02-07-94 RBWMO
CITY OF RICHFIELD
MONDAY, FEBRUARY 7, 1994
RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
5:30 P.M.
BLOOMINGTON COUNCIL CHAMBERS
2215 WEST OLD SHAKOPEE ROAD
AGENDA
CALL TO ORDER
1. ANNUAL MEETING OF THE RICHFIELD-BLOOMINGTON WATERSHED
MANAGEMENT ORGANIZATION
ADJOURNMENT
AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE
UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN
ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702.
RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
TO: Board of Commissioners of the Richfield-Bloomington Watershed
Management Organization (RBWMO)
FROM: Michael Sandahl
SUBJECT: Annual Meeting of the RBWMO
DATE: January 26, 1994
The annual meeting of the Richfield-Bloomington Watershed Management Organization
(RBWMO) is scheduled for 5:30 P.M., February 7, 1994, in the Bloomington City
Council Chambers at 2215 W. Old Shakopee Road. Alight dinner will be provided.
The meeting is intended to be completed by 6:30 P.M. to allow commencement of the
7:00 P.M. City Council Meetings for both Richfield and Bloomington.
AGENDA
1. Approval of minutes of January 25, 1993 (Attached)
2. Election of officers
3. Appointment of Executive Director and Assistant Executive Director
4. RBWMO Boundary Change and Plan Revision
5: Amendment to Joints Powers Agreement
6. National Pollutant Discharge Elimination System (NPDES) Permit Update
7. Bloomington Shoreland Ordinance
8. Wetland Conservation Act Update
a. LGU Designation
b. Permanent Program
9. Local Watershed Management Plan
- a. Cities waiting completion of other Watershed District Plan within
respective cities
10. Projects
a. 77th Street Project
b. 79th/80th Street Comdor Project
c. 35W/494 Update
11. Annual Report
12. Public Notice (Required)
a. Notice in the Sun-Current
13. RBWMO Plan - 1995 Revisions
14. Insurance
a. Each city to pay half the cost
15. Adjournment
ITEM 1
Approved Minutes
Annual Meeting
Meeting #10
Call to Order
RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
5:30 p.m.
January 25, 1993
Richfield City Hall
The annual meeting of the Richfield-Bloomington Watershed Management Organization was
called to order by Chairman Carol Johnson, who asked that those in attendance introduce
themselves.
Roll Call Present: Chairman Johnson, Secretary Michael Sandahl and Treasurer Coral Houle,
Bloomington Commissioners Andrews, Peterson, and Spies (who arrived at
5:50 p.m.), and Richfield Commissioners Kirsch, Priebe, Rosenberg and Susag.
Absent: Commissioner Schuler of Bloomington.
Also present: Executive Director Michael Eastling of Richfield and Assistant Executive
Director Charles Honchell of Bloomington.
Approval of Minutes Motion was made by Andrews, seconded by Houle, and all present voting aye, to approve
the minutes of the February 24, 1992, annual meeting as presented. The motion carried
9-0.
Election of Officers The Chairman asked for nominations from the floor for election of officers. Priebe
nominated Michael Sandahl as Chairman. Motion was made by Houle, seconded by Priebe, and
all present voting aye, to close the nominations and to instruct the Secretary to cast a
unanimous ballot for Michael Sandahl as Chairman. The motion carried 9-0. Nominations
were opened for the office of Vice Chairman. Peterson nominated Coral Houle for Vice
Chairman. Motion was made by Rosenberg, seconded by Peterson, and all present voting
aye, to close the nominations and to instruct the Secretary to cast a unanimous ballot
for Coral Houle as Vice Chairman. The motion carried 9-0.
Nominations were opened for the office of Secretary. Houle nominated Jim Andrews for
Secretary. Motion was made by Houle, seconded by Sandahl, and all present voting aye, to
close the nominations and to instruct the Secretary to cast a unanimous ballot for Jim
Andrews for Secretary. The motion carried 9-0. Nominations were opened for the office
of Treasurer. Sandahl nominated Russ Susag for Treasurer. Motion was made by Houle,
seconded by Rosenberg, and all present voting aye, to close the nominations and to
instruct the Secretary to cast a unanimous ballot for Russ Susag for Treasurer. The
motion carried 9-0.
Appointment of Executive The Chairman indicated that Michael Eastling of Richfield has been serving as Executive
Director and Assistant Director and Charles Honchell of Bloomington as Assistant Executive Director for the past
Executive Director two years. Traditionally the offices have been rotated between the two cities. It was
proposed that Jim Gates, Bloomington Deputy Director of Public Works, be named Executive
Director and Michael Eastling, Richfield City Engineer, be named Assistant Executive
Director. Motion was made by Andrews, seconded by Susag, and all present voting aye, to
approve the appointment of Jim Gates as Executive Director and Michael Eastling as
Assistant Executive Director. The motion carried 9-0.
RBWMO Boundary Change The Richfield-Bloomington Water Management Organization was requested to adopt a
and Plan Revision resolution supporting a change in the boundary of the RBWMO by adding the area tributary
R-93-1 to Wood Lake. The watershed boundaries that would also be affected by this change would
be Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District. The
Page 1 January 25, 1993
RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
Approved Minutes 5:30 p.m.
AnnuaC Meeting January 25, 1993
Meeting #10 Richfield City Hall
Call to Order The annual meeting of the Richfield-Bloomington Watershed Management Organization was
called to order by Chairman Carol Johnson, who asked that those in attendance introduce
themselves.
