HomeMy WebLinkAboutLocal Surface Water Management Plan, May 2008CM0FOAKPARJrlW/GffIS
LOCAL SURFACE WATER MANAGEMENT PLAN
Oak Park Heights
May 2008
Project Number: 55- 05141 -0
Review Draft
* Bonestroo
Fax 651- 636 -1311
w .bonestroo.com
December 7, 2007
Mr. Eric Johnson - City Administrator
City of Oak Park Heights
216 N. 4th Street
Oak Park Heights, MN 55082
Re: Draft for City Review
Local Surface Water Management Plan
Project Number: 55 -05 -141 -0
Dear Mr. Eric;
r Bonestroo
We are pleased to provide this Draft Surface Water Management Plan for your review and look forward to
discussing this plan with you and the City Council. Following your review, we will incorporate the City's
comments into the draft document, and submit an agency review draft to the watershed organizations and
the Metropolitan Council.
Please contact me with questions or comments.
Sincerely,
BONESTR00
Bob Barth
Project Manager
City of Oak Park Heights Project No. 55 -05 -141 -0
local Surface Water Management Plan Bonestroo
OAK PARR HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
Table of Contents
ExecutiveSummary ..................................................................................................... ............................... i
Purposeand Scope .......................................................................................... ............................... 1
1.1 Purpose ................................................................................................. ..............................1
1.2 Scope ................................................................................................... ............................... t
2 Physical Setting ............................................................................................... ...............................
2
2.1
Location and History .............................................................................. ..............................2
2.2
Topography ........................................................................................... ..............................2
2.3
Soils ..................................................................................................... ...............................
4
2.4
Groundwater ......................................................................................... ..............................4
2.5
Climate .................................................................................................. ..............................4
2.6
Water Resources .................................................................................... ..............................6
2.6.1 Rivers and Streams ................................................................. ...............................
6
2.6.2 Lakes ....................................................................................... ..............................7
2.6.3 Wetlands ................................................................................. ..............................7
2.7
Drainage Systems ................................................................................. ...............................
7
2.8
Planning and Development .................................................................... ..............................8
2.8.1 Comprehensive Plans .............................................................. ...............................
8
2.8.2 Land Use ................................................................................. ..............................8
3 Regulatory Setting ............................................................................................ ..............................9
3.1
City Services ......................................................................................... ...............................
9
3.2
Washington County ............................................................................... ..............................9
3.3
Washington Conservation District ( WCD) ............................................... .............................10
3.4
Watershed Management Organizations ............................................... ...............................
10
3.4.1 Brown's Creek Watershed District ( BCWD) ............................ ...............................
12
3.4.2 Middle St. Croix Watershed Management Organization (MSCWMO) .....................
12
3.4.3 Valley Branch Watershed District ( VBWD) ................................ .............................12
3.5
Metropolitan Council .......................................................................... ...............................
12
3.6
State Board of Water and Soil Resources ( BWSR) ................................... .............................12
3.7
Minnesota Pollution Control Agency ( MPCA) ....................................... ...............................
13
3.8
Minnesota Department of Natural Resources ( DNR) ............................... .............................13
3.9
Minnesota Department of Health ( MDH) ................................................ .............................13
3.10
Minnesota Environmental Quality Board (EQB) .................................... ...............................
13
3.11
Minnesota Department of Transportation (Mn /DOT) ............................ ...............................
14
3.12
U.S. Environmental Protection Agency ( EPA) ........................................ ...............................
14
3.13
U.S. Army Corp of Engineers (USACE) ................................................. ...............................
14
3.14
Federal Emergency Management Agency (FEMA) ................................ ...............................
14
3.15
Natural Resources Conservation Service ( NRCS) ................................... ...............................
15
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3.16 U.S. Geological Survey ( USGS) ............................................................. ............................... 15
3.17 U.S. Fish and Wildlife Service (USFWS) .................................................. .............................15
3.18 National Park Service ( NPS) ................................................................. ............................... 15
4. Related Studies, Plans and Reports ................................................................ ...............................
16
4.1
2007 Brown's Creek Watershed Management Plan ............................. ...............................
16
4.2
2006 Middle St. Croix Watershed Management Plan ........................... ...............................
16
4.3
2005 Valley Branch Watershed Management Plan ............................... ...............................
16
4.4
2004 St. Croix Basin Phosphorus -based Water - quality Goals ............... ...............................
16
4.5
2003 Washington County Groundwater Plan ....................................... ...............................
16
5. Water Resources Related Agreements ............................................................ ...............................
18
5.1
Brown's Creek Watershed District ....................................................... ...............................
18
5.1.1 Revised Cooperative Agreement for the Trout Stream Mitigation Project ...............
18
5.1.2 Kern Center Pond Cooperative Agreement ........ ................................ I..................
18
5.2
Middle St. Croix Watershed Management Organization ....................... ...............................
18
5.2.1 Joint Powers Agreement ....................................................... ...............................
18
6 Current Assessment ......................................................................................... .............................19
6.1
Hydrologic Model ........................... ............................... ......................... ............................
19
6.2
Comparison of Regulatory Standards ................................................... ...............................
19
6.2.1 BCWD Rules ........................................................................... .............................19
6.2.2 MSCWMO Standards ............................................................ ...............................
19
6.2.3 VBWD Rules ........................................................................... .............................20
6.2.4 Wetland Management ............................................................ .............................20
6.2.5 Consistency ............................................................................ .............................20
6.3
Summary Findings and Statement of Issues ......................................... ...............................
28
7 Goals and Policies ......................................................................................... ...............................
29
7.1
Summary .............................................................................................. .............................29
7.2
Land Development and Redevelopment ............................................... ...............................
29
7.2.1 Runoff Rate ............................................................................ .............................29
7.2.2 Runoff Volume ..................................................................... ...............................
30
7:23 Flood Prevention ................................................................... ...............................
30
7.2.4 Nutrient and Sediment Loading ............................................. ...............................
31
7.2.5 Erosion and Sediment Control ............................................... ...............................
32
7.3
Water Resource Management ............................................................... .............................32
7.3.1 Wetland Management ............................................................ .............................32
7.3.2 Groundwater Recharge and Protect ion .................................. ...............................
33
7.4
Management of Floodplains, Shorelands and Natural Areas ................... .............................33
7.4.1 Floodplain Management ......................................................... .............................33
7.4.2 Shoreland Management ........................................................ ...............................
33
7.5
Citywide Program Elements ...................................................................
.............................34
Table 2.2
7.5.1 Pollution Prevention ..............................................................
............................... 34
Table 2.3
7.5.2 Monitoring and Maintenance ..................................................
.............................34
Table 2.4
7.5.3 Public Education ..................................................................
............................... 34
Table 2.5
7.5.4 Funding ..................................................................................
.............................35
7.6
Support of Other Agencies ..................................................................
............................... 35
8. Implementation and Financial Considerations ..................................................
.............................37
8.1
Official Controls ....................................................................................
.............................37
8.2
Implementation Plan ...........................................................................
............................... 38
............................... 39
8.2.1 Capital Improvements .............................................................
.............................38
8.2.2 Implementation Program ......................................................
............................... 38
8.2.3 Funding ..................................................................................
.............................39
9 Administration
.................................................................................................
.............................40
9.1
Review and Adoption Process .............................................................
............................... 40
9.2
Plan Amendments and Future Updates ..................................................
.............................40
References............................................................................................................... ............................... 41
List of ADoendices
AppendixA Figures .............................................................................................. ............................A -1
AppendixB Modeling Data ............................................................................... ............................... B -1
Appendix C Water Resource Related Agreements ................................................. ............................0 -1
Appendix D Stormwater Trunk System C osts ......................................................... ............................D -1
List of Tables
Table 2.1
Oak Park Heights Population ..................................................................
..............................3
Table 2.2
Soil Survey Data for Oak Park Heights ...................................................
............................... 5
Table 2.3
Average Monthly Precipitation, 1971 - 2000 ...........................................
............................... 5
Table 2.4
Average Monthly Snowfall, 1971 - 2000 .................................................
............................... 5
Table 2.5
24 -hour Rainfall Depths and Frequency ..................................................
..............................6
Table 2.6
Impaired Waters in Oak Park Heights ....................................................
............................... 6
Table 6.3
Comparison of Local Agency Standards ..............................................
............................... 22
Table 8.1
Surface Water Management Related Codes .........................................
............................... 37
Table 8.2
Implementation Program .....................................................................
............................... 39
List of Maps
Map 1 Storm Sewer Map ............................................................. ............................... Back of Report
List of Figures
Figure2.1 Location Map ....................................................................................... ............................... 3
Figure 2.2 NWI Wetlands ................................................ ............................... .......................Appendix A
Figure2.3 Land Use ........................................................ ............................... .......................Appendix A
Figure 3.1 Watershed Management Organization Boundaries .............................. ............................... 11
CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
Executive Summary
This Local Surface Water Management Plan will serve as a comprehensive planning document to guide the
City of Oak Park Heights in conserving, protecting, and managing its surface water resources. This plan has
been created to meet the requirements detailed in Minnesota Statutes 1038 and Minnesota Rules 8410,
administered by the Minnesota Board of Water and Soil Resources. This plan is also consistent with the
goals and policies of the Metropolitan Council's Water Resources Management Policy Plan, and the three
watershed management organizations having jurisdiction within the City; Brown's Creek Watershed District,
Middle St. Croix Watershed Management Organization and Valley Branch Watershed District.
• Section 2 describes the physical setting; the history, natural resources and land uses within the City.
• Sections 3 through 5 describe the regulatory agencies having jurisdiction in Oak Park Heights, and past
studies and agreements related to surface water resources.
• Section 6 summarizes the inventories, assessments and modeling completed for this plan, and provides
a current assessment of surface water management in Oak Park Heights.
• Section 7 lists the goals and policies identified to address surface water management needs in the City.
• Section 8 summarizes current ordinances and capital projects planned to implement the goals and
policies listed in Section 7.
Section 9 outlines the continued administration of this plan.
The preparation of this plan included a full review of the current surface water system in Oak Park Heights.
The physical system was mapped to establish watershed sub - basins and runoff paths. This information was
used to create a hydrologic model of the entire City, using HydroCAD modeling software. The modeled sub -
basins and system layout are shown on Map 1 attached to this plan. Overall, the City has effectively
managed the conveyance of stormwater runoff. This determination is supported by the hydrologic model
completed for this plan.
In the months and years ahead, the City will face multiple challenges in surface water management, The
governing watershed management organizations within the City will continue to implement surface water
standards that affect City reconstruction and development projects. The Minnesota Pollution Control
Agency (MPCA) will complete local TMDL studies that will lead to challenging implementation projects
throughout the City. Growth in and around the City will put additional pressure on local surface water
resources, while the City's aging infrastructure will require continuous rehabilitation and capital investment.
The City has a strong interest in protecting and managing its valuable water and natural resources,
recognizing the relationships between resource protection, land use management, development,
redevelopment and fiscal responsibility.
City of Oak Park Heights Project *. 55 -05 -141 -0
Local Surface Water Management Ran Bo nest roo i
The goals and policies outlined in this plan are grouped by their relationship to the key issues listed below:
• Section 7.2 Land Development and Redevelopment — Goals and policies to prevent flooding and
adverse impacts to water resources from land disturbance and impervious surfaces.
• Section 7.3 Water Resource Management — Goals and policies for managing Oak Park Heights'
wetlands, lakes, streams and groundwater, to preserve the functions and values of these resources.
• Section 7.4 Management of Eioodplains, Shorelands and Natural Areas — Goals and policies for
managing these areas, to preserve the functions and values of these resources.
• Section 7.5 Citywide Program Elements— Goals and policies for managing water resources and
drainage systems on a citywide scale, to effectively achieve surface water management goals.
• Section 7.6 Support of Other Agencies — Goals and policies to coordinate local surface water
management with the work of watershed management organizations and state agencies.
This Surface Water Management Plan will be incorporated into the City's 2008 Comprehensive Plan update
and will be applicable until 2018, at which time an updated plan will be required. Periodic amendments
may be required to incorporate changes in local practices. In particular, changes in the three applicable
Watershed Management Plans may require revisions to this plan.
City otOak Pack Heights Project No: 55 -05 -141 -0
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CITY OF OAK PARK NEIGNTS - LOCAL SURFACE WATER MANAGEMENT PLAN
Purpose and Scope
1.1 PURPOSE
This Local Surface Water Management Plan will serve as a comprehensive planning document to guide the
City of Oak Park Heights in conserving, protecting, and managing its surface water resources. This plan has
been created to meet the requirements detailed in Minnesota Statutes 103B and Minnesota Rules 8410,
administered by the Minnesota Board of Water and Soil Resources. This plan is also consistent with the
goals and policies of the Metropolitan Council's Water Resources Management Po/iyP /an, and the three
watershed management organizations having jurisdiction within the City: Brown's Creek Watershed District,
Middle St. Croix Watershed Management Organization and Valley Branch Watershed District. This plan may
be periodically amended to remain current with local practices and policies.
1.2 SCOPE
This plan is organized as follows:
Section 2 describes the physical setting; the history, natural resources and land uses within the City.
Sections 3 through 5 describe the regulatory agencies having jurisdiction in Oak Park Heights, and past
studies and agreements related to surface water resources.
Section 6 summarizes the inventories, assessments and modeling completed for this plan, and provides a
current assessment of surface water management in Oak Park Heights.
Section 7 lists the goals and policies identified to address surface water management needs in the City.
Section 8 summarizes current ordinances and capital projects planned to implement the goals and policies
listed in Section 7.
Section 9 outlines the continued administration of this plan.
City- o! 08k Park Heights Project No: 55 -05 -141 -0
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CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
2. Physical Setting
2.1 LOCATION AND HISTORY
The City of Oak Park Heights occupies a scenic location on the bluffs of the St. Croix River in Washington
County (Figure 2.1). The village of Oak Park Heights was originally platted in 1857 and was situated
between Stillwater and South Oak Park Heights before South Oak Park Heights was renamed to Bayport. In
1938, the village was replatted and eventually incorporated as a City in 1959. The City is a well
established community that is nearly fully developed with the St. Croix River dominant landscape and
cultural feature.
Oak Park Heights has seen a surge of development in the last 10 years, particularly commercial
development along the Trunk Highway 36 corridor. Now considered a developed community within the
Twin Cities metropolitan area, The City expects its population to grow slowly through 2030, as shown in
Table 2.1.
TABLE 2.1
OAK PARK HEIGHTS POPULATION
Year
1990
Population
3,486
. ..
1,322
2000
3,777
1,528
2010
5,500
2,180
2020
5,600
2,300
2030
5,700
2,500
Sources: Metropolitan Council, City of oak Park Heights System Statement
2.2 TOPOGRAPHY
The surficial geology of Oak Park Heights consists of glacial and alluvial (outwash) deposits of the
Labradorean Superior Lobe. As the glacier retreated and melted, it left behind areas of outwash and till
deposit formations. The entire City west of the St. Croix River bluff line is covered in till and outwash
formations. The till formations chiefly consist of reddish -brown sandy loam with pebbles, cobbles and
boulders. The outwash formations chiefly consist of sand, loamy sand, and gravel. The eastern area of the
City, adjacent to the St. Croix River, is covered in upper terrace deposits of sand, gravelly sand, and gravel
and lower terrace deposits consisting of generally coarse sand and gravel capped by loamy sand. Areas of
peat and organic -rich sediment deposits are interspersed within the terrace deposits in the eastern portion
of the City. In general, soils in Oak Park Heights have moderate infiltration capacity.
Oak Park Heights has rolling to hilly terrain with some steep and rugged areas. Elevation in the City ranges
from approximately 980 feet in the western portion of the City south of Highway 36 to approximately 675
feet on the eastern border of the City along the St. Croix River.
City of Oak Park Heights Project No: 55- 05- 141 -0
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FIGURE 2.1
LOCATION MAP
CHISAGO COUNTY
ANOKA COUNTY
Marine on 51 Croix
Hu,o
WASHINGTON COUNTY
VMre Bear
i:�_� � Fy a �.I.i�I: r�•i
Lake Elmo
Minneapolis
HENNEPIN COUNTY
SCOTT COUNTY
Saim Pau.
DAKOTA COUNTY
s.lk,aleOak Park
Heights
y
C
i
h
City of Oak Park Heights Project No: 55 -05 -141 -0
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2.3 SOILS
The Soil Conservation Service (SCS) published the Soil Survey ofWashington and Ramsey Counties
Minnesota in 1980. The Soil Survey provides mapping and physical properties for soil types found in the
area. The Sod 5urveywas added to the Soil Survey Geographic (SSURGO) Database' in 2005, providing
digital access to the information.
The Soil Survey assigns each soil type to a hydrologic soil group, according to the soil's ability to infiltrate
water during long- duration storms. The four hydrologic soil groups are: Group A — High Infiltration, Group
B — Moderate Infiltration, Group C — Slow Infiltration, and Group D — Very Slow Infiltration. Most of the
soil types in Oak Park Heights are classified in Hydrologic Soil Group B.
Table 2.2 lists the hydrologic soil group for the primary soils identified within Oak Park Heights. Highly
variable soils are characteristic of the glacial moraine formation. The majority of soils within Oak Park
Heights are classified in the Antigo and Santiago - Kingsley soil series, formed in and over loamy glacial till.
TABLE 2.2
SOIL SURVEY DATA FOR OAK PARK HEIGHTS
Soil Series
Anti go
Drainage Characteristic
Well drained
Hy
B
Auburndale
Poorly drained
D
Brill
Well drained
B
Burkhardt
Somewhat excessively drained
B
Chetek
Somewhat excessively drained
B
Dorerton
Well drained
B
Emmert
Excessively drained
A
Freeon
Moderately well drained
B
Freer
Poorly drained
C
Kingsley
Well drained
B
Mahtomedi
Excessively drained
A
Markey
Poorly drained
A/D
Poskin
Somewhat poorly drained
C
Rosholt
Well drained
B
Santiago
Well drained
B
2.4 GROUNDWATER
Bedrock in most of Oak Park Heights is covered with a thick layer of glacial till deposits, up to 150 feet in
depth. Bedrock layers are exposed on the bluff areas near the St. Croix River. Beneath the glacial till are
four layers of bedrock, from youngest to oldest: St. Peter sandstone, Prairie du Chien dolomite, Jordan
sandstone, and the St. Lawrence - Franconia formation. The depth and composition of these layers affect
groundwater availability and potential for contamination.
Groundwater protection goals and policies, and a detailed groundwater resource overview are provided in
the 1003 Washington County Groundwater Plan, published by the Washington County Department of
Ciryof Oak Parkheights Projeaft 55 -05 -141 -0
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Public Health and Environment. The County also publishes an annual Work Plan, summarizing the status of
groundwater protection priorities and tasks.
2.5 CLIMATE
Climate data for Oak Park Heights are recorded in Stillwater (Station 218037) and are published by the
National Weather Service (NWS) station at Chanhassen, MN. The NWS is a branch of the National Oceanic
and Atmospheric Administration (NOAH). Tables 2.3 and 2.4 provide a summary of precipitation and
snowfall data for Oak Park Heights.
Rainfall frequency estimates are used as design tools in water resource projects. Rainfall frequencies are
summarized in Technical Paper No. 40, Rainfall Frequency Atlas of The United States, published by the U.S.
Weather Bureau in 1961. The U.S. Weather Bureau was combined with other agencies in 1970 to form the
National Oceanic and Atmospheric Administration (NOAA). Table 2.5 lists rainfall frequencies for Oak Park
Heights.
TABLE 2.3
AVERAGE MONTHLY PRECIPITATION, 1971.2000
TABLE 2.4
AVERAGE MONTHLY SNOWFALL, 1971 -2000
Snow (in) 7.2 7.2 11.4 6 8.4 1 0.9 1 41.1
TABLE 2.5
24 -HOUR RAINFALL DEPTHS AND FREQUENCY
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1
2.4
2
2.8
5
3.5
10
4.2
25
4.7
50
5.2
100
5.9
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2.6 WATER RESOURCES
The City of Oak Park Heights has two significant water resources available for the use and enjoyment of its
residents: the St. Croix River and Perro Pond. The following sections provide descriptions of these water
resources. Map 1 shows their locations. The Minnesota Department of Natural Resources (MnDNR) has
regulatory jurisdiction over the lakes, wetlands, and watercourses defined as public waters within the State.
TABLE 2.6
IMPAIRED WATERS IN OAK PARK HEIGHTS
2.6.1 RIVERS AND STREAMS
The St. Croix River was one of the earliest rivers to be designated a Wild and Scenic River under the
National Scenic Rivers Act. The St. Croix Riverway is managed by the National Park Service, The Minnesota
DNR and Wisconsin DNR also manage the Riverway from Taylors Falls to the Mississippi River. The purpose
of the designation is to conserve and protect the scenic, recreational, historic and cultural resources of the
river, and maintain a high standard of environmental quality within the Riverway! The St. Croix River is also
listed by the MPCA as an Outstanding Resource Value Water (ORVW).
The St. Croix Basin Water Resources Planning Team consists of federal and state agency members working
cooperatively on management issues within the 7,760 square mile St. Croix River basin. The 2004 report,
St CroIxBasin Phosphorus -Based Water - Quality Goa /s, is discussed in Section 4 of this plan.
A small portion of southeastern Stillwater drains to Perro Pond via Ferro Creek in the cities of Oak Park
Heights and Bayport. The Middle St. Croix Watershed Management Organization ( MSCWMO) recently
completed a flood control project along Perro Creek through Bayport, as described below in Section 2.6.2.
2.6.2 LAKES
Perro Pond (also called Prison Pond) is considered a Public Water under the jurisdication of the MnDNR.
This lake is located east of the Oak Park Heights Correctional Facility at the bottom of the St. Croix River
bluffs. It is a shallow lake having a surface area of approximately 53 acres and a watershed size of nearly
340 acres.
A State of Minnesota Storm Sewer Project was completed in 2005 in order to provide a safe outlet for Perro
Pond to the St. Croix River. Once all the outlet project and other associated storm sewer projects are
completed, regular flooding that historically occurred in Bayport and in Oak Park Heights should be
alleviated. The project was sponsored by the MSCWMO and funding was provided by the State of
Minnesota through the 2002 bonding bill.
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Source: Final MPCA 2006 303(d) List and Draft 2008 TMDL List
2.6.3 WETLANDS
According to the National Wetland Inventory (NWI) map, the City contains over 35 wetlands of various sizes
and types (Figure 2.2). Larger wetlands are located within the St. Croix River floodplain with smaller
wetlands scattered throughout the western portions of the City due to differences in geology.
2.7 DRAINAGE SYSTEMS
The storm drainage system in Oak Park Heights has a history common to many cities across the nation.
Up until about thirty years ago, storm runoff was collected and carried in the sanitary sewer system.
Diversion structures in the lower watershed routed high flows directly to the river. In the 1970's, the City
began constructing new sewers to separate these systems. Due to the age and often inefficient layout of
these sewers, the City has replaced many of them in the course of street reconstruction projects. In all
cases, the goal of early storm drainage was to remove runoff as quickly as possible. Wetlands were often
filled to create useable land.
Beginning in the 1970's, it was clear that urban growth created new demands on traditional drainage
systems. As in many cities, Oak Park Heights began incorporating dry detention basins and wet ponds for
storage of storm runoff in new developments. Impacts to lakes and other water quality concerns then
became the focus, and wet ponds were built specifically to intercept pollutants. Wetlands were often used
for this purpose until the Wetland Conservation Act mandated protection of these areas in 1991.
With the evolution of watershed districts, environmental regulations and water resource protection, the
design of drainage systems continues to become more complex. Runoff reduction, infiltration, pollutant
removal, groundwater recharge and stream protection are a few of the current goals in system design.
As a result of this complex history, Oak Park Heights has a widely varied system of inlets, pipes, tunnels,
ponds, channels and streams. A map of the drainage system was prepared for this study and is shown in
Map 1.
