Valley Branch Watershed District

Minutes of Regular Meeting # 748 Held in the Lake Elmo City Council Chambers
Thursday, April 13, 2006

MANAGERS PRESENT: Lincoln Fetcher, President; Dave Bucheck, Vice President; Don Scheel, Secretary; Dale Borash, Treasurer; Duane Johnson, Manager

MANAGERS ABSENT: None

STAFF PRESENT: John Hanson, Barr Engineering; Ray Marshall, Attorney; Ray Roemmich, Inspector; and Karen Schultz, Recording Secretary

STAFF ABSENT: None

OTHERS PRESENT: Michael Graham, GES, Inc., and Troy Livgard, James R. Hill, Inc., Ledgestone Project; Brian Buchmayer, Friends of Long Lake; and Dr. Michael Manthei, Silver Lake Improvement Association, Inc.

CALL TO ORDER President Fetcher called the meeting to order at 7:07 p.m.

ANNOUNCEMENTS There were no announcements.

APPROVAL OF MINUTES After discussion of the minutes of the March 23, 2006 meeting, motion was made by Bucheck and seconded by Johnson to approve the minutes as corrected. Motion carried unanimously.

ADDITIONAL AGENDA ITEMS Added to the agenda under Managers, was ARezoning in West Lakeland@.

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

SECRETARY=S REPORT Secretary Scheel reported that the mail has been distributed.

INSPECTOR=S REPORT Inspector Roemmich reported on inspections he has made since the last meeting.

ATTORNEY=S REPORT Attorney Marshall said there are no additional items to report.

TREASURER=S REPORT The Treasurer=s Report will be made at the second meeting in April.

ENGINEER=S REPORT Permit Request: Ledgestone, Mahtomedi Engineer Hanson presented information on a permit request for a project located north of Long Lake Road, approximately 0.2 miles east of Century Avenue, Mahtomedi, in the SW 1/4 of the SW 1/4 of Section 31, Township 30 North, Range 21 West.

The purpose of the project is to construct 67 town homes, about 3,300 feet of roadway, several thousand feet of concrete sidewalks and asphalt trails, one rainwater garden, and one stormwater pond.

After discussion of the water management concerns and the erosion control concerns, motion was made by Bucheck and seconded by Borash, to approve Permit # 2006-03, with the engineer=s suggested site-specific conditions and standard conditions. Motion carried unanimously.

CHANGE IN ORDER OF AGENDA ITEMS At this time President Fetcher authorized a change in the order of agenda items.

Silver Lake Aquatic Plant Management Dr. Michael Manthei was present to discuss the aquatic plant situation in Silver Lake. Brian Buchmayer was also present as an interested resident living on Long Lake. Dr. Manthei is concerned with the progress of the clean-up of Silver Lake. The managers assured him that they feel that the study of Silver Lake, which is required by the MnDNR, is necessary before any treatment can be done.

Permit Request: Bituminous Paving of Gravel Roads, Afton Engineer Hanson presented information on a permit request for a project to resurface approximately 16 miles of gravel roads in the City of Afton, replace 62 corrugated metal pipes, four concrete structures, and one stone arch structure. The project is located in several sections within Township 28 North, Range 20 West.

Engineer Hanson said that one of the roads proposed to be paved is Trading Post Trail. A series of culverts near the Trading Post Trail and 30^th Street intersection will need stabilization before the paving, and the City of Afton has funds to replace only one of the three culverts. Engineer Hanson reported that the City of Afton might be able to install a culvert system that would cause less erosion at the same time they pave the road, if VBWD would agree to pay for the change. The managers directed Engineer Hanson to get a cost estimate for the stabilization of Trading Post Trail. After discussion of the water management concerns, the erosion control concerns, and the wetland management concerns, motion was made by Fetcher and seconded by Borash, to approve Permit # 2006-04, and to include a formal request to the City of Afton to partner with VBWD to develop a proper drainage solution for Trading Post Trail and 30^th Street South; and to strike Condition # 2 in the engineer=s suggested site-specific conditions. Motion carried unanimously.

Permit Renewal Request: Washington County Culverts, Lake Elmo Engineer Hanson presented information on a permit renewal request for Washington County Culvert Replacement, Re-Issue of Permits 2004-8, 2004-9, and 2004-10 located near 7898, 7848, and 7920 DeMontreville Trail (CR 13B), Lake Elmo, in the NE 1/4 of the SE 1/4, Section 5, Township 29 North, Range 21 West. The purpose of the project is to replace existing culverts with equal or near equal sized culverts.

The County had received permits to replace these culverts in 2004, but did not do the work. Motion was made by Scheel and seconded by Borash to re-issue Permits # 2004-8, 2004-9, and 2004-10 and to include all waivers and conditions associated with the previous permits. Motion carried unanimously.

Permit Request: Zarbok Lot, Afton Engineer Hanson presented information on a permit request for a project located southwest of Majestic Pines Trail and 15th Street South, Afton, in the SW 1/4 of SE 1/4 of Section 7, Township 28 North, Range 20 West.

The purpose of the project is to strip off existing gravel; build up foundation and construct a 34,400 square foot horse barn and associated septic system; install perimeter fencing and wood chip/gravel horse trails; construct an approximate 1,200 square foot house to be expanded to approximately 3,600 square feet and associated septic system; construct about 1,700 linear feet of driveways; and, construct a 8,500 square foot pole barn.