Roll Call Present: Chairman Johnson, Secretary Michael Sandahl and Treasurer Coral Houle,
Bloomington Commissioners Andrews, Peterson, and Spies (who arrived at
5:50 p.m.), and Richfield Commissioners Kirsch, Priebe, Rosenberg and Susag.
Absent: Commissioner Schuler of Bloomington.
Also present: Executive Director Michael Eastling of Richfield and Assistant Executive
Director Charles Honchell of Bloomington.
Approval of Minutes Motion was made by Andrews, seconded by Houle, and all present voting aye, to approve
the minutes of the February 24, 1992, annual meeting as presented. The motion carried
9-0.
Election of Officers The Chairman asked for nominations from the floor for election of officers. Priebe
nominated Michael Sandahl as Chairman. Motion was made by Houle, seconded by Priebe, and
all present voting aye, to close the nominations and to instruct the Secretary to cast a
unanimous ballot for Michael Sandahl as Chairman. The motion carried 9-0. Nominations
were opened for the office of Vice Chairman. Peterson nominated Coral Houle for Vice
Chairman. Motion was made by Rosenberg, seconded by Peterson, and all present voting
aye, to close the nominations and to instruct the Secretary to cast a unanimous ballot
for Coral Houle as Vice Chairman. The motion carried 9-0.
Nominations were opened for the office of Secretary. Houle nominated Jim Andrews for
Secretary. Motion was made by Houle, seconded by Sandahl, and all present voting aye, to
close the nominations and to instruct the Secretary to cast a unanimous ballot for Jim
Andrews for Secretary. The motion carried 9-0. Nominations were opened for the office
df Treasurer. Sandahl nominated Russ Susag for Treasurer. Motion was made by Noule,
seconded by Rosenberg, and all present voting aye, to close the nominations and to
instruct the Secretary to cast a unanimous ballot for Russ Susag for Treasurer. The
motion carried 9-0.
Appointment of Executive The Chairman indicated that Michael Eastling of Richfield has been serving as Executive
Director and Assistant Director and Charles Honchell of Bloomington as Assistant Executive Director .for the past
Executive Director two years. Traditionally the offices have been rotated between the two cities. It was
proposed that Jim Gates, Bloomington Deputy Director of Public Works, be named Executive
Director and Michael Eastling, Richfield City Engineer, be named Assistant Executive
Director. Motion was made by Andrews, seconded by Susag, and all present voting aye, to
approve the appointment of Jim Gates as Executive Director and Michael Eastling as
Assistant Executive Director. The motion carried 9-0.
RBWMO Boundary Change The Richfield-Bloomington Water Management Organization was requested to adopt a
and Plan Revision resolution supporting a change in the boundary of the RBWMO by adding the area tributary
R-93-1' to Wood Lake. The watershed boundaries that would also be affected by this change would
be Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District. The
Page 1 January 25, 1993
Local Watershed Mr. Eastling said both Richfield and Bloomington are included in several watershed
Management Plans districts, and the cities cannot proceed further with their plans until all of the
watershed management plans for those districts of which the cities of Richfield and
Bloomington are a part are approved. He said each city is preparing a local plan that
can be finalized after completion of the watershed management plan. He said Richfield is
in the process of preparing its plan. Mr. Honchell said Bloomington is doing analysis
and computer runs which has been difficult because the Metro Council ,water quality
standards are not known. He said in 1995 it will be necessary to go through and amend
the plans, and Bloomington has not wanted to duplicate its efforts.. He said it is better
to wait with preparation of the final plan until the standards are known.
Projects The Chairman asked the representatives for Richfield and Bloomington to review the
special projects that are underway in their cities, namely the 77th Street Improvement
Project in Richfield and the "ring route" 79th/80th Street Corridor in Bloomington.
Executive Director Eastling said the 77th Street Improvement Project was discussed
earlier in the meeting. Plans are being prepared so construction can begin this year,
including the removal of houses along the proposed route. He noted there would be a
tunnel over to the airport property. Johnson asked if there are plans for a bicycle path
and. walkway to which the response was that when traffic on 76th Street is reduced because
of the new roadway, a bike path will be placed in the middle of 76th Street to make it a
parkway.
Mr. Gates reviewed the proposed ring route construction in Bloomington along the
79th/80th Street corridor, which would extend from East-Bush Lake Road on the west to
34th Avenue on the east with the preliminary focus being between Normandale Boulevard and
Cedar Avenue. He said the ultimate facility would be two through lanes with an auxiliary
lane on either side for car pools. At the major intersections there would be double left
turn lanes and at other intersections there would be a single left turn lane. Anew
bridge would be constructed over I-35W with room at the side for non-motorized traffic.
The maximum width of the bridge would be 140 feet to accommodate the two through lanes
and auxiliary lanes. He said the City is presently going through an environmental
assessment review for this project and is also seeking federal government funding. He
acknowledged that Bloomington is not as far along with its project as Richfield is with
theirs but it is hoped that Bloomington's project can be completed by 1998, especially
the bridge over I-35W at 79th and 80th Streets.
Mr. Gates said both the Cities of Richfield and Bloomington have purchased water sampling
equipment to allow compliance with the NPDES permitting process when this requirement is
extended to cities under 100,000 in population. He said both cities will be monitoring
storm water drainage into public bodies of water, and while this is not yet a requirement,
the equipment is being acquired to be in readiness. Mr. Eastling concurred, adding that
it is important to acquire the equipment and to learn how it is used so the water quality
can be accurately assessed.