2.8 PLANNING AND DEVELOPMENT
2.8.1 COMPREHENSIVE PLANS
Oak Park Heights' prepared this Local Surface Water Management Plan at the same time as its
Comprehensive Plan Update. Prior to the current Comprehensive Plan Update, the previous Comprehensive
Plan was adopted in 1998 and proposed annexation areas to the south and west which the City no longer
plans to annex.
2.8.2 LAND USE
Figure 2.3 provides proposed land use for the City of Oak Park Heights. The City is almost fully developed.
However, there remains a significant amount of natural resources and environmentally sensitive areas
within the City.
The western area of the City is gently rolling, with a number of land locked depressions. The soils in the
area are generally well- drained. Many of the depressions contain ponds and wetlands. Land cover consists
of commercial development along Highway 36, Stillwater Area High School, and single - family residential.
City of Oak Park Heights Projectft. 55-05 -141 -0
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Commercial land use north of 58th Street North and single- family residential land use south of 58th Street
North is ultimately planned.
The eastern area of the City is rugged near the St. Croix River bluffs and low and flat adjacent to the river
within the floodplain. Industrial and commercial areas reside along the river. Residential and commercial
land uses inhabit the floodplain west of Highway 95 and above the bluff line north of Highway 36 and west
of Highway 95, The Oak Park Heights State Correctional Facility occupies a large tract west of the bluff line
in the southeastern portion of the City. A number of parks and open spaces are also situated within the
City. The City maintains five parks and a large number of on and off- street trails.
The majority of the anticipated land use change within the City is from open space to commercial in the
western portion of the City, especially along Highway 36, and residential development within the remainder
of the City; especially in the older eastern portion.
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CITY OF OAR PARR HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
3. Regulatory Setting
3.1 CITY SERVICES
The Oak Park Heights Public Works department is charged with maintaining the City's infrastructure,
including the storm water system, and parks. The Engineering Department is responsible for the supervision
of the design, planning, and construction of infrastructure, including storm water infrastructure in the City.
This department also coordinates with watershed districts and other outside agencies in water resource
management and conservation. The Engineering Department is also responsible for local administration of
the Wetland Conservation Act.
The Planning Department manages comprehensive planning and the Building Department administers the
zoning code within the City. The building code (City Code Chapter 300), the zoning and land subdivision
code (City Code Chapter 400) and the storm water utility code (City Code Chapter 1600) contains the
following regulations related to surface water management and protection:
Ordinance 308
Regulating Water Drainage and the Filling of Land
Ordinance 310
Soil Erosion
Ordinance 401
Zoning Ordinance
Ordinance 402
Land Subdivision
Ordinance 403
Restrictive Soils
Ordinance 404
Storm Water Drainage Regulations
Ordinance 406
Wetland Ordinance
Ordinance 1600
Establishment of Storm Sewer Improvement Tax District
Ordinance 1602
Storm Water Drainage Utility
The Zoning and Subdivision regulations are currently being revised in conjunction with development of the
updated Comprehensive Plan. The revised regulations will incorporate the goals and policies identified in
this local surface water management plan.
3.2 WASHINGTON COUNTY
Washington County was created in 1849, and is one of Minnesota's original nine counties. The County
provides many services within the City of Oak Park Heights, including health services and property records.
Other County services are provided in unincorporated areas only. For example, the Land Management Unit
administers planning and zoning codes in unincorporated areas.
Groundwater provides all of the drinking water for Washington County residents. The County Department
of Public Health and Environment manages groundwater monitoring and protection in cooperation with
cities and other agencies, and published the 2003 Washington CountyGroundwatel The County has
authority to review and comment on this local surface water management plan.
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3.3 WASHINGTON CONSERVATION DISTRICT (WCD)
In the 1930's, Soil and Water Conservation Districts were created in response to national concern over
erosion and floods. These Districts were organized along county boundaries with the purpose of managing
and directing conservation programs and assisting landowners in conserving soil and water resources.
The Washington Soil and Water Conservation District was established in 1942 through State Statute 103C.
In 2002, the District changed its name to Washington Conservation District (WCD).'
The WCD provides technical assistance to county residents, local government units, watershed
organizations and other agencies. The WCD assists with implementation of natural resource management
plans, the Wetland Conservation Act, natural resource education, and application of sound natural resource
practices. WCD programs are funded through County allocation, grants, contracts with local government
units, contracts with watershed organizations, and state and federal cost share.
The WCD is the administrative agent for two of the three watershed management organizations having
authority for review and approval of this local surface water management plan.
3.4 WATERSHED MANAGEMENT ORGANIZATIONS
In 1955, the Minnesota State Legislature established the Watershed Act. This act provided the means to
create watershed districts, special purpose units of local government with broad authority to regulate land
use planning, flood control and conservation issues. There are currently 46 watershed districts in the state.
In 1982, the legislature approved the Metropolitan Surface Water Management Act, Chapter 1038 of
Minnesota Statutes. This act requires all metro -area local governments to address surface water
management through participation in a Watershed Management Organization (WMO). A WMO can be
organized as a watershed district, as a Joint Powers Agreement (IPA) among municipalities, or as a function
of county government. There are 46 watershed management organizations within the metropolitan area.'
The City of Oak Park Heights is divided into multiple drainage basins that flow to three separately managed
watersheds. Figure 3.1 shows the three watershed management organizations with jurisdiction in the City.
These agencies each have authority for review and approval of this local surface water management plan.
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FIGURE 3.1
WATERSHED MANAGEMENT ORGANIZATION BOUNDARIES
3.4.1 BROWN'S CREEK WATERSHED DISTRICT (BCWD)
BCWD was formed in 1997 and covers portions of Grant, Hugo, Lake Elmo, Oak Park Heights, Stillwater,
Stillwater Township and May Township. Brown's Creek flows from the upper watershed southeast through
Oak Park Heights to the St. Croix River. BCWD administration is provided by the Washington Conservation
District. BCWD covers approximately 310 acres in Oak Park Heights.
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3.4.1 BROWN'S CREEK WATERSHED DISTRICT (BCWD)
BCWD was formed in 1997 and covers portions of Grant, Hugo, Lake Elmo, Oak Park Heights, Stillwater,
Stillwater Township and May Township. Brown's Creek flows from the upper watershed southeast through
Oak Park Heights to the St. Croix River. BCWD administration is provided by the Washington Conservation
District. BCWD covers approximately 310 acres in Oak Park Heights.
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3.4.2 MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION ( MSCWMO)
MSCWMO is a joint powers agreement WMO composed of ten St. Croix valley communities: Afton, Bayport,
Bayport Township, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point,
Oak Park Heights and West Lakeland Township. Administration of MSCWMO is provided by the
Washington Conservation District. Member communities are responsible for implementation of watershed
plans and standards. MSCWMO covers approximately 1,530 acres in Oak Park Heights.
3.4.3 VALLEY BRANCH WATERSHED DISTRICT (VBWD)
VBWD was formed in 1968 and covers portions of 14 communities: Afton, Baytown Township, Grant, Lake
Elmo, Mahtomedi, Maplewood, Oak Park Heights, Oakdale, North St. Paul, Pine Springs, West Lakeland
Township, White Bear Lake, Woodbury. VBWD covers approximately 200 acres in Oak Park Heights.
3.5 METROPOLITAN COUNCIL
Established by the Minnesota Legislature in 1967, the Metropolitan Council is the regional planning
organization for the Twin Cities, seven -county area. The Council manages public transit, housing programs,
wastewater collection and treatment, regional parks and regional water resources. Council members are
appointed by the Minnesota Governor.'
The Metropolitan Council reviews municipal comprehensive plans, including this local surface water
management plan. The Council adopted the Water Resources Management Po/icyP /an in 2005,
establishing the expectations to be met in local plans. The Council's goals focus on water quality standards
and pollution control, "to reduce the effects of nonpoint source pollution on the region's wetlands, lakes,
streams and rivers. "6
3.6 STATE BOARD OF WATER AND SOIL RESOURCES (BWSR)
The Minnesota Board of Water and Soil Resources (BWSR) works through local government agencies to
implement Minnesota's water and soil conservation policies. The BWSR is the administrative agency for soil
and water conservation districts, watershed districts, watershed management organizations and county
water managers. The BWSR is responsible for implementation of the Metropolitan Surface Water
Management Act and the Wetland Conservation Act. Staff members are located in eight field offices
throughout the state.'
First established in 1937 as the State Soil Conservation Committee, the agency became part of the
University of Minnesota in the 1950's, transferred to the Department of Natural Resources in 1971, then
transferred to the Department of Agriculture in 1982. In 1987 the State Legislature established the current
Board of Water and Soil Resources. The Board consists of 17 members, appointed by the governor to four -
year terms. Multiple state and local agencies are represented on the Board.'
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In 1992, the BWSR adopted rules (8410), establishing the required content for local surface water
management plans.
3.7 MINNESOTA POLLUTION CONTROL AGENCY (MPCA)
The MPCA is the state's lead environmental protection agency. Created by the State Legislature in 1967,
the MPCA is responsible for monitoring environmental quality and enforcing environmental regulations to
protect the land, air and water.
The MPCA is the permitting authority in Minnesota for the National Pollutant Discharge Elimination System
( NPDES), the federal program administered by the Environmental Protection Agency to address polluted
stormwater runoff. The MPCA has not included the City of Oak Park Heights on the list of cities that must
obtain NPDES permit coverage. It is likely that Oak Park Heights will be included on this list in the future as
its population exceeds 5,000 or portions of the City are included in the 2010 US Census as Minneapolis -St.
Paul Urbanized Areas.
In addition to the NPDES program, the MPCA is required to publish a list of impaired waters; lakes and
streams in the state that are not meeting federal water quality standards. For each water body on the list,
the MPCA is required to conduct a study to determine the allowable Total Maximum Daily Load (TMDL) for
each pollutant that exceeds the standards. The 2006 MPCA list of impaired waters identifies 2,250 TMDL
reports needed for 1,297 lakes, rivers and streams in the state. Local governments will be required to
incorporate completed TMDL studies into their surface water management plans. Impaired waters in Oak
Park Heights are summarized in Table 2.6.
In response to these multiple regulatory activities, the MPCA published the Minnesota Stormwater Manual
(Version 1. 1, 2006), providing stormwater management tools and guidance. The Manual presents a unified
statewide approach to stormwater practices.
3.8 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR)
Originally created in 1931 as the Department of Conservation, the DNR has regulatory authority over the
natural resources of the state. DNR divisions specialize in waters, forestry, fish and wildlife, parks and
recreation, land and minerals, and related services. The Division of Waters administers programs in lake
management, shoreland management, dam safety, floodplain management, wild and scenic rivers, the
Public Waters Inventory (PWI), and permitting of development activity within public waters.
3.9 MINNESOTA DEPARTMENT OF HEALTH (MDH)
The MDH manages programs to protect the public health, including implementation of the Safe Drinking
Water Act. The MDH has regulatory authority for monitoring water supply facilities such as water wells,
surface water intakes, water treatment, and water distribution systems. The MDH also is responsible for the
development and implementation of the wellhead protection program.
3.10 MINNESOTA ENVIRONMENTAL QUALITY BOARD (EQB)
The EQB is comprised of five citizen members and the heads of ten state agencies that play an important
role in Minnesota's environment and development. The EQB develops policy, creates long -range plans and
reviews proposed projects that may significantly influence Minnesota's environment.
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3.11 MINNESOTA DEPARTMENT OF TRANSPORTATION (MN /DOT)
Within the City, Mn /DOT administers several state highway systems. Mn /DOT approval is required for any
construction activity within state right -of -ways. Mn /DOT also administers a substantial amount of funding
for transportation projects completed in the City. Anticipated activities of Mn /DOT are periodically published
in their State Transportation Improvement Plan (STIP).
3.12 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
The EPA develops and enforces the regulations that implement environmental laws enacted by Congress;
however the MPCA bears responsibility for implementing many of the resulting programs within Minnesota.
The NPDES program and the Impaired Waters List are both the result of the Clean Water Act, administered
by the EPA.
3.13 U.S. ARMY CORP OF ENGINEERS (USACE)
The USACE enforces Section 10 of the Rivers and Harbors Act of 1899, prohibiting obstructions or
alterations of navigable waters, including the St. Croix River.
Under Section 404 of the Clean Water Act, including subsequent modifications, the EPA and the USACE
regulate the placement of fill into all wetlands of the U.S. In 1993, there was a modification of the
definition of "discharge of dredged material" to include incidental discharges associated with excavation.
This modification meant that any excavation done within a wetland required the applicant to go through
Section 404 permitting procedures. In 1998, however, this decision was modified so that excavation in
wetlands is now regulated by the USACE only when it is associated with a fill action.
3.14 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA manages federal disaster mitigation and relief programs, including the National Flood Insurance
Program (NFIP). This program includes floodplain management and flood hazard mapping. A Flood
Insurance Study for the City of Oak Park Heights was published by FEMA in 1981. The purpose of the study
was to investigate the existence and severity of flood hazards in the City and to aid in the administration of
the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973.
The Flood Insurance Study focuses on flood prone areas within the City adjacent to the St. Croix River.
Limited detailed hydrologic and hydraulic methods were used to determine the St. Croix River's base
(100 -yr) flood elevation of 692 feet above mean sea level within the corporate boundaries of the City.
A Flood Insurance Rate Map (FIRM) was the principal result of the Flood Insurance Study. This map
contains the official delineation of flood insurance zones and base flood elevation lines. A portion of the
City adjacent to the St. Croix River was classified as flood insurance Zone A10. Flood insurance Zone A10
is defined as a special flood hazard are inundated by the 100 -yr flood, determined by limited detailed
methods, and with base flood elevations shown. The remainder of the City was classified as flood
insurance Zone C. Flood insurance Zone C is defined as an area of minimal flooding.
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3.15 NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
The Natural Resources Conservation Service (NRCS) is a division of the U.S. Department of Agriculture.
Formerly named the Soil Conservation Service (SCS), the NRCS provides technical advice and engineering
design services to local conservation districts across the nation. The Soil SutveyofWashington and Ramsey
Counties Minnesotawas published by the Soil Conservation Service in 1977. The SCS also developed
hydrologic calculation methods that are widely used in water resources design.
3.16 U.S. GEOLOGICAL SURVEY (USGS)
The USGS provides mapping and scientific study of the nation's landscape and natural resources.
USGS maps provide the basis for many local resource management efforts.
3.17 U.S. FISH AND WILDLIFE SERVICE ( USFWS)
The USFWS works to conserve and protect the nation's fish, wildlife, plants and habitat. The USFWS
developed the National Wetlands Inventory (NWI) beginning in 1974, to support federal, state and local
wetland management work.
3.18 NATIONAL PARK SERVICE (NPS)
The NIPS protects and manages the nation's park lands, including the St. Croix National Scenic Rivenaay.
NIPS manages the upper St. Croix River, beginning at the north city limits of Oak Park Heights. The main
office for the Riverway is located in Saint Croix Falls, Wisconsin.
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3.15 NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
The Natural Resources Conservation Service (NRCS) is a division of the U.S. Department of Agriculture.
Formerly named the Soil Conservation Service (SCS), the NRCS provides technical advice and engineering
design services to local conservation districts across the nation. The Soi/SuPveyofWashjngton and Ramsey
Counties Minnesotawas published by the Soil Conservation Service in 1977. The SCS also developed
hydrologic calculation methods that are widely used in water resources design.
3.16 U.S. GEOLOGICAL SURVEY (USGS)
The USGS provides mapping and scientific study of the nation's landscape and natural resources.
USGS maps provide the basis for many local resource management efforts.
3.17 U.S. FISH AND WILDLIFE SERVICE ( USFWS)
The USFWS works to conserve and protect the nation's fish, wildlife, plants and habitat. The USFWS
developed the National Wetlands inventory (NWI) beginning in 1974, to support federal, state and local
wetland management work.
3.18 NATIONAL PARK SERVICE (NPS)
The NPS protects and manages the nation's park lands, including the St. Croix National Scenic Riverway.
NPS manages the upper St. Croix River, beginning at the north city limits of Oak Park Heights. The main
office for the Riverway is located in Saint Croix Falls, Wisconsin.
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CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
4. Related Studies, Plans and Reports
4.1 2007 BROWN'S CREEK WATERSHED MANAGEMENT PLAN
The Brown's Creek Watershed District Third Generation Watershed ManagementPianwas adopted in
February 2007. The plan provides a summary of the water and natural resources within the district, and
identifies several issue areas. These include management of stormwater runoff, erosion and sediment,
wetland, lakes, streams, floodplains, groundwater, public education, land conservation and protection of
the trout stream habitat areas within Brown's Creek. The plan identifies goals, policies and implementation
actions targeting these issues.
4.2 2006 MIDDLE ST. CROIX WATERSHED MANAGEMENT PLAN
The Middle St. Croix Watershed Management Organization Watershed Management Planwas completed in
2006. The plan provides an inventory and assessment of water and natural resources, and identifies several
key issues. These include stormwater runoff, erosion control, public education and wetland management.
The plan identifies goals, policies and implementation actions targeting these issues, and establishes
regulatory standards to be enforced. The MSCWMO elected not to issue development permits. Instead, the
member communities are responsible for implementation and enforcement of watershed management
standards within the MSCWMO boundaries.
4.3 2005 VALLEY BRANCH WATERSHED MANAGEMENT PLAN
The Valley Branch Watershed District Watershed Management Plan was completed in 2005 and adopted in
November of the same year. The plan includes goals, policies and strategies for protection of water and
natural resources within the district. The plan also identifies strategies to protect groundwater, wetlands
and streams. Incorporated into the plan are 36 separate, individual watershed management plans.
The City of Oak Park Heights is included in the Cloverdale Lake Watershed Management Plan,
4.4 2004 ST. CROIX BASIN PHOSPHORUS -BASED WATER - QUALITY GOALS
The St. Croix Basin Water Resources Planning Team consists of Federal and state agency members working
cooperatively on management issues within the 7,760 square mile St. Croix River basin. The 2004 report,
St. Croix Basin Phosphorus -Based Water - Quality Goals, provides recommendations for a 20% reduction in
phosphorous load throughout the basin. The impacts of past land use changes were assessed through an
analysis of river bed core samples. The phosphorous reduction target represents a return to nutrient, algae
and water - clarity conditions that existed prior to the start of significant population growth in the 1950's.
The Planning Team continues to work with local agencies to incorporate the recommended goal into
policies and programs.
4.5 2003 WASHINGTON COUNTY GROUNDWATER PLAN
Groundwater provides all of the drinking water for Washington County residents. Groundwater also
contributes to the high quality of many lakes, wetlands and streams in the area. The 2003 Washington
County groundwater Plan outlines a coordinated interagency effort to protect groundwater resources.
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CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
4. Related Studies, Plans and Reports
4.1 2007 BROWN'S CREEK WATERSHED MANAGEMENT PLAN
The Brown's Creek Watershed District Third Generation Watershed Management Plan was adopted in
February 2007. The plan provides a summary of the water and natural resources within the district, and
identifies several issue areas. These include management of stormwater runoff, erosion and sediment,
wetland, lakes, streams, floodplains, groundwater, public education, land conservation and protection of
the trout stream habitat areas within Brown's Creek. The plan identifies goals, policies and implementation
actions targeting these issues.
4.2 2006 MIDDLE ST. CROIX WATERSHED MANAGEMENT PLAN
The Middle St. Croix Watershed Management Organization Watershed Management Plan was completed in
2006. The plan provides an inventory and assessment of water and natural resources, and identifies several
key issues. These include stormwater runoff, erosion control, public education and wetland management.
The plan identifies goals, policies and implementation actions targeting these issues, and establishes
regulatory standards to be enforced. The MSCWMO elected not to issue development permits. Instead, the
member communities are responsible for implementation and enforcement of watershed management
standards within the MSCWMO boundaries.
4.3 2005 VALLEY BRANCH WATERSHED MANAGEMENT PLAN
The Valley Branch Watershed District Watershed Management Planwas completed in 2005 and adopted in
November of the same year. The plan includes goals, policies and strategies for protection of water and
natural resources within the district. The plan also identifies strategies to protect groundwater, wetlands
and streams. Incorporated into the plan are 36 separate, individual watershed management plans.
The City of Oak Park Heights is included in the Cloverdale Lake Watershed Management Plan.
4.4 2004 ST. CROIX BASIN PHOSPHORUS -BASED WATER - QUALITY GOALS
The St. Croix Basin Water Resources Planning Team consists of Federal and state agency members working
cooperatively on management issues within the 7,760 square mile St. Croix River basin. The 2004 report,
St. CiojrBasin Phosphorus -Based Water- QualitvGoals, provides recommendations for a 20% reduction in
phosphorous load throughout the basin. The impacts of past land use changes were assessed through an
analysis of river bed core samples. The phosphorous reduction target represents a return to nutrient, algae
and water - clarity conditions that existed prior to the start of significant population growth in the 1950's.
The Planning Team continues to work with local agencies to incorporate the recommended goal into
policies and programs.
4.5 2003 WASHINGTON COUNTY GROUNDWATER PLAN
Groundwater provides all of the drinking water for Washington County residents. Groundwater also
contributes to the high quality of many lakes, wetlands and streams in the area. The 2003 Washington
County Groundwater Plan outlines a coordinated interagency effort to protect groundwater resources.
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The Plan was prepared by the Washington County Department of Public Health and Environment, in
cooperation with cities and other local agencies. Chapter 7 discusses the interaction of groundwater and
surface water, and sets goals and policies related to surface water management. The 2003 follow -up study,
Integrating Groundwater & Surface Water Management - Northern Washington County, provides data to
support management strategies and policies for protecting lakes, wetlands, streams, and water supplies
that are dependent on groundwater resources. In terms of surface water management, the plan focuses on
runoff volume reduction to increase groundwater recharge.
In 2008, Washington County prepared its first annual Groundwater Plan "Work Plan." Intended to be
updated annually, the 2008 Work Plan identifies ongoing and new activities related to the management of
the County's groundwater resources including goals and policies on groundwater /surface water interaction.
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CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
5. Water Resources Related Agreements
5.1 BROWN'S CREEK WATERSHED DISTRICT
5.1.1 REVISED COOPERATIVE AGREEMENT FOR THE TROUT STREAM MITIGATION PROJECT
In a cooperative agreement with BCWD in 2000, the City of Oak Park Heights agreed to construct and
maintain the McKusick Lake diversion structure identified in the 1997 Alternative Urban Area Review.
This agreement was revised in 2004 to include areas of the City of Oak Park Heights. A copy is included in
Appendix C.
5.1.2 KERN CENTER POND COOPERATIVE AGREEMENT
BCWD and the City of Oak Park Heights signed a cooperative agreement in 2004, concerning the design,
operative, maintenance and monitoring of the Kern Center Pond. A copy is included in Appendix C for
reference.
5.2 MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION
5.2.1 JOINT POWERS AGREEMENT
The Joint Powers Agreement to Protect and Manage the Midd le St. Croix Watershed was executed by the
ten member communities (including Oak Park Heights) in February 2006. This agreement establishes the
authority and responsibilities of the MSCWMO Board. The City of Oak Park Heights appoints one manager
and one alternate to the ten member MSCWMO Board.
In addition to meeting the requirements of State statutes, the purpose of this agreement is to jointly and
cooperatively institute programs to conserve soil and water resources through implementation of practices
that preserve and use natural storage areas, control excessive volumes and rates of runoff, effectively
reduce or prevent erosion and sedimentation, promote groundwater recharge, improve water quality and
prevent flooding in order to protect and manage the natural and artificial water conveying systems of the
Middle St. Croix Watershed. A copy is provided in Appendix C for reference.
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CITY OF OAR PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
6. Current Assessment
6.1 HYDROLOGIC MODEL
The preparation of this plan included a full review of the current surface water system in Oak Park Heights.
The physical system was mapped to establish watershed drainage areas and runoff paths. Drainage area
boundaries, pond information, curve numbers, and times of concentration within the jurisdictional
boundaries of the Brown's Creek Watershed District were taken from the XP -SWMM model created for the
BCWD's 2004 Hydrologic and Hydraulic study. For areas not represented in the BCWD model, information
from the City's 2020 land use map, ten -foot contour topography and record drawings was used to calculate
the necessary hydrologic parameters. This information was used to create a hydrologic computer model of
the entire City, for use in future watershed planning, using HydroCAD.
