick lakes for the Middle St. Croix Watershed District if he would also consider doing the Brown's Creek sampling. David Truax made the motion to contact the St. Thomas professor and if he is not available, to authorize the use of InterPol Labs for the sample analyses. Art Welander seconded the motion. All in favor. OTHER BUSINESS David Truax, treasurer, "forewarned" members that it would be necessary to request the Watershed District municipalities for additional money. He noted that the district has not requested any money since 1990. He said the water sampling program will leave the district budget about $1,000 short. He said he would be recommending at the July meeting to request funding in the amount of $2,000 for Watershed District expenses and an additional $100 from each municipality to cover administrative expenses. Mr. Truax also raised the question of how the state's 509 law requirements for insurance or having an engineering firm on retainer might impact administrative expenses. Mr. Fredbo said he would research that issue by the July 15 meeting. 3 It was moved and seconded to prepare statements for each municipality requesting a total of $2,500 for watershed expenses and an additional $100 each for administrative expenses. All in favor. Louise Bergeron, who has resigned from her position on the Township Board, made the motion to adjourn the meeting and expressed her pleasure in serving on the Watershed District committee. David Truax seconded the motion. All in favor. Submitted by: Sharon Baker Acting recording secretary MEETING MINUTES The Brown's Creek Watershed Management Organization met Wednesday, July 22, 1992 at 6 p.m. in the Stillwater City Council Chambers, 216 North Fourth Street. INFORMATIONAL MEETING NO QUORUM Present: Ann Pung-Terwedo, Stillwater, Barb O'Neal, Oak Park Heights, Dave Truax, Grant Township Not Present: Art Welander, Louise Bergeron • Others: Tim Fredbo Water Sampling Tim Fredbo reviewed the water sampling by Rick Microtto. Did not sample Brown's Creek in June but will do two samples yet this summer. Joint Powers Agreement The Joint Powers Agreement was not found. A new one will be drafted and distributed. • Newsletter Discussion was held on newsletters which need to be distributed to citizens in the watershed. Mr. Fredbo stated that this rule has not been formally adopted into the 509 law. Meeting adjourned at 6:30 p.m. Respectfully Submitted: Ann Terwedo WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd.,Room 101 llStillwater, 61M55082 (612)439.6361 MINNESOTA inikk SOIL AND WATER CONSERVATION DISTRICTS August 8 , 1992 To : Browns Creek Watershed Management Organization c/o Ann Terwedo City Hall 216 N. Fourth Street Stillwater, MN 55082 From: Tim Fredb INVOICE FOR PROFESSIONAL SERVICES Technical Assistance for January 1-July 31 , 1992 03-04-92 Review of Harviex Minor Subdivision 1 Hour City of Hugo 03-18-92 BCWMO Meeting 2 Hours 05-21-92 BCWMO Meeting 2 Hours 05-22-92 Setting up Water Quality Monitoring 4 Hours Program with Rich Meierotto 06-11-92 Met with Bob Museus, Administrator 1 . 5 Hours for City of Hugo (with Dave Truax) 07-22-92 BCWMO Meeting 1 Hour Total Hours 11 . 5 Hours Labor Rate = $20 . 00 per Hour TOTAL AMOUNT DUE AND PAYABLE $230.00 Make Check Payable to Washington SWCD If you have any questions regarding this billing, please call 439-6361 . AN EQUAL OPPORTUNITY EMPLOYER 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. eco' a -alv- 92 3 February 21 , 1992 LaVonne Wilson City Hall 14168 57th Street North Oak Park Heights, MN 55082 Re: The Wetland Conservation Act of 1991 Dear Ms. Wilson: The Browns Creek Watershed Management Organization (BCWMO) is interested in determining your community' s intentions regarding the administration of the new State Wetland Conservation Act . In case you are unaware of this new state law or just need to refresh your memory, I have enclosed information that gives a brief overview of the act and outlines local governmental units (LGU' s) responsibilities. The Browns Creek WMO feels that this new legislation would be best administered at the local city or township level because you already have permitting authority. At this point, the BCWMO does not want to take on any permitting authority because this would create another regulatory level that permit applicants would have to work through. Many of the communities, in the Browns Creek Watershed, are required to adopt a wetland protection regulation by our surface water management plan. By administering this new state law, you will be in compliance with the wetland protection requirements of our plan. /,} The BCWMO would like to hear from you as soon as possible regarding your position on administering this new law. Please notify Mr. Tim Fredbo, our