Annual Report The Chairman indicated that a draft of the annual report for the Richfield-Bloomington
Water Management Organization was included in the agenda material, and asked if there
were any corrections or questions. Upon approval, the report would be submitted to the
Minnesota Board of Water and Soil Resources. Mr. Eastling said this report takes into
account a number of items discussed at this meeting. He said the staffs of both
Richfield and Bloomington have worked closely with the Metro Council, EPA and PCA to
secure the necessary information for compliance with all of the requirements being
established. Susag-asked that in this report his name be changed to Russ instead of
Russell. Following discussion, motion was made by Andrews, seconded by Sandahl, and all
present voting aye, to approve submission of the annual report as amended. The motion
Page 4 January 25, 1993
Local Watershed Mr. Eastling said both Richfield and Bloomington are included in several watershed
Management Plans districts, and the cities cannot proceed further with their plans until all of the
watershed management plans for those districts of which the cities of Richfield and
Bloomington are a part are approved. He said each city is preparing a local plan that
can be finalized after completion of the watershed management plan. Ne said Richfield is
in the process of preparing its plan. .Mr. Honchell said Bloomington is doing analysis
and computer runs which has been difficult because the Metro Council water quality
standards are not known. He said in 1995 it will be necessary to go through and amend
the plans, and Bloomington has not wanted to duplicate its efforts. He said it is .better
to wait with preparation of the final plan until the standards are known.
Projects The Chairman asked the representatives for Richfield and Bloomington to review the
special projects that are underway in their cities, namely the 77th Street Improvement
Project in Richfield and the "ring route" 79th/80th Street Corridor in Bloomington.
Executive Director Eastling said the 77th Street Improvement Project was discussed
earlier in the meeting. Plans are being prepared so construction can begin this year,
including the removal of houses along the proposed route. He noted there would be a
tunnel over to the airport property. Johnson asked if there are plans for a bicycle path
and walkway to which the response was that when traffic on 76th Street is reduced because
of the new roadway, a bike path will be placed in the middle of 76th Street to make it a
parkway.
Mr. Gates reviewed the proposed ring route construction in Bloomington along the
79th/80th Street corridor, which would extend from East Bush Lake Road on the west to
34th Avenue on the east with the preliminary focus being between Normandale Boulevard and
Cedar Avenue. He said the ultimate facility would be two through Lanes with an auxiliary
lane on either side for car pools. At the major intersections there would be double left
turn Lanes and at other intersections there would be a single left turn lane. Anew
bridge would be constructed over I-35W with room at the side for non-motorized traffic.
The maximum width of the bridge would be 140 feet to accommodate the two through lanes
and auxiliary lanes. He said the City is presently going through an environmental
assessment review for this project and is also seeking federal government funding. He
acknowledged that Bloomington is not as far along with its project as Richfield is with
theirs but it is hoped that Bloomington's project can be completed by 1998, especially
the bridge over I-35W at 79th and 80th Streets.
Mr. Gates said both the Cities of Richfield and Bloomington have purchased water sampling
equipment to allow compliance with the NPDES permitting process when this requirement is
extended to cities under 100,000 in population. He said both cities will be monitoring
storm water drainage into public bodies of water, and while this is not yet a requirement.,
the equipment is being acquired to be in readiness. Mr. Eastling concurred, adding that
it is important to acquire the equipment and to learn how it is used so the water quality
can be accurately assessed.
Annual Report The Chairman indicated that a draft of the annual report for the Richfield-Bloomington
Water Management Organization was included in the agenda material, and asked if there
were any corrections or questions. Upon approval, the report would be submitted to the
Minnesota Board of Water and Soil Resources. Mr. Eastling said this report takes into
account a number of items discussed at this meeting. He said the staffs of both
Richfield and Bloomington have worked closely with the Metro Council, EPA and PCA to
secure the necessary information for compliance with all of the requirements being
established. Susag asked that in this report his name be changed to Russ instead of
Russell. Following discussion, motion was made by Andrews, seconded by Sandahl, and all
present voting aye, to approve submission of the annual report as amended. The motion
Page 4 January 25, 1993
- ITEM 4
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CC~.S May 18 , 19 9 3 JJ {{ll ~~
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~~i~ of 8?oo,~tin~ton
Southbridge Office Building
155 S. Wabasha Street TO: Joan Groove, Sec etary of State ,~~'
Suite 104 ~ -~'"
St. Paul, MN 55107 , j '~
(612) 296-3767 _ Cti~ ~ '~Q~~~ liti"
Fax (612) 297-5615 FR:~ ~ m Ha rte1, Boar Conservationist
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Fietd Otfices PH . 2 9 7 2 9 0 5
Northern Region: RE: Richfield-Bloomington AMO Watershed Boundary
394 S. Lake Avenue ChanC~e
Room 403
Duluth, MN 55802
(2i 8} 723-4752
Fax (218j 723-4794
3217 Bemidji Avenue N.
Bemidji, MN 56601 Please file the enclosed certified copies of the
(218) 755-4235
Fax (218) 755-4201 Findings and Order approving the above referenced
boundary change and the map depicting the changed
217 S. 7th Street boundaries .
Suite 202
.Brainerd, MN 56401-3660
(218) 828-2383 The boundar chap a transfers small ortions of
Y g P
Fax (218) 828-6036 Minnehaha Creek Watershed District and Nine Mile Creek
Watershed District to the Richfield-Bloomington
southern Region: Watershed Management Organization.
Highway 15 S.
Box75s This request is made pursuant to Minnesota Statutes
New Ulm, MN 56073. SeCtlOn 103B. 215, Subd. 4 (d) The Order conforms to
(507)359-6074
Fax (507)359-6018 Minnesota Statutes Section 103B.225.