The modeled subwatersheds and ponds and system layout are shown on Map 1 attached to this plan.
Drainage area sizes and rates and volumes of runoff are listed in Appendix B. Pond information, including
discharge rates, storage volumes, elevations, and outlet characteristics, is also listed in Appendix B.
The level of detail provided in the model is consistent with planning level estimates of runoff volumes and
rates. The model establishes a framework that can be used as a starting point for more refined analyses
within individual sub - basins. Overall, the City has effectively managed the conveyance of stormwater
runoff. This determination is supported by the hydrologic model completed for this plan.
6.2 COMPARISON OF REGULATORY STANDARDS
Developing property within Oak Park Heights is subject to review and approval from one of the three
Watershed Organizations covering the City (Figure 3.1). Each Watershed Organization has established rules
or standards governing stormwater management and protection of natural resources. Currently these rules
vary in content between agencies, and may be more restrictive than City standards. Table 6.3 provides a
comparison of current WMO standards and City codes.
6.2.1 BROWNS CREEK WATERSHED DISTRICT (BCWD) RULES
The Brown's Creek Watershed District adopted revised rules in May 2007. A significant revision added limits
on the volume of runoff leaving development sites. This is consistent with regional trends discussed in The
Minnesota StounwaterManual. In particular, low- impact development, better site design, and on -site
infiltration of runoff are recommended to offset the adverse impacts created by additional impervious
surfaces. The 1003 Washington County Groundwater Plan also recognizes the groundwater recharge
benefits of runoff volume reduction.
6.2.2 MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION (MSCWMO) STANDARDS
The MSCWMO elected not to issue development permits. Instead, the City is responsible for implementation
and enforcement of watershed management standards within the MSCWMO boundaries. To be consistent
with the MSCWMO Watershed Plan, the City must establish this enforcement authority in the City Code.
The MSCWMO will actively review and comment on larger projects, as identified in Table 6.3.
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MSCWMO standards are defined in the 2006 Watershed Management P /an. The plan states that the
standards apply to all activities requiring a City building permit, grading permit or variance.
6.2.3 VALLEY BRANCH WATERSHED DISTRICT (VBWD) RULES
Valley Branch Watershed District adopted revised rules in January 2007. The rules were an update and
revision from VBWD's 1996 rules. When the VBWD Watershed Management Plan was adopted in 2005 it
called for the revision of VBWD rules to incorporate volume control standards, revise wetland regulations,
and update the rules in general.
6.2.4 WETLAND MANAGEMENT
The City is the Local Government Unit (1-GU) for the Wetland Conservation Act within MSCWMO and BCWD
J urisdictions, and will continue to administer WCA permits. VBWD is the LGU for WCA within the area of
Oak Park Heights in its jurisdiction, which only includes wetlands near Stillwater Area High School and
along Neil Avenue North. These regulations generally focus on the prevention or mitigation of wetland fill,
while watershed standards focus on wetland buffers and stormwater impacts. As discussed previously,
wetland classification systems and management standards vary among the watersheds, and the City is
required to enforce MSCWMO wetland management standards within that watershed. BCWD and VBWD
enforce their rules through approval of watershed permits.
6.2.5 CONSISTENCY
As noted above, the City is responsible for implementation and enforcement of watershed management
standards within the MSCWMO boundaries. The City is also committed to facilitating BCWD and VBWD
permits. The following list identifies City Code updates that are needed to achieve the required consistency
among local agencies:
1. MSCWMO standards apply to all projects within the Middle St. Croix watershed that receive a City
building permit. City Ordinance 404 will be updated to implement this requirement, with explicit
identification of the size and type of permitted activities that will be required to meet watershed
standards. Specifically, projects that require a City building permit within MSCWMO will be required to
meet MSCWMO standards if they create additional impervious surface of 1,000 square feet or more.
2. City Ordinance 404 will be updated to match or include MSCWMO's preferred methods of stormwater
management for all projects, citywide.
3. City Ordinance 404 will be updated to include MSCWMO's standards for low floor elevations and flood
protection. Specifically, the freeboard requirement for landlocked basins will be included.
4. City Ordinance 404 will be updated to include MSCWMO's standards and criteria for stormwater runoff
rate control.
5. City Ordinance 404 will be updated to add MSCWMO's infiltration standards within the Middle St.
Croix watershed.
6. City Ordinance 404 will be updated to remove the water body classification criteria for water quality
treatment requirements. Classification is not necessary for the City when it contains only two
waterbodies. Specifically, the most strict water quality requirement will apply city wide.
7. City Ordinance 402 will be updated to incorporate the MSCWMO's requirements concerning bluff line
setbacks and steep slope restrictions.
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8. The wetland requirements in City Ordinance 406 will be updated to specify stormwater bounce, length
of inundation and buffer widths, consistent with the applicable watershed. BCWD rules, VBWD rules
and MSCWMO standards may be adopted by reference. The City will enforce the applicable standard
through administration of WCA permits. The Code will also require that a wetland assessment be
provided for any wetland that has not already been inventoried.
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TABLE 6.3
COMPARISON OF LOCAL AGENCY STANDARDS
Administration
13CWD
MScWMO
VBWD
Oak Park Heights
Releronce Document
Rules Effective 5/1/07
2006 Watershed
Rules Effective 1/25/07
Off Code
Management Plan
308.02: Drainage site
Review of
pants required for. /
Development /
Watershed Permit
Watershed Review
Watershed Permit
404.01: RunoB water
Redevelopment
required Tar:
required tor:
required for:
management plan
re ulred for:
>_ 5,000 sf In
Land Disturbance
groundwater dependent
> 10,000 sf
> 1 acre
all land disturbance
nat resource area
Residential subdivision
4 or more lots
4 or more lots
all subdivisions
all subdivisions
Non - residential
creating Impery > 1 ac or
an non- resldenlla
development
5% of site
development
z 5 ac with final
2 5 ac with Mal
Redevelopment
Impervious > 1 ac or 5%
Inpervlous > 1 ac or 5%
all redevelopment
of site
of site
Additional Impervious
5,000 sf or more
6,000 sf or more
Unear projects
creating Impery ? 1 ac
grading within public
wetland, waters.
Surface water Impacts
waters, wetlands or
floodplains or discharge
wetland boilers
to surface watts
BluRland
grading within 40' of the
bluff line
projects requiring a
NI pmjcrs reguinng a city
building
building permit/single
Standards apply to:
Permitted projects
gosling permk, building
Permitted projects
permit a code variance
family residential bus
exem t
Applies to change In
Qualifications
runoff, does not apply to
resurfacing of pavement
Redev disturbing <
Standards apply to new
50% Impery
Impervious only
Redev disturbing >
Standards apply to all
50 % Impery
Impervious
Standards apply to new
Linear projects
Impervious only
permit requires prelim
LGU's regulate and
Wwo permits required In
Agency Coordination
plan approval from LGU
Incorporate WHO
addition to building
standards
permit
Cory of Oak Park Heights Project No: 55 -05 -141 -0
[ocalklface Water Management Plan Bonestroo 22
TABLE 6.3 (CONTINUED)
Site Design
BCWD
MSCWMO
VBWD
Oak Park Heights
Preferred Methods of
a) Better site design
1) prevent runoff from
2 feet above the 100 -year
flood elevation
2 feet above the 100 -year
flood elevation
She Management
practices
occurring
404.01
3 feet above the 100 -year
landlocked flood elevation
2) retain runoff
2) retain runoff and
I In MPCA's
'Protecting
b) On -site Infiltration
2 feet above the overflow
of landlocked basins
Water Quality
a
In Urban Areas'
3) hold runoff In
c) Off -sle Infiltration
detention to reduce
nutrients
d) NURP Pond detention
Avold conversion of high
permeability soils
e) Wher methods
Flood Protection / Lowest Floor
1 8CWD
MSCWMO
VOWD
Oak Park Heights
2 feet above the 100 -year
Hood elevation
2 feet above the 100 -year
flood elevation
2 feet above the 100 -year
flood elevation
2 feet above the 100 -year
flood elevation
1 foot above an
emergency overflow
3 feet above the 100 -year
landlocked flood elevation
1 foot above the overflow
of landlocked basins
2 feet above the overflow
of landlocked basins
Cm, of Oak Pane Heghts Projea eta 55 -05 -141 -0
Loca/Surface Water Management Plan #Bonestroo 23
TABLE 6.3 (CONTINUED)
Water Quantity
13CWD
MSCWMO
VBWD
Oak Park Heights
Curve Number
Ina ease CN to next
CN for existing
hydrologic wit group for
agricultural areas < CN
404.01
specdi<ation
disturbs, pervious arms
for developed areas
A wlls
pre - settlement = 30
predevelopment cropland
= 56
B soils
pre - settlement - 57
predevelopment cropland
= 70
C wits
pre - settlement - 70
predeveiopment cropland
= 79
D soils
pre- settlement = 77
predevelopment cropland
a 83
<_ pre - settlement for 2,
< pre - development for 2,
< pre- developmerd for 2.
< preevelopm for 10
d ent
Runoff Peak Limits
l0 and 100 -yr storms,
10 and loo -yr storms
10 and 100 -yr storms
lDD -ya 10 day wowmen
and 200 -yr storms
< downstream opacity
Runoff Volume
<_ pre - settlement for 2 -yr
<prri- development for 1-
Llmib
storm
rand 2- r storm
Landlocked Basins
pre- wttlement for 5 -yr
5 pre-development for 10
storm
yr storm
Infiltration
In GDNR arms: 2 -year
First 1/2' runoff from
First 1/2' runoff from new
runoff volume If feasible
Impervious arms
Impervious areas
first 1/4' runoff from
compacted soils
Design Infiltration
Raise
A soils
0.810 1.631n /hr
0.8 to 1.61n /hr
8 soils
0.3 to 0.61n /hr
0.3 to 0.8 In /hr
C sops
0.2 m /hr
0.2 to 0.51n /hr
D
< 0.2 In /hr
0 In /hr (Infiltration not
feasible)
Cey ol0N Pa, Heights Pmjea ft 55 -05.141.0
LdralSurface Water Management Plan - Bonestroo 24
TABLE 6.3 (CONTINUED)
Water Quality
I CWD
MSCWMO
VBWD
Oak Park Heights
Annual Phosphorous
no Increase from pie
Loading
development
land alteration
prohibited within 20' of
bluttline
structure setback
40 from bluffllne
50% Inflow volume for
Infiltration pre -
long -term removal of >
sites < 2 ac, < 0.7 aC
treatmend
50% sediment loads
construction prohibited on
slopes of 12% or more
Impervious. 100 % Inflow
volume, 25% Inflow
sediment load otherwise
Wet Pond Daafgn
404.01: Provide pond
Standards
NURP standards
per NURP specification
Dead storage equivalent
Type 1 /la Walerbodles
to runoff from 2.5'. 24 -hr
event
Dead storage equivalent
Type Il Waterbodles
to runoff from 2', 24 -hr
event
Dead storage equivalent
Type III Waterbodles
to runoff from I.S. 24 -hr
event
Any practical measures
Type IV Waterbodles
needed to maintain
function and character
Natural Resource Management
BCWD
MSCWMO
VBWD
Oak Park Heights
Mu"land /
Shoreland
Regulation
vegetative cutting
land alteration
prohibited within 20' of
bluttline
structure setback
40 from bluffllne
Steep Slopes
construction prohibited on
slopes of 12% or more
City of Oak Park Heights Project No: 5505 -141 -0
local Sunrace Water Management Plan Bonestroo 25
TABLE 6.3 (CONTINUED)
Wetland Management
BCWD
MISCWMD
VBWD
Oak Park Heights
WCA Enforcement
VBWD (LGU) applies
City (LGU) applies State
state Statutes
statutes
Stormwater
water quality treatment
404 01; Basim tributary to
discharge to
required prior to
.Hands mist protect
wetlands
discharge
wetland from fining due m
Runoff Bounce in
Preserve: 5 pre-
Preserve: 5 pre -
Wetlands
development
development
Manage 1: 5 pre-
Highly susceptible: <_
Manage 1: 5 pre
development + 0.5 feet
existing
development + 0.5 feet
Manage 2: s pre-
Moderately susceptible: '-
Manage 2: <_ pre -
development + 1.0 feet
existing plus 0.5 to 1.0
development + 1.0 feel
feet
Manage 3: ng limit
Least susceptible: no limit
Manage 3: no limit
Wetland Inundation
Period for 1 and /or 2
preserve: 5 existing
Preserve: <_ existing
year event
Manage 1: 5 existing + 1
Highly Susceptible: avoid,
Manage 1: 5 existing + 1
day
5 existing
day
Manage 2: 5 existing + 2
Moderately susceptible: <_
Manage 2: 5 existing + 2
days
existing + 1 to 2 days
days
Manage 3: 5 existing + 7
Least susceptible: <
Manage 3: <_ existing + 7
days
existing + 711ays
days
Wetland Inundation
Period for 10 or 100-
Preserve: 5 existing
Preserve: 5 existing
year events
Manage 1: <_ existing +
Manage 1: 5 existing +
2 days
7 days
Manage 2: 5 existing +
Manage 2: s existing +
14 days
14 days
Manage 3: 5 existing +
Manage 3: < existing +
21 days
21 days
iry of Oak Park Heights Project Na: 55 -05 -141 -0
Loral Surface Water Management Plan Bonestroo 26
TABLE 6.3 (CONTINUED)
Buffers
I BMD
MSCWMO
VBWD
Oak Park NefgMs
Wetland and Lake
Preserve: 100 1est
Preserve: 60 feet
406.06
Buffers
Manage 1: 75 fee[
A Preserve: 60 feel . 20
Manage 1: 00 feel
0.3 aces: 15 feet
feel building setback
Manage 2: 50 feel
B Maintain: 30 feel + 20
Manage 2: 30 feet
. 3 acres: 25 feet
feel building setback
Manage 3 25 feel
C Manage: No butter
Manage 3: 25 feet
DNR WotecUon Welland:
35 feel
DNR Protected lake
35 feet
406.06: 35 feet
Natural environmental
feet
lake
75
Recrealronal
50 feet
development lake
Groundwater
100 feet
dependent resource
Welland Or lake with
mapped natural
Extend buffer to Include
community
Welland or lake with
Extend hurter to Include
steep slopes
Welland or Lake with
Extend butter to Include
100 -year noodplaln
Stormwater Pond
stream suffers
DNR Protected Stream
406.06: 35 feel
StueamsMe Zone
0 to 25 feet
(GDNR areas: 0 to 50)
25 to 50 feel
Middle Zone
(GDNR areas: 50 t0 100)
Middle Zone to building
Outer Zone
HttWo, per shoreland
ordinance
Stream with mapped
Extend Middle Zone to
natural community
Include
Stream with steep
Extend Middle Zone to
slopes
Include
Stream with 100-year
Extend Middle Zone to
npodplaln
Include
Valley Creek
100 feet
Raleigh Creek and
SO lest
Intermittent Streams
City of Oak Park Heights Project No: 55 -05 -141 -0
Coca /Surface Water Management Plan it Bonestroo 27
6.3 SUMMARY FINDINGS AND STATEMENT OF ISSUES
In the months and years ahead, the City will face multiple challenges in surface water management.
The governing WMO's within the City will continue to implement surface water standards that impact City
reconstruction and development projects. The MPCA will complete local TMDL studies that will lead to
challenging implementation projects throughout the City. Growth in and around the City will put additional
pressure on local surface water resources, while the aging infrastructure will require significant
reconstruction and capital investment.
Surface water management issues within the City are primarily defined by the requirements of current or
pending programs. The goals and policies outlined in this plan are grouped by their relationship to the key
issues listed below:
• Section 7.2 Land Development and Redevelopment — Goals and policies to prevent flooding and
adverse impacts to water resources from land disturbance and impervious surfaces.
• Section 7.3 Water Resource Management— Goals and policies for managing Oak Park Heights's
wetlands, lakes, streams and groundwater, to preserve the functions and values of these resources.
• Section 7.4 Management of Floodplains, Shorelands and Natural Areas — Goals and policies for
managing these areas, to preserve the functions and values of these resources.
• Section 7.5 Citywide Program Elements — Goals and policies for managing water resources and
drainage systems on a citywide scale, to effectively achieve surface water management goals.
• Section 7.6 Support of Other Agencies — Goals and policies to coordinate local surface water
management with the work of watershed management organizations and state agencies.
City a70ak Park Heights Projea No: 5505 -141 -0
Laalkrlare Water Management Plan ' Bonestroo 28
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
CITY OF OAK PARR HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
7. Goals and Policies
7.1 SUMMARY
The City has a strong interest in protecting and managing its valuable water and natural resources,
recognizing the relationships between resource protection, land use management, development,
redevelopment and fiscal responsibility.
This section outlines the goals and policies specific to surface water management in Oak Park Heights.
Goals and policies are grouped by their relationship to the key issues listed below:
• Section 7.2 Land Development and Redevelopment
• Section 7.3 Water Resource Management
• Section 7.4 Management of Floodplains, Shorelands and Natural Areas
• Section 7.5 Citywide Program Elements
• Section 7.6 Support of Other Agencies
7.2 LAND DEVELOPMENT AND REDEVELOPMENT
Overall Goal. Manage land disturbance and increased impervious surfaces to prevent flooding and adverse
mpacts to water resources
Overall Policy: The City will manage runoff rate, runoff volume, nutrient and sediment loads according to
local ordinance, watershed rules, and state requirements.
Overall Policy: The City will look for opportunities to retrofit runoff management on redevelopment and
reconstruction projects to reduce the impacts of prior land use changes.
Overall Policy: The City will amend its official controls to provide a mechanism for applying Middle St. Croix
Watershed District rules and standards. In Valley Branch and Browns Creek Watershed District jurisdictions,
the City will assist each watershed in applying their rules and standards.
7.2.1 RUNOFF RATE
Goal.• Control the rate ofstormwater runoff from development to reduce downstream flooding and erosion.
Policy: The City will revise the stormwater management practices within the Stormwater Drainage
Regulations Ordinance so that the peak rate of runoff from regulated land development does not exceed
the existing rate for the 2, 10 and 100 -year rainfall events.
Policy: The City will endeavor to remain consistent with current rate control regulations of local and state
agencies having jurisdiction within the City, and will periodically review and update the Stormwater
Drainage Regulations Ordinance to keep it current with agency standards or regional practices.
Oty of Oak Para Heights PrgeTNO. 55 -05 -141-0
Local Sudace Water Management Plan Bonestroo 29
Policy: The City will consider proposed full - development conditions and potential redevelopment uses when
analyzing its stormwater management systems.
Policy: The City will seek emergency overflows from stormwater ponds and wetlands so that in the event
these storage areas are full or their outlets plugged, excess stormwater has another conveyance route.
Policy: The City's design events will be 24 -hour duration with Type 11 distribution. These events will be used
for evaluating rate control. In cases of landlocked basins, analysis shall also include back to back 24 -hour
100 -year events and a 10 -day, 7.2 -inch runoff event.
Policy: The City will update its Stormwater Drainage Regulations Ordinance to include standards and criteria
for stormwater runoff rate control based on those of the Middle St. Croix Watershed District (MSCWD) to be
applied in areas under MSCWD jurisdiction.
7.2.2 RUNOFF VOLUME
6oal.' Reduce pollutant loads and impacts to water bodies and encourage groundwater recharge, by
reducing the volume of stormwater runoff from development, redevelopment, and existing areas.
Policy: The City will apply volume control standards that are consistent with current regulations of local and
state agencies having jurisdiction within the City, and will review and update the Stormwater Drainage
Regulations Ordinance when changes occur in agency standards or regional practices.
Policy: The City will seek to minimize the area of impervious surfaces within development and
redevelopment.
Policy: The City will encourage the use of infiltration systems, taking into consideration site limitations such
as soil conditions, depth to groundwater, safety, snow removal, and maintenance issues.
Policy: The City will seek to incorporate the Middle St. Croix Watershed District's infiltration standard for
those projects within their jurisdiction.
Policy: The City will minimize impervious surfaces, where feasible, when reconstructing streets and other
municipally -owned paved surfaces.
7.2.3 FLOOD PREVENTION
Goal. Provide adequate storage and conveyance of runoff to protect the public safety and minimize property
damage.
Policy: The City will enforce the standards within the Land Subdivision Ordinance to ensure that adequate
drainage facilities and easements are provided with land development.
Policy: The City will update its Stormwater Drainage Regulations Ordinance to incorporate standards for low
floor elevations adjacent to stormwater ponds, wetlands, lakes and floodplain.
City of Oak Park Heights Projeo No: 55 -05 -141 -0
Local Surface Water M , anagement Plan ',r Bonestroo 30
Policy: The City will periodically review its flood control standards so that they remain consistent with
current regional practices, and will periodically review and update the Stormwater Drainage Regulations
Ordinance in response to identified changes in regional policies.
7.2.4 NUTRIENT AND SEDIMENT LOADING
Goal. Reduce the nutrient and sediment loads discharged from land development Facilitate
implementation of nutrient and sediment load reductions by the Watersheds with juisdidion within Oak
Park Heights
Policy: The City will enforce the stormwater management practices within the Stormwater Drainage
Regulations Ordinance to ensure that suitable water quality treatment practices are incorporated into
regulated land development.
Policy: The City will enforce the stormwater management practices within the Stormwater Drainage
Regulations Ordinance so that untreated stormwater from new development does not discharge to
wetlands and protected water courses. The City will endeavor to eliminate or modify direct discharges to
from existing areas as opportunities arise.
Policy: The City will periodically review its water quality treatment standards so that they remain consistent
with the current regulations of local and state agencies having jurisdiction within the City, and will
periodically review and update the Stormwater Drainage Regulations Ordinance when changes occur in
agency standards or regional practices.
Policy: The City recognizes the goal of the St. Croix River Basin Planning Team to reduce phosphorus
loading to the St. Croix River, and will encourage implementation of strategies developed by the Team.
Policy: The City will coordinate development review activities with the WMO's.
Policy: The City will seek to incorporate the Middle St. Croix Watershed District's water quality standards for
those projects within their jurisdiction.
Policy: The City will modify its Stormwater Drainage Regulations Ordinance to provide a minimum standard
of water quality treatment to all wetlands.
7.2.5 EROSION AND SEDIMENT CONTROL
Goal Prevent sediment from construction sites from entering the City's surface water resources.
Policy: The City will develop new erosion and sediment control ordinance provisions to be consistent with
the standards and rules of its three watershed districts as well as to be consistent with the requirements of
the NPDES Construction Stormwater Permit.
Policy: The City will enforce the Soil Erosion Ordinance for new development on soils with potential for
erosion and sedimentation.
City of oak Park HeigAU Projec7No: 55 -05 -141 -0
localkftace Water Management Plan 41 Bonestroo 31
7.3 WATER RESOURCE MANAGEMENT
0Pera11 Goal Protect the City's wet /ands, lakes, streams andgroundwater to preserve the functions and
values of these resources for future generations.
Overall Policy: The City will protect water resources through implementation or through supporiting
implementation of the Wetland Conservation Act, buffer standards, groundwater protection rules and TMDL
studies.
7.3.1 WETLAND MANAGEMENT
Goal Protect and preserve wetlands to maintain their function and value.
Policy: The City will continue to administer WCA responsibilities within its non Valley Branch Watershed
District areas.
Policy: The City will apply the applicable Watershed Management Organization (WMO) policies and
performance standards for wetlands within each separate WMO jurisdiction. The City will update its
Wetland Ordinance with the most recent watershed & city requirements for buffers and other wetland
protection and management standards.
Policy: The City requires that, prior to development activities or public projects, a wetland delineation must
be completed, including a field delineation and report detailing the findings of the delineation.
Policy: The City will encourage natural buffer zones around ponds and wetlands. Buffer areas should not be
mowed or fertilized, except that harvesting of vegetation may be performed to reduce nutrient inputs, or to
remove invasive or noxious weeds.
Policy: The City requires that runoff from development and redevelopment projects be pre- treated prior to
discharge to wetlands.