technical consultant, at the following address, no later than April 1 , 1992. If we do not hear from you by then, we will assume you do not intend to administer the new law. Tim Fredbo Washington Soil and Water Conservation District 1825 Curve Crest Blvd. , Room 101 Stillwater, MN 55082 If you intend to administer the Wetlands Conservation Act, please note in the enclosed information that you also need to notify the Minnesota Board of Water and Soil Resources. Please direct any questions, you may have regarding this letter, to Tim Fredbo. He can be reached at 439-6361 . Thank you for your cooperation in this matter Sincerely, 07/ Louise Bereron Chair, Browns Creek WMO cc: Tim Fredbo SWCD BCWMO Members Encl PROPOSED INTERIM PROCESS Landowner (I.o.):Any Wetland Activity I LGU Contacted Exempt Not Exempt Activity 1 Replace n ent Options Certification Future Replace Now Defer to a of exemption Replacement (2:1 or 1:1) consistent issued to I.o. > 7/1/93 type for type local scheme for specific site and activity. (Exemption cert. is filed by LGU I.o. agrees to I.o. does not if questions arise) terms & LGU .. agree to terms certifies 1 I.o. proceeds with activity I.o. prohibtted.irom Commencing I If Commenced, Enforcement Action CITY OF OAK PARK HEIGHTS MINUTES OF MEETING HELD MONDAY, AUGUST 12 , 1991 Call to order by Mayor O'Neal at 7 :00 P.M. Present: Carufel, Seggelke, Kern, Vierling and Wilson. Absent: Doerr. Clerk read public hearing notice, presented affidavit of publication and mailing list for variance request submitted by Wendy Skinner. Mayor called for comments on above and continued minor subdivision request. Discussion ensued. Seggelke, seconded by Kern, moved to close hearing. 4 aye votes. Hearing closed. Doerr arrived at 7 :05 P.M. Seggelke, seconded by Carufel, moved to deny requests due to the fact that it would be too hard to control if owned by two separate owners and would continue to be returned to the council for review. 5 aye votes. Carried. Many residents and business owners presented their opposition to the construction of the proposed location of the St. Croix River Bridge and the Highway #36 proposal. Carufel, seconded by Kern, moved to authorize the purchase of a computer for the Police Department at a cost of $4425.00 to be paid from Capital Outlay Funds. 5 aye votes. Carried. Seggelke, seconded by Kern, moved to adopt Resolution #91-08-41 directing city staff to install a stop sign on 53rd St. N. and O'Brien Ave. N. Roll call vote with 5 aye votes cast. Resolution adopted. Seggelke, seconded by Carufel, moved to adopt Resolution #91-08- 42 authorizing the amendment to the 4MMOMOMMIMMOWater Management Commission Agreement. Roll call vote with 5 aye votes cast. Resolution adopted. Doerr, seconded by Kern moved to appoint Mayor MM. as commissioner and S as alternate commissioner to above Water Commission. 5 aye votes. Carried. Kern, seconded by Carufel, moved to direct Gardner Bros. to re- survey Lots 10 & 11, Block 5 and Lots 4 through 14, Block 3 at their expense and submit to City Engineer by August 20, 1991. City Engineer to present to Council August 26, 1991. 5 aye votes. Carried. -� (� FIRST AMENDMENT TO ESTABLISHING THE BROWNS CREEK WATER MANAGEMENT COMMISSION The parties to this Agreement are members of the Browns Creek Water Management Commission. This amendment is made pursuant to the authority conferred upon the parties by Minnesota Statute 1990 Sections 471.59 and 1036.201, et. seg. 1 . Existing Agreement. The existing Joint Powers Agreement for the Browns Creek Water Management Commission shall remain in full force and effect, except as specifically amended by this Agreement. 2. Change in Membership. Oak Park Heights is hereby added as a member of the Commission. Oak Park Heights shall appoint a commissioner and alternate commissioner for a term commencing when this Agreement has been signed by all parties and expiring July 1, 1994. All future appointments shall be for a three (3) year term. IN WITNESS THEREOF, the undersigned governmental units, action of their governing bodies, have caused this Agreement to be executed. Approved by the City Council CITY OF STILLWATER 3° 1991 BY: )ezet Its Mayor ATTEST: 2tC1-42 Its Clerk r Approved by the Town Board STILLWATER TOWNSHIP , 1991. BY: Its Chairperson ATTEST: Its Clerk Approved by the Town Board BAYTOWN TOWNSHIP , 1991. BY: Its Chairperson ATTEST: Its Clerk Approved by the Town Board GRANT TOWNSHIP , 1991. BY: Its Chairperson ATTEST: Its Clerk Approved by the Town Board CITY OF HUGO , 1991. BY: Its Mayor ATTEST: Its Clerk Approved by the Town Board MAY TOWNSHIP , 1991. BY: Its Chairperson ATTEST: Its Clerk Approved by the Town Board CITY OF AK PARK HEIGHT7.1 1991. BY: /.5etitA6sata- Led_ Its Mayor ATTES Ge.).L.44a2) Its Clerk