Minutes of Regular Meeting
# 703 Held in the
Lake Elmo City Council Chambers
Thursday, March 25, 2004
MANAGERS PRESENT: Dave Bucheck, President; Lincoln Fetcher, Vice President; Don Scheel, Secretary; and Dale Borash, Treasurer
MANAGER ABSENT: Duane Johnson, Manager
STAFF PRESENT: John Hanson, Barr Engineering; Ray Marshall, Attorney; Ray Roemmich, Inspector; and Karen Schultz, Recording Secretary
STAFF ABSENT: None
OTHERS PRESENT: Bridget Rief, Metropolitan Airports Commission; Clark Wicklund, Alliant Engineering
CALL TO ORDER President Bucheck called the meeting to order at 7:03 p.m.
ANNOUNCEMENTS There were no announcements.
APPROVAL OF MINUTES After discussion of the minutes of the February 12, 2004 meeting, motion was made by Borash, seconded by Fetcher, to approve the minutes as amended. Motion carried unanimously.
ADDITIONAL AGENDA ITEMS There were no additional agenda items.
PUBLIC FORUM There was no discussion in the public forum segment of the meeting.
Washington County 2004 Work Plan to Implement County Groundwater Plan A Washington County representative was scheduled to speak to the managers at their March 11th meeting, about the Washington County 2004 Groundwater Plan, but that meeting was cancelled. She wasn=t able to attend the March 25th meeting, so she mailed a packet of information to Engineer Hanson, and he included it in the managers= meeting packets. Comments from the managers are due on March 26th. The managers discussed the draft 2004 groundwater work plan, and agreed that some of the time line commitments expected by the managers could not be met, but that some could.
SECRETARY=S REPORT Secretary Scheel reported that he had distributed the mail.
INSPECTOR=S REPORT Inspector Roemmich said there was nothing new to report since the last meeting.
ATTORNEY=S REPORT Attorney Marshall said he had nothing to report.
TREASURER=S REPORT Treasurer Borash distributed copies of two Administrative and Program Budgets - one for Fiscal Year 2004 dated 02/29/2004, and one for Fiscal Year 2003 dated 12/31/03-Unaudited. He also distributed the Treasurer=s Report dated March 11, 2004. After discussion, motion was made by Borash and seconded by Fetcher to approve the Administrative and Program Budget for Fiscal Year 2003 dated 12/31/03-Unaudited. Motion carried unanimously.
Nancy Martinson from HLB Tautges Redpath, Ltd., was present to answer any questions the managers may have.
After discussion, motion was made by Borash and seconded by Scheel to approve the Administrative and Program Budget for Fiscal Year 2004 dated 02/29/04, and the Treasurer=s Report dated March 11, 2004, to include two checks to be paid to Washington Conservation District for $595.32, and to HLB Tautges Redpath, Ltd for $520.00. Motion carried unanimously.
Treasurer Borash asked the managers and staff to submit their per diems and invoices and expenses at the next meeting.
CHANGE IN ORDER OF AGENDA ITEMS At this time President Bucheck authorized a change in the order of agenda items.
ENGINEER=S REPORT Recommendations of Approval for No-Loss Wetland Determinations - Fencing at Lake Elmo Airport, Baytown Township Engineer Hanson described a project by the Metropolitan Airports Commission (MAC) to place security fencing at the Lake Elmo Airport. Bridget Rief, Airside Project Manager with MAC, was present to discuss the project, which includes installation of security fence and the removal of some existing barbed wire fence. The project will be completed in phases. In order to utilize federal funding available at this time, partial fencing will be started now, and the project will be completed in 2004. The managers questioned the security of the airport with only partial fencing. Ms. Rief assured the managers that the project will provide a significant amount of fencing. After discussion, motion was made by Borash and seconded by Scheel to approve the 2003/2004 Security Fencing, MAC Contract No. 111-3-008 permit. Motion carried unanimously.
Vice President Fetcher asked Ms. Rief about future projects, such as runway extensions and a new runway, and whether the VBWD will be consulted, considering the increased impervious areas. Ms Rief answered that the next project will be expansion of building area, which will require a federal environmental assessment. That will necessitate involvement of the VBWD. She said currently there are no funds to implement a new runway, or the relocation of runways.