City of Oak Park Heights _ ProjectNa: 55 -05 -141 -0
Corarsvr(ace Water Management Plan I r Bonestroo 32
7.3.2 GROUNDWATER RECHARGE AND PROTECTION
Goal- Protect groundwater resources andgioundwater dependent resources.
Policy: The City will require pretreatment for infiltration practices based on their location within the
groundwater management zones identified in the Washington County study, integrating Groundwater&
Surface Water Management — Northern Washington County, 1003.
Goal. Promotegroundwaterrecharge andstreambaseflowprotection.
Policy: The City will implement infiltration according to watershed district standards and state standards as
reflected in the NPDES Construction Stormwater Permit and other state regulation.
7.4 MANAGEMENT OF FLOODPLAINS AND SHORELANDS
Overall Goal.• Manage the City's floodplains, shorelands and natural areas to preserve the functions and
values of these resources for future generations.
Overall Policy: The City will manage these areas through implementation of local zoning codes and agency
regulations.
7.4.1 FLOODPLAIN MANAGEMENT
Goal. Control development in flood prone areas to protect the public safety and minimize property damage.
Policy: The City will regulate land development within the River Impact District to ensure that floodplain
capacity and flood elevations are not adversely impacted by development, and that new structures are
protected from damage.
Policy: The City will update the River Impact District Ordinance as required by FEMA and the Minnesota
DNR, or as needed, to ensure adequate protection for structures and eligibility for flood insurance
programs.
7.4.2 SHORELAND MANAGEMENT
Goal. Conserve and protect the scenic, historical and cultural resources of the river valley and maintain a
high standard of environmental quality consistent with Minnesota DNR Standards and Criteria for the Lower
St Croix National Scenic Riverway
City or OakPdlk freights Pi0j&7Na 55 -05 -141 -0
LxalSurface Water Management Plan Bonestroo 33
Policy: The City will regulate land development within the River Impact District to minimize impacts as
specified in the Stormwater Drainage Regulations Ordinance and required by Minnesota Rules.
7.5 CITYWIDE PROGRAM ELEMENTS
Overall Goal Manage water resources and drainage systems on a citywide scale.
Overall Policy: The citywide surface water management program will include monitoring and maintenance
of drainage systems, targeted pollution prevention, public education, system reconstruction projects and
equitable collection of supporting funds.
7.5.1 POLLUTION PREVENTION
Goal. Detect and address urban pollutants discharged to storm sewers.
Policy: The City will address pollutant sources through enforcement of codes and public education.
7.5.2 MONITORING AND MAINTENANCE
Goal. Maintain the function and effectiveness ofstormwater management structures through monitoring
and maintenance.
Policy: The City will inspect and monitor the construction and installation of all new stormwater facilities
and require that such facilities be surveyed to create as -built drawings.
7.5.3 PUBLIC EDUCATION
Goal. Inform and educate residents about stornlwaterpollution, the effects of urban runoNand the need to
protect natural resources.
Policy: The City will encourage landowners to reduce nutrient and sediment loading to water bodies. The
City will encourage residents and landowners to practice environmental friendly lawn care and to encourage
the use of native plantings or natural landscapes, where practical.
Of of Oak Park Heights Project No: 55 -05 -141 -0
local Surface Water Management Plan .'' 'Bonestroo 34
•
Policy: The City will cooperate with the Washington Conservation District and local watersheds in their
educational efforts.
Polity: The City will support public education and outreach activities through participation in the East Metro
Water Resource Education Program.
7.5.6 FUNDING
Goal.• Secure adequate funding to support implementation of the surface water management plan.
Policy: The City will fund implementation of the plan with revenue from the stormwater utility. The City will
periodically review utility rates to ensure that funding is adequate and fees are equitably distributed.
Policy: The City will cost effectively manage the plan to balance surface water goals with available
resources.
Policy: The City will seek grant funds or other resources to assist with special projects or implementation of
plan goals.
7.6 SUPPORT OF OTHER AGENCIES
Overall Goal. Coordinate local surface water management with the work of watershed management
organizations and state agencies.
Overall Policy: The City will cooperate and collaborate with the local water management organizations in
their efforts to maintain and improve water quality in the city.
Policy: The City recognizes the goal of the St. Croix River Basin Planning Team to reduce phosphorus
loading to the St. Croix River, and will cooperate with strategies developed by the Team to meet this goal.
Goak Facilitate WMO review of development projects and enforcement of watershedstandards.
Policy: The City will coordinate development review activities with the WMO's.
Goal. Cooperate with other organizations to complete management plans and studies for water resources
in Oak Park Heights.
Policy: The City will work with local watershed management organizations, Washington County, and others
when appropriate and as resources are available to participate in resource management plans or studies
that benefit water and natural resources.
Goal Cooperate with other organizations working to protectgroundwaterresources.
Policy: The City will cooperate with the County and water management organizations to implement the
recommendations of the Washington County Groundwater Plan, to protect groundwater quality by reducing
the potential for transport of stormwater pollutants into the groundwater, and maintaining the functions of
groundwater recharge areas.
City of Oak Park Heights Project No: 55 -05 -141 -0
,
[ocalk6ce Water Management Plan .1 10 Bonestroo 35
Policy: The City will support well- sealing programs developed by Washington County and the Minnesota
Department of Health.
City of Oak Park Heights Pf0jea No: 55- 05.141 -0
1xa/Surface Water Management Plan 7C' Bonestroo 36
CITY OF OAK PARR HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
8. Implementation and Financial Considerations
8.1 OFFICIAL CONTROLS
Codes and ordinances (official controls) are necessary tools supporting implementation of this surface water
management plan. Many of the stated goals and policies specifically reference City codes that exist or need
to be created.
After adoption of this Local Surface Water Management Plan, the Zoning, Wetland and Stormwater
Drainage Section of the City Code will need to be updated to achieve consistency with local watershed
plans. Per State statute, this implementation step must be completed within 180 days after adoption of this
plan.
Over time, codes must be updated to remain consistent with goals, policies and practices. The City will
submit proposed surface water management related code revisions to the WMO's for review and comment.
Table 8.1 lists the status of City codes related to surface water management. All code sections are available
for online viewing at the City's website.
TABLE 8.1
SURFACE WATER MANAGEMENT RELATED CODES
Code Section
308
Regulating Water Drainage and the Filling of Land
Update as needed
310
Soil Erosion
Update as needed
401
Zoning Ordinance
Update after adoption of this plan
(See Section 6.2.5)
402
Land Subdivision
Update as needed
403
Restrictive Soils
Update as needed
404
Storm Water Drainage Regulations
Update after adoption of this plan
(See Section 6.2.5)
406
Wetland Ordinance
Update after adoption of this plan
(See Section 6.2.5)
1600
Establishment of Storm Sewer Tax District
Update as needed
1602
Storm Water Drainage Utility
Update as needed
Ory of Oak Park Heights ProWINC.. 55 -05 -141 -0
L coal Surface Water Management Plan #Bonestroo 37
8.2 IMPLEMENTATION PLAN
8.2.1 CAPITAL IMPROVEMENTS
The proposed surface water system in the City is presented in Map 1. Surface water facilities will be
constructed in conjunction with new development, redevelopment and street construction. One of the basic
objectives of this report was to determine the cost of completing the City of Oak Park Heights' storm water
trunk system. Appendix D provides an estimated cost to complete the trunk system to complete
development of Oak Park Heights. This cost is funded by area charges collected at the time of development
and not by the City's stormwater utility. Development thus pays its own way. The appendix D cost
estimate includes construction, legal, engineering and administrative costs. Generally, the total cost of the
trunk system is comprised of three sub - costs:
1. Regional conveyance system costs — this cost includes storm sewer, manholes, installation, and
restoration.
2. Regional pond construction costs — this cost includes pond excavation, berming, restoration, and the
pond outlet structure.
3. Regional pond land costs — this cost includes land acquisition to contain the pond 100 -year HWL within
an outlot.
The total cost of the trunk surface water system does not include the cost of providing water quality
treatment necessary to meet City standards. The City requires that the cost of providing water quality
treatment within new developments to meet City standards and other watershed district requirements will
be borne directly by developers.
Pipe unit cost estimates are based on December 2007 costs. Future costs can be adjusted based on a
December, 2007 ENR construction cost index of 8089. Future changes in this index are expected to fairly
accurately describe cost changes in the proposed facilities. Between plan updates the ENR cost index can
be used to update the City's proposed system cost.
8.2.2 IMPLEMENTATION PROGRAM
Table 8.2 provides an estimate of additional budget items to maintain Oak Park Heights storm water
management system. Activity #1 does not currently pertain to Oak Park Heights since it is not in the NPDES
Phase II stormwater Permit program. Its is expected, though, that Oak Park Heights will eventually be a
permit holder. The year 2010 has been arbitrarily chosen as a time when this budget item would appear.
Activity #2 includes the ordinance review and updates discussed earlier in this Surface Water Management
Plan, including periodic review and update to these ordinances over time. Activity #3 relates to the MS4
permit, which currently does not include Oak Park Heights. Again, the year 2010 is arbitrarily chosen as a
time when these requirements would come to Oak Park Heights. Line item #4 is the regular operation and
maintenance of Oak Park Height's system. This cost is expected to increase as the City's stormwater
infrastructure ages.
City o1 Oak Park Heights Prolea No: 55 -05 -141 -0
Loca/Sudace Water Management Plan .- Bonestroo 38
TABLE 8.2
IMPLEMENTATION PROGRAM
Activity #
Activity Description
Current
..
2010
2020
2030
1
Annual NPDES Permit and SWPPP U dates'
$0
$5,000
$5,000
$5,000
2
Updates and Modifications to Ordinance and
$8,000
$1,000
$1,000
$1,000
Official Controls
3
Regular SWPPP Driven Maintenance and
$0
$9,000
$10,000
$11,000
Inspection Activities'
4
General Maintenance of Ponds, Storm Sewer,
$29,000
$48,000
$51,000
$55,000
and Culverts (All Existing Development and
Future Development)'
Total Annual Cost
Total Annual Revenue
Costs given in 2007 dollars; not adjusted for inflation
Current and projected costs for items 1, 2 and 4 are based on estimated household counts
Cost per household for each activity is based on guidance provided by EPA and other state and federal regulatory agencies
The City does not have current NPDES permit obligations as it is not a regulated MS4 though it is likely to become so after
2010
3 Item 4 quantifies an estimate of existing obligations for current development plus increases due to future development
8.2.3 FUNDING
Implementation of the proposed studies, programs, and improvements identified in this plan will affect City
finances. The City's Stormwater Utility is the primary source for the studies, programs and improvements
identified in this Plan. As stated in Section 7.5.4, the City will periodically review utilty rates to ensure that
funding is adequate in the future.
Below is a listing of other sources of revenue that the City will attempt to utilize:
Grant money possibly secured from various agencies. This could include Washington County, Mn /DOT,
the MPCA, the DNR and others.
• Special assessments for local improvements performed under authority of Minnesota Statutes Chapter
429.
Revenue generated by Watershed Management Special Tax Districts provided for under Minnesota
Statutes Chapter 473.882.
• Project funds could be obtained from watershed district levies as provided for in Minnesota Statutes
Chapter 103D.905 for those projects being completed by or in cooperation with one of the three
Watershed Management Organizations with jurisdiction in Oak Park Heights.
• Other sources potentially including tax increment financing, tax abatement, state aid and others.
City of Oak Park Heights Project No: 55 -05 -141 -0
[ocal5udaceWater Management Plan +f Bonestroo 39
CITY OF OAK PARK HEIGHTS - LOCAL SURFACE WATER MANAGEMENT PLAN
9. Administration
9.1 REVIEW AND ADOPTION PROCESS
Review and adoption of this Surface Water Management Plan will follow the procedure outlined in
Minnesota Statutes 1038.235;
'After consideration but before adoption by the governing body, each local government unit shall submit its
water management plan to the watershed management organization[s] for review for consistency with the
watershed plan. The organization[s] shall have 60 days to complete its review.'
'Concurrently with its submission of its local water management plan to the watershed management
organization, each local government unit shall submit its water management plan to the Metropolitan
Council for review and comment. The council shall have 45 days to review and comment upon the local
plan. The council's 45 -day review period shall run concurrently with the 60 -day review period by the
watershed management organization. The Metropolitan Council shall submit its comments to the
watershed management organization and shall send a copy of its comments to the local government unit.'
'After approval of the local plan by the watershed management organization[s], the local government unit
shall adopt and implement its plan within 120 days, and shall amend its official controls accordingly within
180 days.'
9.2 PLAN AMENDMENTS AND FUTURE UPDATES
This Local Surface Water Management Plan will be incorporated into the City's 2008 Comprehensive Plan
update and will be applicable until 2018, at which time an updated plan will be required. Periodic
amendments may be required to incorporate changes in local practices. In particular, changes in the three
applicable Watershed Management Plans may require revisions to this plan. Plan amendments will be
incorporated by following the review and adoption steps outlined above.
C4 of 0ak Park Heights Project No: 55 -05 -1470
LocalSuAace Warer Management Plan .� Bonestroo 40
CITY OF OAR PARR HEIGHTS - LOCAL SURFACE WATER MANAGEMENT FLAN
References
USDA, Natural Resources Conservation Service, SSURGO Database, website
www.ncqc.nrcs.usda.Qov/products/datasets/ssurgo /
Z Minnesota Department of Natural Resources, Wild and Scenic Rivers Program, website
www.dnr.state.mn.us /waters /watermgmt section /wild scenic
Washington Conservation District website, www.mnwcd.oro
Minnesota Board of Water & Soil Resources, web fact sheet, www.bwsr.state.mn.us /outreach /factsheets
Metropolitan Council website, www.metrocounciI.org /about
6 Metropolitan Council, Water Resources Management Policy Plan, 2005, p. 27
Minnesota Board of Water & Soil Resources, website www.bwsr.state.mn.us /aboutbwsr /whatbwsr
a Minnesota Board of Water & Soil Resources, website www.bwsr. state .mn.us /aboutbwsr /bwsrhistory
City of Oak Park Heights A Project No: 55 -05 -141 -0
CocalSurface Water Management Plan -� Bonestroo 41
Appendix A — Figures
ury or 0ak Paik Heights I Project .No. 55 -05 -141 -0
local5urlace Water Management Plan �� Bonestroo 42
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City of Oak Park Heights Project No: 55 -05 -141 -0
localSud , ace Water Management Plan �� Bonestroo 43
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Appendix C — Water Resources Related Agreements
City of Oak Park Height r" roiecr No: 55 -05 -141 -0
[aal Surface Water Management Plan �Bonestroo 44
REVISED COOPERATIVE AGREEMENT
For a Project to Manage Stormwater and Protect Water Quality in the
Brown's Creek Watershed, Washington County, Minnesota
The parties to this Revised Cooperative Agreement ("Revised Cooperative
Agreement ") are the City of Stillwater, a Home Rule City of the Third Class,
existing under the constitution and laws of Minnesota ( "Stillwater"), the City of
Oak Park Heights, a statutory city ("Oak Park Heights') and Brown's Creek
Watershed District OBCWD "), a watershed district created pursuant to Minn
Stat. § 103D.
Recitals and Statement of Purpose
WHEREAS Brown's Creek is a unique and important natural resource and
a designated trout stream located within the Twin Cities metropolitan area, the
ecological health and habitat viability of which depend on the maintenance of
water quality, water temperature, and stable flow character.
WHEREAS, Stillwater conducted an Alternative Urban Areawide Review
(AUAR) for areas proposed to be annexed by Stillwater between now and the
year 2020 and produced a Report (May 1997) and Final Report (December 16,
1997) (together, the "AUAR Reports") reviewing impacts to water resources from
development in the annexation area consistent with the Stillwater comprehensive
plan and proposing means of mitigating those impacts.
WHEREAS, the implementation and use of regional measures to manage
stormwater may serve to allow properties within the drainage area to meet the
requirements of BCWD rules, the AUAR, and Stillwater and Oak Park Heights
ordinances in a more cost - effective way than managing stormwater on an
individual site basis.
WHEREAS, the parties desire to implement measures recommended in
the AUAR to protect Brown's Creek and its tributaries and acknowledge that their
ability to do so requires that each party satisfactorily and promptly perform its
obligations and cooperate with the other party on those tasks. As used in this
Revised Agreement, the Regional Treatment System that will be designed,
constructed, owned and maintained by Stillwater is described as the Brown's
Creek Trout Stream Mitigation Project ( "TSMP'D.
WHEREAS, on August 7, 2003, Stillwater and Oak Park Heights have
reached an agreement establishing terms on which land within Oak Park Heights
may drain to the TSMP, entitled "Memorandum of Understanding Between The
City of Oak Park Heights and The City of Stillwater With Regard to Storm Water
Management Issues Within the City of Oak Park Heights' Central Business
District and adjoining lands, Lying South of Trunk Highway 36, West of
Oakgreen Avenue and East of Trunk Highway 5" ("Stillwater /Oak Park Heights
MOU ") and Stillwater and the BCWD have determined the TSMP as designed
will manage surface water flows from the areas described in this Revised
Agreement so as to protect Brown's Creek, its tributaries and the other water
resources within the watershed.
NOW, THEREFORE, the parties enter into this Revised Agreement to
document their understanding as to the scope of their undertaking; reaffirm the
commitment of each party as to the responsibilities and tasks to be undertaken by
each parry; establish procedures for performing these tasks and responsibilities;
and facilitate communication and cooperation among the parties to ensure
successful completion of the undertaking.
FXN1et*7,1st►YY
1. General Responsibilities and Performance Guidelines
1.1 A Work Plan describing the tasks and schedule anticipated in
performance of the TSMP is incorporated in this Revised Agreement by reference
(Exhibit "A'J. Consistent with its obligations under this Revised Agreement,
Stillwater will retain final authority as to the manner in which it implements the
responsibilities assigned to it but will provide the BCWD and Oak Park Heights
the opportunity for review and comment with regard to the design, construction,
operation and maintenance of the TSMP by timely providing any documents that
another party requests and will cooperate with each other party in good faith to
achieve goals of this Revised Agreement,
1.2 With respect to compliance with paragraph 2.4.1(b) of the BCWD
Rules, the TSMP, within the area subject to the terms of this Revised Agreement,
constitutes a regional facility pursuant to paragraph 2.7.4(c) of those rules.
1.3 The area of Stillwater that is subject to this Revised Agreement is
limited to Phase I, Phase I1, Phase Ill, and Phase IV as described in the Orderly
Annexation Agreement between the City of Stillwater and Town of Stillwater
dated August 16, 1996. Areas not described in this section, and areas that become
2
part of the City in the future by reasons of annexation or other expansion, are not
subject to the exception unless this Revised Agreement is amended to include
those areas. The orderly annexation area is described in Exhibit "B," Phase I on
Exhibit "C," Phase II on Exhibit "D," and Phase III on Exhibit "E." Phase IV is
that part of the orderly annexation area (Exhibit "B ") not shown on Exhibit "C,"
„ or � E
1.4 Also subject to this Revised Agreement is that part of Oak Park
Heights labeled on Exhibit F as "Remaining Parcels in the BCWD to be
Developed Subject to the Revised Cooperative Agreement" Oak Park Heights
recognizes that a portion of this area lies within the BCWD hydrological
boundary but currently outside the BCWD legal boundary, and therefore that
development of this portion may be subject to the stormwater management review
of another watershed management organization.
1.5 All designs, written materials, technical data, research or any other
work in progress concerning implementation of the TSMP must be available for
review and copying by the other party, except to the degree limited by law.
1.6 Review and comment as provided for in this Revised Agreement
means distribution of the documents or materials in question to each other party
for a 30 -day opportunity to review and comment. This period shat] begin on the
later of (a) the other party's receipt of documents under paragraph 1.1; or (b) the
other party's receipt of documents pursuant to a request under paragraph 1.4 made
within 15 business days of the Administrator's initial receipt under paragraph 1.I I.
Stillwater will in its discretion ensure that review occurs at a time when any
comments may be meaningfully considered and implemented by Stillwater. The
parties agree to consider all timely comments frilly and to modify documents or
materials to the extent feasible.
1.7 In the event of conflict between the terms of the Stillwater /Oak
Park Heights MOU and this Revised Agreement, the Stillwater /Oak Park Heights
MOU, specifying the terms by which land within Oak Park Heights may drain to
the improvements described at paragraph 2.1 of this Revised Agreement, shall
supersede the terms of this Revised Agreement as to the rights and obligations of
Stillwater and Oak Park Heights with respect to each other. Nothing in the
Stillwater /Oak Park Heights MOU shall affect the rights and obligations of the
BCWD as set forth in this Revised Agreement, nor shall Stillwater deny any lands
credited by the BCWD under paragraph 4.1 of this Revised Agreement the use of
the improvements to the extent contemplated in the plans for development of
those lands incorporated into a BCWD permit.
1.8 This Revised Agreement shall apply to land within Oak Park
Heights, and to the rights and obligations of Oak Park Heights, effective
retroactive to August 7, 2003.
2. Structural Improvements
2.1 Stillwater wilt prepare plans and specifications for the
construction, operation and maintenance of the proposed improvements and
distribute them for review and comment in accordance with paragraph 1.5.
2.2 Stillwater will be responsible for selecting the contractor or
contractors to perform the construction of the improvements, negotiating
construction contracts and supervising project construction. It will be responsible
for obtaining any governmental permits and conducting any environmental
reviews necessary for the construction, operation and maintenance of the
improvements, and for acquiring any property or access rights needed to design,
constrict, operate and maintain the improvements.
2.3 Stillwater will take all reasonable and feasible measures to
minimize impacts on Long Lake and Brown's Creek that are caused by
development that takes place before and following complete construction and
operation of the TSMP and all elements thereof.
3. Responsibility for Costs.
3.1 Stillwater will be responsible for all project costs for the design,
construction and maintenance of the TSMP. Nothing in this section will limit the
right of Stillwater to seek contributing funds from any entity other than BCWD
that contributes flows to the TSMP on any basis allowed by law.
3.2 Stillwater and BCWD will exercise reasonable efforts to secure
outside means of funding for activities under section 2. The parties will assist and
cooperate in these efforts.
4. Application of BCWD Rules to Areas Affected by the Improvements.
4.1 It is the intent of the parties that the improvements constructed
pursuant to this Revised Agreement constitute a regional facility for managing
stormwater flow volume within the area described at Paragraphs 1.3 and 1.4 of
this Revised Agreement. Therefore, pursuant to Paragraph 2.7.4(c) of the BCWD
0
rules, development within the area described in this Revised Agreement is
deemed to be in compliance with the standard at Paragraph 2.4.1(b) of the rules.
4.2 Stillwater will cooperate with the BCWD on any monitoring the
BCWD may undertake with respect to TSMP performance and water resource
conditions, and will provide a location for a BCWD monitoring facility as
identified jointly by the patties. This shaA not obligate Stillwater to pay the cost
of any such monitoring, except as may be specified in the monitoring plan
referenced in paragraph 5.1 of this Revised Agreement.
4.3 Nothing in this Revised Agreement affects the authority or
responsibility of the BCWD to revise paragraph 2.4.1(b) of its rules as
appropriate. In the event a revision of paragraph 2.4.1(b) should impose a stricter
standard than presently applicable to the Orderly Annexation Area as described in
Paragraph 1.3 of this Revised Agreement, or the area of Oak Park Heights
described in Paragraph 1.4 of this Revised Agreement, any permit applicant
subsequent to adoption of the revised standard would be required to meet that
standard, after consultation and agreement of the municipalities within the
drainage area of the Regional Treatment System or TSMP as defused in
Paragraphs 1.3 and 1.4 of this Revised Agreement. An applicant within the area
described in Paragraphs 1.3 and l A of this Revised Agreement will receive
compliance credit for that degree of volume control that the TSMP is providing,
but also shall be required to provide for such additional volume control as is
necessary to meet the standard. A revised standard would operate only as to
applications considered after adoption of the revision, and would not operate
retroactively to any existing development.
