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HomeMy WebLinkAbout2010-04-21 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 4/21/2010 PREPARED BY Administration Ryan Schroeder ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider approving the mediated Petition and Agreement with the Board of Water and Soil Resources. STAFF RECOMMENDATION Approve the mediated Petition and Agreement SUPPORTING DOCUMENTS: ® MEMO /LETTER: Memo from Ryan Schroeder. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Attachments. ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER Document2 Subject: Approval of BWSR Boundary Petition and Agreement On June 29, 2009 the Board of Water and Soil Resources (BWSR) approved a petition by the Lower St. Croix Water Management Organization ( LSCWMO), the Cities of Cottage Grove, Hastings, and Afton and the Township of Denmark to absorb the LSCWMO into the South Washington Watershed District (SWWD). Subsequent to the order a citizen petition was filed with BWSR to undo the June 29 action and to provide that the LSCWMO primarily be absorbed into the Valley Branch Watershed District (VBWD). At the same time, the City of Woodbury filed suit to overturn the initial BWSR order. On December 16, 2009 BWSR, on a 10 -9 vote approved the citizen petition placing the LSCWMO primarily within the VBWD. That action resulted in Denmark and Cottage Grove filing suit on January 12, 2010. Subsequent to the December BWSR decision the parties discussed entering a mediation process in an attempt to come to some form of mutual agreement on the issues. The parties agreed and the first mediation was held on February 18, 2010. Mayor Myron Bailey was authorized by Council to represent the City in the mediation process which was managed by Washington County. Additional participants included BWSR, SWWD, VBWD, Woodbury, and Denmark Township. The second meeting of the group was held on March 4, 2010 followed by a meeting with staff and City /Agency attorneys on March 29. The scheduled last meeting of the group was held on April 15, 2010. At that meeting the group achieved apparent consensus on a Petition to BWSR fora Boundary Change and an Agreement between the parties on management of the Boundary Change. The documents that the group worked from to finalize the agreements are enclosed for your review. The final clean copies of the proposed actions will be presented at your table. It is proposed that the parties to these agreements affirm the handshake between now and mid May in order for the County Board to take action on May 18, 2010. That will allow BWSR to adopt a motion scheduling a public hearing at their June 23 meeting. The hearing and decision would be at the BWSR meeting of August 25. In the meantime Denmark and Cottage Grove have agreed to request a stay of their suit until the BWSR decision. Woodbury will attempt the same action but it is thought that it may be too late in the process to affect a stay. Mayor Hargis has committed that Woodbury will instead stand by this agreement regardless of the outcome of their suit (if it is in fact too late for the stay). Upon BWSR approval of the petition in August all suits pending at that time would be requested to be dismissed. At a workshop of April 7, 2010 the City Council provided consensus direction for the Cottage Grove position going into the April 15 mediation. The primary issues for the Council included that the requirement within the proposed agreement for the SWWD to acquire land within the East Ravine for the Central Overflow project be delayed from 2012 to 2014. That date has been agreed to by the parties. The second primary issue was that the SWWD provide improvements in the Central Ravine district of Cottage Grove by the end of 2014. That request was also agreed to by the parties which will result in new modeling for the district to re- evaluate the amount of regional drainage that could be handled once structure and ponding improvements are provided. The third was that construction of the Central Overflow could be extended beyond 2020 with agreement of the parties. That agreement also took place. Various other changes to the documents occurred in consideration of statutory language requirements or nuance for one reason of another. None of those changes have significant impacts or vary from the preliminary handshake that