Minutes of Regular Meeting
# 692 Held in the
Lake Elmo City Council Chambers
Thursday, August 14, 2003
| MANAGERS PRESENT: |
Dave Bucheck, President; Lincoln Fetcher, Vice President; Don Scheel, Secretary; Dale Borash, Treasurer; Duane Johnson, Manager |
| MANAGER ABSENT: | None |
| STAFF PRESENT: |
John Hanson, Barr Engineering; Ray Marshall, Attorney; Ray Roemmich, Inspector; Karen Schultz, Recording Secretary |
| STAFF ABSENT: | None |
| OTHERS PRESENT: | Jeff Berg, Washington Conservation District; Chuck Taylor, Citizens Advisory Committee; John Dilingham, Aliant Engineering for Bibeau's Landing Permit; Scott Dudeck, Community Services Director, North St. Paul; Ken Moon, Minnesota Pollution Control Agency; Todd Erickson, Bay Lake Reserve Permit; Richard Welch, Anna's Grove; and a representative from Short, Elliott Hendrickson, Inc. for Richard Laverdiere Permit |
CALL TO ORDER President Bucheck called the meeting to order at 7:05 p.m.
ANNOUNCEMENTS President Bucheck announced that Treasurer Dale Borash=s term will expire on November 13, 2003. He encouraged Treasurer Borash to apply to Washington County for another three-year term.
APPROVAL OF MINUTES After discussion of the minutes of the July 24, 2003 meeting, motion was made by Scheel, seconded by Borash, to approve the minutes as distributed. Motion carried unanimously.
ADDITIONAL AGENDA ITEMS Under Engineer, North St. Paul Silver Lake Bioretention Project Update; West Nile Virus and Stormwater Management; Valley Creek Erosion. Under Managers, Report on Sunnybrook Lake; 2004 Draft Administrative Budget.
PUBLIC FORUM There was no discussion in the Public Forum segment of the meeting.
CITIZENS ADVISORY COMMITTEE REPORT Chuck Taylor had mailed the lake level reports, and discussed them with the managers at the meeting.
SECRETARY=S REPORT Secretary Scheel reported that he had distributed the mail.
INSPECTOR=S REPORT Inspector Roemmich said he had nothing new to report.
ATTORNEY=S REPORT Northbrook Boulevard A representative from the Minnesota Pollution Control Agency(MPCA), Mr. Ken Moon, was present to discuss the Northbrook Boulevard issue. He said that the MPCA has been interacting with the Baytown Township officials for a year and a half on the Northbrook Boulevard issue. A penalty of approximately $2,200 was issued to Baytown Township for its illegal construction activity along Northbrook Boulevard. The township had not applied for a permit for the project.
After determining that a permit was necessary, the township did apply for and receive a permit. Mr. Ken Moon said that at this time the township has met most of the conditions in the MPCA permit, and will send a letter to that effect. President Bucheck suggested that the MPCA add language in the letter to the effect that the permit is approved on the condition that the township satisfy VBWD requirements. Mr. Moon agreed to do this.
Attorney Marshall said he and Engineer Hanson will send a letter to Baytown Township officials outlining the proper action.
Fahlstrom Pond Attorney Marshall reported that the City of Woodbury submitted its comments to the Fahlstrom Pond report in March, but requested additional information. The information requested would be useful, but was not included in the original scope of work in the approved contract. The City of Afton was informed of the request several months ago and reminded a few times over the last several months. Charlie Devine, the Afton Mayor, responded to an e-mail to Engineer Hanson saying he supported the request for additional information. Engineer Hanson had forwarded Mayor Devine=s e-mail to Attorney Wolle for her to determine if that was enough approval to do the additional work. Attorney Wolle and Engineer Hanson discussed the issue. Their recommendation is to send the two cities a cost estimate for the additional work and an addendum to the original contract. An invoice for the work that has been completed should also be sent.