1200 s. Broadway please contact me if you have any questions .
Room 144
Rochester, MN 55904
(507) 285-7458
Box 267 enclosures
1400 E. Lyon Street
Marsha{I, MN 56258 C : Ron Harnack
(507j 537-6060 Bruce Sandstrom
Fax (507) 537-6368
Richfield-Bloomington WMO
Minnehaha Creek WD
Metro Region: Nine Mile Creek WD
Southbridge Office Building Clty Of Richfield
155 S. Wabasha Street
suite 104
City of Bloomington /
St. Pau{, MN 55107
(612) 296-3767
Fax (612) 297-5615
An Equal
Opportunity Employer
Printed on recycled paper
MINNESOTA BOARD OF WATER AND SOIL RESOURCES
155 SOUTH WABASHA STREET
SUITE 104
ST. PAUL, MINNESOTA 55107
STATE OF MINNESOTA )
)ss AFFIDAVIT
COUNTY OF RAMSEY )
JIM HAERTEL, being first duly sworn on oath, deposes and says:
THAT HE is a BOARD CONSERVATIONIST for the Minnesota Board of Water and Soil
Resources; that xE has compared the attached copy of Findings and Order relating to the
PETITION TO AMEND THE BOUNDARIES OF THE MINNEHAHA CREEK WATERSHED DISTRICT
THE NINE MILE CREEK WATERSHED DISTRICT AND THE RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION dated at Saint Paul, Minnesota, on the 28th DAY
of APRIL, 1993, with the original thereof on file ~ official custody; and
THAT SAID COPY is a true and correct copy of said original and the whole thereof.
,~ ~ f _-_
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/ JIM HAERTEL ~1
~;,. MARY JO ANDERSON .%~~
~~~r NOTAP.1 PUkUC-~MINKEiO`~~
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'~~.,'' ~'fA~H!NGTON COL^;T
Iv1y commisswn expires ~~-29.93
STATE OF MINNESOTA
COUNTY OFY 2
Subscribed nd sworn to before me this ~y
day of -3ZC~ , 19 9~'
My Commission Expires ~~- Z ~ - ~~
FINDINGS OF FACT
1. The Order For and Notice Of Hearing was published per Exhibit
4 on January 13, 1993 in the St. Louis Park Sun-Sailor; on
January 6 and 13, 1993 in the Richfield Sun-Current; and on
January 13, 1993 in the Minnetonka Sun-Sailor..
2. The Minnehaha Creek Watershed District, the Nine Mile Creek
Watershed District and the Richfield-Bloomington Watershed
Management Organization would have their boundaries changed,
as depicted in Exhibits 1, 14, 15 and 26, if this petition is
approved. The property affected by the proposed boundary
change includes areas tributary to Wood Lake and a limited
area along 77th Street within the City of Richfield that would
be directed. to drain into Wood Lake instead of Nine Mile Creek
as part of the 77th Street improvement project. An outlet to
Wood Lake would also be constructed as part of-said
improvement project. In the interim the outlet would flow
into a sump and be pumped into the Nine Mile Creek Watershed
District. In the future the City of Richfield plans to provide
for a gravity outflow.
3. A major portion of the drainage area tributary to Wood Lake
lies within the boundaries of the Minnehaha Creek Watershed
District. The drainage area is approximately 2 square miles
and Wood Lake is approximately 120 acres per Exhibit 12.
During past high water events the City of Richfield has laid
pipe overland and pumped water from Wood Lake to lessen
flooding problems in the area. Wood Lake does not have an
outlet to Minnehaha Creek and has never contributed surface
water runoff to Minnehaha Creek either by gravity or pumping.
4. The area tributary to Wood Lake has not received any benefits
from the operation of the Minnehahah Creek Watershed District
that cannot be provided in the future by the Richfield-
Bloomington Watershed Management organization.
5. If the proposed project. does not proceed as part of the 77th
Street improvement project, future costs to replicate the
project would be high since the reconditioned streets would
have to be torn up. There is additional benefit to the
watershed districts and the City since some of the cost will
be defrayed due to federal highway funding presently
available.
6. The Department of Natural Resources issued Protected Waters
Permit 93-6106 for construction of an outlet and inlet outfall
for Wood Lake per Exhibit 24. The permit authorizes ari initial
Page 2 of 6
Minnesota Board of Water and Soil Resources
Southbridge Office Building
155 South Wabasha Street, Suite 104
St. Paul, Minnesota 55107
-------------------------------------------------
In the Matter of the review of the City of
Richfield Petition for a Boundary Change
relating to Minnehaha Creek Watershed District,
Nine Mile Creek Watershed District and Richfield-
Bloomington Watershed Management Organization
pursuant to Minnesota Statutes Section 103D.251.
Whereas, the Board of Water and Soil Resources (Board) received a
petition from the City of Richfield dated December 7, 1992 that
requests changes to the boundaries of the Minnehaha Creek and Nine
Mile .Creek Watershed Districts that would. effectively transfer
approximately 1225 acres and 173 acres, respectively, from said
Districts to the Richfield-Bloomington Watershed Management
organization, and;
Whereas, at its December 16, 1992 meeting the Board found that the
petition meets the requirements of Minnesota Statutes. Section .