had occurred at the May 4 mediation. Options: 1. Decline approval of the petition and agreement. This action would result in reliance upon a Court determination of the watershed boundaries 2. Approve the petition and agreement. If all parties agree as expected this action would result in the LSCWMO territory being absorbed primarily into the SWWD. Recommendation By motion authorize approval of the mediated Petition and Agreement as noted above. STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES 520 Lafayette Road North St. Paul, MN 55155 - ---------------------------------- In the Matter of the Petition of Washington County to change the boundary of the South BOUNDARY CHANGE PETITION Washington Watershed District and the Valley Branch Watershed District TO: Board of Water and Soil Resources, 520 Lafayette Road North, St. Paul, MN 55155 Petitioner, Washington County, a body politic and corporate, pursuant to Washington County Board Resolution No. 2010 - does hereby (BWSR) to change the boundaries of the South Valley Branch Watershed District (VBWD) [ following reasons::; 1. Both of Water and Soil Resources District (SWWD) and the Statute 103D.251 for the watershed districts located entirely Statute 103D.251, subd. 2 allows the the district or transfer of territory to the jurisdiction of added are contiguous to the existing SWWD and Comment[A1]: suggestionfr mswwn an proposed are described on the map attached hereto as The proposed SWWD consists of a total of 110.38 square miles, of which 4.82 square miles are located within the City of Afton 36.56 square miles are located within the City of Cottage Grove 30.14 square miles are located within Denmark Township i Exhibit A. 2.71 square miles are located within Grey Cloud Island Township 0.40 square miles are located within the City of Hastings 0.98 square miles are located within the City of Lake Elmo 3.89 square miles are located within the City of Newport 1.02 square miles are located within the City of Oakdale 3.61 square miles are located within the City of St. Paul Park 26.25 square miles are located within the City of Woodbury The proposed VB WD consists of a total of 71.33 square miles, of which 21.01 square miles are located within the City of Afton 4.44 square miles are located wi'fhin'Baytown Township 4.33 square miles are located within the City of Grant 22.93 square miles are located within the City of Lake Elmo 0.87 square miles are 16eated within the City of M ahtomedi 5.55 square miles are located within the City of Oakdale 0.30 square miles are located within the City of Oak Park, Height 0.90 square miles . are located within thr City of Pine Springs 0.08 square miles are located within the City of St. Mary's Point 7.47 square miles are 1¢cated within Vest Lakeland Township 2.75 square miles are located within the City of Woodbury 0.10 square miles arc; located within the City of Maplewood are located within the City North St. Paul are located within ifti' 3✓'ity of White Bear Lake 3. The for the boundary change between Exhibit a. The boundary change would be conducive to the public health acid public welfare and for the purposes of Minnesota Statutes Chapters 103B and Comment [A21: WaCo mUched changes to j expand ex planation ofbm fits and smmil, water govemancestedygoals:: Remy derelVata Goremance language was removed 7 - J031J. -- Comment [A3]: The VBWD Managers might ask ' that this beremrned because the rent bou dary is!� � wndvemeto thepubiicheahh and elfare.4 /5 b. The boundary change would create a water management structure that will - -- -- - _a provide long term protection for surface and groundwater kesources. j Comment [A4]: The VBWD Mana might ask thai,hieberemocedbecauaetbec n=tboundwy provides long term protection for smiing and C. The bounda change would increase efficiency and effectiveness of water we noawmer resnnr s. Sl> resource mau agement in this area Comment [AS]: vawD and Cit of W codne, -- �snggestdere„ng d. The boundary change would accomplish the objectives that were developed through the watershed boundary mediation process which involved BWSR, Washington County, SWWD, VBWD, City of Cottage Grove, Denmark Township, and City of Woodbury in accordance with the Memorandum of Agreement (Exhibit B) adopted by Washington County, SWWD, VBWD, M City of Cottage Grove, Denmark Washington County has worked with Denmark Township, City of recommendations for key issi the SWWD and the VBWD; management plans,'and bo to the approvedadopted a Men these upon approval of this developed by these representatives and Commeirt[aTr.: SWW D,.gges, p-4n ema;I.