Engineer Hanson had distributed to the managers copies of a memorandum dated August 13, 2003 concerning the additional information requested. After discussion, motion was made by Borash and seconded by Scheel directing Engineer Hanson and Attorney Marshall to draft a response letter to the Cities of Woodbury and Afton indicating the extra costs for additional items for the Fahlstrom Pond study. Motion carried unanimously.
TREASURER=S REPORT Treasurer Borash distributed copies of the draft proposed administrative budget for the managers= review.
ENGINEER=S REPORT Permit Request: Bibeau=s Landing - West Phase, Mahtomedi Engineer Hanson distributed a memorandum in the managers= packet on Permit # 2003-06 for Bibeau=s Landing. This issue has been on the agenda for the last few managers= meetings. The developer wishes to use a provision in the Wetland Conservation Act called Sequencing Flexibility, which allows a relaxation of sequencing and avoidance requirements if it applies. This provision does not apply to this situation, according to a Technical Evaluation Panel (TEP) member.
President Bucheck said the managers need to go with the recommendations of TEP.
Engineer Hanson reviewed the conditions in the permit. After much discussion with the developer=s consultant, motion was made by Bucheck and seconded by Fetcher to approve Permit # 2003-06 with all the conditions listed, as well as requiring the replacement wetland pond to be 3.0:1 times the size of Wetland # 2. Motion carried with vote as follows: Bucheck, Yes; Johnson, Yes; Fetcher, Yes; Scheel, Yes; Borash, No.
Permit Request: Bay Lake Reserve, Revision to Permit 2002-19 This project to develop 28 single-family housing lots, about 0.3 miles of roadway, and five stormwater ponds on an 80-acre site, is located northeast of Norman Avenue and 30th Street, Baytown Township in the SE 1/4 of Section 17, Township 28 North, Range 21 West. Engineer Hanson said this development was approved by the managers on October 10, 2002. Since then, the developer has studied the 100-year flood level of Bay Lake, and the VBWD Board approved a lower 100-year flood level earlier this year. The developer has now re-designed the subdivision with lower minimum floor elevations.
After discussion of the water management concerns, the wetland concerns, groundwater concerns, and the erosion control concerns, motion was made by Fetcher and seconded by Borash to approve the revision of Permit 2002-19 with the engineer=s suggested site specific conditions and standard conditions. Motion carried unanimously.
CHANGE IN ORDER OF AGENDA ITEMS At this time President Bucheck authorized a change in the order of the agenda items.
Permit Request: Richard Laverdiere Pond (Elvig Addition) - Afton This project to construct ponds on the homeowner=s lot is located at 1824 Oelvig Court (Lot 2 of the Elvig Addition) in Afton, in the SE 1/4 of the SW 1/4, Section 9, Township 28 North, Range 20 West. Engineer Hanson said the Elvig Addition received an after-the-fact permit from the VBWD in 1998. The development includes a semi-dry pond to manage the runoff from the site. Runoff from most of the site eventually drains to this pond and to the northeast into a stream that is downstream of Lake Edith and flows to the North Branch of Valley Creek.
The property owner of Lot 2 of the subdivision wants to construct a two-cell pond. Both cells of the pond will have a maximum depth of three feet. The pond is not needed to conform to VBWD rules, because the larger pond constructed with the development was designed to manage the runoff from the entire site under fully-developed conditions. However, the ponds that the homeowner is proposing will further reduce the rate of runoff, provide some water quality treatment, and possibly reduce the volume of runoff by encouraging infiltration. Because the ponds are small, they probably will not significantly increase the temperature of the runoff, which is a concern for Valley Creek to sustain its trout population.
After discussion of the water management concerns, and the erosion control concerns, motion was made by Scheel and seconded by Borash that a permit is not necessary because of the previous approval of this development. Motion carried unanimously.
North St. Paul Silver Lake Bioretention Project Mr. Scott Dudeck, Community Services Manager, City of North St. Paul, was present to discuss the City=s concern about the condition of the bioretention pond near Silver Lake. The pond is a project established by the VBWD and the City of North St. Paul. He said the 9,000 plants used in the bioretention pond are very small, and the City=s concern is that they may not survive to accomplish their purpose. Vice President Fetcher had pictures of the bioretention pond; the managers commented that the pond looked very good at this stage, and that it will take time.