Bibeau=s Landing - West Phase, Permit 2004-04 Engineer Hanson presented information on a project located northeast of Century Avenue and Long Lake Road (Lots 3 and 4 of Northeast Metro Business Park), Mahtomedi in the SW 1/4 of Section 31, Township 30 North, Range 21 West. The purpose of the project is to construct six office condominium buildings, associated parking lots, two stormwater management plans, and a wetland replacement site for wetland areas being filled because of the project. Clark Wicklund, Alliant Engineering, was available to discuss the permit with the managers.
The managers had approved Permit 2003-06 for this site on August 18, 2003, and approved an amendment to the permit on September 5, 2003. According to the developer=s engineer, the plans have now been revised Adue to market demands not anticipated by the Developer@. The latest plans show six buildings and 223 parking stalls. The previously approved plans had five buildings and 242 parking stalls.
After discussion of the water management concerns, the wetland concerns, and the erosion control concerns, motion was made by Borash and seconded by Fetcher, to approve Permit # 2004-04, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.
Clark Wicklund asked the managers for an accounting of the $6,500 that has been charged to the developer to balance the escrow account for the project. Engineer Hanson commented that the escrow submitted for the project has been used for the reviewing of the project. The managers asked Engineer Hanson to provide this information.
Mills Fleet Farm, Oakdale - Permit 2004-02 Engineer Hanson described a project located at 5501 Hadley Avenue North in the NE 1/4 of Section 6, Township 29 North, Range 21 West. The purpose of the project is to restore wetland after containing a petroleum leak.
This application is for an after-the-fact Wetland Conservation Act (WCA) Certificate of No-Loss. There was an underground petroleum leak at the Mills Fleet Farm gas station in late September 2003 that seeped out into an adjacent wetland. The direct clean-up of the site included removal of 12 to 18 inches of contaminated sediment over an area of approximately 7,100 square feet within the wetland. Restoration of the site has been partially completed and the remaining restoration will be completed in spring 2004.
Mills Fleet Farm has entered into a Stipulation Agreement and Restoration Plan with the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources who are acting as trustees for a Natural Resources Damage Assessment claim in accordance with the requirements of the Oil Pollution Act of 1990. As part of that Agreement, the applicant has purchased wetland bank credits from a wetland bank within the Valley Branch Watershed District in an amount equivalent to the area directly impacted.
After discussion of the water management concerns, the wetland management concerns, and the erosion control concerns, motion was made by Borash and seconded by Scheel, to approve Permit # 2004-02, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.
Permit Request: Raleigh Boat Launch Repair, Lake Elmo Engineer Hanson presented information on a project located at 2737 Lake Elmo Avenue, Lake Elmo, in the NW 1/4 of Section 24, Township 29 North, Range 21 West. The project purpose is to overlay, or tear out and re-pave the existing boat ramp on Lake Elmo.
The permit applicants would like to repair an existing 15-foot wide by 70-foot long asphalt boat launch. The repair work may involve removing the existing pavement and replacing it or just overlaying the existing pavement. The applicants say the paved area will not be made any larger than the current area. Some of the work is proposed within the 100-year floodplain of Lake Elmo. If an asphalt overlay is done, a minor amount of fill will be placed within the floodplain. If the existing pavement is removed and replaced, it is unlikely there will be any net amount of fill placed within the floodplain.
The managers discussed requiring the applicant to build the boat ramp with concrete, instead of bituminous, because oil will leak through the bituminous-built boat ramp. Attorney Marshall advised the managers to suggest the idea, instead of requiring it, in the engineer=s conditions and to explain the reason for the suggestion.
After discussion of the water management concerns, the erosion control concerns, motion was made by Borash and seconded by Fetcher, to approve Permit # 2004-03, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.
Draft Response to Norman Dupre As directed by the managers at the last meeting, Engineer Hanson had mailed to the managers, a draft response to a letter that the managers had received from Norman Dupre concerning the escrow balance of the Bay Lake Reserve project. The managers approved the draft letter, with a minor change, and asked Engineer Hanson to finalize the letter for President Bucheck=s signature.
2005-2015 Watershed Management Plan The managers and Engineer Hanson discussed the draft of the 2005-2015 Watershed Management Plan, and decided to hold a workshop beginning at 5:30 p.m. on April 8th, before the next meeting. The managers will begin the workshop at 5:30 p.m., break for the regular meeting at 7:00 p.m., and the NPDES Hearing at 8:00 p.m., then return to the workshop after the hearing and meeting end. In the discussion, the managers agreed that the final draft of the Plan should be put on the web site instead of mailed to the entities involved.