� for changing the boundaries of the The and City of Woodbury. ves of City of Cottage Grove, TD, and VBWD to develop )sed boundary change between icier, implementation of water The local governments have _(Exhibit B) to tommeot [aek swwDsuggea�a cemrau paan _ .... _ em aS'. m tl the be in each watershed district by this boundary change will be guided and managed consistent with a watershed management plan as prepared, adopted, and implemented in accordance with requirements in Minnesota Statute 10313.205 103B.255. eommeot [aa1: Suggestion to remove it S MT411em a. The Board of Water and Soil Resources may stipulate that the watershed districts incorporate the areas from the proposed boundary change in management plan amendments within a year of the boundary change. The mment [a9'j s�sfes<,� ,e cban8cian6uage from SWWD 411 email` 3 SWWD will adopt the former Lower St. Croix Water Management Organization (LSCWMO) water management plan. The SWWD shall Q amend its watershed management plan pursuant to Minnesota Statute 103B.205- 103B.255 to include the Lower St. Croix sub - watershed area within one year. The SWWD shall Water Management Plan as the plan for this 10313.205 - 10313.255. The SWWD wilt apply re the receiving wafeJ body and defined by dopt the Lower St. Croix f Cm!..t[aio3aad ft. W. b!14 rs 2009 Water Management commentinu7 :eri�nr�aanmzoos1oaoo9r.'.] Denmark co�mnrnt .ant to Minnesota Statute quality standards defined by _. on discrete geographical locations the separate standards for _ .,.. River and the Mississipj j C. d. Central Draw Overflow in a timely manner as defined in the 2907 , SWWD ;Watershed Management Plan. TheCentral Draw Overflow will be phased through major elements of the project and be fully operational by January 1, 2020 with necessary land acquisition therefore being completed by June 30 X014. Completion of each element will be coordinated with the planned development as defined in the Cit y of Woodbury and Cottage Grove 2020 comprehensive plans. For the purpose of collecting revenues and paying the costs of projects in the Lower St. Croix sub - watersbed in the SWWD a water management district pursuant to Minnesota Statute 103D.729 shall be established. The 4 former Lower St. Croix territory shall pay 100 percent of the costs of any projects that are needed within the territory of the former �.SCWMO',. ' Comment[a231: Snggeshon fromSW WD 4n — - ---- ail and will guarantee the implementation of the Overflow Project. comment [azzl: Mk. 'I ne vBW D sugge 2 2J: on wbat VBWn manov veil 1 e. The cost of projects for the territory within the existing SWWD shall be paid for by territory within the existing S and none said costs shall be charged to the former LSCWMO territory being added to the SWWD �Comment[a23]: Svgges¢on from SWWD 4/1 __ Similarly, The cost LSCWMO and non existing before f. Administrative new of territory services that are provided Com ment [A241: Supyz atio� from WoMbury 4/6 j shall be funded using a collected by Washington County as a part of SWWD, the former LSCWMO territory I eommont[AZSl:nemnanInon V suggest including mformanon ov what XBWU will 'd 1 administrative budget and proportional costs of annual SWWD operational programs based on the ad valorem tax rate for said hosts. g. The full range of funding options available to both, watershed districts under Minnesota Statutes Chapters 103D and 103B will be considered to fund Comment [A261: Saggeshon from SWWD 4/1 I email: water quality and water quantity projects. Funding should be determined Comment [a2�1: sogpeat�nn frnm wn, Mbnrvto ..... - -. _ _ -. delete a/b :1 on a project -by- project basis, based on project benefits, costs (including administrative costs of the financing options), and equity. The SWWD 5 shall finance projects on a sub - watershed basis through revenue collected using a stormwater utility fee according to Minnesota Rules Chapter 4441. - CommentlA2E 7csuggesti.fomswwD4/1 t) un azi I For the purpose of collecting revenues and paying the costs of projects in the SWWD a Lower St. Croix sub - watershed will be established as a water management