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• WASHINGTON COUNTY James R „ug agrL OFFICE OF ADMINISTRATION County Administrator GOVERNMENT CENTER Virginia Erdahi 14900 61ST STREET NORTH•STILLWATER,MINNESOTA 55082-0006 Deputy Administrator 612-430-6000 Facsimile Machine 612 .c!.-;'••• ECg January 3, 2000 JAN - 5 2000 To City Clerks of: Afton Oakdale Woodbury Grant Oak Park Heights Baytown Township Lake Elmo Pine Springs. West Lakeland Township Mahtomedi St. Mary's Point RE: Valley Branch Watershed District Vacancy The Washington County Office of Administration has been notified that Stephen J. Foley, West Lakeland Township,has resigned from the Valley Branch Watershed District Board of Managers effective as soon as a replacement can be appointed by the Washington County Board. If you wish to submit nominees for consideration to fill the unexpired term of Mr. Foley,your joint or separate list should be sent to me prior to January 31,2000. It is then anticipated that the Board will make an appointment at its February 8 Board meeting. A copy of the County's advisory board application form is enclosed. Please duplicate it as necessary. Thank you for your assistance in filling this important watershed position. Sincerely, Patricia A. Raddatz Administrative Assistant pr c County Board of Commissioners James S chug, County Administrator David Bucheck, President,Valley Branch Watershed District Reeled on Feeepaledr•ap« EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 14; • Mae a 4 • it WASHINGTON COUNTY APPLICATION FOR APPOINTMENT -6010"; ,�, TO WATERSHED DISTRICT PR06A Watershed District INSTRUCTIONS: 1. Write the name of the Watershed District you are applying for in the space above. 2. All applicants will be interviewed by the County Board of Commissioners. 3. 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 Zlp TELEPHONE: Home Business 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 ELECTED 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. PLEASE DESCRIBE YOUR IDEAS ABOUT WHAT MANAGEMENT ACTIVITIES NEED TO BE CARRIED OUT WITHIN THE WATERSHED DISTRICT: WHY WOULD YOU WANT TO SERVE AS A WATERSHED DISTRICT MANAGER? DO YOU OWN ANY COMMERCIAIJINDUSTRIAL OR DEVELOPABLE PROPERTY IN THIS WATERSHED DISTRICT? ARE YOU AWARE OF ANY CURRENT OR POTENTIAL CONFLICTS OF INTEREST THAT YOU WOULD EXPERIENCE IF YOU ARE APPOINTED AS A WATERSHED DISTRICT MANAGER? Private Information Release Tennessen Notice: In accordance with the Minnesota Government Data Practices Act,Washington County is required to inform you of your rights as they pertain to private information collected from you. Private data is that information which is available to you,but not to the public. Your telephone number is considered private information. Furnishing your telephone number will allow Washington County to publish this information in the Washington County Committee Directory. I, authorize Washington County to disclose the following information in the Washingt County Committee Directory and to persons who may request this information over the phone: Phone Number. Home Business Date Signature RETURN THIS APPLICATION TO: WASHINGTON COUNTY Office of Administration Government Center 14949 62nd Street North P.O.Box 6 Stillwater,MN 55082-0006 (651)430-6014 If you need assistance due to disability or language barrier please call 430-6000(TDD 439-3220) AN EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYBR SaolcEet °ki WASHINGTON COUNT i C © n, OFFICE OF ADMINISTRATION County Ad ii•t :tor ImGTOM COofif Y AUG GOVERNMENT CENTER 'Virg14N8'F�.Er.I I �V nARSa PROGRESS 8&Ad 14949 62ND STREET NORTH•P.O.BOX 6•STILLWATER,MINNESOTA 550:re 16 Office 651-430-6000 Facsimile Machine 651-•c i-. Deputy Ad i - ator August 13, 1999 To City Clerks of: Afton Oakdale Woodbury Grant N Baytown Township Lake Ehno 'ine Spr gs West Lakeland Township Mahtomedi St. Mary's Point RE: 011111011111111§MalliftarealiaAppointments The terms of office for David Winter,Mahtomedi,and David Bucheck,Lake Elmo,on the Valley Branch Watershed District,will expire on November 13, 1999. 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 incumbent to be considered for reappointment,your joint or separate list should be sent to me prior to September 10, 1999. It is anticipated that the Board would then consider any nominees at its meeting on October 5, 1999. A copy of the County's advisory board application form is enclosed. Please duplicate it as necessary. Further information on the nature of duties involved may be obtained from the watershed district office. Thank you for your assistance in filling this important watershed position. Sincerely, • Patricia A. Raddatz Administrative Assistant /pr cc: County Board of Commissioners Jim Schug, County Administrator David Bucheck, President, Valley Branch Watershed District David Winter,Valley Branch Watershed District Board Manager Karen Schultz, Recording Secretary,Valley Branch Watershed District Enclosures Printed on Recycled Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION w• •`°".y- WASHINGTON COUNTY sa APPLICATION FOR APPOINTMENT WWI" , TO WATERSHED DISTRICT Watershed District INSTRUCTIONS: 1. Write the name of the Watershed District you are applying for in the space above. 2. All applicants will be interviewed by the County Board of Commissioners. 3. 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 ELECTED 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. PLEASE DESCRIBE YOUR IDEAS ABOUT WHAT MANAGEMENT ACTIVITIES NEED TO BE CARRIED OUT WITHIN THE WATERSHED DISTRICT: WHY WOULD YOU WANT TO SERVE AS A WATERSHED DISTRICT MANAGER? DO YOU OWN ANY COMMERCIAUINDUSTRIAL OR DEVELOPABLE PROPERTY IN THIS WATERSHED DISTRICT? ARE YOU AWARE OF ANY CURRENT OR POTENTIAL CONFLICTS OF INTEREST THAT YOU WOULD EXPERIENCE IF YOU ARE APPOINTED AS A WATERSHED DISTRICT MANAGER? Private Information Release Tennessen Notice: In accordance with the Minnesota Government Data Practices Act,Washington County is required to inform you of your rights as they pertain to private information collected from you. Private data is that information which is available to you,but not to the public. Your telephone number is considered private information. Furnishing your telephone number will allow Washington County to publish this information in the Washington County Committee Directory. authorize Washington County to disclose the following information in the Washingtc County Committee Directory and to persons who may request this information over the phone: Phone Number. Home Business • Date Signature RETURN THIS APPLICATION TO: WASHINGTON COUNTY Office of Administration Government Center 14949 62nd Street North P.O.Box 6 Stillwater,MN 55082-0006 (651)430-6014 If you need assistance due to disability or language barrier please call 430-6000(TDD 439-3220) AN EQUAL EMPLOYMENT OPPORTUMTY/AFFIRMATIVE ACTION EMPLOYER 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 ata e _le re I in i .inie If W, er es ti ' u M' se ? 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 • a, As Who governs a Watershed District? Watershed Districts are governed by a local board of managers. When a district is first established, the initial board of managers is appointed by the Board of Water and Soil Resources from a list of manager nominees submitted along with the establishment petition. District managers cannot be county, state, or federal officials and they must reside within the district. The first board of managers serves for only one year, thereafter it becomes the responsibility of the county boards of commissioners that have territory in the district to appoint the managers. The establishment petition can request from three to nine managers for a district, and the number of managers that each county is authorized to appoint is determined by the Board of Water and Soil Resources when it establishes the district. There is no set formula for distributing the appointments among counties, but the primary consideration is generally the area of land within each county. Where are Watershed Districts established? Districts can be established anywhere in the state. There are currently 42 watershed districts in the state of Minnesota; the largest concentration is in the Red River Basin, in northwestern Minnesota. The Board of Water and Soil Resources has no power to establish a district unless it receives a petition from the local level. In addition, B.W.S.R. has never gone around promoting districts. An establishment petition can be validated in four different ways. It can be signed by at least half of the counties having land within the proposed district. It can be validated by a county or counties having at least half of the area of the proposed district, the majority of cities within the proposed district, or by at least SO landowners within the proposed district. Most I • establishment petitions have been submitted by counties, rather than cities or landowners. When a petition is filed, 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. e . i - ► e 1 aw , to r- ' it a . ,lv s- Wa R 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. I What are the advantages of having a Watershed District? • A Watershed District provides a stable mechanism for dealing with water management problems that cross the boundaries of several local governmental jurisdictions. In many instances,the attitudes and approaches taken by local officials vary considerably depending upon their geographic position in the watershed. In many cases, upstream areas are reluctant to admit that their activities are contributing to • problems downstream, or else they are reluctant to voluntarily join in efforts to downstream parties to solve water problems. The watershed district approach has been used in many instances to provide a mechanism for overcoming such upstream- downstream controversies. • Secondly,it provides a Iocal organization that can concentrate its efforts solely on water management. Officials of general purpose local units of government have many other responsibilities to deal with,and therefore,water management often takes a back seat to other local concerns. Water management is also a controversial subject because it necessitates dealing with people's property and how that property is used. It is often difficult for local officials to find support in their own areas for water management activities, when the primary benefits are going to occur in a different area. It is easier for a watershed district board of managers to have a watershed-wide perspective of the problems and solutions, and to devote more of their time to water management efforts. • Finally, the Watershed Act itself is designed specifically as a tool for managing water, and contains procedures and authorities that can facilitate 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:\watershe.wpd • B.W.S.R. �`f t \\, . I \\\\'\) sEp — 3 19_ i f . < i ---- �'� \ � � J., 411'0 -- September 2, 1999 �,.I V lik. Illi Tom Melena — 'i r City Administrator P.O. Box 2007 Oak Park Heights,MN 55082-2007 Dear Sunnybrook Lake Neighbor: Last January,the Managers of the alaillmillaallIMIUM11.1 met with residents of the Sunnybrook Lake community to discuss possible solutions to flooding problems. As a result of the input that we received from you at that meeting,we conducted an in-depth study of three flood-control alternatives. We recently reviewed the completed study and are prepared to recommend one of the alternatives. The preferred alternative involves constructing an outlet from Sunnybrook Lake to Goetschel Pond,constructing outlets from Goetschel Pond and Cloverdale Lake to Downs Lake,and constructing an outlet from Downs Lake to a drainage system downstream of Horseshoe Lake. We would like to meet with you to present a summary of the study and discuss the outlet alternative we prefer as well as the mechanism to fund the project. We have scheduled a meeting for Thursday, September 23,at 7:00 p.m. at the Lake Elmo City Council Chambers, located at 3800 Laverne Avenue North,just north of Highway 5 in downtown Lake Elmo. - Since you are directly affected by the flooding problems of Sunnybrook Lake and will be partially responsible to fund the project,we feel that it is important that you have a voice in selecting the solution to the flooding problems. We encourage you to attend the meeting and share your thoughts and suggestions with us. If you are unable to attend the meeting or would like more information about the outlet alternative being considered,please contact John Hanson at 612-832-2622. Sincerely, � C // Dave Bucheck,President BOARD OF MANAGERS c: Washington County Commissioners DAVE BUCHECK DALE BORASH STEVE FOLEY DAN WINTER LINCOLN FETCHER Ao al VALLEY BRANCH WATERSHED T P.O.DISRICT 838 BOX LAKE ELMO, MINNESOTA 55042-0538 d. MIDDLE S1aROIX RIVER WATERSHO MANAGEMENT ORGANIZATION MEETING MINUTES MAY 13, 1999 MEMBERS PRESENT: Shawn Sanders STILLWATER David Beaudet OAK PARK HEIGHTS John Jansen LAKE ST. CROIX BEACH John McPherson WEST LAKELAND TOWNSHIP Allen Schultz BAYPORT Barbara Ronningen AFTON The meeting was called to order at 7 PM by Chair, John McPherson. MOTION WAS MADE by Beaudet and SECONDED by Schultz to approve the minutes of the November 12, 1998 meeting. MOTION CARRIED. TREASURER'S REPORT In the treasurer's absense, no Treasurer's Report was not submitted. MOTION was made by Beaudet and SECONDED by Schultz to pay the following bills: MOTION CARRIED. Wash. Cty SWCD $24.00 #629 LMCIT 850.00 #630 insurance LMCIT 600.00 #631 "" Wash.Cty. SWCD 16.00 #632 Met Council 860.00 #633 McKusick monitoring Wash.Cty SWCD 672.00 #634 1/2 Monitoring PERRO POND UPDATE: The situation seems to be back to square one. The State Corrections Department does not want to carry the Perro/Prison Pond project on their bonding agenda. "We" may have to present to the legislature again during the upcoming bonding year. Beauet will talk to Corrections Commissioner, Sheryl Ramsted Hvass. LAKELAND INTER-COMMUNITY DRAINAGE ISSUE No report on the drainage study available. The Sports Complex was discussed. McPherson reported that West Lakeland passed a resolution supporting the Sports Complex with some restrictions. Afton is concerned with the location of their well and its probable water draw. As a review body only, the WMO has no jurisdiction over the project. 1999 WORK PLAN AND BUDGET A MOTION was made by Jansen and SECONDED by Schultz that the 1999 workplan • be put on "hold" until completion of the County Water Governance report and that no further administrative monies by assessed for the year. MOTION CARRIED. May 18th is the next Water Governance public hearing for WMO/WD officials before the County Commissioners. • • -2- MOTION WAS MADE BY COBB & SECONDED BY BEAUDET TO HOLD NO JULY MEETING UNLESS CALLED BY THE CHAIR OUT OF NECESSITY. Correspondence was reviewed. Meeting adjourned 8:15PM. NEXT MEETING THURSDAY, SEPTEMBER 9, 1999 7:00 PM BAYPORT CITY HALL AGENDA - SEPT. 9, 1999 1. Approval of minutes of May 13, 1999 2. Treasurer's report and Payment of Bills a) Audit discussion 3. Old Business a) Perro/Prison Pond project b) Sports Complex Update 4. Washington County Governance decision and what the WMO should do next Correspondence Review: 1. From: Twin Cities Metro Area Watershed Network Re: Fall meeting to "foster communication & cooperation between WMO & WDs to better protect & improve our area's water resources. Oct. 7, 1999 League of MN Cities Bldg. 9AM-1 PM 2. From: Mike Noonan, Agent for Marshall Nowlin, Bayport Re: Annual maintenance of small boat harbor inc. dredging 3. From: BWSR Re: New web site and information available for down load 4. From: DNR Re: Boutwells Landing, OPH, project 5. From: 1000 Friends of MN - Greenbelt development in Chisago & Wash Cty Re: Year 2000 project with LCMR funds 6. From: Metro GIS -Washington County lead (Virginia Erdahl, Dep. Admin.) Re: Meeting on proposed Metro GIS services & data provided and participation costs (share) for supporting the Metro GIS consortium. Sept. 16, 1999 Maplewood Community Center 1-4PM , 7^ 1 t 1 t V . Eg �/ E ij f; : II& II;D FEB 231996 NOTICE I .,,, The managers of the Valley Branch Watershed District have cancelled their regular meeting of February 26, 1998. Their next regular meeting will be held March 12, 1998. Board of Managers Valley Branch Watershed District February 13, 1998 ' a ,�, DAVE BUCHECK STEVE FOLEY RAY BRENNER DALE BORASH DAN WINTER a VALLEY BRANCH WATERSHED DISTRICT �Kw ;,� � � �� P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting # 575 Held in the Lake Elmo City Council Chambers Thursday, January 8, 1998 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice Pr s dent; Steve Foley, Secretary; Ray Bre , 9 Daniel Winter, Newly Appointed Manager STAFF PRESENT: Nels Nelson and Al Fandrey, Engineers; Ray Ma •-- rra nn Attorney; and Karen Schultz, Recording Secreta OTHERS PRESENT: Annette Drewes, MnDNR FEB - 91998 CALL TO ORDER Meeting called to order by President Bucheck at 7:09 p.m. ANNOUNCEMENTS President Bucheck introduced Dan Winter, the new manager appointed by the Washington County Board of Commissioners to fill the unexpired term of Tom Novak, which term will end November 13, 1999. APPROVAL OF MINUTES After discussion and correction of the minutes of the December b corrected , 1997 meeting, m ' o on was made by Brenner and seconded by Borash to approve the minutes Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Managers were Disttp,WTreasurer Function; and Legislative Breakfast, February 6, 1998; and under Engineer were g Avenue Connection; and Miscellaneous Items. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. OATH OF OFFICE At this time Attorney Ray Marshall administered the Oath of Office to Dan Winter. PUBLIC FORUM There was no discussion in Public Forum. SECRETARY'S REPORT Manager Brenner had picked up the mail and the mail was distributed during the meeting. TREASURER'S REPORT There was no Treasurer's report presented. The ics accounting managers see nonot yet et made a decision on whether thire outside of Managers.provide the to elect a Treasurer from within the Board ATTORNEY'S REPORT Attorney Ray Marshall said there should be a discussion of the Olson Lake Estates Pond Project claim in Executive Session after the meeting is adjourned. OLD BUSINESS Valley Creek Update Comprehensive Natural Resources Plan Annette preservation and MnDNR, was present to update the managers She distributed information on a tentative work plan to protection of the Valley Creek subwate develop a comprehensive natural resources plan for Valley Creek. She suggested that a VBWD 6 2 manager be selected as liaison for this project. After discussion, motion was made by Brenner and seconded by Foley to appoint Vice President Borash as the VBWD liaison to the Valley Creek Subwatershed Ad Hoc Committee. Motion carried unanimously. BARR ENGINEERING 1007 System Inspection Engineer Fandrey said the written report on the inspection will be completed for the next meeting of the managers. EAW, Manning Avenue Connection The Manning Avenue Connection is a project being considered for Washington County because there is not now a direct road in Washington County from north to south. The watershed district managers have the opportunity to comment on the project. After discussion, it was decided that Secretary Foley and Engineer Nelson will draft the comments, which are due January 28, 1998. Miscellaneous Engineer Fandry said it has been the policy to award a plaque to resigning managers, and offered to have a plaque made and presented to Tom Novak. Engineer Fandry also said that Nels Nelson will attend all future meetings of VBWD until a successor to Jon Lennander is qualified to take over. He then said he will be the engineer working with the Olson Lake Estates Pond Project claim . MANAGERS' REPORT Treasurer Function President Bucheck said three bids were received to provide accounting services to the District. The Tautges, Redpath and Co. bid was $334 a month for approximately four or five hours a month. The bid from Candice Kraemer, a Certified Public Accountant, and a member of the VBWD Citizens Advisory Committee, indicated a $30.00 hourly fee and estimated three or four hours per a month. The third bid was from the City of Lake Elmo, Marilyn Banister, Finance Director, at a cost to the District of$48 per hour. The new manager, Dan Winter, will consider the position of Treasurer before the next meeting on January 22, 1998. Organization for 1998 President Bucheck suggested that the managers postpone the election of Treasurer until the next meeting. Dave Bucheck was nominated for President; Dale Borash was nominated for Vice President; Steve Foley was nominated for Secretary for 1998. Hearing no other nominations, President Bucheck declared the slate of officers for 1998, except for Treasurer, as follows: President Dave Bucheck Vice President Dale Borash Secretary Steve Foley After a unanimous vote in favor of the above nominations for 1998, President Bucheck declared the above officers to be the official slate of officers for 1998. Motion was made by Borash and seconded by Brenner that the Lake Elmo Bank continue as the official bank for the District in 1998. Motion carried unanimously. 4 3 Motion was made by Foley and seconded by Brenner that the Oakdale-Lake Elmo Review and the Ramsey County Review continue as the legal newspapers for the District in 1998. Motion carried unanimously. Legislative Breakfast President Bucheck reminded the managers of the annual legislative breakfast to be held at the Kelly Inn in St. Paul near the State Capitol, on February 6, 1998. Motion was made by Brenner and seconded by Borash that expenses and per diem will be paid for any manager attending the breakfast. Motion carried unanimously. President Bucheck also reminded the managers and staff of the annual holiday party to be held at Ben's Elmo Inn in Lake Elmo on January 24th. Individual reservations will be made. OLD BUSINESS (Cont.) Sunnybrook Lake Area Discussion There was nothing to report on the Sunnybrook Lake area. Bad Debt Response Attorney Marshall said there was nothing to report on the bad debt collection project. Echo Shores Permit-Mahtomedi At the last meeting Attorney Betsy Raleigh had told the managers that John Olinger, City of Mahtomedi, informed her that "things will fall into place" in the Echo Lake easements issue. Attorney Marshall said there has been no word since, and he said he will contact the assistant attorney general about the matter. Amoco/McDonalds Permit Application in Mahtomedi Manager Brenner asked Engineer Nelson to check on a permit application made several months ago to build an Amoco gas station and McDonalds restaurant at the southeast corner of Century Avenue and 60th Street (Long Lake Road) in Mahtomedi. The permit has not been approved by the managers. Engineer Nelson said he will get in touch with the City of Mahtomedi. FUTURE ITEMS Possible Construction of St. Jude's Church There was no report on this item. Palecek Property Flooding Engineer Fandry suggested that it might be wise to get bids now on the project to alleviate the flooding of the Palecek property, instead of waiting until spring. The managers agreed to this. ADJOURNMENT Motion made by Foley and seconded by Brenner at 8:20 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary tt-z' Valley Branch Watershed District Minutes Approved by Managers 01/22/98 VALLEY BRANCH WATERSHED DISTRICT Regular Meeting # 577 February 12, 1998 ' Lake Elmo City Council Chambers ., V, 1 , \ < i i _le AGENDA �� t M 7:00 p.m. 1. CALL TO ORDER � f k► 2. ANNOUNCEMENTS � - Ni 3. APPROVAL OF MEETING MINUTES OF 01/22/9: 4. ADDITIONAL AGENDA ITEMS 5. PUBLIC FORUM 7:15 p.m. 6. REPORTS A. Citizens Advisory Committee 1.Lake Levels w ' . B. Secretary C. Treasurer D. Attorney E. Inspections 7:30 p.m. F. Engineer 1. Olson Lake Estates Pond Project a. Claim for Extra Compensation in OLEP Project 2. EAW - Manning Avenue Connection - Comments Filed 3. Fahlstrom Pond 4. Amoco/McDonald's in Mahtomedi 8:15 p.m. G. Managers 8:30 p.m. 7. OLD BUSINESS A. Sunnybrook Lake Area Discussion B. Valley Creek Update - Comprehensive Natural Resources Plan C. Echo Shores Permit - Mahtomedi 9:00 p.m. 8. NEW BUSINESS 9. FUTURE ITEMS A. Possible Construction of St. Jude's Church B. Palecek Property Flooding - Bids for Project in Spring 1998 9:15 p.m. 10. ADJOURN E @ 12 OWEO 00,4,:,a _ FEB _ 9 / 13 DAVE BUCHECK STEVE FOLEY RAY BRENNER DA E BORASH VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 t.• 1 Y 1 t i ft ki ii i 47January 23, 1998 j illft, .. D CECIL OdC Ms. Sandra K. Cullen Washington County Public Works Department 11660 Myeron Road 3 01998 Stillwater, MN 55082 O ' Re: EAW for Proposed Manning Avenue Extension - City of Lake Elmo and Baytown Township Dear Ms. Cullen: At their January 22, 1998 meeting the Managers of Valley Branch Watershed District reviewed the EAW for the proposed Manning Avenue extension project and offer the following comments: General The Managers believe that the No-Build alternative is the appropriate alternative selected by the County. It is our understanding that the No-Build alternative is a that the be preferred by both the City of Lake Elmo and Baytown Townshious also alternativesBuild hs o all result in negative impacts on the water resources of the Valley BranchWatershed. s negative impacts include, but are not limited to, adverse impacts on Goetschel Pond, Lake McDonald, Cloverdale Lake , and other areas of the watershed. The Managers note thatrior District studies relating to the potential impact of the proposed annexation and subsequent development of portions of Baytown Township by the City of Oak Park Heights assumed that the current road system would remain as it is today. In the event that any of the Build alternatives were to be selected, the Managers would need to re-examine the potential adverse impact of the proposed annexation by Oak Park Heights. Specific Comments 8. Permits and Approvals Required Table 1 includes Valley Branch Watershed District as having ough role as Local Governmental Unit for the Minnesota Wetland Conservation Act. tIIt should its also note that the Watershed District has its own permit program for a variety of projects affecting the waters resources of the District. Alternatives 1, 2 and 3 will require a Watershed District permit. w. DAVE BUCHECK STEVE FOLEY RAY BRENNER DALE BORASH TOM NOVAK VALLEY BRANCH WATERSHED DISTRICT ,. a P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 ‘i Ms. Sandra K. Cullen January 23, 1998 Page 2 11(b) Endangered, Threatened or Special-Concern Species The analysis of impacts of highway construction on potential Blanding's turtle habitat states that mitigative measures could be implemented to preserve habitat, despite roadway construction. This evaluation does not address the indirect impacts of construction. The roadway is envisioned as the `backbone in the County's transportation system plan (EAW p. 3) with 6,000 average daily trips. The construction of a high-volume urban highway intersecting the Highway 36 corridor will likely induce additional highway development, comparable to the T.H. 5/T.H. 36 intersection. Such indirect impacts would make these mitigative measures meaningless. 12. Physical Impacts on Water Resources All three Build alternatives lie partially or completely within the Goetschel Ponds subwatershed. These ponds are landlocked and subject to large water level fluctuations with changing climatic conditions. Because of the lack of an outlet the water levels may persist for long periods. The Clear Lakety of the and otherlood level is landlocked lakes further the possibility of overflow from further to the north. Adding large amounts of impervious surface will increase these fluctuations and raise calculated water levels. Alternative 2 would encroach on the floodplain of both North and South Goetschel Ponds. The minimum roadway elevation is not described in the EAW. A risk assessment should be conducted but, at a minimum, the roadway would have to be elevated to 2 feet above the 100-year flood level.. The normal level of the north pond is Elevation 891.6 while the flood level is to be Elevation 908. The roadway of Alternative 2 would need to be about 20 feet above the normal water level. A limited amount of fill within the waters of the District is permitted by District rules. However, the loss of 87.1 acre-feet of storage would have to be compensated for by excavation of Goetschel ponds or by provision of retention storage of similar hydrologic character (i.e., long-term capacity for infiltration and/or evaporation). 18. Water Quality—Surface Water Runoff Two of the Districts' water quality goals for Goetschel Ponds are preservation of uses for aesthetic viewing and wildlife habitat. The impacts of roadway construction have not been quantified; almost certainly they would include increased nutrient loading to the ponds, even with partial mitigation by stormwater retention ponds. These impacts should be listed in Table 11. Conclusion In light of the characteristics of the watershed in this area, the managers believe that each proposed Build alternative would negatively impact the watershed. Goetschel Ponds area is currently one of the primary receptors of surface water drainage for the involved area. The Build alternatives all threaten the viability of Goetschel Ponds as aesthetic and wildlife resources. The Ms.Sandra K. Cullen January 23, 1998 Page 3 Each of the proposed Build alternatives also negatively impacts other wetland areas. The Managers believe these impacts would further impair the District's ability to properly manage surface water movement in the area. In addition, the increased area of impervious surface created as a result of each Build alternative further magnifies the problem as it will increase the amount of runoff, as well as increase the potential for water pollution from runoff water contaminated by the petroleum by-products associated with motor vehicles. In view of the real and substantial negative impacts to the watershed resulting from the various Build alternatives, the Managers strongly urges the Washington County Board to adopt the No- Build alternative for this project. Sincerely, David J. Bucheck, President Board of Managers Valley Branch Watershed District NPN/ymh c: Browns' Creek Watershed Board of Managers Engineer for Valley Branch Watershed District 2382016\56534-1 Enclosure 12 VALLEY BRANCH WATERSHED DISTRICT Regular Meeting # 575 January 8, 1998 i Lake Elmo City Council Chambers AGENDA ' )j) , 7:00 p.m. 1. CALL TO ORDERilt" , :-t � � i. 2. ANNOUNCEMENTS - rt 3. APPROVAL OF MEETING MINUTES OF 12/11/97 .......\ •s r 4. ADDITIONAL AGENDA ITEMS 5. PUBLIC FORUM 7:15 p.m. 6. REPORTS A. Secreta U c © E OW , , i ilij B. Treasurer JIM C. Attorney 7:30 p.m. D. Engineer 1. Olson Lake Estates Pond Project a. Claim for Extra Compensation in OLEP Project 2. 1007 System Inspection Completed a. Written Report 8:00 p.m. E. Managers 1. Organization for 1998 Election of Officers Selection of Bank and Legal Newspaper 8:20 p.m. 7. OLD BUSINESS A. Sunnybrook Lake Area Discussion B. Bad Debt Response-Attorney Raleigh C. Valley Creek Update - Comprehensive Natural Resources Plan D. Echo Shores Permit- Mahtomedi 8:45 p.m. 8. NEW BUSINESS 9. FUTURE ITEMS A. Possible Construction of St. Jude's Church B. Palecek Property Flooding- Bids for Project in Spring 1998 9:00 p.m. 10. ADJOURN Ali DAVE BUCHECK STEVE FOLEY RAY BRENNER VALLEY BRANCH WATERSHED DISTRICT DALE BORASH P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 VALLEY BRANCH WATERSHED DISTRICT APPROVED MINUTES Minutes of Regular Meeting # 573 Held in the Lake Elmo City Council Chambers Thursday, November 13, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Steve Foley, Secretary; and Ray Brenner, Manager MANAGER ABSENT: Tom Novak, Treasurer STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Bob Schunicht, Engineer, City of Oak Park Heights CALL TO ORDER Meeting called to order by President Bucheck at 7:06 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the October 23, 1997 meeting, motion was made by Borash and seconded by Brenner to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering was: Annexation of Baytown Township;and under Managers were Bids for Treasurer's Duties; and Indian Hills Pumping Contract. PUBLIC FORUM There was no discussion in Public Forum. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. BARR ENGINEERING Baytown Township Annexation as Part of Oak Park Heights Engineer Lennander distributed copies of his report on the effects of a proposed annexation plan for a portion of Baytown Township to be developed as a part of Oak Park Heights. The report indicates that the proposed annexation plan will impact the water levels in Cloverdale and McDonald Lakes and Goetschel Pond, but it is not expected to increase the problems of these lakes beyond the current situation. The report also indicated that a large portion of the annexation area is presently drained to Browns Creek. In the report Engineer Lennander recommended 1) that the managers begin negotiations.with Browns Creek Watershed District to change the hydrologic boundaries of the District on a permanent basis; 2) that the area draining to Cloverdale/McDonald Lakes should be redirected to Goetschel Pond; and 3) that the managers begin planning the construction of an outlet system for the landlocked lakes in the upper portions of the watershed before possible development begins. After discussion of the report, the managers thanked Engineer Lennander for providing the report, and said it will be helpful in making the right decision. 2 Olson Lake Estates Pond Project Engineer Lennander reported that the contractor, Carl Bolander and Sons, has not completed the work requested by the District, to finish the Olson Lake Estates Pond Project. The managers asked Engineer Lennander to contact the residents in the area who have restored their property to the original condition before the project was started, and ask them what they have spent to do that, and also to contact those residents who have made claims for restoration, to find out the estimated cost of the restoration. This would give the managers an idea of the amount of money that could be withheld from the contractor because the project was not completed. The managers also asked for a list of items from Engineer Lennander that remain to be done on the project. 1007 System Inspection Engineer Lennander said the annual inspection of the 1007 System has been completed, but that he has not made the written report. He said things are in good shape, butte recommended that the managers have the system cleaned of logs and other debris. He said a number of the channels are getting overgrown with small trees and things. SECRETARY'S REPORT Secretary Foley had not picked up the mail. There was no report. TREASURER'S REPORT Treasurer Novak was absent, but had delivered a Treasurer's report to the Recording Secretary. However, the Recording Secretary did not take the report to the meeting. There were no receipts in the report and only one disbursement. The managers will act on the Treasurer's report at the meeting on December 11, 1997. ATTORNEY'S REPORT Attorney Ray Marshall said that money has been recovered from one of the bad debt accounts, and another's court hearing has been rescheduled to Ramsey County. MANAGERS' REPORT Bids for Treasurer's Duties Manager Brenner distributed information on bids he had received for performing the financial duties of the District instead of electing a Treasurer on the Board of Managers. Treasurer Novak has resigned from the Board of Managers, and will attend his last meeting in December. At the last meeting the managers discussed getting the treasurer's duties done by an outside person. Manager Brenner had received a bid for $334 a month from Tautges, Redpath & Co., Ltd. Manager Brenner said he has requested bids from other agencies, also. The managers discussed hiring an employee of the City of Lake Elmo to do the financial work. Treasurer Brenner will contact the City Administrator about it and the managers will discuss it at the next meeting, when they have their Organization meeting for the next year. Indian Hills Pumping Contract Manager Brenner said he has not been able to talk with Mike Regan yet, to find out who is in charge of the pumping at Indian Hills Golf Course. Approval of Contract with Auditor for 1998 Manager Brenner had a letter from Tautges, Redpath &Co., Ltd., describing the services as auditor for the District in 1998. Motion was made by Foley and seconded by Brenner to contract with Tautges, Redpath & Co., Ltd., for an amount not to exceed $5,550 for the 1998 calendar year's audit. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Lennander said he had visited with the son-in-law of Mrs. Drusch, in the Sunnybrook Lake area, concerning the flooding in the area. He said that Mrs. Drusch would have no problem with the District if pipes, and not.ditches, were used to carry floodwater from the area. A culvert would need to be moved, or the outlet would need to be 3 lowered. This would still be only a temporary solution. Engineer Lennander suggested that the managers wait until the overall study is completed before any decision is made. Bad Debt Response Attorney Raleigh told the managers that of the two hearings scheduled for November 4, 1997, one was paid prior to the hearing, and the other was dismissed and will be rescheduled in Ramsey County. Valley Creek Update Engineer Lennander said he attended a meeting on November 12, 1997, at the Belwin Foundation concerning Valley Creek. He said more citizens have gotten involved with the concern. He said the group is still intending to ask for funds from the Valley Branch Watershed District. He said sometime in the near future a presentation will be made to the managers by the people involved in the Belwin Foundation. Echo Shores Permit- Mahtomedi - Attorney Ray Marshall said that the City of Mahtomedi has met with someone in the State Attorney General's office concerning the Echo Lake easements. He said he had asked the City of Mahtomedi to contact the managers about this meeting, but no one has heard from the City. Attorney Marshall will keep the managers informed. Possible Construction of St. Jude's Church Engineer Lennander said he has received no new information on the possible construction of St. Jude's Catholic Church in the Sunnybrook Lake area. ADJOURNMENT Motion made by Borash and seconded by Brenner at 9:02 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 12111/97 • VALLEY BRANCH WATERSHED DISTRICT Regular Meeting # 576 January 22, 1998 I CT Elmo City Council Chambers r AGENDA ri 7:00 p.m. 1. CALL TO ORDERI �ri 2. ANNOUNCEMENTS �. ' ��� I 3. APPROVAL OF MEETING MINUTES OF 01/08/98 4. ADDITIONAL AGENDA ITEMS 5. PUBLIC FORUM 7:15 p.m. 6. REPORTS A. Citizens Advisory Committee 1. Lake Levels © f n rr 7 2 B. Secretary D L/ L5 C. Treasurer D. Attorney ` 2 11998 E. Inspections �f' 7:30 p.m. F. Engineer 1. Olson Lake Estates Pond Project a. Claim for Extra Compensation in OLEP Project 2. 1007 System Inspection Completed a. Written Report 3. EAW - Manning Avenue Connection 4. Amoco/McDonald's in Mahtomedi 8:15 p.m. G. Managers 1. Treasurer Function 8:30 p.m. 7. OLD BUSINESS A. Sunnybrook Lake Area Discussion B. Bad Debt Response - Attorney Raleigh C. Valley Creek Update - Comprehensive Natural Resources Plan D. Echo Shores Permit- Mahtomedi 9:00 p.m. 8. NEW BUSINESS 9. FUTURE ITEMS A. Possible Construction of St. Jude's Church B. Palecek Property Flooding - Bids for Project in Spring 1998 9:15 p.m. 10. ADJOURN Am arpDAVE BUCHECK STEVE FOLEYRAY BRENNER DALE BORASH i VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 VALLEY BRANCH WATERSHED DISTRICT APPROVED Minutes of Regular Meeting # 574 Held in the MINUTES Lake Elmo City Council Chambers Thursday, December 11, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Jon Lennander, Engineer; Betsy Raleigh, Attorney; Dale Eklin, Inspector; and Karen Schultz, Recording Secretary OTHERS PRESENT: Candice Kraemer, Chuck Taylor, CAC; Matt Moore, BWSR; Annette Drewes, MnDNR; Al Fandrey, Barr Engineering CALL TO ORDER Meeting called to order by President Bucheck at 7:05 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the November 13 meeting, motion was made b Brenner and seconded b B , 1997 y Motion carried unanimously. yorash to a pprove the minutes as corrected. ADDITIONAL AGENDA ITEMS Added to the agenda under Managers were and District Bookkeeping Bids. 9 Browns Creek Meeting; PUBLIC FORUM There was no discussion in Public Forum. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor had mailed managers a report on the current lake levels in the District. The managers discussed th to the e report. SECRETARY'S REPORT Secretary Foley was absent. Manager Brenner had picked u the mail the post office. The mail was distributed. p from CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda at this time. g items INSPECTOR'S REPORT Inspector Eklin discussed the inspections he has made He had mailed a report of his activities to the managers covering January through s last report. gNovember 1997. ATTORNEY'S REPORT Attorney Betsy Raleigh said her report concerns the bad debt response Echo Shores, and will report on those issues later in the meeting. , and • TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's Report: 2 Receipts Washington County Taxes $ 390,618.33 Ramsey County Taxes 14,288.30 Patrick Kruse - Balance owed on Permit 225.00 Disbursements Dale Eklin - Inspection Jan 97 - Nov 97 $ 1,299.68 Tautges, Redpath & Co. 97.00 ICS Agency 1,650.00 Lawson, Marshall, McDonald Law Firm - through 11/30/97 1,042.08 (Olson Lake Estates Pond Project $565.08) (General Account through 11/30/97 - $477.00) Tom Novak - 4th Qtr. Per Diem 244.44 Dale Borash - 4th Qtr. Per Diem and Expenses 505.80 Ray Brenner- 4th Qtr. Per Diem and Expenses 201.98 Dave Bucheck - 4th Qtr. Per Diem and Expenses 576.08 Karen Schultz - Expenses through 12/11/97 325.30 Karen Schultz - 4th Qtr. Secretarial Services 707.86 Bolander Construction 27,091.86 Indian Hills Golf Course 975.00 Lillie Suburban Newspapers 124.32 Motion made by Novak and seconded by Borash to accept the Treasurer's report. Motion carried unanimously. ENGINEER JON LENNANDER'S LAST MEETING Engineer Lennander announced that he will be leaving the Barr Engineering Co., and that this would be his last meeting as VBWD Engineer. Al Fandrey, with Barr Engineering, was present, and told the managers that the VBWD is a valued client of Barr Engineering's, and that he and another Barr Engineering employee, such as Nels Nelson, will attend the future VBWD meetings, and will personally work with the managers in the selection of an engineer to work with VBWD. He also said that he may be able to tell the managers at the next meeting the name of the individual who could replace Jon Lennander. Mr. Fandrey said the managers, of course, would be in on the decision of choosing the engineer. President Bucheck said that it would be good to be able to interview more than one candidate. Manager Brenner said next year will be a critical year for VBWD. He recommended that an engineer familiar with VBWD, someone like Nels Nelson, should begin immediately to work with the managers and the other engineer during the learning period. Al Fandrey agreed that an officer of Barr Engineering, a senior person at Barr, would attend the VBWD meetings for a few months as an individual is selected. He said he was at the meeting to start that tonight. President Bucheck said he is pleased to see that Barr Engineering will stand behind VBWD. OLD BUSINESS Valley Creek Update Com 3 prehensive Natural Resources Plan Annette Drewes, MnDNR; and Matt Moore, BWSR; were present to brief the They distributed a paper explaining the Creek's background managers thearea the csovered of Valleye Creek. g and and covered by the Creek. In discussion with the managers, Matt Moore and Annette formed consisting of representatives of communities Drewes recommendedshethat a committee that committee should be to developand watershed districts. The intent of that nary in the VBWD Watershed Management Plan.goals for the sub-watershed and build on those identified President Bucheck and the managers agreed that a subwatershed Matt Moore and Annette Drewes said theywill bl keep the advisory committee should be MANAGERS' REPORT 1997 MAWp keep the managers informed. Vice reported that the AnnualMMeeting eeti g Report by Delegates Vice Presidenting seminar Borash concernedetheeRed River Valleyflooding g goodPresident Bucheck and al meeting was a meeting. The most interresolutions discussed. odmg of last Spring. There were no state-wide Resignation of Treasurer Tom Novak Tom Novak had end of the calendar previously informed the managers that he would be resigning as manager at the attend as manager. year. This meeting is his last meeting to Organization for 1998 The managers agreed to table this item until the next meeting when all managers are present. Browns Creek Meeting ice President Borash said he had Browns Creek Watershed District. i He said there are attended a such as homes Watershed ed i They have he funds right now meeting dealtf w tthe recently formed a lot of os problems to be The District in that getting et ing assistance from the Washington SWCD technicians. 