103D.251, and;
Whereas, at its December 16, 1992 meeting the Boardheard testimony
as to the merits of the petition and ordered that a public hearing
be held on the .matter before the Board's Dispute .Resolution
Committee, and;
Whereas, the public hearing .was scheduled-and notice of such
hearing was given pursuant to Minnesota Statutes Section 103D.221,
5ubd. 2 and 103D.251, Subd. 6, and;
Whereas, the public hearing was held on January 26, 1993 at the
Wood Lake Nature Center, 735 Lakeshore Drive, Richfield, Minnesota
and continued on March 23, 1993 at the same location, and;
Whereas, the Dispute Resolution Committee met on April 5, 1993 to
consider the testimony,. exhibits and letters pertaining to this
matter,
Now Therefore, the Dispute Resolution Committee hereby makes the
following Findings of Fact, Conclusions and Recommendations:
Page 1 of 6
incurred which benefit the City of Richfield and the Richfield
-Bloomington Watershed Management Organization, to continue
the joint feasibility study for the Wood Lake subwatershed,
and to accept full legal responsibility for the 77th Street
improvement project.
17. Mr. Pete Willenbring, P.E., outlined several issues in Exhibit
11 that support the proposed boundary change.
a) The Wood Lake basin is landlocked and has never drained. to
Minnehaha Creek. Wood Lake elevations would have to rise
several feet before runout would occur. Both Minnehaha
Creek Watershed District and Richfield-Bloomington
Watershed Management Organization agree on this per Exhibit
25.
b) The City of Richfield is committed to pump Wood Lake if
water elevations exceed 819.2 FT MSL.
c) An outlet from Wood Lake to Minnehaha Creek cannot meet
Minnehaha Creek Watershed District Rules since it would
increase the discharge rate of water flowing into Minnehaha
Creek and the District has gone on record that the creek
cannot. accept more water due to existing flooding problems.
d) The proposed outfall to I-494 is adequate to accommodate.
the proposed discharge.
e) The final design report for the 77th Street improvement
project demonstrates it is technically and financially
feasible to construct a future gravity outlet from Wood
Lake to the south into the I-494 drainage system.
18. The Sierra Club, North Star Chapter, Minneapolis Group
objected to the proposed boundary change per Exhibit 6 due to
the controversial nature of the petition, that the current
watershed boundaries are based on sound hydrologic principles
and should remain as established, and that the rules should
not be changed to fit the situation.
19. Mr. James Spensely testified at the January 26 hearing as the
President of the Minnehaha Creek Watershed District and as a
private citizen at the March 23 hearing continuance since he
was no longer on the Minnehaha Creek Watershed District Board.
20. Mr. Spensely challenged the wisdom of the proposed 77th Street
improvement project per Exhibit 28, but the record indicates
that the project has or will receive the required permits.
21. The objections to the boundary change by the Sierra Club and
Mr. Spensely are based on unwarranted concerns about the
proposed 77th Street improvement project.
a) Even if the gravity project is not ultimately constructed,
the project using a sump and pump will be better than in
Page 4 of 6
outlet control structure elevation of 819.2 FT M5L which is
1.5 feet below the Ordinary High Water Mark of Wood Lake. The
permit contains numerous. provisions to limit adverse impacts
on Wood Lake.
7. The Richfield-Bloomington Watershed Management Organization
has approved the proposed 77th Street project per Exhibit 23.
8. The proposed boundary change will benefit the Richfield-
Bloomington Watershed Management Organization by making its
legal boundary consistent with both the actual existing
watershed boundary and ,the actual watershed .boundary .which
will exist after construction of the planned drainage
improvement projects. The proposed boundary change will.
benefit the Minnehaha Creek Watershed District and .the Nine
Mile Creek Watershed District for the same reasons.
9. The Minnehaha Creek Watershed District and the Nine Mile
Creek Watershed District can perform the functions for which
they were established without the inclusion of the affected
area that would be included in the Richfield-Bloomington
Watershed. Management Organization.
10. The Minnehaha Creek Watershed District passed a resolution in •
support of the proposed boundary change per Exhibits 20 and
21.
11. The Nine Mile Creek Watershed District has no objection to
the proposed boundary change per Exhibit 17. Further, the Nine
Mile Creek Watershed District has issued a permit to the City
of Richfield for the 77th Street improvement project per
Exhibit 18.
12. The Lower Minnesota River Watershed District has no objection
to the proposed boundary change per Exhibit 22,
13. The Richfield-Bloomington Watershed Management Organization
passed a resolution in support of the proposed boundary change
per Exhibit 23.
14. The Richfield Community Services Commission passed a
resolution in support of the proposed boundary change per
Exhibit 10.
15. The City of Bloomington passed a resolution in support of the
.proposed boundary change per. Exhibit 8.
16. The Richfield-Bloomington Watershed Management. Organization
passed a resolution per Exhibit 2? to reimburse the Minnehaha
Creek Watershed District for engineering and legal costs
Page 3 of 6'
CONCLIISION3
I. All relevant substantive and procedural requirements of law
and rule have been fulfilled.-The Board has proper
jurisdiction in the matter of approving a boundary change
relating to Minnehaha Creek Watershed District, Nine Mile
Creek Watershed District and Richfield-Bloomington Watershed
Management Organization pursuant to Minnesota Statutes Section
103D.251.
II. Findings state that Wood Lake has never flowed by gravity to
either Minnehaha Creek Watershed District or Richfield-
Bloomington Watershed Management Organization. Testimony
indicates it would be a toss up as to what direction the
water would flow should the water raise several feet. Both
Minnehaha Creek Watershed District and Richfield-.Bloomington
Water Management Organization agree on this.
III. No guidance in law states when a boundary change should be
made or allowed when there is a landlocked basin involved or
when it is not. clear where the. water naturally flows...
IV. The proposed 77th Street Improvement Project will drain the
Wood Lake area to the jurisdiction of the Richfield-
Bloomington Watershed Management Organization.