5. Monitoring Plan
5.1 The parties, with the participation of other interested governmental
bodies, jointly will develop and implement a monitoring plan ("Monitoring Plan ")
that will identify specific sampling procedures, analytic methods, detection limits,
and quality assurance and quality control procedures to facilitate the accurate
measurement of baseline data and any water quality or quantity impacts within the
Long Lake drainage area and areas downstream. The specific monitoring
activities for which each party is responsible will be identified in the Monitoring
Plan.
6. Remedies.
6.1 In the event that periodic sampling or analysis done by BCWD or
the Monitoring Plan reveals that the TSMP or any associated improvements are
not functioning to meet BCWD volume control standards, the BCWD will meet
and confer with Stillwater and Oak Park Heights to determine appropriate
curative action.
6.2 In the event the parties cannot agree on an appropriate curative
action, BCWD may send a notice to Stillwater and Oak Park Heights entitled
"Notice to Clue," describing the curative action necessary. The notice must allow
Stillwater six (6) months to cure.
6.3 If curative action is not taken, or for any other dispute between the
parties arising under this Revised Agreement, the parties agree to mediation for a
minimum of ninety (90) days before seeking redress in the District Court of
Washington County, Minnesota. Mediation shall be conducted pursuant to
procedures, and with a mediator, agreed on by the parties. The 90-day period
shall commence on the written request of either party for mediation under this
paragraph.
7. Indemnification
7.1 Stillwater agrees to defend, indemnify and hold harmless the
BCWD against claims including those made by third parties that arise out of the
design, construction or maintenance of the TSMP, whether during construction of
the system or after its completion.
8. Notice.
8.1 Notices to the parties to this Revised Agreement shall be given by
hand delivery or first -class mail addressed to an elected or appointed
representative of a party or a person as the party may designate. Documents
required to be provided pursuant to paragraph 2.1 must be addressed to the
BCWD Administrator at the BCWD's designated address and to the City
Administrator, Oak Park Heights, unless otherwise specified by either party in
writing.
9. Amendments.
9.1 This Revised Agreement may be amended only by agreement of
the parties in writing.
10. Effect and Binding Nature.
10.1 This Revised Agreement replaces and supersedes the August 18,
2000 Cooperative Agreement executed by Stillwater and the RCWD as of the date
on which this Revised Agreement has been fully executed by all parties,
10.2 This Revised Agreement will be binding on the parties and their
respective successors, whether by merger, consolidation or transfer of authority to
another government agency, to the fullest extent permitted by I
Termination.
11.1 This Revised Agreement shall remain in effect in perpetuity. Any
party may withdraw its participation under this Revised Agreement on two (2)
years' written notice to the other parties. Before termination is finalized, the
parties shall meet in good faith to attempt to resolve the reasons for the noticed
withdrawal.
IN WITNESS WHEREOF, the parties hereto have executed this Revised
Cooperative Agreement.
/ CITY OF STELLWATER
Date r' Ja ,Mayor
1 .gyp And LL�s� fG sG�
Date Diane F. Ward, City Clerk
CITY IMIGII
10
Date �J Da,AJ rl t, Mayor
And: /
Date ric John City Administrator
BROWN'S CREEK WATERSHED DISTRICT
Date Craig Leiser, President
18- 29 -'03 17:58 FPM-
EXHIBIT "A"
Work Plan for TSMP
T -040 P02/07 U -557
Item
711/2000 Status
Estimated Completion
Date
Trout Stream Realignment —
Completed Spring 2000
Completed
Oak. Glen Segment
McKusick Downstream
Out for bid
Fall 2002
Conveyance Improvement
McKusick Lake Diversion
Partially Complete
Fall 2003
Construction
Long Lake Outlet Control
Conceptual Design
2005
Long Lake Conveyance System
Partially Complete
2007
Im rovememts
r
rcC --bz Fr, Roc. flszo:iaicz, he
EXHIBIT
n
D
i
CITY & TURSHIP
10- 29 —'03 17:53 FRG-Ni— T -090 ?05/07 U -557
Jan, dO. 1996— 1:3IPW - - ( CllVSS FRANK ROSS A'o. 8;68 P. 4/6
f- — —
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COOPERATIVE AGREEMENU
Between the Brown's Creck Watershed District
and the City of Oak Park Heights
Kern Center Pond, Oak Park Heights
This Agreement is matlr by and between the Brown's Creek Watershed District
( "BCM) "), a watershed district with pant-ers pursuant W Minnesota Statutes Chapicrs
10313 and 1031), and the City o[' Oak Park Heigbt:; (hereinafter refcr€ed to as "City'), a
political subdivision ofthe State of.Minnemta.
Recitals and Statement of Purpose
WHEREAS the BCAID has an approved Watershed Management plan that
identifies regional storunwater dewttion as a priority reed fm reilucino ctorntwater flaw
ratcs. localized flooding and water quality degradation within the ti - atershed and
establishes a program fen the demonstration of infiltration and related s
nnmaglement p'acticcs,
WIIFRIAS the .Kern Center Pond ( "Pond ") is a retdonal pondinb facility
constructed and maintained by the City for sturntwawr management:
WHEREAS pond rciesign, including the incorporation of regionul infiltralie >n.
will further the purpose% and goals of the 13C14D and provide a useful site to educate and
inform interested persons about innovati stonniYater nlanugement concepts and water
rcNourcc matters generally;
WfIEREAS the City and the BC`N'D wish to collaborate is a redesign of the fond
for flu purpose ofregional infiltration, and the City agwcs to assume responsibility fix
construction and maintenance, as (defined in the "Kern Center Commercial Area Drainage
Facility Operation and Maintenance Plan" (togo(her, the "Project ");
WHEREAS BCWD Rule 2.7.3 allots for regional stonmva(er management in
place of site -haled management if pursuant to a cooperative agreement with the BCWD,
and the City would like to invokc this rule through regional managem nt for the Kern
Center Drainage Area, rls shown in Exhibit B, which comprises 92.1 acres droining to the
Pond (of which 17.74 acres lies within the City of 3.akc Elmo);
WHEREAS the parties acknowledge that their ability to achieve Project,
objectives (Iepend: on each party satislactorily and promptly performing its individual
obligations and working cooperatively with the other party;
Cool Agreement
Korth Cenlrr Pont(
HCn9) /VPfl
1
•
•
•
•
•
•
. of action by the cm. tractor or any other third party against the 13CIAID. Nothing herein
shall be construed us a waiver of airy immunity otitenvise possessed by the City or the
•
BCWD with respect to any third party or each other.
t 1. Neither the BCWD nor the City shall be deemed to be an agent or representative
of the other in perfo tning any action under this agi-ccntent. This agreement is not
intended as and shall not be emstmed as a joint powers agmement under Aiinncsota
Statutes section 471.59. 17te allocation of rights in materials and intellertwd Property
under this Prnjcct shall cYmtbrtti to the grant agreement.
12. The City and the BCtVD rex ognizc certain risks inherent in the construction of the
proposed titcilitics, and intend to address those risks cooperatively, should they occur, as
follows:
(a) The BC'1NN'D assumes no liability to the City related to the design other
than that liability, if any, derivative of a failure of the BC'W D eng moor to exercise
a trrotessional standard of care in preparing the design. if the Pond fails to
demonstmtc pta•flnnance per Eahihit C. tho City and the BC'WD will consult on
corrective measures. The City's obligation far removal of accumulated sediments
under paragrapb 7, ahovc. will nisi commence until pertiormance lim been
demonstrated, but the BCWD will not odimvise be compclicd to take corrective
action. The City assumes no liability tar the dcsign of the project as prepared by
the BCWD conrsulhng engineer.
(b) The City shall manage the construction contract to avoid a deviation from
the plans and specifications that nmy afTeet the volume control performaucc of the
Pond, if circumstances arise that may result in all untia'esceabie coststruction cost
increase or dclav, the parties will consult on Ixrw to proceed. Neither party will
be liable to the other litr any project cost incr msc resulting from such
circumstances except as agreed to fbIlowing zomillation. T'he City, in its
discretion, will Ix- responsible to manage the contract to avoid or minimize
contract cost increases in the anent that such circumstances arise.
(c) I f atier the City's maintenance obligation has COM-menced the Pond fails to
perform effectively per Exhibit C, the City and the BCWD will consult on
corrective measures. The City will not otherwise be compelled to take corrective
action beyond the maintenance specified in Exhlbit C.
1R (d) if in the litttare file City and the BCWD agree that the Pond has ceased to
provide nicmingfiat volume controt and that treasures will not be taken to restore
mennittgful control, this agreement will be amended to mlieve the City of its
maintenance obligation for removal of accumulated sediments under paragraph ?,
.
Cooporabvr Aran melt
KernCrirter t'ond
SCIVDfCA'H
of action by the contractor or any other dtird party against the 13CW1). Nothing herein
shall he construed us a waiver of any immunity otherwise possessed by the City or the
BCWD with respect to any third party or e9ch other.
IL Neither the BCWD no: the City shall be deemed to be an agent or represcinative
of the other in performing any action under this agreement. This agreement is not
intended as and shall riot be construed as a joint powers agreement wider Minnesota
Statutes section 47159. 'flue allocation of rights in materials and intellectual property
under this Project shall corifonn to the grant agreement.
12. The City and the AC \VD recognize certain risks inherent in the construction of the
proposed facilities, and intend to address those risks cooperaliMy, should they occur, as
follows!
(a) The BCWD assume-, no liability to the City related to the design other
than that liability, if any, derN -ative of failure of the 13CWD engine r to exercise
a professional standard of care nl preparing the design. If the Pond fails to
demonstrate performance per Exhibit. C. the City and the BCWD will consult nn
corrective measures. The City's obligation for removal of accumulated sediments
under paragraph 7, shove. will not commence until performance has bunt
demonstrated, but the BCWD will not otherwise be compelled to take corrective
action. The City assumes no liability for the design of the project as prepared by
the BCWD consulting engineer.
(b) The City shall manage the construction contract to avoid a deviation from
the plans and specifications that may affect the vohane atntrol performance of the
Pond. Ifcircumstances arise that may result in an unforeseeable construction cost
increase or delay, the parties will consult on In>w to proceed. Neither party will
be liable to the other Air any project cost increase resulting from such
circumstances except as agreed to billowing consultation. '1 "he City, in its
discretion, Will lie responsible to manage the COMM( to avoid or minimize
contract cost increases in the event that such eircuinstanees arise.
(c) If after the City's maintcxtance obligation has commenced the Pond fails h)
perform effectively per Exhibit C, the City and the BCWD will consult on
corrective measures. The City will riot otherwisc be compel4Yl to fake corrective
action beyond idle maintenance specified in Exhibit C.
(d) If in the future the City and the BCWD sLTee that the Pond has ceased to
provide meaningful voltane control and that measures will not be taken to restore
meaningful control, this agreement will be amended to relieve the City of its
maintenance obligation for removal of accumulated sediments under paragraph 7,
Cooperative Agrr<vnwit
Ko n Center Pund
8C4NDJQPH
above. This would not atI'ect any City obligation deriving from a source other
than this agreement to maintain the fond for water quality or other purposes.
13. This agreement shall take efleet on lull execution and expire five yeat's thereafter.
except that paragraphs 4 through 12 shall surrive expitration. The agree tent may be
amended only in writing signed by both polies.
IN WITNESS' WHEREOF, the parties have executed this Cooperative Agreement.
BROWN'S CREEK WATERSHED DISTRICT
President t
Date: 1J r u` ) C 2004
APPROVED AS TO FORM
AND r CU'1'IOh
Ry'_
Shritll"Parker, P.1..L.P
CIT
11+1ayOr —_ —.
Datc: �� "_ 2004
Al'PROWD AS TO FORMM
AND ii$1_(U 1v
i
Ito
Erkcrg, Lammers, I3iis, Nul1'f d
Vie tine, P.L.L.P.
CcAVerafive Agmemem 5
Kem C. nler Pond
ROOT) Ot°H
Appendix B
�ry �
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S � s
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i
i
q . = x 86
.............
. L s H -r)
H3G- 10
�ry �
-r'
S � s
x � �
it I
r
/
2 =600'
n 600 0 600 Feet
Kern Center Drainage Area
(92.1 Acres)
Stormwater t'onds
Q Subwatenhed Doundar(es
�] Landowners
`�C' Roads da N
R QV(U
V
i
i
.............
it I
r
/
2 =600'
n 600 0 600 Feet
Kern Center Drainage Area
(92.1 Acres)
Stormwater t'onds
Q Subwatenhed Doundar(es
�] Landowners
`�C' Roads da N
R QV(U
V
FXHIBrr C
Kern Center Commercial Area Drainage Facility
Operation and Maintenance Plan
Purpose
The overall objective of this Operation and Maintenance (O&M) Plan is to ensure the
successful tong -tents operation oftlte Kern Center infiltration basin (Basin) that has been
designed as part of site storm water plan for the Kern Center Commercial Area its the City
of Oak Park Heights (City).
The purpose of the O &M Plan is to identify the tasks that will be needed for operation
and maintenance of this facility, and standards for evaluating successful operation and
maintenance. The City of Oak Park Heights will be responsible for financing and
carrying out these tasks. The Brown's Creek Watershed District (BCWD) will be
responsible for monitoring the infiltration basin, at its expense.
Background
The Basin for the Kern Center Commercial Area is designed to retain and infiltrate storm
water runoff generated on the approximately 74 acres of commercial area that drains to
the basin. The site is located within the City and Brown's Creek Watershed District.
Basin Performance Targets and Monitoring
The BCWD has determined that the Kent Center Basin has been designed to provide the
additional 6.8 acre -feet of retentiott(itftltration required to accommodate existing and
future development, up to 80 percent imperviousness, within its drainage area, while
nieeling the BC WI)'s volumo control requirements. The requirements will be achieved
by expanding the pond to approximately 3.6 acres, and by managing the pond at a new
normal water level (NWL) that is on average 1.5 to 2 feet below the invert of the existing
12 -inch orifice outlet. The BCWD estimates that given the soil types identified during
the geotechnical investigation, tl:e 1.5 to 2 feet of storage below the invert will infiltrate
within a 3 to 4 day period after a storm event
The BCWD will develop a monitoring plan that will evaluate the infiltration capacity of
the basin over time. Under the monitoring plan, the BCWD will monitor pond
performance for at least one year, at which time performance will be evaluated, taking
annual precipitation into account. 'The BCWD will continue to monitor performance
thereafter at a frequency and for a period it finds appropriate. For each year in which
monitoring is performed, an annual monitoring report summarizing the monitoring
activities completed and findings for the Kern Center Basin will be submitted to the City
of Oak Park Heights.
Yem CerrcrCnrnmertiat Area Di:i age FWiity
Opmrion end ntawoana. Fan
Coopmti v Ag==Ia., fxlyilm C
Construction Inspection
The City will bear responsibility for inspection of the Basin construction and working
with the contractor to assure that the Basin is constricted according to the plans. The
BCWD will participate in on -site inspection, and will idcnti fy any concerns regarding
construction- related issues to the City during construction or the warranty period. The
BCWD will have no authority to direct the contractor,
Basin Performance Warranty Period
After construction is completed, the BCWD will monitor the performance of the Basin
for a period of time deemed adequate by the City engineer and BCIND engineer, given
precipitation patterns, plant rooting and other relevant Factors, to calibrate actuat
performance in relation to the design target. The BCWD will report to the City on the
function oflaie Basin during this time, identify actual performance in comparison to the
target infiltration rate, and identity any other issues related to performance of the Basin.
The BCWD and the City will discuss the outcomes of the monitoring, and determine
whether the Basin is functioning successfully, whether changes are needed to achieve the
target infiltration rate, or the target rate needs to be modified.
Vegetation Establishment Period
The City and BCWD will monitor vegetation establishment during the first year after
construction is completed. Maintenance during the first year will be included in the
construction contract, and will be completed by the contractor.
The City will provide in the contract that maintenance regttiremettts and evaluation of
native seeding at the Basin will conform to Guidelines for Restoring & Managing "Vative
Wetland Vegetation (Minnesota DOT and Minnesota BWSR) and AfIV/,DOT Seeding
Manual 2003.
The City will provide in the contract that tree and shrub plantings will be monitored its
well and that those that die or are in poor condition within one year after planting will be
replaced by die contractor at hither expense, and a second I -year establishment period
will begirt.
Maintenance Period
The Maintenance Period for the Basin will begin after construction is completed, and
after the BCWD and City agree that the design is functioning successfully in meeting the
target infiltration rate identified for the Basin.
Kcm Ca'.tee Commercial Area Orzioa:< Nvluy
tip =moon and Maintemice Plan
Ceopteahc Atrcrm¢nl, Exhibit (:
Routine Maintenance
The City will complete rite following routine maintenance activities at its expense:
1. Annual inspection
The City will complete an annual inspection of the Basin to identify maintenance
issues,
2. Removal of accumulated sediments
The City will remove accumulated sediments from the smaller "forebay" cells at
the north and southeast sides of the large basin when the depth of sediment
reaches half the depth of the basin. Sediment will be removed with light
equipment that will be operated from outside the basin to the degree possible to
minimize compaction and damage to plantings.
3. Vegetation maintenance
Maintenance of plantings will include the following:
a. Seeded areas — ]Maintenance will conform to Guidelines for Restoring &
Managing Native Wedand Yegetation (,Minnesota DOT and Minnesota
B WSR) and jMV/1.3OT Seeding Manual 2003. This maintenance typically
includes mowing 2 -3 times per season, and spot spraying weeds as needed.
When sufficient litter is available, a controlled bum may replace mowing at
the City's discretion.
b. Trees and ,shrubs -- 'frees and shrubs will be inspected annually. Pruning or
replacement maybe completed for dead or diseased pl ants,
c. The City will use no fertilizer near the Basin, Herbicide application will be
limited to spot spraying of noxious weeds with herbicides approved for use
near water bodies.
4. Erosion Control
If areas of erosion are identified within the site, the City will use appropriate
methods such as fabric, seeding, plantings, or structural methods if necessary to
stabilize these areas,
5. Best Management Practices
The City will encourage landowners in the drainage area to the Basin to control
sediment and pollutants that may affect the operation of the Basin, including the
following:
Kern Center Commercial Aran Dainape pxdity
Oprtatio and Mnintennn_ePian
Cooperative Agreement, Eahk&C
a. Use the minimum amount of sand and salt needed to maintain hard surfaces
in the winter months
b. Sweep hard surfaces as early as possible in the spring
Additional Malntenance
The following; criteria indicate the need to perform additional maintenance activities:
1. The Basin is no longer returning to a normal water level that is 1.5 to 2 feet below
the invert elevation of the 12 -inch orifice between storm events during a normal
precipitation year, indicating that the available storage in the system has been
reduced.
2. The time that it takes the Basin to reach its normal water level (1.5 to 2 feet below
invert elevation) after a rainfall event is longer than a 3 to 4 day period, unless
another rainfall event occurs during this period.
If the BCWD monitoring finds either or both of the conditions identified above, it will
notify the City, and provide the results of the, monitoring to the City. The BCWD and
City will discuss the findings of the monitoring, and determine the actions to be taken,
the responsibility hr those actions, and time frame for completion of the actions.
Kem Caw o Comm6Pd ;tcw nraittage Facility
UpeNtion and tIaWenance Plop
Cnoperuti�a AVre enl, EchitlitC
JOINT POWERS AGREEMENT
TO PROTECT AND MANAGE
THE MIDDLE ST CROIX WATERSHED
THIS AGREEMENT, made and entered into as of the date of execution, by and between
the local governmental units within the Middle St. Croix Watershed Management Organization
each party realizes that the success or failure of the Middle St. Croix Water Management
Organization created by this agreement is dependent upon the desire of each member
community to cooperate in the exercise of Joint Power to solve a common problem. Each party
to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface
Water Management Act (Minn. Star. 10313.201 to ]0313.255).
WITNESSTH:
WHEREAS, the cities and townships located within the Middle St. Croix Watershed have
authority pursuant to Minn. Stat. 471.59 to jointly and/or cooperatively by agreement, exercise
any powers common to the contracting parties; and,
WHEREAS, the parties are desirous of jointly and cooperatively developing a Watershed
Management Plan for the Watershed and instituting programs to conserve soil and water
resources through implementation of practices that preserve and use natural storage areas,
control excessive volumes and rates of run -off, effectively reduce or prevent erosion and
sedimentation, promote groundwater recharge, improve water quality and prevent flooding in
order to protect and manage the natural and artificial water conveying systems of the Middle St.
Croix Watershed.
NOW, THEREFORE, the parties to this agreement do mutually agree as follows:
ARTICLE I
General Purpose
1.1 It is the general purpose of the parties to this Agreement to establish an organization
to jointly and cooperatively develop a Watershed Management Plan and program to preserve and
use natural or created water storage and retention systems in order to:
a. Protect, preserve and use natural service and groundwater storage and retention
systems;
b. Minimize public capital expenditures to correct flooding and water quality problems;
c. Identify and plan for means to effectively protect and improve surface and
groundwater quality;
d. Establish more uniform local policies and official controls for surface and
1 of 15
groundwater management;
e. Prevent erosion of soil into surface water systems;
f Promote groundwater recharge;
g. Protect and enhance fish and wildlife habitat and water recreational facilities; and,
h. Secure the other benefits associated with the proper management of surface and
groundwater.
1.2 The boundaries of the Middle St. Croix Water Management Organization (hereinafter
referred to as MSCWMO) are set forth in Exhibit I attached hereto and incorporated by reference
herein and shall be hereinafter referred to as the "Watershed ". In general, the plan may include
projects that accomplish the following:
a. Preserve and use natural or created water storage and retention systems in order to
reduce to the greatest practical extent the public capital expenditures necessary to
control excessive volumes and rates of run -off;
b. Protect and improve existing water quality in lakes and streams through proper land
use and appropriate conservation practices;
c. Prevent flooding and erosion by implementing flood plain management and erosion
control systems;
d. Protect and enhance fish and wildlife habitat and water recreational facilities by
reducing pollutant loads to lakes, streams, and wetlands;
e. Undertake needed programs to promote groundwater recharge and protection;
f. Provide a mechanism for the review of local land and water management plans;
g. Provide a forum for resolution of future intergovernmental disputes relating to the
management and protection of the Watershed;
h. Provide cooperation on a united basis on behalf of all units of government within the
Watershed and with all other levels of government to facilitate natural resource
protection and water management in the Watershed.
i. Provide means for review of development projects to ensure compliance with
MSCWMO Watershed Management Plan requirements.
ARTICLE II
Definitions
2.1 For the purposes of this agreement, the terms shall have the meanings as defined in
this Article.
a. "MSCWMO" The organization created by this agreement, the full name of which
is the Middle St. Croix Water Management Organization (MSCWMO). It shall be
a public agency of its members.
b. 'Board" The Joint Powers Board consisting of one Manager from each of the
local governmental units that is a party to this agreement, which shall be the
governing body of the MSCWMO.
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2. Vice Chair - In the absence of the Chair, fulfills all duties of the Chair.
3. Secretary - Meeting minutes, prepare agendas, maintain membership list.
4. Treasurer - Maintains checkbook, financial reports at meetings, prepares budgets
and billing statements, assists with yearly financial audit.
3.6 Quorum. One half of the members of the Board shall constitute a quorum.
3.7 Meetings The regular meeting date of the Joint Powers Board shall be established by
resolution of the Joint Powers Board and may be changed from time to time. Special meetings
shall be held at the call of the Chair or by any member giving not less than seventy-two (72)
hours written notice of the time, place and purpose of such meeting delivered or mailed to the
residence of each Joint Powers Board manager and to the City Clerk for each member local
government unit. All meetings of the Joint Powers Board are subject to Minn. Stat. Chapter 13D
(The Minnesota Open Meeting Law), and shall be governed by Robert's Rules of Order, Newly
Revised 10'" Edition or later. Member local government units will be notified of meeting dates,
times, and locations.
3.8 MSCWMO Joint Powers Board Office The office of the MSCWMO shall be at:
Washington Conservation District. 1380 West Frontage Road, Highway 36. Stillwater,
Minnesota 55082. The Joint Powers Board will designate the official bulletin board by official
resolution.
All notices to the MSCWMO or its Joint Powers Board shall be delivered or served at said
office. The designated office of the MSCWMO may be changed from time to time upon an
affirmative vote from a majority of its Managers at a regularly held meeting or special meeting
called for that purpose.