district pursuant to Minnesota Statute 103D.729. The h. SWWD will amend the St. Croix Watershed as a collecting revenues 103B.P3 P,.. ... Currently therSW)& the SWWD board the VBWD board of to The SWWD would be consistent with { commentlAaol :s�iz-- at- a�taz�s�aeo s tamtc firm Waco subd. 3(c) which states that managers must be plan to include the Lower district for the purpose of the costs of nroieets initiated under section -(Comment [A29j pers WD 417 .a+l The county is requesting five. Currently the VBWD at the various hydrologic areas within the There are eleven subwatersheds in the proposed Five of these subwatersheds are within portions of the City of Woodbury. Additionally tTbe county, upon agreement by all parties, will ensure that at least two managers on the SWWD board live in Comment [A311. sngges hmn W oo bn,ya Comment (A32): CG states tfiat fie ag,eem.1 uas nyv uo menages' ° %wogvanag the City of Woodbury. The remaining three managers will be appointed to t a1e.I but ffs' ftom evna fain represent the variousremainin hydrological ar'eassubwatersheds CommentiA337 seg�to�ro, =,Wnoabna,63, Y P g toctiang n t =nay' _ _ 6 within the SWWD. In accordance with Minnesota Statute 103D.311, solid. 3(a) the county will appoint managers from a list of persons nominated by the townships and municipalities located within the watershed district. The list must contain at least ;three nominees for each , - -- comment [A34]: wuodbnry requestedtwoper j -- - - - - -- -- - - - - -- -- J 4/ 6 ema St ature says three manager's position to be filled. Oe list must be submitted to The county at feast 60 days before the manager's term of office expires..: The county commissioners may appoint any managers from towns and municipalities that fail to submit a li prior to the managers'. THEREFORE, Washington County after setting a time and location for a hearing c and conducting a hearing as required by law, further Minnesota Statute 103B and 1030, Wl and Soil Resources issue . its order granting the the Board of Water and Soil Resources, itio';and giving notice as required by law e public welfare and public interest and at I. " That the and the VBWD be changed as set forth on the map attached hereto as Exhibit A. 2. That the area in each watershed district shall be guided and managed consistent with the current management plan of the watershed management organizations in accordance with Minnesota Statute 10313.205 — 103B.255. She current LSCWMO plan will apply until updated: 3. That the conditions stated in item 4 (a. — i.) of this petition be incorporated in the Comment[A351:i Waco suggestion 4/12 change'. theaoMmgto read. Ifa list ofaaaai aisnot received or days city orto Nem to s It nnt a zeta list of exFota, or tf a ctry oftown fails to sub list of nominees, the county may appoint any qualified 1 managers Nat they so choose. want -- (fAmme. [A3O Snggestedadil Onfrom LWoodbary 416 7 Board's order. Date: DOUG JOHNSON, COUNTY ATTORNEY WASHINGTON COUNTY, MINNESOTA By Doug Johnson Washington County Attorney Washington County Government Center 14949 62nd Street North Stillwater, Minnesota 55082 ... (651)430 -6116 Attomev Registration No. 0050957 04/14/2010 Draft D OCUMENT NOT YET APPROVED Y WASHINGTON COUNTY ATTORNEYS, OFFTCE� AGREEMENT This Agreement dated this _ day of May, 2010 by and between the City of Cottage Grove, Denmark Township, City of Woodbury, South Washington Watershed District (SWWD), Valley Branch Watershed District (VBWD), Board of Water and Soil, ResourcesS(BWSR), and Washington County (County) does state as follows: commentpczl:w K oce ix_a eeoa a Whereas, all parties desire effective and efficient management of water resources which �s for local control; of the townships and municipalities within the district under:Minn. Stat.:See, 103D.311, spbd. 3.. wa f [c31: smn m n Co in Meixa _ Whereas, all parties desire the SWWD board of managers to remain at five (5) while also ' representing the geographic needs and interests of the areas located within the watershed: b I and rewordWlan be eonatsWw vnth petmov ;. E - /SWWD Removedand L== Cgmment[C4]: Wdbv by l anguage from W.hmgton C u.ty_� Whereas, all parties desire that Washington County ensures that two of the five managers will be appointed from the City of Woodbury from qualified nominees submitted by the City of Woodbury, provided there are adequate