V. Exhibits 1, 14, 15 and 26 are maps that .depict boundaries of
the watershed districts and the watershed management
organization, however Exhibit 1 shows the proposed boundary
change most clearly.
VI. In consideration of Conclusions I through V, approval of the
petition would benefit the public welfare and public interest
and advance the purpose of Minnesota Statutes Section 103D as
directed by Minnesota Statutes Section 103D.251, Subd. 7.
RECOMMENDATIONS
In consideration of the above Findings of Fact and Conclusions, the
Dispute .Resolution Committee hereby recommends that the Board
establish the boundary change as requested by the City of
Richfield.
Approved by the Dispute Resolution Committee:
oward Peterson, Chairman date
Page 6 of 6
i
the past when overland pipe had to be laid to provide for
the pumping into Nine Mile Creek Watershed District.
b) The boundary change increases the amount of watershed
currently tributary to Wood Lake by approximately 115
acres. This represents less than a 10~ increase in
watershed area. Any adverse effects will be ameliorated by
the fact that the lake will have an outlet and there will
be provisions for the treatment of stormwater reaching Wood
Lake, neither ,of which exists at present.
c) There was no testimony to demonstrate which watershed
district or watershed management organization has the more
restrictive rules. The Board should not speculate as to
whether this is or should be an issue, nor is there any
factual basis for making this an issue.
d) Potential wetland impacts of the outlet project will be
mitigated by the DNR permit and the Wetland Conservation
Act. The Wood Lake Nature Center is owned by the City of
Richfield and is nationally recognized, consequently the
City will take great care not to adversely impact the pride
of their community.
e} Even if the project floods Type 6 wetland, the potential
for longer duration flooding is greater without the project •
than with the project. '
f) The project represents a window of opportunity to cost-
effectively provide an outlet for Wood-Lake.
22. In addition to previously cited exhibits, the following
exhibits-were also entered into the record.
a) Exhibit 1 -Petition for boundary change
b) Exhibit 2 -Notice and Order of Hearing
c) Exhibit 3 -Affidavit of Mailing of Notice
of Hearing
d) Exhibit 5 - Copy of 1/15/93 letter from Nine
Mile Creek Watershed District
e) Exhibit 7 -Copy of 1/15/93 letter from Lower
Minnesota River Watershed District
f) Exhibit 9 - City of Richfield chronology of
events relating to 77th .Street project
g) Exhibit 13 - unsigned Exhibit 23
h) Exhibit 16 - bound document entitled "Final Design
Report for 77th Street Storm Drainage
System Improvements" December, 1992
i) Exhibit 19 - bound document entitled "Feasibility
Study for providing an outlet to
Richfield Lake and Wood Lake" March, 1993
j) Exhibit 25 - City of Richfield written statement dated
March 23, 1993
Page 5 of 6
Minnesota Board of Water and Soil Resources
Southbridge Office Building
155 South Wabasha Street,. Suite 104
St. Paul, Minnesota 55107
-------------------------------------------------
In the Matter of the review of the City of
Richfield Petition for a Boundary Change ORDER
relating to Minnehaha Creek Watershed District, APPROVING
Nine Mile Creek Watershed District and Richfield- BOIINDARY
Bloomington Watershed Management Organization CHANGE
pursuant to Minnesota Statutes Section 103D.251.
Whereas., the Board of Water and Soil .Resources (Board) received a
petition from the City of Richfield dated December 7, 1992 that
requests changes to the boundaries of the Minnehaha Creek and Nine
Mile Creek Watershed Districts that would effectively transfer
approximately 1225 acres and 173 acres, respectively, from said
Districts to the Richfield-Bloomington Watershed Management
Organization as further described in Exhibit 1 attached and made a
part hereof, and;
Ahereas, a public hearing was held on January 26, 1993 at the Wood
Lake Nature Center, 735 Lakeshore Drive, Richfield, Minnesota and
continued on March 23, 1993 at the same location before the Dispute
Resolution Committee, and;
Ahereas, the Dispute Resolution Committee approved the attached
Findings of Fact, Conclusions and Recommendations dated April 5,
1993 which the Board duly adopts by reference herein;
Now Therefore, the Board hereby makes the following Order:
ORDER
The Board hereby approves the boundary change requested by the
petition .from the City of Richfield, all in accordance with .the
Findings of Fact, Conclusions and Recommendations of the Dispute
Resolution Committee dated April 5, 1993.
Dated at Saint Paul, Minnesota, this~$ day of April, 1993.
Minnes
and Soil Resources
BY : D . rYames Nielsen, Cha
- PROPOSED WATERSHED BOUNDARIES
AREA PROPOSED TO BE ADDED TO THE RICHFIELD-BLOOMINGTON
WATERSHED MAINTENANCE ORGANIZATION
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ITEM 5
AMENDMENT NO. 1
TO
JOINT PO RS AGREEMENT
authorityand duties of the Richfield-Bloomington Watershed Management Organization
shall be limited to that extent."
IN WITNESS WHEREOF, the Cities have hereunto set their hands the day and year
above first written.
Upon proper execution, this
Agreement shall be a legal and
binding obligation of the City
of Bloomington.
City Attorney
Upon proper execution, this
Agreement shall be a legal and
binding obligation of the City
of Richfield.