9 to use for projects. is getting Discussion on Bids for District Bookkeeping President Bucheck said had talked with the City of Lake Elmo about bookkeeping duties for the District, but hasn't He said he has also discussed it with Candice Kraeme r, who is on theeVBWp Citizeefrom them. Committee. She is a Certified Public Accountant. heard backpersonnel ns Advisory Candice told the managers that she would need to know the duties andthe before she commits to the job. The managers agreed that a job description should be written for the Treasurer's position. The managers will wait until the next meeting to make a decision on the bookkeeping work. OLD BUSINESS (Cont.) Sunnybrook Lake Area Discussion The managers asked Candice Kraemer if there is any change in the Sunnybrook Lake area.frozen now. She answered no, and said everything Bad Debt Response Attorney Raleigh told the managers that money has a of the parties who owes the District money for a past permit. g owes money to the District. Mr. Patrick Kruse paid d $$ received 225.00 anddno Ion from oneer 9 4 Echo Shores Permit-Mahtomedi Attorney Betsy Raleigh told the managers that she had talked with John Olinger, City of Mahtomedi, about the Echo Lake easements. John Olinger said he has met with someone in the State Attorney General's office concerning the Echo Lake easements. He told her that he thinks things will fall into place. FUTURE ITEMS Possible Construction of St. Jude's Church Engineer Lennander said he has received no new information on the possible construction of St. Jude's Catholic Church in the Sunnybrook Lake area. Palecek Property Flooding President Bucheck said he talked with Jim Palecek and told him that the managers decided to wait until Spring to get bids on a project to alleviate the flooding of his property. BARR ENGINEERING Olson Lake Estates Pond Project President Bucheck asked Engineer Lennander about the remaining work to be done by the contractor, as requested by the District to finish the Olson Lake Estates Pond Project. Engineer Lennander said the work has not been completely finished, but suggested that the managers pay the contractor the money owed. After further discussion, motion was made by Bucheck and seconded by Borash to pay $27,091.86 to Bolander, which is the return of retainage for substantial completion of the Olson Lake Estates Pond Project. Motion carried unanimously. 1007 System Inspection Engineer Lennander said that he has not yet made the written report of the inspection of the 1007 System. THANK YOU TO RETIRING MANAGER AND RESIGNING ENGINEER President Bucheck and the managers joined in thanking Engineer Lennander and Treasurer Novak for their time and dedication to the VBWD. Engineer Lennander and Treasurer Novak both said they had enjoyed working with the managers. ADJOURNMENT Motion made by Brenner and seconded by Borash at 8:45 p.m. to adjourn the meeting. Motion carried unanimously. Res ectfully Submitted, Steve Foley, Secretary f� Valley Branch Watershed District Minutes Approved by Managers 01/08/98 �y�`'�+T._ 6 WASHINGTON COUNTY OUNTY ....i__,_,.. 154./e.,/�� BOARD OF COMMISSIONERS District, `� Dennis C.Hegbe� GOVERNMENT '� 14900 61ST STREET NORTH • CENTER PROGpEs 612-430-6000 STILLWATER, Mary Hauser MINNESOTA 55082-0006 District2 Facsimile Machine 612-430-6017 Wally Abrahamson District 3 • (� ��j f Myra Peterson D LE © i � a V l r� District 4/Chair f '' Dave Engstro,n December 23, 1997District s DECOEC 2 a _997 Mr. Daniel Winter 354 Dunbar Knoll Mahtomedi, MN 55115 Dear Mr. Winter: It is my pleasure to inform Board of Comoro in Commissioners you u that at its meeting of December 23, 1997, the Washington Board of to fill a ppointed you to the ValleyBranchg County partial Watershed District Board of term through November 13, 1999. Watershed district meetings are held the second additional. information and fourth Thursdays of each month. you may wish to contact David Bucheck, president, ValleyFor Watershed inform at 733-9791. Branch We appreciate your willingness to serve on this important Watershed district position on behalf of Washington County. Sincerely, rn` - Myra Peterson, Chair Washington County Board of Commissioners /pr cc: Molly O'Rourke, Auditor-Treasurer's Office Board of Water and Soil Resources David Bucheck, President, Valle Branch ranch Watershed District City Clerks within Valley Branch Watershed District Karen Schultz, Recording Secretary, Valley Branch Watershed 'it'd..Rearilled Pftser EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION IL is IS. r VALLEY BRANCH WATERSHED DISTRICT Regular Meeting # 574 December 11, 1997 ' I Lake Elmo City Council Chambers .04 I1��� AGENDA L 7:00 p.m. 1. CALL TO ORDER ��' Pi* rt 2. ANNOUNCEMENTS -s 3. APPROVAL OF MEETING MINUTES OF 11/13/97 4. ADDITIONAL AGENDA ITEMS 5. PUBLIC FORUM 7:15 p.m. 6. REPORTS Q OWE !I� A. Citizens Advisory Committee 1. Lake Levelsiii\c r • 9 B. Secretary C. Treasurer D. Attorney E. Inspector 7:45 p.m. F. Engineering 1. Olson Lake Estates Pond Project a. Claim for Extra Compensation in OLEP Project 2. 1007 System Inspection Completed 8:00 p.m. G. Managers 1. 1997 MAWD Annual Meeting Report by Delegates 2. Organization for 1998 Election of Officers Selection of Bank and Legal Newspaper 8:30 p.m. 7. OLD BUSINESS A. Sunnybrook Lake Area Discussion B. Bad Debt Response - Attorney Raleigh C. Valley Creek Update - Comprehensive Natural Resources Plan - Matt Moore, BWSR; Annette Drews, MnDNR D. Echo Shores Permit - Mahtomedi 9:00 p.m. 8. NEW BUSINESS 9. FUTURE ITEMS A. Possible Construction of St. Jude's Church B. Palecek Property Flooding- Bids for Project in Spring 1998 9:15 p.m. 10. ADJOURN DAVE BUCHECK STEVE FOLEY RAY BRENNER DALE BORASH TOM NOVAK VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 Enclosure 10 sv 4\: , 1 'I 1 ;r % ; i j f, * '- NOV I g 1997 I � ' V /Tit II/../' NOTICE The managers of the Valley Branch Watershed cancelled their regular meetings District have December 25, 1997. g November 27, 1997, and of Their next meeting is December 11, 1997, and in 1998 will be on January 8, 1998. their first meeting Have a Wonderful Holiday Season. Board of Managers Valley Branch Watershed District November 14, 1997 AllDAVE BUCHECK STEVE FOLEY RAY BRENNER DALE BORASH VALLEY BRANCH WATERSHED DISTRICT TOM NOVAK P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 VALLEY BRANCH WATERSHED DISTRICT APPROVED Minutes of Regular Meeting #572 Held in the MINUTES Lake Elmo City Council Chambers Thursday, October 23, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Bora Secreta sh, Vice President; Steve Foley, and Ray Brenner, Manager MANAGER ABSENT: ry;Tom Novak, Treasurer STAFF PRESENT: Jon Lennander, Engineer; Betsy Raleigh, Attorney; DalloEklin, Inspector; and Karen Schultz, Recordi None ng Secretary OTHERS PRESENT: CALL TO ORDER Meeting called to order by President Bucheck at 7:07 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the meeting, motion was made by Borash and seconded by Foley to a minutes of the October 9, 1997 approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering was: Annexation Discussion; and under Managers were Per Diem Survey; MAW Box Keys; and Cancellation of Meetings. y D 1997 Annual Meeting; Post Office PUBLIC FORUM Candice Kraemer, Citizens Advisory Commie managers that she had been appointed to the City of Grant's Planning Co was present. She told the SECRETARY'S REPORT Secretary Foley presented Commission. last report. In the mail was a confirmation from Washington County ofrepoon the mail received since the a term of three years, term expiring November 14, 2000. of Dale Borash's reappointment to TREASURER'S REPORT Treasurer Novak was absent, but had delivered Recording Secretary. Copies of the following Treasurer's report were a Treasurer's report ro the P distributed to the managers: Disbursements Lawson, Marshall, McDonald & Galowitz, General Account, $584 Olson Lake, $480 Check#2349 $ Barr Engineering, Services 08/30/97 - 09/26/97 - Check#2350 1,064.00 13,256.71 Receipts Brockbergs Farm Subdivision, Permit# 97-19, Permit Fee - Check Moi $ 500.00 on made by Brenner and seconded by Borash to accept the T unanimously. rea surer's report. Motion carried ATTORNEY'S REPORT Attorney Betsy Raleigh said that she District's Administrative Budget for 1998 ready for the President Vicede Resolution confer the document was signed at that time. and President's signatures. The 2 INSPECTOR'S REPORT Inspector Dale Eklin reported on his activities since his last report in September. BARR ENGINEERING Olson Lake Estates Pond Project Engineer Lennander reported that the contractor, Carl Bolander and Sons, has not completed the work requested by the District, to finish the Olson Lake Estates Pond Project. Brockbergs Farm -City of Grant-Permit#97-19 Engineer Lennander described a project located north of 68th Street and east of Jamaca Avenue in the northwest quarter of the northwest quarter of Section 34, Township 30 North, Range 21 West, Washington County in the City of Grant. The proposed project is a major subdivision in the City of Grant creating three residential lots from a 31-acre parcel. The existing home on the property proposed to be changed at this time. Two new homes located are p opo ed or he c ea edrth, and not development. newly ted lots in this After discussion of wetland protection concerns, water management concerns, and ero concerns, motion was made by Foley and seconded b Borash to a sion control engineer's suggested conditions of approval. y pprove Permit# 97-19 with the Motion carried unanimously. Baytown Township Annexation Secretary Foley explained to the managers that a hearing will be held in November to determine whether the Township of Baytown will be annexed to the City of Oak Park Heights or the City of Lake Elmo. He said that if the township is annexed to the City of Oak Park Heights, the land will be densely developed, according to the City of Oak Park Heights Management Plan. He suggested to the managers that a study be done to learn the impact on the watershed if this development would take place. The managers agreed that it is important that the information is presented at the hearing in November. Motion was made by Foley and seconded by Brenner to authorize Barr Engineering to do a small study of the effect of the proposed annexation of approximately 235 acres of Baytown Township to the City of Oak Park Heights and the effect on the watershed of the possible urbanization of that area. Motion carried unanimously. The hearing is to be held November 20, 1997. Engineer Lennander will try to have the study com leted for the November 13th meeting, and copies sent earlier to the managers. p District's Water Management Plan At the last meeting the managers discussed with Engineer Lennander the need for more copies to be made of the District's Water Management Plan. Engineer Lennander said that no copies of the Plan were placed in the libraries in the District. After di motion was made by Foley and seconded by Borash authorizing Barr Engineer to produce 10 copes of the Plan, to place copies of the Plan in the Lake Elmo Library, and the North St. Paul Library, and make the rest of the Plans available for distribution to anyone needing it, at a cost of$125 each, plus shipping and handling costs. Upon vote, motion carried four to one, with Bucheck, Borash, and Fole voting Yes, and Brenner voting No. y MANAGERS' REPORT Per Diem Survey President Bucheck had received a Per Diem Survey to be completed by the managers and returned to Cliff Aichinger, Administrator for the Ramsey- Washington Metro Watershed District. The completed surveys will be discussed at the MAWD annual meeting in December. The survey will cover several aspects of managers' per diem. President Bucheck will complete the survey and mail it. MAWp Annual Meeting The managers discussed the delegates3 annual meeting on December 4th, 5th and 6th. President Bucheck to be appointed attend as delegates, and Manager Brenner will Pn to Vicrtident the MAWD ucs an Vice President Borash will attend as an alternate if necessary. Mail Pick Up and Handler of Keys Y Manager Brenner will hold the extra set of keys forth District file cabinets, and also the Post Office Box. He will to do so. pick up the mail when the Secretaryis locked unable Cancellation of Meetings C 27, 1997 nd oQn w � made by Brenner and seconded by Borash that of Novembered unanimously. 251997 will be cancelled because of the holidays. tion Motion OLD BUSINESS Sunnybrook Lake Area Discussion lake is higher than usual for this time of year. She suggested Candice Kraemer told thet shld managers that the discuss the excavation of a�berm on the Drusch that anotherer Lennander attempt should b will montact Candice next week and they will trych grope rts Engineer said he contact to visit with Mrs. Drusch. Candice also said that when th gets high and the pumping at Indian Hills Golf Course begins, be pumped fast enough. Manager Brenner said he willg ns, it is too late because the water cannot water Indian Hills Golf Course, now that Mike Regan is no longercannot ind out who isin charge co rs the pumping at managing that golf course. Bad Debt Response Attorney Raleighsaid she will attend a hearing on November 4, 1997 regarding the two claims that have been scheduled to be heard. Valley Creek Update Engineer Lennander said a meeting is scheduled to be held November 12, 1997, at Belwin Foundation concerning Valley Creek. He will attend that meeting. Echo Shores Permit -Echo arrange a Mahtomedi - Attorney Betsy Raleigh said that Attorney meeting with the personnel in the State Attorney General's around Echo Lake. office to discuss the easemenll ts around FUTURE ITEMS Palecek personally, even though ecek Property Engineere P rty Flooding President Bucheck said he will contact Mr. decision to wait until Spring of 1998 tds onnt eer r has informed Mr. Palecek of the managers' Possible Construction of St. project. Jude'ss Church Engineer Lennander said he has received information on the possible construction of St. Jude's Catholic Church forward copies to the managers. h in the Sunnybrook Lake area, and will ADJOURNMENT Min made by Foley and seconded by Brenner at 8:50 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 11/13/97 VALLEY BRANCH WATERSHED DISTRICT et Regular Meeting # 573 November 13, 1997 I Lake Elmo City Council Chambers " .r� AGENDA "1311 r irk r� 7:00 p.m. 1. CALL TO ORDER – .,1 2. ANNOUNCEMENTS 3. APPROVAL OF MEETING MINUTES OF 10/23/97 4. ADDITIONAL AGENDA ITEMS 5. PUBLIC FORUM 7:15 p.m. 6. REPORTS A. Citizens Advisory Committee 1. Lake Levels B. Secretary C. Treasurer D. Attorneyhol , O ow E. Inspector - — 7:30 p.m. F. Engineering 1. Olson Lake Estates Pond Project a,. Claim for Extra Compensation in OLEP Project 2.1007 System Inspection 8:00 p.m. G. Managers 1. 1997 MAWD Annual Meeting Delegates 2. Organization for 1998 - December 11, 1997 Meeting 7. OLD BUSINESS A. Sunnybrook Lake Area Discussion B. Bad Debt Response- Attorney Raleigh C. Valley Creek Update - Comprehensive Natural Resources Plan D. Echo Shores Permit - Mahtomedi 8:30 p.m. 8. NEW BUSINESS 9. FUTURE ITEMS A. Possible Construction of St. Jude's Church B. Palecek Property Flooding - Bids for Project in Spring 1998 9:00 p.m. 10. ADJOURN DAVE BUCHECK STEVE FOLEY RAY BRENNER DALE BORASH TOM NOVAK VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 } APPROVEL VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting#560 Held in the I Lake Elmo City Council Chambers I' i 0��! �r Thursday, April 10, 1997 �� MAY - 51997 MANAGERS PRESENT: Dave Bucheck, President; Dale Tom Novak, Treasurer; andBorash, Vice President; Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Randy Peterson, Engineer; Ray Dale Eklin, Inspector; and Karen Schultz, Attorney' ' Recording Secretary OTHERS PRESENT: Don Shaffer, Oak Park Ponds; Annette Drowse, Metro Region Trout Stream Watershed Coordinator CALL TO ORDER A4eeting called to order by P neS1dent Bucheck at 7:01 p.m. ANNOUNCEMENTS There were no annou ncements. APPROVAL OF MINUTES After discussion of unanim made by Novak and by Borash to approe the minutes of theManch 26, 1997 meeting, was minutas as corrected. Motion carried ADDITIONAL AGENDA ITEMS There were no agenda items PUBLIC FORUM No one was present for added public forum discussion. CITIZENS ADVISORY COMMITTEE Lake Level R on the current lake levels in the District and the Readings Chuck Taylor Wagers discussed the ed to the managers CHANGE IN ORDER OF AGENDA ITEMS pmt at this time. Buctieck authorized the moving of agenda items TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Oak Park Ponds - Permit#97-4 (Escrow) $ 6,880.00 Claims FICA- First Quarter 1997 Press Publications - Mtg. #459 Date and Location $ 491.14 Lillie Suburban Newspaper- Lake Level Drawdown Change 0.19 MAWD Dues 1997 Report 110.19 Karen Schultz- Expenses 02-14 - 04-10-97 2000.00 Molf4a made by Novak and 224.86 unanimously, seconded by Brenner to accept the Treasurer's report. Motion carried 2 INSPECTIONS Inspector Dale Eklin reported that he will be checking on the outlet structures in the District and will report to Engineer Peterson if there are any problems. OLD BUSINESS Sunnybrook Lake Area Discussion Manager Brenner said he had driven through the area of Sunnybrook Lake and found that the water is three or four feet from overflowing the road. Engineer Peterson said that Mike Regan has started pumping. Engineer Peterson had sent a letter to all Sunnybrook Lake area residents updating them on the flooding situation in the Sunnybrook Lake area. Copies of the letter were sent to the City of Grant, and Mike Regan, also. SECRETARY'S REPORT Secretary Foley was not present, but had picked up the mail and given it to Attorney Marshall. Attorney Ray Marshall verbally reported the mail received since the last meeting. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall reported that he has not yet met with Engineer Peterson and Treasurer Novak to review the bad debts situation. He asked Treasurer Novak to review the records for information on payments for several of the bad debts. BARR ENGINEERING Oak Park Ponds-New Permit Engineer Peterson presented information on a project located immediately north of the Stillwater Area High School, south of the existing Ford Dealership near the southeast corner of Highway 5 and Highway 36. It is located in the northeast quarter of Section 6, Township 29 North, Range 21 West. Don Shaffer, representing the developer, was present to discuss the permit application with the managers. The applicant is proposing to develop the 22-acre commercial site into a major grocery store, restaurant, and some retail shopping. Commercial development for this area is in agreement with the City of Oak Park Heights land use plan and Annexation Area Surface Water Management Plan. Included at this site are three buildings and their related parking areas, and three storm water ponding areas. Stormwater drainage on the site will be directed to three different ponding basins before discharging to the existing 58th Street and MnDOT frontage road storm sewer system. Engineer Peterson noted in his report on the proposed project that one of the water management concerns associated with this site is its long term effect on the level and frequency of fluctuation of Cloverdale Lake. The managers asked Don Shaffer if the plans could be changed to include dry ponds for water storage because of the potential flooding of Cloverdale and McDonald Lakes. Mr. Shaffer said he didn't think the City of Oak Park Heights would agree to that. After further discussion, motion was made by Bucheck and seconded by Brenner to table this permit application to allow time for the President to contact the Mayor of the City of Oak Park Heights concerning the issue. Motion carried unanimously. The managers asked Mr. Shaffer to attend the managers' next meeting, which is on April 24, 1997. Judith Mary Manor- New Permit#97-5 Engineer Peterson presented information on a previously approved permit for a development named Fox Fire Manor in the City of Lake Elmo. The development was never constructed and a request has been made for an updated permit. y After discussion of the 3 After e Permit # 97-Sermti application' mo.tj was made by Brenner and with the engineer's suggested conditions of approval. Motion carried ed by Borash to unanimously. Memorandum of Understanding with MnDOT Engineer Peterson had mailed copies of a Memorandum of Understandingbetweento the manager's understanding is for the preservation the VBWD and MnDOT. The memorandum of unders earlycoordinationare , protection, and enhancement of water and related land memorandum resources and d operation on permitted activities. The ma questioned certain points in the memorandum. Engineer Peterson p had lengthy discuss the issues with MnDOT. said he will Area Transfer-City of Mapiewood E contacted by Cliff Aichinger, Ramsey-Washingtonngine�Peterson explained to the managers that he had been Mlaplewood's desire to transfer an area of tandfrom the Valley g Administrator, concerning the City of Metro WD. The reason for the transfer, according to the Cityof Maplewood,to is that wishes to limit their City to one watershed district. is that the City wishes to Engineer Peterson said the portion of the City of Maplewood in question, includes space, and residential devebprnert He said that no significant changesxPed in are a lens area, open future and the impacts of this area transfer would be minimal. this area in the The managers didn't feel that the transfer of land area should be done, since watershed district are formed on a hydrologic basis, not politically. Ma the of a this with Mr. Aichinger. NY nage► Brenner said he will discuss MANAGERS' REPORT File Cabinet Space After discussion, the managers asked to inquireaboutabout the cost and availability of storage of its file cabinets in Isstoratora Schultzge sites. Manager Brenner will also inquire about the storage of the files at the Minnesota Historical Society. NEW BUSINESS There was no new business to discuss. ADJOURNMENT Mimn made by Brenner and seconded by Borash at 8:32 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, -Thee-t --C-- Steve Foley, Secretary s� Valley Branch Wat District Minutes Approved by Managers 04/24/97 APPROVED MINUTES VALLEY BRANCH WA�RSHED DISTIC #5 0 Held nRthe T Minutes of Regular Meeting Lake Elmo City Council Chambers ocT 2 0 W Thursday, September 25, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Jon Lennander, Engineer, Ray Marshall, Attorney; Betsy Raleigh, Attorney; Dale Eklin, Inspector; and Karen ultz, Recording Secretary OTHERS PRESENT: Jeff Berg, Washington SWCD, Valley Branch Creek CALL TO ORDER Meeting called to order by President Bucheck at 7:10 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the August the min8, utes meeting, maga was made by Borash and seconded by Brenner to table the approval August 28, 1997 meeting, until the next managers' meeting, at which time the managers will review a corrected copy of the minutes, including additional information on the Echo Shores Development. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Managers was: 1. MAWD Meeting - Delegates Attending. about the Echo Manager Brenner said he had some questionsShores Development and the possible building of the new St. Jude's CatholicLake area. President Bucheck asked Church in the Sunnybrook rdi the easementsthat need Attorney Raleigh to contact the office of the Staff askedthen thaty itf�Reoording Secretary place two to be obtained wound Echo Lake. Manager items 1) Echo Shores Development and 2) St. Jude's Church - on the future meeting agendas for discussion. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. Jeff Berg,with the Washington SWCD,was present to inform OLD BUSINESS Valley Creek Update the managers of an opportunity another Clean Water Partnership grantnt.for water monitoringthe Hin e Valley Creek area. He had givencorrespondence managers on the availability of the gra he will be meeting with the MPCA next week and asked the managers to review the correspondence. Manager Brenner asked if the managers have enough information to apply for the grant. Jeff Berg told the managers that the MPCA personnel said to submit the information available. Engineer Lennander said he feels it is something the managers should look into. He said he will be attending the meeting next week along with Jeff Berg. 1 2 PUBLIC FORUM There was no public forum discussion. SECRETARY'S REPORT Secretary Foley was absent. He had delivered the mail to the attomey's office. President Bucheck reviewed the mail with the managers. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's Report Disbursements Barr Engineering-August Services (CK#2335) $ 21,860.56 Tautges, Redpath & Co. - 1996 Audit(CK#2331) 5,450.00 ICS Agency- Excess Liability Payment (CK#2332) 1,381.00 Lawson, Marshall, McDonald Law Firm (CK#2330) (OLEP through 08/14/97-$1,530.54) 2,658.54 (General Account through 08/14/97-$1,128) OLEP General Account through 08/14/97- 08/31/97 ($624.00) 2,098.59 - 08/14/97-08/31/97($1,434.59) (CK#2333) Collections ($40) Tom Novak -3rd Qtr. Per Diem (CK#2334) Dale Borash-3rd Qtr. Per Diem and Expenses 336.1820.8 Ray Brenner- 3rd Qtr. Per Diem and Expenses 354.00 Dave Bucheck- 3rd Qtr. Per Diem and Expenses 285.15. Karen Schultz- Expenses through 09/24/97 3022 Karen Schultz-3rd Qtr. Secretarial Services 162.62 1,163.61 Receipts Permit 97-15-Tamarack Farm Estates, Lake Elmo Application Fee-$1,500 5,900.00 Surety- $4,400 Permit 997 6-Helmer Subdivision Application Fee-$500 500.00 Permit 97-14- Echo Shores, Mahtomedi Application Fee-$1,500 5,210.00 Cash Surety-$3,710 um.00n made by Novak and seconded by Brenner to accept the Treasurer's report. Motion carded Discussion of 1998 Proposed Budget Treasurer Novak said a been submitted to Washington County, as required. Attorney Raleigh said the notice of the budf the proposed budget get hearing to be held October 9, 1997, has been published. ATTORNEY'S REPORT Attorney Betsy Raleigh said that she has received the first notice of filing in court on the bad debt response. INSPECTIONS Inspector Eklin reported on the inspections made since his last report, 3 BARR ENGINEERING The Hamlet - Lake Elmo - Permit#97-7 Engineer Lennander presented information on a project located southwest of the corner of 43rd Street North and Kimbro Avenue North in Lake Elmo. It is in the southwest quarter of Section 11 and northeast quarter of Section 14, Township 29 North, Range 21 West. The applicant is proposing a residential duster development A total of forty new lots, with an average size of about 0.9 acres, is proposed. Grading of the 90-acre site, and construction of approximately 1.5 miles of roadway, over 4,000 feet of sanitary sewer pipe, and three stormwater ponds are proposed. About 850 feet of storm sewer is proposed. After discussion of the wetland protection concerns, the water management and erosion control concerns, notion,was made by Brenner and seconded by Borash to approve Permit#97-7 with the engineer's - •,• conditions of approval. Motion carried unanimously. =rackey West - Permit # 97-18 Engineer Lennander presented information on a project located im =• : _ • • a o 3 ', : er Area High School, south of the existing Ford Dealership near the northeast corner of Highway 5 and 58th Street North. It is located in the northeast quarter of Section 6, Township 29 North, Range 21 West. The applicant is proposing to create two Outlots and construct a stormwater detention basin along Highway 5. Commercial development for this area is in agreement with the City of Oak Park Heights land use plan and Annexation Area Surface Water Management Plan. Stormwater drainage on the site will be directed to the west to the ponding basin before discharging to the existing 58th street storm sewer system leading to the Stillwater High School pond and ultimately to Cloverdale Lake. Since the Developer is creating Outiots on this property, no further development of the site would be completed until the property is re-platted, and the current permit would only be for the grading of the site. After much discussion of the wetland protection concerns, the water management concerns, and the erosion control concerns, motion was made by Borash and seconded by Novak to approve Permit# 97-18 with the engineer's suggested conditions of approval, as well as an additional condition recommended by the managers, which is the preparation of a proper infiltration basin. Motion carried unanimously. Jim Palecek Property Flooding Engineer Lennander informed the managers that he has talked with the Washington County Parks personnel about the managers'embankment removal project on Eagle Point Creek. The proposed project to remove trees, remove concrete, and grading, in its attempt to prevent flooding of the Palecek property, is on County Parks property in Lake Elmo. He said this is acceptable to the County, as long as the Watershed District has the full responsibility for it. The managers asked Engineer Lennander to get a few cost estimates for the project. Engineer Lennander will have the estimates for the next meeting. MANAGERS'REPORT MAWD Annual Meeting Dec. 4, 5, 6 The managers discussed the need to select delegates to attend the MAWD annual meeting in December. Manager Brenner said it is a good opportunity for the new managers to attend. The managers will decide at a later date, who will attend. Motion made by Brenner and seconded by Novak to pay expenses and registration fee for any manager attending the MAWD Annual meeting on December 4, 5, and 6, 1997. Motion carried unanimously. OLD BUSINESS(Continued) Valley Branch Creek Update Engineer Lennander said that he had attended another meeting at the Beiwin Foundation. He said there was strong support that the VBWD • 4 should take the lead in activities of the natural resources plan. He said he has talked to Annette Drawee MnDNR, about getting more citizen involvement in the project. Sunnybrook Lake Area There was no discussion of Sunnybrook Lake. ADJOURNMENT Metfen made by Brenner and seconded by meeting. Motion carried unanimously. Novak at 8:37 p.m. to adjourn the Respectfully Submitted, Steve Foley, Secretary (c Valley Branch Watershed Domt Minutes Approved by Managers 10/09%97 APPROVED P MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#569 Held in the Lake Elmo City Council Chambers OCT 2 1997 Thursday, August 28, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borsch, Vice President, Steve Foley, Secretary; and Ray Brenner, Manager MANAGER ABSENT: Tom Novak, Treasurer STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; Betsy Raleigh, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Larry Wertheim, Cletus Schertz, Len Pratt, Derrick Passe, John Olinger, and Tom Larsen, Echo Shores Development in Mahtomedi; and others for Remmele Engineering Permit#97-17 CALL TO ORDER Meeting called to order by President Buchedc at 7:11 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the August 14, 1997 meeting, X11 was made by Foley and seconded by Borash to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering was: D. 1. b. OLEP Project - Citizens Claim for Completion; and D. 4. Jim Palecek Property Flooding. PUBLIC FORUM There was no public forum discussion. SECRETARY'S REPORT Secretary Foley verbally reported on the mail received since his last report. TREASURER'S REPORT Treasurer Novak was absent. The Treasurers report will be given at the managers' next regular meeting. Discussion of 1998 Proposed Budget Because Treasurer Novak was absent, the managers agreed to hold a special meeting on Wednesday, September 3, 1997 at 7:00 p.m., only to discuss the 1998 budget proposal. Notice will be sent to all who receive the regular Agenda notice. ATTORNEY'S REPORT Attorney Betsy Raleigh said that she has the forms for Conciliation Court Proceedings for Secretary Steve Foley to sign before she files the forms. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. BARR ENGINEERING Citizen's Claim for Completion A resident on Olson Lake Trail, Mr. Greg Stark,was present to ask the managers to allow him to complete the necessary work to get his property back to the condition that it was before the Olson Lake Estates Pond Project was started, instead of • - 2 waiting for the work to be completed by the contractor. He presented a cost estimate of $1,250 to complete the necessary work. The managers agreed to this, and motion was made by Foley and seconded by Borash to pay$1,250.00 to Mr. Stark to complete the necessary work, and that Attorney Raleigh will prepare an agreement to be signed by Mr. Stark, stating that all work will be completed by him and that VBWD will no longer be responsible for getting the Stark property back to its original condition. Motion carried unanimously. Echo Shores in Mahtomedl -Permit#97-14 At the last meeting the managers tabled the discussion of Permit#97-14 until further information was received from the City of Mahtomedi concerning the Echo Lake Outlet modification. The managers'decision at that meeting was to postpone the approval of the permit#97-14 until the Echo Lake Outlet had been completed, which was a condition imposed in the permit for the Northeast Metro Business Park, previously approved. Mojlon was made by Borash and seconded by Brenner to remove from the table and discuss the permit#97-14, which is a proposal to buil a residential subdivision on the west side of Echo Lake in were n��caask ried unanimously. the managers to Several persons involved with the proposed development reconsider their decision to delay approval of their permit. John Olinger, City Manager for the City of Mahtomedi, explained to the managers that the City has attempted to get easements from landowners around Echo Lake to put in an outlet on Echo Lake to restrict flow from the lake. He said some of the land around the lake is in transition of ownership, and some is state-owned land, and the paper work is being done in the State Attorney General's office. Mr. Olinger said the process has been lengthy, and he does not know how long it will be before the City will get the easements necessary to put in the outlet on Echo Lake. The managers said they understood that, but they did not want to approve more development before the action is taken to protect the area from fooding. The managers asked if there was any way to speed up the approval by the Attorney General for the easements. Mr. Olinger said he did not know of a way to do that. Several persons spoke to the managers during the discussion, asking them to approve the permit because of the limited time involved. The papers for the Echo Shores Development are to be signed on September 2, 1997, and this meeting is the last managers' meeting before the closing of the deal. The persons present argued that the water level of Echo Lake will not be affected by the development. After much lengthy discussion, and upon vote of the permit approval, four managers, Bucheck, Borash, Foley, and Brenner voted against the approval of permit # 97-14. President Bucheck closed the discussion on the Echo Shores Development Permit. Remmele Engineering - Permit#97-17 Engineer Lennander presented information about a project located on Lots 2 and 3, Block 1, Northeast Metro Business Park in Mahtomedi. The property is on the north side of Long Lake Road approximately one half mile east of Century Avenue across from the Roadway Services building in the South Half of Section 31, Township 130, Range 21, Washington County. The site is proposed to be developed in two stages with the first being the proposed development, and a future expansion of the budding. The applicant is proposing to construct an 80,000-square foot manufacturing plant, bituminous parking lot and driveway, two storm water detention ponds, and associated site utilities. o�ed totalrading e site plan shows a future expansion to the site that will nearly double the area is 13.96 acres with approximately 20 percent of the site covered by DNR wetland No. 479W. The full development condition of the site will result in an impervious fraction of approximately 54 percent including all wetlands. 3 Chet Harrison from Clark Engineering, was present to explain the project and answer any questions. After much discussion of the wetland protection concerns, the water management concerns, and the erosion control concerns,matign was made by Borash and seconded by Foley to approve Permit*97- 17 with the engineers suggested conditions of approval, as well as other additional conditions made by the managers. Motion carried unanimously. At this time Attorney Marshall asked the managers to adjourn the meeting temporarily and go into Executive Session to discuss a proposal that had been presented to him by the Echo Shores Development group. TEMPORARY ADJOURNMENT At 9:15 p.m. President Bucheck temporarily adjourned the meeting. MEETING RECONVENED At 9:32 p.m. President Bucheck reconvened the meeting. NM=was made by Foley and seconded by Borash to reconsider the approval of Permit#97--14, based upon the discussions and the understanding of a proposal made by the Echo Shores Development group. Motion carried unanimously. Mr. Wertheim,Attorney for the Developer, said their proposal is to set aside$10,000.00 specifically for the managers'expenses in obtaining the necessary easements around Echo Lake, if in one years time, the easements have not been obtained by the City of Mahtomedi. Mr. Wertheim asked if the$10,000.00 could be in the form of a Letter of Credit. The managers agreed that this would be sufficient. Mr. Wertheim also asked if any remaining money would be returned if the entire$10,000.00 was not used to obtain the easements The managers agreed that the money would be returned to the Developer if it was not used. President Bucheck said that the managers agree to allow the proposal made by the Echo Shores Development group, but with the following conditions imposed: 1. The project plans shall be revised to include the following: a. Double rows of hay bales or snow-fence backed silt fence in areas of concentrated flow with a maximum distance between rows of 150 feet. b. Wood fiber blankets shall be placed on all slopes of 3 feet horizontal to 1 foot vertical or greater. c. Rock construction entrance to the site. The entrance shall be surfaced with crushed rock across the entire road width from the entrance to a point no less than 50 feet into the site. The rock layer shall e 6 inches thick. Other roads shall be swept free of all sedknent which is transported onto the roads as a result of construction. Sweeping shall be done weekly if sediment is on the streets. 2. The erosion controls shall be installed prior to the commencement of clearing and grubbing operations and be maintained throughout the construction period until turf is established. Additional erosion controls may be required. 3. The VBWD engineer shall be notified at least seven days prior to commencement of work to schedule an inspection of the project's erosion controls. The erosion controls must be in place and properly installed before grading may commence. 4 4. This permit is not transferable. 5. The applicant is responsible for removal of all erosion control measures including silt fence and hay bales upon establishment of permanent vegetation at the project site, as determined by the engineer.VBVVD 6. The minimum budding elevations are as follows: Lot 1, Block 1 Elevation 1016.50 feet Lots 1, 2, 3, 4, Block 2 Elevation 1006.80 feet Lots 8, 9, Block 3 Elevation 1018.00 feet Loth 2, 3, 4, 5, 6, 7, Block 4 Elevation 1014.10 feet Lots 1, 2, 3, 4, Block 5 Elevation 1019.70 feet Lots 7, 8, Block 5 Elevation 1033.00 feet Lots adjacent to Echo Lake Elevation 999.60 feet 7. Drainage easements shall be granted to Mahtomedi which cover lend adjacent to the wetlands and ponding area u to their 100-year flood elevations and which cover all ditches and storm sewers. Mahtomedi shall be responsible for all maintenance within drainage easements. 8. Final construction plans shall be submitted to the VBWD engineer which show any revisions required by the conditions of this permit. A copy of the record drawings and the final plat shall also be submitted to the VBWD engineer. 9. This permit is subject to obtaining all other permits required by governmental agencies having jurisdiction (including a NPDES Permit). 10. Developer shall provide a letter of credit ora certificate of deposit in the sum of ten thousand and zero dollars ($10,000)to the Valley Branch Watershed District (VBWD)to be held for not more than twelve (12) months. If, at the end of the 12 month period, the City of Mahtomed (the City) has not acquired the necessary easements to allow the City to complete the outlet to Echo Lake as required by the permit issued to the City, then the$10,000 provided by the developer shall be used by the VBWD to attempt to acquire the necessary easements, or to otherwise acquire a right of way by condemnation or otherwise for the Echo Lake outlet. In the event the VBWD's costs to acquire the necessary right of way are less than$10,000, the VBWD shall return to the Developer the difference between the costs incurred and$10,000. In the event the City acquires the necessary right of way in less than 12 months, then the $10,000 shall be released to the Developer at that time. After more discussion,MOM was made by Foley and seconded by Borash to approve Permit#97-14, Echo Shores Development, with the engineer's suggested conditions of approval, and the additional conditions made by the managers. Motion carried unanimously. Tamarack Farm Estates in Lake Elmo - Permit#97-15 Engineer Lennander presented information on a project located on the north side of 50th Street North, and west of the intersection with County Road 5 in the southeast quarter of Section 1, Township 29 North, Range 21 West, Washington County in the City of Lake Elmo. The proposed project is a residential subdivision in Lake Elmo. The development is 40.0 acres consisting of 11 single family homes and eight townhomes. Two of the single family homes on the property are existing dwellings. The site is a duster development with a central septic system, and shared water wells. The site is currently farmland and meadow with several 5 wetlands. The existing drainage patterns are to be maintained, and no wetlands are to be filled or changed by the development. After discussion of the wetland protection concerns, the water ma concerns, motion was made by Foley and seconded management and erosioncontrol suggested conditions of approval. by Brennersly. to approve Permit #97-15 with the Motion carried unanimously. Jim Palecek Property Flooding Engineer Lennander informed the managers of the necessary work to be done to attempttog ecek that after more review propert from 95,000.00 to $8,000.00. He said he has contacted the City of Lake Elmo to s, it could cost the and has not heard back from the City. The managers agreed to wait for more information before as decision is made. MANAGERS' REPORT There were no reports from the managers. OLD BUSINESS Valley Branch Creek Update Engineer contribution to the permanent monitoring stations on Vaeey Lennander said tont the District's $5,000.00 to$8,000.00. Contributions will also come from other agencies.Sunwill not more than Keatsto Lake Area Engineer Lennander said the lake is high, but not high enough to flow down St. Jude's Church Proposal Engineer Lennander said he will follow up on a previous written to St. Jude's Church officials, informing them that the VBWD needs to beletter that was plans for a church to be built in the Sunnybrookinformed before any church officials. Lake area are finalized. He will be in touch with the ADJOURNMENT Mogen made by Brenner and seconded meeting. by Motion carried unanimously. Barash at 10:00 p.m. to adjourn the Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed IX, . w / Minutes Approved by Managers 10/09/97 _ APPROVED i �!( ; 1 IT'ES VALLEY BRANCH WATERSHED DISTRI 1) Minutes of Regular Meeting # 568 Held in thel 1 ; Lake Elmo City Council Chambers SEP - 9 1997 Thursday, August 14, 1997 1 �u MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; Betsy Raleigh, Attorney; Dale Eklin, Inspector; and Karen Schultz, Recording Secretary OTHERS PRESENT: Chuck Taylor, CAC CALL TO ORDER Meeting called to order by President Bucheck at 7:06 p.m. ANNOUNCEMENTS President Bucheck said a notice had been received from the Washington County Board that the term of Dale Borash will expire on November 14, 1997. Vice President Borash said that he has notified the County Board that he wishes to be reappointed. APPROVAL OF MINUTES After discussion and correction of the minutes of the July 31, 1997 meeting, motion was made by Brenner and seconded by Novak to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering was: 4. Jim Palecek Property Flooding; and under Managers was: 1. 1998 Budget Discussion; and 2. Indian Hills Golf Course Pumping. PUBLIC FORUM There was no public forum discussion. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts None Disbursements Jet Print - 1996 Annual Report Books Printed $ 414.44 Barr Engineering - July 1997 Services 23,095.77 Motion! made by Novak, seconded by Borash, to accept the Treasurer's report. Motion can/ unanimously. 1997 Budget Discussion Treasurer Novak distributed copies of a summary of the VB 1e Budget records through August 10. 1997 The managers had a lengthy discussion of the funds ens and what 's needed in this fiscal year. Treasurer Novak will make a quarterly .