3.9 Alternate Managers. One Alternate Manager to the Joint Powers Board shall be
appointed by each party to this agreement. Alternate Managers may attend any meeting of the
Joint Powers Board and in the absence of the appointed Manager have the right to vote on the
behalf of the member local governmental unit that the Alternate represents. If a Joint Powers
Board Manager is also an officer of the Joint Powers Board, the Alternate shall not be entitled to
serve in the place of such officer when the officer is absent.
3. 10 Voting Any action taken by the Board shall be by majority vote unless otherwise
stated herein or required by law. Amendments to the annual operating budgets require a two -
thirds (2/3) majority of all of the 10 managers of the Joint Powers Board.
Actions taken by the Joint Powers Board to order projects or to assess member local
governmental units for improvements shall require a two- thirds (2/3) majority vote of all 10
members of the Joint Powers Board; all other matters will carry by a simple majority of those
present as provided in 3.6.
ARTICLE IV
Joint Powers Board Powers and Duties
4.1 Joint Powers Board The Joint Powers Board shall have the powers and duties set
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forth within this article.
4.2 Rules and Regulations The Joint Powers Board may prescribe and promulgate such
rules from time to time, as it deems necessary to carry out its duties and the purpose of this
agreement and to collect such fees as are reasonably necessary to cover the expenses of
administration, permitting, and enforcement of such rules.
4.3 Watershed Management Plan As required by law, the Joint Powers Board shall
prepare and adopt a Watershed Management Plan as required by law.
4.4 Local Water Management Plan. After consideration, but before adoption by its
governing body, each member local governmental unit shall submit its Local Water Management
Plan to the Joint Powers Board for review of its consistency with the Watershed Management
Plan of the Middle St. Croix Water Management Organization. Each member local governmental
unit may also adopt, by resolution, the Middle St. Croix Watershed Management Plan, as its own
local plan. The Joint Powers Board shall approve or disapprove each Local Water Management
Plan or parts thereof. The Joint Powers Board shall have sixty (60) days to complete its review.
If the Joint Powers Board fails to complete its review within the prescribed time period, unless
an extension is agreed to by the member local governmental unit submitting the plan, the
proposed plan shall be deemed approved.
4.5 Information and Data The Joint Powers Board may acquire and record such
information and data within the Watershed as it deems necessary to accomplish its purpose as set
forth herein. Such information or data as collected, shall be fully available for all member local
governmental units of the MSCWMO and the public. Nothing herein is intended to authorize or
require a disclosure of data in violation of the Minnesota Data Privacy Act, Minnesota Statutes,
Chapter 13.
4.6 Claims As provided within Minn. Stat. §103B.211 Subd. 1, the MSCWMO through
its agents and employees may enter upon land within or without the Watershed to make surveys
and/or investigations to accomplish the purposes of the watershed management plan. The
MSCWMO shall be liable for actual damages resulting from entry but every person who claims
damages shall serve the Chairman or Secretary of the Joint Powers Board with a Notice of Claim
as required by Minn. Stat. 466.05.
4.7 Contracts The MSCWMO may make such contracts and enter into such agreements
as necessary to fulfill its obligations under this agreement. Such contract or agreements shall be
in accordance with the Municipal Contracting Law as set forth within Minn. Stat. §471.345 et
seq.
4.8 Employment and Professional Services The MSCWMO may obtain such
professional services and/or contract for services and may also utilize existing staff of the local
governmental units to the extent that the local governmental units consent thereto. The
MSCWMO may also employ such other persons as it deems necessary. If staff services of a
member local governmental unit are utilized, such services shall not reduce the financial
commitment of the member local governmental unit to the operating fund of the Joint Powers
Board unless the Joint Powers Board so authorizes the same by a majority vote of the Joint
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c. "Council" Means the governmental body of a local governmental unit that is a
member of this MSCWMO.
d. "Local Governmental Unit" Means that City, Township, or other political
subdivision cited in Minn. Stat. 473.852. Subd. 7.
e. "Manager" Is the person appointed to the Joint Powers Board by each Council or
in the Manager's absence, the Alternate Manager.
f. "Middle St. Croix Watershed" or "Watershed" Unless otherwise stated, means
that area described and set forth within the map depicted in Exhibit I attached
hereto and incorporated by reference herein.
g. "Groundwater" Is the water found in the interconnected pores found beneath the
water table.
ARTICLE III
Board of Managers
3.1 The governing body of the Joint Powers Board shall be its board. Each council shall
be entitled to appoint one Manager on the Board and one Alternate who may sit when the
Manager is not in attendance and said Manager or Alternate shall be called a Manager.
3.2 Each Manager and Alternate shall be appointed for a three (3) year term and shall
serve at the pleasure of the Council appointing such Manager, and such Manager or Alternate
may be removed by the Council at any time for just cause in accordance with Minnesota Statutes
10313.227. Subd. 3: and Minnesota Rules Chapter 8410.0040.
3.3 Vacancies. A vacancy on the Joint Powers Board shall be filled by the Council whose
membership position on the Joint Powers Board is vacant. The vacant position shall be filled in
accordance with the requirements as set forth within Minn. Stat. § 10313.227 (1995).
3.4 Compensation and Expenses. The Joint Powers Board Manager shall not be entitled
to compensation or reimbursement for expenses incurred in attending meetings except to the
extent the Council might determine to compensate or reimburse the expenses of the member it
appoints in which case the obligation to make such payment shall be that of the individual
Council and not of the MSCWMO.
3.5 Officers. The Joint Powers Board shall elect from its membership a Chairperson, Vice
Chairperson, Secretary, and Treasurer and further officers as may be necessary to reasonably
carry out the purposes of this agreement. All such officers shall hold office for a tern of 2 years
or until their successors have been duly elected by the members of the Joint Powers Board. Any
such officer may only serve while a Manager of the Joint Powers Board. Vacancies in office
shall be filled by the membership of the Joint Powers Board by election for the remainder of the
unexpired term of such office.
Duties ofOfficers
1. Chair - Presides over meetings, assists with preparation of agenda, maintains and
presents annual calendar of specific responsibilities.
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Powers Board of Managers in such cases as where the utilization of staff services are to be
substantial.
4.9 The Joint Powers Board will appoint citizen and technical advisory committees as it
deems necessary and/or as required by law.
4.10 The Joint Powers Board will also establish and provide for a newsletter or other
communication in the manner prescribed within Minn. Stat. § 103B.227 Subd. 4.
4. 11 The Joint Powers Board shall be authorized to fund projects by use of an ad valorem
tax authorized under Minn. Stat. §103B.241 in addition to the cost of preparing plans to
implement same. MSCWMO and its member local governmental units may accumulate the
proceeds of levies as an alternative to issuing bonds to finance improvements.
4.12 Pursuant to the authority of Minn. Stat. §103B.211, this Water Management
Organization shall have the authority of a watershed district under Section 103D.911 to adopt a
budget, and to decide the total amount necessary to be raised from ad valorem tax levies to meet
the budget and further the authority of watershed districts under Section 10313.915 to certify its
budget with the auditor of Washington County; and the authority of a watershed district under
Section 103D.901 to file approved assessment statements with each affected county and finally
have the other powers necessary to exercise the authority under clauses 1 - 3 of Minn. Stat.
§103B.211 Subd.l including the power to enter into contracts for the performance of functions
with government units or persons.
4.13 The Joint Powers Board shall be authorized to fund projects in accordance with Minn.
Stat. §103B.251.
4.14 The Joint Powers Board shall fulfill all responsibilities imposed by law on watershed
management organizations under Minn. Stat. §103B.201 - 103B.255, including future
amendments thereto (the "Act") and shall have all powers and authority that the Act allows for
watershed management organizations except as explicitly modified, restricted, or withheld in this
Agreement.
ARTICLE V
Annual Budget /Administrative Fundine
5.1 Method of Operation The Joint Powers Board may collect and receive money and
services subject to the provisions of this agreement from the member local governmental units
and from any other sources approved by the Joint Powers Board and it may incur expenses and
make expenditures and disbursements necessary and incidental to the effectuation of the
purposes of this agreement. Funds may be expended by the Joint Powers Board in accordance
with procedures established herein. Orders, checks, and drafts shall be signed by both the
Chairperson or Vice - Chairperson and the Treasurer. Other legal instruments shall be executed on
behalf of the Joint Powers Board by the Chairperson or Vice - Chairperson and the Secretary.
5.2 On or before August 1 of each year, the Joint Powers Board shall prepare an annual
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work program relating to implementation of the Watershed Management Plan and other
watershed issues.
5.3 Operating Funds. On or before August 1 of each year, the Joint Powers Board shall
prepare an operating budget for the following year for the purpose of providing funds to operate
the Joint Powers Board's business.
5.4 Notwithstanding the provisions of Article of IV of this agreement, the annual
administrative expenses shall be budgeted and borne by each voting member local governmental
unit in the following manner:
a) 40 percent shall be borne based upon the total acreage of each member local
governmental unit based as a percentage of the acreage of the entire Middle St. Croix
Watershed;
b) Twenty percent shall be borne by each member local governmental unit based upon
the tax capacity of the particular community's area of the watershed as a percentage
of the tax capacity of the entire Middle St. Croix Watershed. To determine the tax
capacity portion of each community in the watershed to use in the formula described
here, the total tax capacity of the particular community is multiplied by the
percentage of the acreage that community has within the Middle St. Croix Watershed;
c) Forty percent shall be bome by each member local governmental unit based upon
population of particular community's area of the watershed as a percentage of the
total population of the entire Middle St. Croix Watershed. To determine the
population portion of each community in the watershed to use in the formula
described here, the total population of the particular community is multiplied by the
percentage of the acreage that community has within the Middle St. Croix Watershed.
The budget shall be adopted by the Joint Powers Board upon a two- thirds (2/3) majority vote
of all 10 members of the Joint Powers Board. After approval, the Secretary shall certify the
adopted budget to each member local governmental unit on or before September 1 of each year,
together with a statement showing the amounts due from each period. Each member local
governmental unit shall pay over to the Joint Powers Board the amount owing, in two (2) equal
installments, the first on or before January 1, and the second on or before July 1, in accordance
with the tax year for which the amount due is being paid.
5.5 Annual Accounts By May 1 of each year, the Joint Powers Board shall make and file
a full and complete financial report, an activity report, and an audit report to each member local
governmental unit and to the State Board of Water and Soil Resources, in accordance with
Minnesota Rules. Chapter 8410.0150.
ARTICLE VI
Works of Improvement
6.1 Initiation of Improvement Projects Works of improvement for the protection and
management of the Middle St. Croix Watershed including but not limited to improvements to
property, land acquisition, easements, or rights -of -way may be initiated by recommendation of
the MSCWMO or petition to the Joint Powers Board by the Council of one or more member
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local government units. In either case, the MSCWMO shall conduct a study to determine first,
whether or not such proposed improvements are consistent with the adopted MSCWMO
Watershed Management Plan and will result in a benefit to the Watershed in part or in whole,
and second, whether or not the proposed improvement is feasible and as to whether it should be
best made as proposed or in connection with some other improvement. Finally, the MSCWMO
shall determine the estimated cost of the improvement as recommended.
For projects that will be funded by ad valorem tax levies, the Joint Powers Board shall follow
procedures specified by law.
For projects that will be funded in whole or in part by assessments against member local
government units, the MSCWMO shall follow the following procedures: Upon concluding such
determination, the MSCWMO may make a recommendation of the improvement to the Council
of the member local governmental unit that the MSCWMO determines will be directly benefited
thereby. The recommendation of the MSCWMO shall include a description of the proposed
improvement together with its estimated costs and all engineering or staff reports related thereto
and an allocation of costs among benefited member local government units. The
recommendation shall also specify whether the improvement will be constructed by the
MSCWMO or a member local government unit. In the event the original proposal for the
improvement was submitted by all the local governmental units that are specifically and directly
benefited by the proposed improvement, such a recommendation from the MSCWMO to the
Council(s) shall not be required. Upon the submission of such a recommendation, if required
above, to the Council, each such Council to whom the MSCWMO submitted the
recommendation shall respond in writing within ninety (90) days of the date of receipt of the
recommendation. In the event a Council does not respond within ninety (90) days of the date of
receipt the recommendation of the MSCWMO, the Council shall be deemed to have consented to
the improvement.
In the event the Council of any local government unit directly benefited by any proposed
improvement timely objects to same, such proposed improvement may only be ordered by the
Joint Powers Board after conducting a public hearing on the improvement and then only on an
affirmative vote of two - thirds (2/3) of the Managers. Such public hearings shall be noticed and
conducted in the manner established and set forth in Minnesota Statute 103D.741.
6.2 Local Improvements When works of improvement are initiated by the Council of a
party or parties, said party or parties shall submit a petition to the MSCWMO setting forth the
description of the proposed work and the improvement, the benefits to be realized by said
improvements, its total estimated cost and a statement of its feasibility. The MSCWMO shall
review and make recommendations on the proposed improvement and the compliance with the
adopted MSCWMO Watershed Management Plan in accordance with the provisions of this
agreement all to be submitted back to the particular Council within sixty (60) days of the date of
receipt of the original proposal. In the event the MSCWMO does not respond to the particular
Council within sixty (60) days of the date of receipt of the proposal for improvement, the
MSCWMO shall be deemed to have consented to such proposal for improvement unless an
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extension of time has been granted by the Council.
In reviewing the proposal of the member local governmental unit for improvement projects,
the MSCWMO shall determine whether or not the same is consistent with the adopted
MSCWMO Watershed Management Plan. In the event the MSCWMO determines the proposed
improvements by the member local governmental unit to be inconsistent with the approved
MSCWMO Watershed Management Plan, the MSCWMO shall so notify the member local
governmental unit in the time prescribed above and in such case the member local governmental
unit shall not proceed with the proposed improvement. Review and approval by the MSCWMO
shall not be required for local projects that are identified in local surface water management
plans previously approved by the MSCWMO.
6.3. Tax District Each member local governmental unit may establish a watershed
management tax district for the portion of its corporate boundaries that lie within the Watershed
for the purposes of paying the cost of the planning required to develop a Watershed Management
Plan, or implement capital improvement projects. The tax district shall be established pursuant to
the provisions of Minnesota Statutes Section 10313.245. Neither the provisions of this agreement
or the establishment of a tax district shall prevent the member local governmental units from
electing to finance capital improvements by other means, such as establishing a storm water
utility.
6.4 Binding Arbitration Any member local government unit that is aggrieved by the
determination of the Joint Powers Board as to the allocation of the costs of an improvement shall
have 60 days after receipt of the recommendation of the Joint Powers Board referred to in
Section 6.1 to appeal such recommendation. The appeal shall be in writing and shall be
addressed to the Joint Powers Board asking for arbitration. The determination of the appeal shall
be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons;
one to be appointed by the Joint Powers Board; one to be appointed by the appealing local
government unit; and the third to be appointed by the two so selected. In the event the two
persons so selected do not appoint the third person within 15 days after their appointment, the
Chief Judge of the Washington County district court shall have jurisdiction to appoint, upon
application of either or both of the two earlier selected, the third person to the Board of
Arbitration. The third person selected shall not be a resident of any member governmental unit.
The arbitrators' expenses and fees, together with other expenses, not including counsel fees,
incurred in the conduct of the arbitration shall be divided equally between the MSCWMO and
the appealing member. Arbitration shall be conducted in accordance with Minnesota Statutes,
Chapter 572.
ARTICLE VII
Miscellaneous Provisions
7.1 Insurance The Joint Powers Board may contract for or purchase such insurance as the
it deems reasonable.
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7.2 The Joint Powers Board shall not have the power to levy a special assessment on any
privately or publicly owned land. The Joint Powers Board shall have the power to require any
member local government unit to contribute to costs allocated or assessed according to the other
provisions of this agreement.
7.3 The Joint Powers Board shall not have the power to issue certificates, bonds or
warrants.
7.4 The MSCWMO shall not have the power of eminent domain and shall not own any
interest in real property. (All interests in land shall be held in the name of the member local
government unit wherein said lands are located).
7.5 The MSCWMO has the ability to charge fees to member local government units to
cover the cost of reviews of projects within the member local government unit boundaries and
applied for and/or initiated by the member communities to ensure projects are meeting the
performance standards in the Watershed Management Plan.
7.6 The MSCWMO has the authority to establish and maintain a wetland enhancement
and replacement fund from funds collected from developers constructing projects having impacts
on wetlands subject to the limitations of the law.
ARTICLE VIII
Duration
8.1 Each member local governmental unit agrees to be bound by the terms of this
agreement until such time as it is dissolved.
8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth
below or by the unanimous consent of the parties of this agreement.
8.3 Dissolution Any member local governmental unit may petition the board to dissolve
the agreement. Upon thirty (30) days notice in writing of each member local governmental unit,
the board shall hold a hearing and upon a favorable vote by three - fourths (3/4) of all the eligible
votes of the then existing Board of Managers, the Board may by resolution, recommend that the
Joint Powers Board be dissolved. Notice of such recommendation shall be sent to Washington
County and the Board of Water and Soil Resources as a notice of intent to dissolve, and no
dissolution shall be effective until at least 90 days following such notice. Said resolution shall be
submitted to each member local governmental unit and if ratified by three- fourths (3/4) of the
member local governmental units within ninety (90) days, said board shall dissolve the
MSCWMO allowing a reasonable time to complete work in progress and to dispose of personal
property owned by the Joint Powers Board and/or the MSCWMO, if any. Upon dissolution of
the Joint Powers Board and/or the MSCWMO, all property of the Joint Powers Board and/or the
MSCWMO shall be sold and the proceeds thereof together with monies on hand shall be
distributed to the member local governmental units of the Joint Powers Board. Such distribution
of the Joint Powers Board and/or the MSCWMO assets shall be made in proportion to total
contribution of the Joint Powers Board required by the last annual budget.
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ARTICLE IX
Effective Date
This agreement shall be in full force and effect upon the filing of the certified copy of the
Resolution approving said agreement by each member local governmental unit.
ARTICLE X
Amendment
The Joint Powers Board and/or the Councils of the member local governmental units may
recommend changes and amendments to this agreement. Such recommendation shall be
forwarded in writing, to all of the Councils of the member local governmental units.
Amendments shall be adopted by three - fourths (3/4) vote of the Councils of the member local
governmental units within ninety (90) days of the referral. However, any amendment which
changes the method of approval for improvements or the financing of the Joint Powers Board
must be unanimously approved.
IIotI�
I '�ti WHEREOF, the parties hereto have executed this agreement as of date of
completc execution of the parties.
CITY OF AF
SEAL
Datete: / By:
Mayor
ATTEST,.
City Clerk
CITY OF BAYPO
SEAL.
Dated: 7 'f t Bv:
Mayor
ATTEST:
City Clerk
TOWNOV'AA7 .
SEAL I L
B_v:
Dated: �j �j
r 'chairperson
ATTEST:
To" n Clerk
12 of 15
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CITY OF LAKELAND
SEAL
Dated: - - By:
Mayor
ATTEST:
,,
City Clerk
CITY OF LAKELAND SHORES
SEAL
Dated: 2, r ) ^ Bv:
j CX Mayor
ATTE '
City Clerk
CITY OF LAKE ST. CROIX REACH
SEAL
Dated: 2111
Mayor
ATTEST:
City Clerk
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IIA 15
CITY OF LAKE ST. CROIX BEACH
5EA1, By:
Dated: / e2 y -o 6 Nlayo
ATTEST:
ny Clerk
CITY OF ST. MARY'S POINT
SEAL
{--_
Dated: Z By:
h jb� Mavor
ATTEST:
City Clerk
CITY OF STILLWATER
SEAL
By:
Dated:
_ r
" w "k
A44104 ., wImA
City Clerk
14 of 15
SEAL
Dated:
SEAI.
Dated:
CITY OF OAK P
.ATTEST:
LAKELAND
r� n
Town Clerk
COOPER.17'IVr AGREEMENT
Between the Brown's Creek Watershed District
and the City of Oak Park Heights
Kern Center Pond, Oak Park Heights
This Agmemeut is made try and between the Brown's Creek NVatembed District
( "BCWD "), a watershed district with powers pursuant to Minnesota Statutes Chapters
10313 and 103D, mud the City of Oak Park Heights (hereinafter referred to as `City'), a
political subdivision of the State of Minnesota.
Recitals and Statement of Purpose
WHEREAS the BCIVD has an approved Watershed Management Plan that
identifies regional stonmwater detention as a priority need for reducing stomrwater flow
rates, localized flooding and water quality degradation within the watershed aid
cstablishiiF a program for the demonstration of infiltration and related slonmvater
management practices;
WHEREAS the Kern Center Pond ("Pond") is a regional pending facility
• constructed and maintained by the City for stormwater nmanagement;
WffFREiAS Pond redesign, including The incorporation of regional infill ation,
will further the purposes and goals of the RCW D and provide a useful site to educate arid
• inform interested persons about innovative stom7water management concepts and water
resource matters ge ierally;
• WHEREAS the City and the BCWD wish to collaborate iu a redesign of the Pond
• for the purpose of regional infittration, aril the City agrees to assume responsibility Ter
construuKion and ntairtimance, as defined in the "Kern Center Commercial Area Drainage
• facility Operation and Maintenance Plan" (together, the "Project");
WHEREAS BCNVD Rule 2.;.4 allows for regional stormwater management in
place of site -based managetrtent if pursuant to a cooperative: agreement with the BCWD,
and the City would like to invoke. [Iris rule through regional management for the Kum
Center Drainage Area, as shown in Exhibit 13, which comprises 92.1 acres datining to the
Pond (of which 17.7.'- actcs lies within the City of Lake Elmo);
WHEREAS the ponies acknowledge that their ability to achieve ProjeLt
ol?iectivcc depends on each party satisfactorily and promptly performine its individual
obligations and working eoop6ratively with the other party;
Coo"- Agree.rent
Kern ('enter Pnnd
11CN't) /OP6t
WHEREAS the Project will be funded in part through a Local Water Planning
Challenge Grant of the Minnesota Board of Water and Soil Resources, and the grant
agreement imposes certain requirements on the BCWD, the Local Governmental Unit
and Fiscal Agent, referred to as "Grantee" in said grant;
TfiL'•RETORF the patties enter into this agreoment to document their
understanding of the scope of and responsibilities for the Project and Facilitate
communication and cooperation to ensure successful completion of the Project
Agreement
I. The design plans have been prepared and signed by the BCWD Engineer and
provided in both electronic and hard copy to the City's Engineer. 'Re specifications
based on the design plaits have been prepared by the City's engineering consultant. These
design plans, dated 11 DY04, are attached as Exhibit A to this agreement and
incorporated herein.
2. The final bid docunnents have been prepared and signed by the City's Engineer.
The City shall construct or provide for construction in accordance with Exhibit A. I7te
City shall acquire all property tights said permits as needed, including a BCWD permit as
applicable. The BCWD shall waive any administrative or permit fbes to the City
associated with the Project. Bid preparation and evaluation, contract administration and
construction management shall be the City's responsibility, subject to grant
reimbursement if applicable. At the City's ieques4 the BCWD shall assist the City in the
cost - affective disposition of excavated materials.
3. 'llte BCWD shall be given notice of pre-construction acrd construction meetings
and shall be permitted access to the site and to Project documents in order to perform
construction observation. Notwithstanding, it shall be the responsibility of the City to
ensure that constriction conforms to Exhibit A. When construction is completed, the
City shall provide the BC\4D its -built drawings certified by a professional engineer. The
BCWD shall bear its own costs for its activity tinder this paragraph.
4. On a written determination by the BCWD that the construction is complete in
accordance with the final plans and specifications and the teens of the BCWD permit, the
provisions of BCWD Rules, paragraph 2.7.4(c), shall be deemed to be met for all parcels
within the Kern Center Drainage Area, which area is hounded as shown in Exhibit B,
attached hereto and incorporated herein. Notwithstanding, paragraph 2.7.4 shall be
deemed to apply to a proposed activity only if
(a) At the time land disturbance for an activity described at BCWD Rule
paragraph 2.2 occurs, the Pond is being maintained in accordance with Use
Cooperative Agreement
Korn Center Pond
DOWT OPH
operation and maintenance plan, Exhibit C, attached ]tcroto and incorporated
herein; and
(b) The proponent of such an activity has established, and the BCWD in
writing has confirmed, that the hard surface created by the activity falls within the
74,4 acres of hard surface within the Kem Center Commercial Area to which the
City has allocated Pond capacity.