City Attorney
CITY OF BLOOMINGTON
By
Its Mayor
By
Its Manager
CITY OF RICHFIELD
By
Its Mayor
By
Its Manager
ITEM. 11
RICHFIELD-BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
1993 ANNUAL REPORT
Table of Contents
I. Financial Report
II. Activity Report (Subsections of this report are lettered to be consistent with
Board of Water and Soil Resources (BWSR) rules 8410.0150 to allow easy
reference)
A. Membership
B. Staff
C. 1993 Work Plan
D. 1994 Work Plan
E. Permits, Variances and Enforcement
F. Water Quality Monitoring
G. Local Plans
H. Information Program
I. Solicitation for Interest for Consultant Services
J. Expenditures
K. Wetland Banking
I. FINANCIAL REPORT
The RBWMO has not expended or accrued funds druing the fiscal year ending December
31, 1993. Therefore, no financial or audit reports are necessary. Richfield and
Bloomington budgeted over $.67 million and $2.4 million in their respective storm
drainage utilities in 1993 to manage and control storm water.
II. ACTIVITY REPORT
A. MEMBERSHIP
NAME REPRESENTING
Cazol Johnson Bloomington
Coral Houle, Vice-Chair Bloomington
Jim Andrews, Secretary Bloomington
Martin Kirsch Richfield
Neil Peterson Bloomington
Donald Priebe Richfield
.Susan Rosenberg Richfield
Michael Sandahl, Chair Richfield
Charles Schuler Bloomington
Tom Spies Bloomington
Russ Susag, Treasurer Richfield
1993 OUTGOING MEMBERS
Jim Andrews Bloomington
Carol Johnson Bloomington
Tom Spies Bloomington
Chazles Schuler Bloomington
1994 INCOMING MEMBERS
Joyce Henry Bloomington
Ann Lenczewski Bloomington
Peggy Ramthun Bloomington
Alisa Heintzeman Bloomington
Vern Wilcox Bloomington
Richfield members can be contacted at:
Richfield City Hall
6700 Portland Avenue South
Richfield, Minnesota 55423
Phone: 861-9700
Bloomington members can be contacted at:
Bloomington City Hall
2215 W. Old Shakopee Road
Bloomington, Minnesota 55431
Phone: 881-5811
B. STAFF
Executive Director:
Jim Gates
Bloomington Deputy Director of Public Works
2215 W. Old Shakopee Road
Bloomington, Minnesota 55431
Phone: 881-5811
Assistant Executive Director:
Michael Eastling
Richfield City Engineer
6700 Portland Avenue South
Richfield, Minnesota 55423
Phone: 861-9792
The City staffs for both cities cooperate to provide necessary staff supart for the WMO.
C. 1993 WORK PLAN
The Board of Water & Soil Resources (BWSR) approved the RBWMO plan
directing the member cities to administer the plan. The stormwater management
efforts of each, city will eventually be codified in their respective local Watershed
Management Plan (WMP). These plans will not be finalized until all the WMO's of
which each city is a member has their WMP approved by BWSR. State law gives
cities two years following the approval of the last WMO WMP within their
boundary for each city to complete their stormwater management. plan. Richfield
is awaiting approval of Nine Mile Creek and Minnehaha Creek Watershed Districts
WMP's. Bloomington is awaiting approval of Nine Mile Creek, Riley Purgatory,
and Lower Minnesota.
In addition to the regular review and permitting authority afforded all cities, both
cities have stormwater utilities which provide a reliable funding source for
stormwater management activities.
Both cities have requested status as Local Governmental Units (LGU) from
BWSR for the purpose of the Wetland Conservation Act of 1994 for the
permanent program effective January 1, 1994.
Bloomington has enacted a Stormwater Quality Ordinance. This ordinance
requires properties that construct one acre or more.. of impervious area, or do
major reconstruction, to provide ponding or funding for both water quality and
water quantity aspects of stormwater management. Bloomington stormwater
infrastructure fund receives approximately $100,000 per year as a result of the
implementation of the ordinance.
Richfield has prepared a stormwater management plan for the area of Richfield
included in the NPDES application made with Minneapolis. Many of the same
management practices will also be applied to the area within the RBWMO.
Richfield. petitioned BWSR to change the boundaries of the RBWMO to include
the area tributary to Wood Lake. The petition was precipitated by a project to
provide an outlet to Wood Lake. This outlet directs the flow to the RBWMO.
The boundary change has. been approved. A map delineating the revised
boundaries is included in this report.
D. Work Plan
The BWSR approved the boundary change for the RBWMO. Both Richfield and
Bloomington are considering amendments that revise the boundary of the
watershed management organization. Once the amendment has been acted on by
the two cities, the amendment would be then processed to BWSR.
Bloomington is working with other municipalities in attaining approval of the
maximum amount of flexibility in regard to the structure and requirements of
watershed management plans with BWSR and the other. regulatory agencies.
Assuming that all the watershed management organizations and watershed districts
of which Richfield and Bloomington are a member have approved WMP's, both
cities will be finalizing their local WMP's.
Bloomington and Richfield are continuing water quality monitoring with sampling
equipment purchased in 1992 and with additional equipment purchased in 1993.
Bloomington is continuing to participate in a study funded by United States
Geological Survey and the Local Road Research Board regarding water quality
from roadway runoff. It is anticipated this study will help municipalities design
water quality ponds and other useful techniques for dealing with pollutants from
non-point sources.
E. PERMITS, VARIANCES AND ENFORCEMENT
Bloomington has had 4 actions pursuant to their status as an LGU for
administration of the interim rules for the Wetland Conservation Act.
F. WATER QUALITY MONITORING
Bloomington and Richfield will be monitoring stormwater quality in 1994 with
sampling equipment.. RBWMO agreed by resolution to cooperate with Met
Council and the Minesota Pollution Control Agency in their efforts to meet their
commitment to the EPA to reduce non-point pollution to the Minnesota River by
40%. Both cities continue to work toward that goal.