NPDES Phase 2 Public Meeting At the last meeting, which was held February 12, 2004, the managers agreed to hold a public hearing on the Stormwater Pollution Prevention Plan (SWPPP) on March 11, 2004, during the managers= regular meeting. That managers= meeting was cancelled, and the public hearing was postponed to April 8, 2004. Engineer Hanson said that Attorney Wolle has implemented the required two-week notice of public hearing.
Update on Project 1007 Maintenance Work Engineer Hanson reported that the contractor, F.F. Jedlicki, plans to begin the maintenance work on Project 1007 in the first week of April. He also said he has communicated with the various entities regarding permits for the work, and the only permit necessary will be from the City of Lake Elmo. He will also be contacting various property owners living in the area of the work.
Valley Creek Community EAW, Afton VBWD had received an Environmental Assessment Worksheet (EAW) for the Valley Creek Community Subdivision in the City of Afton. The VBWD needs to comment on the EAW. The EAW had been requested by the City of Afton. Engineer Hanson had prepared a draft letter of comments. At this meeting, the managers reviewed the draft letter and the EAW and discussed the contents with Engineer Hanson. A permit will be required from the VBWD for the proposed project. The managers approved the letter and directed Engineer Hanson to forward the letter to the Afton City Planner.
Citizen-Assisted Monitoring Program Update Engineer Hanson distributed copies of a list of the persons who will monitor the lakes this summer in the Citizen-Assisted Monitoring Program. He also reported that a few of those volunteers came fora training session at 6:00 p.m. before the managers= meeting began. No volunteer for Horseshoe Lake has been found. Engineer Hanson said that Barr Engineering could do the monitoring of Horseshoe Lake if no one else could be found. The managers agreed that Barr Engineering should do the sampling of Horseshoe Lake if no one else can be found to do it.
Sunnybrook Lake Water Quality Meeting Update Engineer Hanson said the residents of Sunnybrook Lake had a neighborhood meeting on March 10th to talk about the water quality of Sunnybrook Lake. Jeff Lee, Barr Engineering, attended the meeting. At the meeting the residents asked if the VBWD would conduct macrophyte surveys of Sunnybrook Lake, and also whether the VBWD would provide a cost-share program with the residents, to have vegetative buffers installed around the lake. The managers agreed that the macrophyte surveys could be provided. The managers asked Engineer Hanson to contact Jeff Berg, of the Washington Conservation District, to discuss a buffer cost-share program and whether one should be put to use now or after a flood level control project is implemented.
VBWD Pump Repair Engineer Hanson said that Mike Regan, manager of the Indian Hills Golf Course, has asked for permission to have the electrical lines to the VBWD pump repaired. Last year the high water at Keats Pond shorted out the electrical line from the power pole to the VBWD pump. Because it is between the meter box and the pump, it is not Xcel Energy=s responsibility. After discussion, motion was made by Fetcher and seconded by Borash to direct Engineer Hanson to determine the price of the repair, and to have it repaired if it is less than $2,000. Motion carried unanimously.
MANAGERS= REPORT Next Meeting - April 8, 2004 The managers expect a quorum to be present on April 8th. The managers will hold a workshop beginning at 5:30 p.m to discuss the 2005-2015 Watershed Management Plan. At 8:00 p.m. the managers will hold a public hearing on the NPDES Phase II Stormwater Pollution Prevention Plan.
Sunnybrook Lake President Bucheck said he had met with the Browns Creek Watershed District president, and Vice President Fetcher said he had met with the Grant City Council. Both had sent written reports to the managers and staff. The managers had a lengthy discussion on the Sunnybrook Lake issue. Treasurer Borash began a discussion of Project 1008. He suggested adding Project 1008, as a fall-back project in the Water Management Plan. Project 1008 is the plan to pipe the water south and eventually to the St. Croix River. The managers did not agree with this idea. The next action will be a presentation by Vice President Fetcher and Engineer Hanson to the Browns Creed Watershed District at their April 12th meeting.
2003 Annual Report The recording secretary distributed copies of the second draft of the managers= section of the 2003 annual report. Engineer Hanson had delivered the engineering section of the 2003 annual report earlier. The managers will review the managers= section and make changes and corrections.
ADJOURNMENT Motion made by Borash and seconded by Fetcher at 10:10 p.m. to adjourn the meeting. Motion carried unanimously.
Respectfully Submitted,
Donald Scheel, Secretary
Minutes Approved by Managers 04/08/04