CR 97-117 Minnehaha Creek Watershed District Agreement
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June 12, 1997
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Council Report 97-117
Review Minnehaha Creek Watershed District Agreement
Proposed Action.
No formal action is necessary. This agenda item is to update City Council on
dealings with the MCWD and seek input on issues relative to the
establishment of a City of Hopkins regional wet detention basin.
Overview.
City staff has not been able to negotiate a satisfactory agreement with the
MCWD. As a result, staff has informed Semper Development
(WalgreenslWhitecastle redevelopment) that the City cannot help them
overcome their current shortfall of required volume in an on-site wet
detention basin. Semper has been discussing alternative approaches,
including underground storage, with the MCWD to no avail. City staff is
making progress with the MCWD but a more detailed analysis of alternative
sites, costs, funding, future benefit, and detention basin control/use policy is
needed. Currently, the MCWD engineer is taking a closer look at the
feasibility of two potential detention basin sites. Those sites are: 1) 2.5 acre
site just north of the Madison CirclelMadison Avenue North area, and 2) 3
acre site just west of ABM Equipment and north of 2nd Street N.E.
On a related note, MCWD has decided to form a taskforce of elected officials
and city staff to address concerns with their rules. The first meeting of this
taskforce is June 24th.
Primary Issues to Consider.
. Preliminary site analysis results
. Control and use of a regional detention basin
Supnorting Information.
. MCWD June 3rd letter
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Steven J. Stadler, Public Works Director
Analvsis ofIssues.
. Preliminary site analysis results
The most favorable sites are the two mentioned previously in the overview
section of this report. Both of these sites have a land cost of approximately
$100,000. The volume of storage possible at these sites is approximately 9 -
12 acre-feet. (One acre-foot is equal to about 300,000 gallons) The volume
of water storage required for the WalgreenslWhite Castle redevelopment is
0.5 acre-feet. The City requirement for reconstruction of segments 3 and 4 of
Excelsior Boulevard will be approximately 3 acre-feet.
The Alliant-Tech site (parking lot area east of Tyler Avenue) was also
considered. It has an estimated land purchase price of $436,000, to construct
a 15 acre-foot detention basin, and has been deemed cost prohibitive.
Control and use of regional detention basin
The current MCWD rules allow developers to work directly with the
watershed district on purchase of detention basin volume in lieu of on-site
storage. Additionally, future payments for use of the basin by prospective
developers would go to the MCWD only. Despite a substantial City
investment in purchase of the land, we'd have no control of future use of the
basin and receive no share in future payments for use of the basin. Staff feels
that this portion of the MCWD rules should be changed. Additionally, staff is
concerned about using Hopkins storm sewer utility funds for purchase toward
a basin which will not only provide benefit for future public improvements but
private developments, as well. If City Council feels that "selling" portions of
the basin to benefit private developers is proper, staff would need to develop
a policy including a potential payment to the City (reimbursement for land
purchase and maintenance costs) and when a redevelopment would qualify to
benefit through purchasing basin volume.
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Minnehaha creek. Watershed District
Improving Quality of Water, Quality of Life
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Gray Freshwatdr Genter
Hwys. 15 & 1 S, Navarre
Mall:
2500 Shadywood Road
Exeelsior. MN 55331-9578
Phone, (012) 471-0590
Fax: (612) 471-0682
Email:
admin@mnwater5he~.or~
Web S~e:
www.mnwatershed.or~
Board 01 Managers:
JeThOmas
ident
Pamela G. Blixt
Vice President
Monica Gross
Secretary
Thomas W. LaBounty
Treasur!r
C. Woodrow Love
Thomas Mapie, Jr.
Malcolm Reid
Di,trict DNloe:
Eugene R. Strnmmen
District Director
Suzanne M. Weedman
Ass!. District Director
~ I"r1m~oonr~lellp,t(lefQOolf.alnln'l
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June 3,1997
Mayor Chuck Redepenning
City of Hopkins
Re: Stormwater Mana!!cmcnt Task Force
Dear Mayor Redepenning:
On May 28, 1997, the MilUlesota Board of Water and Soil Resources
("BWSR") approved our Water Resources Plan. The Plan is the culmination
of nearly two years of work with OUf Citizens Advisory Committee,
Municipalities, the Metropolitan Council and state agencies to develop a plan
to guide the MCWD activities for the next five years.