Mr. Scott Dudeck said there is also concern regarding the mulch and the soils conditions.
Mr. Scott Dudeck asked if the managers would consider paying half of the cost of a temporary fence, to keep the neighborhood kids from riding bicycles through the pond.
President Bucheck advised Mr. Dudeck that the project will take time, and to give it a chance to grow. He directed Engineer Hanson to draft a letter of response to the City of North St. Paul, commenting upon the items in discussion at this meeting.
Mr. Scott Dudeck said he would like the managers to verify their position with the soil conditions and that if the project fails, he will return to discuss it with the managers.
Permit Request: City Walk, Woodbury Engineer Hanson presented information on a project located southeast of Woodbury Drive and Hudson Road in Woodbury, in part of the W 2 of Section 2, Township 28 North, Range 21 West. The purpose of the project is to construct mixed-use development.
Most of the site drains to the South Washington Watershed District (SWWD). Only the northeastern portion of the site drains to the VBWD. Under proposed conditions, even less of the site will drain to the VBWD. The land proposed to drain to the VBWD will be the entrance road from Lake View Drive and the backs of three proposed affordable housing complexes and two proposed commercial buildings.
After discussion of the water management concerns, the wetland concerns, groundwater concerns, and erosion control concerns, motion was made by Fetcher and seconded by Borash to approve Permit # 2003-12 with the engineer=s suggested site specific conditions and standard conditions. Motion carried unanimously.
MANAGERS= REPORT Anna=s Grove Discussion - Resident, Richard Welch Mr. Richard Welch, a resident of the Anna=s Grove development, distributed to each manager a summary of past activities concerning the Anna=s Grove development in the City of Oakdale, and the flooding of Eagle Point Creek, which runs through the development and causes erosion affecting the Anna=s Grove property owners.
In the summary papers was information about the proposed development of the 60-acre Raleigh property, located near Hwy. 5 and Ideal Avenue, south of the Imation Company.
Mr. Welch asked for a calculation of the flow rate based on an 8-inch rainfall over an 8-hour period. The current peak flow rate is based on a 6-inch rainfall in a 24-hour time period. Mr. Welch indicated that three such rainfalls have occurred this year in different areas of Minnesota.
Mr. Welch also asked for permission from the managers to clean up Anna=s Grove Pond. President Bucheck said the managers didn=t have any objection to the residents removing the debris from the pond, as long as they do not dig in the wetland.
After Mr. Welch=s presentation, President Bucheck stated that the erosion in Anna=s Grove development has been a problem for a long time, and that the managers will review the original plans for the development to see what has gone wrong. President Bucheck directed Engineer Hanson to make a calculation of the flow rate based on an 8-inch rainfall over an 8-hour time period.
The managers thanked Mr. Welch for taking the time to put together the information and for the presentation for the managers. President Bucheck told Mr. Welch that the managers will be in touch with him regarding the issue.
ENGINEER=S REPORT(Cont.) 50th Street & Hill Trail Reconstruction, Lake Elmo, Permit # 2003-15
Engineer Hanson described a project located at Hill Trail and 50th Street North, east of DeMontreville Trail within the City of Lake Elmo in the SW 1/4 of the SW 1/4, Section 4, SE 1/4 of the SE 1/4, Section 5, NW 1/4 of the NW 1/4, Section 9, Township 29 North, Range 21 West. The purpose of the project is to reconstruct the roads, install additional culverts, and construct a small stormwater pond.
The City of Lake Elmo plans to reconstruct the roads to the same width, but will be constructed with bituminous curbing along parts of the roads. Catch basins and culverts will be added.
After discussion of the water management concerns, the wetland concerns, and erosion control concerns, motion was made by Scheel and seconded by Borash to approve Permit # 2003-15 with the engineer=s suggested site specific conditions and standard conditions. Motion carried unanimously.