Compliance with paragraph 2.7.4(c) under this paragraph does not apply to any land
presently within the City of lake Elmo, which is not a party to this agreement and shall
not receive any exemption under BCNVD rules relating to development.
5. Water level, discharge and water quality monitoring, at the expense of the
BCWD, shall be performed in accordance with the monitoring plan, Exhibit D, attached
hereto and incorporated herein. Each party may do other monitoring as it wishes.
d. The BCWD shall develop materials to inform interested persons about the Project
and related water resource matters, The cost to prepare and install signage and other
infomtalion structures shall be the responsibility of the BCWD. The 13CWD shall
maintain these structures at its experise. Any materials or outer publicity regarding the
Project shall identify the State;, the City and the BCWD as sponsoring bodies. Placement
of tiny such structures shall be subject to the approval of the City. The City and the
BCWD will cooperate to detennittc the location of signage and information structures.
7, The City shall be responsible for the removal of accumulated sediments according
to the terns of Exhibit C, "Routine Maintenance," subject to paragraph 12(a), below.
8. Each party shall bear the cost of those actions for which it is responsible under
this agreement, except as explicitly stated otherwise herein.
9. Any communications spec:ilied herein shall be addressed as follows:
TO THE BCWD:
TO THE CITY:
Karen Kill, Administrator Fric Johnson, Administrator
Brown's Ca Watershed District City of Oak Park Heights
1380 West Frontage Road, Highway 36 P.O. Box 2007
Stillwater, biN 55082 Oak Park Heights, N1N 55082
10. The City shall provide a copy of this agreement to its contractor. By entering into
this agrectnent and acting pursuant hereto, the BCWD is assuming no duty of care with
respect to the contractor or any other thitd party, and nothing herein shall create any right
Cooperative AFA�ment 3
Kem Center Pond
"OVIVOPH
of action by the contractor or any other third party against the BCWD. Nothing herein
shall he construed us a waiver of any immunity otherwise possessed by the City or the
BCWD with respect to any third party or each other.
IL Neither the 8CWD nor the City shall be decined to be an agent or representative
of the other in perfori Ling any action under this agrvenient. 'Phis agreennent is not
intended as and shall not be construed as a joint powc`.rs agreement taider hfinpesota
Statutes section 171.59. The allocation of rights in materials and intellectual property
underthis Project shall ei m1brin to the grant agreement.
12. The City and the BCWD recognizc certain risks inherent in the construction of the
proposed facilities, and in(eod m address those risks cooperatively. should they occur, as
follows:
(a) The BCWD assumes no liability to the City related to time desiut other
than that liability, if any, derivative of a failure of the BCWD engineer to exercise
a protessional standard of care in preparing the design. if the Pond fails to
demonstrate performance per Exhibit C. the City and the 1XVI) wilt consult on
corrective measures. The City's obligation for removal of accumulated sediments
under paragraph 7, above. will not annmence tomtit performance has been
demonstrated, but the BCWD will not othei%cisc be compelled to take corrective.
action. The City assumes no liability for itic design of the pioicct as prepares{ by
the BCWD consulting engineer.
(b) The City shall manage the construction contract to avoid a deviation from
the plans and specification, that may affect the vottune control performance of the
Pond. If circumstances :wise that may result in an untiiresceable construction cost
increase or delay, the parties %ill consult on how to proceed. Neither party will
be liable to the other for any project cost increase resulling from such
circumstances except as agreed to fallowing consultation. T'hc City, in its
discretion, will be responsible it) manage the contract to avoid or minimize
contract cost increases in the event that such circumstances arise.
(c) if after the City's maintenance obligation htts cotmtlenced the Pond fails to
perform effectively per Exhibit C, the City and the BCWD will consult on
Corrective treasures. The City will not othe:weisc be compelled to lake corrective
action beyond the maintenance specified in Exhibit C.
(d) If in the iiuurc the City and the BCWD agree that the Pond has ceased to
provide meaningful voltune control and that measures will not he taken to restore
nicaningiiil control, this agreement will he amended to relieve the City of its
maintenance obligation for removal of accumulated sediments under paragraph 7,
Cooperative Af;rcetne:nt
Kong Center t'mid
BCWD_/Cn'li
Appendix B
i
N 1" =600'
600 0 '— 600 Feet
Stormwater Ponds
Subwatershed Boundaries
[�1 Landowners
Roads`
V
EXHIBIT C
Kern Center Commercial Area Drainage Facility
Operation and Maintenance Plan
Purpose
The overall objective of this Operation and Maintenance (O &N1) Plan is to ensure the
successful long -term operation of the Kem Center infiltration basin (Basin) that has been
designed as part of the storra water plan for the Kern Center Commercial Area in the City
of Oak Park Heights (City).
The purpose of the O &M Plan is to identify the tasks that will be needed for operation
and maintenance of this facility, and standards for evaluating successful operation and
maintenance. The City of Oak Park Heights will be responsible for financing and
carrying out these tasks. 'fie Brown's Creek Watershed District (BCWD) will be
responsible for monitoring the infiltration basin at its expense.
Background
The Basin for the Kern Center Commercial Area is designed to retain and infiltrate storm
water runoff generated on the approximately 74 acres of commercial area that drains to
the basin, The site is located within the CIty and Brown's Creek Watershed District.
Basin Performance Targets and Monitoring
The BCWD has determined that the Kern Center Basin has been designed to provide the
additional 6.8 acre -ibet of retentiot/infilirstion required to accommodate existing and
future development, up to 80 percent imperviousness, within its drainage area, while
meeting the BCWD's volume control requirements. The requirements will be achieved
by expanding the pond to approximately 3.6 acres, and by managing the pond at a new
normal water level (NWL) that is on average 1.5 to 2 feet below the invert of the existing
12 -inch orifice outlet. The BCWD estimates that given the soil types identified during
the geotechnical investigation, the 1.5 to 2 feet of storage below the invert will infiltrate
within a 3 to 4 day period after a storm event.
The BCWD will develop a monitoring, plan that will evaluatethe infiltration capacity of
the basin overtime. Under the monitoring plan, the BCNYD will monitor pond
performance for at least one year, at which time perfornnnnce will be evaluated, taking
annual precipitation into account. The BCWD will continue to monitor performance
thereafter at a frequency and for a period it finds appropriate. For each year in which
monitoring is performed, an annual monitoring report summarizing the monitoring
activities completed and findings for the Kern Center Basin will be submitted to the City
of Oak Park Heights.
K:,i Cmrer Cmwnt&W Am Drstnop l-viiky
Opamion end NIAMnaocc Ptan
CuoperAve Arm =, F',hk i C
Construction Inspection
The City will bear responsibility for inspection of the Basin construction and working
with the contractor to assure that the Basin is constructed according to the plans. The
13CWD will participate in on -site inspection, and will identify any concerns regarding
construction- related issues to the City during construction or the warranty period. The
BCWD will have no authority to direct the contractor,
Basin Performance Warranty Period
After construction is completed, the BCWD will mumitor the performance of the Basin
for a period of time deemed adequate by the City engincer and BCWD engineer, given
precipitation patterns, plant rooting and other relevant factors, to calibrate actual
performance in relation to the design target. The BCWD will report to the City on the
function of the Basin during this time, identify actual performance in comparison to the
target infiltration rate, and identify any other issues related to performance of the Basin.
The BCWD find the City will discuss the outcomes of the monitoring, and determine
whether the Basin is functioning successfully, whether changes are needed to achieve the
target infiltration rate or the target rate needs to be modified.
Vegetation Establishment Period
The City and BCWD will monitor vegetation eslablishtrent during the first year after
construction is completed. Maintenance during the first year will be included in the
construction contract, and will be completed by the contractor.
The City will provide in the contract that maintenance requirements and evaluation of
nativesecding at the Basin twill conform to Guidelines for Restoring cot Afanuging Native
Wedand Vegetation (Minnesota DOT and Minnesota B WSR) and A" /DOT Seeding
Manual 2003.
The City will provide in the contract that tree and shrub plantings will be monitored as
well aad that prose that die or are in poor condition within one year after planting will be
replaced by the contractor at his'ht-r expense, and a second I -year establishment period
will begin.
Maintenance Period
The Maintenance Period for the Basin will begin after construction is completed, and
after the BCWD and City agree that the design is functioning successfully in meeting the
target infiltration rate identified for the Basin.
Kem t emer Co mr:ial Arta 6raiaaaIc r9C!IiEY
opemuon and VzmecwKe Plan
Ccopctsthv Agmtmga UiNtC
a. Use the minimtan amount of sand and salt needed to maintain hnrrt anrfnrae
•
•
•
i Routine
Maintenance
The City will complete rite following routine maintenance activities at its expense:
1. Annual inspection
.
The City will complete an annual inspection of the Basin to identify maintenance
•
issues.
2. Removal of accumulated sediments
The City will remove accumulated sediments from the smaller "forebay" cells at
the north and southeast sides of the large basin when the depth of sediment
.
reaches half the depth of the basin. Sediment will be removed with light
•
equipment that will be operated from outside the basin to the degree possible to
minimize compaction and damage to plantings.
•
.
3. Vegelation maintenance
•
Maintenance of plantings will include the following:
a. Seeded areas — Maintenance will conform to Guidelinesfor Restoring
Afanaging Native Weiland Vegetation (Minnesota DOT and Minnesota
BWSR ) and Mj%'1DOTSeedingAfanua12003. This maintenance typically
•
includes mowing 2 -3 times per season, and spot spraying weeds as needed.
When sufficient litter is available, a controlled ben may replace mowing at
•
the City's discretion,
a
b. Trees and shrubs •- Trees and shrubs will be inspected annually. Pruning or
replacement may be completed for dead or diseased plants,
.
c. The City will use no fertilizer near the Basin. Herbicide application will be
limited to spot spraying of noxious weeds with herbicides approved for use
•
near water bodies.
'
4. Erosion Control
•
if areas of erosion are identified within the site, the City will use appropriate
•
methods such as fabric, seeding, plantings, or structural methods if necessary to
•
stabilize these areas.
5. Best Management Practices
•
The City will encourage landowners in the drainage area to the Basin to control
•
sediment and pollutants that may affect the operation of the Basin, including the
following:
K CCntct ComaRrcial bas lhaina�e Futility
•
Or atin and Wimcn cv Pion
CO�' agaement. [. <bibi[C
•
a, Use the minimum amount of sand and salt needed to maintain hard surfaces
in the winter months
b. Sweep hard surfaces as early as possible in the spring
Additional Maintenance
The following criteria indicate the need to perform additional maintenance activities:
1. The Basin is no longer returning to a normal water level that is 1.5 to 2 feet below
the invert elevation, of the 12 -inch orifice between storm events during a normal
precipitation year, indicating that the available storage in the system has been
reduced.
2. The time that it takes the Basin to reach its normal water level (1.5 to 2 feet below
invert elevation) after a rainfall event is longer than a 3 to 4 day period, unless
another rainfall event occurs during this period.
If the BCWD monitoring rinds either or both of the conditions identified above, it will
notify the City, and provide the results of the monitoring to the City. The BCWD and
City will discuss the findings of the monitoring, and determine the actions to be taken,
the responsibility for those actions, and time frame for completion of the actions.
Kt m Ceiito Corms 60 Atca Dm tlW Nacility
C)Pm ion and Maintenance Plan
Coop=twa Apvenitm, Exhibit C
JOINT POWERS AGREEMENT
TO PROTECT AND MANAGE
THE MIDDLE ST CROIX WATERSHED
THIS AGREEMENT, made and entered into as of the date of execution, by and between
the local governmental units within the Middle St. Croix Watershed Management Organization
each party realizes that the success or failure of the Middle St. Croix Water Management
Organization created by this agreement is dependent upon the desire of each member
community to cooperate in the exercise of Joint Power to solve a common problem. Each party
to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface
Water Management Act (Minn. Stat.10313.201 to 10313.255).
WITNESSTH:
WHEREAS, the cities and townships located within the Middle St. Croix Watershed have
authority pursuant to Minn. Stat. 471.59 to jointly and/or cooperatively by agreement, exercise
any powers common to the contracting parties; and,
WHEREAS, the parties are desirous of jointly and cooperatively developing a Watershed
Management Plan for the Watershed and instituting programs to conserve soil and water
resources through implementation of practices that preserve and use natural storage areas,
control excessive volumes and rates of run -off, effectively reduce or prevent erosion and
sedimentation, promote groundwater recharge, improve water quality and prevent flooding in
order to protect and manage the natural and artificial water conveying systems of the Middle St.
Croix Watershed.
NOW, THEREFORE, the parties to this agreement do mutually agree as follows:
ARTICLE I
General Purpose
1.1 It is the general purpose of the parties to this Agreement to establish an organization
to jointly and cooperatively develop a Watershed Management Plan and program to preserve and
use natural or created water storage and retention systems in order to:
a. Protect, preserve and use natural service and groundwater storage and retention
systems;
b. Minimize public capital expenditures to correct flooding and water quality problems;
c. Identify and plan for means to effectively protect and improve surface and
groundwater quality;
d. Establish more uniform local policies and official controls for surface and
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groundwater management;
e. Prevent erosion of soil into surface water systems;
f Promote groundwater recharge;
g. Protect and enhance fish and wildlife habitat and water recreational facilities; and,
h. Secure the other benefits associated with the proper management of surface and
groundwater.
1.2 The boundaries of the Middle St. Croix Water Management Organization (hereinafter
referred to as MSCWMO) are set forth in Exhibit I attached hereto and incorporated by reference
herein and shall be hereinafter referred to as the "Watershed ". In general, the plan may include
projects that accomplish the following:
a. Preserve and use natural or created water storage and retention systems in order to
reduce to the greatest practical extent the public capital expenditures necessary to
control excessive volumes and rates of run -off;
b. Protect and improve existing water quality in lakes and streams through proper land
use and appropriate conservation practices;
c. Prevent flooding and erosion by implementing flood plain management and erosion
control systems;
d. Protect and enhance fish and wildlife habitat and water recreational facilities by
reducing pollutant loads to lakes, streams, and wetlands;
e. Undertake needed programs to promote groundwater recharge and protection;
f. Provide a mechanism for the review of local land and water management plans;
g. Provide a forum for resolution of future intergovernmental disputes relating to the
management and protection of the Watershed;
h. Provide cooperation on a united basis on behalf of all units of government within the
Watershed and with all other levels of government to facilitate natural resource
protection and water management in the Watershed.
i. Provide means for review of development projects to ensure compliance with
MSCWMO Watershed Management Plan requirements.
ARTICLE II
Definitions
2.1 For the purposes of this agreement, the terms shall have the meanings as defined in
this Article.
a. " MSCWMO" The organization created by this agreement, the full name of which
is the Middle St. Croix Water Management Organization ( MSCWMO). It shall be
a public agency of its members.
b. "Board" The Joint Powers Board consisting of one Manager from each of the
local governmental units that is a party to this agreement, which shall be the
governing body of the MSCWMO.
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c. "Council" Means the governmental body of a local governmental unit that is a
member of this MSCWMO.
d. "Local Governmental Unit" Means that City, Township, or other political
subdivision cited in Minn. Stat. 473.852. Subd. 7.
e. "Manager" is the person appointed to the Joint Powers Board by each Council or
in the Manager's absence, the Alternate Manager.
f. "Middle St. Croix Watershed" or "Watershed" Unless otherwise stated, means
that area described and set forth within the map depicted in Exhibit I attached
hereto and incorporated by reference herein.
g. "Groundwater" Is the water found in the interconnected pores found beneath the
water table.
ARTICLE III
Board of Managers
3.1 The governing body of the Joint Powers Board shall be its board. Each council shall
be entitled to appoint one Manager on the Board and one Alternate who may sit when the
Manager is not in attendance and said Manager or Alternate shall be called a Manager.
3.2 Each Manager and Alternate shall be appointed for a three (3) year term and shall
serve at the pleasure of the Council appointing such Manager, and such Manager or Alternate
may be removed by the Council at any time for just cause in accordance with Minnesota Statutes
103B.227. Subd. 3: and Minnesota Rules Chapter 8410.0040.
3.3 Vacancies. A vacancy on the Joint Powers Board shall be filled by the Council whose
membership position on the Joint Powers Board is vacant. The vacant position shall be filled in
accordance with the requirements as set forth within Minn. Stat. § 10313.227 (1995).
3.4 Compensation and Expenses. The Joint Powers Board Manager shall not be entitled
to compensation or reimbursement for expenses incurred in attending meetings except to the
extent the Council might determine to compensate or reimburse the expenses of the member it
appoints in which case the obligation to make such payment shall be that of the individual
Council and not of the MSCWMO.
3.5 Officers. The Joint Powers Board shall elect from its membership a Chairperson, Vice
Chairperson, Secretary, and Treasurer and further officers as may be necessary to reasonably
carry out the purposes of this agreement. All such officers shall hold office for a term of 2 years
or until their successors have been duly elected by the members of the Joint Powers Board. Any
such officer may only serve while a Manager of the Joint Powers Board. Vacancies in office
shall be filled by the membership of the Joint Powers Board by election for the remainder of the
unexpired term of such office.
Duties ofOfficers
1. Chair - Presides over meetings, assists with preparation of agenda, maintains and
presents annual calendar of specific responsibilities.
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2. Vice Chair - In the absence of the Chair, fulfills all duties of the Chair.
3. Secretary - Meeting minutes, prepare agendas, maintain membership list.
4. Treasurer - Maintains checkbook, financial reports at meetings, prepares budgets
and billing statements, assists with yearly financial audit.
3.6 Quorum. One half of the members of the Board shall constitute a quorum.
3.7 Meetings The regular meeting date of the Joint Powers Board shall be established by
resolution of the Joint Powers Board and may be changed from time to time. Special meetings
shall be held at the call of the Chair or by any member giving not less than seventy -two (72)
hours written notice of the time, place and purpose of such meeting delivered or mailed to the
residence of each Joint Powers Board manager and to the City Clerk for each member local
government unit. All meetings of the Joint Powers Board are subject to Minn. Stat. Chapter 13D
(The Minnesota Open Meeting Law), and shall be governed by Robert's Rules of Order, Newly
Revised 10`" Edition or later. Member local government units will be notified of meeting dates,
times, and locations.
3.8 MSCWMO Joint Powers Board Office The office of the MSCWMO shall be at:
Washington Conservation District. 1380 West Frontage Road, Highway 36. Stillwater,
Minnesota 55082. The Joint Powers Board will designate the official bulletin board by official
resolution.
All notices to the MSCWMO or its Joint Powers Board shall be delivered or served at said
office. The designated office of the MSCWMO may be changed from time to time upon an
affirmative vote from a majority of its Managers at a regularly held meeting or special meeting
called for that purpose.
3.9 Alternate Managers. One Alternate Manager to the Joint Powers Board shall be
appointed by each party to this agreement. Alternate Managers may attend any meeting of the
Joint Powers Board and in the absence of the appointed Manager have the right to vote on the
behalf of the member local governmental unit that the Alternate represents. If a Joint Powers
Board Manager is also an officer of the Joint Powers Board, the Alternate shall not be entitled to
serve in the place of such officer when the officer is absent.
3. 10 Voting Any action taken by the Board shall be by majority vote unless otherwise
stated herein or required by law. Amendments to the annual operating budgets require a two -
thirds (2/3) majority of all of the 10 managers of the Joint Powers Board.
Actions taken by the Joint Powers Board to order projects or to assess member local
governmental units for improvements shall require a two- thirds (2/3) majority vote of all 10
members of the Joint Powers Board; all other matters will carry by a simple majority of those
present as provided in 3.6.
ARTICLE IV
Joint Powers Board Powers and Duties
4.1 Joint Powers Board The Joint Powers Board shall have the powers and duties set
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forth within this article.
4.2 Rules and Regulations The Joint Powers Board may prescribe and promulgate such
rules from time to time, as it deems necessary to carry out its duties and the purpose of this
agreement and to collect such fees as are reasonably necessary to cover the expenses of
administration, permitting, and enforcement of such rules.
4.3 Watershed Management Plan As required by law, the Joint Powers Board shall
prepare and adopt a Watershed Management Plan as required by law.
4.4 Local Water Management Plan. After consideration, but before adoption by its
governing body, each member local governmental unit shall submit its Local Water Management
Plan to the Joint Powers Board for review of its consistency with the Watershed Management
Plan of the Middle St. Croix Water Management Organization. Each member local governmental
unit may also adopt, by resolution, the Middle St. Croix Watershed Management Plan, as its own
local plan. The Joint Powers Board shall approve or disapprove each Local Water Management
Plan or parts thereof. The Joint Powers Board shall have sixty (60) days to complete its review.
If the Joint Powers Board fails to complete its review within the prescribed time period, unless
an extension is agreed to by the member local governmental unit submitting the plan, the
proposed plan shall be deemed approved.
4.5 Information and Data The Joint Powers Board may acquire and record such
information and data within the Watershed as it deems necessary to accomplish its purpose as set
forth herein. Such information or data as collected, shall be fully available for all member local
governmental units of the MSCWMO and the public. Nothing herein is intended to authorize or
require a disclosure of data in violation of the Minnesota Data Privacy Act, Minnesota Statutes,
Chapter 13.
4.6 Claims As provided within Minn. Stat. §10313.211 Subd. 1, the MSCWMO through
its agents and employees may enter upon land within or without the Watershed to make surveys
and/or investigations to accomplish the purposes of the watershed management plan. The
MSCWMO shall be liable for actual damages resulting from entry but every person who claims
damages shall serve the Chairman or Secretary of the Joint Powers Board with a Notice of Claim
as required by Minn. Star. 466.05.
4.7 Contracts The MSCWMO may make such contracts and enter into such agreements
as necessary to fulfill its obligations under this agreement. Such contract or agreements shall be
in accordance with the Municipal Contracting Law as set forth within Minn. Stat. §471.345 et
seq.
4.8 Employment and Professional Services The MSCWMO may obtain such
professional services and/or contract for services and may also utilize existing staff of the local
governmental units to the extent that the local governmental units consent thereto. The
MSCWMO may also employ such other persons as it deems necessary. If staff services of a
member local governmental unit are utilized, such services shall not reduce the financial
commitment of the member local governmental unit to the operating fund of the Joint Powers
Board unless the Joint Powers Board so authorizes the same by a majority vote of the Joint
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Powers Board of Managers in such cases as where the utilization of staff services are to be
substantial.
4.9 The Joint Powers Board will appoint citizen and technical advisory committees as it
deems necessary and/or as required by law.
4.10 The Joint Powers Board will also establish and provide for a newsletter or other
communication in the manner prescribed within Minn. Star. § I03B.227 Subd. 4.
4. 11 The Joint Powers Board shall be authorized to fund projects by use of an ad valorem
tax authorized under Minn. Stat. §1O3B.241 in addition to the cost of preparing plans to
implement same. MSCWMO and its member local governmental units may accumulate the
proceeds of levies as an alternative to issuing bonds to finance improvements.
4.12 Pursuant to the authority of Minn. Star. §103B.211, this Water Management
Organization shall have the authority of a watershed district under Section 103D.91 I to adopt a
budget, and to decide the total amount necessary to be raised from ad valorem tax levies to meet
the budget and further the authority of watershed districts under Section 103D.915 to certify its
budget with the auditor of Washington County; and the authority of a watershed district under
Section 103D.901 to file approved assessment statements with each affected county and finally
have the other powers necessary to exercise the authority under clauses 1 - 3 of Minn. Star.
§I03B.21 I Subd.I including the power to enter into contracts for the performance of functions
with government units or persons.
4.13 The Joint Powers Board shall be authorized to fund projects in accordance with Minn.
Star. §103B.251.
