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Minutes of Regular Meeting # 754 Held in the Lake Elmo City Council Chambers
Thursday, July 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: Scott Smith and Jim Hammar, Wildflower Shores Project; Ted Bucholtz and David Loos, Park Meadows Project

CALL TO ORDER President Fetcher 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 June 8, 2006 meeting, motion was made by Borash and seconded by Scheel to approve the minutes as distributed. Motion carried unanimously.

ADDITIONAL AGENDA ITEMS Added to the agenda under Managers: Meeting with District Educator.

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.

ATTORNEY=S REPORT Attorney Wolle had contracts needing signatures. President Fetcher and Secretary Scheel signed the contracts.

TREASURER=S REPORT Treasurer Borash distributed copies of the Annual Audit for 2005. The Treasurer=s Report will be made at the second meeting of the month.

INSPECTOR=S REPORT Park Meadows, Lake Elmo David Loos, Lake Elmo resident living near the Park Meadows project, was present to discuss with the managers his concerns with a holding pond in the Park Meadows development that he claimed has been inappropriately constructed to manage the runoff from the site, and prevent flooding the Loos property. Mr. Loos explained to the managers that he wants the holding pond redesigned. He said it is not large enough. Inspector Roemmich reported that the holding pond does not infiltrate as it should.

The managers directed Engineer Hanson to contact the developer by letter, asking him to redesign the holding pond, by July 31, 2006. If this isn=t done, the managers said further steps will be taken.

Gander Mountain, Woodbury Inspector Roemmich had prepared a list of items that needed to be completed before he would recommend approval of the Gander Mountain project, Permit # 2005-06. Engineer Hanson had provided the managers with a copy of a letter dated June 28, 2006, that he had written to the developer of the project, listing those items.

Washington County Fairgrounds, Baytown Township Inspector Roemmich reported that the site of the rainwater gardens at the Washington County Fairgrounds, has not been graded as directed in the VBWD permit. After discussion, the managers directed Engineer Hanson to contact the Washington County Agriculture Society by letter, asking them to grade the site as planned, or to inform VBWD of their intended plan for grading.

Valley Creek Headwaters Stabilization, Afton Engineer Hanson had mailed to the managers, Inspector Roemmich=s pictures of the completed Valley Creek Headwaters project. The managers commented that the completed project looks very good.

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

MANAGERS= REPORT Walker Project, Afton Engineer Hanson had mailed to the managers, copies of a letter from the City of Afton dated July 3, 2006, inquiring about the status of the Walker erosion permit. Inspector Roemmich reported that repairs have been made to the project over the last week.

ENGINEER=S REPORT Wildflower Shores Engineer Hanson presented information on a pumping request from William McCully of Glenn Rehbein Companies, developer of Wildflower Shores. The project would involve pumping water from the Project 1007 pipeline adjacent to the site into areas within the development proposed for wetland banking.

The managers discussed several issues related to the request, including how to determine the long-term hydrologic sustainability of the wetland banking sites.

Attorney Wolle suggested that a contract be written between Glenn Rehbein Companies and VBWD for safety concerns and erosion concerns. Motion was made by Fetcher and seconded by Bucheck to allow Rehbein Companies to pump water into the Wildflower Shores wetlands on a one-time basis if there is water available to do so, to fill the wetlands per their filling proposal dated July 7, 2006, and as part of that, a contract will be required between VBWD and Glenn Rehbein Companies, which will include at a minimum, the safety concerns and erosion concerns, and that Glenn Rehbein Companies will conform to the wetland banking requirements; Glenn Rehbein Companies will provide proof of standard liability insurance. Motion carried unanimously.

Permit Request: Legacy Farm, Afton Engineer Hanson presented information on a permit request located west of Neal Avenue (CR 71), approximately 0.,5 miles south of 30th Street South, Afton, in the North half of the SE 1/4 of the SE 1/4 of Section 19, Township 28 North, Range 20 West. The purpose of the project is to construct single family residence, driveway, and two stormwater ponds.

After discussion of the water management concerns, the wetland management concerns, and the erosion control concerns, motion was made by Scheel and seconded by Johnson to approve Permit # 2006-17 with the engineer=s standard conditions and suggested site-specific conditions. Motion carried unanimously.

Permit Request: Bergman, Lake Elmo Engineer Hanson presented information on a permit request located at the southeast corner of Highway 36 and Lake Elmo Avenue in part of the NE 1/4 of the NW 1/4 and part of the W 1/2 of the NW 1/4 of Section 1, Township 29 North, Range 21 West. The purpose of the project is to stabilize ravines flowing through the property.

The City of Lake Elmo stopped the unpermitted activity at this site in early June. The landowner was instructed to obtain a VBWD permit. Application was submitted in late June. All the work is now apparently complete. Engineer Hanson recommended approval of an after-the-fact permit, and to add conditions recommended by Inspector Roemmich and Attorney Wolle. Motion was made by Fetcher and seconded by Borash to approve an after-the-fact permit, # 2006-19, with the engineer=s standard conditions # 4, 6, and 7. Motion carried unanimously.

Update: Lake Elmo Condominiums, LLC, Lake Elmo; Permit 2005-13 Engineer Hanson informed the managers that a condition of this permit requires that a developer submit certain information before July 1, 2006. He said he has been in contact with the permit holder, and learned that the information will not be submitted until the end of July 2006.

Update: Barton Restoration, Afton; Permit 2005-12 Engineer Hanson informed the managers that a condition of this permit required an annual update of the restoration activities. He said that he has learned that no grading has occurred yet, because of a change in leadership at the asphalt company, which has slowed progress.

