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HomeMy WebLinkAbout2010-05-05 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/5/2010 PREPARED BY Administration Ryan Schroeder ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider authorizing entrance into an agreement between the City of Cottage Grove, Denmark Township, City of Woodbury, South Washington Watershed District, Valley Branch Watershed District, and Washington County, and consider adopting two resolutions supporting watershed district boundary changes and transfer of territory. STAFF RECOMMENDATION Authorize entrance into the agreement and adopt the resolutions SUPPORTING DOCUMENTS ® MEMO /LETTER: Letter from Jack Clinton. ® RESOLUTION: Draft (2). ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Attachments. ADMINISTRATORS COMMENTS City Administrator Date Document4 RESOLUTION NO. 2010 -XXX A RESOLUTION SUPPORTING THE PETITION FROM SOUTH WASHINGTON WATERSHED DISTRICT TO THE BOARD OF WATER AND SOIL RESOURCES, REQUESTING A BOUNDARY CHANGE FOR THE SOUTH WASHINGTON WATERSHED DISTRICT BY THE TRANSFER OF TERRITORY CURRENTLY COVERED BY THE VALLEY BRANCH WATERSHED DISTRICT WHEREAS, the managers of the South Washington Watershed District (SWWD), in cooperation with the Valley Branch Watershed District (VBWD), Cities of Cottage Grove and Woodbury, Denmark Township, Washington County have agreed to transfer territory from the VBWD to the SWWD; and WHEREAS, The Cities of Cottage Grove and Woodbury, Denmark Township, Washington County, VBWD, and SWWD have agreed to certain conditions in an agreement dated , subject to approval of the boundary change petition by the BWSR; and WHEREAS, the petition, attached hereto as Exhibit A, embodies such SWWD boundary change. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, does approve the attached petition, and encourages SWWD to send said petition to the Minnesota Board of Water and Soil Resources, asking for boundary change of the South Washington Watershed District. Passed this 5th day of May 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2010 -XXX RESOLUTION BY THE CITY OF COTTAGE GROVE CONCURRING WITH THE PETITION TO ADD OR TRANSFER TERRITORY TO THE SOUTH WASHINGTON WATERSHED DISTRICT WHEREAS, the City of Cottage Grove is a statutory city with jurisdiction over area wholly or partially within the South Washington Watershed District. WHEREAS, the Boundary Change Petition prepared by the South Washington Watershed District has been reviewed by the City Council of the City of Cottage Grove, and subject to the terms and conditions of paragraph 4 (a -i) of said Petition, the City of Cottage Grove concurs with said petition. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City of Cottage Grove is in concurrence with the Boundary Change Petition of the South Washington Watershed District to be submitted to the Board of Water and Soil Resources. Passed this 5th day of May 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk JACK W. CLINTON, P.A.. ATTORNEY AT LAW JACK W. IMTON* MARY K. KUEHLWE N PAKOU L. YANG -LEGAL ASSISTANTS April 26, 2010 539 BMLENBERG DRIW SurrE 200 WoonBuRY, MINNESOTA 55125 Matt Moore, Administrator South Washington Watershed District 2302 Tower Drive Woodbury, MN 55125 Re: Mediation Agreement and Boundary Change Petition Dear Matt: VIA E -MAIL I am enclosing new versions of the Petition for the Minnesota Board of Water and Soil Resources, and the agreement between the various municipalities and watershed districts. Based on the most recent events and discussions from the week of April 19 the revisions can be summarized as follows: Petition The Watershed District is now the petitioner, substituting for Washington County. The operative terms of the Petition remain the same, and there is no change to the substantive agreements that were reached through the mediation process. The operative terms of the Agreement remain those that were agreed upon in mediation, with the following two exceptions: 1. The South Washington Watershed District, rather than the County, is the petitioner. 2. The County and South Washington will seek letters of concurrence from any municipality or township that is required to concur in the submission of the Petition. The revisions are not being submitted in redline since the earlier versions had so many redlines that it became very difficult to read, and the document would not allow removal of all of the redlining. For purposes of references for the attorneys who will he reviewing this, the Petition would be an amendment under 103B.215, subd. 2, adding new territory to a district or by transferring territory that is within the jurisdiction of another watershed district. TELEPHoNE:651- 389 -9923 FAx:651- 389 -9924 J WCLINTON @USINTERNET.COM *BOARD CERTIFIED REAL PROPERTY LAW SPECIALIST BY MINNESOTA STATE BAR ASSOCIATION Re: Mediation Agreement and Boundary Change Petition April 26, 2010 Page Two Under Minn. Stat. 1038.225, there is authority granted to BWSR to place conditions upon a transfer of territory under 1038.215. We believe that the conditions can be added based on the work done to date by South Washington, including land acquisitions for the Central Draw