qualified applicants to fill these positions; and that the remainder of the managers will be appointed to represent the other hydrological areas within the SWWD; Whereas, all parties desire that Washington County appoint managers from a list of Comment [esd w; tea cenap i. persons nominated by the townships and municipalities located within the watershed district. The list must contain at least three nominees for each manager's position to be filled. Whereas, all parties desire to ensure financing of capital projects within the subwatersheds within the SWWD that are equitable and reasonable to property owners within the watershed and all parties desire the formal creation of the Lower St. Croix subwatershed taxing district by the SWWD to fund capitalSWWD projects within the Lower St. Croix subwatershed taxing district until the next SWWD Water Management Plan is completed and adopted. ; Whereas, all parties desire the SWWD to adopt the watershed management plan and rules of the former Lower St. Croix Watershed Management Organization for hydrological and stormwater management needs within the Lower St. Croix subwatershed until the next SWWD Water Management Plan is completed Comment [C67: WdbvJSW W D I.,uage added un LowerS xptan wi ptoi effect fm ona ycac v7 SWWD emended : plan is adopted. tomment[ Cll 'd_6 JSW4VD addiiiov� ^j ^j Whereas, all parties desire to maintain separate standards for waters from land areas that drain to the St. Croix River, separate and distinct from land areas that drain to the Mississippi River and addressing the separate and goals established for each of these receiving waters, while not unduly burdening one watershed with the treatment requirements for the other watershed; 1 04/14/2010 Draft Whereas, -- Central Draw Overflow dates and completion -- Woodbury, Cottage Grove ]an Draw � nom.�C ptp.`i g Whereas, the SW WD 2007 watershed management aad�aon. Terms and SW WD desire to establish dates of completion of land acquisition and construction o the _ Central Draw Overflow ro' ectin the SWWD Watershed Mana gdentifies the Central ementPlan Commmt(Ce]: SWWD, Cottage Grove a m re d g P Overflow as a necessary element of the comprehensive solution for flood control in the watershed. All parties desire that the SW WD guarantee the dedicated funding for and continue to pursue individual elements of the Central Draw Overflow to ensure completion of the flood control project by 2020. Whereas, the City of Woodbury filed an appeal, as Petitioner, and the Minnesota Board of Soil and Water Resources, Washington County, Valley Branch Watershed District and the South Washington Watershed District, as Respondents, concerning the BWSR Order dated June 29, 2009 concerning the boundary determination, Court File A09 -1175 (hereinafter "Appeal of BWSR Order One "); and the City of Cottage Grove and Denmark Township filed an appeal concerning the BWSR Order dated December 16 , 2009 regarding a boundary change of South Washington and Valley Branch Watershed Districts and the reduction in the number of managers of the South Washington Watershed District, Court File No. A10 -72, and the Minnesota Board of Soil and Water Resources, the South Washington Watershed District, Valley Branch Watershed District, Washington County, are Respondents (hereinafter "Appeal of BWSR Order Two') Whereas, the parties will dismiss the Appeal of BWSR Order One and Appeal of BWSR Order Two•. _ .... _.. Whereas, all parties desire an annual check -in mechanists facilitated by the County to ensure this Agreement is upheld. The Comity proposes to coordinate this as part of the annual watershed budget review by the County Board of Commissioners. The county will work with the SW WD and provide a memo to the other parties by no later than December I" of each year (starting in 2011); Whereas, all parties agree that it is in their best interest to define their respective responsibilities and obligations; Whereas, all parties to this Agreement desire the approval and implementation of these above actions to be completed in a cooperative manner, with public benefit to be gained by all parties; and Whereas, all parties wish to enter into this Agreement to document the terms and obligations agreed upon. . comment IC9]: Washtumon CltiIi Itwaz out { understanding this was to be separate from the d l t ag reements J i Comment Wash ¢ton County It was 0urunderstandmg this was tol,aseparate from the ag regiments THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS 04/14/2010 Draft 1. The recitals contained above are true and correct, and are incorporated herein by reference. 