HomeMy WebLinkAbout2002-03-11 BCWD Meeting Minutes ExcerptMana Leiser moved to approve the amended minutes for Februar 25, 2002, seconded b Mana
Gordon. 410, 1 absent.
Treasurer's Report — Ned Gordon
No pa proposed for this evenin Present. balance is $177,492.05. The final check from DNR
for Natural Resources, Inventor has been received.
Rules/Permits
a) Purcell Pond improvement #02-01 FILE COPY
Mitch Johnson stated that this is a favorable project. He recommended issuin a permit with
some conditions. The recommended permit conditions are silt fence as part of g radin g , and
permit fees. Mitch listed in his memo three areas he recommends some additional actions. The
BCVV-D rules re a 2-foot freeboard. This can be accomplished b raisin the berm
between Paul Ma propert (permit re and his nei to the east. Manager
Gordon moved to L. , d Emprovement) with conditions,. seconded
- u prove Perm i+.02- 01 Purce Pon
by Ma Medin The excess taken out of the pond is to be added to ben-n to increase
hei Motion carried. 410, 1 absent. The memo is to be attached to the permit. There were
two nei present who wanted to g et an understandin of what this project was about.
The were satisfied.
b Oak Park Station— Permit 01-12
Mark Doneux asked the Goldrid Developers to speak first, then Dave Dupa Will Zintl's
representative.
Jean Schuldt. stated-that the.Gold De believe that Oak Park Hei owns the
holdin pond and is therefore able to authorize work within the boundaries. Jean Schuldt
produced an attorne title op reachin this conclusion. She showed a letter from the
Cit of Oak Park Hei g ivin g Goldrid permission to do pond work. Chuck Holtman asked
Jean Schuldt if the title opinion found that the fee interest passed to the Cit throu annexation
as a matter of law or as an actual findin in the annexation authorization. She responded that
the attorne opinion is based on the conclusion that the fee interest passed as a matter of law.
Goldrid Developers A with the Cit of Oak Park Hei g ives them the ri to
excavate the holdin pond.
Dave Dupa representin Will Zintl stated that Mr. Zintl has no objections to the Goldrid
Developers buildin their ro a ds and developin up to 65% impervious. He stated that Mr. Zintl
wants ever in the Kern Center to receive the same treatment and all should be able to
develop if the maintain the 65% without an additional pondin He maintained that Mr. Zintl
owns the propert in q uestion and an easements on the propert are still intact. Mr. Zintl feels
there is an e solution to this problem. Mana Leiser stated that one of the stipulations
of the BCVVD rules states title of propert where construction is bein done should be owned
b the persons doin the construction. He also stated that the BCWD wants to take care of an
water issues for the south side of Hw 36 on the south side, rather than makin the situation of
water levels on Lon Lake becomin an worse. I
Mana Medin asked about the 65% impervious re Dave Dupa stated that in
the past all developers for the Kern Center have been re to maintain 65% impervious
accordin to Ba Township's ordinance, and the existin pond should take care of an
March 11, 2042 Re Meetin Minutes of the BCVVD Board of Mana Pa 2 of 5
water issues if it is maintained. Mana Gordon a with Dave Dupa that this is true.
Mana Gordon expressed concerns with an water crossin under Hw 36 and flowin into
Lon Lake. Mana Freeman stated that he was not full convinced of with the ownership as
laid out b the Goldrid Group but the BCVV`D should be able to issue this permit because the
permit makes clear that it does not relieve the applicant of the need to possess all the 'propert
interests necessar to do the work, there is not a basis to! withhold the permit..
Brad Coats, Goldrid Group asked to sa a few words. Mr. Coats expressed willin to
work with the other businesses alread located in the Kern Center on pond issues. He stated
that this does not extend to startin over with another Developers A Mr. Coats stated
that the Goldrid Group has met all the BCVVD re and this meetin was not about
fee title but about permit approval.
Chuck Holtman stated, in g eneral., even thou propert issues are in dispute but there's
sufficient information basis based on the-title opinion that the applicant hold's the necessar
propert interest when combined with additional conditions in the permit emphasizin that the
permit does not g ive the applicant an propert ri
Jean Schuldt stated that Goldn*d received approval for this work from Valle Branch
Watershed District, and Bonestroo ( the Cit of Oak Park Hei En Mana Leiser
stated that he felt this permit could be issued with stipulations. Man Leiser moved to issue
BCVVD Permit 01-12 with stipulations and t corrections, seconded b Manaaer
Freeman. Chuck Holtman asked who would be responsible for pond maintenance? Jean
Schuldt replied that the pond maintenance is included in their Development A with
Oak- Park Hei Chuck stated that the BCVVD rules 'state that the landowner is re to
maintain the pond. He re an additional Condition, to'the permit to include execution and
recordation of a Maintenance A The Permit will have 2 special conditions and 6
g eneral conditions. Motion Passed. 410, 1 absent.
c) Indian Hills - Pat Conrad
Mark, Pat and Camilla attended a meetin to g o over all the EAW comments on this
development. The developer has actuall taken a few steps further than the BCVV-D had
su There have been some chan to the plan, which appear to offer the protection of
the fens and their water source consistent with BCVVD desires..
d Permit Review — Update
Mitch Johnson reported on the Hw 15 turn lane pro - between 61 and 7. It looks like an
erosion control permit. Chuck Holtman was asked if there is water sittin up a the road,
should there be a stormwater permit? There will be further discussion on this issue.
Watershed Mana Plan — Implementation Activities
a) H & H Update
Mark reported that the Count finished burnin CD's with the 2' topo data and the
photo The photo looks g reat.
b Camilla Correll provided Mark with 18 copies (hardcopies) of the BCWD. Second Generation
Plan to distribute to BWSR, communities and a few committee members. Pat presented his
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