After discussion of the water management concerns, wetland management concerns, and erosion control concerns, motion was made by Borash and seconded by Bucheck, to approve Permit # 2006-05, with the engineer=s suggested site-specific conditions, and standard conditions. Motion carried unanimously.

Silver Lake Outlet and Bioretention Berm At the last meeting, the managers directed Engineer Hanson to

get an estimate for the repairs in the bioretention site berm in Silver Lake, and to seal the leak in the lake=s outlet. At this meeting, Engineer Hanson presented a proposal by Mike=s Lawn and Landscape company that included two alternatives for repairing the berm and a cost estimate to seal the lake=s outlet. After discussion, motion was made by Bucheck and seconded by Scheel to accept the proposal from Mike=s Lawn and Landscape company to repair the damage to the Silver Lake Bioretention site and clean and fix the water outlet for $2,950; and that the minimal disturbance route is preferred. Motion carried unanimously.

Incentive Programs At the last meeting, the managers directed Engineer Hanson to contact personnel at the Ramsey-Washington Metro Watershed District (RWMWD) to discuss that District=s drafted program that could possibly be used by VBWD as incentive programs in VBWD. At this meeting, Engineer Hanson reported that the RWMWD program is not yet complete, but is expected to be published next week. The managers directed Engineer Hanson to send them copies of the RWMWD program when it is ready.

Klawitter Pond At the February 23^rd meeting, Engineer Hanson was directed by the managers to respond to FEMA=s questions regarding the mapping of the 100-year floodplains of several landlocked basins within the VBWD. Barr Engineering Company has responded to FEMA=s questions, except for their questions regarding Klawitter Pond. At this meeting, Engineer Hanson presented to the managers a memorandum regarding the FEMA floodplain mapping of Klawitter Pond. After discussion, motion was made by Bucheck and seconded by Borash to direct Barr Engineering to submit the comments to FEMA on the Klawitter Pond issue, without any further work. Motion carried unanimously.

Rules and Regulations Update/Revision After discussion of the remaining areas of the Rules and Regulations to be reviewed, motion was made by Fetcher and seconded by Borash that the draft Rules and Regulations and cover letter should be distributed to agencies as agreed earlier. Motion carried unanimously.

Valley Creek Erosion Engineer Hanson had mailed to the managers a list of sites along Valley Creek where stabilization is recommended. In discussion, Secretary Scheel said he has been contacted by Tom Johnson, a property owner on Valley Creek. Secretary Scheel said that Mr. Johnson would like to talk with the managers about the erosion on his property. The managers asked Secretary Scheel to meet with Mr. Johnson to discuss the issue, and report back to the managers at the next meeting.

LCMR Award Presentation at Washington County Commissioners= Meeting Engineer Hanson had mailed a memorandum discussing an awards presentation to be held April 18^th at the Washington County Commissioners= meeting. Project partners involved in the Woodbury/Afton Groundwater Study will be presented with an award from the Minnesota Society of Professional Engineers. Secretary Scheel said he will attend the meeting on April 18^th to receive the award on behalf of the VBWD managers.

Bibeau=s Landing Amendment to Declaration of Restrictions Engineer Hanson and Attorney Marshall discussed with the managers the legal description recorded for the Declaration of Restrictions over the wetland replacement site for the Bibeau=s Landing project. The legal description had been recorded incorrectly, but now has been corrected. Attorney Marshall explained the issue to the managers. Motion was made by Borash and seconded by Fetcher to approve the amendment to the wetland declaration of restrictions and covenants. Motion carried unanimously.

Meyer=s Pineridge Attorney Marshall had been directed at the November 10, 2005 meeting to perform a search of the records to find if a drainage easement had been recorded across a lot in Meyer=s Pineridge subdivision in Lake Elmo. At this meeting, Attorney Marshall reported that an easement had not been recorded, and that he has gotten some of the necessary signatures from neighboring residents to allow the drainage easement. One or two property owners are concerned about giving an easement. Attorney Marshall recommended that the managers authorize Engineer Hanson to meet with the area landowners, the landscaper of the property owners wishing to do the grading, and the surveyor of the easement. The managers agreed, and Attorney Marshall will report at the next meeting.

MANAGERS= REPORT Next Meeting - April 27, 2006 The managers expect to have a quorum present at the next meeting.

Silver Lake Aquatic Plant Management The managers briefly discussed Dr. Manthei=s suggestion that they invite Aquatic Engineering to a meeting to hear about their method for treating aquatic plants. The managers decided that their current focus at Silver Lake should be on collecting data.

Rezoning - West Lakeland Treasurer Borash reported that the Washington County Commissioners have requested to have more than seven acres, on the corner of Manning Avenue and Interstate 94 rezoned to commercial. The West Lakeland Township Board approved the request. Treasurer Borash said this area drains to Fahlstrom Pond, and suggested that the managers need to keep this issue in mind in the future, if commercial development begins.

ADJOURNMENT Motion made by Borash and seconded by Bucheck at 10:17 p.m. to adjourn the meeting. Motion carried unanimously.

Respectfully Submitted,

/s/ Don Scheel, Secretary

Don Scheel, Secretary

Minutes Approved by Managers 04/27/06