Project. The obligations/responsibility for financing can be incorporated in the Petition and adopted by reference in the BWSR order. This is consistent with and follows the same process when the East Mississippi WMO was added to South Washington. The Petition in the East Mississippi proceeding was conditioned upon: (1) the East Mississippi territory being treated as a subwatershed taxing district; (2) that the East Mississippi territory would pay 100% of the costs of any projects within the territory of East Mississippi; and (3) costs of projects that were outside of the territory of East Mississippi (and within the then existing watershed district) were to be paid for by the territory within the existing district, and none of those costs would be charged to the East Mississippi territory. The Order approved by BWSR in 2003 stated in its conclusions that the boundary change "should be approved per the Petition." If they are consistent, the BWSR board should approve this petition. My letter, the two attachments and the resolutions of support that you prepared should be forwarded to the county for distribution. Please call me if you have any questions. Very truly yours, Attachments SOUTH WASHINGTON WATERSHED DISTRICT PETITION FOR BOUNDARY CHANGE RESOLUTION NUMBER Resolution by the (City, Township, Watershed District) of concurring with the petition to add or transfer territory to the South Washington Watershed District. RECITALS: I . The (City, Township, Watershed District) of is a statutory or home rule charter city town or watershed management organization with jurisdiction over area wholly or partial vithin the South Washington Watershed District. . 2. That the Boundary Change Petition prepared by the evth Washington Watershed District has been reviewed` by the (City Cotifileil, Township Board, Board of Managers) of thel(City, Township, Watershed District) of ,and subject to the terms and c6ndttions of g aragraph 4 (a iTb aid Petition, the (City, Township, Watershed District) of concurs with said Petition. NOW, THEREFORE, BE IT I �LVED by the (Gib Council, Township Board, Board of Managers) of the (City, Townsjatp V4Wshed Dist Board is in concurrence with the Boundary Change Ntition Of t South Washington Watershed District to be submitted tothesBoard of Water and Soil It6sources. Adopted thi ` di of 2010. STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES 520 Lafayette Road North St. Paul, MN 55155 ----------------------------------- In the Matter of the Petition of the South Washington Watershed District BOUNDARY CHANGE PETITION for Boundary Change TO: Minnesota Board of Water and Soil 55155 Petitioner, South Washington Watershed Di Washington Watershed District Board R Minnesota Board of Water and Soil Resou Washington Watershed District (SWWD) pursuant to Minnesota Statute 103B.215 for Both the of 520 Lafayette Road North, St. Paul, MN a body politic and corporate, pursuant to South cn No. 2010- does hereby petition the 3WSR) to change the boundaries of the South e Valley Branch Watershed District (VBWD) reasons: ID are existing watershed districts located entirely and Minnesota Statute 103B215, subd. I allows the district wholly within the metropolitan area to be changed. The SWWD is requesting the transfer of territory currently within the jurisdiction of the VBWD to the SWWD. The areas being transferred are contiguous to the existing SWWD. 2. The boundary change proposed and the areas to be transferred are described on the map attached hereto as Exhibit A. I The proposed SW WD 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 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 VBWD 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 within 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 located within the City of Mahtomedi 5.55 square miles are located within the City of Oakdale miles 2. square are located within the City of Oak Park Heights are located within the City of Pine Springs are located within the City of St. Mary's Point are located within West Lakeland Township are located within the City of Woodbury are located within the City of Maplewood are located within the City of North St. Paul les are located within the City of White Bear Lake reasons for the boundary change between the 'D described in Exhibit A. change will be conducive to the public health and public welfare and for the purposes of Minnesota Statutes Chapters 103. b. The boundary change will provide long term protection for surface and groundwater resources. 2 C. The boundary change will ensure efficiency and effectiveness of water resource management in this area. d. The boundary change is consistent with the purposes and requirements of Minnesota Statute 10313.205 to 103B.255. e. Certain properties under the jurisdiction: of the SWWD are subject to protection under Minnesota Statute 103B.225. The boundary change, subject to conditions in the petition, is compliant with Minnesota Statute 10313.225. f. The petitioner has received a written statement of concurrence in the petition from the governing body' of each statutory or home rule charter city and town and each watershed management organization having ihrisdiction over the territory proposed to be added or g. The boundary change will accomplish the objectives that were agreed upon 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 Agreement (Exhibit B) adopted by Washington County, SWWD, VBWD, City of Cottage Grove, Denmark Township, and City of Woodbury. 