3i. Resolution Approving the Riley-Purgatory-Bluff Creek Watershed District Agreement and Funding associated with the Bluff Creek Watershed Plan, SWMP 1E 23.;
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Diane Desotelle, Water Resources Coordinator
DATE: May 31, 1995
SUBJ: Resolution to approve the Riley Purgatory Bluff Creek Watershed District
agreement and funding associated with the Bluff Creek Watershed Plan
SWMP lE -2
BACKGROUND
Staff is finalizing the funding for the Bluff Creek water
through the Department of Natural Resources (DNR) to c4
plan to protect and preserve the natural resources of the B
from the City's Surface Water Management funds, $12,01
will come from the Riley Purgatory Bluff Creek W
contribution will be given to the City in June 1995. The'.
City in two payments over the next year.
Attached is the agreement
implementation of the Blul
passed to adopt the agreerr
be contributing $20,000 tc
City before the end "of 199`
1996.
;d coordinator who will be contracted
- dinate the planning process and write a
F Creek Watershed. $20,000 will come
will come from the DNR, and $20,000
rshed District (District). The DNR
trict's contribution will be given to the
i the City of Chanhassen
Watershed Plan. The Di;
RECOMMENDATION
Staff recommends that the City Council pass
funding from the District for the Bluff Creek M
g:\eng\diane\bluffck\rpbcwsd.res
the District for the planning and
has requested that a resolution be
anning process. The District will
lent of $10,000 will given to the
en to the City on or before July 1,
hed resolution adopting the agreement and
Plan.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: June 12, 1995 RESOLUTION NO:
MOTION BY: SECONDED BY:
95-
DRAFT
A RESOLUTION ADOPTING THE AGREEMENT AND FUNDING FROM THE RILEY
PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR THE BLUFF CREEK
WATERSHED PLAN
WHEREAS, the City of Chanhassen is concerned about the protection and preservation of the
Bluff Creek Watershed; and
WHEREAS, the Riley- Purgatory-Bluff Creek Watershed has agreed to contribute funds to
prepare a watershed plan for Bluff Creek.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby adopts
the City of Chanhassen and Riley- Purgatory-Bluff Creek Watershed District Agreement for Planning
and Implementation of the Bluff Creek Water Management Project dated May 3, 1995.
Passed and adopted by the Chanhassen City Council this 12th day of June, 1995.
ATTEST:
Don Ashworth, City Clerk/Manager
YES
Donald J. Chmiel, Mayor
NO ABSENT
g:\eng\diane\bluffck\95- wsr.res
P OPHA HAIK
I SCHNOBRICH & KAUFMAN, LTD.
TEL 303 -530 -0050
TEL 612- 333 -4800 • FAX 612- 334 -8888
STUTTGART, GERMANY
' WASHINGTON, D.C.
TEL 202 - 824 -8000 TEL 0 149-711-22363
RAYMOND A. HAIK, ESQ.
DIRECT DIAL (612) 334 -2609
' May 5, 1995
I Mr. Conrad Fiskness
8033 Cheyenne Trail
' Chanhassen, MN 55317
Re: Riles Pur a� tory Bluff Creek Watershed District Water Manage Plan
' Our File No. 03826.008
Dear Conrad:
' I enclose four copies of the Agreement between the District and the City of
Chanhassen. Please sign all four copies and deliver them to Diane Desotelle for approval by
' the Chanhassen City Council. By copy of this letter I am requesting that Diane Desotelle
return three of the signed Agreements to me for various files of the District.
' The first funding obligation is the payment of $10,000 on or before the end of the
year. The City of Chanhassen, I assume in time for the final tax settlements that the District
will receive in late November or December, will submit an invoice requesting payment of the
' initial $10,000 installment. Attached to the Agreement is a draft of the Basic Water
Management Project Petition which, under the terms of the Agreement, will be initiated
following the completion of the comprehensive resource plan for Bluff Creek by the
' Minnesota Department of Natural Resources.
' Very truly yours,
' Raymond . Haik
' RAWcmw
Enclosures
cc Ms. Diane Desotelle
' Board of Managers
002/18071677 5 /5/95
INCLUDING THE LAW PRACTICE OF
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MINNEAPOLIS, MINNESOTA 55402 -3336 L
LEIPZIG, GERMANY
MIAMI, FLORIDA M
TEL 01 149-341-4918429
I Mr. Conrad Fiskness
8033 Cheyenne Trail
' Chanhassen, MN 55317
Re: Riles Pur a� tory Bluff Creek Watershed District Water Manage Plan
' Our File No. 03826.008
Dear Conrad:
' I enclose four copies of the Agreement between the District and the City of
Chanhassen. Please sign all four copies and deliver them to Diane Desotelle for approval by
' the Chanhassen City Council. By copy of this letter I am requesting that Diane Desotelle
return three of the signed Agreements to me for various files of the District.
