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Minutes of Regular Meeting # 709 Held in the Lake Elmo City Council Chambers
Thursday, June 24, 2004

MANAGERS PRESENT: Lincoln Fetcher, Vice President; Don Scheel, Secretary; Dale Borash, Treasurer

MANAGERS ABSENT: Dave Bucheck, President; and Duane Johnson, Manager

STAFF PRESENT: John Hanson, Barr Engineering; Barb Wolle, Attorney; Ray Roemmich, Inspecctor; and Karen Schultz, Recording Secretary

STAFF ABSENT: None

OTHERS PRESENT: Tim Freeman, Magler Addition, Permit 2004-18; Richard and Nancy Magler, Permit 2004-18; Jeff Berg, Washington Conservation District; Richard Welch and another resident in Anna's Grove

CALL TO ORDER Vice President Fetcher called the meeting to order at 7:06 p.m.

ANNOUNCEMENTS There were no announcements.

APPROVAL OF MINUTES After discussion of the minutes of the June 10, 2004 meeting, motion was made by Scheel and seconded by Borash, to approve the minutes as amended. Motion carried unanimously.

ADDITIONAL AGENDA ITEMS Additional items on the agenda: Under Engineer: 2005-15 Water Management Plan; Permit Fee Schedule; and under Managers: Richard Welch, Anna=s Grove.

PUBLIC FORUM There was no discussion in the public forum segment of the meeting.

SECRETARY=S REPORT Secretary Scheel reported that he had distributed the mail.

INSPECTOR=S REPORT Inspector Roemmich reported that when he needs to contact the responsible person about a project that has been permitted by VBWD, it is difficult to do when the property has changed ownership. He specifically mentioned the permits issued to Mendota Homes in White Bear Lake. Attorney Wolle said the original owner who was issued the permit is the responsible party. The managers directed Attorney Wolle to contact Mendota Homes by letter, informing them of their responsibility for any conditions stipulated in the permit and that VBWD permits are not transferrable, and to copy Inspector Roemmich on the letter.

ATTORNEY=S REPORT Attorney Wolle said she had nothing new to report.

TREASURER=S REPORT Treasurer Borash distributed copies of the Administrative and Program Budgets for Fiscal Year 2004 dated June 30, 2004, and the Treasurer=s Report dated June 24, 2004. After discussion, motion was made by Borash and seconded by Scheel to approve the Treasurer=s Report. Motion carried unanimously.

Treasurer Borash asked the managers and staff to submit their per diem and expense reports at the next meeting.

Motion was made by Fetcher and seconded by Borash to approve the Annual Audit Report, and asked Treasurer Borash to relay that information to the auditor. Motion carried unanimously.

WASHINGTON CONSERVATION DISTRICT Jeff Berg said there was nothing new to report.

ENGINEER=S REPORT Magler Addition, West Lakeland Township Engineer Hanson presented information on a project located north of 20th Street North and about 1/4 mile east of Neal Avenue, West Lakeland Township in the South 2 of Section 20, Township 29 North, Range 21 West.

The purpose of the project is to construct six single-family homes on 2.5-acre lots (leaving one 3.8-acre lot for an existing homestead), about 960 feet of roadway, about 460 feet of storm sewer, and two stormwater runoff management ponds.

After discussion of the drainage patterns and water management concerns, the wetland concerns, and the erosion control concerns, motion was made by Borash and seconded by Scheel, to approve Permit # 2004-18, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.

Permit Request: Washington County Culvert Replacement, West Lakeland and Lake Elmo Engineer Hanson described projects for culvert replacement located near 764 Neal Avenue North (CR 71), West Lakeland Township; and near 7898, 7848, and 7920 DeMontreville Trail (CR 13B), Lake Elmo. Washington County is replacing existing culverts with equal or near equal sized culverts.

After discussion of the drainage patterns and water management concerns, the wetland concerns, and the erosion control concerns, motion was made by Borash and seconded by Scheel, to approve Permits # 2004-07, 2004-08, 2004-09, and 2004-10, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.

Washington County Request: South Fork Raleigh Creek Erosion Stabilization & Anna=s Grove Residents= Request: North Fork Raleigh Creek Erosion Stabilization Engineer Hanson reported that he had been requested by Washington County and the City of Lake Elmo to investigate an erosion problem south of Stillwater Boulevard (CSAH 6) and between the Helmo/Ideal Avenue (CSAH 13) intersection and Inwood Avenue (CASH 13). He said the County requested advice on how to stabilize the area. Engineer Hanson was also requested by the City of Oakdale Engineer to investigate an erosion issue within Anna=s Grove.

He had mailed pictures of the erosion sites to the managers before the meeting. A resident in Anna=s Grove has mowed the grass right up to Raleigh Creek instead of leaving the required 16.5 foot buffer.

Engineer Hanson asked the managers for authorization to complete any further evaluation and possible stabilization measures of the areas.

In discussion of the cost of stabilization measures, motion was made by Borash and seconded by Fetcher to 1) direct Engineer Hanson to draft a letter from the Board of Managers to the Cities of Lake Elmo and Oakdale, and Washington County, stating: ABased on their inquiries and concerns to Engineer Hanson regarding the erosion in several locations on Raleigh Creek, VBWD was directing Engineer Hanson and Barr Engineering to proceed with an investigation of the erosion problems and causes, and to propose solutions. This will be done with the expectation that the three governmental units and VBWD, having shared concerns about the problems, will share in the problem-solving and implementation of solutions through funding or joint efforts; 2) To direct Engineer Hanson to draft a second letter from the Managers to the landowner in Anna=s Grove where one of the erosion areas is located, informing her of the investigation and problem-solving efforts being undertaken by the VBWD, and to inform her of the 16.5 foot natural vegetation buffer requirements along Raleigh Creek, per VBWD rules, and to include an information pamphlet on erosion; 3) To direct Engineer Hanson to begin the investigation. Motion carried unanimously.

2005-15 Water Management Plan Engineer Hanson distributed to the managers certain sections of the draft 2005-15 Water Management Plan. He asked them to review the sections to discuss them at an upcoming meeting. In discussion of the review, Vice President Fetcher said he will e-mail the managers asking them which sections they prefer to review, so that they can divide all the sections of the Plan for review.

Richard Welch - Anna=s Grove Issues Richard Welch was present to discuss the water flow from the Raleigh property through a culvert under Ideal Avenue and ending up in a pond behind the Animal Hospital. He used photos in his discussion to show the effects of the rainfall that has occurred in the last few weeks. He told the managers that he thinks there have been several modifications to the proposed project on the Raleigh Property.

Vice President Fetcher thanked Mr. Welch for the information and said it will be useful to the managers.

MANAGERS= REPORT Next Meeting - July 8, 2004 The managers expect a quorum to be present on July 8th.

Sunnybrook Lake Attorney Wolle distributed information to the managers on the contract for the easement that the District would like to obtain from Mike Regan. She said the managers should review it for discussion at the next meeting. President Bucheck has received a copy, also.

2003 Annual Report The recording secretary had mailed to the managers, the 2004 Proposed Budget page of the 2003 Annual Report. The managers approved the page, and motion was made by Scheel and seconded by Borash to approve the 2003 Annual Report and to direct the Recording Secretary to assemble the report and get copies made. Motion carried unanimously.

Permit Fees and Cash Sureties At the last meeting the managers directed Engineer Hanson to check 10 more permits, including several with wetland impacts, that have been issued in the past, to see if the fees and cash sureties have been sufficient.

At this meeting, in discussing the information on the fees and cash sureties of the 10 permits, Treasurer Borash said the permit fees and cash sureties obviously need to be increased.

Motion was made by Borash and seconded by Scheel that the VBWD should approve the proposed fee schedule documented in Table A of the June 21, 2004 memorandum from Barr Engineering, and to put into effect at the earliest possible date, pending clarification of legal requirements by legal counsel. Motion carried unanimously.

In discussion, motion was made by Borash and seconded by Fetcher that the new permit fee will not affect any new permit application for which the fees have been already submitted. Motion carried unanimously.

Silver Lake Bioretention Project Vice President Fetcher said he and Engineer Hanson met with the North St. Paul staff concerning the bioretention project on Silver Lake. He said Engineer Hanson will provide a plan for modifying the bioretention project and submit it at the next meeting. Vice President Fetcher said he will attend a North St. Paul City Council meeting in the near future.

ADJOURNMENT Motion made by Borash and seconded by Scheel at 9:55 p.m. to adjourn the meeting. Motion carried unanimously.

 

Respectfully Submitted,

Donald Scheel, Secretary

Minutes Approved by Managers 07/22/04