2. The purpose of this Agreement is to secure the performance of the Agreement of the parties. ,and provide efficient and effective water resources management services to their jcltizensi. comment ['11]e wdhvlswWn detendn. -- `Re mdved not necessary. Washington County lObli as tion.� _ _ in .tjC12]i WdbvfSWi Formatted: Font color: Auto 3. Washington County will prepare a petition to the Board of Water and Soil Resources to Formatted: Font color: Auto reallocate the areas formerly covered by the Lower St. Croix Water Management Organization into both the Valley Branch and South Washington Watershed District as described. in Attachment 1. 4. The Cities of Cottage Grove and Woodbury, Denmark Township, SWWD and VBWD agree to support the boundary change petition, to be filed by Washington County, before the Board of Water and Soil Resources. The SW WD agrees to apply resource based water quality standards defined by the receiving water body, and based on distinct geographical locations defined by hydrologic boundaries. comment [C1a]: was /swwo /Den mgrk Townstnn neldi Auphcatelavguage, Removal as next paragraph clarified 5. Washington County agrees to appoint managers consistent with Minn. Star. 103D.311, subd. - -- 3(c) and will appoint at least two of the five managers of the SW WD Board from the City of Woodbury The remainder of the managers will be appointed to fairly represent the _ remaining hydrological subwatersheds within the SWWD. comma atoeia7: wash ninon covniv «,mmem — be co nsistent >a�tfi Petrtwn.? 6. Washington County agrees to appoint managers consistent with Minn. Star. 103D.311, subd. 3(a) from a list of candidates submitted by the cities and townships. _ South Washington Oblieafions 5.7.The SW WD shall establish rules governing the hydrological land areas that are tributary to the St. Croix River and rules for the hydrological land area tributary to the Mississippi River, and the standards adopted for the areas tributary to the St. Croix River shall not be applied to the areas tributary to the Mississippi River. 6.8.Prior to the adoption of rules, the SW WD will follow the notice and hearing requirements of Minn. Stat. 103D.341, and any other applicable statmorial rule requirements. 2. Washington County agrees that it will appoint at least two of the five managers of _ the SW WD Board from a portion of the City located within the SW WD from a list of candidates submitted by the City of Woodbury in compliance with Minn. Stat. 103D.311; that the remainder of the managers will be appointed from the balance of the area within the SWWD. Comment [C35]. wash gt.Conviv i rearcrrded to consistent ith Pennon.j Comment [C16]: wabv /SWVm Paregnph 1 mooed to �5 mda Washmgtm Comte ObVganovs a bove. Aeword to be consismntvntb Peghov. Comment a wart m! Counm comment I reworded to b w sste t sR Pe ni. 04/14/2010 Draft 7.9.TThe SWWD agrees to finance capita[ projects on a subwatershed basis within management and taxing districts in accordance with Minn. Star. I103Ds1).729, as defined by the SWWD m _ comment [eis }: $wwn coneon Plan._.. .. 10. The SWWD agrees to finance capital projects on a subwatershed basis through revenue collected using a storm water utility fee according to Chapter 444 of Minnesota Statutes. 8.11. The SWWD shall adopt the former Lower St. Croix Water Management Organization Comment [e1B7: swwD: rms cons cuedided to ---- - -- -" " a m - m '"" - - " " " "" bemlhepnor draft andinllnws therec�taiS: (LSCWMO) w management plan and roles as the plan and rules for the subwatershed — pursuant to Minnesota Statute 103B.231. 