Unpermitted Activity: 2337 Lake Elmo Avenue, Lake Elmo Engineer Hanson reported that an unpermitted retaining wall is being constructed within the OHW of Lake Elmo. A Cease and Desist Order has been issued by the MnDNR. The City of Lake Elmo also sent a letter to the property owner, telling her to stop work and apply for a City permit. The property owner will be removing the retaining wall to be in compliance with MnDNR regulations. The MnDNR area hydrologist said he informed the property owner to apply for a VBWD permit.

Potential Unpermitted Wetland Impact, Grant Engineer Hanson reported that the Washington Conservation District received a report of potential wetland impacts at 7109 Jamaca Avenue in Grant. There is possibly some wetland fill. A search warrant has been issued in order to visit the property.

2005 System Inspection Report Engineer Hanson had mailed to the managers a list of recommended maintenance activities to Project 1007, Olson Lake Estates Pond Outlet Project, Weber Pond Outlet, and the Echo Lake Outlet. After discussion of the recommendations, motion was made by Bucheck and seconded by Borash to direct the engineer to arrange to have the maintenance and repairs completed, at a cost not to exceed $25,000. Motion carried unanimously.

Ramsey-Washington Metro WD Watershed Management Plan Engineer Hanson reported that he has received copies of the Ramsey-Washington Metro Watershed District and South Washington Watershed District Watershed Management Plans. He said he usually sends a comment letter regarding boundary issues and other issues when he receives a Plan from adjacent watershed districts. The managers directed Engineer Hanson to prepare the typical letter in these cases, also.

Putnam Boulevard Closure, Afton Engineer Hanson had mailed to the managers a draft letter addressed to the City of Afton Engineer regarding the closure of Putnam Boulevard. In the letter, Engineer Hanson requests that he and Dr. Jim Almendinger of the Science Museum, be copied on all future correspondence regarding the closure of Putnam Boulevard, because of the monitoring activity of Valley Creek at the Putnam Boulevard bridge. The managers approved the letter and directed Engineer Hanson to send it to the City of Afton.

Update: Impaired Waters Engineer Hanson had mailed to the managers a memorandum regarding VBWD Impaired Waters. Downs Lake and McDonald Lake, which had been included on the 2006 draft list of impaired waters, were not included on the final test. The memorandum also included a proposal from the Washington Conservation District TMDL studies on impaired waters within Washington County that drain to the St. Croix River. The memorandum was for information only at this time, and no action was required by the managers.

South Washington WD Groundwater Letter  Engineer Hanson had mailed to the mangers a letter from Matt Moore, South Washington Watershed District, addressed to Cindy Weckwerth with Washington County, regarding the South Washington County Groundwater Study. He said it is for information purposes only, and no action is needed to be taken by the managers. Washington County is investigating how to best address the issues listed in Mr. Moore=s letter.

Washington County Fair Engineer Hanson said the Washington County Fair opens August 2nd, and the sign-up for volunteering to staff the watershed district booth, is on the VBWD web site.

Engineer Hanson informed the managers that if they decide to, they can contribute money to the Minnesota Pollution Control Agency for its booth at the Minnesota State Fair. He said he knows of other watershed districts that are contributing. The managers directed Engineer Hanson to check with Cliff Aichinger, Administrator of Ramsey-Washington Metro Watershed District, to determine if funding is still needed and to inform the managers about the issue at their next meeting.

Alan Roth Project, West Lakeland Project Engineer Hanson had mailed to the managers a preliminary plat for a project in West Lakeland Township. He asked the managers if they think that a VBWD permit is needed. After discussion, the managers agreed that a permit is necessary.

Draft Rules Comments The managers agreed to move the discussion of the draft rules to the next meeting. However, Attorney Wolle asked if the managers would clarify certain points because of the time frame involved. The managers did answer her questions in discussion of the draft rules.

Valley Creek Dam Inspection Report Engineer Hanson had mailed to the managers a ASafety Inspection Report Old Smith Dam@ for a brief discussion at this meeting. He said that he will prepare a work plan of the recommended next steps with associated cost estimates for the next meeting.

MANAGERS= REPORT(Cont.) Next Meeting - July 27, 2006 The managers expect to have a quorum present at the next meeting on July 27, 2006. Manager Johnson said he will be absent from the next two meetings.

ESC for Building Lots Field Course - August 9, 2006 - Rosemount President Fetcher noted the upcoming training program on erosion and sediment control, and commented that a similar program would be nice for Washington County.

MAWD Summer Tour President Fetcher and Secretary Scheel reported that the Summer Tour, hosted by the Sauk River Watershed District, was an interesting event. He said he enjoyed the rural setting of the tour. He also said the Sauk River Watershed District has an extensive education program.

2007 Budget Treasurer Borash had distributed a brief chart of VBWD levies from 2003 to 2006. The managers briefly discussed the VBWD budget for 2007.

Meeting with District Educator President Fetcher said he had a meeting with Angie Hong, the newly hired District Educator for Watershed Districts in Washington County. He also said she is reading the watershed district Plans, and the VBWD Plan, in particular. She will be at the Washington County Fair in the watershed district booth.

ADJOURNMENT Motion made by Bucheck and seconded by Scheel at 10:19 p.m. to adjourn the meeting. Motion carried unanimously.

Respectfully Submitted,

/s/ Don Scheel, Secretary

Don Scheel, Secretary

Minutes Approved by Managers 07/27/06