-eport to the V on the District funds. ; 2 reported on the mail received since his last report. SECRETARY'S REPORT Secretary Foley verbal ry CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor reported to the managers on the current lake levels in the District, and the managers discussed the report. ATTORNEY'S REPORT Attorney Betsy Raleigh reportedBad that she has nothing to report on the Foley about debts. Debt Response, and hasn't had an opportunity to meet with Secretary ions made since his last report. He also INSPECTIONS Inspector Dale Eklin reported on the inspections projects have been completed and said that he and Engineer Lennander agree that some pe escrow money can be returned in some cases. Echo Shores In Mahtomedl - Permit#97-14 Engineer Lennander presented BARR ENGINEERINGDevelopment. The developer is proposing a large information on a new permit called Echo Shores Develop Wildwood residential subdivision on the west side of Echo Lake inMtomednorthwoct ed between quarter Section 31, Road, Century Avenue, and 60th Street in the south half of Township 30 North, Range 21 West, Washington County, in the City of Mahtomedi. subdivision adjacent to Echo Lake in Mahtomedi. The development The proposed project a residentialand 36 townhomes. A portion of the development lies is 45.3 acres consisting of 47 single family homes in the Rice Creek WD, but the majority is in Valley Branch WD. The entire site within the VBWD is tributary to Echo Lake. InEngineer Lennander informed the managers that the outlet from but o has Law w s discussion ed toof project, concerns for the was required to be modified as a part of the Northeast Metro Business Parkoflooding development, been completed. He said the development of t property was downstream water bodies without the completion of the Echo Lake Outlet. After discussion, motion.made by Borash and seconded by Novak to table the discussion of Permit #97-14 until further information is received from the City of Mahtomedi concerning the Echo Lake Outlet modification. Motion carried unanimously. Subdivision - Permit# 97-16 Engineer Lennander presented information Trail or tae southeastabou t a project Meisner along Subdin the r located Valley Creek south of Indiawnshi 28 North, 20 West, Washington County of the northeast quarter of Section 9, Township City of Afton. is a minor subdivision in the City of Afton creating three residential lots from a The proposed project p rt The home 25- acre parcel. The main stem of Valley Creek meanders through the overall red o ganged existingat this time. on the property is located at 15200 r Stagecoach hwly eated lots in this and is development. Two new homes are proposed Secretary Foley said he is concerned about construction along Valley Creek, and asked if a buffer would trout be nd n concerns, stream possible to prevent runoff into the Creek. After discussiothe controacon�m�iom°-was made stream concerns, the water management concerns, and erosion by Borash and seconded by Foley to approve Permit# 97-16 with the engineer's suggested in nd conditions of approval, as well as three additional conditions. to place snow fence-backedof the site plans, where excavation will occur; to have rock construcmeasures�win entrances; nll be submitted tohat a the District engineer before showing work proposed and erosion control excavation begins. Motion carried unanimously. , 3 Jim Palecek Property Flooding Engineer Lennander presented a drawing of the area of the Palecek property. He said at the cost of approximately $5,000, a channel modification could be done. He said large trees would need to be removed, and that downstream from the area, there is a concrete pier that would need to be removed. Engineer Lennander was instructed to find out who owns the right to remove the concrete pier, and to contact the City of Lake Elmo about this possible project. President Bucheck said he will contact Jim Palecek to tell him what the managers have discussed. Attorney Marshall suggested that the managers get a waiver of trespass from the appropriate landowner, and also find out if there is an easement already existing. MANAGERS' REPORT Engineering Budget for 1998 Engineer Lennander distributed information on the engineering costs expected in Fiscal Year 1998. He will fax more information to the managers so that the managers can draft a budget at the next meeting. A copy of the draft budget needs to be submitted to Washington County before September 15, 1997. Indian Hills Pumping Manager Brenner said he has found out that the Indian Hills Golf Course is not doing any pumping right now, because the golf course is in good shape. He said that the level of Sunnybrook Lake is within six inches of the road. He said he will continue to check on it. OLD BUSINESS Valley Branch Creek Update Engineer Lennander said that he met last week with representatives of Woodbury, Afton, and the South Washington Watershed District. At that meeting everyone agreed that it would be very useful to have aerial photos of the area around Valley Creek. Engineer Lennander said the area has been flown, but it would cost approximately $10,000 for the mapping of the area. He said it would be useful to him if he had access to aerial photos. The managers were agreeable to contributing some money to the cost, but an amount was not decided. ADJOURNMENT Motion made by Foley and seconded by Novak at 9:16 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 08/28/97 Enclosure E APPROVED VALLEY BRANCH WATERSHED DISTRICT C ,INUTES Minutes of Regular Meeting#567 Held in the Lake Elmo City Council Chambers Thursday, July 31, 1997 \c AUG 191997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; ---' Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; Betsy Raleigh, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Candice Kraemer, CAC; Jim Palecek, Lake Elmo; and Jeff Berg, Washington SWCD; CALL TO ORDER Meeting called to order by President Bucheck at 7:03 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the July 17, 1997 meeting, motion was made by Brenner and seconded by Foley to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering was: L Jim. Palecek Property Flooding; and under Managers was: 1. Capping of Wells. PUBLIC FORUM There was no public forum discussion. SECRETARY'S REPORT Secretary Foley verbally reported on the map received since his last report. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurers report: Receipts Permit 97-12-Application Fee $ 50.00 Permit 97-13-Application Fee 1,500.00 -Cash Surety Deposit 3,548.00 State of Minnesota HACA Payment 92,267.00 Disbursements Karen Schultz- Expenses 05/09/97-07/14/97 $ 170.12 Barr Engineering Services 05/03/97- 06/27/97 26,295.99 Motion made by Brenner, seconded by Foley, to accept the Treasurer's report. Motion carried unanimously. ATTORNEY'S REPORT Attorney Betsy Raleigh reported that there are still four accounts with money owed the District. She will proceed with the filing in Conciliation Court and report at the next meeting. 2 CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. BARR ENGINEERING Jim Palecek Property Flooding Jim Palecek was present to discuss his flooded property with the managers and the engineer. Mr. Palecek said that the flooding has occurred since the Project 1007 was completed. Engineer Lennander said he has studied this since the last meeting, and reported to the managers that it could be a multi-million dollar project to remedy the problem. Replacing the current culvert with a larger one would be much less costly. Engineer Lennander said he will report at the next meeting on the possibility of putting in a larger culvert. Valley Branch Creek Update Afton Erosion Control Project with Washington SWCD Jeff Berg of the Washington SWCD reported that the cost of a project to study Valley Branch Creek could be $45,000. President Bucheck said the VBWD cannot commit to spending any money at this time until the problem with the Olson Lake Estates Pond Project is settled. Jeff Berg said he will put together a list of elements of the study. Valley Branch Creek Update Comprehensive Natural Resources Plan Engineer Lennander said that at the meeting held the week before, a decision was made to select a steering committee and a technical advisory committee. Annette Drewes of the MnDNR will facilitate the process. Metropolitan Council Monitoring of Valley Branch Creek Engineer Lennander said that the Metropolitan Council has offered to set up two monitoring stations along Valley Branch Creek and the Hwy. 94 outlet system. The Council is offering a$75,000 matching grant. It could cost VBWD 25 percent of the initial cost of set up. Engineer Lennander said this could be a good opportunity for the District, and that there would probably not be an annual cost for creek monitoring for the next 10 years if this project were undertaken. He also said, though, that there is concern by other watershed districts about how the information gathered in the monitoring will be used. President Bucheck asked Engineer Lennander to find out if they could start with only one monitoring station on Valley Creek, and report back. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Lennander reported that he had talked with the Chair of the Grant City Planning Board about plans to build a church in the Sunnybrook Lake area. He said that the City has not received any plans for a church yet. Candice Kraemer said the City Planning Board is requesting changes to the City's building regulations. Candice Kraemer said that with all of the recent rain, the water is getting close to the top of the road near her house. She asked if the pumping would begin soon. Manager Brenner will contact the Indian Hills Golf Course management about this. MANAGERS'REPORT Capping of Wells Manager Brenner said he had been contacted by a District resident about whether the District pays part of the costs of capping wells. Engineer Lennander said that some other watershed districts do have a program to assist in the cost to cap wells, but that VBWD does not. Attorney Marshall said he is not aware that the bylaws refer to capping wells. Attorney Marshal suggested that Manager Brenner contact the county offices to see if there is such a program through the county. ADJOURNMENT Motion made by Foley and seconded by Borash at 8:35 p.m. to adjourn the meeting. Motion carried unanimously. 3 MEETING CONTINUED President Bucheck reopened the meeting at 8:50 p.m. for the purpose of conducting business concerning the Olson Lake Estates Pond Project. moss was made by Brenner and seconded by Foley to pay Payment#9 in the amount of$33,569.20 to Carl Bolender and Sons. Motion carried unanimously. ADJOURNED Motion made by Foley and seconded by Borash at 8:52 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary a Valley Branch Watershed • 1 Minutes Approved by Managers 08/14197 Enclosure D APPROVED A MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#066 Held In the Lake Elmo City Council Chambers AUG 191997 Thursday, July 17, 1997 j �'� MANAGERS PRESENT: Dave Bucheck, President; Dale Borash,Vice Presitiff Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; Betsy Raleigh, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Chuck Taylor, CAC; Candice Kraemer, CAC; Paul Bischoff, CAC; Dale Eklin, Inspector; Jeff Berg,Washington SWCD; and Jeff Wilson, Tautges, Redpath &Co., CPA CALL TO ORDER Meeting called to order by President Bucheck at 7:08 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the June 26, 1997 meeting, motion was made by Brenner and seconded by Borash to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Engineering were: 3. New Permit - Cherryknoll Subdivision; 4. Jim Palecek Property Flooding; and under Managers was: 3. Discovery Costs of the OLEP Project. PUBLIC FORUM There was no public forum discussion. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels discussedto the managers on the current lake levels in the District, and the managers the report. SECRETARY'S REPORT Secretary Foley verbally reported on the mail received since his last report. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Ramsey County Settlement Check $ 14,855.20 Jan. 1, 1997 - May 20, 1997 423,031.93 Washington County Settlement Check 1997 Tax Payments Lake Elmo Bank- FICA 2nd Qtr. $ 440.18 Disbursements Lawson, Marshall, McDonald &Galawltz, PA General Account thru 06/30/97 1,020.001, 0.00 Olson Lake Project thru 06/30/97 Charles W. Taylor, CAC, Lake Level Reading 334.83 Services 05/24/96- 08/12/97 4 2 Barbarosa Invoice#1505 Horseshoe Lake- poly behind stoplogs $ 784.09 Barr Engineering Services 03/29/97-05/02/97 22,838.59 Maw made by Novak, seconded by Foley, to accept the Treasurer's report. Motion carried unanimously. ATTORNEY'S REPORT Attorney Betsy Raleigh said there was nothing to report, until the managers' Executive Session after the meeting. INSPECTIONS inspector Dale Eklin reported on the inspections made since his last report. BARR ENGINEERING Bierschbach Retaining Wall(Permit 97-12) Engineer Lennander described a project located at 4545 Olson Lake Trail at the southwest corner of Olson Lake, in the northeast quarter of Section 8, Township 29, Range 21, in Lake Elmo. The applicant is proposing to replace an existing deteriorating retaining wall with a new retaining wall. The new wall will be at or above the 100- year flood elevation of Olson Lake. After discussion of water management concerns, and the erosion control concerns,mgjjgn was made by Borash and seconded by Foley to approve the Bierschbach Retaining Wall Permit 97-12 with the engineer's suggested recommendations of approval. Motion carried unanimously. Cherryknoil Development - West Lakeland Township Permit # 97-13 Engineer Lennander described a project in West Lakeland Township. The contractor is proposing a 12-lot subdivision of rural residential lots. The property is located at the intersection of Neal Avenue and 20th Street South in West Lakeland Township, in the southeast quarter of Section 20, Township 29 North, development includes a single road with a cul-de-sac approximately Range West The 1,000 feet in length with curb and gutter. The lots in this subdivision are about 2.5 acres in size. Three smallwetlands looted within the proposed site, but no changes from existing conditions or other impactsare expected. to these wetlands are After discussion of wetland protection concerns, water management, and erosion control concerns, motion, was made by Foley and seconded by Novak to approve Permit# 97-13 with the engineer's suggested conditions of approval. Motion carried unanimously. Jim Palecek Property Flooding President Bucheck said he had been contacted by the Lake Elmo City Clerk, who said she had received a call from Jim Palecek, a District t on Jamley Street President Bucheck called Mr. Palecek and also visited the site of the flooding. Mr.nPalecek said ha lf of his property is flooded out after a heavy rainfall, because the culvert under the road does not handle the water during a heavy rainfall. He said the flooding began after the completion of Project 1007. for the Engineer working stric said to the managers that he has discussed this situation with engem problem, the system Project 1007 was constructed. That engineer said that in order to address the Ystem would have to be studied from Stillwater Blvd. all the way down to Eagle Point Lake. He said it would be a fairly large project. After discussion, the managers agreed that a minimal study should be made to get an idea of what it would cost to correct the problem, by looking at the whole project, and figuring out the cost for some relief to the area in question. Engineer Lennander said he will by to have this information for the next meeting. A t 3 CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda Items at this time. MANAGERS' REPORT Discussion of Draft Annual Financial Report Jeff Wilson of Tautges, Redpath, and Co.,was present to discuss with the managers the contents of the draft annual financial report, which had been mailed to them for review. Mr. Wilson went through the draft report and answered questions from the managers. The managers thanked Mr. Wilson for attending the meeting upon the request of the managers. 1996 Annual Report Draft Karen Schultz had mailed the second draft of the 1996 annual report to the managers for their review. At this meeting the managers suggested no changes or corrections. Mallon was made by Brenner and seconded by Foley to assemble the 1996 annual report and send it to the printer for copying. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion Candice Kraemer, Sunnybrook Lake area resident, was asked by the managers if there are any flooding problems in her area. She said there were no problems yet. When asked whether she has heard anything about the building of St. Jude's Catholic Church, she said there is a local group of residents watching the situation, so she feels that she will be notified if anything comes up. The managers suggested that Engineer Lennander contact the Planning Board for the City of Grant, since the Planning Board did not reply to a letter sent to them earlier in 1997 regarding the building site. Review of District Records Manager Brenner said he has not completed the reviewing of the District records. Valley Branch Creek Update Mon Erosion Control Project with Washington SWCD Engineer Lennander reported that he toured the Valley Branch Creek site with Paul Bischoff and Jeff'Berg last week. He said they couldn't see the cause of the erosion, but they could see from where the sediment was coming. Engineer Lennander said he plans to do an engineering study to see what is needed for this area. He will try to have his information for the next meeting as to what the study should look like. Valley Branch Creek Update Comprehensive Natural Resources Plan Engineer Lennander said that there is a second meeting scheduled next week at the Beiwin Foundation site.Annette Drewes from the MnDNR and Brett Emmons from the South Washington WD will be in attendance. ADJOURNMENT Motion made by Foley and seconded by Borash at 8:47 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secrete Valley Branch Watershed District Minutes Approved by Managers 07/31/97 1 r APPROVED MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting #565 Held in the Lake Elmo City Council Chambers Thursday, June 26, 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Jon Lennander, Engineer; Ray Marshall, Attorney; Betsy Raleigh, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Brett H. Emmons, Engineer, South Washington WD; Jeff Berg, Washington SWCD; Mark Borgwardt, Afton City Council CALL TO ORDER Meeting called to order by President Bucheck at 7:04 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion and correction of the minutes of the May 22, 1997 meeting, motion was made by Brenner and seconded by Borash to approve the minutes as corrected. Motion carried unanimously. After discussion and correction of the minutes of the June 12, 1997 meeting, motion was made by Brenner and seconded by Novak to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda under Managers were: 2. Report on Summer Tour in Marshall; and 3. Letter to Critique Barr Engineering. PUBLIC FORUM Brett Emmons, Engineer for the South Washington Watershed District, was present to introduce himself, and to discuss with the managers various ways of making the public aware of watershed districts. The managers of VBWD said they have had display booths at the Washington County Fair in the past, but didn't get a lot of response from the fairgoers. Mr. Emmons said he is visiting each neighboring watershed district, and that the South Washington WD has drafted its water management plan. The managers asked that Mr. Emmons keep them informed. SECRETARY'S REPORT Secretary Foley was not present; there was no report. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts The Hamlet Permit#97-7 $ 5,640.00 Amoco Permit#97-8 800.00 Countryside Wood Permit#97-10 2,800.00 Disbursements ICS Agency, Inc. $ Worker Comp - Renewal Invoice#15619 1,131.00 General Liability - Renewal 1,935.00 Karen Schultz- Sec. Services, 2nd Qtr. 1997 1,364.01 2 Tom Novak - Per Diem & Expenses, 2nd Qtr. 1997 395.43 Ray Brenner- Per Diem & Expenses, 2nd Qtr. 1997 747.04 Dave Bucheck - Per Diem & Expenses, 2nd Qtr. 1997 195.23 Q Treasurer Novak distributedDale Borash -copies Per of theDiem Audito& r'Expensess "Discussion, 2nd tr. Draft" of$its report277.05 for 1996. The managers were asked to review it for discussion at the next meeting. President Bucheck asked Treasurer Novak to invite one of the auditors from Tautges, Redpath & Co., Ltd. to attend the next meeting. ATTORNEY'S REPORT Attorney Betsy Raleigh said there was nothing to report, until the managers' Executive Session after the meeting. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. BARR ENGINEERING Valley Branch Creek Update Afton Erosion Control Project with Washington SWCD Engineer Lennander reported that a meeting is being set up to include the MnDNR, watershed district managers, and essentially people who will be making the decisions on the erosion control project. The meeting is tentatively scheduled for the week of July 21, 1997. Jeff Berg, Washington SWCD, will coordinate a field trip to view the site at Valley Branch Creek. Valley Branch Creek Update Comprehensive Natural Resources Plan Engineer Lennander said that the Metropolitan Council has contacted him with information that the Council has funds to establish permanent monitoring stations on Valley Branch Creek. Amoco in Mahtomedi - New Permit Engineer Lennander presented information on a new permit application for a project located at 3122 Century Avenue in Mahtomedi for an Amoco/McDonald's (Permit 97-8). He said that the City of Mahtomedi has concerns about the drainage to the proposed stormwater pond. After discussion, the managers agreed to table the permit application and asked Engineer Lennander to request a new set of plans from the developer. Countryside Wood Products Engineer Lennander described a permit that had been applied for in April 1996. The project is located south of Highway 5 between Ideal and Jamaca Avenues at 8603 North 34th Street in the southeast quarter of Section 16, Township 29 North, Range 21 West, in the City of Lake Elmo. The applicant is proposing to construct a 4,000-square foot warehouse and approximately a 4,000-square foot, two-story office building. Associated with the buildings are a proposed bituminous parking lot, a gravel service driveway, a storm water detention pond, and a cross-culvert at the entrance. Site drainage was originally to be directed to the south, but a problem with a drainage easement developed. Drainage from the site has been redirected to the Highway 5 ditch to Project 1007 ditch to Eagle Point Lake. This permit had been discussed at the June 12, 1997 meeting, and approved with the condition that the engineer submit a revised permit review. As a part of the revision of this permit, the Permit Number has been changed to 97-10 from 96-4. After discussion, motion was made by Borash and seconded by Brenner to approve Permit 97-10 with the engineer's suggested conditions. Motion carried unanimously. Sink Hole Vice President Borash described a small "sink hole"that is getting larger, located on Neal Avenue near a common driveway shared by three residents. He is concerned that it is a danger to the • 3 public and that someone could get hurt. He has talked to Terry Emerson of Emerson Contracting about repairing the sink hole. Vice President Borash said the work to repair it had been approved by the managers at a former meeting. Engineer Lennander agreed that this attempt to repair the sink hole is the best at this time. The cost of the work should be billed to the Project 1007 account. The managers agreed that Vice President Borash should contact Emerson Contracting. MANAGERS' REPORT 1996 Annual Report Draft Karen Schultz said that she now has the corrections for the first draft of the 1996 annual report and will send a second draft to the managers. Report on Summer Tour Manager Brenner said he attended the MAWD Summer Tour in Marshall on June 20th and 21st. He said it was one of the better tours he has attended, where actual work was being done to improve conditions. He also said that snow melt is a big problem in the southwest. He reported that a large detention basin is being constructed to help slow down the flow of water through the farms and the country. Letter to Critique Barr Engineering Manager Brenner informed the managers that Barr Engineering has hired a market research firm to perform a study of the company's services to its clients. He said a representative of MRS/Pickar will contact him by telephone in the next few days to get a report on the service provided by Barr Engineering to VBWD. He asked the other managers to call him with any comments they have, before the scheduled half-hour interview. Engineer Lennander explained that the research study is a long term process for Barr Engineering, to determine how the company is working with its clients. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Lennander said he was contacted by someone who has purchased a 20-acre parcel of land west of Sunnybrook Lake for his residence. The contractor suggested that it could be possible to pump water to an area on his land to alleviate the flooding. Engineer Lennander said he will look at the site and report to the managers. Manager Brenner also asked Engineer Lennander to investigate the possible moving of St. Jude's Catholic Church to a site in the Sunnybrook Lake area, which was reported on earlier in the year. Review of District Records Manager Brenner said there is nothing new to report. ADJOURNMENT Motion made by Brenner and seconded by Novak at 8:45 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary / (to Valley Branch Watershed istrict Minutes Approved by Managers 07/17/97 APPROVEL VALLEY BRANCH WATERSHED DISTRICTTES Minutes of Regular Meeting#564 Held in the Lake Elmo City Council Chambers Thursday, June 12, 1997 MANAGERS PRESENT: Dale Borash, Vice President; Steve Foley, Secretary; and Ray Brenner, Manager MANAGER ABSENT: Dave Bucheck, President and Tom Novak, Treasurer STAFF PRESENT: Jon Lennander, Engineer; Raleigh, g , Ray Marshall, Attorney; Betsy Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Paul Bischoff, CAC; Chuck Taylor, CAC; Marc Weigk, City of Mahtomedi; and Annette Drewes, MDNR Metro Region Trout Stream Watershed Coordinator CALL TO ORDER Meeting called to order by Vice President Borash at 7:02 p.m. ANNOUNCEMENTS Vice President Borash announced that it was necessaryfor two ma absent from this meeting- President Bucheck, and Treasurer Foley. to be APPROVAL OF MINUTES Motion.was made by Foley and seconded by Brenner to postpone the review and approval of the minutes of the May22, 1997 managers. Motion carried unanimously. meeting, because of the absence of two ADDITIONAL AGENDA ITEMS Added to the agenda was F. 5. Countryside Wood Products; and 7. D. Sunfish Lake. PUBLIC FORUM Paul Bischoff, member of the Citizens Advisory discussion of the Valley Creek erosion control project. Committee, was present to join the CITIZENS ADVISORY REPORT Lake Levels Chuck Taylor reported to the ma lake levels in the District, and the managers discussed thenagere w the current as to why the lake level on Horseshoe Lake has droppedreport. Chuck Taylor said he was confused o directed Engineer Lennander to investigate and e foot. After discussion, the managers report at the next meeting. SECRETARY'S REPORT Secretary Foley presented a verbal summary of the mail received since the last report. TREASURER'S REPORT Treasurer Novak was not present No Treasurer's report was given. ATTORNEY'S REPORT Attorney Marshall said there was nothing to report, until the man Executive Session after the meeting. ire' INSPECTOR'S REPORT Inspector Eklin reported that there are several old perms still on the books because they aren't completely finished. He suggested that he and Engineer Lennander review these permits. The managers directed that they do this, and report at the next meeting. 2 BARR ENGINEERING Olson Lake Estates Pond Outlet Project Engineer Lennander reported that he has received more calls from residents in the area of the Olson Lake Estates Pond Outlet Project with problems on their property as a result of the project. One resident had provided a cost estimate for repairing his driveway. The resident had planned to replace the driveway before the project had been started, and is going to complete the job whether or not he is assisted financially either by the District or the contractor. Engineer Lennander will investigate the situation and discuss it at the next meeting. Amoco/McDonald's (Permit 97-8) Engineer Lennander said additional information is needed from the applicant. The managers agreed to postpone discussion of the permit application until the next meeting. Southwest Park In City of Mahtomedi (Permit 97-9) Engineer Lennander presented information on a project located southwest of Long Lake Road and Lincolntown Road in Mahtomedi. It is in the southeast quarter of Section 31, Township 30 North, Range 21 West. The applicant is proposing to build two complete softball fields and one partially complete softball field, a soccer/football field, and a parking lot approximately 300 feet by 140 feet on the 11-acre site. Included in the proposed project is site grading and the construction of the parking lot, trails, and about 850 feet of water main and sewer. 255 feet of storm sewer is proposed to drain the parking lot into existing storm sewer along Long Lake Road. Marc Weigk, of the City of Mahtomedi, was present for the discussion of the permit. No wetlands are located within the proposed work of the site. The applicant has identified an area southwest of the site as a wetland. A small portion of the site drains to this wetland. After discussion of the water management concerns and the erosion control concerns, motion was made by Brenner and seconded by Foley to approve Permit 97-9 with the engineer's suggested conditions of approval. Motion carried unanimously. Countryside Wood Products Engineer Lennander described a permit that had been applied for in April 1996, but work had not been started. In discussion of the permit application, the managers agreed that the conditions for the permit should be rewritten because the nature of the permit has changed. Engineer Lennander will present the permit at the next meeting. Valley Branch Creek Update Afton Erosion Control Project with Washington SWCD Engineer Lennander reported that he has viewed the drainage areas and that he plans to meet next week with Afton City officials, and other interested parties. Valley Branch Creek Update Comprehensive Natural Resources Plan Engineer Lennander said that he and Annette Drewes, MnDNR, had met with the Administrator of the Ramsey-Washington Metro WD to discuss the Phalen Chain of Lakes Watershed project, completed in 1994. This project is similar to the environmental management plan for the Valley Branch Creek area. He said this project could be a fairly long and time consuming process. Annette Drewes and Engineer Lennander will set up a meeting of the primary parties, which are the Cities of Afton and Woodbury, the VBWD, and the MnDNR. Engineer Lennander said they need to find funding for the initial process, and to identify a group of concerned parties that would select a steering committee, technical team, and a facilitator. Sunfish Lake Engineer Lennander reported that he has found nothing in the files on Sunfish Lake that would infer that a maximum water level elevation had been promised to the residents by the watershed district. Engineer Lennander said President Bucheck had planned to discuss this with the residents on the lake. MANAGERS'REPORT Manager Brenner said he plans to attend the MAWD Sum mer'Tour r 3 n June. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Lennander said new to report on Sunnybrook Lake. there was nothing Review of District Records Manager Brenner said he will send a list of his files to C the Minnesota Historical Society, indicating how he is handling the District's record storage. ADJOURNMENT &don made by Brenner and seconded meeting. Motion carried unanimously, Foley7:58 P•m• to adjourn the Respectfully Submitted, I i_ Steve Foley, Secretary �vJ Valley Branch Watershed District Minutes Approved by Managers 06/26/97 APPROVED MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#563 Held in the Lake Elmo City Council Chambers Thursday, May 22, 1997 MANAGERS PRESENT: Dave Bucheck, President(7:35 p.m.); Dale Borash, Vice President; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Randy Peterson, Engineer; Jon Lennander, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Jeff Berg, Washington SWCD; Gene Oichefske, Long Lake; and Annette Drewes, MDNR Metro Region Trout Stream Watershed Coordinator CALL TO ORDER Meeting called to order by Vice President Borash at 7:05 p.m. ANNOUNCEMENTS This meeting is Engineer Peterson's last meeting as engineer for the District. Jon Lennander, of Barr Engineering Co., was present and will replace Engineer Peterson as engineer for the District. ADDITIONAL AGENDA ITEMS Added to the agenda was D. 3. Valley Branch Creek Update; D. 4. Update on MnDOT Meeting 05/20/97; and D. 5. Joan Chevez, Sunfish Lake. CHANGE IN ORDER OF AGENDA ITEMS Vice President Borash authorized the moving of agenda items at this time. SECRETARY'S REPORT Secretary Foley was not present. There was no Secretary's report. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report. Receipts None Claims Ray Marshall, Attorney-Adm. Services 2/24/97-4/30/97 $ 2,242.00 Services- Olson Lake Project 03/20/97-04/02/97 497.28 Gene Olchefske- MDNR Flood Damage Grant#2 3,500.00 Barr Engineering- Services 03/01/97- 03/28/97 21,001.59 Motion made by Novak and seconded by Brenner to accept the Treasurer's report. Motion carried unanimously. 2 Treasurer Novak announced that he will be out of town for the next 30 days, and will miss the June 12th meeting. He said he hopes to be back for the June 26th meeting. ATTORNEY'S REPORT Attorney Marshall had nothing new to report. BARR ENGINEERING Olson Lake Estates Pond Outlet Project Engineer Lennander reported that the final restoration items are being completed in the area of the project. One of the residents who requested repair of their driveways, is Greg Stark, whose property is adjacent to 3M property. Greg Stark submitted a cost estimate for restoration of his property which included $500 for driveway replacement, and $1,000 for ditch improvements and restoration of the ditch. Engineer Peterson recommended payment for the driveway replacement because cost to the District was the same whether the work was completed by Greg Stark or Contractor Bolander. The ditch restoration is to be completed as a punch list item by Bolander. The contractor is to bill the VBWD directly for the driveway replacement. After discussion, motion was made by Brenner and seconded by Novak to approve the expenditure of$500 for the repair by the contractor of the driveway at 4290 Olson Lake Trail. Motion carried unanimously. North St. Paul Drainage Issues Engineer Lennander explained the problem of water flooding and damage to residents'driveways around Silver Lake in North St. Paul, as a result of freezing and thawing effects on storm sewer pipes that enter the lake. He said that he has had discussions with Ramsey County personnel on the history of the lake level of Silver Lake. Engineer Lennander said the City of North St. Paul will formally request the MDNR to lower the lake level of Silver Lake. The managers said they do not favor the lowering of the lake level. Engineer Peterson said it is not supported by Ramsey County. He will keep the managers informed. The second area of concern involves the drainage to Silver Lake via St. Mary's Cemetery and then Joy Park. The condition that exists has been improved as a result of improvements made to Helen Street in North St. Paul. Minor ditch clearing is planned to accommodate the situation. Valley Branch Creek Update Engineer Lennander reported that he and Engineer Peterson and Vice President Borash had attended a meeting of the Belwin Foundation in Afton this afternoon, May 22nd. The meeting was called to discuss the development over the past 35 years in and around Afton. Valley Branch Creek flows through the area. The Belwin Foundation owns a significant amount of land in Afton and is concerned about the development's negative effect on Valley Branch Creek, which is a MDNR designated trout stream. There was discussion of an environmental management plan for the Valley Branch Creek area.A similar project was completed in the Ramsey-Washington Metro WD for Phalen Lake. Annette Drewes, MDNR, will meet with Engineer Lennander and Cliff Aichinger, Ramsey Washington Metro WD Administrator. Annette Drewes requested a letter from the Valley Branch WD supporting the proposal for a monitoring program of the Creek. VBWD has been monitoring the Valley Branch Creek for 25 years and has information for the project. Vice President Borash said that at the meeting at the Belwin Foundation, David Hartwell of Belwin, apologized that the City of Woodbury had not been invited to the meeting, and that it was an oversight on his part. 3 Jeff Berg of the Washington SWCD was present to discuss the resource protection of the Creek itself. The Washington SWCD would like the VBWD to be a partner in the protection of the Creek. The managers agreed that VBWD would help as much as possible. Dave Bucheck entered the meeting at 7:35 p.m. during the discussion of Valley Branch Creek. Update on Meeting with MnDOT 05/20/97 Engineers Lennander and Peterson had attended a meeting to discuss the Memorandum of Understanding that the MnDOT is attempting to prepare for MnDOT and Metropolitan Watershed Districts. The Memorandum of Understanding contains language concerning pond banking that is not agreeable to watershed districts. MnDOT would like the Memorandum of Understanding because it would eliminate the time consuming process of the permitting system when MnDOT needs to work within a watershed district. The managers were in agreement that each issue of pond banking in a project should be dealt with on a case by case basis. Dennis Larson, MnDOT, said that the pond banking was only one issue, and that he was negotiating a Memorandum Of Understandingwithout the agreeable to rson recommended that VBWD wait to see what other watershed districts do before signing the MOU.neer Sunfish Lake At the request of President Bucheck, Engineer Peterson had reviewed the files for Sunfish Lake related to pumping and high water level, which occurred in the late 1980s. At that time, water was pumped from Lake Jane to City Park pond to prevent flooding of homes on Lake Jane. This pumping caused the water level in Sunfish Lake to rise and damage a large number of trees, and resulted in a law suit against the watershed district. There is new interest in Sunfish Lake due to at least two proposed developments tributary to Sunfish Lake. Sunfish Lake does not currently have an outlet. Engineers Peterson and Lennander discussed with the managers a development proposal at the north end of Sunfish Lake in Lake Elmo. A permit has not been applied for, but Barr Engineering was contacted regarding the determined elevation of Sunfish Lake. Attorney Marshall said that there would be no basis for denying a permit if discharge rate control conditions are met. The managers requested Engineer Lennander to review the files for a maximum water level promised by VBWD as a part of the settlement in 1987. ENGINEER PETERSON COMMENDED FOR HIS SERVICE TO VBWD Motion was made by Bucheck and seconded by Borash commending Engineer Randy Peterson for his service to the watershed district and wishing him the best on his new position with the City of Northfield. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Lennander said there was nothing new to report on Sunnybrook Lake. Bad Debt Response Attorney Marshall said he is workingwith Treasurer Novak collections, and has nothingnew to regarding the report. Review of District Records Manager Brenner said he has been reviewing his files and sorting records according to the outline given the managers by Charlie Rogers of the Minnesota Historical Society. He said he will be in further contact with Charlie Rogers. The man should be an established policy on District record keeping. President Bucheck manageagreed dthat there i on this at a future meeting. provide information 4 APPROVAL OF MINUTES After discussion of the minutes of the May 8, 1997 meeting, motion was made by Novak and seconded by Bucheck to approve the minutes as corrected. Motion carried unanimously. ADJOURNMENT Motion made by Borash and seconded by Brenner at 8:25 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, All.t , eve Foley, Secretary /v0 Valley Branch Watershed District Minutes Approved by Managers 06/26/97 ' APPROVED VALLEY BRANCH WATERSHED DISTRICT:- - MINUTES Minutes of Regular Meeting #562 Held in the i , =__ Lake Elmo City Council Chambers Thursday, May 8, 1997 MAY 2 81991 �)J MANAGERS PRESENT: Dave Bucheck, President (8:10 pm); Dale Boy ali, Vice President; Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager STAFF PRESENT: Randy Peterson, Engineer; Jon Lennander, Engineer; Dale Eklin, Inspector; and Karen Schultz, Recording Secretary OTHERS PRESENT: Chuck Taylor, CAC; Charles Rogers, State Archives, Minnesota Historical Society CALL TO ORDER Meeting called to order by Vice President Borash at 7:01 p.m. ANNOUNCEMENTS Engineer Peterson announced that he will be leaving the Barr Engineering Co., for a position with the City of Northfield, as City Engineer. He had informed the managers of this, and had also discussed hiring Jon Lennander, of Barr Engineering, as his replacement. Manager Brenner announced that he has arranged for a representative of the Minnesota Historical Society to attend this meeting at 7:30 to discuss with the managers the legal preservation of its files and records. APPROVAL OF MINUTES After discussion of the minutes of the April 24, 1997 meeting, motion was made by Novak and seconded by Brenner to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Under Engineering, was added 'Valley Branch Creek Update". PUBUC FORUM No one was present for public forum discussion. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor reported to the managers on the current lake levels in the District, and the managers discussed the report. SECRETARY'S REPORT Secretary Foley presented a verbal report of the mail received since the last meeting. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts None Claims Karen Schultz Expenses - 04/11/97 - 05/02/97 $ 139A5 Motion made by Novak and seconded by Foley to accept the Treasurer's report. Motion carried unanimously. 4' 2 INSPECTIONS REPORT Inspector Eklin reported on inspections he has made on projects now that the weather has gotten warmer. MANAGERS' REPORT File Cabinet Space Manager Brenner introduced Charlie Rogers from the State Archives Division of the Minnesota Historical Society. Manager Brenner explained to Mr. Rogers the situation of the District's filing of records. He said the District has file cabinets in various locations, because there is likely duplication of records, and also that the managers are possibly retaining records that can be destroyed. Charlie Rogers distributed copies of regulations regarding records of a governmental unit. He said that no records can be destroyed without written permission. He also said that the only records that need to be saved are records generated by the District, and that routine financial records need to be kept only six years. The meeting minutes need to be kept permanently. He said that the Board of Water and Soil Resources has a manual regarding the preservation of records. Charlie Rogers offered to assist the managers in reviewing the District's files for the purpose of storing them. He said it should be only a few hours'time to review the records. The managers will notify Mr. Rogers when they are in a position to review the District's files. BARR ENGINEERING Olson Lake Estates Pond Outlet Project Engineer Peterson briefed the managers on a punch list of restoration items that are being completed at the site of the OLEP Project. He said he has been contacted by two residents about their driveway damage during the project. City of Mahtomedi-Long Lake Road Wetland Replacement Plan-Declaration of Restrictions and Covenants for Replacement Wetland Engineer Peterson had mailed to the managers copies of a "Declaration of Restrictions and Covenants for the replacement wetland in the City of Mahtomedi-Long Lake Road Wetland Replacement Plan". The managers discussed the wording of the Declaration, and maim.was made by Foley and seconded by Novak to approve the "Declaration of Restrictions and Covenants for Replacement Wetland"as contained in a letter addressed to Mr. Raymond O. Marshall, dated February 24, 1997, from Briggs and Morgan Law Offices, which approval includes corrections in Paragraph 2-2.4, Recital Four, changing the words 'Water Shed"to 'Watershed", and in Paragraph 9, Moaratign, changing the word "Sewer" to "Soil". Motion carried unanimously. Valley Branch Creek Update Engineer Peterson reported that monitoring equipment is in place and activity will begin soon on the Valley Branch Creek. Engineer Jon Lennander Engineer Jon Lennander distributed copies of his resume and verbally presented a brief background of his engineering experienceEngineer Lennander has been the primary engineer on the site of the Olson Lake Estates Pond Project, and is familiar with the District's proceedings. ATTORNEY'S REPORT Attorney Marshall could not attend this meeting. OLD BUSINESS Sunnybrook Lake Area Discussion At 6:15 p.m. the managers had met and by van, toured the Sunnybrook Lake area with Engineers Peterson and Lennander. The managers all agreed that the area appears to be in good condition right now. NEW BUSINESS The MAWD Summer Tour will be held in western Minnesota on June 20, 21, 1997. M°-made by Brenner and seconded by Foley that payment of per diem and expenses for any manager attending the tour. Motion carried unanimously. is approved 3 President Bucheck entered the meeting at 8:10 during the discussion of the Summer Tour. ADJOURNMENT Motion made by Brenner and seconded by Borash at 8:15 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, / . Steve Foley, Secretary Valley Branch Watersh- , 'istrict Minutes Approved by Managers 05/22/97 f" LAKE ELMO BANK A TRADITION OF SERVICE May 28, 1997 RE: Jack and Sue Krongard St. Croix Land Company Krongard Construction J.A.S.K. To whom it may concern, Jack and Sue Krongard, personally and as owners of the above mentioned Companies are well respected, financially sound, and considered one of Lake Elmo Bank's better customers. Any rumors or innuendoes stating otherwise are completely false. If anyone has any further questions related to the financial wherewithal of Jack and Sue Krongard, St. Croix Land Company, J.A.S.K. Inc., do not hesitate to call me at 773-4714rangard Construction, or Sincerely, • S /174-* cott johns Assistant Vice President 11465 36TH STREET NORTH ■ LAKC ELMO,MN 55042.0457 612/77741365 i FAX 612/7794735 Md a 4 , APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting#561 Held In then— r, n�� ,-- Lake Elmo City Council Chambers L� J Thursday, April 24, 1997 MAY I91997 MANAGERS PRESENT: Dale Borash, Vice President; Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Dave Bucheck, President STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Don Shaffer, Oak Park Ponds; Joe Anderlik, Engineer, City of Oak Park Heights CALL TO ORDER Meeting called to order by Vice President Borash at 7:13 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the April 10, 1997 meeting, motion was made by Brenner and seconded by Novak to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS There were no agenda items added. PUBLIC FORUM No one was present for public forum discussion. CHANGE IN ORDER OF AGENDA ITEMS Vice President Borash authorized the moving of agenda items at this time. BARR ENGINEERING Oak Park Ponds - New Permit At the meeting of April 10, 1997, Engineer Peterson had presented information on a project located immediately north of the Stillwater Area High School, south of the existing Ford Dealership near the southeast corner of Highway 5 and Highway 36. It is located in the northeast quarter of Section 6, Township 29 North, Range 21 West. The applicant is proposing to develop the 22-acre commercial site into a major grocery store, restaurant, and some retail shopping. Commercial development for this area is in agreement with the City of Oak Park Heights land use plan and Annexation Area Surface Water Management Plan. Engineer Peterson had noted in his report on the proposed project that one of the water management concerns associated with this site is its long term effect on the level and frequency of fluctuation of Cloverdale Lake. At that time, the managers asked Don Shaffer, representing the developer of the project, if the plans could be changed to include dry ponds for water storage because of the potential flooding of Cloverdale and McDonald Lakes, and asked Mr. Shaffer to attend the managers' next meeting on April 24, 1997. 