9.12. The SWWD agrees to implement the Central Draw Overflow Project as follows: 12.1. with it being completed on or before January 1, 202SW WD shall complete -- Formatted: Outline numbered + Level: 2 + acquisition of lands necessary to control the outlet for the Central Draw Overflow Numbering Style: 1, 2, a, _. + Start at. 1 + Alignment: Left + Aligned at: 0.25" + Tab Project to Mississippi Plan by June 30, 2014. after: 0.55" + indent at: 0.55 ", Adjust space Font: (Default) Times Newt between Latin and Asian text, Adjust space 12.2. As part of the Central Draw Overflow Project, SWWD will construct between Asian text and numbers Formatted: Numbering S numbered + 2, 3, ._ + Sta at rt at: 2 + e: 1, 1 + - improvements to the Cottage Grove Central Ravine by December 31, 2014 to - accommodate interim watershed overflows. Alignment: Left + Aligned at: 0.25" + Tab after: 0.55" + Indent at: 0.55 ", Adjust Spam 9.1.12.3. SWWD shall complete construction of Central Draw Overflow Project by January between Latin and Asian text, Adjust Spam between Asian text and numbers 1, 2020 unless otherwise agreed to by Cottage Grove, Woodbury and 'SWWD. _-( Counm entIC20):geress discussed bystatrfor Cottase Grove and Woodbury Obligations Level 1 Font: (Default) Times Newt 7 Formatted; Indent: Left: 0" _"__"_""" "" " -------------- -- - 13. Cottage Grove and Woodbury agree to timely respond to requests for information from the �t Font: (Default) Times New SWWD and timely submit requested documents to the SWWD. Timely responsc�,i ''- - - -- peeessazy to enable_ the SWWD to undertake e and complete studies_ and _d analysts reasonably _ ':,, ormatted: Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + start at. I + necessar o timely perform the SWWD obligations un der ry il y p g der ThIS agreement. Alignment: +Aligned at: 0" +Tab after: , 0.25" + Indent at: 0.25" 10.14. Washington County agrees to coordinate an annual check -in mechanism to ensure this Formatted: Font: (Default) Times New Agreement is upheld. The County will coordinate this as part of the annual watershed budget Roman, 12 pt review by the County Board of Commissioners. The county will work with the SWWD and :, Formatted: Font. (Default) Times New Roman, 12 pt provide a memo to the other parties by no later than December 1" of each year (starting in ' Formatted: Font: (Default) rimes New 2011). Washington County shall annually review and certify compliance with this Roman, 12 pt Agreement to each of the parties hereto, with the first such report and certification being due December 1, 2011. In the event the County determines a non - compliance with any of the terms and provisions hereof, it shall identify the same in its report. 3. BWSR agrees to support and enforce the terms of this Agreement within its review, „ authority and regulation of the SWWD plans, policies and practices. Comment IC211 w Un Cou h -It"a, - -- - - -- our unnusumdmgShat B44Sftwnuld not bepert of the a4rewnenl { 04/14/2010 Draft 4. BWSR agrees to reject any petitio " that are submitted in the future that are conditional and would purport to limit the agency's authority to an order to either accept or reject the petition as �subm _ _ itfed� _- comment (ez2l:. wabaswwn Delete- . _ _..__... --------- _ BWSRnota part} to agreement. 11.15. BWSR, tThe City of Woodbury, the City of Cottage Grove and Denmark Township agree to dismiss Appeal of BWSR Order One and Appeal BWSR Order Two now filed with the Minnesota Court of Appeals within ten (10) days following the execution of this Agreement by all parties. _ comment d W : - B swwo noo ntim e .___ - __ T _...___. .. ________ ___ - own 'ip_en 23]: W d WSRnmapa agreement Mechanics i.fthedismissolastayofthe' 12.16. This Agreement may be modified by an agreement signed by all of the parties. appeals still need to bedetmmt"ed tower remsiovs will be done when the details me ou ked � out Signatures signify entity /agency agreement with this Agreement Attachment 1- Petition to BWSR and Watershed Boundary Map 1 -= romment(eza7:wash g t x- county ._.. -- - - - - - - agrees win the comment to not include the minutes � g s of ffi/18/3010 and 048) ` of meetin„ - s 1 Rtce Cheek -. WeLeished Browns Creek p '' W M. 4r s " _�� lNstdat [ Watershed ' ' , , �aec4' o 9.. MPU✓wm = ExhibitA Enlargentent if Valley Brandt .i 1 Watershed District M1 NVddle St. _ Croix WMa I Vagey ranchi s Watershed legal Boundary .... Watershed i Distdct t F! a @.6 Proposed Boundary Change nrnvra»r li t ,� Municipal. Boundary 1 RaM Washington Q �; f Wi to�,hed tllstdot {Y rrs �� FUtlpA Lowerr,St�Cmlx °._.. ', 3s 4 ✓ x�rkrsr South Washington' a B �+ § - g• 1 0 :. Watershed 'I V DI sidcf t it _ CST`.., � Lower St Croix 1 - ' - WMD to'South .� ' u Washington 4 � { nrxrerm r 1 l k liGNfi."Y ' iWARRVi WARI +.•m ' i M r <cmxm ` ...•\ is 5 i }gnrc�l tir'(iz t4'srliq�art't+.nEgEilti Spgnn Vmt Ob'GERYJU Milc