G. .LOCAL PLANS
Local plans will be finalized upon approval of the remaining Watershed
Management Plans for the watershed districts and watershed management
organizations in Richfield and Bloomington. Considerable base .information is
being compiled to assist in this upcoming endeavor.
H. INFORMATION PROGRAM
A copy of the publication in the Bloomington and Richfield Sun is attached.
I. SOLICITATION FOR INTEREST FOR CONSULTANT SERVICES
No consultant services were used by the RBWMO in 1993.
J. EXPENDITURES
There were no RBWMO expenditures in 1993.
K. WETLAND BANKING
A wetland banking program for each city as LGU to implement the regulation is
being investigated for potential implementation.
ITEM 12:
PUBLIC NOTICE CONCERNING THE RICHFIELD-BLOOMINGTON
WATERSHED MANAGEMENT ORGANIZATION
The Richfield-Bloomington Watershed Management Organization (RBWMO) is a result
of a joint powers agreement between the cities of Richfield and Bloomington. The
organization was established to manage natural water drainage, retention, and stormwater
management occurring in approximately a 6.8 squaze mile, contiguous area that comprises
portions of eastern Bloomington and southeastern Richfield.. A map of the area is shown
below:
The intent of the organization is to address water drainage issues with in the watershed
that are inter-governmental, rather than local (specific to one_community or the other), in
scope. Goals of the organization include the following:
• Protecting, preserving, and using natural surface and groundwater storage and
retention systems;
• Minimizing public capital expenditures needed to correct flooding and water
quality problems;
• Identifying and planning for opportunities to effectively protect and improve
surface and groundwater quality;
• Establishing more uniform local policies and official controls for surface and
groundwater management;
• Preventing erosion of soil into surface water systems;
• Protecting and enhancing fish and wildlife habitat and water recreational
facilities; and
• Securing the other benefits associated with the proper management of surface
and ground water within the Richfield-Bloomington Watershed.
The RBWMO meets at least once a year in the first 90 days of each year, at which time
the Board elects officers and conducts necessary business. The annual meeting is open to
the public. "
Commissioners of the RBWMO Board are all members of the Richfield and Bloomington
City Councils. Current members of the RBWMO Board are as follows:
NAME REPRESENTING
Carol Johnson Bloomington
Michael Sandahl, Chair Richfield
Coral Houle Bloomington
Jim Andrews, Secretary Bloomington
Martin Kirsch Richfield
Neil Peterson Bloomington
Donald Priebe Richfield
Susan Rosenberg Richfield
Charles Schuler Bloomington
Tom Spies Bloomington
Russ Susag, Treasurer Richfield
1993 OUTGOING MEMBERS
Jim Andrews Bloomington.
Carol Johnson Bloomington
Tom Spies Bloomington
Charles Schuler Bloomington
1994 INCOMING MEMBERS
Joyce Henry Bloomington
Ann Lenczewski Bloomington
Peggy Ramthun Bloomington
Alisa Heintzeman Bloomington
Vern Wilcox Bloomington
Jim Gates, Deputy Director of Public Works for Bloomington, is the current (1993)
Executive Director of the RBWMO. Michael Eastling, City Engineer for Richfield, is the
1993 Assistant Executive Director.
The RBWMO has no direct expenses. Each city budgets and expends funds in their
respective storm drainage utilities to cover costs associated with watershed drainage.
The RBWMO's Watershed Management Plan was approved by the Board of Water and
Soil Resources (BWSR) in 1991. Since the plan has been approved by the RBWMO
Board of Commissioners, the Plan will remain effective until 1995. The plan discusses the
physical environment, land use and development in the RBWMO area; discusses geologic
and hydrologic features of the watershed district; sets forth a management plan for the
district, including the water qualities that will be sought and opportunities for
improvement; describes the objectives and policies of the RBWMO; and, sets forth an
implementation program consistent with the management plan.
The City of Richfield submitted a petition to the BWSR to request that the area tributary
to Wood Lake be added to the RBWMO. The BWSR approved the boundary change in
April of 1993. The petition was precipitated by a proposed project to provide an outlet to
Wood Lake directing the flow of the outlet to the RBWMO.
Both cities have requsted to be the Local Governmental Unit in their respective
communities for enforcement of the permanent regulations of the State Wetland
Conservation Act of 1991.
Richfield is participating with the City of Minneapolis in obtaining a National Pollutant
Dischazge Elimination System permit for the northern portion of Richfield that drains into
the City of Nfinneapolis. This permit is required of all cities with a population over
100,000.
Bloomington has adopted an ordinance requiring most properties that construct one acre
or more of impervious area, or do major reconstruction, to provide ponding or funding for
both water quality and water quantity aspects of stormwater management.
Both cities have adopted Nationwide Urban Runoff Program (NURP) and the Minnesota
Pollution Control Agencies "Best Management Practices" (BMP's) in order to accomplish
improvements in water quality for RBWMO as well as the Minnesota River and the
surrounding communities.
Richfield and Bloomington residents can obtain additional information about the
RBWMO, view the Watershed Management Plan, and/or contact their RBWMO
commissioner by calling. their city halls. Addresses and phone numbers for both locations
aze listed below:
Richfield City Hall
6700 Portland Avenue South
Richfield, MN 55423
861-9700
Bloomington City Hall
2215 W. Old Shakopee Road
Bloomington, MN 55431
881-5811
For publication in the Richfield & Bloomington Sun
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