4. Representatives of the City of Cottage Grove, Denmark Township, City of Woodbury, SWWD, VBWD and Washington County have developed recommendations for key issues related to the proposed boundary change between 3 the SWWD and the VBWD; such as financing policies, implementation of water management plans, and board representation. The local governments have approved an Agreement (Exhibit B) to specifically address these key issues to be in full force upon approval of this petition. The following are the conditions for changing the boundaries of the SWWD to be compliant with Minnesota Statute 10313.225: �i a. The SWWD will amend its watershed management plan pursuant to Minnesota Statute 10B: subwatershed area within Lower St. Croix Water Water Management Plan 10313.255 to include the Lower St. Croix year. The SWWD will initially adopt the iagement Organization (LSCWMO) 2009 he plan for this subwatershed pursuant to cc based water quality standards defined by Mississippi River and based on discrete by hydrologic boundaries. e Central Draw Overflow Project as lete acquisition of lands necessary to control the outlet for the Central Draw Overflow Project to the Mississippi River by June 30, 2014. As part of the Central Draw Overflow Project, the SWWD will M construct improvements to the Cottage Grove Central Ravine by December 31, 2014 to accommodate interim watershed overflows. The SWWD will complete construction of the Central Draw Overflow Project by January 1, 2020 unless otherwise agreed to by the City of Cottage Grove, City of Woodbury and SWWD. d. For the purpose of collecting revenues and paying the costs of projects in the former LSCWMO territory, the SWWD will establish a water management district pursuant to Minnesota Statute 103D.729. The former LSCWMO territory will pay 100 percent of the costs of any projects that are needed within the former LSCWMO territory and none of the costs will be charged to any of the territory SWWD as it existed prior to the May 27, 2009 $WSR Order. C. The cost 9. cts for the territory within the existing SWWD will be rritory within the existing SWWD and none of the costs to the former LSCWMO territory being added to the be determined on a project -by- project basis, based on costs (including administrative costs of the financing options), and equity. The SWWD will finance projects on a subwatershed basis through revenue collected using a stormwater utility fee according to Minnesota Rules Chapter 444. Administrative services and related general services that are provided 5 throughout the new areas of the watershed districts will be funded using a district wide ad valorem tax, collected by Washington County as a part of property tax collection. For the SWWD, the former LSCWMO territory will pay its costs of the annual administrative budget and proportional costs of annual SWWD operational programs based on the ad valorem tax rate. h. Currently the SWWD consists of five managers. The SWWD is requesting the SWWD, oard of managers remain at five. i. The appointment of managers in the SWWD will be consistent with Minnesota Statute 103D.311, subd. 3(c) which states that managers must be appointed to fairly represent the various hydrologic areas within the watershed district. The county will ensure that two managers on the SWWD board live in the City of Woodbury. The remaining three appointed to fairly represent the remaining hydrological SWWD." In accordance with Minnesota Statute ;(a) the county will appoint managers from a list of by the townships and municipalities located within the The list must contain at least three nominees for each managers position to be filled. The list must be submitted to the county at least 60 days before the managers term of office expires. If a list of 6 nominees is not received 60 days prior to the managers tern of office expiring or if a city or town fails to submit a list of nominees, the county may appoint any managers that they so choose. THEREFORE, the SWWD requests that the Minnesota Board of Water and Soil Resources, after giving notice as required by law, and for the public welfare and public interest and to further Minnesota Statute 103, the SWWD requests Resources issue its order granting the following 1. That the boundaries of the SW Board of Water and Soil changed as set forth on the map attached hereto as Exhibit A pursuant to 2. That the area in 103B.21 be guided and managed consistent management organizations in petition be incorporated in the Date By: By: Don Pereira, SWWD Secretary 7 with the current management nlan of the watershec 8 COUNTY /CITY /TOWN/WATERSHED DISTRICT OF _ WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION SUPPORTING THE PETITION FROM SOUTH WASHINGTON WATERSHED DISTRICT TO THE BOARD OF WATER AND SOIL RESOURCES, REQUESTING A BOUNDARY CHANGE FOR THE SOUTH WASHINGTON WATERSHED DISTRICT BY THE TRANSFER OF TERRITORY CURRENTLY COVERED