' The first funding obligation is the payment of $10,000 on or before the end of the
year. The City of Chanhassen, I assume in time for the final tax settlements that the District
will receive in late November or December, will submit an invoice requesting payment of the
' initial $10,000 installment. Attached to the Agreement is a draft of the Basic Water
Management Project Petition which, under the terms of the Agreement, will be initiated
following the completion of the comprehensive resource plan for Bluff Creek by the
' Minnesota Department of Natural Resources.
' Very truly yours,
' Raymond . Haik
' RAWcmw
Enclosures
cc Ms. Diane Desotelle
' Board of Managers
002/18071677 5 /5/95
CITY OF CHANHASSEN AND RILEY- PURGATORY -BLUFF
CREEK WATERSHED DISTRICT AGREEMENT FOR
PLANNING AND IMPLEMENTATION OF THE BLUFF CREEK
BASIC WATER MANAGEMENT PROJECT
THIS AGREEMENT, entered into this 3rd day of May, 1995, between the City of
Chanhassen hereafter ( "Chanhassen ") and the Riley- Purgatory-Bluff Creek Watershed District
hereafter ( "District ") is intended to complete a Bluff Creek Land and Water Resource Plan
and thereafter complete a Bluff Creek Basic Water Management Project in accord with
District's Water Management Plan and the Minnesota Watershed Act, Chapter 103D.
CHANHASSEN OBLIGATIONS
1. Chanhassen will prepare a comprehensive Land and Water Resource Plan for
the Bluff Creek Watershed, which Plan will identify the basic water management features to
be the subject of the Basic Water Management Project Petition to be submitted by
Chanhassen to the District.
2. Chanhassen will request cost - sharing funds from the Minnesota Department of
Natural Resources, Metropolitan Council and other sources for preparation of the Land and
Water Resource Plan for the Bluff Creek Watershed.
3. Chanhassen will utilize staff of the Minnesota Department of Natural Resources
in preparation of the Bluff Creek Water and Land Use Plan.
4. Chanhassen's contract with the MDNR shall include the requirement to
specifically identify the surface and groundwater resources of the basin, including
multipurpose water storage detention sites, wetlands, water quality basins and other basic
water management improvements consistent with the District's approved Water Management
Plan.
The Land and Water Resource Plan shall also identify land uses, reforestation areas,
natural areas and other improvements in addition to the basic water management features of
the Plan.
5. Chanhassen will complete the Plan no later than December 31, 1996, and upon
Plan completion, and no later than March 1, 1997, the City Council shall submit a Project
Petition for at least the basic water management features of the Plan pursuant to the
provisions of the Minnesota Watershed Act, Chapter 103D. Chanhassen, at its option, may
include in its Project Petition other improvements identified in the Land and Water Resource
Plan.
A draft of the Project Petition (Attachment A) is made a part of this Agreement by
reference.
00?/I R(1 0 R 5 /5/QS
' 6. Chanhassen's Petition will recognize as project costs all staff costs incurred by
the District in the Plan preparation and prior District costs for acquisition of flood plain and
' open space lands, including site restoration, real estate taxes and closing costs. The legal
description of the land acquired by the District in anticipation of the project is shown on
Attachment B, which is made a part of this Agreement by reference.
' WATERSHED OBLIGATIONS
' 7. The District agrees to provide funds for the preparation by Chanhassen of the
Bluff Creek Water and Land Use Plan in the amount of Twenty Thousand Dollars ($20,000)
payable in installments of Ten Thousand Dollars ($10,000) on or before the end of the year
1995 with the balance of Ten Thousand Dollars ($10,000) payable on or before July 1, 1996,
subject to the following conditions:
' a. That the staff of the District be involved in the Plan
preparation.
' b. That the Water and Land Use Plan shall specifically
identify those portions of the Plan which are basics
eligible for District funding as a Basic Water
' Management Project in accordance with the provisions of
the Minnesota Watershed Act. In the event Chanhassen's
Petition includes other improvements identified in the
' Land and Water Resource Plan, the District will assist in
the cost of such other improvement in accord with the
District's cost - sharing policy for municipal/District
' projects.
'
C. That upon completion of the Plan, and the submission by
Chanhassen of a Basic Water Management Project
Petition to the District pursuant to the provisions of the
' Minnesota Watershed Act, the District will proceed to
implement the Project Petition and fund the basic water
management features of the project pursuant to Minnesota
' Statutes Sections 103D.605 and 103D.905, Subd. 3, and
the District cost - sharing policies.
DEFAULT AND TERMINATION PROVISION
In the event Chanhassen fails to petition for a Basic Water Management Project, it
' shall promptly pay, and no later than July 31, 1997, to the District the $20,000 advanced from
its Administrative fund for project planning.
L '
1 002/18066038 5/5/95 2
Adopted by the Board of Managers of the Riley- Purgatory-Bluff Creek Watershed
District on this 3rd day of May, 1995.
RILEY- PURGATORY -BLUFF CREEK
WATERSHED DISTRICT
7.
y --
Conrad Fiskness
Its Chairman
Adopted by Resolution of the Council of the City of Chanhassen on this day of
1995.