2 Don Shaffer was present at this meeting, as well as Joe Anderlik, Oak Park Heights City Engineer, to discuss the managers' request. The managers agreed to approve the permit with the original conditions, and two additional conditions. Mr. Anderlik and Mr. Shaffer were in agreement with the conditions. Motion was made by Brenner and seconded by Foley to approve Permit#97-4 with the following two conditions added: (9) The permit applicant shall record the general soil types when excavating Pond Number 3 and be in contact with the VBWD Engineer during construction of the pond. Water levels in Pond 3 shall be monitored after construction so that a seepage rate can be established. (10) The City of Oak Park Heights shall ensure that the piped outlet system from Pond 3 is designed such that the pond can be drained for possible future dredging activities. Motion carried unanimously. SECRETARY'S REPORT Secretary Foley presented a verbal report of the mail received since the last meeting. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Park Tools - Permit#97-6 Flood Damage Grant#2 from MnDNRrow) $ 2,800.00 (Grant for Olchefske on Long Lake) 3,500.00 Claims Tautges, Redpath & Co. Services through 03/31/97 $ 184.75 Barr Engineering Services - 02/01/97 - 02/28/97 25,420.12 Barbarosa and Sons, Inc. for removal and replacement of stoplogs in lake drawdown 9,430.98 Motion made by Novak and seconded by Foley to accept the Treasurer's report. Motion carried unanimously. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall reported that he will compose a memorandum to the managers as to how to handle the collection of bad debts. He said the managers will have the memorandum before the next meeting. BARR ENGINEERING Olson Lake Estates Pond Project Engineer Peterson reported that the trees will be planted next week in Pebble Park. He said this is the last thing to be done to complete the Olson Lake Estates Pond Project. White Bear Lake Water Management Engineer Peterson reported to the managers that he has reviewed the City of White Bear Lake's Water Management Plan, and drafted a letter of approval. also said that the Plan involves onlyone He square mile of land in the VBWD. The managers approved of Engineer Peterson's proposed letter to be dated April 25, 1997, and motion was made by Borash and seconded by Foley directing Engineer Peterson to send the letter to the City of White Bear Lake. After discussion, motion was made by Foley and seconded by Novak, to amend the s motion stating that the VBWD approves the Water Management Plan, subject to the Metropolitan� Councill''s review and approval of the Plan. Motion carried unanimously. • 3 Area Transfer- City of Maplewood Manager Brenner said he had discussed with Cliff Aichinger, Ramsey-Washington Metro WD Administrator, the matter of transferring a small area of land from the Valley Branch WD to the Ramsey-Washington Metro WD, as requested by the City of Maplewood. The reason for the transfer, according to the City of Maplewood, is that the City wishes to limit its affiliation to one watershed district, instead of two. Manager Brenner said that Cliff Aichinger feels that it is not a serious matter. The managers again stated, as at the last meeting, that watershed district boundaries are formed on a hydrologic basis, not on political lines, and that this kind of boundary change would set a precedent. Attorney Marshall suggested that the managers meet with the City Council of the City of Maplewood to discuss the matter.After discussion, Manager Brenner said he will contact Cliff Aichinger and tell him how the managers feel, and that the managers would be happy to discuss it at a meeting with the City of Maplewood officials. Memorandum of Understanding with MnDOT Engineer Peterson reported that he had sent the managers'suggested changes to the Memorandum of Understanding with MnDOT, and has not heard back from MnDOT. Manager Brenner said he had discussed the Memorandum of Understanding with other metropolitan watershed district managers, and found that other Districts are also unhappy with the Memorandum of Understanding. A representative of MnDOT will be invited to the next meeting of the Metropolitan Watershed Districts to discuss the issues in the memorandum of understanding. Engineer Peterson will be notified of the meeting also. Park Tools - New Development Engineer Peterson asked that this item be tabled until the next meeting. MANAGERS' REPORT File Cabinet Space As asked to do at the last meeting, Karen Schultz inquired about the cost and availability of storage of District file cabinets in privately-owned storage sites. She said the cost would be approximately$70 monthly for a space large enough for all of its files. Manager Brenner said he inquired about the storage of the files at the Minnesota Historical Society. Selected files can be stored at the Historical Society, and the managers must decide which files they would need stored. Manager Brenner said he will receive information from the Historical Society about retention of District files. The managers agreed to wait until after they get the information. OLD BUSINESS Sunnybrook Lake Area Discussion The managers decided to meet at 6:15 p.m. before the next meeting, May 8, 1997, in order to tour the area around the Sunnybrook Lake area. NEW BUSINESS There was no new business to discuss. ADJOURNMENT Motion made by Novak and seconded by Foley at 8:02 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary /Co Valley Branch Watershed District Enclosure I A VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#559 Held in the r ZE © E O V7 [ ", Office of Lawson, Marshall & McDonald, Attorneys ,i Thursday, March 26, 1997 APR 14 1991 I� MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Steve Foley, Secretary; Tom Novak, Treasurer, and Ray Brenner, Manager STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Tim Freeman, Folz, Freeman, Dupay and Assoc., Heritage Farm Permit and Rinta Addition Permit; Candice Kraemer, CAC CALL TO ORDER Meeting called to order by President Bucheck at 7:04 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the March 13, 1997 meeting,motion was made by Novak and seconded by Brenner to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the Agenda: 6.E.4. Lake Drawdown, and 6.F.1. 1996 Annual Report. PUBUC FORUM No one was present for public forum discussion. SECRETARY'S REPORT Secretary Foley presented an oral report of the mail received. He reported that one of the items received is the Water Management Plan for the City of White Bear Lake. The Plan is to be reviewed by the Board of Managers. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Permit#97-2 - Heritage Farm - (Ck#2003) $ 6,300.00 Payment from G. Peterson - Owed on Permit#95-3 250.00 Claims Steve Foley, Per Diem and Expenses 1st Qtr. 1997 $ 277.05 Dale Borash, Per Diem and Expenses 1st Qtr. 1997 277.05' - " Ray Brenner, Per Diem and Expenses 1st Qtr. 1997 `457.69 Dave Bucheck, Per Diem and Expenses 1st Qtr. 1997 34 .5 753 Tom Novak, Per Diem and Expenses 1st Qtr. 1997 1,543 31 Karen Schultz, Sec. Services 12/12/96 - 03/26/97 Motion made by Novak and seconded by Brenner to accept the Treasurer's report. Motion carried unanimously. I 2 ATTORNEY'S REPORT Bad Debt Response Attorney Marshall reported that he has not yet met with Engineer Peterson and Treasurer Novak to review the bad debts situation. CHANGE IN ORDER OF AGENDA ITEMS President Bucheck authorized the moving of agenda items at this time. BARR ENGINEERING Heritage Farm - New Permit Engineer Peterson presented information on a project located southwest of the intersection of Manning Avenue and 30th Street North in Lake Elmo. It is located in the northeast quarter of Section 24, Township 29, Range 21. Tim Freeman of Folz, Freeman, Dupay and Associates, was present to discuss the permit application with the managers. The applicant is proposing to subdivide the 99-acre site into 10 outlots and 46 residential lots ranging in size from 0.5 acres to 1.1 acres. Included in the proposed project is site grading and the construction of Lisbon Avenue North, Lisbon Avenue Court North, 30th Street Circle North, and water main. Individual wells, septic, and drainfields are proposed for the site. About 600 feet of storm sew is proposed. After discussion of wetland protection concerns, water management and erosion control concerns, motion was made by Foley and seconded by Novak to approve Permit # 97-2, with the engineer's suggested conditions of approval, including the correction made in the engineer's suggested condition #5, regarding the 100-year flood elevation for the storm water pond and wetland on the site on Lots 1 through 6 in Blocks 4 and 5; and an additional condition, that a copy of the turf survey be sent to Engineer Peterson. Motion carried unanimously. Rinta Addition -New Permit Engineer Peterson presented his suggested conditions of approval for a permit for a project located at Hudson Road South and Indian Trail South in the City of Afton. He said there will be no grading required, because there will be no new roads, just driveways, and there are no flooding easements. The City of Afton asked for comments from the VBVVD. Engineer Peterson said there are a couple of drainage issues involved. Tim Freeman of Folz, Freeman, Dupay and Associates was present to discuss this permit also. After discussion of the,permit application, motion was made by Borash and seconded by Novak to approve Permit # 97-3 with the engineer's suggested conditions of approval. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion When asked by the managers about the Sunnybrook Lake area, Candice Kraemer said that the road is still open. Candice commented that the berm between her property and Keats Avenue is a problem in the flooding situation, and she offered to talk with the neighbor, Mrs. Drusch, about getting the berm lowered. Project 1007 Lake Drawdown Data Engineer Peterson distributed copies of an update on lake drawdown in the District. He said the lake levels are going down slowly. MANAGERS' REPORT Annual Report President Bucheck asked about the completion of the 1996 Annual Report. Both Engineer Peterson and Karen Schultz agreed that the draft of the 1996 Annual Report will be completed soon. NEW BUSINESS There was no new business to discuss. 3 ADJOURNMENT MgakQ made by Foley and seconded by Novak at 8:15 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary /e--sl Valley Branch Watershed District Enclosure K APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting #558 Held in the [ Lake Elmo City Council Chambers D Thursday, March 13, 1997 ApR - 7 1997 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, Vice President; Tom Novak, Treasurer; and Ray Brenner, Manager MANAGER ABSENT: Steve Foley, Secretary STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Jon Lenander, Barr Engineering CALL TO ORDER Meeting called to order by President Bucheck at 7:08 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the February 27, 1997 meeting, motion was made by Borash and seconded by Novak to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS There were no additional agenda items. PUBLIC FORUM No one was present for public forum discussion. SECRETARY'S REPORT Secretary Foley was absent; there was no report on the mail received. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Service Development Corporation (Ck#003027) $ 3,815.44 Emerson Land Co. - Waterford West - Permit#95-2 493.13 Claims Lawson, Marshall, McDonald & Galowitz, P.A. Services through 02-21-97 (Ck#2295) $ 1,630.00 Motion made by Novak and seconded by Brenner to accept the Treasurer's report. Motion carried unanimously. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall reported that he is continuing the effort to file the bad debt complaints in Conciliation Court. He said it may not be possible to collect the debts, but it will be the least expensive way to attempt to collect. He also said a judgment made in Conciliation Court is on the record for 10 years. Attorney Marshall and Treasurer Novak have not yet met with Engineer Peterson to review the bad debts. BARR ENGINEERING Claim for Extra Compensation in Olson Lake Estates Pond Project Engineer Peterson had sent to the managers a memorandum and copies of a response letter that he 2 had received from Carl Bolander and Sons Co. regarding their claim for extra compensation in the Olson Lake Estates Pond Project. The managers discussed the information in the letter and all agreed that there is not enough evidence so far to justify a change order in the amount suggested by Bolander and Sons. Another meeting is scheduled for Thursday, March 20, 1997, for representatives of Bolander and Sons, and the VBWD. "The Homestead" - New Development Engineer Peterson presented information on a project located along Lake Elmo Avenue, approximately 1/3 of a mile north of 10th Street, in the northwest quarter of the southwest quarter of Section 25, Township 29N, Range 21W. This 40-acre development site is a cluster type development adjacent to 3M's Tartan Park. The applicant is proposing to subdivide the 40-acre site into 19 residential lots ranging in size from 0.75 acres to 1.0 acres. Included in the proposed project is site grading and the construction of unnamed roadways, sanitary sewer, a storm sewer system, and two ponds. One of the two ponding areas is currently landlocked. The applicant is proposing to construct piped outlets from both of the ponds. The applicant has received approval from 3M to discharge runoff to Tartan Park. After discussion of the wetland protection concerns, and the water management and erosion control concerns, motion was made by Borash and seconded by Novak to approve Permit Number 96-18, with the engineer's suggested conditions of approval. Motion carried unanimously. Hydrologic and Phosphorus Budget Jon Lenander, Barr Engineering, made a presentation to the managers on the hydrologic and phosphorus budget reports prepared for Silver, Echo, Mud, Long, and Olson and DeMontreville Lakes. The purpose of the hydrologic and phosphorus budgets are to identify the source and quantity of water and phosphorus entering each lake on an annual basis. The reports provided an assessment of the water quality goals for each of the lakes with respect to anticipated changes from development and the goals for these water bodies contained in the District's Water Management Plan. Based on the results of these studies, Long Lake could be most threatened by development. Each of the reports contain conclusions and recommendations with regard to future management of these water bodies. The reports also contain suggested best management practices for erosion control measures at construction sites, lawn fertilization, mowing and mulching, and waste management. Sunnybrook, Goetschel, and Cloverdale Lakes Study As part of the 1997 Capital Improvements Program, funds were authorized to complete a feasibility study for providing a surface water outlet system from Sunnybrook Lake, Goetschel Pond, Cloverdale Lake, and Lake McDonald. Engineer Peterson had sent to the managers a memorandum providing a brief history of each of these areas and a phased approach to providing an outlet system from these areas. Engineer Peterson recommended a phased approach for both engineering feasibility studies and construction, since Highway 36 plans have been delayed indefinitely. He said an operating plan for Goetschel Pond and the Sunnybrook Lake area would allow the District to minimize the flooding potential at Sunnybrook Lake without causing adverse conditions at Goetschel Pond. After the discussion, the managers agreed that the study should be put on hold, at least until the decision is made on the cost of the Olson Lake Estates Pond project. MANAGERS' REPORT March 27th Meeting - Change Date? The March 27, 1997 meeting date has been rescheduled to be held on Wednesday, March 26, 1997, at 7:00 p.m. in the conference room 3 of the law firm of Lawson, Marshall & McDonald, in the Brookfield II Building, 3880 Laveme Avenue North, Lake Elmo, Minnesota. A notice has been published in the Ramsey County Review and the Oakdale-Lake Elmo Review. File Cabinet from David Parkin, Former Manager Manager Brenner said he was contacted by former Manager David Parkin, about a file cabinet which belongs to the VBWD, and is still in his home. Mr. Parkin is moving his residence from Minnesota, and the managers need to get the file cabinet from his home. The managers will do this, and find a place for it. OLD BUSINESS Sunnybrook Lake Area Discussion This discussion took place earlier in the Engineering report. NEW BUSINESS There was no new business to discuss. ADJOURNMENT Motion made by Brenner and seconded by Borash at 8:44 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 03/26/97 Enclosure K APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting #557 Held in the Lake Elmo City Council Chambers Thursday, February 27, 1997 MANAGERS PRESENT: Dale Borash, Vice President; Steve Foley, Secretary; and Tom Novak, Treasurer STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Bob Bruton, TAC Member; Paul Danielson, Imation Permit; and Gerald Peterson, Permit Applicant CALL TO ORDER Meeting called to order by Vice President Borash at 7:04 p.m. ANNOUNCEMENTS Vice President Borash announced that two managers, Dave Bucheck and Ray Brenner, are absent. APPROVAL OF MINUTES After discussion of the minutes of the February 13, 1997 meeting, motion was made by Novak and seconded by Foley to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS There were no additional agenda items. PUBLIC FORUM Gerald Peterson was present to discuss a bill he has received from the District relating to a permit, #95-3, which permit he received from the District to excavate a pond "enough to hold water". He claims that the bill (approximately$2,000) is excessive, and that the bill wouldn't have been necessary if he hadn't received two Cease and Desist Orders. The bill, dated January 1997, is for engineering costs incurred in the permit application process. At the last meeting Attorney Marshall and Engineer Peterson were directed to review the records of the permit and to report at this meeting. Attorney Marshall stated that there are no illegal activities going on now. He said the only issue that Gerald Peterson has is the amount of the bill for engineering costs relating to the permit application. When asked by Secretary Foley what would he consider to be a fair amount to pay, Gerald Peterson said that he had been told in 1995, by the Washington SWCD, that$750 would be more than ample to cover any costs. He said if he hadn't gotten "shut down", the costs wouldn't be there. Gerald Peterson claimed that he had done nothing to warrant the Cease and Desist Orders. Engineer Peterson disagreed with that, and said the Cease and Desist Orders wouldn't have been issued without reason. Secretary Foley explained to Gerald Peterson that the legal costs and engineering costs in this kind of matter, are expensive, and must be paid by the District. He also said that the money to pay these fees comes from the permittee. The managers asked if $1,500 would be more satisfactory, and Gerald Peterson insisted that $750 is even more than he should have to pay. After managers' discussion, motion was made by Foley and seconded by Novak to reduce the bill for engineering costs in the matter of Gerald Peterson's permit, #95-3, to $1,000. Motion carried unanimously. 2 SECRETARY'S REPORT Secretary Foley presented an oral report of the mail received since the last meeting. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report: Receipts Ramsey County Warrant Check - January Tax Settlement $ 205.17 Washington County Tax Settlement- Nov/Dec. 17,255.78 Royal Oaks Realty- Timber Ponds (Ck#8991) 305.79 Claims Barr Engineering - 11/30/96- 12/27/96 $ 17,658.24 Barr Engineering - 12/28/96 - 01/31/97 26,021.11 Indian Hills Golf Course - Pumping Keats Pond over 100 days in 1996 at $15.00 per day 1,635.00 Motion made by Novak and seconded by Foley to accept the Treasurers report. Motion carried unanimously. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall said that he had reviewed the files on the "bad debts response" - unpaid bills relating to permits. He said some of the debts have been paid, upon request by the District's attorney. Attorney Marshall said that most of the unpaid accounts are for $300 or $500. He suggested that he can file a Conciliation Court Complaint. The managers decided that Treasurer Novak will attempt to contact the debtors by telephone while Attorney Marshall is preparing a Conciliation Court Complaint on the bad debts. "State of Minnesota vs Kirk Roessler"Subpoena Attorney Marshall said that he has been in contact with the Washington County Assistant Attorney assigned in the matter. He also said that Engineer Peterson is prepared to appear in Court for the District on Monday, March 3rd, 1997. INSPECTOR'S REPORT Inspector Dale Eklin was present, and said there has been nothing new to report during the winter months. BARR ENGINEERING(Cont) Claim for Extra Compensation in Olson Lake Estates Pond Project Engineer Peterson said he has not heard anything from Carl Bolender and Sons Construction Co. since the last meeting regarding the claim for extra compensation. Nothing was discussed. Imation Update Engineer Peterson and Paul Danielson, of BRW, reviewed with the managers the latest developments in the permit for the 3M/Imation Property. Project 1007 Lake Drawdown Operation Plan Engineer Peterson reported that the snowpack monitoring was started Monday, February 24th. He said Horseshoe Lake has been lowered three feet, and that the stop logs have been pulled from Lake Elmo. He said "thin ice" signs have been posted. MANAGERS' REPORT District Goals for 1997 President Bucheck had compiled a list of goals for 1997 and all the managers have a copy of the list. The managers discussed the goals and agreed with the list. One of the goals concerns inspection of the skimmers to make sure they are installed and working properly. Inspector Dale Eklin said he plans to inspect the skimmers as he usually does. Motion made by Foley and seconded by Borash to authorize Inspector Eklin to check all the skimmers and report to the managers. Motion carried unanimously. • 3 Motion made by Foley and seconded by Novak to approve the goals set for 1997. Motion carried unanimously. March 27th Meeting -Change Date? The managers discussed fact that the March 27th meeting date is on Maundy Thursday. Recording Secretary Karen Schultz will find out when the meeting room is available to hold the second March meeting. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Peterson said he has mailed a letter to the church officials of St. Jude's Catholic Church in Mahtomedi, informing them that the proposed building site is in the Valley Branch Watershed District. He enclosed a permit application with the letter. NEW BUSINESS There was no new business to discuss. ADJOURNMENT Msiti.4A made by Novak and seconded by Foley at 7:58 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary /4-0 Valley Branch Waters istrict Minutes Approved by Managers 03/13/97 Enclosure H APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting #556 Held In Lake Elmo City Council Chambers Thursday, February 13, 1997 MAR 101997 .1 MANAGERS PRESENT: Dave Bucheck, President; Dale Borash, V - - President; Steve Foley, Secretary; Tom Novak, Treasurer; and Ray Brenner, Manager STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Chuck Taylor, CAC; Candice Kraemer, CAC; Dave Dupay, Fields of St. Croix; Gerald Peterson, Permit Applicant CALL TO ORDER Meeting called to order by President Bucheck at 7:04 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the January23, 1997 meeting, motion, was made by Brenner and seconded by Borash to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda: Engineering, "Fields of St. Croix Permit Application". PUBLIC FORUM No one was present for public forum discussion. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor reported to the managers on the current lake levels in the District, and the managers discussed the report. SECRETARY'S REPORT Secretary Foley presented an oral report of the mail received since the last meeting. He said the District has received a subpoena in the matter of the "State of Minnesota vs Kirk Roessler". Attorney Marshall said he will speak with the Washington County Assistant Attorney and report back to the managers. TREASURER'S REPORT Treasurer Novak distributed copies of the following Treasurer's report Receipts John Seffl - PA#96-13 $ 173.61 Fields of St. Croix Permit - Escrow 5,700.00 Claims ICS Agency Insurance $ ' . .180:00 .. Lake Elmo State Bank/FICA 191.24 Expenses- Karen Schultz - 12/18/96 - 02/13/97 186.23 r ' 2 Motion made by Novak and seconded by Brenner to accept the Treasurer's report. Motion carried unanimously. ATRIEEPORT Attorney Marshall had nothing new to report. INSPE'CTOR'S REPORT There was no inspection report. BARR ENGINEERING The Fields of St. Croix Permit #97-1 Engineer Peterson presented information to the managers on a project located southwest of Stillwater Boulevard and 50th Street North. This 146-acre development is one of the first of the cluster type developments to be proposed in the Valley Branch Watershed District. Approximately two-thirds of the land lies within the City of Lake Elmo in the northeast quarter of the northeast quarter of Section 12, Township 29, Range 21. The other third of the land is directly east, but is located in Baytown Township in the northwest quarter of the northwest quarter of Section 7, Township 29, Range 20.Almost all of the construction activities will be located in the Lake Elmo portion of the land area. A 28-acre outlot is proposed to remain as undeveloped, located as the east boundary to the site along Highway 5. The applicant is proposing to subdivide the 146-acre site into 40 residential lots ranging in size from 0.23 acres to 5 acres. Six town homes are proposed for a 2.8-acre area. Included in the proposed project is site grading and the construction of unnamed roadways, sanitary sewer, and a storm sewer system. The storm sewer system consists of approximately 500 feet of storm sewer pipe which drains to a ponding facility prior to discharging down a ravine to the Goetschel Pond area. Mr. Dave Dupay from the firm of Folz, Freeman, Dupay and Associates, the developers, was present to discuss the project with the managers. After discussion of the wetland protection concerns, and the water management and erosion control concerns, motion was made by Foley and seconded by Novak to approve the permit application with the engineer's suggested conditions of approval as listed in Engineer Peterson's memorandum of February 4, 1997. Motion carried unanimously. GERALD PETERSON PERMIT APPLICATION Gerald Peterson was present at the meeting to discuss Permit 95-3, which permit he received from the District to excavate a pond "enough to hold water". He had with him a bill for approximately $2,000.00 from the District, which he said he feels is excessive. The bill, dated January 1997, is for engineering costs incurred in the permit application process in 1995. Mr. Peterson said he had received two Cease and Desist Orders when he was attempting to do the work for which he had received permission from the District. Engineer Peterson said he needs to review the records of this permit. He also said he remembered the first Cease and Desist Order, which was made because there had been no permit application when the work was begun in the wetland area. This permit is two years old, and the managers asked Mr. Peterson to forward a copy of the second Cease and Desist Order to Engineer Randy.Peterson. Later in the meeting Gerald Peterson returned with a letter dated February. 26, 1996, from Attorney Raymond Marshall, ordering the Cease and Desist for Permit 95-3. The managers asked Karen Schultz to locate the minutes pertaining to this permit application in 1995. Engineer Peterson will also review his records in the matter. The managers will discuss the issue at the next meeting. 3 BARR ENGINEERING (Cont.) Olson Lake Estates Pond Project Engineer Peterson had mailed to the managers the most recent Application and Certificate for Payment from Carl Bolander and Sons. The payment request is for$10,616.25. After recommendation for payment by Engineer Peterson, and discussion by the managers, motion was made by Brenner and seconded by Novak to pay the amount of$10,616.25 to Carl Bolander and Sons. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Peterson said he had some information on the proposed church to be built in the City of Grant. He said the whole area that includes the church property is in the VBWD, and about half of the area would be tributary to Sunnybrook Lake and half would be tributary to Lake DeMontreville. In discussion the managers agreed that a letter should be written to the church officials. Motion was made by Foley and seconded by Brenner directing Engineer Peterson to contact the church officials and inform them of the impact the church building will have on the watershed district. Motion carried unanimously. BARR ENGINEERING (Cont.) Claim for Extra Compensation in Olson Lake Estates Pond Project President Bucheck, Secretary Foley, and Engineer Peterson met with representatives of Carl Bolander and Sons Construction Co. on Wednesday, February 12th to discuss the claim for extra compensation in the Olson Lake Estates Pond project. The managers said there was no resolution reached as to the total amount of money owed by the District. The managers feel that a dollar amount can eventually be agreed upon. Engineer Peterson will review his records and field notes concerning the project. New Permit- Hwy. 36 and Hwy. 5 Reconstruction Engineer Peterson presented information on a project to reconstruct Trunk Highways 36 and 5, Permit #96-19. The project is located in the communities of Baytown Township, Oak Park Heights, Stillwater, and Stillwater Township. The legal description for this area includes portions of Sections 5, 6, 31, and 32 and is described by quarter section on the completed permit application. Approximately one half of the project is within the Valley Branch Watershed District, the remainder of the project is within the Brown's Creek Water Management Organization. The project will include grading, resurfacing, and storm sewer construction activities for the area of Highway 36 from Manning Avenue to Northwestern Avenue. The Highway 5 bridge will be replaced as part of the project along with grading, resurfacing, and storm sewer construction work along Highway 5 from Highway 36 to 53rd Street. After discussion of water management and erosion control concerns, motion was made by Novak and seconded by Borash to approve Permit #96-19 with the engineer's suggested conditions of approval noted in his memorandum dated February 4, 1997. Motion carried unanimously. 1997 Capital Improvements Program Update Engineer Peterson had mailed a memorandum to the managers concerning an update on the Capital Improvements Program for the District. The managers discussed the items with Engineer Peterson. MANAGERS' REPORT District Goals for 1997 President Bucheck and the managers discussed the goals for the District in 1997. President Bucheck will compile a list of the goals for discussion at the March 13th Meeting: Bad Debt Response Attorney Marshall said he and Engineer Peterson have reviewed the files on the projects where money is owed the District and will report on this at another meeting. NEW BUSINESS There was no new business to discuss. 4 ADJOURNMENT Motion made by Brenner and seconded by Novak at 9:25 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary /4,7) Valley Branch Watershed District Minutes Approved by Managers 02/27/97 Enclosure J APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES OCT 15 '.J;i; Minutes of Regular Meeting #549 Held in the Lake Elmo City Council Chambers Thursday, September 26, 1996 MANAGERS PRESENT: Dave Parkin, President,; Dave Bucheck, Vice President; Ray Brenner, Treasurer; Steve Foley, Secretary; and dale Borash, Manager STAFF PRESENT: Randy Peterson, Engineer; Ray Marshall, Attorney; and Karen Schultz, Recording Secretary OTHERS PRESENT: Nic Winkel, CAC; Paul Bruggeman, Permit; and Ed Springborn, Permit CALL TO ORDER Meeting called to order by President Parkin at 7:02 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the September 12, 1996 meeting, motion was made by Parkin and seconded by Bucheck to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda: Engineering, "Paul Bruggeman and Springbom Permits"; and Sinkhole near West Lakeland Storage Site"; and Managers, "MAWD Annual Meeting"; "Fall Tour"; and "Metro Watershed Districts Meeting Report". PUBLIC FORUM There was no discussion in Public Forum. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. BARR ENGINEERING Paul Bruggeman and Ed Springborn Wetland Excavation Permits Engineer Peterson described two permit applications made by Paul Bruggeman and Ed Springbom to excavate a portion of a wetland located on their property for aesthetic purposes. Both of these proposals meet the requirements of Section IX, Subdivision 41 of the District's Rules and Regulations. Motion,was made by Parkin and seconded by Brenner to waive the permit fees and approve the permit applications with the engineers suggested recommendations. Motion carried unanimously. SECRETARY'S REPORT Secretary Foley said he had not picked up the District's mail, and that he will do so the next day and give the appropriate mail to Treasurer Brenner for his attention. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts BRW, Inc. , Project 96-5 - Escrow $ 8,000.00. Claims Barr Engineering -August 1996 Services $ 29,892.50 Lorraine Olchefske - Flood Damage - MnDNR Grant 31,500.00 Karen Schultz Expenses - 08/28/96 - 09/20/96 105.58 Motion made by Brenner and seconded by Parkin to accept the Treasurer's report. Motion carried unanimously. 2 Treasurer Brenner distributed copies of the VBWD Balance Sheet dated September 26, 1996. The information showed that there is a shortage in the District's funds to pay the current expenses. Treasurer Brenner said that the District will receive $555,000.00 in January 1997, as part of the annual levy. In discussion Attorney Marshall said a request could be made to Washington County, to borrow the maximum amount allowed, which is$200,000. Motion was made by Parkin and seconded by Foley to direct Treasurer Brenner and Attorney Marshall to proceed immediately to borrow the maximum amount from Washington County as an advance, in order to pay these expenses. Motion carried unanimously. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall reviewed the information on the collection of bad debts. He said there are four of the 10 debts on which he needs to follow up. Engineer Peterson said David Screaton had contacted him and asked for information concerning the $119.85 owed the District. Engineer Peterson said he is sending the information to Screaton. Attorney Marshall will report on this at the next meeting. INSPECTIONS Inspector Eklin discussed with the managers his inspections made since his last report. BARR ENGINEERING ( Cont.) Olson Lake Estates Pond Project Engineer Peterson said that things are getting near completion on the project. He also said he has received a proposed tree replacement plan from the City of Lake Elmo. The managers discussed with Engineer Peterson the restoration of the yards in front of homes in the project area. Lake Elmo Outlet Work Engineer Peterson said that the work is just about finished. The contractor had to extend the pipe out further into the lake than had been planned. The damaged pipe has been repaired. Northeast Metro Business Park Update Engineer Peterson said that copies of the restoration Orders had been sent to the City of Mahtomedi for wetland filling violations. He said there has been discussion of holding a meeting with the MnDNR, the City of Mahtomedi, and VBWD managers, to discuss the issue. Engineer Peterson was asked to invite the appropriate people to the managers' next meeting on October 10, 1996. Corps of Engineers - Hwy. 36 Bridge Wetland Permit Engineer Peterson described the proposed Highway 36 improvements that are scheduled to begin sometime in 1997. He explained that Highway 36 will be reconstructed from Manning Avenue to the St. Croix River, and that this work is outside of the Valley Branch Watershed District. The possibility of a new Highway 36 drainage system providing an outlet for Cloverdale and/or Sunnybrook Lake was also discussed. Sinkhole near West Lakeland Storage Site Engineer Peterson reported that a small sinkhole exists at approximately 764 Neal Avenue, near the West Lakeland Storage Site. It is a small repair project, and Inspector Eklin said he knows of a contractor, Pete Miller, in the area who could probably repair the sinkhole. He said he will contact him. MANAGERS' REPORT Advertising for Consultants President Parkin asked Karen Schultz to revise the last letters that were sent to the consultants in 1993, and to compose an ad for the local newspaper concerning consultants for the District. Attorney Marshall said the ad should be published twice in the District's legal paper. This will be discussed at the next meeting. 3 Fall Tour President Parkin said a Fall tour will be held in the Riley-Purgatory-Bluff Creek Watershed District area on Monday, October 7, 1996, and that any interested manager should attend. MAWD Annual Meeting President Parkin said the MAWD annual meeting is an important and informative event for the new managers, especially. Motion was made by Brenner and seconded by Parkin to approve the payment of expenses for any manager who attends the MAWD annual meeting in Alexandria in December 1996. Motion carried unanimously. Metro Watershed District Meeting Vice President Bucheck reported that he had attended the meeting of the Metro Watershed Districts held on September 17, 1996 at the Maplewood Community Center. He said the main issue at the meeting was the Geographic Information System, which is computer based technology to store all forms of geographic references. He said the Metropolitan Council has committed 1.2 million dollars in 1997 to begin the project. It is planned that for three years a Metropolitan GIS Policy Board will govern the project. Watershed District managers will be requested to serve on this board. Conrad Fiskness, of the Riley-Purgatory-Bluff Creek Watershed District, was appointed as the MAWD representative to that policy board. OLD BUSINESS Sunnybrook Lake Area Discussion Engineer Peterson said there is nothing new to discuss. ADJOURNMENT Motion made by Parkin and seconded by Foley at 8:23 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, 4,- Steve Foley, Secreta Valley Branch Watershed District Minutes Approved by Managers 10/10/96 APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES minutes of Regular Meeting#548 Held in the Lake Elmo City Council Chambers Thursday,September 12,1996 MANAGERS PRESENT: Dave Parkin,President,; Dave Bucheck,Vice President; Ray Brenner,Treasurer;Steve Foley,Secretary;and Dale ! �� Borash,Newly Appointed Manager 1! 2 ( STAFF PRESENT: Randy Peterson,Engineer; Ray Marshall,Attorney; SEP 3 0 1996 • and Karen Schultz,Recording Secretary . . OTHERS PRESENT: Candice Kraemer,Paul Bischoff,and Nic Winkel,CAC; Robert and Viola Miller,Olson Lake Estates Pond Project CALL TO ORDER Meeting called to order by President Parkin at 7:03 p.m. ANNOUNCEMENTS President Parkin introduced the newly appointed manager, Dale Barash, from Stillwater. He also announced that his term,as well as the term of Dave Bucheck,will expire on November 14, 1996. He said he has asked not to be reappointed. Vice President Bucheck said he has notified the Washington County Board of his willingness to be reappointed. Another announcement was of the upcoming meeting of the Association of Metropolitan Watershed Districts. Treasurer Brenner usually attends these meetings,but will be unable to attend the next meeting. Vice President Bucheck said he will attend that meeting on September 17th at the Maplewood City Hall. APPROVAL OF MINUTES After discussion of the minutes of the August 22, 1996 meeting, and an amendment to the Treasurer's Report to include the August payment of$250.00 to Mc wnkel for the easement on his property,man was made by Bucheck and seconded by Brenner to approve the minutes as corrected. Motion carried unanimously. OATH OF OFFICE At this time Attorney Marshall administered the oath of office to Dale Borash. ADDITIONAL AGENDA ITEMS Added to the agenda:Engineering,"Rest Area Dam and Eagle Point Dam inspections";and Managers,'Advertising for Consultants". PUBLIC FORUM Mr.and Mrs. Robert Miller were present to discuss with the managers the condition of the pond near their home now that the Olson Lake Estates Pond Project has been completed. They presented a letter and pictures to the managers, describing the condition of their home and driveway, since the project began. They informed the managers that their driveway,which had been damaged during the project,has been repaired, but not to their satisfaction. Engineer Peterson said he will beat the site next week and will stop at the Miller's to inspect their driveway. They also said that the inside of their home is covered with dirt and dust because of the reconstruction of the road in front of their house. The pond is dry,because of the dewatering necessary during the project. In discussion the managers and the engineer said that the pond will probably come back after the winter months. The Millers agreed to wait until spring of 1997 to see if the ground water comes back in the pond. After discussion, the managers asked the Millers to present the managers with a cost estimate for cleaning their house, and they may include the claim in the restoration costs. The Milers said their trees along the road may be in danger of dying, but this will not be known for some time.The managers thanked the Millers for attending the meeting and for the letter and pictures describing the damage. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. BARR ENGINEERING Olson Lake Estates Pond Project Engineer Peterson said most of the restoration is finished. He had submitted two pay requests from Bolander and Sons,and recommended payment. 2 SECRETARY'S REPORT Secretary Foley reported on the mail received since the last meeting. CITIZENS ADVISORY COMMITTEE TEE REPORT Lake Level Repast Chuck Taylor had mailed copies of the lake level report to the managers. The managers discussed the lake levels with him. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts SefI Retaining Wall Permit-#96-13 $ 50.00 Claims Lawson, Marshall,Attorneys-August 1996 Services $ 1,127.65 Tautges-Redpath-Payroll Tax Reports 165.00 Lake Elmo Bank-FICA Deposit 160.66 Barr Engineering-July 1996 Services 41,251.58 Carl Bolander and Sons-July 1996 100,062.54 -August 1996 56,088.95 fiti(m made by Parkin and seconded by Foley to accept the Treasurer's report. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion President Parkin asked for discussion of the Sunnybrook Lake area at this time.Candice Kraemer said there hasn't been any rain,so there has been no change since the last meeting. Engineer Peterson said that Mike Regan, with the Indian Hills Golf Course, plans to open discussion again with the Drusch family concerning the king of Enright Pond. He said he will meet with Mike Regan next week and report to the managers at the next meeting.Engineer Peterson also said that the Board of Water and Soil Resources has declared the Browns Creek WMO nonimplementing,and a letter will be sent to all concerned notifying that Washington County has 90 days to make a decision as to the future of the Browns Creek WMO. ATTORNEY'S REPORT Bad Debt Response Attorney Marshall had no new information on the bad debts. Karen Schultz had drafted a letter to David Screaton concerning a bad debt, and President Parkin approved it and signed it. BARR ENGINEERING(Cart.) Lake Elmo Outlet Work Engineer Peterson noted that Carl Bolander&Sirs,the same contractor working on the Olson Lake Estates Pond Outlet Project, has begun work on the Lake Elmo Outlet. Work involving extension of the original lake outlet and repair of the damaged Eagle Point Lake bypass pipe should be completed in the next two weeks. Northeast Metro Business Park Update Engineer Peterson said there is nothing to report at this time. It is in the hands of the Washington Soil and Water Conservation District. Nothing new has occurred. Rest Area Dam and Eagle Point Dam inspections Engineer Peterson said this is an annual inspection and it wiN be done this month or in October. MANAGERS'REPORT Discussion of Report from Auditor The managers had all studied the report, received earlier in the year,and none of the managers questioned the report. Motion made by Parkin and seconded by Brenner to accept the Valley Branch Watershed District Annual Financial Report dated December 31, 1995 and the Management Report and Recommendations dated December 31, 1995. Motion carried unanimously. 1997 Budget Approval Treasurer Brenner said the managers needed to approve the proposed 1997 budget so that a copy of the budget can be sent to the County Auditors.A public hearing will be held in October 1996 to approve the 1997 budget of$1,091,400. Motion made by Parkin and seconded by Foley to accept the proposed budget for 1997 and set the public heating date as October 24, 1996 at 8:00 p.m. at the Lake Elmo City Hall, and to authorize the District's attorney to publish • a 3 the hearing notice for two successive weeks in the Oakdale-Lake Elmo Review and the Ramsey County Review. Motion carried unanimously. Advertising for Consultants Karen Schultz said that she will send a copy to President Parkin, of the most recent letters sent to the consultants,which were last sent in 1993. The advertising for consultants is done every two years. OLD BUSINESS(Cort) Oak Pail Heights Water Management Plan There was little discussion on this issue. Them has been no word from the City of Oak Park Heights regarding the amendment of its Plan. ADJOURNMENT Mgdm made by Parkin and seconded by Brenner at 8:40 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District • Minutes Approved by Managers 09126196 APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting#547 Held M the Lake Elmo City Council Chambers Thursday,August 22,1998 MANAGERS PRESENT: Dave Bucheck,Vice President; Ray Brenner,Treasurer; ( �' and Steve Foley,Secretary 1 sEp MANAGER ABSENT: David Parkin,President 16 1996 STAFF PRESENT: Jon Lennander,Engineer;Ray Marshall,Attorney; — –. Dale Eklin,inspector;and Karen Schultz,Recording SeaMl OTHERS PRESENT: Cando)Kraemer,and Nic Winkel,CAC;Dennis R.Griswold, Puke Homes;and Beth Kunkel,Imatlon Wetland Permit CALL TO ORDER Meeting called to order by Vice President Bucheck at 7:05 p.m. ANNOUNCEMENTS Vice President Bucheck announced that President Parkin would not be present at this meeting. APPROVAL OF MUTES After discussion of the minutes of the August 8, 1996 meeting,maks was made by Brenner and seconded by Foley to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda: New Business, 'Balance of Payments to Olson Lake Estates Pond Project Contractor". PUBLIC FORUM No discussion in'Public Forum. CHANGE NI ORDER OF AGENDA ITEMS Vice President Bucheck authorized the moving of agenda items at this time. OLD BUSINESS Sunnybrook Lake Area Discussion Vice President Bucheck asked for discussion of the Sunnybrook Lake area at this time. Engineer Lennander said that since the vote at the July 31st meeting concerning the dissolution of the Browns Creek WMO,it has been decided that the issue will be turned over to Washington County officials fora decision as to the future of the Browns Creek WMO. Washington County has 90 days to make this decision. SECRETARY'S REPORT SecretaryFoley ey reported on the mail received since the last meeting. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts No Receipts Claims Lawson, Marshall,Attorneys-July 1996 Services $ 540.00 Dave Bucheck-04-16-96-08-22-96 Per Diem 426.37 Dale Eklin, inspector-Services 02-07-96-07-24-96 1,118.92 Karen Schultz-Expenses 07/29/96-08/20196 120.43 Thomas Wiener(Cardinal Home Builders)-Return of Escrow-Briscoe Driveway 9,261.87 Payment to Nic Winkel for Easement for August 1996 250.00 Min made by Brenner and seconded by Foley to accept the Treasurer's report. Motion carded unanimously. 2 ATTORNEY'S REPORT Attorney Dietz Leaving Attorney Marshall said that Jennifer Dietz is leaving the law firm and will no longer be representing VBWD. Attorney Marshall said he will be attending VBWD meetings and representing the District. Bad Debt Response Attorney Marshall said that Attorney Dietz will mail information on this issue to the managers before the next managers'meeting. BARR ENGINEERING imation Company Beth Kunkel, BRW, Inc.,was present to discuss a permit for wetland replacement in the Imation Company's project located in the City of Oakdale,east of 1-694, north of TH5, south of 40th Street, and west of Ideal Avenue. The 130-acre parcel owned by Imation Enterprises and the property north of this owned by 3M Corporation is located in Section 17, Township 29N, Range 21W. The applicant had submitted a wetland replacement plan application to the District for filling of 0.38 acres of Type 1 wetland in accordance with the Wetland Conservation Act. After discussion,gam made by Brenner and seconded by Foley to approve the permit application 96-11 as outlined by the District's engineer in his memorandum dated August 19, 1996. Motion carried unanimously. MaricgnJs Lake 3rd Addition Permit Engineer Lennander had mailed to the managers information on the Markgrafs Lake Court&Clubs 3rd Addition(Permit 96-10). The project is located south of Hudson Road and northeast of Markgrafs Lake, in the east half of the southeast quarter of the northwest quarter of Section 2, Township 28, Range 21, in Woodbury. The applicant is proposing to develop the 12.5-acre area for 12 multi-family units. Included in the proposed project is site grading and the construction of St. Johns Drive, watermains, sanitary sewer, and a storm sewer system. The storm sewer system consists of approximately 1,400 feet of storm sewer pipe which drains to a ponding facility prior to discharging to a wetland located on the northeast side of the site. At the last managers' meeting, the managers moved to disapprove the permit application 96-10, and to request that the applicant redraft the proposal to include a 16.5 foot buffer strip as required by VBWD Rules. Dennis Griswold, from Pulte Homes of Minnesota,was present at this meeting to explain to the managers the modification that would create the 16.5-foot buffer strip around the wetland. Mr. Griswold said it was important that the project get started by September 3, 1996.After discussion,mssfigo was made by Bucheck and seconded by Foley to approve the permit application on the condition that the revised plans and specifications, showing the change to allow for a 16.5 foot buffer strip, are submitted to and approved by Barr Engineering before any grading begins. Motion carried unanimously. Olson Lake Estates Pond Outlet Project Engineer Lennander said the pipeline is very close to completion in the Olson Lake Estates Pond Outlet project. He said he had received a call from a resident near Pebble Park who was concerned because the pond near her home was dry. He said he feels that the water will come back as soon as the project is completed and the contractor is not dewatering any longer. Northeast Metro Business Park Update Engineer Lennander distributed a memorandum from Engineer Peterson concerning the wetland violations that occurred when constructing Long Lake Road as part of the Northeast Metro Business Park in Mahtomedi. The managers had directed the engineer to verbally discuss the wetland violations with the applicant. Engineer Peterson said it is unknown how the agencies involved in the restoration will address the wetland violations that have occurred. In his memorandum, Engineer Peterson advised the managers to wait until the wetland issues are further addressed before trying to enforce the District permit. Olchefske Permit Engineer Peterson had mailed a copy of the permit application for the Olchefske family. The project is located at the Olchefske residence on Long Lake in the City of Mahtomedi. The home is on the north end of Long Lake in the southwest 1/4 of the southwest 1/4 of Section 32,Township 30 North, Range 21 West. Engineer Lennander told the managers that the work has already been started, and the existing house is being torn down. The existing home has experienced 3 frequent flooding, since the normal operating elevation of Long Lake is approximately equal to the basement floor elevation. Long Lake experiences frequent fluctuations due to the 10-inch orifice outlet from the lake, which was determined to be necessary as part of Project 1007 to detain flood waters at the lake. The VBWD had assisted the Olchefske family in successfully obtaining grant money from the MnDNR to pay for a portion of demolishing the existing structure and building a new home on the lot. After discussion of the water management concerns and the erosion control concerns, WM was made by Foley and seconded by Brenner to accept the permit application as outlined in the August 16, 1996 memorandum from Engineer Peterson. Motion carried unanimously. Seip Retaining Wall(Permit 9613) Engineer Peterson had mailed information on a project located at 4941 Olson Lake Trail at the northwest comer of Olson Lake, in the northeast quarter of Section 8,Township 29 North, Range 21 West in Lake Elmo. The applicant is proposing to clear an area of dead and diseased trees and construct a lake access walkway winding down a slope to Olson Lake. A series of retaining walls are proposed to be constructed with this walkway. The applicant was unaware that he needed a District permit for this project, so the project has already been started, but was discontinued until a permit is approved. After discussion of water management concerns and erosion control concerns, Balm was made by Brenner and seconded by Foley to approve the permit application with the engineer's suggested conditions of approval. Motion carried unanimously. QLD BUSINESS(Cont) Oak Paris Heights Water Management Plan There was little discussion on this issue. There has OLD no word from the City of Oak Park Heights, and this item will be on the agenda of the September 12, 1996 managers' meeting. NEW BUSINESS Balance of Payments to Olson Lake Estates Pond Project Contractor Treasurer Brenner reported that there aren't sufficient funds at this time to pay the contractor in the Olson Lake Estates Pond project. After discussion, Attorney Marshall said transferring funds should not be a problem. He said he will have some information for the managers at the September 12, 1996 meeting. ADJOURNMENT Motion made by Brenner and seconded by Foley at 8:17 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, i Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 09112196 APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting#546 Held in the Lake Elmo City Council Chambers Thursday,August 8, 1996 MANAGERS PRESENT: David Parkin, President; Ray Brenner,Treasurer; and Steve Foley MANAGER ABSENT: Dave Bucheck,Vice President STAFF PRESENT: Randy Peterson, Engineer;Jennifer Dietz,Attorney; - and Karen Schultz, Recording Secretary SEP - 41996 OTHERS PRESENT: Candice Kraemer, Paul Bischoff, Nic Winkel,CAC; Paul Danielson,Imation,Inc. CALL TO ORDER Meeting called to order by President Parkin at 7:07 p.m. ANNOUNCEMENTS President Parkin said that Vice President Bucheck would not be present at this meeting. APPROVAL OF MINUTES After discussion of the minutes of the July 25, 1996 meeting, motion was made by Parkin and seconded by Brenner to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS Added to the agenda: Attorney Report, "Bad Debt Response"; Engineering Report, "NE Metro Business Park"; Managers' Report, "Election of Secretary" and "Washington County Meeting July 30th". PUBLIC FORUM No discussion in Public Forum. CITIZENS ADVISORY COMM TTEE REPORT Chuck Taylor was absent, but had mailed his monthly lake level report to the managers. The managers discussed the contents of the report. SECRETARY'S REPORT Treasurer Brenner had picked up the mail, in the absence of a Secretary for the Board, and distributed the mail appropriately. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts Pulte Homes of Minnesota Corp. -P.A. 96-10 $ 4,900.00 Claims Barr Engineering-June 1996 Services 39,653.12 Jim Buelow-04-11-96-07-25-96 Per Diem 619,98 Motion made by Parkin and seconded by Foley to accept the Treasurer's report. Motion carried unanimously. ATTORNEY'S REPORT Pebble Park Contract President Parkin said he and Attorney Dietz had attended the Lake Elmo Council meeting on August 6th where the contract for Pebble Park was discussed and extended until October 1, 1996. Bad Debt Response Attorney Dietz said she had no more information on this issue, and that she will be in contact with Karen Schultz regarding a letter to be written to one of the debtors. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. BARR ENGINEERING Imation Company Engineer Peterson presented information and plans for a commercial development site located in the City of Oakdale, bound by Interstate 694, Highway 5, 40th Street North, and Ideal Avenue. 2 The southern portion of this site will be the home of the 3M spinoff company named Imation Corporation. The project site is comprised of subwatersheds OL-13 and OL-14 as designated in the VBWD Water Management Plan. Since no surface water outflow leaves this site during average conditions,but is proposed for future conditions,the VBWD has upgraded a series of existing storm event models to determine the potential downstream impacts and to ensure that the site design will meet the Rules and Regulations of the VBWD. An official submittal for drainage issues concerning discharge into the City of Lake Elmo will likely be completed this fall. The proposal involves less than 1/2 acre of wetland. Engineer Peterson explained that a permit application for wetland impact will be on the agenda at the next VBWD meeting. The applicant would like to establish a comment period at this meeting, so that the permit can be discussed at the managers' meeting on August 22, 1996. After discussion, motion made by Parkin and seconded by Brenner to adopt the policy as stated in the July 22, 1996 memorandum from Engineer Peterson concerning Wetland Conservation Act Changes, regarding a comment period of 10 days for wetland impacts of less than 0.5 acres and a 30-day comment period for impacts greater than 0.5 acres. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Discussion President Parkin asked Candice Kraemer about the condition of the roads. She said the roads are good now. President Parkin said he had attended a meeting of the League of Local Governments on July 30th,to hear a discussion of the water management issues within Washington County. He said there was a little discussion of the Browns Creek WMO. He also said there was a meeting held on July 31st at the Washington SWCD office of the eight entities making up the Browns Creek WMO,to vote on whether to dissolve the Browns Creek WMO. Six of the eight entities were represented and four voted to dissolve the Browns Creek WMO, and two voted not to dissolve the WMO. The Browns Creek WMO is still in existence. The decision now is up to the Board of Water and Soil Resources(BWSR). BWSR will have 90 days to make a decision. BARR ENGINEERING (Cont.) Olson Lake Estates Pond Outlet Project Engineer Peterson said the work has been completed on Lake Jane Trail. The road is open to traffic, and is ready to be paved. Lake Elmo Outlet Engineer Peterson had sent a copy of a letter he had received from MnDNR,which letter authorized the repair of the Eagle Point Lake bypass pipe, and the extension of the Lake Elmo outlet pipe,as requested by the District. He said that the MnDNR had suggested the installation of a fish barrier when the Lake Elmo outlet is repaired, but it had not been mentioned in the above letter. Engineer Peterson said he didn't know if it is necessary, but that there is a carp problem in the area. President Parkin asked him to get a cost estimate and suggested that the MnDNR may help pay for the fish barrier. Browns Creek WMO Update This was discussed earlier in the discussion of the Sunnybrook Lake area. Markgrafs Lake 3rd Addition Engineer Peterson presented information and plans for the Markgrafs Lake Court&Clubs 3rd Addition in Woodbury. This project is located south of Hudson Road and northeast of Markgrafs Lake, in the east half of the southeast quarter of the northwest quarter of Section 2, Township 28, Range 21, in Woodbury. The applicant is proposing to develop the 12.5-acre area for 12 multi-family units. Included in the proposed project is site grading and the construction of St.Johns Drive,watermains,sanitary sewer,and a storm sewer system.The storm sewer system consists of approximately 1,400 feet of storm sewer pipe which drains to a ponding facility prior to discharging to a wetland located on the northeast side of the site. The applicant is requesting a variance from the VBWD Rules and Regulations,which demand a 16.5-foot buffer strip around the wetland. After discussion of the wetland protection concerns, the water management concerns, and the erosion control concerns, motion was made by Parkin and seconded by Brenner to disapprove the permit application as presented, and to 3 request that the applicant redraft the proposal to include a 16.5 foot buffer strip as required by VBWD Rules. Motion carried unanimously. Olchefske Home on Long Lake Engineer Peterson said he has been at the site of the Olchefske home on Long Lake. He said a permit is required for the work being done. The permit has been applied for, after the fact, and the managers instructed Engineer Peterson to complete the permit application for the managers'approval. Northeast Metro Business Park Engineer Peterson presented some maps and plans of the area in Mahtomedi where the Roadway Services Building and the Northeast Metro Business Park are being constructed. The City of Mahtomedi is constructing the new road for the project, and has impacted the wetland. Cathy Hamm, MnDNR enforcement officer, issued a Cease andDdesist Order due to lack of silt fence protection that was requested to protect a wetland on the site. The following day Cathy Hamm visited the site and Bound unpermitted fill had been placed into the wetland with silt fence installed at the base of the fill. The MnDNR then stopped all operations on the project site, including paving of the roadway, until a Technical Evaluation Panel could meet and prepare a restoration order to correct and mitigate for the violation. President Parkin suggested that the VBWD could write a letter to the City of Mahtomedi concerning their non-compliance with the permit issued to them by VBWD. After discussion, the managers asked Engineer Peterson to contact the City of Mahtomedi verbally about putting together some schedules. MANAGERS'REPORT Managers'Report from the Auditor;District Finances President Parkin tabled this item until the meeting of September 12th because both he and Engineer Peterson will not be at the August 22nd meeting. Treasurer Brenner reminded the managers that the 1997 budget needs to be submitted to the County by September 15th. Engineer Peterson said he will confirm the engineering expenses for 1997. Election of SSI Motion made by Parkin and seconded by Brenner to elect Steve Foley as Secretary of the Board of Managers for the VBWD. Motion carried unanimously. OLD BUSINESS(Cont) Oak Park Heights Water Management Plan President Parkin said he has talked to the City of Oak Park Heights Administrator, Mike Robertson,since the letter from President Parkin and Engineer Peterson has been sent, but the Administrator had not received the letter yet. President Parkin said he asked the City Administrator to call him if he had any questions after receiving the letter. ADJOURNMENT MORD made by Brenner and seconded by Foley at 8:55 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 08122/96 APPROVED • VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting 11545 Held in the Lake Elmo City Council Chambers Thursday,July 25, 1996 MANAGERS PRESENT: David Parkin,President;Dave Bucheck,Vice President, Ray Brenner,Treasurer;Jim Buelow,Secretary(at 7:30);and Steve Foley,Newly appointed Manager STAFF PRESENT: Randy Peterson, Engineer;Ray Marshall,Attorney;Dale Eklln, Inspector;and Karen Schultz,Recording Sea tmy OTHERS PRESENT: Candice Kraemer,Paul Bischoff, Allen Pearson,and Nic J �— - --_ Winkel,CAC;Barbara Ohman,BWSR i! )" r' AUG 1 91996 II CALL TO ORDER Meeting called to order by President Parkin at 7:02 p.m. ANNOUNCEMENTS President Parkin introduced a new manager, Stephen Foley, appointed by the Washington County Board of Commissioners to replace Jeff Peterson. Secretary Buelow did confirm that he has moved from the District and this is his last meeting to attend as a manager. APPROVAL OF MINUTES After discussion of the minutes of the July 11, 1996 meeting,gigtign was made by Parkin and seconded by Bucheck to approve the minutes as corrected.Motion carried unanimously. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. OATH OF OFFICE At this time Attorney Ray Marshall administered the oath of office to Stephen Foley. ADDITIONAL AGENDA ITEMS WCA Notification Update was added as Item 6.E. 5. PUBIJC FORUM Paul Bischoff,CAC,was present to inform the managers that he wishes to continue as a Citizens Advisory Committee member. SECRETARY'S REPORT Secretary Buelow had not arrived at the meeting,and President Parkin reviewed the mail that he had received since the last meeting and discussed it with the managers. In the mail was correspondence from the City Administrator of the City of Ooic Park Heights.The letter indicated that the City had sent a letter to VBWD dated June 11, 1996 requesting water management plan information. This will be discussed at a later time in the meeting. MANAGERS'REPORT Discussion of Citizens Advisory Committee Activity President Parkin noted that Paul Bischoff was present to indicate that he wished to remain on the VBWD Citizens Advisory Committee. He informed Mr. Bischoff that the CAC can be very useful. Vice President Bucheck said that the managers need input from the citizens on many issues. President Parkin said he plans to send a letter to the CAC members soon. BARR ENGINEERING Browns Creek WMO Update The managers asked Barbara Ohman,from the.Board of Water and Soil Resources,to elaborate on the current situation of the Browns Creek Water Management Organization. Barbara Ohman explained that the WMO was not able to come to a joint powers agreement to accomplish what was needed, and was not effective.She said according to law,when a WMO is dissolved,the responsibility for water management in that area goes to the County automatically.The county has a choice of taking on that planning authority,or it can petition for a watershed district. Secretary Buelow entered the meeting at 7:30 p.m.during the Browns Creek WMO discussion. 2 Barbara Ohman suggested the managers attend a meeting on Tuesday,July 30th of the League of Local Governments at 7:00 p.m. in the Washington County Government Center. The issue of the Browns Creek WMO will be discussed at that meeting. Barbara Ohman said the managers should make their interests known at that meeting. Attorney Marshall suggested to the managers that they listen to the Washington County Board, but he disagrees that the managers should take any position at this time. He said there are many things to take into consideration before making a decision. The managers agreed that they need to discuss the issue at length before making a decision. President Parkin and Treasurer Brenner will attend the meeting on July 30th. ATTORNEY'S REPORT Pebble Park Contract Attorney Marshall said the Contract with Pebble Park for the Olson Lake Estates Pond project work expires on August 1, 1996, and the discussion of the extension of the Contract is an agenda item on the City of Lake Elmo Council meeting of August 6th. He said it is likely that the City Council will approve the extension of the Contract. President Parkin will attend the Lake Elmo City Council meeting on August 6th. BARR ENGINEERING (Cont.) Olson Lake Estates Pond Outlet Project Engineer Peterson said the contractor has approximately 1,000 feet of the 6,100 feet o pipeline left to install. He feels that the pipeline will be fully operational in mid- August. He said that work is getting completed on Lake Jane Trail at the rate of about 40 feet of pipeline per day, and the Trail should be open to through traffic in about two weeks. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts State of Minnesota-HACA $ 89,943.00 MnDNR-Flood Damage Grant- 31,500.00 Claims Cart Bolander&Sons-Olson Lake Estates Pond Project 115,960.33 IRS-FICA 433.65 Dave Parkin-March 14-July 25, 1996 Per Diem 500.00 Karen Schultz Expenses June 18-July 25, 1996 148.42 Wks made by Buelow and seconded by Parkin to accept the Treasurer's report. Motion carried unanimously. INSPECTIONS REPORT Inspector Eklin reported on his inspections made since his last report to the managers. ENGINEER'S REPORT(Cont.), Roadway Services Update Engineer Peterson said that all corrective actions previously requested by the District for protection of wetlands have been implemented. Lake Elmo Outlet Engineer Peterson reported that the outlet has been cleaned out a few times after debris has been thrown in. He said he hasn't asked Bolander Construction to begin the project because he doesn't want to cause any slowdown in the Olson Lake Estates Pond Project. Wetland Conservation Act Notification Update Engineer Peterson reported that there has been a change in the notification procedures regarding filling of wetlands . It is no longer necessary to publish in the newspaper the request for wetland changes. OLD BUSINESS Sunnybrook Lake Area Engineer Peterson told the managers that he has sent a letter to the MnDNR formally asking them for a decision concerning Browns Creek WMO. He said he has not gotten a response yet. President Parkin asked Candice Kraemer what the situation is on Keats Avenue and Jocelyn Road. She said the roads are dry. Oak Park Heights Water Management Plan President Parkin read a letter to the managers from the City of Oak Park Heights dated July 15, 1996,concerning the City's water management plan,and the fact that the City Administrator has not ' 3 been able to contact Engineer Peterson. In the letter the City Administrator said he had written a letter to Engineer Peterson dated June 11, 1996, and has tried to contact him by telephone, but has not been successful. The City Administrator also asked that the VBWD minutes cease to show that the District has not heard from the City of Oak Park Heights concerning this issue. Engineer Peterson said prior to the letter from the City of Oak Park Heights dated June 11, 1996, he called City Administrator Mike Robertson immediately after Attorney Dietz had notified him that she had received a call from Mike Robertson. Engineer Peterson told Mike Robertson that he had sent an informal memo to the City's Engineer asking for information on some of the items that he had commented on in the City's water management plan,and was waiting for that information. Engineer Peterson now told the managers that just this week he received, by fax, the information for which he had asked. President Parkin and Engineer Peterson said they will compose a letter to the City of Oak Park Heights. Managers'Report from the Auditor;District Finances President Parkin tabled this item until the next meeting when the new manager, Steve Foley,will have had time to review the information. ADJOURNMENT Motion,made by Parkin and seconded by Brenner at 9:02 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, Steve Foley, Secretary Valley Branch Watershed District Minutes Approved by Managers 0W08196 t 1 Memorandum A/ Bonestroo Rosene NMI To Randy Peterson,Barr Engineering/Valley Branch WD Engineers From Dan Edgerton Re Oak Park Heights Annexation Area Surface Water Management Plan File 55 General Date : July 15, 1996 In response to your comments on the 12/23/95 Oak Park Heights Annexation Area SWMP,as contained in your 4/1/96 memo and per our phone conversation, I have gone through our old work files and performed some additional analysis,with the following results: 1. As you stated,your first comment on the future outlets in the two landlocked areas is for our information only. These areas are not currently planned to be developed;however,we feel it is prudent to provide for outlets in the event that they do someday develop. 2. Your second comment relates to the South Pond on the Stillwater High School site. Our 1991 computations called for a high water level(HWL)of 921 in this pond,while the HWL contained in the 12/23/95 SWMP is 923.5. Subsequent to our phone discussion,I reanalyzed this area and lowered the curve number to better reflect existing conditions in the area. This change lowered the HWL to 922.1, which we are proposing as the revised HWL for this pond. The new HWL of 922.1 is still higher than the previous value of 921. There are two reasons for this. First,the estimated direct drainage area to this pond increased by about 20 acres,reflecting new grading plans developed since the 1991 computation. The additional area consists of about 5 acres near the pond in the northwest corner of this property,which now drains directly to the South Pond rather than to the northwest pond,and 15 acres to the south and west of the school site,which was previously assumed to drain away from the South Pond. Second, the two landlocked areas discussed in No. 1 above are now assumed to someday drain to the South Pond. Previously, it was assumed that these areas would drain south to McDonald Lake. Diverting these areas away from the South Pond would lower its HWL to 921.5. The pertinent portions of the revised HydroCAD computations are attached for your information. The first printout is for the South Pond(Pond 42 in the model)with the reduced curve number in the local drainage area (Subcatchment 421 in the model). The second printout contains the results if the two landlocked areas are diverted away from the South Pond. Please call me at 604-4820 if you have any questions about the information contained in this memo. • j:\55\55121\vbwdresp.wpd it'K Modt( rum 'AM rGvlSCc 601.1 subatchMGtiJ-42f le I Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5.9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HydroCAD 4. 00 000429 (c) 1986-1995 Applied Microcomputer Systems WATERSHED ROUTING —A 4 a A iso � t 41:1 AIN� 071 1 A > 4 4-- gat sat ®v \, „, ae, Ott 9J1 ,iiir \ \ \ c) X21 �<~�1 ®�®�® on,\ % it 0 SUBCATCHMENT n REACH A POND Z LINK Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5.9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HydroCAD 4.00 000429 (c) 1986-1995 Applied Microcomputer Systems SUBCATCHMENT 421 Area 421 PEAK= 226 .0 CFS @ 11.94 HRS, VOLUME= 17 .17 AF ACRES CN SCS TR-20 METHOD 81.00 68 TYPE II 24-HOUR RAINFALL= 5.9 IN SPAN= 0-40 HRS, dt=.2 HRS Method Comment Tc (min) DIRECT ENTRY Segment ID: 10.0 SUBCATCHMENT 421 RUNOFF Area 421 220 - 203 - AREA= 81 AC 180 - Tc= 10 MIN 160 - CN= 68 140 - SCS TR-20 METHOD u 120 - TYPE II 24-HOUR 100 - RAINFALL= 5 . 9 IN of 88 PEAK= 226 . 0 CFS la-_1 60 @ 11 . 94 HRS 40 - UOLUME= 17 . 17 AF 20 - J L i , 0i s. I I I I 0 M m LO m LO 0 LO m cu CV rri rr) d- TIME (hours ) Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5 .9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HvdroCAD 4.00 000429 (c) 1986-1995 Applied Microcomputer Systems POND 42 Pond 42 Qin = 269. 8 CFS @ 11.95 HRS, VOLUME= 48.57 AF Qout= 11.3 CFS @ 24 .28 HRS, VOLUME= 25.71 AF, ATTEN= 96%, LAG= 739.9 MIN ELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK STORAGE = 42.60 AF 904.0 0 .00 ===DOPEAK ELEVATION= 922.1 FT 906.0 .50 FLOOD ELEVATION= 926.0 FT 908.0 2 .10 START ELEVATION= 915.0 FT 910.0 4.70 SPAN= 0-40 HRS, dt=.2 HRS 912 .0 8.30 914.0 12.90 916.0 18 .60 918.0 25.30 920.0 33 .10 922 .0 41.90 924.0 51.70 926.0 62 .60 # ROUTE INVERT OUTLET DEVICES 1 P 915.0 ' 21" CULVERT n=.013 L=1915 ' S=.0025' /' Ke=.5 Cc=.9 Cd=.6 POND 42 INFLOW & OUTFLOW Pond 42 260 - 240 - STOR- IND METHOD 220 - PEAK STOR= 42 . 60 AF 200 - PEAK ELEU= 922 . 1 FT /, 180 - (+- 160 - Qin 269 . 8 CFS 140 - Qout= 11 . 3 CFS 120 - LAG= 739 . 9 MIN 0 100 80 60 - 40 - em LC) 0 LC) m LC) m LC) m r CV CV j TIME (hours ) , le ic Motu'( r•'n wi ih 7wo fa+vt iec fud artsiS dkr f rrt icwot Anillih ecmd *Y Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5.9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HydroCAD 4 .00 000429 (c) 1986-1995 Applied Microcomputer Systems WATERSHED ROUTING Al`—A1--41 l' \41) A 0 0 ° gi e A,T A , J, e A er e e 0 ,..\ . \ 0 \ \ \ c) I t Thi s out 4 o A rout tb sea), 4�"—___„ Po wl CPond 42) 0SUBCATCHMENT n REACH APOND -_' LINK Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5.9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HydroCAD 4.00 000429 (c) 1986-1995 Applied Microcomputer Systems SUBCATCHMENT 421 Area 421 PEAK= 226 .0 CFS @ 11.94 HRS, VOLUME= 17 .17 AF ACRES CN SCS TR-20 METHOD 81.00 68 TYPE II 24-HOUR RAINFALL= 5.9 IN SPAN= 0-40 HRS, dt=.2 HRS Method Comment Tc (min) DIRECT ENTRY Segment ID: 10.0 SUBCATCHMENT 421 RUNOFF Area 421 220 - 200 - AREA= 81 AC 180 - Tc= 10 MIN r-. 160 - CN= 68 140 - SCS TR-20 METHOD u 120 - TYPE II 24-HOUR 100 - RAINFALL= 5 . 9 IN 0 80 - _J 60 - PEAK= 226 . 0 CFS 40 - @ 11 . 94 HRS VOLUME= 17 . 17 AF 20 - cv cv rri TIME (hours ) • Data for OAK PARK HTS, 55121, DJE, 100-yr, Annex Area TYPE II 24-HOUR RAINFALL= 5.9 IN Prepared by Bonestroo, Rosene, Anderlik, and Assoc. 15 Jul 96 HydroCAD 4 .00 000429 (c) 1986-1995 Applied Microcomputer Systems POND 42 Pond 42 Qin = 268.6 CFS @ 11.95 HRS, VOLUME= 42 .50 AF Qout= 10.9 CFS @ 23 .99 HRS, VOLUME= 24.80 AF, ATTEN= 96%, LAG= 722.8 MIN ELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK STORAGE = 39.75 AF 904.0 0 .00 PEAR ELEVATION= 921.5 FT 906.0 .50 FLOOD ELEVATION= 926.0 FT 908.0 2 .10 START ELEVATION= 915.0 FT 910.0 4.70 SPAN= 0-40 HRS, dt=.2 HRS 912 .0 8.30 914.0 12 .90 916.0 18.60 918.0 25.30 920.0 33 .10 922 .0 41.90 924.0 51.70 926.0 62 .60 # ROUTE INVERT OUTLET DEVICES 1 P 915 .0 ' 21" CULVERT n=.013 L=1915' S=.0025'/' Ke=.5 Cc=.9 Cd=.6 POND 42 INFLOIJ & OUTFLOW Pond 42 250 - 240 - STOR- IND METHOD 220 - PEAK STOR= 39 . 75 AF 200 - PEAK ELEU= 921 . 5 FT r, 180 - 160 - Qin 268 . 6 CFS U Qout= 10 . 9 CFS 120 - LAG= 722 . 8 MIN 100 -� 80 - 60 40 - em Li) m m L(7 m CV CV tr7 rr) • TIME (hours ) Enclosure I I 11' !ft .. il'1 .43:Ai; Ai .... July 30, 1996 rg �� /cta `� - 2 �� ' Mr. Michael Robertson V City Administrator City of Oak Park Heights 14168 North 57th Street P. O. Box 2007 Oak Park Heights, MN 55082 Re: Oak Park Heights Annexation Area Surface Water Management Plan City of Oak Park Heights/Valley Branch Watershed District Dear Mr. Robertson: This letter is in response to your recent correspondence concerning a request for information on your Water Management Plan. The original request, dated April 1, 1996, was made by facsimile in the form of a transmittal letter to Dan Edgerton of Bonestroo, Rosene,Anderlik &Associates. Our engineer spoke with Mr. Edgerton within one week of this request and was told that this would be discussed with Joe Anderlik and a response would be sent addressing the Watershed District's concerns. Our engineer also informed Mr. Edgerton that this was not an urgent issue. We received a response from Bonestroo &Associates on July 22, 1996. The concerns the District has with the city's Water Management Plan are the proposed outletting of landlocked areas to the Cloverdale Lake watershed and the increase shown in the predicted 100-year flood elevation for the "South Pond" on the Stillwater High School property. The city's Water Management Plan indicates the need for outlets from two landlocked areas which, prior to downstream development, appeared to be tributary to McDonald Lake if an overflow were to occur. Mr. Edgerton has indicated in his response that "it is prudent to provide outlets in the event that they (these areas) someday develop." At this time, the District would deny a request to outlet these areas to the Cloverdale Lake watershed due to the current level of Cloverdale Lake. Secondly, the revised 100-year flood elevation for the South Pond on the Stillwater High School site has been increased to either elevation 922.1 or 921.5 (from 921.0), dependent on the outletting of landlocked areas discussed above. This change appears to be primarily due to area once assumed to be directly tributary to Cloverdale Lake being diverted to the South Pond prior to discharging to Cloverdale Lake. Since this most likely will not change the amount of runoff reaching Cloverdale Lake, the District can propose a revision of the 100-year flood elevation to 921.5. However, permission will be required from the riparian property owners before the District canadopt a new flood level. Please inform me if you would like the District to formally pursue this.revision, DAVID PARKIN DAVE BUCHECK JEFF PETERSON RAY BRENNER JAMES BUELOW All. VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 W.Michael Robertson Page 2 July 30, 1996 The District's intent is to work cooperatively with the city of Oak Park Heights and its neighboring communities to most efficiently manage the water resources in the area. I can be reached at 572-5029. Sincerely, David Parkin, President Valley Branch Watershed District DP/mst c: VBWD Managers Jennifer Dietz Lorne Wikstrom M. Schmiesing Paul Bischoff Joe Anderlik Dan Edgerton 2382174\40383-1 CITY OF OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 July 15, 1996 Valley Branch Watershed District Managers PO Box 838 Lake Elmo, MN 55042 Re: City of Oak Park Heights Request for Water Management Plan Information Dear Managers : I am writing to you on behalf of the Oak Park Heights City Council because we see that you continue to note in your minutes that we have not contacted you. I am enclosing a copy of a letter we sent you dated June .11, 1996 . In that letter it states that we have attempted to contact your engineer but have been unable to do so. Our City Engineer is still attempting to contact your engineer to find out the information he wants but has not been successful . - The Oak Park Heights City Council respectfully requests the following 1) Since we are trying to contact you, please stop putting in your minutes that you haven' t heard from us. 2) Since a letter stating this was mailed in time for your June meeting, please amend your June minutes to reflect this fact. Please contact me and I will be happy to see that whatever information you need gets to you. . Sincerely, ii Michael Robertson City Administrator cc: City Council Copy Tree City U.S.A. CITY OF : OAK PARK HEIGHTS 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 w C J June 11, 1996 Valley Branch Watershed District Managers PO Box 838 Lake Elmo, MN 55042 Re: City of Oak Park Heights Request for Water Management Plan Information - -. Dear Managers I am writing. to you on behalf of the Oak Park Heights City • Council because we have noted in your recent meeting minutes statements that we _have not responded to a request from your - engineer for information about our Water Management Plan. Our -City Engineer has tried to contact your engineer to find out what this information is but has not been able to reach him. We sent your engineer a copy of the City' s Water Management Plan. on February 23, 1996 . I am unaware of any request for further information that we have received since then. Please let me know what further information you need and I will be happy to see that it gets to you. Sincerely, Michael Robertson • City Administrator cc: City Council • yqo Tree City U.S.A. --ACTON , WASHINGTON COUNTY James R.Schug ,r ., Z�\ OFFICE OF ADMINISTRATION County Administrator GOVERNMENT CENTER Virginia Erdahl 14900 61ST STREET NORTH•STILLWATER, MINNESOTA 55082-0006 Deputy Administrator ao �a�`'' 612-430-6000 Facsimile Machine 612-430-6017 \h -.., July 11, 1996 =((— r -2 r)) h 1 JUL 1 5 1996 David Parkin, President Valley Branch Watershed I Ul 7611 Upper 19th Street Oakdale, MN 55128-5317 Dear Mr. Parkin: At its meeting of July 9, 1996, the Washington County Board of Commissioners, following an application and interview process, appointed Stephen Foley of Baytown Township to the Valley Branch Watershed District. The County Board of Commissioners is confident that Mr. Foley has the interest and ability to serve in this position and will be a valuable addition to the District. Mr. Foley's appointment is to fill the unexpired term of Jeff Peterson who has moved out of the Watershed District. Mr. Foley's address is: 4855 Normandy Court North Stillwater, MN 55082 Telephone No.: 430-8128 (Home) 338-8788 (Business) I have advised Mr. Foley that the District will be contacting him in the near future to advise him as to meeting times, location, and orientation to the District. Sincerely, J mes R. Schug County Administrator /le cc: Steven Foley City of Oakdale • City of Afton City of Oak Park Heights Baytown Township City of Pine Springs Grant Township City of St. Mary's Point City of Lake Elmo West Lakeland Township City of Mahtomedi City of Woodbury Printed an R.dyd.d Paper EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION t 0 Page 3 - Minutes 07/09/96 Osgood Avenue Road Closing - Administrator Robertson stated that the railway crossing located south of the prison on Osgood Avenue will be closed on Monday, July 15th, 1996 . Emergency vehicles will be permitted to cross but no one else. Public Forum Regarding Expansion of the Landfill - Robertson stated that NSP has finished the permit process for expansion of the landfill and wants to hold a public forum at City Hall on Thursday, July 25, 1996 at 7 : 00 p.m. Council granted approval and requested that Robertson post the forum as a Council workshop. Washington County Comprehensive Plan Workshop - Councilmember Robert requested a workshop be held to review the Washington County Comprehensive Plan. Council discussed using the workshop scheduled for Tuesday, August 6th, 1996 at 7 : 00 p.m. and discussing the County Plan once the Zoning Ordinance update was finished. Councilmember Robert requested Robertson distribute a copy of the Washington County Comprehensive Plan to all Councilmembers . Employee Recognition Program - Councilmember Robert asked about the status of the Employee Recognition Program. Robertson stated that all employees with less than 15 years of service are honored in-house. Employees with more than 15 years of service will be honored before the Council . Valley Branch Watershed - Council directed Administrator Robertson to write a letter to the Valley Branch Watershed stating that the City has been in contact with their engineer and requesting they reply in writing regarding any additional information they need from Oak Park Heights . Robertson was also directed to request that the minutes of the June 13, 1996 meeting be amended to reflect that the City of Oak Park Heights has contacted them regarding the information they requested. Cable - Councilmember Swenson stated that the next Cable Commission meeting is scheduled for 7 : 00 p.m. , Wednesday, July 17, 1996 at Bayport City Hall . Council Meeting Agenda - Council requested that cable tv coverage of their meetings start at 6 :30 p.m. rather than 7 : 00 p.m. Recycling Award - Administrator Robertson reported that Andrea Siebold of Unit #2, 14824 58th Street, was the recipient of this weeks winner of the recycling award. Brown' s Creek Water Management Organization - Councilmember Schaaf stated that the Brown' s Creek Water Management Organization will meet Wednesday, July 31, 1996 . Middle St . Croix Water Management Organization - Mayor O'Neal reported the MSCWMO will meet Wednesday, July 17, 1996 . APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting#543 Held In the Lake Elmo City Council Chambers Thursday,June 27, 1996 , , �' ' 'I MANAGERS PRESENT: David Parkin, President; Dave Bucheck,Vice President, Ray Brenner,Treasurer;and Jim Buelow,Secretary JUL 181996 STAFF PRESENT: Jon Lennander, Engineer;Jennifer Dietz,Attorney; Dale n, Inspector;and Karen Schultz, Recording Secretary OTHERS PRESENT: Candice Kraemer,CAC;and Nic Winkel,Olson Lake Resident CALL TO ORDER Meeting called to order by President Parkin at 7:00 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the June 13, 1996 meeting,maks was made by Buelow and seconded by Parkin to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS There were no additional agenda items. PUBLIC FORUM There was no discussion in Public Forum. SECRETARY'S REPORT Secretary Buelow said he had not picked up the mail,but that he will on Friday,and will deliver any checks to Treasurer Brenner. He then read a letter from the City of Oak Park Heights,that Treasurer Brenner had picked up earlier in the week.The letter stated that the City Administrator of the City of Oak Park Heights had tried to contact Engineer Peterson to discuss the Citys water management plan, but had not been able to reach him.When Engineer Peterson returns next week, he will get in touch with the City of Oak Park Heights. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts Washington County 1996 Levy Advance $ 309,000.00 Claims Carl Bolander and Sons-Olson Lake Estates Project 34,662.65 Karen Schultz Services-03-28-96-06-27-96 1,092.50 ICS Agency Insurance 2,956.00 Miff made by Parkin and seconded by Brenner to accept the Treasurer's report. Motion carried unanimously. Request for Advance of Funds from Washington County Treasurer Brenner reported that he had received the advance of funds from Washington County. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. INSPECTIONS Inspector Eklin reported verbally on his inspections since his last report. He also said'he has been working on the inventory of skimmers in the District. He will have the completed report at the next meeting. ATTORNEY REPORT Technical Advisory Committee Attorney Dietz said that after the discussion at the last managers' meeting of the Citizens Advisory Committee and the Technical Advisory Committee,she found in the Minnesota Statutes, M.S. 1030.337,a description of the Technical Advisory Committee. VBWD does currently have a Technical Advisory Committee. A 2 MANAGERS'REPORT Discussion of Citizens Advisory Committee and Technical Advisory Committee Secretary Buelow reported that as was decided at the last managers'meeting,a meeting was held at 6:00 p.m.just before the managers' meeting began at 7:00 p.m., and only three persons were in attendance other than Treasurer Brenner and himself. TAC members Brian Bachmeier,City of Oakdale;and George Rossbach, City of Maplewood were present. Nic Winkel, Olson Lake Resident,was also present for the meeting. He said the meeting was about half an hour in length. At this time mgtigg was made by Buelow and seconded by Parkin to appoint Nic Winkel to the Citizens Advisory Committee. Motion carried unanimously. Secretary Buelow said the two TAC members present said they are very willing to assist the managers in any way they can, and that they will attend managers'meetings upon invitation, or when necessary to discuss a certain topic. It was decided to include all members of the CAC and the TAC on the mailing list for the meeting agendas,as well as the meeting minutes; until now only the minutes were sent to the whole committees. Secretary Buelow said he has been contacted by telephone by several members of the CAC, and he feels that those persons - who have not responded in the last few weeks when invited to meetings, should be removed from the committee.Methan was made by Brenner and seconded by Buelow that the VBWD Citizens Advisory Committee consist of Charles Taylor, Ray Swanson,Candice Kraemer, Barbara Walsh,Allen Pearson,and Nic Winkel, and that Secretary Buelow will forward a letter to past members of the CAC,thanking them for their past participation. Motion carried unanimously. The managers directed the Recording Secretary to arrange for a notice to be placed in the District's legal newspapers announcing that VBWD residents may ask for appointment on the Citizens Advisory Committee. Bad Debt Responses Treasurer Brenner asked Attomey Dietz if there is anything new to report on the collection of past due escrow money from permits.Attorney Dietz said there are still some debts owed the District,and that she would like this issue on the agenda at the next meeting. BARR ENGINEERING Olson Lake Estates Pond Outlet Project Engineer Lennander said the project is progressing at a faster rate now. More dewatering will need to be done along Lake Jane Trail. Engineer Lennander said the project will not be complied by July 1, 1996.The manages decided to meet at the project site at 9:00 a.m.on Tuesday,July 2, 1996 at the regular meeting held with the contractor and the engineer. Managers Buelow and Brenner will attend. Nic Winkel said the agreement for an easement for the pipe across his property will expire July 1, 1996. He asked when the plug will be replaced at the outlet from Olson Lake Estates Pond.After discussion, Engineer Lennander was directed to call the City of Oakdale and ask them to replace the plug in Olson Lake Estates Pond. The managers directed Attorney Dietz to renegotiate the agreement for an easement and extend the agreement for at least two more months. OLD BUSINESS Sunnybrook Lake Area In discussion of outletting water from the Sunnybrook Lake area to Brown's Creek,Engineer Lennander informed the managers that it is possible that the Browns Creek WMO will be abolished. He said by July 31, 1996,the decision will be made. The managers will discuss this at the next meeting on July 11, 1996. Oak Park Heights Water Management Plan Discussed earlier in the meeting in the Secretary's report. Lake Elmo Outlet Engineer Lennander said that three bids had been received for the Lake Elmo Outlet Extension project -Barbarossa and Sons, Inc. ,$25,800;Carl Bolander and Sons Co.,$16,778.50; and Lametti and Sons,$22,270. He said that Engineer Peterson feels that the Bolander firm could do the project along with the Olson Lake Estates Pond project,and that he recommend that the managers accept the bid from Carl Bolander and Sons.Malign made by Buelow and seconded by Parkin that the managers accept the bid of$16,778.50 from Carl Bolander and Sons for repair of the Lake Elmo outlet and repair restoration of the pipe coming from the Project 1007 pipe. Motion carried unanimously. President Parkin directed Engineer Lennander to call Carl Bolander and Sons to inform them of the bid acceptance. 3 Roadway Services Update President Parkin stated that Cathy Hamm, MnDNR,had indicated to Barr Engineering, that there are some wetland violations at the Roadway Services site in Mahtomedi. Engineer Lennander told the managers that Engineer Peterson had met with the contractor to discuss the reported wetland violations, and that the contractor agreed to make the changes requested within two weeks. Managers' Report from the Auditor; District Finances The managers tabled this item until the next meeting. ADJOURNMENT Motion,made by Buelow and seconded by Parkin at 8:12 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, \nit) II Jim Buelow, Secretary Valley Branch Watershed District Minutes Approved by Managers 07111196 APPROVED MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#542 Held in the Lake Elmo City Council Chambers Thursday,June 13, 1996 u Y E MANAGERS PRESENT: David Parldn,President; Dave Buchedc,Vice Presi Ray Brenner,Treasurer;and Jim Buelow,Secretary JUL i 1996 STAFF PRESENT: Randy Peterson,Engineer;Jennifer Dietz,Attorney; and Karen Schultz,Recording Secretary OTHERS PRESENT: Candice Kraemer,CAC;Gene Olchefske and Mrs.Laraine Olchefske, Long Lake; Nic Winkel,Olson Lake Resident; Ray Swanson, CAC;and Chuck Taylor,CAC CALL TO ORDER Meeting called to order by President Parkin at 7:05 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the May 23, 1996 meeting,mdign was made by Brenner and seconded by Parkin to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS The managers added to the agenda: Under Treasurer's Report, 'Administrative Fund Expenditures in 1996 Budget;and under Managers'Report,"Lake Elmo Water Lever. PUBUC FORUM There was no discussion in Public Forum. CHANGE IN ORDER OF AGENDA ITEMS President Parldn authorized the moving of agenda items at this time. ATTORNEY REPORT Oldrefske Grant Attorney Dietz had final copies of the grant for the Olchefske family to rebuild their home on Long Lake.Mr.Gene Olchefske and Mrs.Lorraine Olchefske were present to sign the grant,along with the President and Secretary of the VBWD. The grant was signed by all parties and Attorney Dietz will file the original grant. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor had mailed copies of the report on lake levels to the managers.The managers discussed the contents of the report. MANAGERS'REPORT Lake Elmo Water Level President Parkin read a copy of a letter that had been written to the Lake Elmo City Council and copied to the VBWD,concerning the boaters'wake on Lake Elmo.A Lake Elmo resident is asking the Council to invoke a"no wake"ordinance for boaters on Lake Elmo because of the high water level of the lake. In the discussion of the high lake level,Engineer Peterson said there is already an ordinance pertaining to the boaters'wake on Lake Elmo,and that it is not the VBWD's responsibility. SECRETARY'S REPORT Secretary Buelow reviewed the mail received since the last meeting and discussed it with the managers. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report Receipts Claims Mc Winkel(Easement)-June 1996 $ 250.00 Karen Schultz Expenses-04-01-96-06-13-96 280.58 2 Lawson, Marshall, et al-May 1996 Services 546.00 Charles Taylor-Lake Level Reading Expenses-06-01-95-05-24-96 293.26 Mtn made by Brenner and seconded by Buelow to accept the Treasurer's report. Motion carried unanimously. Request for Advance of Funds from Washington County Treasurer Brenner reported that he had requested an advance of funds from Washington County,as directed by the managers at the last meeting, and has learned that the advance will be mailed by check in the next week. Managers' Report from the Auditor Treasurer Brenner distributed copies of the Report from the Auditor and asked the managers to read it and discuss it at the next meeting. Annual Financial Report Treasurer Brenner distributed copies of the 1995 Annual Financial Report by the Auditor. OLD BUSINESS Sunnybrook Lake Area As directed by the managers at the last meeting, Engineer Peterson presented to the managers a rough estimate of the cost of tying into a proposed Highway 36 storm sewer system to relieve flooding around the Sunnybrook and Cloverdale Lakes area. The estimated cost is$2.5 million. Engineer Peterson displayed plans showing the managers a possible piping route that would include pumping stations at Cloverdale Lake and Goetschel Pond and several miles of piping. The managers also discussed the costs in the Capital Improvement Program for outletting the Sunnybrook area to Brown's Creek as they related to the costs involved with this project. BARR ENGINEERING Olson Lake Estates Pond Outlet Project Engineer Peterson said the contractor has picked up the pace on the project,but that he doesn't think it will be completed by the due date, July 1, 1996. He also said that he hasn't heard of any complaints recently from the residents concerning the project. He said that there are weekly meetings on the site with the contractor and he attends those meetings. Lake Elmo Outlet Engineer Peterson hada quote from Barbarossa and Sons, Inc. for the Lake Elmo Outlet Extension Project of$25,800. Another quote was from Cart Blander and Sons Co.for$16,778.50. The managers directed Engineer Peterson to try to get more bids on the project. Engineer Peterson said that when he had been at the site of the outlet on Friday,May 24th,there were fish and small logs,and a snapping turtle caught in the manhole,and he pulled it all out. He said the fish swim into the outlet pipe and get hung up in the manhole,which is full of water. Lake Elmo Elementary School Engineer Peterson presented information on a project located at the intersection of Highway 5 and Lake Elmo Avenue, adjacent to the Lake Elmo City Hall, in the northwest quarter of Section 13, Township 29 North, Range 21 West, in Lake Elmo. Since this permit request was received on June 7, 1996, and the entire site is approximately 3.5 acres, a figure was not prepared. Stillwater Area Schools, Independent School District#834,are proposing an expansion of an existing elementary school along with rerouting and expanding the parking facilities.Approximately 3,270 square feet of building expansion is proposed, 0.30 acres of impervious area will be added as parking, and the access and layout of the parking area will be changed to address the current bus traffic problems along Lake Elmo Avenue. The entire site including both existing and proposed work areas is approximately 3.7 acres. No wetland areas will be affected by the proposed activities. After discussion of the water management concerns and the erosion control concerns, muss was made by Parkin and seconded by Buelow to approve the project with the engineer's suggested conditions of approval. Motion carried unanimously. MANAGERS'REPORT(Cont.) Discussion of Citizens Advisory Committee Composition Secretary Buelow reported that he had received calls from some of the members of the Citizens Advisory Committee about continuing to serve on the committee. He said he thinks that most of them want to serve,but he also thinks there should be some direction given. Chuck Taylor, a member of the CAC, thought that responsibilities for the committee should be defined. Vice President Bucheck f . ' 3 thought that the CAC could develop a list of citizens'rights for use during construction of projects. Treasurer Brenner said the Citizens Advisory Committee could assist in reviewing projects or plans.After discussion, President Parkin directed Secretary Buelow to invite the CAC members,as well as the Technical Advisory Committee members to a special meeting at 6:00 p.m. on June 27, 1996 for discussion. Review of 1995 Annual Report Third Draft The Recording Secretary discussed the corrections that she had made to the third draft of the 1995 Annual Report. She said it is ready to go to the printer after the Table of Contents page is completed, and the book is assembled.!Ma was made by Parldn and seconded by Bucheck to approve the draft of the 1995 Annual Report and that the Recording Secretary should assemble it and get 40 copies made for distribution. Oak Parc Heights Water Management Plan Engineer Peterson said he has heard nothing from the City of Oak Park Heights.Attorney Dietz said that the City of Oak Park Heights was unsure of what should be in the water management plan for the City.Attorney Dietz will contact them and discuss it. Administrative Expenditures M 1996 Budget VBWD 1996-9T Budget Information Financial Workshop Treasurer Brenner distributed copies of a one-page description of the current condition of the District's Administrative Fund. Engineer Peterson discussed the engineering budget information for 1996-97. The managers had a lengthy discussion of the Districts funds,and the costs and the money to be levied for the Capital Improvement Projects. The managers will review the annual financial report,the information distributed by Treasurer Brenner,and the engineering budget, for more discussion at the next meeting on June 27th. Secretary Buelow left the meeting at 9:05 p.m.during the discussion of the District's budget. ADJOURNMENT Mon made by Bucheck and seconded by Brenner at 9:35 p.m. to adjourn the meeting. Motion carried unanimously. 9im,(____.7ectfully Submitted, "7&0,661—k) Buelow, Secretary 5. Valley Branch Watershed District Minutes Approved by Managers 06127196 n C CITY OF ty t + V OAK PARK HEIGHTS . . 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439•FAX 439-0574 June 11, 1996 Valley Branch Watershed District Managers PO Box 838 Lake Elmo, MN 55042 Re: City of Oak Park Heights Request for Water Management Plan Information Dear Managers- I am writing, to you on behalf of the Oak Park Heights City Council because we have noted in your recent meeting minutes statements that we have not responded to a request from your engineer for information about our Water Management Plan. Our City Engineer has tried to contact your engineer to find out what this information is but has not been able to reach him. We sent your engineer a copy of the City' s Water Management Plan on February 23 , 1996 . I am unaware of any request for further information that we have received since then. Please let me know what further information you need and I will - be happy to see that it gets to you. Sincerely, Michael Robertson City Administrator cc: City Council Tree City U.S.A. APPROVED VALLEY BRANCH WATERSHED DISTRICT MINUTES Minutes of Regular Meeting*541 Held In the Lake Elmo City Council Chambers Thursday,May 23,1996 MANAGERS PRESENT: David 'Treaur�Dave JimBodied',Vice President,Ray Buelow,Acting Secretary STAFF PRESENT: Randy Peterson, ate,Amey' Dale Min,Inspector,and Karen Schultz,Recording Secrstay OTHERS PRESENT: Candor Kraemer,CAC;and Steve Keene,Sum/brook Lake Area Resident CALL TO ORDER Meeting called to order by President Pafdn at 7:01 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the May 9, 1996 meeting,motion was made by Buelow and seconded by Brenner to approve the minutes as corrected. Motion curried unanimously. ADDITIONAL AGENDA ITEMS The managers added to the agenda:Election of Secretary,in the Secretary's report. PUBUC FORUM Mr. Steve Keene, Sunnybnook Lake area resident,was present to discuss the flooding issue. SECRETARY'S REPORT During the Secretary's report,Jim Buelow was nominated,and unanimously elected to mail ffice of Secretary of the Board of Managers.Treasurer Brenner had picked up the mall and discussed managers the received. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts ICS, Inc.-Cancellation of Position Bond(replaced by 50.00 Blanket Bond) Cleims Barr Engine ng-Services 03-30-96-04-26-96 24,957.08 Lawson,Marshall,et al-April 1996 Services 1,630.30 ICS Liability Policy-XS7452-06121197 1,381.00 Motion made by Peskin and seconded by Buelow to accept the Treasurer's report. Motion carried unanimously. Treasurer Brenner distributed copies of the current situation of the District's funds. He commented that the District will be short in of funds by the middle of June 1996,and suggested that the managers agai request from Washington tten request County.Motion was made by Brenner and seconded by Buelow that Treasurer Brenner should proceed with a wrfrom Washington County for an advance in money. Motion carried unanimously. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. INSPECTOR'S REPORT Inspector Eklin discussed his inspections since his last report to the managers.He also said he will check on the skimmers in the District,to make sure they are working properly. . 2 ATTORNEY REPORT Olcheisks Grant Attorney Dietz reported that the attorney for the Olchefske family is still reviewing the draft agreement. BARR ENGINEERING Highway 38 Reconstruction Engineer Peterson had mailed to the managers information on the prospect of tying into a storm sewer system that will be built in connection with the reconstruction of Highway 36.The purpose of possibly tying into the storm sewer system would be to relieve the flooding around the Sunnybrook and Cloverdale Lakes area.The cost would be very high,two to three million dollars. Engineer Peterson said it would be two or three years before the Highway 36 project could be completed.After discussion, President Parkin asked Engineer Peterson to formally request the option of inflow into Browns Creek. Olson Lake Estates Pond Outlet Project Engineer Peterson had mailed to the managers a synapsis of the progress of the Olson Lake Estates Pond Outlet Project.The managers discussed the schedule of the wort and whether the contractor will be finished on time. Engineer Peterson said he thinks the contractor will request an extension of time on the contract.After discussion,the managers directed Engineer Peterson to write a formal letter to the contractor,a sldng him to accelerate the work in ceder to complete the project on time. Lake Elmo Outlet Engineer Peterson said he had sent out two requests for bids for the Lake Elmo Outlet Extension Project and is waiting for the bids.He said itis possible that the work needs to be done if the current restriction problems cannot be corrected.The managers agreed to hold a special meeting to discuss the bids,if necessary. MANAGERS REPORT Review of 1995 Annual Report Draft Recording Secretary Karen Schultz said she has not completed a final draft of the 1995 annual report for the managers. She will have it at the next meeting. Review of Citizens Advisory Committee Composition After discussion,it was decided that Secretary Busk*and Karen Schultz will compose and send a letter to the members of the Citizens Advisory Committee, inviting the members to the managers'next meeting. OLD BUSINESS Sunnybrook Lake Area Discussed earlier in the discussion of the Highway 36 reconstruction. Oak Park Heights Weber Management Plan Engineer Peterson said he has heard nothing from the City of Oak Park Heights. FUTURE ITEMS The managers decided to have a special discussion of the finances of the District at the next meeting, instead of scheduling a special workshop. ADJOURNMENT Motion made by Brenner avid seconded by Parkin at 8:33 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, -741r:kv"-- /6-0 Buel w,Secretary Valley Branch Watershed District Minutes Approved By Managers O8113M6 ENC .MbD MINUTES VALLEY BRANCH WATERSHED DISTRICT Minutes of Regular Meeting#538 Held in the Lake Elmo City Council Chambers Thursday,April 11,1998 MANAGERS PRESENT: David Parkin,President;Jeff Peterson,Secretary; Ray Brenner, Treasurer,and Jim Buelow,Manager (E@IE MANAGER ABSENT: Dave Bucheck,Vice President Engineer;Jennifer Dietz,Attorney; R2 9 1996 V STAFF PRESENT: Randy arenSchultz ,Recording Secretary OTHERS PRESENT: Nic Winkel,Olson Lake Resident;Candice Kraemer,CAC; and Chuck Taylor,CAC CALL TO ORDER Meeting called to order by President Parkin at 7:01 p.m. ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES After discussion of the minutes of the Manch 14, 1996 meeting, motion was made by Buelow and seconded by Parkin to approve the minutes as corrected. Motion carried unanimously. After discussion of the minutes of the March 28, 1996 meeting,motion was made by Parkin and seconded by Buelow to approve the minutes as corrected. Motion carried unanimously. ADDITIONAL AGENDA ITEMS There were no additional agenda items. PUBLIC FORUM There was no discussion in public forum. CITIZENS ADVISORY COMMITTEE REPORT Lake Levels Chuck Taylor was present to discuss the most recent lake level report with the managers. SECRETARY'S REPORT Secretary Peterson presented an oral report of the mail received since the last meeting. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Receipts $ 9,000.00 Contractors Finance-#95-8-Anna's Grove 92.09 Claims Karen Schultz Expenses Per Diem and Expenses 439.84 Jeff Peterson 12/14/95672.74 Ray Brenner 01104/96-04/11196 Per Diem and Expenses Mahon made by Brenner and seconded by Parkin to accept the Treasurer's report and to approve payment of the claims as reported. Motion carried unanimously. ATTORNEY REPORT Olchefske Grant Attorney Dietz said she has reviewed the proposed agreement for the Olchefske graft from the MDNR. She said she does not feel that the VBWD can take on the responsibility called for in the terms of the agreement.She said the cost estimates for the construction of a new Olchefske home are very high and its still uncertain Theas to how it will be done. She feels that the managers' involvement in the project could very Y managers directed Attorney Dietz to contact the MDNR and tell them that the VBWD cannot be a party in the grant,and to also contact the Olchefske family with the same information. 2 INSPECTIONS Inspector Dale Eklin was not present. He had contacted Engineer Peterson and said he had nothing new to report to the managers, and will attend the April 25th meeting. BARR ENGINEERING Lake Elmo Outlet Engineer Peterson said the contractors cost estimate for the project to repair the Lake Elmo Outlet pipe is$14,000. The MDNR permit has not been issued yet, because of differences of agreement on the timeframe for the project. The MDNR feels the work shouldn't be done until after the spawning season,which would be as late as July 1st. The managers agreed to wait for a month and check the situation then, and directed Engineer Peterson to contact the MDNR in writing of this. Goetschel Pond Flood Level Revision Engineer Peterson had mailed a report on the possible revision of the 100-year flood elevation for Goetschel Pond from 920 to 908. Mr. Robert Engstrom, Developer, has requested the revision in the 100-year flood elevation as part of his application for a permit for development of the Goetschel property in the City of Lake Elmo. Engineer Peterson recommended the revision be made.After discussion, motion made by Parkin and seconded by Buelow to adopt the 100-year flood elevation revision for Goetschel Pond,to be Elevation 908.0. Olson Lake Estates Pond Outlet Project Engineer Peterson reported that the contractor has started work in Pebble Park, but has not laid any pipe yet. He has run into ground water in some areas. Engineer Peterson said he has discussed this with the MDNR to see what is involved with getting an appropriation of waters permit. President Parkin suggested that the permit be worded so that the permit covers the complete project regarding ground water. Washington County Landfill• Phase II Engineer Peterson had mailed information about the Washington County Landfill Cover Project (Permit 96-3). The project is located along the east side of the 4000 block of Jamaca Avenue North in the southwest quarter of the southwest quarter of Section 10 and the north half of the northwest quarter of Section 15, Township 29 North, Range 21 West, in Lake Elmo. This description locates the landfill cover project approximately 1/2 mile north of Highway 5 along Jamaca Avenue. The Minnesota Pollution Control Agency(MPCA)is proposing to construct a new landfill cover to limit the amount of infiltration from rainfall into the waste, and install an active gas extraction system in the waste. The MPCA proposes to construct this remedy in two phases. Permit 95-22 was for the first phase.This permit application is for Phase II of the construction activities. After discussion of the wetland protection concerns, the water management concerns, and the erosion control concerns, motion made by Parkin and seconded by Buelow to approve the permit with the engineers suggested conditions of approval. Motion carried unanimously. Countryside Wood Products Engineer Peterson had mailed information about a proposed project located south of.Highway 5 between Ideal and Jamaca Avenue at 8603 North 34th Street in the southeast quarter of Section 16, Township 29 North, Range 21 West, in the City of Lake Elmo. The applicant is proposing to construct a 4000-square foot warehouse and approximately a 4000-square foot,two-story office building. Associated with the buildings are a proposed bituminous parking lot, a gravel service driveway, a storm water detention pond, and a cross-culvert at the entrance. Engineer Peterson said he has not received the actual application for permit. The managers agreed to table the discussion until the next meeting. MANAGERS REPORT Legislative Update President Parkin said the Omnibus Tax bill,which contains the District's request for the increase in the Administrative Levy, is in the Governor's office for signature. He has not heard whether it has been signed. 3 Review of 1995 Annual Report Draft The managers reviewed the draft of the 1995 annual report that had been distributed by the Recording Secretary. Corrections and additions were made by the managers and Engineer Peterson. The Recording Secretary will redraft it and send it to the managers for discussion at the next meeting. OLD BUSINESS Sunnybrook Lake Area Candice Kraemer said the water is getting close to the road already. She said Sunnybrook Lake is high and almost over the road on the north side of the driveway. Treasurer Brenner said he will contact the Indian Hills Golf Course manager about pumping. Under's Greenhouse Engineer Peterson said he has talked with the engineer for lender's Greenhouse, and he thinks their work is within the guidelines of the permit issued by VBWD.The managers instructed Engineer Peterson to contact the Linder's Greenhouse engineer by letter and inform him that he is within the guidelines of their permit. Oak Park Heights Water Management Plan Engineer Peterson said he has tried to contact the City of Oak Park Heights for more information about their water management plan, but he hasn't heard back from the city. He will try to have more information at the next meeting. NEW BUSINESS Citizens Advisory Committee Manager Buelow suggested that an effort be made to involve the members of the Citizens Advisory Committee in the District's activities. The managers agreed with this, and President Parkin asked Attorney Dietz to provide the managers with the exact otthe Managers'g of the �Hlandbook nt of e the compos t on of a citizens a citizens advisory �vr'soaccording ry to the statute. He also asked Manager Buelow to look committee. DISTRICT TOUR The managers decided to schedule a tour of specific areas in the District,on Tuesday,April 16th at 1:00 pm. Engineer Peterson,Attorney Dietz, and all the managers will tour the areas in a van. ADJOURNMENT Motion made by Buelow and seconded by Parkin at 8:45 p.m. to adjourn the meeting. Motion carred unanimously. respectfully Submitted, I.Jeff Peterson, Secretary Valley Branch Watershed District Minutes Approved by Managers 04/25196 I. LAWSON, MARSHALL McDONALD & GALOWITZ, P. A. LAWYERS 3880 LAVERNE AVENUE NORTH RAYMOND O.MARSHALL LAKE ELMO, MINNESOTA 55042 JOHN SCOTT MCDONALD OF COUNSEL TRACEY ANN GALOWITZ TELEPHONE:(612) 777-6960 RODERICK A.LAWSON JENNIFER M.DIETZ FACSIMILE: (612) 777-8937 April 4, 1996 D r © M Q d C %, APR - S_ Mr. Mike Robertson .. Administrator, City of Oak Park Heights , 14168 - 57th Street North Oak Park Heights, MN 55082 RE: VALLEY BRANCH WATERSHED DISTRICT RULES AND REGULATIONS Dear Mr. Robertson: Enclosed and served upon you by U.S. Mail please find the amended Rules and Regulations of the Valley Branch Watershed District which were adopted on March 14, 1996. Sincerely, cetAAAt...frumt ... Jennifer M. Dietz Enclosure RULES AND REGULATIONS OF THE VALLEY BRANCH WATERSHED DISTRICT L. lir RULES AND REGULATIONS OF THE VALLEY BRANCH WATERSHED DISTRICT TABLE OF CONTENTS Page. SECTION I. PURPOSES 1 Subd. 1 Policies 1 Subd. 2 Standards 1 Subd. 3 Application 1 SECTION II. GENERAL POLICY 2 SECTION III. DEFINITIONS 3 Subd. 1 District3 Subd. 2 Drainaoe System 3 Subd. 3 Drainageway 3 Subd. 4 Floodplain 3 Subd. 5 Floodwav 3 Subd. 6 Flowage Easement 3 Subd. 7 LGU 3 Subd. 8 Local Water Management plan 4 Subd. 9 Minimum Building Elevation 4 Subd. 10 100-year Flood Event 4 Subd. 11 100-year Flood Level 4 Subd. 12 Ordinary High Water 4 Subd. 13 Person 4 Subd. 14 A Plan 4 Subd. 15 A Plat 4 Subd. 16 Public health. safety and welfare 4 Subd. 17 Rate of Runoff 4 Subd. 18 Rules 4 Subd. 19 Runoff 4 Subd. 20 SCS 4 Subd. 21 Storage Site 4 Subd. 22 Volume of runoff 4 Subd. 23 Water Management Plan 4 Subd. 24 Waters of the District 4 Subd. 25 Watershed 5 Subd. 26 WCA 5 Subd. 27 WCA Rules 5 SECTION IV. LOCAL GOVERNMENT RESPONSIBILITY 5 Subd. 1 Policies 5 Subd. 2 Regulations 5 Subd. 3 Standards for Local Water Management Plans 5 SECTION V. FLOODPLAIN MANAGEMENT 6 Subd. 1 Policy 6 Subd. 2 Regulations 6 Subd. 3 Standar s 6 i i TABLE OF CONTENTS (Cont.) Page 8 SECTION VI. SEDIMENT AND EROSION CONTROL 8 u15_20. 1 Egai_gy. 8 Sub . 2 Reau_ I fs 8 u�bd 3 Standards 9 SECTION VII. APPROPRIATION OF WATERS 9 Subd. 1 PP licies 10 Su d. 2 Regulations SECTION VIII. STORMWATER RUNOFF AND DISCHARGES WITHIN THE DISTRICT . . • • • • 10 10 Su d. 1 Policies 0 u�bd_2 Regulation1 s 10 Su d. 3 Standards 11 SECTION IX. WETLANDS MANAGEMENT 11 Ig1 Polic 11 Sibd. Application 12 u d_3 Regulations 12 � . 4 tandards 13 Subd_5 Criteria 14 Subd_6 Technical Evaluation Panel 14 Subd_? APS 14 SECTION X. WATER QUALITY MANAGEMENT 14 u�bd, 1 Polici s uS 14 bd• 2 Reo Iidgons 15 Su d. 3 Standard 15 SECTION XL PERFORMANCE BONDS 15 SECTION XII. VARIANCES 15 1 Polici s ji 15 d. 2 Reou S 15 SECTION XIII. ADMINISTRATNE PROCEDURE 16 SECTION XIV. ENFORCEMENT AND SEVERABILITY 16 SECTION XV. APPELLATE PROCEDURE AND REVIEW 16 SECTION XVI. AMENDMENT PROCEDURE . . • • • • • • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION XVII. PUBLICATION AND EFFECTIVE DATE ii RULES AND REGULATIONS OF THE VALLEY BRANCH WATERSHED DISTRICT SECTION I. PURPOSES 1 Policies A. To implement the purposes for which the District was created. B. To carry out the policies contained in the Water Management Plan. C. To coordinate the District's activities with other governmental agencies. D. To ensure that the water resources are considered, protected and preserved within the District. E. To ensure that future regional water management needs are considered in the development of individual subdivisions, developments and local water management plans. F. To protect the public health, safety and welfare. Subd. 2 Standards A. To aid the Managers in their review process. B. To inform the Managers' staff of the criteria on which they should base their review and recommendations. C. To inform permit applicants of the criteria against which their proposed developments will be reviewed. D. To provide the communities with guidelines for the development of local water tat. management plans. d. 3 Aoolication A. General activities that require a Valley Branch Watershed District Permit (1) Land alterations, such as grading or filling,which remove or cover surface vegetation of 1 acre or more(Section VI., Subd. 2.A). (2) All projects which create a new impervious surface area of 6,000 square feet or more(Section VIII., Subd. 2.B). (3) All work within the waters and floodplain of the District(Section V., Subd. 2.B). (4) All projects which result in a discharge of municipal or industrial water or wastewater to a surface water drainage system(Section VIII., Subd. 2.A). (5) All subdivisions, plats, and developments (Section V., Subd. 2.A). (6) All projects which result in lake augmentation. (7) All projects which result in a wetland impact. (8) Note: Valley Branch Watershed District is the Local Governmental Unit(LGU) responsible for administering the Wetland Conservation Act(WCA). B. Fees Associated with a Valley Branch Watershed District Permit Application (1) Application Fee to be used to defray the District's review, inspection, and administration costs. The amount of the escrow deposit to be used shall be determined by the Managers and this information is available upon request. The amount of the application fee is set by the Managers annually. Any costs incurred by the District greater than the escrow balance will be billed to the applicant. Any unused portion of the escrow deposit will be returned to the applicant. (2) Cash Surety Charge in proportion to the size and type of disturbed area to ensure the project is completed in accordance with the approved conditions. (3) Letter of Credit for Wetland Replacement Plan, rather than a cash surety. C. These Rules and Regulations shall not require permits within municipalities which have a Water Management Plan approved by the District,except when the District is the LGU for administering the Wetland Conservation Act for that portion of a community within the District. A permit will then be required as defined in Section IX., Subd.1.B. SECTION II. GENERAL POLICY Subd. 1 To implement the purposes of these Rules and Regulations, the Managers intend to do the following: A. Assist municipal officials in the preparation of local water management plan and land development guides. B. Review permit applications filed with the Minnesota Department of Natural Resources pursuant to Minnesota Statutes Chapter 105 as well as other development plans and proposed subdivisions. The Managers desire to become informed of improvements and land development proposals during the early planning stages. It is the intent of the Managers that the communities be the primary vehicles for submission of proposed improvements to the Managers. The Managers will review proposed improvements when the appropriate community is aware of the improvement proposal. C. It is the intent of the Managers to exercise control over proposed developments only to the extent necessary to protect the waters of the District 2 i from unreasonable impacts which are inconsistent with the policies contained in the Water Management Plan and these Rules and Regulations. D. The Managers will submit to the communities their comments, recommendations, requirements and all District actions regarding proposed improvements. All District requirements shall be included in the community permits. E. The Managers will coordinate their review with the communities and,when appropriate, with Counties, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and other appropriate State and Federal agencies. F. The review, administration, and inspection costs of any proposed project requiring a District permit shall be borne by the permit applicant, unless otherwise voted upon by the Managers of the District. Subd. 2 Regulations A. All permit applicants shall submit an escrow deposit to be used to defray the District's review, administrative, and inspections costs. The amount of the escrow deposit shall be determined by the Managers and this information is available upon request. B. All permits issued by the District shall remain valid unless: (1)the work is not initiated within one year of permit issuance, (2)work is idle for 12 consecutive months, or(3)work is not completed within 3 years of permit issuance date. C. Permit application by Governmental Units to the District-No fee or escrow deposit is required by governmental units applying for a permit. If the permit is approved, the contractor doing the work for the governmental unit must submit an escrow deposit and other cash sureties that the Managers may require. SECTION III. DEFINITIONS For the purpose of these Rules and Regulations, the terms defined in this section shall have the meaning attached to them. Subd. 1 District means the Valley Branch Watershed District. Subd. 2 Drainage System means those features of the watershed such as lakes, ponds, streams and waterways which contain and convey waters of the District Subd. 3 Drainageway or waterway means any natural or artificial channel which provides a course for water flowing either continuously or intermittently. Subd. 4 Floodplain is the area along channels and waterways, including the area around lakes, marshes and lowlands which would become inundated as the result of a flood occurring on the average once every 100 years. 3 4 Subd. 5 Floodway means the channel and those areas of the floodplain which are reasonably required to efficiently carry and discharge the flood waters of a river, stream or lake. Subd. 6 Flowage Easement means an easement held in public ownership to reserve areas along waterways and around storage sites for the passage or retention of waters, construction of drainage improvements and maintenance. Subd. 7 LGU means Local Government Unit. Subd. 8 Local Water Management plan is the local government unit's water management plan, as defined by Minnesota Statutes 1036.235. Subd. 9 Minimum Building Elevation is the elevation of the lowest floor of the building. Subd. 10 100-year Flood Event means the amount of runoff that has a one percent chance of occurring at a given location within a one year time period. Subd. 11 100-year Flood Level is the peak elevation of a water body resulting from a 100-year flood event. Subd. 12, Ordinary High Water is defined by Minnesota Statute 1O3G.005, Subdivision 14, and for public waters and wetlands is defined as the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Subd. 13 Person means an individual, firm, partnership, association, private corporation, city, village, county, town, school district or other political subdivisions. Subd. 14 A Plan is the map or drawing and supporting data indicating the proposed layout of a subdivision, development, new construction, changes or alterations to construction or to land contours. Subd. 15 A Plat is a legal document used to subdivide property which includes a drawing or map of the subdivision, meeting all the requirements of the applicable Minnesota Statutes. Subd. 16 Public health,safety and welfare extends to and includes any act or thing tending to improve or benefit or in any way affect the general public either as a whole or as to a particular community or part thereof. This definition is to be construed liberally to give meaning and effect to the goals and purposes of the Valley Branch Watershed District and also statutes and ordinances relating to floodplain management and shoreland use. Subd. 17 Rate of Runoff is the peak volume of runoff per unit of time for a given storm event. Subd. 18 Rules means the Rules and Regulations of the Valley Branch Watershed District. Subd. 19 Runoff means the amount of excess precipitation or snowmelt that is not permanently stored in depressional areas or infiltrated into the soil. Subd. 20 SCS means Soil Conservation Service or Natural Resource Conservation Service (NRCS). 4 Subd. 21 Storage Site means an area which is reserved for holding waters. Subd. 22 Volume of runoff is the amount of excess runoff in cubic units often noted as acre- feet. Subd. 23 Water Management Plan is the District's watershed management plan, as defined by Minnesota Statutes 1036.231. Subd. 24 Waters of the District include lakes, ponds, streams, marshes and other wetlands. Subd. 25 Watershed means an area bounded peripherally by a drainage divide, which collects precipitation and provides runoff to a particular drainage system. Subd. 26 WCA means Wetland Conservation Act of 1991, (Minnesota Laws 1991 Chapter 354, as amended). Subd. 27 WCA Rules means Minnesota Board of Water and Soil Resources(BWSR) (Minnesota Rules Chapter 8420, as amended). SECTION IV. LOCAL GOVERNMENT RESPONSIBILITY Subd, 1 Policies A. The communities are responsible for: (1) Land use plans and zoning ordinances (2) Local water management plans (3) Shoreland and floodplain ordinances (4) Enforcing minimum building elevations established by the District. The Managers will review these plans and documents to minimize adverse impacts to the waters of the District and to ensure regional water management needs are included in local water management plans. B. Communities shall submit copies of developers agreements and/or grading permits of proposed subdivisions and development plans for review by the managers. Subd. 2 Regulations A. The Communities shall file with the Managers for their review and comment all ordinances, plans and development guides relating to: (1) Land alteration (2) Surface drainage (3) Floodplain management (4) Shoreland management B. The community, upon receipt of plans for proposed subdivisions and developments shall submit such plans to the Managers for review, comment • and approval. The Managers shall acknowledge the receipt of these plans. 5 Subd. 3 Standards for Local Water Management Plans A. Local water management plans are required to conform to Minnesota Statute 1038.235, Minnesota Rules 8410.0160 and the District's Water Management Plan. B. The local government unit's permitting process for land and wetland alternation work shall be outlined in the local water management plan. All land and wetland alteration plans shall be submitted to the District for review and comment. The District reserves the right to recommend to the local unit of government that a project which the District considers to be inconsistent with the local management plan be denied. If the local unit of government proceeds to approve such a project, the District reserves the right to take legal action. SECTION V. FLOODPLAIN MANAGEMENT Subd. 1 Policy A. It is in the best interest of the public health, safety and welfare that the Managers regulate the development and the use of floodplains. B. Alterations or work within the floodplain or waters of the District will be reviewed to: (1) control floodplain encroachments (2) prevent adverse environmental impact C. The Managers will review all proposed subdivisions, plats and developments to reserve right-of-way for future water management needs. Subd. 2 Regulations A. All subdivisions, plats and developments require the approval of the Board of Managers of Valley Branch Watershed District. B. All work within the waters and floodplain of the District require a District permit. C. Issuance or denial of a permit shall be based on the policies set forth in the Water Management Plan, these Rules and Regulations and applicable State policies, and the criteria found in the District Standards. 6 Subd. 3 Standards A. Flood Level Determination (1) Ultimate development of the tributary watershed shall be assumed. (2) Design criteria shall be the 2, 10, and 100-year storms. When using SCS methodologies for event modeling, the Type II storm distribution shall be used. The 100-year 10-day snowmelt event shall also be modeled. (3) Flood levels shall be either determined or approved by the District Engineer. (4) Many depressions within the District are landlocked. That is, they have no surface water outlet. Because there is no surface outlet, runoff collecting in these depressions is removed only by seepage and evaporation. Under these circumstances, a detailed flood level analysis should include the effects of seepage and evaporation. Analysis of this type can be very complex. In order to determine appropriate flood levels for these depressions, a simpler method of analysis was devised. With this method, the approximate 100-year flood level is determined using the annual runoff volumes shown in the following table: 100-year Average Annual Annual Runoff Runoff Differences: Net Volume, Volume, 100-Year Annual Land Use Inches Inches Volume, Inches Impervious 32 16 16 Turfed 18 8 10 Water Surface 12 -6 18 For a natural landlocked pond, the average year's runoff volume is assumed to be dissipated by the average seepage rate of the pond. The additional runoff for a wet year is assumed to be stored in the pond above the normal pond level. If the applicant can demonstrate that seepage will be greater than is assumed by this method, a less conservative flood level may be accepted. The 100-year flood level is the level at which the depression will store the runoff volume calculated using the above table and the tributary watershed. Storage below the normal water level of the depression shall not be included in the computations. To use the land within the District to the maximum extent desirable, the communities and developers are encouraged to make detailed analyses and accurately determine 100-year flood levels. However, in the absence of a detailed analysis, the District Engineer's recommendations 7 and requirements shall be based upon flood levels determined using the above approximate method. B. Minimum Building Elevations Adjacent to all waters of the District, the Managers shall set the minimum building elevation at two feet above the 100-year flood elevation. The minimum building elevation for each lot shall be noted on the grading plan. C. Floodplain Preservation and Uses (1) Floodplains adjacent to existing and future waters and waterways shall be preserved by dedication and/or perpetual easement to the community in which they are located. These easements shall cover those portions of the property which are adjacent to the water or waterway and which lie below the 100-year flood elevation. The local governmental unit shall be responsible for all necessary maintenance within the drainage easement. (2) Filling and crossing of waters of the District. a. Lakes, ponds and storage sites—fill volumes shall be limited so that the cumulative effect of all possible filling will not raise the 100-year flood level more than 0.1 foot. b. Waterways--fill and other alterations shall be limited so that the cumulative effect of all possible alterations shall not increase the 100-year flood level more than 0.5 foot. (3) The Board of Managers may determine that certain areas of the District are or will be in a flood situation and will not allow any filling until the situation has been corrected. (4) Uses of Floodplain Adjacent to Waters of the District. - - a. Buildings or other improvements to be located in the floodplain or materials to be stored in the floodplain will be permitted only when: 1. It can be shown that the building or improvements to be located in the floodplain will not be significantly damaged by flooding. 