4.14 The Joint Powers Board shall fulfill all responsibilities imposed by law on watershed
management organizations under Minn. Star. §103B.201 - 103B.255, including future
amendments thereto (the "Act') and shall have all powers and authority that the Act allows for
watershed management organizations except as explicitly modified, restricted, or withheld in this
Agreement.
ARTICLE V
.Annual Budget /Administrative Fundin¢
5.1 Method of Operation The Joint Powers Board may collect and receive money and
services subject to the provisions of this agreement from the member local governmental units
and from any other sources approved by the Joint Powers Board and it may incur expenses and
make expenditures and disbursements necessary and incidental to the effectuation of the
purposes of this agreement. Funds may be expended by the Joint Powers Board in accordance
with procedures established herein. Orders, checks, and drafts shall be signed by both the
Chairperson or Vice - Chairperson and the Treasurer. Other legal instruments shall be executed on
behalf of the Joint Powers Board by the Chairperson or Vice- Chairperson and the Secretary.
5.2 On or before August I of each year, the Joint Powers Board shall prepare an annual
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work program relating to implementation of the Watershed Management Plan and other
watershed issues.
5.3 Operating Funds. On or before August 1 of each year, the Joint Powers Board shall
prepare an operating budget for the following year for the purpose of providing funds to operate
the Joint Powers Board's business.
5.4 Notwithstanding the provisions of Article of IV of this agreement, the annual
administrative expenses shall be budgeted and borne by each voting member local governmental
unit in the following manner:
a) 40 percent shall be borne based upon the total acreage of each member local
governmental unit based as a percentage of the acreage of the entire Middle St. Croix
Watershed;
b) Twenty percent shall be home by each member local governmental unit based upon
the tax capacity of the particular community's area of the watershed as a percentage
of the tax capacity of the entire Middle St. Croix Watershed. To determine the tax
capacity portion of each community in the watershed to use in the formula described
here, the total tax capacity of the particular community is multiplied by the
percentage of the acreage that community has within the Middle St. Croix Watershed;
c) Forty percent shall be borne by each member local governmental unit based upon
population of particular community's area of the watershed as a percentage of the
total population of the entire Middle St. Croix Watershed. To determine the
population portion of each community in the watershed to use in the formula
described here, the total population of the particular community is multiplied by the
percentage of the acreage that community has within the Middle St. Croix Watershed.
The budget shall be adopted by the Joint Powers Board upon a two- thirds (2/3) majority vote
of all 10 members of the Joint Powers Board. After approval, the Secretary shall certify the
adopted budget to each member local governmental unit on or before September 1 of each year,
together with a statement showing the amounts due from each period. Each member local
governmental unit shall pay over to the Joint Powers Board the amount owing, in two (2) equal
installments, the first on or before January 1, and the second on or before July 1, in accordance
with the tax year for which the amount due is being paid.
5.5 Annual Accounts By May 1 of each year, the Joint Powers Board shall make and file
a full and complete financial report, an activity report, and an audit report to each member local
governmental unit and to the State Board of Water and Soil Resources, in accordance with
Minnesota Rules. Chapter 8410.0150.
ARTICLE VI
Works of Improvement
6.1 Initiation of Improvement Projects Works of improvement for the protection and
management of the Middle St. Croix Watershed including but not limited to improvements to
property, land acquisition, easements, or rights -of -way may be initiated by recommendation of
the MSCWMO or petition to the Joint Powers Board by the Council of one or more member
7of15
local government units. In either case, the MSCWMO shall conduct a study to determine first,
whether or not such proposed improvements are consistent with the adopted MSCWMO
Watershed Management Plan and will result in a benefit to the Watershed in part or in whole,
and second, whether or not the proposed improvement is feasible and as to whether it should be
best made as proposed or in connection with some other improvement. Finally, the MSCWMO
shall determine the estimated cost of the improvement as recommended.
For projects that will be funded by ad valorem tax levies, the Joint Powers Board shall follow
procedures specified by law.
For projects that will be funded in whole or in part by assessments against member local
government units, the MSCWMO shall follow the following procedures: Upon concluding such
determination, the MSCWMO may make a recommendation of the improvement to the Council
of the member local governmental unit that the MSCWMO determines will be directly benefited
thereby. The recommendation of the MSCWMO shall include a description of the proposed
improvement together with its estimated costs and all engineering or staff reports related thereto
and an allocation of costs among benefited member local government units. The
recommendation shall also specify whether the improvement will be constructed by the
MSCWMO or a member local government unit. In the event the original proposal for the
improvement was submitted by all the local governmental units that are specifically and directly
benefited by the proposed improvement, such a recommendation from the MSCWMO to the
Council(s) shall not be required. Upon the submission of such a recommendation, if required
above, to the Council, each such Council to whom the MSCWMO submitted the
recommendation shall respond in writing within ninety (90) days of the date of receipt of the
recommendation. In the event a Council does not respond within ninety (90) days of the date of
receipt the recommendation of the MSCWMO, the Council shall be deemed to have consented to
the improvement.
In the event the Council of any local government unit directly benefited by any proposed
improvement timely objects to same, such proposed improvement may only be ordered by the
Joint Powers Board after conducting a public hearing on the improvement and then only on an
affirmative vote of two- thirds (2/3) of the Managers. Such public hearings shall be noticed and
conducted in the manner established and set forth in Minnesota Statute 103D.741.
6.2 Local Improvements When works of improvement are initiated by the Council of a
party or parties, said party or parties shall submit a petition to the MSCWMO setting forth the
description of the proposed work and the improvement, the benefits to be realized by said
improvements, its total estimated cost and a statement of its feasibility. The MSCWMO shall
review and make recommendations on the proposed improvement and the compliance with the
adopted MSCWMO Watershed Management Plan in accordance with the provisions of this
agreement all to be submitted back to the particular Council within sixty (60) days of the date of
receipt of the original proposal. In the event the MSCWMO does not respond to the particular
Council within sixty (60) days of the date of receipt of the proposal for improvement, the
MSCWMO shall be deemed to have consented to such proposal for improvement unless an
8of15
extension of time has been granted by the Council.
In reviewing the proposal of the member local governmental unit for improvement projects,
the MSCWMO shall determine whether or not the same is consistent with the adopted
MSCWMO Watershed Management Plan. In the event the MSCWMO determines the proposed
improvements by the member local governmental unit to be inconsistent with the approved
MSCWMO Watershed Management Plan, the MSCWMO shall so notify the member local
governmental unit in the time prescribed above and in such case the member local governmental
unit shall not proceed with the proposed improvement. Review and approval by the MSCWMO
shall not be required for local projects that are identified in local surface water management
plans previously approved by the MSCWMO.
6.3. Tax District Each member local governmental unit may establish a watershed
management tax district for the portion of its corporate boundaries that lie within the Watershed
for the purposes of paying the cost of the planning required to develop a Watershed Management
Plan, or implement capital improvement projects. The tax district shall be established pursuant to
the provisions of Minnesota Statutes Section 103B.245. Neither the provisions of this agreement
or the establishment of a tax district shall prevent the member local governmental units from
electing to finance capital improvements by other means, such as establishing a storm water
utility.
6.4 Binding Arbitration Any member local government unit that is aggrieved by the
determination of the Joint Powers Board as to the allocation of the costs of an improvement shall
have 60 days after receipt of the recommendation of the Joint Powers Board referred to in
Section 6.1 to appeal such recommendation. The appeal shall be in writing and shall be
addressed to the Joint Powers Board asking for arbitration. The determination of the appeal shall
be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons;
one to be appointed by the Joint Powers Board; one to be appointed by the appealing local
government unit; and the third to be appointed by the two so selected. In the event the two
persons so selected do not appoint the third person within 15 days after their appointment, the
Chief Judge of the Washington County district court shall have jurisdiction to appoint, upon
application of either or both of the two earlier selected, the third person to the Board of
Arbitration. The third person selected shall not be a resident of any member governmental unit.
The arbitrators' expenses and fees, together with other expenses, not including counsel fees,
incurred in the conduct of the arbitration shall be divided equally between the MSCWMO and
the appealing member. Arbitration shall be conducted in accordance with Minnesota Statutes,
Chapter 572.
ARTICLE VII
Miscellaneous Provisions
7.1 Insurance The Joint Powers Board may contract for or purchase such insurance as the
it deems reasonable.
9of15
7.2 The Joint Powers Board shall not have the power to levy a special assessment on any
privately or publicly owned land. The Joint Powers Board shall have the power to require any
member local government unit to contribute to costs allocated or assessed according to the other
provisions of this agreement.
7.3 The Joint Powers Board shall not have the power to issue certificates, bonds or
warrants.
7.4 The MSCWMO shall not have the power of eminent domain and shall not own any
interest in real property. (All interests in land shall be held in the name of the member local
government unit wherein said lands are located).
7.5 The MSCWMO has the ability to charge fees to member local government units to
cover the cost of reviews of projects within the member local government unit boundaries and
applied for and/or initiated by the mem er communities to ensure projects are meeting the
performance standards in the Watershed Management Plan.
7.6 The MSCWMO has the author ty to establish and maintain a wetland enhancement
and replacement fund from funds collected from developers constructing projects having impacts
on wetlands subject to the limitations of the law.
AIITICLE VIII
Duration
8.1 Each member local governmental unit agrees to be bound by the terms of this
agreement until such time as it is dissolved
8.2 This agreement may be terming ed by dissolution pursuant to the procedures set forth
below or by the unanimous consent of the r arties of this agreement.
8.3 Dissolution Any member local governmental unit may petition the board to dissolve
the agreement. Upon thirty (30) days notic in writing of each member local governmental unit,
the board shall hold a hearing and upon a I avorable vote by three - fourths (3/4) of all the eligible
votes of the then existing Board of Managers, the Board may by resolution, recommend that the
Joint Powers Board be dissolved. Notice f such recommendation shall be sent to Washington
County and the Board of Water and Soil Resources as a notice of intent to dissolve, and no
dissolution shall be effective until at least 90 days following such notice. Said resolution shall be
submitted to each member local governmental unit and if ratified by three- fourths (3/4) of the
member local governmental units within ninety (90) days, said board shall dissolve the
MSCWMO allowing a reasonable time to omplete work in progress and to dispose of personal
property owned by the Joint Powers Boar I and/or the MSCWMO, if any. Upon dissolution of
the Joint Powers Board and/or the MSCWI 40, all property of the Joint Powers Board and/or the
MSCWMO shall be sold and the proce ds thereof together with monies on hand shall be
distributed to the member local govenimer tal units of the Joint Powers Board. Such distribution
of the Joint Powers Board and/or the M CWMO assets shall be made in proportion to total
contribution of the Joint Powers Board req fired by the last annual budget.
10 of 15
ARTICLE IX
Effective Date
This agreement shall be in full force and effect upon the filing of the certified copy of the
Resolution approving said agreement by each member local governmental unit.
ARTICLE X
Amendment
The Joint Powers Board and/or the Councils of the member local governmental units may
recommend changes and amendments to this agreement. Such recommendation shall be
forwarded in writing, to all of the Councils of the member local governmental units.
Amendments shall be adopted by three - fourths (3/4) vote of the Councils of the member local
governmental units within ninety (90) days of the referral. However, any amendment which
changes the method of approval for improvements or the financing of the Joint Powers Board
must be unanimously approved.
11 of 15
IN %NTI NESS WHEREOF, the parties hereto haye executed this agreement as of the date of
complete execution of the parties.
CITY OF AFFON
SEAL
Dat_4.6- By: ;n
Mayor
ATTEST,.
City Clerk
CITY OF BAYYO 1'
SEAL
Dated: i - 1 t By:
Mayor
ATTEST:
City Clerk
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SEAL
Dated:, IV
Chairperson
ATTEST:
Town Clerk
12 of 15
CITY OF LAKELAND
SEAL
Dated: By:
Mayor
ATTEST:
City Clerk
CITY OF LAKELAND SHORES
SEAL
Dated: �I S Qy: /
Mayor
ATTE
City Clerk
CITY OF LAKE ST. CROIX REACH
SEAL
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Dated: 21.710
Mayor
ATTEST:
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City Clerk
CITY OF LAKE ST. CROIX BEACH
SEAL By:
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tv Clerk
CITY OF ST. MARY'S POINT
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ATTEST:
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City Clerk
CITY OF STILLWATER
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Appendix D — Stormwater Trunk System Costs
City of Oak Park Heighrs
Local Surface Water Management Plan .#Bonestroo
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Letter of Transmittal
Karen Kill
Browns Creek Watershed District
To: do Washington Conservation District
1380 West Frontage Road, Hwy 36
Stillwater, MN 55082
Date: 611'8168
Project: Oak Park Heights LSWMP
File No: 55 -05141
Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fax 651- 636 -1311
www.bonestroo.com
We are sending you:
® Attached ❑ Under Separate Cover
❑ Shop Drawings ❑ Specifications ❑ Drawings
❑ Copy of Letter ❑ Change order ❑ Samples
El
Copies Description Code
1 May, 2008 Draft Oak Park Heights LSWMP 4
These are transmitted: (See Code)
1. For approval 5. Approved 9. Not reviewed
2. For your use 6. Approved as noted 10.
3. As requested 7. Revise and Resubmit
4. For review and comment 8. Rejected
Ms. Kill,
Please consider June 23, 2008 as the first day of your 60 -day official review. If you have any
questions, please call or email me. My numbers are 651- 604 -4740 and
bob. barth@bonestroo.com We have also transmitted a review copy to Valley Branch
Watershed District, Middle St. Croix WMO, and Metropolitan Council.
Signed: Bob Barth
cc: Eric Johnson, City of Oak Park Heights
Scott Richards, Northwest Associated Consultants
Dennis Postler, Bonestroo
Letter of Transmittal
Valley Branch Watershed District
do Barr Engineering Company
To: 4700 West 77th Street
Minneapolis, MN 55435
Date: 6/18/2008
Project: Oak Park Heights LSWMP
File No: 55 -05141
We are sending you:
® Attached ❑ under Separate Cover
❑ Shop Drawings ❑ Specifications ❑ Drawings
❑ Copy of Letter ❑ Change order ❑ Samples
Copies Description Code
1 May, 2008 Draft Oak Park Heights LSWMP 4
These are transmitted: (See Code)
1. For approval 5. Approved
2. For your use 6. Approved as noted
3, As requested 7. Revise and Resubmit
4, For review and comment 8. Rejected
John,
9, Not reviewed
10.
Please consider June 23, 2008 as the first day of your 60 -day official review. If you have any
questions, please call or email me. My numbers are 651 - 604 -4740 and
bob. barth@bonestroo.com We have also transmitted a review copy to Browns Creek
Watershed District, Middle St. Croix WMO, and Metropolitan Council.
Signed: Bob Barth
cc: Eric Johnson, City of Oak Park Heights
Scott Richards, Northwest Associated Consultants
Dennis Postler, Bonestroo
Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fax 651- 636 -1311
www.bonmtroo.com
Letter of Transmittal
Amy Carolan
Middle St. Croix Watershed Management Organization
To: c/o Washington Conservation District
1380 West Frontage Road, Hwy 36
Stillwater, MN 55082
Date: 6/18/2008 We are sending you:
® Attached ❑ Under Separate Cover
Project: Oak Park Heights LSWMP ❑ Shop Drawings ❑ Specifications ❑ Drawings
❑ Copy of Letter ❑ Change order ❑ Samples
File No: 55 -05141 ❑
Copies Description Code
1 May, 2008 Draft Oak Park Heights LSWMP 4
These are transmitted: (See Code)
1. For approval 5. Approved
2. For your use 6. Approved as noted
3. As requested 7. Revise and Resubmit
4. For review and comment 8. Rejected
9. Not reviewed
10.
Amy,
Please consider June 23, 2008 as the first day of your 50 -day official review. If you have any
questions, please call or email me. My numbers are 651- 604 -4740 and
bob.barth@bonestroo.com We have also transmitted a review copy to Valley Branch
Watershed District, Browns Creek Watershed District, and Metropolitan Council.
Signed: Bob Barth
cc: Eric Johnson, City of Oak Park Heights
Scott Richards, Northwest Associated Consultants
Dennis Postler, Bonestroo
'Ir Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fax 651- 636 -1311
www.bonestroo.com
Letter of Transmittal
Metropolitan Council
To: Environmental Services
390 Robert Street North
St, Paul, MN 55101
Date: 6 -18 -08 We are sending you:
® Attached ❑ Under Separate Cover
Project: Oak Park Heights LSWMP ❑ Shop Drawings ❑ Specifications ❑ Drawings
❑ Copy of Letter ❑ Change order ❑ Samples
File No: 55 -05141 ❑
Copies Description Code
1 May, 2008 Draft Oak Park Heights LSWMP 4
These are transmitted: (See Code)
1. For approval 5. Approved 9. Not reviewed
2. For your use 6. Approved as noted 10.
3. As requested 7. Revise and Resubmit
4. For review and comment 8. Rejected
Judi,
Please consider June 23, 2008 as the first day of your 45 -day official review. If you have any
questions, please call or email me. My numbers are 651- 604 -4740 and
bob.barth@bonestroo.com We have also transmitted a review copy to Browns Creek
Watershed District, Middle St. Croix WMO, and Valley Branch WD.
Signed: Bob Barth
cc: Eric Johnson, City of Oak Park Heights
Scott Richards, Northwest Associated Consultants
Dennis Postler. Bonestroo
Sir Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fax 651- 636 -1311
www.bonestroo.com
Letter of Transmittal
John Freitag
Washington County
To: Department of Public Health and Environment
14949 62 " Street N.
P.O. Box 6
Stillwater. MN 55082
Date: 7/7/2008 We are sending you:
❑ Attached ❑ Under Separate Cover
Project: Oak Park Heights LSWMP ❑ Shop Drawings ❑ Specifications ❑ Drawings
❑ Copy of Letter ❑ Change order ❑ Samples
File No: 55 -05141 ❑
Copies Description Code
1 Oak Park Heights LSWMP 4
These are transmitted: (See Code)
1. For approval 5. Approved
2. For your use 6. Approved as noted
3. As requested 7. Revise and Resubmit
4. For review and comment 8. Rejected
9. Not reviewed
10.
John,
Our Watershed and Metropolitan Council review letters identified June 23, 2008 as the first day
of the review period. Please consider your review period as beginning on July 11, 2008,
Signed: Bob Barth
cc: Eric Johnson, City of Oak Park Heights
Scott Richards, Northwest Associated Consultants
Dennis Postler, Bonestroo
'7� Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fa 651 -636 -1311
www.bonesvoo.com
BROWN ' S 1 H I W FRONTAL E RD
H G H w A v 36
C R E E K S TIESWA 0 8 MZ
WATE R S H E D 1 651.275.1136 X26 [PHONE]
D1STR-1CT1 651.27S.1254 I FAX
WWWBCBCWD.O RG
September 16, 2008
Eric Johnson
Administrator
City of Oak Park Heights
14168 Oak Park Blvd. N.
Oak Park Heights, MN 55082
RE: Review of City of Oak Park Heights Local Surface Water Management Plan
Dear Mr. Johnson:
The Brown's Creek Watershed District would like to thank the City for the opportunity to review its draft
Local Surface Water Management Plan ( LSWMP) and commends the City and its consultants for
developing a plan that addresses the needs of the City while balancing the needs of other regulatory
bodies. The goals and policies in the City's LSWMP will go a long way towards facilitating the
protection of the natural and water resources of the Brown's Creek Watershed District. For example, the
second policy under Section 7.2 Land Development and Redevelopment states that the City will look for
opportunities to retrofit runoff management on redevelopment and reconstruction projects to reduce the
impacts of prior land use change. This is a particularly important policy statement for a city like Oak
Park Heights, which is almost fully developed and has the potential to significantly improve the resources
of the BCWD.
In addition, the goals and policies addressing cooperation and collaboration with the local water
management organizations in an effort to facilitate implementation of the District Rules and Regulations
is a sentiment that is much appreciated.
The BCWD has completed its review of the draft LSWMP in accordance with MN Statute 103B.235,
subdivision 3. After reviewing the LSWMP for consistency with the BCWD Third Generation Watershed
Management Plan (in particular Section VI -2.1) and the requirements of MN Statute 103B.235 and MN
Rule 8410.0170 the District has the following comments. These comments are grouped as General
Comments and Comments Regarding MN Statute 103B.235 and MN Rule 8410.0170. At its September
8, 2008 meeting, the BCWD Board of Managers directed that these comments be forwarded to the City of
Oak Park Heights with a request that the draft LSWMP be revised and submitted for BCWD approval.
General Comments:
1. A portion of the City of Oak Park Heights drains north to Long Lake and on to Brown's Creek.
Both of these water bodies are impaired. Section 2.6 Water Resources of the LSWMP should be
modified to reflect the fact that the southwestern portion of the city drains to these resources. In
MANAGERS:
CRAIG LEIS ER, PRESIDENT • RICK VANZWOL. VICE - PRESIDENT • CONNIE TAILLON, TREASURER
GERALD JOHNSON. SECRETARY • GAIL PUNDSACK MANAGER
addition, there should be a policy statement stating that the City of Oak Park Heights will partner
and collaborate with the Brown's Creek Watershed District to address these TMDLs.
2. Page 20 Section 6.2.5 Consistency — This section should be modified to more clearly articulate
that the BCWD will continue to exercise regulatory, permitting and enforcement authority within
the boundaries of Oak Park Heights.
3. Page 22 Table 6.3 — The language addressing linear projects should be modified to reflect the fact
that the stormwater management standards are not triggered unless the linear project creates an
acre or more of new impervious surface.
4. Page 24 Table 6.3 — The language under Curve Number Specification should be clarified to
reflect the fact that the rules require increasing the curve number on disturbed pervious areas if
they are not amended. If the soils are amended the permit applicant may use the curve number
assigned to the HSG.
5. Page 30 Section 7.2.2 Runoff volume third policy statement reads "The City will encourage the
use of infiltration systems, taking into consideration site limitations such as soil conditions, depth
to groundwater, safety, snow removal, and maintenance issues ". Given that there are portions of
the City with shallow depth to bedrock, it is recommended that this be added to the list of
potential site limitations. In addition, given the BCWD's volume control standard, the District
would like clarification on the inclusion of maintenance as a potential limiting factor for
infiltration practices. The BCWD Rules require a permit applicant to submit a maintenance
declaration for all stotmwater management facilities if Rule 2.0 Stormwater Management is
triggered by development activity.
6. Page 32 Section 7.3 Water Resource Management — The District recommends adding "watershed
district rules and regulations" to the list of regulations that address water resources management.
Page 32 Section 7.3.1 Wetland Management — Please add the following to the second policy
statement which reads "The city requires that, prior to development activities or public projects, a
wetland delineation must be completed, including a field delineation and report detailing the
findings of the delineation ": wetland function and value assessment for all onsite wetlands
pursuant to Minnesota Routine Assessment Method (MnRAM) 3.2 focused on assessing the
groundwater function.
8. Section VI -2 -1 of the BCWD Watershed Management Plan requires the "development of a
maintenance plan specific to facilities present in the municipality (wet ponds, infiltration basins,
raingardens, stormsewer systems, etc.) ". In addition, this same section requires that the LSWMP
"describe the municipality's street sweeping, right -of -way maintenance, road icing, salt storage,
snow plowing and snow storage programs and demonstrate that they will minimi water
resource impacts..." This information has not been provided in the LSWMP.
Comments Regarding Minnesota Statute 103B.235 and Minnesota Rule 8410:
There are no additional comments related to the requirements of Minnesota Statute 103B.235 and
Minnesota Rule 8410.
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Again, the BCWD thanks the City of Oak Park Heights for the opportunity to review and comment on
this draft of the LSWMP. If there are any questions regarding the content of this letter, please feel free to
contact me at (651) 275 -1136.
Sincerely, �J
eo__
Karen Kill
BCWD Administrator
CC: Board of Managers
Bob Barth, Bonestroo
Judy Sventek, Metropolitan Council ES Watershed Coordinator
Amanda Strommer, Washington County Public Health & Environment
FAX: 651- 636 -1311
FAX: 651 -602 -1477
FAX: 651 -430 -6730
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