CITY OF CHANHASSEN
By
Donald J. Chmie
Its Mayor
CITY OF CHANHASSEN
By
Donald Ashworth
Its Manager
002/18066038 5/5/95 3
DISCUSSION DRAFT 01/06/95 (1:06 pm)
I RILEY- PURGATORY -BLUFF CREEK WATERSHED DISTRICT
' In The matter Of The Petition Of The )
City Of Chanhassen For The Bluff Creek ) PETITION OF THE
Basic Water Management Project 1995 -1 ) CITY OF CHANHASSEN
' WHEREAS, the Riley- Purgatory-Bluff Creek Watershed District water management
plan provides for the planning and implementation of Basic Water Management projects
pursuant to the provisions of the Minnesota Watershed Act, Sections 103D.605, 103D.705 and
' 103D.905; and
WHEREAS, the Chanhassen City Council has designated Bluff Creek Watershed as an
' environmental and recreational resource, which area is exclusively within the City of
Chanhassen; and
WHEREAS, the Riley- Purgatory-Bluff Creek Watershed District has acquired
undeveloped lands abutting Bluff Creek for water management, public access, open space and
flood plain purposes; and
WHEREAS, the City of Chanhassen, prior to preparation of final plans and
specifications, desires to prepare a preliminary schematic natural resource management for
Bluff Creek with planning assistance and funds from the Minnesota Department of Natural
Resources; and
WHEREAS, a Bluff Creek Basic Water Management planning and implementation
project has as its goal the demonstration that urban development can occur in harmony with
the protection and restoration of natural resource values in urbanizing watersheds.
NOW, THEREFORE, be it resolved that the City of Chanhassen petition the
Riley- Purgatory-Bluff Creek Watershed District, pursuant to the provisions of Minnesota
Statutes Sections 103D.705 and 103D.605, to undertake the Bluff Creek Basic Water
Management project, which will be a benefit to all the residents of the District.
DESCRIPTION OF PROTECT AREA
The Bluff Creek project is identified in the Watershed District's comprehensive water
management plan and on the attached map, which is made a part of this Petition.
PRELIMINARY SCHEMATIC PLANNING
The City requests that the project planning and implementation occur in stages, with
' the first stage being a preliminary schematic resource plan for the Bluff Creek Watershed
District prepared with the assistance of a watershed coordinator to be jointly selected by the
City and Watershed District. The Watershed Coordinator will be assigned the task of
' identifying unique natural resource features and water management and protection sites,
1 002/180604841/6 /95
DISCUSSION DRAFT 01/06/95 (1:06 pm)
including wetlands, wildlife areas, prairie lands, forest lands and sites for wetland and forest
restoration. The schematic plan is to be submitted to and approved by the City of
Chanhassen and the Watershed District prior to preparation of the District Engineer's report
and preliminary plans and specifications for submittal to the Division of Waters of the
Minnesota Department of Natural Resources and the Board of Water & Soil Resources for
their review and reports prior to the public hearing on the project.
COORDINATION WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES
This Petition is conditioned upon the Watershed District joining in the City's request
for Minnesota Department of Natural Resources funds and services to complete the
preliminary schematic resource management plan for Bluff Creek Watershed.
BASIC WATER MANAGEMENT FEATURES
Petitioner's goal for the Bluff Creek Watershed, which lies entirely within the City, is
to develop and implement a comprehensive natural resource plan that will allow urban
development to occur in harmony with protection and restoration and natural systems of the
watershed. The project report shall identify the natural resources, wetland, wildlife, site
restoration, forestry, trails and eco systems to be included in the project plan, including the
description of the lands to be acquired to construct and implement the plan.
PUBLIC HEALTH, WELFARE, NEED AND NECESSITY
The urbanization of the Bluff Creek Watershed is accelerating and the protection of
the critical water storage, flood plain, open space, recreation, wetland, prairie and forest areas
requires prompt completion of the preliminary schematic resource plan and Basic Water
Management project implementation as priority objectives of the petitioner and Watershed
District. Completion of the Bluff Creek Basic Water Management project will enhance the
value of property adjacent to the area, provide protection against the damage of uncontrolled
flood waters and preserve and enhance important marsh, wetland, prairie, forestry, water
quality and wildlife habitat of the Watershed and the public areas. The public trails,
recreational and other public areas will be of common benefit to the entire District and will
be open to and available for general public use.
FINANCING
It is a condition of the Petition that the preliminary schematic plan be completed and
approved by the City and District prior to the preparation of the Engineer's report required by
Minnesota Statutes Section 103D.605, and that 100% of the Basic Water Management
features and costs of the project be paid for and funded by the Watershed District, as
authorized by Minnesota Statutes Section 103D.905, Subdivision 3. The petitioner states it
will pay all related costs and expenses which may be incurred by the District in case the
002/18060484 1/6/95
1 DISCUSSION DRAFT 01/06/95 (1:06 pm)
proceedings are dismissed or if for any reason no contract for construction and completion of
the Basic Water Management project is let.
' Dated: ' 1995
' CITY OF CHANHASSEN
By
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