2. It can be shown that the improvements and materials will not unreasonably endanger life or property. 3. It can be shown that the improvements and materials will not unreasonably affect the water resource. D. Floodplain Alterations (1) Alterations which will unreasonably impact another community will not be permitted. Such alterations may include: The outletting of landlocked ponds to another community and modifying lake outlet elevations. 8 (2) Alterations which will unnecessarily impact the waters of the District will not be permitted. (3) Alterations not in conformance with the Water Management Plan for the District and applicable Minnesota Law will not be permitted. SECTION VI. SEDIMENT AND EROSION CONTROL Subd. 1 Policy A. To minimize the erosion which can occur as a result of land alteration, the Managers will require that all projects which may affect the waters of the District have temporary and permanent erosion control measures. The permit applicant shall be responsible for removal of all temporary measures upon completion of the project. Subd. 2 Regulations A. Land alterations such as grading or filling which remove or cover surface vegetation of 1 acre or more will require a Valley Branch Watershed District Permit. B. A permit will not be required for usual agricultural practices but the District will encourage good conservation measures. C. If an erosion problem develops, the Managers will require action to correct the problem and prevent recurrence. D. The issuance or denial of a permit shall be based on the policies contained in the Water Management Plan, these Rules and Regulations, and the criteria established in the District Standards. Subd. 3 Standards A. Projects Which Require a Temporary Erosion and Sediment Control Plan (1) Projects which remove or cover more than one acre of surface vegetation. (2) Projects which could reasonably be expected to introduce sediment to the waters of the District. B. Standards for Temporary Erosion and Sediment Control Plans (1) The Board of Water and Soil Resources and the Association of Metropolitan Soil and Water Conservation Districts'"Minnesota Construction Site Erosion and Sediment Control Planning Handbook"and the Soil Conservation Service's"Fact Sheets"shall serve as the minimum guidelines for erosion control measures. 9 • (2) Sedimentation ponds are required upstream of all wetlands where grading activities are proposed. All dikes, ditch checks, sediment ponds and other features shall be designed in accordance with the erosion control plan requirements of the District's Water Management Plan. (3) Plans shall include commonly accepted restoration methods. (4) Any disturbed areas shall be seeded and mulched within 14 days after final grading or any disturbed area which is not to be developed immediately shall be seeded and mulched within 14 days after being disturbed. The Managers may, if requested and conditions warrant, allow more than 14 days before seeding and mulching is required. (5) All erosion and sediment control measures shall be installed prior to alteration and maintained until turf is established. The District Engineer shall be notified three days prior to commencement of grading to schedule an inspection of the project's erosion controls. The erosion controls must be in place and properly installed before grading will be permitted. (6) All construction-related sediment shall be removed from ponding areas upon completion of construction. SECTION VII. APPROPRIATION OF WATERS Subd. 1 Policies A. To manage the water resources of the District, the Managers must be informed of the proposed appropriation of ground and/or surface waters. B. The Managers require that the effect of the proposed appropriation be defined before approval is granted. Subd. 2 Regulations A. In all cases of appropriation of waters requiring a Department of Natural Resources permit, a copy of the permit application must be filed with the Managers for their review and approval. B. The Managers will act on the Department of Natural Resources permit application within 50 days after receipt of the complete application. 10 • SECTION VIII. STORMWATER RUNOFF AND DISCHARGES WITHIN THE DISTRICT Subd. 1 Policies A. To carry out the responsibility of managing the District's water resources, the Managers must be informed of all water and wastewater discharges within the District. This includes stormwater runoff, municipal and industrial wastewater discharges, lake augmentation and any discharge that requires a National Pollutant Discharge Elimination Program(NPDES) permit. B. All discharges and related improvements must conform to the applicable requirements of State and Federal agencies. C. All stormwater discharges must be in general conformance with the District's and Communities'Water Management Plans. D. All discharges and related improvements shall not unreasonably raise water levels or degrade water quality of the waters of the District. Subd. 2 Regulations A. All projects which result in a discharge of municipal or industrial water or wastewater to a surface water drainage system within the District require a Valley Branch Watershed District Permit. B. All projects which create a new impervious surface of 6,000 square feet or greater require a permit. C. Issuance or denial of a permit will be based on the policies set forth in the Water Management Plan and these Rules and Regulations. D. The Managers will act within 50 days of receipt of the complete permit application. E. In case of emergency action performed without a Valley Branch Watershed District Permit, the Managers shall be notified of the action and pertinent facts as soon as possible. A retroactive permit shall be required in such cases. In the event the Managers determine the facts do not warrant issuance of a permit(retroactive), the action will be considered a violation of these Rules and Regulations and treated accordingly. Subd. 3 Standards A. Any permitted activity shall not increase the rate of surface water runoff from the applicant's property for precipitation events of all durations up to and including the 100-year storm. Design criteria shall be the 2, 10, and 100-year storms. B. The determination of whether a design will result in an erosion problem shall be based on generally accepted engineering design manuals or practices. 11 • C. Discharges resulting from the modification of the outlet of landlocked basins shall not flow into landlocked areas of other communities more frequently than once every 100 years on the average. D. Runoff rates should be calculated by accepted design,methods. Applicants must submit calculations showing that runoff rate is not increased in events up to the 100-year recurrence interval for storms of any duration. E. The runoff curve number for existing agricultural areas shall be less than or equal to the developed condition curve number. F. Stormwater ponding areas for parking lots with more than 10 parking spaces and for motor vehicle service facilities shall incorporate a skimming device capable of retaining floating liquids and debris. G. Best Management Practices shall meet the standards established in the Water Management Plan for runoff water quality management and erosion control plans. SECTION IX. WETLANDS MANAGEMENT Subd. 1 Policy A. The District has adopted the Wetland Conservation Act of 1991, (Minnesota Laws 1991 Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water and Soil Resources (BWSR)(Minnesota Rules Chapter 8420, as amended), herein referred to as the WCA and the WCA Rules, respectively. B. The following activities may require a District permit: (1) Filling a wetland (2) Draining a wetland (3) Ditching a wetland (4) Dredging a wetland Subd. 2 Application These Rules apply to those waters in the District that are defined under the WCA Rules. Subd. 3 Regulations A. Regulations as provided by the WCA Rules except as defined in these subsequent regulations. B. These Rules revise WCA Rules Chapter 8420.0150 Scope to include dredging, ditching, and excavation. These activities are considered wetland impacts by the District and require avoidance, minimization, and replacement as outlined in the WCA Rules. These are in addition to draining and filling of a wetland per the WCA and WCA Rules. 12 • C. Replacement wetlands shall be located within the District, unless the District finds the need for exception. D. The District may find that an out of District replacement may have a higher value than one completed within the District. State banking described in WCA Rules Chapter 8420.0730 though 8420.0740 can be used by the applicant provided that replacement locations adhere to requirements stated elsewhere in these rules. E. Decisions regarding sequencing, replacement plans, and banking shall particularly favor preservation, restoration, and creation of wetlands in high priority areas as identified by the District and the WCA Rules part 8420.0350. High priority areas in the District include but are not exclusive to the following areas: (1) Areas defined as high priority by the District Water Management Plan. (2) Minor watersheds having less than 50 percent of original wetlands, diminished wetlands, eliminated wetlands, and areas once occupied by wetlands. (3) Additional high priority areas defined by the local water management plans where preservation, enhancement, restoration, and establishment of wetlands would have high public value by providing benefits for water quality, flood water retention, public recreation, commercial use, and other public uses. Subd. 4 Standards Wetland impacts require the following procedures: A. Exemption and no-loss determinations. Exemption and no-loss determinations under Minnesota Rules parts 8420.0210 and 8420.0220 shall be made by the LGU. The LGU shall seek the advice of the technical evaluation panel on questions of wetland delineation and type. The LGU's decision is final unless appealed within thirty (30)days of its decision. B. Sequencing and replacement plan decisions. Sequencing and replacement plan decisions under Minnesota Rule part 8420.0520-.0550 shall be made following the same procedures as for District permit review plus the additional notice and time requirements of part 8420.0230. If the amount of wetland to be drained, ditched, dredged, excavated, or filled is less than one-tenth of an acre, the sequencing determination under the WCA Rules part 8420.0520 shall be made by the District. C. Monitoring. The District shall assure that the replacement plan monitoring and enforcement requirements of the WCA Rules part 8420.0600-.0630 are fulfilled. D. Storage volume. The alteration shall not reduce the existing storage volume in the immediate watershed. Storage volume will be determined as stated elsewhere in these Rules. 13 E. Recording. The applicant is to provide all copies needed for proper distribution and recording at the time application is made. F. The alteration shall meet all other requirements of these Rules. G. Any requirements or conditions the District deems necessary to ensure the procedures of this section are carried out I. The District may permit excavation in existing wetlands when the following apply. (1) The existing wetland is an isolated basin. (2) All contiguous property owners join in the application. (3) No more than 50 percent of the wetland is impacted. (4) The excavated spoil material is not to be placed within the wetland. (5) The wetland is of a relatively low function and value assessment for the region or area. J. A minimum 16.5 foot buffer strip around the delineated wetland boundary or the OHW, whichever is greater in elevation, shall be provided for all permitted activities. Subd, 5 Criteria The functional values and acreage lost as a result of a wetland alteration shall be replaced according to the following criteria: A. Wetland impact shall be replaced as required by the WCA Rules. B. The applicant shall post a cash surety or letter of credit equivalent to 150 percent of the estimated construction cost of the replacement wetland, to be determined by the permit applicant and approved by the District Engineer. Additional cash sureties may be required based upon conditions imposed on the applicant by the District. C. Replacement wetlands will require monitoring and annual reporting for 5 years after completion with possible extensions defined in the WCA Rules part 8420.0600-.0630. Monitoring programs are the responsibility of the applicant and are to be performed according to the WCA Rules. The District may perform this monitoring, under some circumstances, at the expense of the applicant. D. A completed replacement wetland is defined as: (1) Targeted replacement wetland type plant coverage of 80 percent (2) Predominance of hydric soils. (3) Exhibits inundated or saturated conditions by surface or ground water. 14 • (4) Supports predominantly wetland vegetation under normal conditions. (5) Conforms to the"Federal Manual For Identifying and Delineating Jurisdictional Wetlands" (January 1989). Subd. 6 Technical Evaluation Panel The District shall appoint a person to serve on the technical evaluation panel in accordance with WCA Rules part 8420.0240. The person must be a technical professional with expertise in water resources management When applicable, a professional employee of the local municipality will be considered as a member of the technical evaluation panel. The District shall seek and consider recommendations made by the technical evaluation panel in making replacement plan decisions. Subd. 7 Aooeal The decision of the District to approve, approve with conditions, or reject a wetland replacement plan becomes final thirty(30) days after the date on which the decision is mailed to those required to receive notice of the decision. The determination, application, or decision made under these Rules may be appealed to the District under WCA Rules part 8420.0250. SECTION X. WATER QUALITY MANAGEMENT Subd. 1 Policies A. To implement the goals and policies of the Districts Water Management Plan. B. All activities requiring a District permit shall meet the requirements of all applicable State and Federal Agencies including, but not limited to, Minnesota Rules Chapter 8410, Minnesota Pollution Control Agency stormwater permit requirements, and Minnesota Department of Natural Resources permit requirements. Subd. 2 Regulations A. All projects which require a District permit as defined by these Rules and Regulations shall meet the goals and policies set forth in the Districts Water Management Plan. B. Issuance or denial of a permit will be based on the policies set forth in the Water Management Plan and these Rules and Regulations. Subd. 3 Standards A. Any permitted activity shall meet the runoff water quality management policies, standards, and criteria set forth in the Water Management Plan. 15 • SECTION XI. PERFORMANCE BONDS Subd. 1 To assure compliance with these Rules and Regulations, the Managers may require the posting of a performance bond or other security where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the District. Subd. 2, Where a municipality or other governmental agency includes in its requirements that the applicant furnish a performance bond or other security, the District may require an additional performance bond from the applicant. SECTION XII. VARIANCES Subd. 1 Policies A. The Managers may grant variances from these Rules and Regulations when they find that due to unique physical conditions of the land or waters involved, extraordinary and unnecessary hardship may result from strict compliance. Such variances will not have the effect of nullifying the intent and purpose of these Rules and Regulations, or the Water Management Plan. B. In considering the variance, the Managers shall consider the effect upon the entire District and Water Management Plan. Subd. 2 Regulations A. An application for a variance shall be submitted to the Managers and shall document the exceptional conditions and peculiar difficulties claimed and resulting impacts from approval of the variance. B. The Managers shall approve or deny the variance within 50 days of receipt of a complete variance application. SECTION XIII. ADMINISTRATIVE PROCEDURE Subd. 1 The District Engineer must receive from the applicant a complete permit application, all necessary supporting documents, and the escrow deposit 14 days prior to a meeting at which application is to be considered. Subd. 2 The District Engineer will review each permit request with respect to Valley Branch Watershed District policies and criteria. Subd. 3 The District Engineer will notify the applicant concerning: A. Applicable Valley Branch Watershed District criteria and policies. B. Additional required information where necessary with copies to the appropriate community and other concerned agencies. 16 Subd. 4 The District Engineer will place the development proposal on the agenda when all the required information is received and all Valley Branch Watershed District policies are met or a variance is requested and supporting written documentation is submitted. The Engineer will then submit a written report to the Managers at least two(2) days prior to the Managers meeting. Subd. 5 The Managers will act on a complete permit application within 50 days of receipt or as required by the Rules of the Wetland Conservation Act. SECTION XIV. ENFORCEMENT AND SEVERABILITY Subd. 1 The District may exercise all powers conferred upon it by Minnesota Statutes, Chapter 103, in enforcing these Rules and Regulations. Subd. 2 If for any reason a section or subdivision of these Rules and Regulations should be held invalid, such decision shall not affect the validity of the remaining Rules and Regulations. Subd. 3 These Rules and Regulations shall conform to Minnesota law and if inconsistent therewith, the latter shall govern and these Rules and Regulations are amended accordingly. SECTION XV. APPELLATE PROCEDURE AND REVIEW Subd. 1 Any person aggrieved by enforcement of these Rules and Regulations or by any Order of the District may appeal therefrom in accordance with the appellate procedure and review as provided in Minnesota Statutes Chapter 103D. SECTION XVI. AMENDMENT PROCEDURE Subd. 1 Any person may petition the Managers for the purpose of amending or changing these Rules and Regulations. Subd. 2 The Managers may initiate changes or amendments in these Rules and Regulations. Subd. 3 All changes and amendments in these Rules and Regulations,whether initiated by the Managers or by any other person, will require a majority vote of the Managers. 17 J. SECTION XVII. PUBLICATION AND EFFECTIVE DATE Subd. 1 The Managers shall cause to be published in a legal newspaper, published in the counties of the District. a copy of these Rules and Regulations as adopted. The Managers shall also file and record a certified a copy of these Rules and Regulations in the office of the County Recorder of the counties of the District. Subd. 2 These Rules and Regulations are adopted this 14th day of March, 1996, by the Board of Managers of the Valley Branch Watershed District pursuant to Minnesota Statutes, Chapter 103, following a public hearing held on March 14, 1996. /S/ David Parkin, President /S/ Jeff Peterson, Secretary 18 Enclosure K2 APPROVED VALLEY BRANCH WATERSHED DIS Minutes of Regular Meeting#537 Held in the C Lake Elmo City Council Chambers ' APR 15 1996 Thursday, March 28, 1996 MANAGERS PRESENT: David Parkin,President; Dave Bucheck,Vice President; Peterson,Secretary; Ray Brenner,Treasurer,and Jim = : , ager STAFF PRESENT: Randy Peterson,Engineer;Jennifer Dietz,Attorney; and Karen Schultz,Recording Secretary OTHERS PRESENT: Nic Winkel,Olson Lake Resident CALL TO ORDER Meeting called to order by President Parkin at 7:02 p.m. ANNOUNCEMENTS The managers had no announcements. APPROVAL OF MINUTES The managers asked the Recording Secretary to redraft the minutes of the March 14, 1996 meeting,in order to have a complete description of the conversation concerning the Subwatersheds OL-13 and 14 Analysis. A redraft of the minutes will be forwarded to the managers before the next meeting. ADDITIONAL AGENDA ITEMS Items added to the agenda were as follows: 6.D.5. Capital Improvements Amendment; 6.D.6. Olchefske Grant; 6.E.2. Review of 1995 Annual Report Draft; and 6.E.3. Review of Activities Calendar. PUBLIC FORUM There was no discussion in public forum. SECRETARY'S REPORT Secretary Peterson presented an oral report of the mail received since the last meeting. CHANGE IN ORDER OF AGENDA ITEMS President Parkin authorized the moving of agenda items at this time. BARR ENGINEERING Lake Elmo Outlet Engineer Peterson presented plans for the project to repair the Lake Elmo Outlet. Before the contractor can estimate the project cost,an addendum to the permit from the MDNR is required,and it is expected that will be completed soon. Engineer Peterson said he should have the cost estimate from the contractor at the next meeting. Capital Improvements Amendment At the last meeting the managers held a public hearing on an amendment to the managers' Capital Improvements Plan. The amendment would postpone until 1997, the Weber Pond project,which project is to restrict the outlet between Weber Pond and Long Lake. The postponement would enable the managers to implement the project for the Lake Elmo Outlet,extending the pipe and also repair of the pipe that has a tear in it.The cost of each project is about $10,000. Motion was made by Parkin and seconded by Buelow to change the Capital Improvements Plan, by postponing until 1997 the Weber Pond project,and executing the project to repair the Lake Elmo Outlet, by extending the pipe, and also repairing the pipe. Motion carried unanimously. Oelr Park Heights Water Management Plan Engineer Peterson had mailed copies of a Storm Drainage System Study to the managers for discussion at this meeting.The City of Oak Park Heights has approved a storm water drainage plan for part of the City of Oak Park Heights for future development. The information was mailed to the District for discussion and study at this point.The managers directed Engineer Peterson to contact the City of Oak Park Heights to get more information and to keep the managers informed. Linden's Greenhouse-Letter from Engineer Peterson Engineer Peterson said he has talked with the owner's engineer, and he thinks their work is within the guidelines of the permit issued by VBWD, if they are in Phase 2 or Phase 3 of the permit. He will report further at the next meeting. ti • 2 MANAGERS REPORT Legislative Update President Parkin said the District's bill concerning the Administrative Levy is in the Omnibus Tax bill and it is among many other things in the bill. He will find out more and report at the next meeting. Review of Managers'Section of the 1995 Annual Report President Parkin asked the managers to review the draft of the 1995 annual report that had been distributed by the Recording Secretary. It will be on the agenda for the next meeting. Diapid Activity Calendar The Recording Secretary had updated the activity calendar. President Parkin asked the managers to review it and make any additions necessary. TREASURER'S REPORT Treasurer Brenner distributed copies of the following Treasurer's Report: Claims NSP-Project 1007 R&M $ 6.94 Barr Engineering Services-02/03/96-03/01/96 16,555.84 ICS Agency-Public Official Bonds 180.00 Karen Schultz Sec. Serv.- 12/14/95-03/28/96 1,221.79 Dave Bucheck 12/14/95-03/28/96 Per Diem and Expenses 477.14 Jim Buelow 01/11/96-03/28/96 Per Diem and Expenses 295.41 Motion made by Parkin and seconded by Buelow to accept the Treasurer's report and to approve payment of the claims as reported. Motion carried unanimously. OLD BUSINESS Sunnybrook Lake Area Engineer Peterson said there is nothing new to report. Rules and Regulations-Finalized Attorney Dietz said she is in the process of having the rules and regulations published in the legal papers. ATTORNEY REPORT Bad Debt Response Attorney Dietz said she has had a little response from those debtors who owe money to the District. She said it has been effective to offer a discount in the amount owed. Olchefske Grant Attorney Dietz said she hasn't reviewed the details of the Olchefske grant from the MDNR. She was told by Engineer Peterson to contact Molly Shodeen in the Metro Region of the MDNR if she has questions after reviewing it. Lake Elmo Use Agreement Attorney Dietz said she has met with the Lake Elmo City Attorney concerning the agreement between Lake Elmo and the VBWD regarding the Olson Lake Estates Outlet Project in the area of Pebble Park. She said the contractor has not agreed to sign the agreement. She also said she doesn't see any problem with that. ADJOURNMENT Motion made by Buelow and seconded by Brenner at 8:02 p.m. to adjourn the meeting. Motion carried unanimously. Respectfully Submitted, i diA,t4f-J Jeff -= 1rsan, Secretary /to Valley Branch Watershed District Minutes Approved by Managers 04/11/96 CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY February 23, 1996 Valley Branch Watershed District C/O Barr Engineering 8300 Norman Center Drive Bloomington, MN 55437-1026 Dear VBWD Managers : The City of Oak Park Heights recently approved a storm water drainage plan for the area west of Oakgreen Avenue. Since part of this area is in your community or watershed we thought you should receive a copy of the plan. Please note that this plan is based on the future development of this area, and that holding ponds will have to be provided as the area develops . Please also note that while none of the locations of these future ponds are set in stone, many of them are situated in natural depressions or low lying areas in which water currently ponds during a high rain event . If someone wishes to develop in an area shown as a pond, they would have to find another holding area somewhere else. If you have any questions, please give me a call . Sincerely, Michael Robertson City Administrator cc: City Engineer Joe Anderlik City Attorney Mark Vierling City Planner Scott Richards 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer hi Bonestroo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Michael C.Lynch,P.E. Brian K.Gage,P.E. Robert W.Rosene,P.E.* Keith A.Gordon.,P.E. James R.Maland,P.E. F.Todd Foster,P.E. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Jerry D.Pertzsch,P.E. Keith R.Yapp,P.E. Marvin L.Sorvala,P.E. Richard W.Foster,P.E. Scott J.Arganek,P.E. Douglas J.Benoit,P.E. 1.1 11 Richard E.Turner,P.E. David O.Loskota,P.E. Kenneth P.Anderson,P.E. Shawn D.Gustafson,P.E. o Anderlik & Olivier,P.E. Thomas E.Noyes,P.E. Robert yA.Bourdon P.E. Mark A.Seip,P.E. KentlJ.Wagner,P.E. Associates Robert G.Schunicht,P.E. Mark A.Hanson,P.E. Gary W.Morien,P.E. Paul G.Heuer,P.E. Susan M.Eberlin,C.P.A.* Michael T.Rautmann,P.E. PaulaJ.J.Gannon, P.E. Dann P.D.Border P.E. *Senior Consultant Ted K.Field,P.E. Edgerton, Engineers &Architects Thomas R.Anderson,A.I.A. A.Rick Schmidt,P.E. Jeffrey J.Ehleringer,P.E. James R.Rosenmerkel,P.E. Dale A.Grove,P.E. Joseph R.Rhein,P.E. Donald C.Burgardt,P.E. Philip J.Caswell,P.E. Lee M.Mann,P.E. Enclosure C Thomas A.Syfko,P.E. Mark D.Wallis,P.E. Charles A.Erickson Frederic J.Stenborg,P.E. Miles B.Jensen,P.E. Leo M.Pawelsky Ismael Martinez,P.E. L.Phillip Gravel,P.E. Harlan M.Olson Michael P.Rau,P.E. Karen L.Wiemeri,P.E. Agnes M.Ring October 26, 1995 Thomas W.Peterson,P.E. Gary D.Kristofitz,P.E. James F.Engelhardt Valley Branch Watershed District COPY c/o Barr Engineering Co. n 8300 Norman Center Drive v Minneapolis,MN 55437-10260 D Re: Stillwater Area High School OCT 3 0199f Storm Water Ponding 1\ Our File No. 55100 Dear VBWD Managers: d in On October 23, 1995 the City Council of the City of Oak aa�HeightsOer 9 1995, and requested that I respond to a letter from the District's Engineer,Barr Engineering Co.,d to your requests. The City of Oak Park Heights does not own any property in the vicinity of the Stillwater Area High School ponds and therefore does not have any authority to grant easements. The City does not have any objections to the District acquiring land or additional easements to increase the ponding capacity in those locations. However, the City will not approve of activities which would increase the high water levels in the existing ponds. This would flood the City's existing storm sewers and damage could potentially occur through freezing and thawing of storm water in the flooded pipes and structures. It is also possible to envision a snow melt event occurring when the flooded system is frozen, which could produce flood elevations higher than those computed for a 100 year frequency rainfall event. The City is also somewhat confused by the District's desire to install a temporary restriction in the City's approved system "as soon as possible". This confusion is created by the District's adoption of a Water Management Plan on September 28, 1995,which states that VBWD does not plan to control water levels on ClWD will consider a study be item No. Lake. The plan Studion to es andte at Cap of Improvement Program to analyzeken in 1997 as priority a piped outlet system. item No. 10 in the Engineering If you have any questions on the information contained in this letter,please do not hesitate to call. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. . (2d4r40. a...,aad Joseph C. Anderlik JCA:gs wolortomigoter 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Page 4 - Minutes 10/23/95 Engineering Survey Cost Estimate - City Engineer Anderlik discussed his estimated costs for surveying houses to determine if they were built at the proper elevations . He noted that for the City Engineer to do the work could require several trips, particularly if the first survey found that the house or drainage elevations were incorrect . He recommended that the City require the developer to provide all of this information. He said that the developer would then be responsible for their costs and would be in charge of managing them. City Attorney Vierling noted that to do this, the City must modify its language in its development agreements . He said he would have a prepared resolution available at the next City Council meeting. Councilmember Kern, seconded by Schaaf, moved to table this issue until the Council meeting of November 13 , 1995 . Carried 5-0 . C. ,_• 'n-e Le -r - Va _le Branch W-te ie• t • o en•• _ -r Flood Easements - City Engineer Anderlik discussed a letter from Valley Branch WStershed requesting to restrict the outlet on the City pond in the area of the Stillwater Area High School so as to create more storage in the pond. Anderlik noted that he was opposed to this request, stating that in a high rainfall event, this could cause water to go outside the pond easements and to flood people ' s yards in which the City had no easement to store water. Councilmember Kern, seconded by Swenson, moved to direct the City Engineer to communicate to Valley Branch Watershed District that it was not in a position to grant its request as it did not own the land that might be flooded. Carried 5-0 . Pay Request - Arcon Development - Autumn Ridge 1st Addition - City Engineer Anderlik recommended that the City approve the pay request . Councilmember Schaaf, seconded by Robert, moved to approve Arcon Development ' s pay request in the amount of $145, 315 . 01 . Carried 5-0 . Jpprove Novak Avenue Improvement Bid - City Engineer Anderlik noted that the City had received six bids for the Novak Avenue improvement . He recommended that the City accept the low bid, that of Danner, Inc . in the amount of $78, 950 . 00 . City Attorney Vierling recommended that the bid tabulation be forwarded to the developer for approval . Councilmember Schaaf, seconded by Kern, moved to accept the bid of Danner, Inc . in the amount of $78, 950 . 00 for the Novak Avenue Improvement, subject to completion of the Development Agreement terms . Carried 5-0 . Request for Variance - Robert & Lydia Wood - 15075 65th Street North - Establish a Public Hearing Date - Councilmember Kern, seconded by Schaaf, moved to set a public hearing for the variance request for Monday, November 27, 1995 at 7 :30 p.m. Carried 5-0 . Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Michael C.Lynch,P.E. Brian K.Gage,P.E. Robert W.Rosene,P.E.* Keith A.Gordon.,P.E. James R.Maland,P.E. F.Todd Foster,P.E. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Jerry D.Pertzsch,P.E. Keith R.Yapp,P.E. Marvin L.Sorvala,P.E. Richard W.Foster,P.E. Scott J.Arganek,P.E. Douglas J.Benoit,P.E. son, Shan D. Anderlik & Richard .Turner,Glenn RE Cook,P.E. E Robert. David OC.Russek,A.I.A. Mark R Rolfs..Loskota,PE. Kenneth P. P.E.P .E. Cecilio Olivier, P.E. EGustafson,P.E. Thomas E.Noyes,P.E. Jerry A.Bourdon,P.E. Mark A.Seip,P.E. Kent J.Wagner,P.E. Associates Robert G.Schunicht,P.E. Mark A.Hanson,P.E. Gary W.Morien,P.E. Paul G.Heuer,P.E. Susan M.Eberlin,C.P.A.* Michael T.Rautmann,P.E. Paul J.Gannon,A.I.A. John P.Gorder,P.E. *Senior Consultant Ted K.Field,P.E. Daniel J.Edgerton,P.E. Dan D.Boyum,P.E. Engineers &Architects Thomas R.Anderson,A.I.A. A.Rick Schmidt,P.E. Jeffrey J.Ehleringer,P.E. James R.Rosenmerkel,P.E. Dale A.Grove,P.E. Joseph R.Rhein,P.E. Donald C.Burgardt,P.E. Philip J.Caswell,P.E. Lee M.Mann,P.E. Thomas A.Syfko,P.E. Mark D.Wallis,P.E. Charles A.Erickson October 11, 1995 Frederic J.Stenborg,P.E. Miles B.Jensen,P.E. Leo M.Pawelsky Ismael Martinez,P.E. L.Phillip Gravel,P.E. Harlan M.Olson 7� .. Michael P.Rau,P.E. Karen L.Wiemerl,P.E. Agnes M.Ring Mr.Michael Robertson Thomas W.Peterson,P.E. Gary D.Kristofitz,P.E. James F.Engelhardt City of Oak Park Heights P.O. Box 2007 Oak Park Heights,MN 55082 pmcm 1 Q V r Re: Valley Branch Watershed District Off ; g Stillwater Area High School SO Our File No. 55100 1.1% Dear Mr. Robertson: We are in receipt of a letter from the engineers for the Valley Branch Watershed District indicating that they are investigating the installation of restrictions in the City's storm sewer pipes at the outlets from the northwest and south ponds in the Stillwater Area High School storm sewer system. The letter does not request approval of the restriction installation which is under the jurisdiction of the City, but they are requesting temporary flood easements over which the City has no control. The City does not own any property in the area of the ponds and therefore cannot grant easements. We would be concerned about allowing water to back up and flood the existing storm sewers for an undefined duration because of damage which could occur through freezing and thawing of storm water in flooded pipes and structures. We could also envision a snow melt event occurring, when the flooded system is frozen, which could produce flood elevations higher than those computed for a 100-year frequency rainfall event. While we would always want the City to be cooperative with the Watershed District, there does not seem to be any activity toward providing a solution to a problem and we would be hesitant to suggest approval of something which puts the City system at risk for an unknown duration with questionable benefit. We are enclosing a copy of the Barr Engineering letter for distribution. If you concur with our reluctance to approve such a proposal,this matter should be placed on a future Council agenda and the District should be advised that a decision on this matter is not an administrative process. If you have any questions on the information contained herein,please do not hesitate to call. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES, INC. crtLa. Joseph C. Anderlik JCA:pr 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Enclosure 11A Barr 8300 Norman Center Drive 555 West 27th Street Minneapolis,MN 55437-1026 Hibbing,MN 55746 Phone:(612)832-2600 Phone:(218)262-3465 Engineering Company Fax: (612)832-2601 Fax: (218)262-3460 October 9, 1995 RECEIVED OCT 10 1995 Mr. Joe Anderlik, City Engineer City of Oak Park Heights BONESTROO,ROSENE, Bonestroo, Rosene,Anderlik &Associates ANDERLIK&ASSOCIATES,INC. 2335 West Highway 36 St. Paul, Minnesota 55113 RE: Temporary Flood Easements, Stillwater Area High School Dear Mr. Anderlik: Due to the current flood elevation of Cloverdale Lake, the Valley Branch Watershed District is requesting a temporary flooding easement for property owners surrounding the northwest and south ponds located in the City of Oak Park Heights. The District is investigating installing restrictions at the outlets from the northwest and south ponds on the Stillwater High School property. Michael Robertson asked that all pond modification requests be submitted through you. The attached figure, produced by BRA&Associates shows the location of the northwest and south ponds. The existing pond outlet structure for the northwest pond is not functioning as designed. The bottom of the stop-log skimmer device is approximately 6 inches above the outlet pipe elevation, rather than at the pipe outlet elevation as designed. Modification of the stop-log skimmer is • needed for it to function as designed. Further modification could easily be accomplished to raise the ponds normal level from Elevation 924.0 to 926.0. The proposed restriction of the south pond involves installation of a 5 foot high stop-log structure within the manhole immediately downstream of the south pond. No runoff would then exit from the high school site until the south pond rose 5 feet. Once the pond has risen 5 feet, outflow from the pond would overtop the stop-logs and exit the pond at essentially the same rate as currently exists. This rise in the normal elevation of the south pond will not effect the normal level of the northwest pond. I have used the previous hydrologic modeling information presented by BRA& Associates to analyze the effects of raising the normal levels of these two ponds. If a 100-year frequency rainfall event were to occur, the resulting flood elevations for the northwest and south ponds would increase by 1.7 and 3.6 feet, respectively. These increases would be from Elevation 929.0 to 930.7 for the northwest pond and Elevation 921.0 to 924.6 for the south pond. A 1.7 foot elevation increase in the predicted flood elevation will remain within the fenced area surrounding the northwest pond. An increase in flood elevation at the south pond to Elevation 924.6 is approximately 5.4 feet lower than the lowest existing septic system and 9.4 feet lower than the basement floor elevation of the lowest home on the south side of the pond. Mr.Joe Anderlik October 9, 1995 Page 2 The Watershed District would like to install this outlet restriction as soon as possible. To do this, the District is requiring that a temporary flood easement be granted to elevations 930.7 and 924.6 for these two ponding areas. A duration for these easements has not yet been determined. Attached are copies of topographic information for each of these ponding areas. Thank you for your cooperation. Sincerely, Randall Peterson, P.E. BARB E GINEERING COMPANY Engineers for the District c: Phil Fischer, Stillwater HS Michael Robertson, City of Oak Park Heights VBWD Managers Jennifer Dietz M. Schmiesing R. Engstrom � � i . . , ddlifi if Situ. I ER \ _• MICM �I Oil (dv......---- I Pit- h•-• ........._ ._,J 1 SOUTH iONO ! X. 7 41\bmilid.\411. 14-__...........--..-- ---- . 1 ,_..„. ... -______.w, /10110r.:1111'1111 .-A'A, ir 7 4160.0 Nillik, ii. ,,, 21' SOUTH POND ON STILLWATER HIGH SCHOOL PROPERTY N OAK PARK HEIGHTS, MINNESOTA I n Bonestroo Mune 0 *o0 000 AI1dKHkM:I6 - Vil =14 Soots U fat «i. \e a,-a sus I b0'd 'OSSV 2 OO2i1S3NO8 TT£T 9£9 2t9 80:0T S661-80-80 AUG 10 '95 12:31 612 439 0574 PAGE.04 ( • ( . c"------- ‘,9 _....:.. •... ,. ,..,.,..4.0 _. 7 ... .„.,......,,... .\,. ,--,. ,._ .... ...... ........••••8 5/) :.. ...‘.'.. r( , .....-..-..,....7 ...._ 7.. ._ / / ; ' ••I.'-"----""- -.--"'•-•... - ..• ,--.. . BELOW E V.910.RE ., 91.9 • ./ ' , . './‘'•• •'------ 9.0 •..-" . •`•'‘'s \ t 24"OF S ,REPLACE 1TH NI, , 12 COMP TED CLAY A . • ..14 • • • .• 7 /.... / •.:-.•7-„- . _.\._.. r-7-7.-.-.-- /. . '1/4:.i.',•/ •. .... 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Box 838 Attn: Randy Peterson Lake Elmo, MN 55042-0538 Re: Cloverdale Lake/South Pond on Stillwater Area High School Site Dear Randy: The Oak Park Heights City Council considered your request to raise the level of the South Pond at the High School in an attempt to alleviate flooding of Cloverdale Lake. The City Council has rejected that request for the following reasons; 1) The City Engineer recommended we reject the request because; A) He says the City is not responsible for the increase in water level in Cloverdale Lake . B) The City' s water storage and drainage plans for the high school area were reviewed and approved by the Valley Branch Watershed District . C) Raising the water level in the South Pond would leave it vulnerable to flooding due to a large rainfall incident . 2) The City Attorney recommended we reject the request because; A) The City acquired the South Pond area by eminent domain. A flood at the South Pond would cause water to go beyond our easement and leave us vulnerable to lawsuit. B) Valley Branch Watershed District reviewed several different proposals for handling the stormwater storage and drainage from the high school site . They chose the proposal the City is currently using. The City is willing to cooperate with your efforts to ease the high water level in Cloverdale Lake. The City regards the high water level in Cloverdale Lake as the Valley Branch Watershed District ' s problem. CO1Y` 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 Sincerely, 40t;e5eg; Michael Robertson City Administrator cc: City Council City Attorney Page 7 - Minutes 8/14/95 Approve Water Tower Washing Bid - Councilmember Schaaf, seconded by Kern, moved to approve the low bid of Tri-State Coatings in the amount of $2 , 850 . 00 for the washing of the water tower, said washing to occur after completion of the street reconstruction project . Carried 5-0 . Pay Bills: Councilmember Kern, seconded by Swenson, moved to approve payment of bills . Carried 5-0 . • Correspondence: Letter - Magnuson Law Firm - Cover Park Manor - Council noted receipt of a letter from the Magnuson Law Firm regarding a dispute between the Cover Park Manor and NSP. City Attorney Vierling said that it was a private matter and that the City should not get involved. Valley Branch Watershed District AppoiI ment - Mayor O'Neal noted that there was an opening on the Valley Branch Watershed District and that if anyone was interested in being nominated by the Oak Park Heights City Council, they should contact the Council or the City Administrator. Bonestroo Letter - Cloverdale Lake Ouestion - Council noted receipt of a letter from the City Engineer analyzing a request by Valley Branch Watershed District that the City allow an increase in level of the south pond at the Stillwater Area High School so as to reduce the amount of water flowing from south pond into Cloverdale Lake . Present to speak on this issue was Mike Schmesing of 12595 53rd St . and Bob Engstrom, Developer of Cloverdale Farms . Schmesing said that the water lever of Cloverdale Lake was rising and killing trees and that he would like the City to temporarily . raise the level of the south pond on the high school site so as to reduce the amount of water coming into the lake . City Engineer Anderlik noted that the Valley Branch Watershed District has a number of land lock lakes without outlets such as Cloverdale in its district and a series of high rainfall events such as have occurred within the last two years would raise the water levels in those lakes . Anderlik said that he thought it was these events, rather than water flowing from the south pond, that were the main contributors to Cloverdale Lake ' s water level increase. He also noted that raising the water level in the south pond would have a very small effect on Cloverdale Lake . Anderlik further noted that the City' s drainage plan for the high school area was submitted to the Valley Branch Watershed District and approved by them. In summary, he stated that it was the Watershed District ' s problem and that the City should cooperate in finding a solution but was not responsible for the problem. f Page 8 - Minutes 8/14/95 City Attorney Vierling said that the City acquired the south pond by eminent domain and has no easement for drainage outside of that which it acquired. He noted that an increase in flood levels in the south pond could conceivably cause water to travel on the area outside the easement, opening the city to litigation. Vierling agreed with the City Engineer' s recommendation that the pond level should not be increased. Anderlik said that if the watershed district wanted to increase .the level of the south pond that they should acquire additional easement around it so as to facilitate increasing the level without any threat of litigation to the city. Councilmember Swenson, seconded by Schaaf, moved to direct Robertson to write a letter to the Valley Branch Watershed Management District telling them that it was their problem to fix and that while the City would cooperate, it was not responsible for any of their difficulties with Cloverdale Lake . Carried 5-0 . NSP Letter - Noyes Water Analysis - Ken Noyes of 15325 58th St . N. , said that there was a reddish tinge to the water in his bird bath in his back yard and that he had asked NSP to analyze the water. NSP had said that what was causing the reddish tinge was not any material that was coming off of the fly-ash landfill site. Mayor O'Neal recommended that he seek additional analysis either from the shoreland water conservation district or from pool cleaners who might be familiar with the reddish tinge. MNDOT Letter - Seeking Wetland Conservation Act Delegation - Councilmember Schaaf, seconded by Swenson, moved to delegate authority to MNDOT for those lands in the Highway 36 corridor for testing purposes only. Carried 5-0 . Letter from Dave Beaudet - Councilmember Robert, seconded by Councilmember Schaaf, moved to convey to the Design Review Committee a request that they allow additional public input at their meetings over what they had been currently allowing. Carried 5-0 . Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn the council meeting at 10 :45 p.m. Carried 5-0 . Respectfully submitted, Michael Robertson City Administrator tBonestroo,Rosene,Ander lik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo Otto G.Bonestroo,PE. Howard A.Sanford,PE. Michael C.Lynch,PE. Brian K.Gage,PE. Rosene Robert W.Rosene,PE.* Keith A.Gordon.,PE. James R.Maland,PE. Keith R.Yapp,PE. Joseph C.Anderlik,PE. Robert R.Pfefferle,PE. Jerry D.Pertzsch,PE. Douglas J.Benoit,PE. Marvin L Sorvala,PE. Richard W.Foster,PE. Scott J.Arganek,PE. Shawn D.Gustafson,PE. Anderlik & Richard E.Turner,PE. David O.Loskota,PE. Kenneth P Anderson,PE. Cecilio Olivier,PE. Glenn R.Cook,PE. Robert C.Russek,A.I.A. Mark R.Rolls,PE. Paul G.Heuer,PE. Thomas E.Noyes,PE. Jerry A.Bourdon,PE. Mark A.Seip,PE. Associates Robert G.Schunlcht,RE. Mark A.Hanson,PE. Gary W.Morien,PE Dan D.Boyum,PE. Susan M.Eberlin,CPA. Michael T.Rautmann,P.E. Paul J.Gannon,A.I.A. Jeffrey J.Ehleringer,PE. Engineers &Architects *Senior Consultant Ted K.Field,PE. Daniel J.Edgerton,PE. Joseph R.Rhein,P.E. Thomas R.Anderson,A.I.A. A.Rick Schmidt,PE. Lee M.Mann,PE. Donald C.Burgardt,PE. Philip J.Caswell,PE. Charles A.Erickson Thomas A.Syfko,PE. Mark D.Walks,PE. Leo M.Pawelsky Enclosure 21 Frederic J.Stenborg,PE. Miles B.Jensen,P.E. Harlan M.Olson Ismael Martinez,PE. L.Phillip Gravel,P.E. Agnes M.Ring Michael P Rau,P.E. Karen L.Wiemeri,P.E. James F Engelhardt Thomas W.Peterson,PE. Gary D.Kristofitz,P.E. C © i. . August 7, 1995 D City of Oak Park Heights AUG I d 935 14168 57th Street North P.O. Box 2007 Stillwater MN 55082-2007 Attn: Mike Robertson, City Administrator Re: Cloverdale Lake/South Pond on Stillwater High School Site Oak Park Heights,Minnesota BRA File No. 55 General Dear Mike: We were recently contacted by Randy Peterson,Barr Engineering,representing the Valley Branch Watershed District, concerning high water levels in Cloverdale Lake. The Watershed District is looking for ways to minimize further increases in lake levels and is considering the option of raising the normal water level in the south pond on the Stillwater High School site. Please see the attached figure, which shows the area and ponds in question. Raising the pond normal water level will have the effect of increasing the storage in the pond and therefore reducing the flow downstream to Cloverdale Lake. A few comments are in order concerning this plan: 1. The increased storage in the pond will provide only a temporary reduction in runoff to Cloverdale Lake. Once the additional storage to reach the new normal water level is used up, any additional runoff will pass through the pond to the lake. • 2. The increased water level in the pond will likely drown out surrounding vegetation. Randy Peterson indicated that the Watershed District is aware of this and would likely revegetate around the pond next year. It should also be-noted that easements are not in place to accommodate a higher water level. 3. Raising the normal water level in the south pond will cause some backup of flow in upstream 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ponds, primarily the detention pond west of the school. Without performing hydrologic modeling, it is difficult to estimate the extent of the backup or to what level the south pond could be raised without causing unacceptable backups in the upstream ponds. The high water levels in Cloverdale Lake do not indicate problems in the operation of the ponds on the high school site. Those ponds were designed to control the rate of runoff,but not the volume. Their design was previously reviewed and approved by the Watershed District, and they appear to be operating properly. The high lake levels apparently are due to a combination of high rainfall this summer in the watershed along with residual high water levels from the large rainfall amounts in 1993 and early 1994. You have expressed the concern that if changes are made to raise the normal water level of the south pond, the Watershed District may ask that these changes be left permanently in place. Randy Peterson informed me that the Watershed District was considering the use of sandbags to raise the water level,which would be a temporary installation. However, that determination could be reversed in the future. The Watershed District has asked if we could perform the hydrologic modeling to determine an acceptable increase in normal water level for the south pond. Alternately, they could do this analysis but requested that we pass along to them our HydroCAD computer files for the area. We would like your direction on how to proceed with this. In summary, whatever problem exists is not the result of activities by the City,which have all been reviewed and approved by the Watershed District. We would be reluctant for the City to do anything which would encourage modification of the City system. If you have any questions about this discussion,please feel free to call me. Sincerely, BONESTROO, ROSENE, ANDERLIK&ASSOCIATES, INC. Daniel J. Edgerton, P.E. att. I 111111111111111 r 418',p 441 0v P `' /N / 1 111\\iililliimilimilattlesii IY••••••14 h /21"1• ' ' � MI K' 431yr----"IIIIIIW I NWL 924.0 HWL 929.1 STILLW•u ER HIGH S� � ' 1 36,, 11 /Al - - , (421 li nLSL 1 lieTh 6» SOUTH POND .ii / kr\liMMINM=M=NEWM4. 1/11%likk ""111111111 - / Ill...,,,,simm•mmusi �.�...���' NO'7 a ',A ;�EO �' 1L E_I A M N • l'Agilrll,..... iillHIHk, ilL1 ,1! AIIIIIPillIllIllk%p. 21" SOUTH POND ON STILLWATER HIGH SCHOOL PROPERTY Nj OAK PARK HEIGHTS , MINNESOTA i IABonestroo Rosene o 400 800 U Anderlik —_— Scale in feet Associates Engineers & Architects 8-7-95 St. Paul • Milwaukee \55\55121\55GEN 2.DWG . n Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Michael C.Lynch,P.E. Gary D.Kristofitz,P.E. Rosene Robert W.Rosene,P.E.' Keith A.Gordon.,P.E. James R.Maland,P.E. Brian K.Gage,P.E. Joseph C.Anderlik,P.E. Robert R.Pfefferle.P.E. Jerry D.Pertzsch,P.E. Keith R.Yapp,P.E. Marvin L.Sorvala,P.E. Richard W.Foster,P.E. Frederic J.Stenborg,P.E. Douglas J.Benoit,P.E. Anderlik & Richard E.Turner,RE. David 0.Loskota,P.E. Scott J.Arganek,PE Shawn D.Gustafson,PE. Glenn R.Cook,P.E. Robert C.Russek,A.I.A. Kenneth P Anderson,RE. Cecilio Olivier.P.E. E. oyes,RE. Jerry A.Bourdon,R . Mark R.Rolfs,RE. Paul G.Heuer,RE. Associates Robert Thomas G Sclhunicht,RE. Mark A.Hanson.PEE Mark A.Seip,PE John P Go der,PE. Susan M.Eberlin,C.P.A. Michael T.Rautmann,P.E. Gary W.Morien,P.E. Dan D.Boyum,P.E. Engineers &Architects 'Senior Consultant Ted K.Field,P.E. Paul J.Gannon,A.I.A. Jeffrey J.Ehleringer,P.E. Thomas R.Anderson,A.I.A. Daniel J.Edgerton,P.E. Lee M.Mann,P.E. Donald C.Burgardt,P.E. A.Rick Schmidt,P.E. Charles A.Erickson Thomas A.Syfko,P.E. Philip J.Caswell,P.E. Leo M.Pawelsky Frederic J.Stenborg,P.E. Mark D.Wallis.P.E. Harlan M.Olson Ismael Martinez,P.E. Miles B.Jensen,P.E. Agnes M.Ring Michael P Rau,P.E. L.Phillip Gravel,P.E. James F.Engelhardt Thomas W.Peterson,P.E. Karen L.Wiemeri,P.E. February 23, 1995 Valley Branch Watershed District P.O. Box 838 Lake Elmo, MN 55042-0538 Attn: Randall D. Peterson, P.E. Re: Stillwater High School Wetland Mitigation VBWD Permit #92-1 BRA File No. 55100 Dear Mr. Peterson: In response to your 11/3/93 letter concerning the above referenced project, and as we subsequently discussed on the telephone, attached for your review is the record plan for the wetland mitigation. The wetland replacements were constructed largely in accordance with the construction plans, with minor field revisions to reflect actual contours encountered. If you require any more information, please call me at (612) 636-4600. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J. Edgerton, P.E. att. cc: Aiike Robertson, City of Oak Park Heights Joe Anderlik, BRA 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 . ,. , , \ . . . 70,,,,,, ,, 7/... -k- .. \ , , - ..\1‘,` \‘' \ ‘ 1/4c,o. ' ' 4 __ i/ ' /,(1/',./1/;ill:, /10 /1:i,/,,,': , ---.. ----..,_ 1 ii; / ' ' :NN 0 3 s: , i ,,..___) ,\\ . \. \ 1/4, c , Di „/1/1/ 3::(f) \ '3 \ 1 . !\, , f1. : ; \\Clif I u / i /il i . W . u. 1,1 (17 6 „. �� ;1\ Olib r \‘‘i \\ / -\, \-\ 6-5 S '..,\\ 91 - zf O ) ) \ 1 r- /41,1,L / r m 41/4.-:ki 4 IL ._-,-7,.,�i tT 'm 4/#2 j r;,- --A i, ( _......____:_:„.,_ c„ rt ) 7 ,,, - ----- ,--, './t ditiro, 0.. ,..i.?., .......--,__---- - . ,„, -, .--',--/- ,,/A nw . __,,-- ,... ,,, ., • ... 0 4„,„ ,c,.. ,--.„ -___--,---- ,,,, .„,„, , . , , 7,_ _.__....,. ___-- ._ ___ _______ ___ , / -. WV / / f� / _ ---- r<� _ -- ;' - _ m l . _ \ ;r „ --.-_ — ----- \ _____, x i m > o oof NNoo - I ,:ym . 0 -UK \9,,,,,30 Iv 90 A , rn O C7 S— — --- 0? iv/ (I) IIm -I u) z mD � ? rn p � �_ o go i • 'F '' ___.-7 < m --i / ( r/ x [< C� t0 < w :11- x 8 co • i R 9 / 1 O li m < rXi ^ rn0./ A D D Tr x Z 6 A / l w O w m Atm x / / wrn < ao < ."11.11144o yy -4-... t.7°Lir% ( ., i ! to cu,„:, yoz, . - -,..ii .. ( , ...„ ,..,. z_.kl 4 x , f ,--). _cp PO it Z wl U 10i ' `�..-,-. - 7e kL) y(4) I j °, \.. L-- __ _L__-- ----e- _, iN a ---7414/0 / L 7 --- / rI ) ) xi r- I Otto G.Bonestroo,P.E. Keith A.Gordon,P.E. Mark R.Rolfs,P.E. Rene C.Plumart,A.I.A. Li Robert W.Rosen,RE. Richard W.Foster,P.E. Robert C.Russek,A.I.A. Agnes M.Ring,A.I.C.P. Bones t roo Joseph C.Anderlik,P.E. Donald C.Burgardt,P.E. Thomas E.Angus,P.E. Jerry D.Perrssch,P.E. Marvin L.Sorvala,P.E. Jerry A.Bourdon,P.E. Howard A.Sanford,P.E. Cecilio Olivier,P.E. RoseneRichard E.Turner,P.E. Mark A.Hanson,P.E. Daniel J.Edgerton,P.E. Robert R.Dreblow,P.E. Glenn R.Cook,P.E. Ted K.Field,P.E. Mark A.Seip,P.E. Gary W Morien,P.E. Anderlik & Thomas E.Noyes,P.E. Michael T.Rautmann,P.E. Philip J.Caswell,P.E. Karen L.Wiemeri,P.E. IsmaelRobert G.Schunicht,RE. Robert R.Pfefferle,RE. Susan M.Eberl n,C.P.A. David O.Loskota,P.E. Ma k D.Wall sd s,RE. ChaA.Erickson Associatesckson Thomas W.Peterson,P.E. Thomas R.Anderson,A.I.A. Leo M.Pawelsky Michael C.Lynch,P.E. Gary F.Rylander,P.E. Harlan M.Olson Engineers & Architects James R.Maland,P.E. Miles B.Jensen.P.E. Kenneth P.Anderson,P.E. L.Phillip Gravel III,P.E. August 28, 1991 RECEIVED Ms. LaVonne Wilson AUG 3 0 1991 City of Oak Park Heights 14168 57th Street North P.O. Box 2007 Stillwater, Minnesota 55100 Re: Valley Branch Watershed Rules and Regulations Our File No. 55100 Dear LaVonne: In accordance with the request of the Mayor and City Council we are forwarding a copy of the Rules and Regulations for the Valley Branch Watershed District which were adopted on December 13, 1991. We are not totally able to understand the wetland value criteria being used to prevent discharge of storm water to the depression at the south limits of the proposed High School site. However we are just initiating the study to see what adverse effects this will have on the school site.and future development properties in the area. Possibly the City and/or School District will want to receive information on specific authorization and interpretation of rules and regulations as it relates to this latest requirement. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ;'' Com. oseph C. Anderlik JCA:dh Enclosure 7 2335 West Highway 36 • St. Paul,Minnesota 55113 • 612-636-4600 • 35th Anniversary P., y, '\IAHTt '''q 'DI: ,„ e __, .,,, ., ...:, , _ , , i,.,..,...,. , . ,. „ „) , L... , '?♦ C`,�pie� ,r. ` R.�,.+.� 71 _ A..�, -�.+...•+-�-�--�1.Win""..=► f . .-S 1 '4 Yi- • 1 1y C 1 •' ` 53 r_r_s lct te. . :. !.i,e.d. ., 1 . k �ranCh - a �e 1990 �Ad\ii... , .. dp.ted° "tec. 3,~ _' : ; `, • AbTF .f 1..,.4 F.LAND ; ..-ti.-.,• i ` i� 1 w 1 , 011; k.qpm. ,.._ •.++...__.__ __... I MI L !� •I• a .:.� •a-•n•.-..r.-11c':�'.a..sw.. +Yr.:�.-.1F7 ._ -. F I� 1 / r•n I 1 �/ �.. r.}....le. • ~I �rI'i 1 _ A I' • • SAINT! .� �.- t1.�p.+4' J __, ii(i .,__,.(,, 4 I, I RULES .AND REGULATIONS OF THE VALLEY BRANCH WATERSHED DISTRICT SECTION I. PURPOSES Subd . 1 Policies A. To implement the purposes for which the District was created. B. To carry out the policies contained in the Water Management Plan. C. To coordinate the District' s activities with other governmental agencies. D. To insure that the water resource is considered , protected and preserved during the urbanization and development of the District . E. To insure that future regional water management needs are considered in the development of individual subdivisions, developments and local water management plans . F. To protect the public health , safety and welfare . Subd. 2 Standards A. To aid the Managers in their review process . B. To inform the Manager ' s staff of the criteria on which they should base their review and recommendations . C. To inform permit applicants of the criteria against which their proposed developments will be reviewed . D. To provide the communities with guidelines for the development of local water management plans. Subd. 3 Application These Rule's and Regulation's shall not require permits within municipalities which have a Water Management Plan approved by the District. SECTION II. GENERAL POLICY. Subd . 1 . To implement the purposes of these Rules and Regulations , the Managers intend to do the following : A. Assist municipal officials in the preparation of local water management plans and land development guides . B. Review permit applications filed with the Minnesota Department of Natural Resources pursuant to Minnesota Statutes Chapter 105 as well as other development plant and proposed subdivisions. The Managers desire to become informed of improvements and land development proposals during the early planning stages. It is the intent of the Managers that the communities be the primary vehicles for submission of proposed improvements to the Managers . The Managers will review proposed improvements when the appropriate community is aware of the improvement proposal . C. It is the intent of the Managers to exercise control over proposed developments only to the extent necessary to protect the waters of the District from unreasonable impacts which are inconsistent with the policies contained in the Water Management Plan and these Rules and Regulations . D. The Managers will submit to the communities their comments , recommendations , requirements and all District actions regarding proposed improvements. All District requirements shall be included in the community permits . E. The Managers will coordinate their review with the communities and , when appropriate , with Counties , Minnesota Department of Natural Resources , Minnesota Pollution Control Agency and other appropriate State agencies . F. The review and administrative costs of any proposed project requiring a District permit shall be borne by the permit applicant. Subd . 2 . Regulations A. All permit applicants shall submit an escrow deposit to be used to defray the District's review and administrative costs . The amount of the escrow deposit shall be determined by the Managers and this information is available upon request . -2- B . Unless work covered by a permit is initiated within one year from date of issuance , the permit lapses . Such language shall appear upon the permit. SECTION III. DEFINITIONS For the purpose of these Rules and Regulations , the terms defined in this section shall have the meaning attached to them. Subd . 1 District means the Valley Branch Watershed District . Subd . 2 Drainage System means those features of the watershed such as lakes , ponds , streams and waterways which contain and convey waters of the District . Subd . 3 Drainageway or waterway means any natural or artificial channel which provides a course for water flowing either continuously or intermittently. Subd . 4 Flood Plain is the area along channels and waterways , including the area around lakes , marshes and lowlands which would become inundated as the result of a flood occurring on the average once every 100 years . Subd . S Floodway means the channel and those areas of the flood plain which are reasonably required to efficiently carry and discharge the flood waters of a river , stream or lake. Subd . 6 Flowage Easement means an easement held in public ownership to reserve area along waterways and around storage sites for the passage or retention of waters , construction of drainage improvements and maintenance . Subd . 7 Local Water Management Plan is the local government unit' s water management plan , as defined by Minnesota Statutes 103B . 235. Subd . 8 Minimum Building Elevation is the elevation of the lowest floor of the building. Subd. 9 Person means an individual, firm, partnership, association , private corporation , city, village , county, town , school district or other political subdivisions. -3- Subd . 10 A Plan is the map or drawing and supporting data indicating the proposed layout of a subdivision , development , new construction , changes or alterations to construction or to land contours . Subd . 11 A Plat is a drawing or map of a subdivision , meeting all •the requirements of the applicable Minnesota Statutes . Subd. 12 Public health, safety and welfare extends to and includes any act or thing tending to improve or benefit or in any way affect the general public either as a whole or as to a particular community or part thereof. This definition is to be construed liberally to give meaning and effect to the goals and purposes of the Valley Branch Watershed District and also Statutes and ordinances relating to flood plain management and shoreland use . Subd . 13 Storage Site means an area which is reserved for holding waters . Subd . 14 Water Management Plan is the District' s watershed management plan, as defined by Minnesota Statutes 1638. 231. Subd . 15 Waters of the District include lakes , ponds , streams , marshes and other wetlands. Subd . 16 Watershed means an area bounded peripherally by a drainage divide , which collects precipitation and provides runoff to a particular drainage system. SECTION IV. LOCAL GOVERNMENTAL RESPONSIBILITY Subd. 1 Policies A. The communities are responsible for : (1) Land use plans and zoning ordinances (2 ) Local water management plans (3 ) Shoreline and flood plain, ordinances -4- The Managers will review these plans and documents to minimize adverse impacts to the waters of the District and to insure regional water management needs are included in local water management plans . B. The Managers request that the communities submit proposed 'subdivisions and development plans for review. Subd. 2 Regulations A. The Communities shall file with the Managers for their review and comment all ordinances , plans and development guides relating to: (1) Land alteration (2) Surface drainage (3) Flood plain management (4 ) Shoreline management B. The community , upon receipt of plans for proposed subdivisions and developments shall submit such plans to the Managers for review, comment and approval . The Managers shall acknowledge the receipt of these plans . C. Prior to final approval of any proposed development plans by the governing body of the community, the Managers shall submit , within 50 days of receipt of such plans , their comments, requirements and approval or denial of the proposed development. Subd . 3 Standards for Water Management Plans A. Describe existing and proposed physical environment and land use . B. Define drainage areas and the volume rates and paths of stormwater runoff. (1) Design criteria shall be the 10, 50 and 100-year storms. (2) Durations shall include 1/2 hour to 10-day storms as well as 10-day snow melt. (3 ) Identify preliminary size of future pipes or channels. -5- m. (4 ) Identify minor watersheds within those identified in the Water Management Plan . ( 5) Identify location of waterways . (6) Demonstrate conformance with the hydrology of the Water Management Plan . C. Identify storage sites including wetlands (1) Design criteria -- 10, 50, and 100-year frequency (2) Define storage volume (3) Define normal water level elevation (4) Define outflow rates. D. Define water quality and protection methods adequate to meet performance standards established in the Water Management Plan . E. Identify regulated areas F. Set forth an implementation program, including a description of official controls and , as appropriate , a Capital Improvement Program. G. The local governmental unit's permitting process for land and wetland alteration work shall be outlined in the local water management plan. All land and wetland alteration plans shall be submitted to the District for review and comment . The District reserves the right to recommend to the local unit of government that a project which the District considers to be inconsistent with the local management plan be denied. If the local unit of government proceeds to approve such a project, the District reserves the right to take legal action. SECTION V. FLOOD PLAIN MANAGEMENT Subd. 1 Policy • A. Because damage may result from the improvement and development of areas subject to inundation by flood waters resulting in the need for private and public expenditures , it is in the best interest of the -6- public health , safety and welfare that the Managers regulate the development and the use of the land abutting the waters of the District . B. Alterations or work within the flood plain or waters of the district will be reviewed to : (1) control flood plain encroachments (2) prevent adverse environmental impact C. The Managers will review all proposed subdivisions , plats and developments to reserve right-of-way for future water management needs . Subd . 2 Regulations A. All subdivisions , plats and developments require the approval of the Board of Managers of Valley Branch Watershed District. B. All work within the waters and flood plain of the District require a District permit. C. If an improvement plan is received at least 14 days before a regularly scheduled meeting , the Managers will act on the plan at that meeting. In any case , the Managers will comment , approve or deny the permit request and state the reasons for such actions within 50 days of receipt of the complete proposed development plan . • D. Issuance or denial of a permit shall be based on the policies set forth in the Water Management Plan , these Rules and Regulations and applicable State policies , and the criteria found in the District Standards . Subd. 3 Standards A. 100-year Flood Level Determination (1) Ultimate development of the tributary watershed shall be assumed . (2) Flood levels shall be either determined or approved by the District Engineer . (3 ) Many depressions within the District are landlocked. That is , they have no surface -7- water outlet . Because there is no surface outlet , runoff collecting in these depressions is removed only by seepage and evaporation . Under these circumstances , a detailed flood level analysis should include the effects of seepage and evaporation. Analysis of this type can be very complex . In order to determine approximate flood levels for these depressions , a simpler method of analysis was devised . With this method , the approximate 100-year flood level is determined using the annual runoff volumes shown in the following table: Difference: 100-year Average Net 100- Annual Annual Year Runoff Runoff Annual Volume, Volume, Volume, Land Use Inches Inches Inches Impervious 40 10 30 Turfed 18 8 10 Water Surface 12 -6 18 For a natural landlocked pond , the average year ' s runoff volume is assumed to be dissipated by the average seepage rate of the pond. The additional runoff for a wet year is assumed to be stored in the pond above the normal pond level. If the applicant can demonstrate that seepage will be greater than is assumed by this method , a less conservative flood level may be accepted . The 100-year flood level is the level at which the depression will store the runoff volume calculated using the above table and the tributary watershed . Storage below the normal water level of the depression shall not be included in the computations . To use the land within the District to the maximum extent desirable , the communities and developers are encouraged to make detailed analyses and accurately determine 100-year flood levels. However , in the absence of a detailed analysis , the District Engineer ' s recommendations and requirements shall be based upon flood levels determined using the above approximate method . -8- B. Minimum Building Elevations Adjacent to all waters of the District, the Managers shall set the minimum building elevation at two feet above the 100-year flood elevation . The minimum building elevation for each lot shall be noted on the final plat. C. Flood Plain Preservation and Uses (1) Flood plains adjacent to existing and future waters and waterways shall be preserved by dedication and/or perpetual easement to the community in which they are located. These easements shall cover those portions of the property which are adjacent to the water or waterway and which lie below the 100-year flood elevation . The local governmental unit shall be responsible for all necessary maintenance within the drainage easement . (2) Filling and crossing of waters of the District . a. Lakes , ponds and storage sites -- fill volumes shall be limited so that the cumulative effect of all possible filling will not raise the 100-year flood level more than 0. 1 foot. b. Waterways -- fill and other alterations shall be limited so that the cumulative effect of all possible alterations shall not increase the 100-year flood level more than 0. 5 foot . (3 ) The Board of Managers may determine that certain areas of the District are or will be in a flood situation and will not allow any filling until the situation has been corrected . (4 ) Uses of Flood Plain Adjacent to Waters of the District a . Buildings or other improvements to be located in the flood plain or materials to be stored in the flood plain will be . permitted only when: -9- 1 . It can be shown that the building or improvements to be located in the flood plain will not be significantly damaged by flooding . 2 . It can be shown that the improvements and materials will not unreasonably endanger life or property. 3. It can be shown that the improvements and materials will not unreasonably affect the water resource . D. Flood Plain Alterations (1) Alterations which will unreasonably impact another community will not be permitted . Such alterations may include: The outletting of landlocked ponds to another community and modifying lake outlet elevations . (2) Alterations which will unnecessarily impact the waters of the District will not be permitted . (3 ) Alterations not in conformance with the Water Management Plan for the District and State policies will not be permitted . SECTION VI. SEDIMENT AND EROSION CONTROL Subd . 1 Policy A. To minimize the erosion which often occurs as a result of land alteration , the Managers will require that all projects , which would affect the waters of the District , have temporary and permanent erosion control measures . Subd. 2 Regulation A. Land alterations which remove or cover surface vegetation on more than one (1) acre require a Valley Branch Watershed District Permit. B. A permit will not be required for usual agricultural practices but the District will encourage good conservation measures. -10- C. If an erosion problem develops , the Managers will require action to correct the problem and prevent recurrence . D. The issuance or denial of a grading permit shall be based on the policies contained in the Water Management Plan , these Rules and Regulations , and the criteria established in the District Standards . E. If a complete permit application is received 14 days prior to a regularly scheduled meeting , the Managers will act on the application at that meeting. In any case , the complete permit application shall be acted on within 50 days of receipt. Subd. 3 Standards A. Projects Which Require a Temporary Erosion and Sediment Control Plan (1) Projects which remove or cover more than one acre of surface vegetation. (2 ) Projects which could reasonably be expected to introduce sediment to the waters of the District . B. Standards for Temporary Erosion and Sediment Control Plans (1) The Board of Water & Soil Resources and the Association of Metropolitan Soil and Water Conservation Districts ' "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the Soil Conservation Service 's "Fact Sheets" shall serve as the minimum guidelines for erosion control measures . (2) All dikes , ditch checks, sediment ponds and other features shall be designed for a 5-year event.' (3 ) Plans shall include commonly accepted restoration methods. -11- (4 ) Any disturbed area shall be seeded and mulched within 14 days after final grading or any disturbed area which is not to be developed immediately shall be seeded and mulched within 14 days after being disturbed. The Manager's may, if requested and conditions warrant, allow more than 14 days before seeding and mulching is required. (5) All erosion and sediment control measures shall be installed prior to alteration and maintained until turf is established. The District Engineer shall be notified three days prior to commencement of grading to schedule an inspection of the project' s erosion controls . The erosion controls must be in place and properly installed before grading will be permitted . (6 ) All construction-related sediment shall be removed from ponding areas upon completion of construction . SECTION VII. APPROPRIATION OF WATERS Subd . 1 Policies A. To manage the water resources of the District , the • Managers must be informed of the proposed appropriation of ground and surface waters . B. The Managers require that the effect of the proposed appropriation be defined before approval is granted. Subd. 2 Regulations A. In all cases of appropriation of waters requiring a Department of Natural Resources permit , a copy of the permit application must be filed with the Managers ; for their review and approval. B. The Managers will act on the permit application within 50 days after receipt of the complete application . -12- SECTION VIII. DISCHARGES AND STORMWATER RUNOFF WITHIN THE DISTRICT Subd . 1 Policies A. To carry out the responsibility of managing the District's water resources, the Managers must be informed of all water and wastewater discharges within the District. This includes stormwater runoff , municipal and industrial wastewater discharges and lake augmentation . B. All discharges and related improvements must conform to the applicable requirements of State and Federal agencies . C. P.11 stormwater discharges must be in general conformance with the District' s and Communities' Water Management Plans. D. New developments shall not increase the rate of surface water runoff from the applicant' s property for precipitation events of all durations and magnitudes up to the 100-year storm. E. All discharges and related improvements shall not unreasonably impact the waters of the District. Subd . 2 Regulations A. All projects which discharge water or wastewater within the District require a Valley Branch Watershed District Permit. B. All projects which create a new impervious surface of 6,000 square feet or greater require a permit. C. Issuance or denial of a permit will be based on the policies set forth in the Water Management Plan and these Rules and Regulations. D. The Managers will act within 50 days of receipt of the complete permit application. -13- E . In case of emergency action performed without a Valley Branch Watershed District Permit , the Managers shall be notified of the action and pertinent facts as soon as possible. A retroactive permit shall be required in such cases . In the event the Managers determine the facts do not warrant issuance of a permit (retroactive) , the action will be considered a violation of these Rules and Regulations and treated accordingly. Subd . 3 Standards A. All proposed storm drains shall be capable of discharging the 5-year flood discharge without introducing sediment into the waters of the District. B. The determination , if a design will result in an erosion problem, 'shall be based on generally accepted engineering design manuals or practices . C. Discharges resulting from the modification of the outlet of landlocked basins shall not flow into landlocked areas of other communities more frequently than once every 100 years on the average . D. Runoff rates should be calculated by accepted design methods. Applicants must submit calculations showing that runoff rate is not increased in events up to the 100-year recurrence interval for storms of any duration . E. Stormwater discharges may be increased in rate in one portion of a subwatershed if the increase is compensated for in other portions of that subwatershed . The applicant shall demonstrate that the local effects of rate increase will not have a significant impact . F. Drainage facilities for parking lots for more than 10 vehicles and for motor vehicle service facilities shall incorporate a 'skimming device capable of retaining floating liquids and debris . • -14- SECTION IX. WETLANDS MANAGEMENT Subd . 1 Policy The District finds that wetlands provide public value by conserving surface waters , maintaining and improving water quality by reducing the stormwater sediment load , preserving recreational opportunities , reducing the rate of stormwater runoff through floodwater retention, reducing stream sedimentation , contributing to improving subsurface moisture , and enhancing the natural beauty of the landscape ; and that it is in the public interest to promote comprehensive water management by regulating activities that destroy or diminish wetlands . Subd . 2 Application These Regulations apply to those waters of the District which are shown on the current United States Fish & Wildlife Services National Wetland Inventory Maps , and the Water Resources Inventories prepared by Washington Soil and Water Conservation District dated September , 1982 , or later revisions . Subd . 3 Wetlands Definition Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water . A wetland has one or more of the following attributes : 1. At least periodically, the land supports predominantly wetland vegetation. Wetland vegetation is listed in "National List of Plant Species That Occur in Wetlands: North Central (Region 3 ) " , Fish and Wildlife Service , May, 1988, or later revisions. 2. The substrate is predominantly undrained hydric soil. Hydric soils are those which have been exposed to water for long enough periods of time to experience oxygen depletion. Hydric soils are listed in "Hydric Soils of the United States 1985" , Soil Conservation Service, October , 1985, or later revisions . 3. The area is saturated with or covered by shallow water at some time during the growing •season of each year . -15- The Federal Manual for Identifying and Delineating Jurisdictional Wetlands , an Interagency Cooperative Publication, January 10, 1989, or later revisions , shall be used for guidance regarding the delineation of wetlands . The District shall require each permit applicant to specify on the permit application whether or not the proposed site contains wetlands. Wetland location and size shall be clearly marked on the plans which accompany the permit application. If the District has grounds to believe the site contains wetland's not identified in the permit application , the District shall: 1. Require the applicant to submit additional information such as soil analyses , topographic surveys , surveys of vegetation, and engineering or hydrologic data , all certified by competent professionals , to aid in the determination , and/or 2. Conduct a site inspection and evaluation; and/or 3. Use any other reasonable method to determine if the site contains wetlands. The applicant shall provide copies of the application and supporting documents to the Minnesota Department of Natural Resources (DNR) , the United States Army Corps of Engineers (Corps) , and the Washington or Ramsey Soil and Water Conservation District. it is the responsibility of the applicant to determine if permits from the Corps , the DNR and/or other governmental agencies are required . Subd . 4 Regulations Except as required by other provisions of these Rules and Regulations , the following uses in wetlands shall not require a permit: 1. Recreational trails. 2. Objects or improvements made in conjunction with and necessary to parks , nature and wildlife preserves. 3. Agricultural uses , provided the use does not result in the filling , excavation , or drainage of a wetland . 4. Maintenance activities conducted by a local unit of government in accordance with a maintenance plan approved by the District. • -16- Subd . 5 Standards Dredging , ditching , excavating , the placement of fill , the placement of a structure or any other activity which results in a change in the rate of water drainage from the wetland or changes the character of the wetland , shall be permitted by the District only if all of the following conditions are met : 1. The applicant demonstrates a need for the alteration . 2. The applicant demonstrates the absence of reasonable alternatives for the alteration. A reasonable alternative is one which has fewer adverse impacts upon the wetland and would not result in other significant adverse environmental consequences . 3. The alteration will not increase the water temperature of a receiving trout stream. 4. The alteration will not reduce the existing storage volume in the immediate watershed . Storage volume will be determined as stated elsewhere in these Rules and Regulations . 5. The alteration meets all other requirements of these Rules and Regulations . 6 . Any requirements or conditions the District deems necessary to insure the standards and purposes of this section are carried out . • Subd . 6 Criteria The functional values and acreage lest as a result of a wetland alteration shall be replaced according to the following criteria : 1. Replacement wetlands shall be created in upland ureas at a rate not less than 1. 5 times the area of the original wetland . 2. Replacement wetlands shall be of equal or greater public value in terms of water retention, water quality enhancement, wildlife habitat, recreation , aesthetic quality and educational value . Water -17- quality enhancement value of the wetland will be measured according to a model acceptable to the District . Water retention , wildlife habitat and aesthetic value will be measured according to "The Minnesota Wetland Evaluation Methodology For The North Central United States" , prepared by the Corps , in conjunction with the Minnesota Environmental Quality Board , September , 1988, or later revisions . 3. Replacement wetlands shall be located within the District. 4 . Replacement wetland shall be completed and approved by the District before alteration of the existing wetland . If this criteria cannot be met, the applicant shall post a performance bond equivalent to at least 150% of the estimated construction cost of the replacement wetland , as determined by the District . Additional bonding will be required based upon conditions imposed on the applicant. • Subd . 7 Dispute Resolution Wetland delineation and replacement disputes shall be resolved by a panel , appointed by the District, consisting of , but not limited to , a technical professional employee of the Minnesota Department of Natural Resources , a technical professional employee of the Washington or Ramsey Soil and Water Conservation District, and the Valley Branch Watershed District Engineer . This panel shall prepare a written recommendation to the Managers of Valley Branch Watershed District within sixty (60) days , and the Managers shall act upon that recommendation within thirty (30) days . SECTION X. PERFORMANCE BONDS Subd. 1 To assure compliance with these Rules and Regulations, the Managers may require the posting of a performance bond or other security where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the District . Subd . 2 Where a municipality or other governmental agency includes in its requirements that the applicant furnish a performance bond or other security, the District may require an additional performance bond from the applicant. -18- SECTION XI. VARIANCES Subd. 1 Policies A. The Managers may grant variances from these Rules and Regulations when they find that due to unique physical conditions of the land or waters involved , extraordinary and unnecessary hardship may result from strict compliance . Such variances will not have the effect of nullifying the intent and purpose of these Rules and Regulations , or the Water Management Plan . B. In considering the variance , the Managers shall consider the effect upon the entire District and Water Management Plan . Subd . 2 Regulations A. An application for a variance shall be submitted to the Manager's and shall document the exceptional conditions and peculiar difficulties claimed and resulting - impacts from approval of the variance . B. The Managers shall approve or deny the variance within 50 days of receipt of a complete variance application . SECTION XII. ADMINISTRATIVE PROCEDURE Subd . 1 The District Engineer must receive from the applicant a complete permit application, all necessary supporting documents , and the escrow deposit 14 days prior to a meeting at which application is to be considered . Subd. 2 The District Engineer will review each permit request with respect to Valley Branch Watershed District policies and criteria . Subd. 3 The District Engineer will send the applicant a letter detailing: A. Applicable Valley Branch Watershed District criteria and policies . B. Additional required information where necessary with copies to the appropriate community and other concerned agencies . -19- Subd . 4 The District Engineer will place the development proposal on the agenda when all the required information is received and all Valley Branch Watershed District policies are met or a variance is requested and supporting written documentation is submitted . The Engineer will then submit a written report to the Managers at least two (2 ) days prior to the review meeting . SECTION XIII. ENFORCEMENT AND SEVERABILITY Subd . 1 The District may exercise all powers conferred upon it by Minnesota Statutes, Chapter 103D, in enforcing these Rules and Regulations . Subd. 2 If for any reason a section or subdivision of these Rules and Regulations should be held invalid , such decision shall not affect the validity of the remaining Rules and Regulations . Subd. 3 These Rules and Regulations shall conform to Minnesota Law and if inconsistent therewith , the latter shall govern and these Rules and Regulations are amended accordingly. SECTION XIV. APPELLATE PROCEDURE AND REVIEW Subd. 1 Any person aggrieved by enforcement of these Rules and Regulations or by any Order of the District may appeal therefrom in accordance with the appellate procedure and review as provided in Minnesota Statutes Chapter 103D. SECTION XV. AMENDMENT PROCEDURE Subd . 1 Any person may petition the Managers for the purpose of amending or changing these Rules and Regulations . Subd. 2 The Managers may initiate changes or amendments in these Rules and Regulations . Subd. 3 All changes and amendments in these Rules and Regulations , whether initiated by the Managers or by any other person , will require a majority vote of the Managers . -20- SECTION XVI. PUBLICATION AND EFFECTIVE DATE Subd. 1 The Managers shall cause to be published in a legal newspaper , published in the counties of the District , a copy of these Rules and Regulations as adopted . The Managers shall also file and record a certified copy of these rules and Regulations in the office of the County Recorder of the counties of the District. Subd. 2 These Rules and Regulations are adopted this 13th day of December , 1990, by the Board of Managers of the Valley Branch Watershed District pursuant to Minnesota Statutes , Chapter 103 , following a public hearing held on October 11, 1990. /S/ ALLEN DORNTELD Allen Dornfeld, President /S/ RUSSELL KIRBY Russell Kirby, Secretary • -21- • CERTIFICATION I hereby certify that I have compared the foregoing copy of the Rules and Regulations of the Valley Branch Watershed District with the original thereof contained in the files and records of my office and I find the same to be true, complete and correct; I further certify that said Rules and Regulations were adopted by the unanimous vote of five members of the District. Dated: Arvv /V /64:/ / /S/ RUSSELL KIRBY Russell Kirby, Secretary • • • •