BY THE VALLEY BRANCH WATERSHED DISTRICT. WHEREAS, the managers of the South Washington W cooperation with the Valley Branch Watershed District Grove and Woodbury, Denmark Township, Washingi6T territory from the VBWD to the SWWD; and WHEREAS, the Cities of Cottage Grove and '�N Washington County, VBWD and SWWD have agreement dated _, subject to appr val of the and WHEREAS, the petition, attached change. NOW THEREFORE BE IT RESOLVED encourages SWWD to serid petition to the Resources, asking Tor boundary chaiigio _the `. BY ROLL CALL (SWWD), in of Cottage reed to transfer onditions in an petition by the BWSR; such SWWD boundary the — County Board /Township es approve the attached petition, and linnesota Board of Water and Soil nth Washington Watershed District. BOARD /TOWN BOARD /CITY THIS RESOLUTION IS ADOPTED / NOT ADOPTED THIS DAY OF 10. Attest: ; Cleric , Board Chair /Mayor 04/26/2010 Draft 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), and Washington County (County) does state as follows: Whereas, all parties desire effective and efficient management of water resources which provides for local control; Whereas, Denmark Township, the Cities of Cottage Grove and Woodbury, Washington County, VBWD, and the SWWD with the assistance of the Board of Water and Soil Resources all mediated this agreement to accomplish the desired outcome; 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; Whereas, the appointment of managers in the SWWD would be consistent with Minnesota Statute 103D.311, subd. 3(c) which states that managers must be appointed to fairly represent the various hydrologic areas within the watershed district. The county will ensure that two managers on the SWWD board live in the City of Woodbury. The remaining three managers will be appointed to fairly represent the remaining hydrological subwatersheds within the SW WD. In accordance with Minnesota Statute 103D.311, subd. 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 manager's position to be filled. The list must be submitted to the county at least 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 list of nominees or if the list is not received 60 days prior to the managers' term of office expiring. 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 capital projects within the Lower St. Croix subwatershed taxing district. 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. 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 04/26/2010 Draft River while not unduly burdening one watershed with the treatment requirements for the other watershed; Whereas, Woodbury, Cottage Grove and SWWD desire to establish dates of completion of land acquisition and construction of the Central Draw Overflow project in the SWWD Watershed Management Plan. Whereas, the SWWD 2007 watershed management plan identifies the Central Draw Overflow as a necessary element of the comprehensive solution for flood control in the watershed. All parties desire that the SWWD 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 January 1, 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 May 27, 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. AI0 -72, and the Minnesota Board of Soil and Water Resources, the South Washington Watershed District, Valley Branch Watershed District, are Respondents (hereinafter "Appeal of BWSR Order Two ") Whereas, the parties agree that the Appeal of BWSR Order One will be dismissed upon approval by BWSR of all elements of the SWWD petition to reallocate the territory formerly covered by the Lower St. Croix Water Management Organization into both the Valley Branch and South Washington Watershed District as set forth by this Agreement. Whereas, the Appeal of BWSR Order Two was dismissed without prejudice by the Court of Appeals on April 16, 2010, subject to a motion for reinstatement within thirty (30) days of BWSR's final decision on the Petition; if BWSR approves the South Washington Watershed District Petition to reallocate the areas formerly covered by the Lower St. Croix Water Management organization into both the Valley Branch and South Washington Watershed Districts, as set forth by this Agreement, Cottage Grove and Denmark Township will not move for reinstatement; if the BWSR Board does not approve the SWWD Petition, the parties will not oppose the motion by Cottage Grove and Denmark Township for reinstatement of the appeal, pursuant to the April 16, 2010 Order filed on April 19, 2010. Whereas, all parties desire an annual check -in mechanism facilitated by the County to ensure this Agreement is upheld. The County proposes to coordinate this as part of the annual watershed budget review by the County Board of Commissioners. The county will work with the SWWD and provide a memo to the other parties by no later than December I" of each year (starting in 2011). Should non - compliance of this agreement be identified under annual review, the County will reconvene the parties of the agreement to mediate a resolution; 2 04/26/2010 Draft 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 terns and obligations agreed upon. THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS 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. Washington County Obligations. 