Permit Request: Carriage Station Park and Ridge Park - Lake Elmo Engineer Hanson described a project located within the Carriage Station development, southwest of Marquess Trail and Highway 5. The proposed Ridge Park is within the Parkview Estates development, northeast of Ivory Avenue North and Inwood Avenue North. The purpose of the project is to construct city parks.
Carriage Station Park is proposed in the large low area along Highway 5, just south of the entrance into the development. The area was over excavated during the construction of the development. The plans for the area approved by the VBWD (Permit # 2000-08) showed a stormwater pond. The City plans to re-define the area with 8-foot wide and 6-foot wide bituminous trails, plantings, and an overlook plaza with a fountain.
After discussion of the water management concerns, motion was made by Fetcher and seconded by Scheel to approve Permit # 2003-14 with the engineer=s suggested site specific conditions and standard conditions. Motion carried unanimously.
DNR General Permit Engineer Hanson said this item is not yet ready to be discussed.
Digital Camera At the last meeting the managers directed Engineer Hanson to check on the prices and features of digital cameras for the District=s inspector to use in his work. Engineer Hanson had mailed a list of digital cameras with prices and descriptions. After discussion, motion was made by Scheel and seconded by Borash to spend $250 for a Nikon-Coolpix 2100 2.0 MP Digital Camera. Motion carried unanimously.
Fields of St. Croix I and II Neighborhood Meeting Summary Engineer Hanson said he did make a presentation to the residents of the Fields of St. Croix developments on August 7th. The small group had several questions about vegetation management, runoff management, water quality, and groundwater. Engineer Hanson said the residents have a concern about a gully erosion problem. Inspector Roemmich will visit the site and make a list of items that should be addressed by the developer.
2005-2015 Watershed Management Plan Workshop 4A The managers had tentatively scheduled a workshop for August 28th, before the next meeting, but now agreed to postpone it to another date.
July 2002-June 2003 Valley Creek Data Report Because of the late hour, the managers chose not to discuss the Valley Creek Data Report at this meeting.
Downs Lake Project Update Engineer Hanson reported that the Downs Lake project work is complete. After discussion of the project, Engineer Hanson recommended that the retainage fee be returned, and that the final payment be made. Motion was made by Bucheck and seconded by Borash to make the final payment of $14,550.40 for the Downs Lake Flood Duration Reduction project to F.F. Jedlicki, Inc., the contractor for the project. Motion carried unanimously.
West Nile Virus and Stormwater Ponds Engineer Hanson had mailed a report on the West Nile Virus and Stormwater Management prepared by the Ramsey-Washington Metro Watershed District. The managers agreed not to discuss it because of the late hour.
Valley Creek Erosion Jeff Berg, Washington Conservation District, distributed copies of a memorandum on the Valley Creek Subwatershed Erosion Issues, for discussion at the next meeting.
MANAGERS= REPORT (Continued) Next Meeting - August 28, 2003 The managers expect to have a quorum at the next meeting.
Report on Sunnybrook Lake Issue President Bucheck reported that he and Secretary Scheel had met with Mike Regan to discuss the Sunnybrook Lake issue. President Bucheck said that Mike Regan, for economic reasons, does not plan to construct a new golf course. Mike Regan said he would like to do smaller projects, but rules and regulations would not accommodate.
2004 Draft Administrative Budget Treasurer Borash distributed copies of a draft of the 2004 Administrative Budget. The managers discussed the draft and made some changes. Motion by Bucheck and seconded by Borash to direct Attorney Marshall to publish the 2004 administrative budget with the proposed figures, and to hold the budget hearing at 8:00 p.m. on September 11, 2003. Motion carried unanimously.
ADJOURNMENT Motion made by Borash and seconded by Scheel at 10:15 p.m. to adjourn the meeting. Motion carried unanimously.
Immediately following the meeting, the managers, the attorney, and engineer held an Executive Session to discuss the Sunnybrook Lake easements.
Respectfully Submitted,
Donald Scheel, Secretary
Minutes Approved by Managers 08/28/03