Near the end of the approval process for our Plan, several
. . municipalities expressed concerns regarding stonnwater management policies;
watershed district property tax levies and the need for local cost sharing; and
the process of transferring stonnwater management authority from the MCWD
to municipalities. The BWSR's approval of the Plan reflects several revisions
addressing these issues. We are appreciative to Hennepin County, BWSR, and
the City of Richfield fbr w()Tkinlj with us to identifY mutually acceptable
revisions to our Plan.
Perhaps the issue that has gained the most attention from municipal
officials within our watershed recently is the stormwater management n~le
(Rule B) wlo:~h we adopted 18 months ago to provide for greater protection of
water quality. Specifically, we now require that land development, and .
redevelopment within the watershed meel the established standards of Ihe
Environmental Protection Agency's National Urban Runoff Program (NUR.P).
From the beginning, municipal representatives have affirmed our
perspective that it is preferable to develop a system of "regional ponds" to
manage stomlwaler mnoff. rather than have smaller ponds at each individual
site of development. As a result, our rules provide that where it is not feasible
10 construct a pond meeting NURP standards on site, a developer can. in the
altemative, contribute a payment (based on an equitable detailed formula) to
cover the equivalent cost of providing stonnwater treatment capacity in a
larger regional pond off-site.
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June 3, 1997
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cover the equivalent cost of providing ~tonnwater treatment capacity in a
larger regiohal pond off-site.
Our rules also recognize that it is inappropriate to accept a developer's
contribution if there is no concrete plan in place for a regional pond within the
subwatersned area containing the development (the MCWD is divided into 15
subwatersheds which vary in size but are approximately ten square miles em
average). Rule Brequires that in order to accept a developer's contribution,
there must be an agreement in place with the relevant municipality for a
regional pond or a' planned District stormwater treatment project within the
same subwatershed.
Currently, the MCWD has either signed agreements or active
discussions developing agreements with seven municipalities within the
watershed. We have found thus tar that developers not only understand and
endorse the purpose of a regional Stomlwater management system, but prefer
to make contributions instead of con~tT\lcting and maintaining individual
ponds.
After 18 months of cxperience with these revisions to Rule B, we
would be the first to recognize that this initiative in storm water management
policy has also encountered some controversy along the way. Several
municipalities within the watershed would prefer to ~sume complete
responsibility for storm water management. and arc close to doing so in
conjunction With the approval of their local water management plans, pursuant
to the Metropolitan Surface Water Management Act. Other municipalities see
the need for regional ponding systems. but are looking to the MCWD for '
substantial technical and financia.l assistance. Some municipalities have become
frustrated with the provision of Rule B that requires that a ponding 81,,'I'Cement
be in place prior to developer's contribution and watershed district approval of
the devclopment and acceptance of the developer's contribution.
We believe that all of these concerns reflect reasonable differences in
perspectives about challenging problems: providing for sound land use and
development policy, protecting our water resources, and minimizing
unnecessary delay. .
The MCWD has concluded that it is appropriate and timely to convene
a Stormwater Management Task Force to address these concerns with Rule B.
Our goal is to maximize public input from citizens. municipalities, other
."
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government agencies, developers and environmental conservation
organizations.
We invite your city to name a representative to this task force. The
first meeting of the task force will be June 24, 1997 at Gray Freshwater Center
at 10:00 a.m. to 12:00 noon. Meanwhile, please do not hesitate to contact me
or any of the members of our Board of Managers, or our new District
Administrator, Diane Lynch, to discuss these issues. Your involvement is
necessary to a successful outcome.
v cry truly yours,
tJHVru E. J!J{J/yw'-<V
John B. Thomas, President
MCWD Board of Managers
cc: City Administratorl!vfanager
. Public Works Director
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