3. Washington County agrees to appoint managers consistent with Minn. Star. 103D.31.1, subd. 3(c) and will appoint two of the five managers of the SWWD Board from the City of Woodbury The remainder of the managers will be appointed to fairly represent the hydrological subwatersheds within the SWWD. 4. Washington County agrees to appoint managers consistent with Minn. Stat. 103D.311, subd. 3(a) from a list of candidates submitted by the cities and townships. 5. Washington County agrees to coordinate an annual check -in mechanism to ensure this Agreement is upheld. The County will coordinate this as part of the annual watershed budget review by the County Board of Commissioners. The county will work with the SWWD and provide a memo to the other parties by no later than December 1" of each year (starting in 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. Should non - compliance of this agreement be identified under an annual review, the County will reconvene the parties of this agreement to mediate a solution. South Washington Obligations 6. SWWD will prepare a petition to the Board of Water and Soil Resources to 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. 7. The SWWD and Washington County will request a written statement of concurrence for the petition from the governing body of each statutory or home rule charter city and 04/26/2010 Draft town and each watershed management organization having jurisdiction over the territory proposed to be added or transferred and agree to support the boundary change petition, to be filed by SWWD, before the Board of Water and Soil Resources. S. The SWWD 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. 9. Prior to the adoption of rules, the SWWD will follow the notice and hearing requirements of Minn. Stat. 103D.341, and any other applicable statutorial rule requirements. 10. The SWWD agrees to finance capital projects on a subwatershed basis within management and taxing districts in accordance with Minn. Star. 103D.729, as defined by the SWWD plan. 11. 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. 12. The SWWD shall initially adopt the former Lower St. Croix Water Management Organization (LSCWMO) water management plan and rules as the plan and rules for the subwatershed pursuant to Minnesota Statute 103B.231. 13. The SWWD agrees to implement the Central Draw Overflow Project as follows: 13.1. SWWD shall complete acquisition of lands necessary to control the outlet for the Central Draw Overflow Project to the Mississippi River by June 30, 2014. 13.2. As part of the Central Draw Overflow Project, SWWD will construct improvements to the Cottage Grove Central Ravine by December 31, 2014 to accommodate interim watershed overflows. 13.3. SWWD shall complete construction of Central Draw Overflow Project by January 1, 2020 unless otherwise agreed to by Cottage Grove, Woodbury and SWWD. Cottage Grove and Woodbury Obligations 14. Cottage Grove and Woodbury agree to timely respond to requests for information from the SWWD and timely submit requested documents to the SWWD. Timely responses are necessary to enable the SWWD to undertake and complete studies and analysis reasonably necessary to timely perform the SWWD obligations under this agreement. 15. The parties agree to take all reasonable steps necessary in order to stay the Court of Appeals proceedings on the Appeal of BW SR Order One until BW SR approves all elements of the petition. Based on the Court of Appeals' Order dismissing the appeal of B WSR Order Two, subject to a motion to reinstate within thirty (30) days of BWSR's final decision on the SWWD petition, if BWSR grants the petition, Cottage Grove and Denmark Township agree 04/26/2010 Draft to not pursue the appeal further. If BWSR denies the petition, the parties may resume their appeals, and the parties will not oppose a motion by Cottage Grove and Denmark Township for reinstatement of the appeal of BWSR Order Two. In the event that BWSR denies the petition, this Agreement shall be null and void. 16. This Agreement may be modified by an agreement signed by all of the parties. Signatures signifyy //aageney agreement with this Agreement Attachment 1 — Petition to BWSR and Watershed Boundary Map 04/26/2010 Draft CITY OF COTTAGE GROVE, MINNESOTA Its: Dated: Its: Dated: 04/26/2010 Draft DENMARK TOWNSHIP, MINNESOTA By: Its: Dated: By: Its: Dated: 04/26/2010 Draft IN WITNESS WHEREOF, the City and be duly executed on 2010. CITY OF WOODBURY By: Its Mayor And: Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) have caused this agreement to The foregoing instrument was acknowledged before me this day of , 2010, by William J. Hargis, its Mayor, and by Clinton P. Gridley, its City Administrator, of City of Woodbury, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public Approved as to form: City Attorney 04/26/2010 Draft SOUTH WASHINGTON WATERSHED DISTRICT, MINNESOTA Its: Its: Dated: 04/26/2010 Draft VALLEY BRANCH WATERSHED DISTRICT, MINNESOTA By: Dated: By: Dated: 10 04/26/2010 Draft WASHINGTON COUNTY, MINNESOTA Bill Pulkrabek Its: Board Chair Dated: In James R. Schug Its: County Administrator Doug Johnson Its: County Attorney Dated: