HomeMy WebLinkAbout8A - Shakopee Watershed Com.
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
8A
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER RESOLUTION 94-58, APPROVING THE REVISED AND
RESTATED JOINT POWERS AGREEMENT FOR SHAKOPEE BASIN
WATERSHED MANAGEMENT COMMISSION
OCTOBER 17, 1994
The purpose of this Agenda item is to consider approving a Revised and
Restated Joint Powers Agreement (JPA) for the Shakopee Basin
Watershed Management Organization (SBWMO). This revised JPA is
necessary to meet the new State statutes which requires certain
provisions be incorporated in Joint Powers Agreements throughout the
State.
A Joint Powers Agreement for establishing a Watershed Commission for
the Shakopee Basin Watershed was approved by a City Council motion
on June 24, 1985. From this Agreement a Watershed Management
Organization was formed as required by the Metropolitan Water
Management Act and Minnesota Statute 473.878. The SBWMO has met
since 1986 to form a surface water management plan. This plan has
been completed and has been approved by the Minnesota Board of
Water and Soil Resources.
The Metropolitan Surface Water Act applied to the seven county metro
area which includes Scott County. In the initial Joint Powers Agreement,
the membership of the Board consisted of one representative from each
of the four local unit of governments within the SBWMO's boundary.
These members and their appointed commissioners were responsible for
the preparation and adoption of the initial watershed plan which was
approved on April 24, 1991.
Since the approval of the WMO plan, the State Legislature has passed a
new Statute 103B which pertains to water planning and implementation.
This statute allows the Board of Water and Soil Resources (BWSR) to
adopt rules in regards to WMO plans. These rules called Chapter 8410
were adopted on May 27, 1992, and effective on August 1, 1992.
The new rules require that the Joint Powers Agreement be modified
particularly in regards to improvement projects. Previous JPA's in the
state either required unanimous approval from all members in order to
proceed with a capital improvement project or were silent in this matter as
in the case of the SBWMO. The BWSR's new rules require a simple
majority from the membership to authorize an improvement project and
provide specific language relating to implementing improvement projects.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
T 'Y- '~....
Attached to this report are the following documents for Council review:
1) Previous JPA adopted in 1985
2) Review letter from Glenn Kessel on initial draft JPA
3) Final draft of Revised and Restated JPA
The City of Prior Lake has 1200 acres of area within the SBWMO which is
the least amount of area among the four members. The 1200 acres is
9.4% of the total 12,785 acres within the WMO. The main changes in the
Revised and Restated JPA can be summarized as follows:
DISCUSSION:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
Paragraph 6, Subdivision 1 - The BWSR shall be notified of
appointments and vacancies to the SBWMO Board.
Paragraph 6, Subdivision 3 - Updated to comply with BSWR
rules.
Paragraph 6, Subdivision 5 - Statement about Open Meeting
Law.
Paragraph 6, Subdivision 6, 7 & 8 - Additions to comply with
BSWR rules in regards to alternative commissioners, decisions
by Board and voting requirements and for allowing the Board to
establish technical and citizen advisory committees.
Paragraph 7, Subdivision 1 - This article was updated to comply
with the new rules and to provide procedures on conducting
business.
Paragraph 7, Subdivision 2-20 - These articles were added,
revised and modified to comply with the new rules.
Paragraph 8, Construction of Improvements - This section was
added as required by the rules to provide a mechanism in which
WMO's can implement a construction improvement. This area in
the original JPA did not state anything on construction of
improvements, thus a separate paragraph revision was added.
Paragraph 9, Finances - The major revision was to clearly state
when a budget is adopted by the Board which is by an
affirmative vote of a majority of all commissioners, then
appointed. Also Subdivisions 5 and 6 have been added in
regards to the financing of capital improvement projects and for
appeals of members to the appropriation cost.
Paragraph 10, Assessments - The Commission does not have
the power to levy special assessments under the new rules.
Paragraph 11, Duration - This section has been revised to
comply with Minnesota Statutes 103B.
Paragraph 13, Effective Date - Revised to reflect the current
situation.
A map is enclosed which shows the acreage of the City within the
SBWMO and location which is the northwest area of the City. The final
draft of the Revised and Restated JPA did incorporate the comments from
the City Attorney, and he is satisfied with the Agreement with the
exception that both the Mayor and City Manager should sign the
Agreement.
The main issue is that the new JPA will give more power to the WMO
Board on improvement projects which can in effect approve a project that
the City does not approve. There is a provision for appealing a Board's
determination on the project or the apportionment of costs. The appeal
would be referred to a Board of Arbitration consisting of three (3) persons.
ISSUES:
-2-
T "T"""" ~"""_. " '.
The arbitration process is in paragraph 9, subdivision 6 of the revised
JPA.
The previous JPA was silent on improvement projects and thus the WMO
did not have the authority to implement a water project if necessary. The
Board of Soil and Water Resources recognize this flaw and thus adopted
rules for WMO's to revise their JPA's. The new rules provide the WMO's
the authority to implement proje~ts if necessary.
ALTERNATIVES:
The alternatives are as follows:
1) Approve Resolution No. 94-58.
2) Disapprove Resolution No. 94-58 for specific reasons.
3) Table this item for specific reasons.
RECOMMENDATION: Recommendation is to approve Resolution No. 94-58 so that the proper City
officials can sign the Revised and Restated Joint Powers Agreement contingent
upon Council directives.
BUDGET IMPACT: This item has no impact on the budget.
ACTION REQUIRED: A motion to approve Resolution 94-58 authorizing the Mayor and City
Manager to sign the R vised and Restated Joint Powers Agreement for
the Shakopee--BaSin ater Management Commission.
('
AG103.ENG
-3-
T~'"" ..... '"'~.~'" ....,. ,..,_.....~".._n__"".'.~.._. .;,",
RESOLUTION 94-58
'" ~~
lNNESO RESOLUTION APPROVING THE REVISED AND RESTATED
JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED COMMISSION
FOR THE SHAKOPEE BASIN WATERSHED
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
{Seal}
SECONDED BY:
the City of Prior Lake has a portion of its area within the Shakopee Basin
drainage basin; and
the Metropolitan Surface Water Management Act requires that Storm Water
Management plans shall be prepared and implemented over the seven
County metropolitan area; and
a Joint Powers Agreement has been prepared to implement the Metropolitan
Surface Water Management Act and was passed and adopted by the City
Council on June 24, 1985; and
a revised and restated Joint Powers Agreement has been prepared to
comply with Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF PRIOR LAKE, MINNESOTA, that the revised and restated
Joint Powers Agreement presented to the City Council on October 17, 1994,
for the Shakopee Basin Watershed is hereby approved.
Passed and adopted this _ day of October, 1994.
YES
NO
Andren
Greenfield
Kedrowski
Scott
Schenck
Andren
Greenfield
Kedrowski
Scott
Schenck
Frank Boyles
City Manager
City of Prior Lake
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I
. ---: ....~.-:P':.,-::..:~~':;:.;.,...:--:-.;-~':,.:: ..:---~"~:"'.:~;:~',,:::::.'"; .~. '.. ..
, ..J ".'.,
1800 IDS Center
80 South Eighth Street
MiMe.apolia, MiM~t.a 55402
LOMMEN
-i'\T: liT ,,-.\ I~-,\T
." h ~I ~
I . ',' ~ '!' '\, /. ~
._ .. __...L.; .'-~ ' . -
....................... .............
LAW FIRM
U1/lIm~n. Ndson. Co/~.~ SlaSt'h~rg. P.A.
I
Southaide Office Plua, Suite 2A
1810 CrutYiew Drive
'" Hudson, WI 54016
(612) 339-8131
MiM~t.a WATS (800) 752-4297
FAX (612) 339-8064
Glenn R. Kessel
Anorney at Law
MiMe.apolia office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9338
January 31, 1994
RECEIVED
FE a - 1 ~C04
I..,....
eHY OF
~UKE
Mr. Bruce Loney
Assistant City Engineer
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
Re: Joint Powers Agreement - Shakopee Basin WMO
Dear Bruce:
I have reviewed the draft of the Revised Joint Powers Agreement
for the Shakopee Basin Water Management Commission as you
requested. Please note that the first paragraph of the Agreement
recites that the Agreement is made pursuant to the authority
conferred upon the parties by Minn. Stat. s 471.59 and
s 103B.201, et~. Minn. Stat. s 471.59 authorizes local
government units to enter into joint powers agreements. 'Minn.
Stat. s 103B.201 to .251 deals with metropolitan surface water
management programs. Minn. Stat. s 103B.211, subd. l(a) (4)
specifically provides that a joint powers agreement may provide
that projects carried out to construct new drainage systems and
improvements of existing drainage systems in a watershed may be
carried out under the powers granted in Chapter 103D or 103E.
Based upon such statutory authority, I recommend that the
following changes be made to the Agreement.
1. I would recommend that the second sentence of paragraph
6, subd. 1 on page 3 of the proposed Agreement, be amended to
read as follows:
liThe Board of Water and Soil Resources shall
be notified of all appointments to the Board
and of all vacancies within thirty (30) days
of the appointment or vacancy."
Minn. Stat. s 103B.227 requires that notification be made within
30 days.
'-.. .
.....,_._.__........._. 4._.__...______...._... ...---_.
Lommen, Nelson, Cole &: Stageberg, P.A.
Mr. Bruce Loney
January 31, 1994
Page 2
'"
2. I would recommend that paragraph 6, subd. 3 on page 3
of the proposed Agreement be amended to read as follows:
"A commissioner may not be removed from the
Board prior to the expiration of his or her
term, except for just cause, by the governing
body who made the appointment in accordance
with the rules prescribing standards and
procedures for removing members of watershed
management organization boards for just cause
as promulgated by the Board of Water and Soil
Resources."
3. I would recommend that paragraph 6, subd. 7 on page 4
be amended to read as follows:
"Decisions by the Board shall require an
affirmative vote of a majority of all
commissioners, then appointed, except that a
decision on a capital improvement project
shall require a two-thirds (2/3) affirmative
vote of all commissioners, then appointed."
4. I would recommend that paragraph 7, subd. l(d) on
page 5 be amended to read as follows:
"The Commission shall publish and distribute
a newsletter or other appropriate written
communication at least annually to watershed
residents. The newsletter or other
communication shall explain the watershed's
programs and list the officers and telephone
numbers."
5. I would recommend that paragraph 7, subd. 3 on pages 5
and 6 be deleted or modified. I do not find specific authority
which authorizes the Commission to order any governmental unit to
carry out its local water management program in the statutory
framework set forth in paragraph 1 of this letter. In addition,
I concur with Karen Marty's comments in paragraph 1 of her letter
regarding the advisability of such a provision.
6. I would recommend that paragraph 7, subd. 4 on page 6
be amended to read as follows:
t
.
-...- .....----,.,.--...~._....._....-._.._-........~ - ."-. ---
-' . - . ~ . . .. -' .... .' ~ .. . . -.' .
Lommen, Nelson, Cole cfc Stageberg, P.A.
Mr. Bruce Loney
January 31, 1994
Page 3
....
"The Commission may acquire, operate,
construct and maintain only the capital
improvements, if any, delineated in the
watershed management plan adopted by the
Board which the plan states will be
constructed by the Board, following the
procedures set forth in Minn. Stat. s
103B.251 and/or Chapter 103D or 103E."
7. I question the authority granted the Commission in
paragraph 7, subd. 7 on page 6. I did not find any specific
statutory authority allowing the Commission to enter upon lands
within or without the watershed to make surveys and
investigations in Chapter 103B. However, Chapter 103D does
authorize watershed districts to exercise the powers of eminent
domain. When those powers are exercised, there is authority to
enter upon lands for investigations and surveys.
8. I would recommend that paragraph 7, subd. 10 on page 6
be modified to read as follows:
"The Commission may collect money, subject to
the provisions of this Agreement, from its
members and from any other source, if
approved by the affirmative vote of a
majority of all commissioners, then
appointed. "
9. I would recommend that paragraph 7, subd. 18 on page 8
be amended to read as follows:
"The Board shall at least every two (2) years
solicit proposals for all legal, engineering,
auditing, and other technical or professional
services before retaining the services of a
professional or extending annual service
agreements."
10. Paragraph 8, subd. 1 on pages 8 and 9 should be amended
to comply with ~nn. Stat. S 103B.251 if Chapter 103B is to be
used for construction of improvements or in accordance with
Chapter 103D or 103E if those sections are to be used when
applicable.
;' '-'---~--'-'~'-'-.-.";"~.-;
.~-_.- ".....-.--,..--.----..--.--.
- . .-
.'. _.-..,...::.--:.~......"::.:.--;..~
. ....,. -- .'-';'.~:- _.:-~....;.~-...._-----_.~..
.j.
Lommen, Nelson, Cole cfc Stageberg, P.A.
Mr. Bruce Loney
January 31, 1994
Page 4
'"
11. I would recommend that paragraph 9, subd. 3 on pages 10
and 11 clearly spell out the vote required to adopt the
administrative budget in terms of the affirmative vote
requirement, such as a majority of all the Board of
Commissioners, then appointed.
12. I concur with the comments of Karen Marty, City
Attorney for the City of Shakopee, in her Memorandum dated
August 9, 1993, comments 1, 2, 3, 4, 6 and 7. With respect to
Karen's termination comment (comment no. 5), early termination by
a city is governed by Minn. Stat. Chapters 103B or 103D. Minn.
Stat. ~ 103B.221 outlines the procedure for termination of a
watershed district. Minn. Stat. ~~ 103D.255 and 103D.271
establish procedures for withdrawal of territories and for
termination of watershed districts. I would recommend that those
provisions be incorporated by reference in the proposed
Agreement. If all parties agree that they have the authority to
provide some easier means of termination even though the Statute
does not seem to authorize it, I would recommend some
modifications to the termination provisions.
Bruce, please give me a call should you have any questions
regarding these comments/recommendations. For your reference, I
have enclosed a copy of relevant portions of Minn. Stat. Chapter
l03B, as well as Chapter l03D and l03E.
Very truly yours,
r;~' )NE~' COLE & STAGEBERG, P.A.
Glenn R. Kessel
GRK:dh
enclosures
S:\SHOATA\16772G\GRK\LETTERS\LONEY.LTR
t
.
_._.~iJ
.... .....
.,-
REVISED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISIllNG THE SHAKOPEE BASIN
WATER MANAGEl\1ENT COl\1MISSION
17599
r09/02/94
.'
.'
REVISED AND RESTATED
JOINT POWERS AGREEMENT ESTABLISHING
THE SHAKOPEE BASIN WATER MANAGEMENT COl\1MISSION
The parties to this Agreement are cities which have land in the Shakopee Basin Watershed. This
Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. ~~ 471.59 and
103B.201, et seq.
1. NAME. The parties hereby create and establish the Shakopee Basin Water Management
Commission.
2. GENERAL PURPOSE. The purpose of this Agreement is to provide an organization
to regulate the natural water storage and retention of the Shakopee Basin Watershed to (a) protect,
preserve, and use natural surface and ground water storage and retention systems; (b) minimize public
capital expenditures needed to correct flooding and water quality problems; (c) identify and plan for
means to effectively protect and improve surface and ground water quality; (d) establish more uniform
local policies and official controls for surface and ground water management; (e) prevent erosion of soil
into surface water systems; (t) promote ground water recharge; (g) protect and enhance fish and wildlife
habitat and water recreational facilities; and (h) secure the other benefits associated with the proper
management of surface and ground water.
3. DEFINITIONS.
Subdivision 1. "Commission" means the organization created by this Agreement, the full
name of which is "Shakopee Basin Water Management Commission".
Subdivision 2. "Board" means the board of commissioners of the Commission.
Subdivision 3. "Council" or "Town Board" means the governing body of a governmental
unit which is a member of this Commission.
17599
r09/02/94
1
T
..
Subdivision 4. "Governmental Unit" means any city or township which is a signatory
to this Agreement.
Subdivision 5. "Member" means a governmental unit which enters into this Agreement.
Subdivision 6. "Shakopee Basin Watershed" or "Watershed" means the area contained
within a line drawn around the extremities of all terrain whose surface drainage is within the mapped
areas delineated on the map filed with the Board of Water and Soil Resources pursuant to Minn. Stat.
~ 103B.211, Subd. 2.
4. :MEMBERSHIP. The membership of the Commission shall consist of the following
governmental units:
Jackson Township
Louisville Township
City of Shakopee
City of Prior Lake
No change in governmental boundaries, structure, organizational status or character shall affect the
eligibility of any governmental unit listed above to be represented on the Commission, so long as such
governmental unit continues to exist as a separate political subdivision.
5. ADVISORS. Scott County and the Scott County Soil and Water Conservation District
shall be requested to appoint a non-voting advisory member to the Commission. The County and
District shall not contribute funds for the operation of the Water Management organization ("WMO"),
except as provided in Minn. Stat. 9 103B.251.
6. BOARD OF COMMISSIONERS.
Subdivision 1. The governing body of the Commission shall be its Board which shall
consist of four (4) commissioners. The Board of Water and Soil Resources shall be notified of all
appointments to the Board and of all vacancies within thirty (30) days of the appointment or vacancy.
All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies shall be
17599
r09/02/94
2
published in the official newspaper of the city or township appointing the Board members at least fifteen
(15) days before the appointment is made. The Board shall consist of one (1) commissioner appointed
by Jackson Township, one (1) commissioner appointed by Louisville Township, one (1) commissioner
appointed by the City of Shakopee, and one (1) commissioner appointed by the City of Prior Lake.
Vacancies in office shall be filled for the remainder of the term by the governing body who appointed
or had the right to appoint the commissioner.
Subdivision 2. The term of each commissioner shall be two (2) years and until their
successors are selected and qualify.
Subdivision 3. A commissioner may not be removed from the Board prior to the
expiration of his or her term, except for just cause, by the governing body who made the appointment
in accordance with the rules prescribing standards and procedures for removing members of watershed
management organization boards for just cause as promulgated by the Board of Water and Soil
Resources.
Subdivision 4. Commissioners shall serve without compensation from the Commission,
but this shall not prevent a governmental unit from providing compensation for a commissioner for
serving on the Board.
Subdivision 5. At its first meeting each year, the Board shall elect from its
commissioners a chair, a vice chair, a secretary, a treasurer, and such other officers as it deems
necessary to conduct its meetings and affairs. At the organization meeting or as soon thereafter as it
may be reasonably done, the Commission may adopt rules and regulations governing its meetings. Such
rules and regulations may be amended from time to time at either a regular or a special meeting of the
Commission provided that at least ten (10) days' prior notice of the proposed amendment has been
17599
r09/02/94
3
.
furnished to each person to whom notice of the Board meetings is required to be sent. Meetings shall
be conducted in accordance with the Open Meeting Law as provided in Minn. Stat. ~ 471.705.
Subdivision 6. Each member may appoint one alternate commissioner. The alternate
commissioner shall be selected in the same manner as regular commissioners. The term of the alternates
shall be two (2) years and until their successors are selected and qualify. In the absence of a regular
commissioner, the alternate may vote and act in a commissioner's place.
Subdivision 7. Decisions by the Board shall require an affirmative vote of a majority of
all commissioners, then appointed, except that a decision on a capital improvement project shall require
a two-thirds (2/3) affirmative vote of all commissioners, then appointed.
Subdivision 8. The Board shall establish citizen and technical advisory committees as
needed to obtain public participation.
7. POWERS AND DUTIES OF THE COMMISSION.
Subdivision 1. The Commission, acting by its Board of Commissioners:
(a) Shall prepare and adopt a watershed management plan meeting the requirements
of Minn. Stat. ~ 103B.231;
(b) Shall review and approve local water management plans as provided by Minn.
Stat. ~ 103B.235;
(c) Shall exercise the authority of a watershed district under Minn. Stat. Chapter
103D to regulate the use and development of land when one or more of the
following conditions exist:
(1)
The local government unit exercising planning and zoning authority over
the land under Minn. Stat. ~~ 366.10 to 366.19, 394.21 to 394.37, or
462.351 to 462.364 does not have a local water management plan
approved and adopted in accordance with requirements of ~ 103B.235 or
has not adopted the implementation program described in the plan.
(2)
An application to the local governmental unit for a permit for the use and
development of land, requires an amendment to, or variance from, the
adopted local water management plan or implementation program of the
local unit.
17599
r09/02/94
4
(3) The local governmental unit has authorized the Commission to require
permits for the use and development of land.
(d) The Commission shall publish and distribute a newsletter or other appropriate
written communication at least annually to watershed residents. The newsletter
or other communication shall explain the watershed's programs and list offices
and telephone numbers.
(e) The Commission shall adopt an annual budget as set forth below, and work plan.
(f) The Commission shall notify member cities of its meeting schedule. Meetings
shall be held at least annually.
Subdivision 2. The Commission may cooperate or contract with the State of Minnesota
or any subdivision thereof or federal agency or private or public organization to accomplish the purposes
for which it is organized.
Subdivision 3. The Commission may acquire, operate, construct and maintain only the
capital improvements, if any, delineated in the watershed management plan adopted by the Board which
the plan states will be constructed by the Board.
Subdivision 4. The Commission may contract for or purchase such insurance as the
Board deems necessary for the protection of the Commission.
Subdivision 5. The Commission may establish and maintain devices for acquiring and
recording hydrological and water quality data within the watershed.
Subdivision 6. The Commission may provide any member governmental unit with
technical data or any other information of which the Commission has knowledge which will assist the
governmental unit in preparing local water management plans within the watershed.
Subdivision 7. The Commission may accumulate reserve funds for the purposes herein
mentioned and may invest funds of the Commission not currently needed for its operations.
17599
r09/02/94
5
.
Subdivision 8. The Commission may collect money, subject to the provisions of this
Agreement, from its members and from any other source, if approved by an affirmative vote of all
commissioners, then appointed.
Subdivision 9. The Commission may make contracts, employ consultants, incur
expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers.
Subdivision 10. The Commission shall cause to be made an annual audit of the books
and accounts of the Commission and shall make and file a report to its members at least once each year
including the following information:
(a) The financial condition of the Commission;
(b) The status of all Commission projects and work within the watershed;
(c) The business transacted by the Commission and other matters which affect the
interests of the Commission. Copies of the report shall be transmitted.to the Clerk
of each member governmental unit.
Subdivision 11. The Commission's books, reports, and records shall be available for and
open to inspection by its members at all reasonable times.
Subdivision 12. The Commission may recommend changes in this Agreement to its
members.
Subdivision 13. The Commission may exercise all other powers necessary and incidental
to the implementation of the purposes and powers set forth herein.
Subdivision 14. Each member reserves the right to conduct separate or concurrent studies
on any matter under study by the Commission.
Subdivision 15. The Board may investigate on its own initiative or upon petition of any
member, complaints relating to water pollution, as defined in the Commission's adopted water
management plan, in the watershed. Upon a finding that the watershed is being polluted, the Board may
17599
r09/02/94
6
take appropriate action to alleviate the pollution and to assist in protecting and improving the water
quality of surface water in the watershed.
Subdivision 16. The Board shall at least every two (2) years solicit interest proposals
for all legal, engineering, auditing, and other technical or professional services before retaining the
services of a professional or extending annual service agreements.
Subdivision 17. The Board shall coordinate its planning activities with contiguous
watershed management organizations and counties conducting water planning and implementation under
Minn. Stat. Chapter 1l0B.
Subdivision 18. The Board shall file an annual report with the Board of Water and Soil
Resources including a financial report on administration, projects, or other expenditures.
8. CONSTRUCTION OF IMPROVEMENTS.
Subdivision 1. Before ordering an improvement, the Board shall secure from an engineer
or some other competent person a preliminary report advising it whether the proposed improvement is
feasible and as to whether it shall best be made as proposed or in connection with some other
improvement and the estimated cost of the improvement as recommended.
Subdivision 2. The Board shall then hold a public hearing on the proposed improvement,
following mailed notice to the clerk of each member governmental unit and publication once each week
for two (2) successive weeks before the date of the hearing in a legal newspaper in the county or
counties in which a part of or all of the affected waters and lands are located. The last publication of
notice shall occur not more than thirty (30) days nor less than ten (10) days before the hearing. The
notice shall state the time and place of hearing, the general nature of the proposed improvement, the
estimated total costs, the estimated cost to be allocated to each member governmental unit. At least ten
(10) days before the hearing, notice by mail shall be given to the counties and to each city or town
17599
r09/02/94
7
.
located wholly or partly within the territory of the Commission. Failure to give mailed notice or defects
in the notice shall not invalidate the proceedings.
Subdivision 3. At the time and place specified in the notice the Board shall hear all
parties interested in the proposed improvement. If upon full hearing, the Board finds that the
improvement will be conducive to public health and promote the general welfare, and is in compliance
with Sections 103B.205 to 103B.255 and the plan adopted pursuant to Section l03B.23l, it shall make
findings accordingly, determine the cost of the improvement, and certify the cost before October to the
county or counties for payment if county bonding is being used to finance the project.
If the Board orders the construction of an improvement, the order shall describe the
improvement, shall designate the engineers to prepare plans and specifications, and shall designate who
will contract for the improvement.
Subdivision 4. All improvement contracts ordered by the Board shall be let in accordance
with State statutory requirements. Bidding and contracting may be done by the Board or the Board may
request a member governmental unit to perform these functions on its behalf.
Subdivision 5. All improvement contracts shall be supervised by the entity awarding the
contract. Representatives of the Commission shall have the right to enter upon the place or places where
the improvement work is in progress for the purpose of making reasonable tests and inspections.
Subdivision 6. The Commission shall have the power of eminent domain. The Board
may also request a member to condemn property on its behalf.
9. FINANCES.
Subdivision 1. The Commission funds may be expended by the Board in accordance with
this Agreement in a manner determined by the Board. The Board may designate one or more national
or state bank or trust companies authorized to receive deposits of public monies to act as depositories
17599
r09/02/94
8
for the Commission funds. In no event shall there be a disbursement of Commission funds without the
signature of at least two (2) Board members, one of whom shall be the treasurer. The treasurer shall
be required to file with the secretary of the Board a bond in the sum of at least $10,000 or such higher
amount as shall be determined by the Board. The Commission shall pay the premium on the bond.
Subdivision 2. Each member shall contribute each year to a general fund to be used for
general administration purposes including, but not limited to: salaries, supplies, development of an
overall plan, insurance, bonds, and water quality monitoring. The funds may also be for improvements,
and for maintenance of any facilities constructed by the Commission. The annual contribution by each
member to the Commission's general fund shall be determined as follows:
(a) fifty percent (50%) of the general fund shall be assessed based on the percentage
of the total assessed valuation of all property in the watershed which is located
within the member's boundaries; and
(b) fifty percent (50 % ), of the general fund based on the percentage of the total area
in the watershed located within the member's boundaries.
Subdivision 3. On or before July I of each year, the Board shall adopt a general
administrative budget for the ensuing year and decide upon the total amount necessary for the general
fund. Adoption of the general administrative budget shall require an affirmative vote of a majority of
all commissioners, then appointed. The secretary of the Board shall certify the budget on or before July
I to the Clerk of each member governmental unit, together with a statement of the proportion of the
budget to be provided by each member. The Board shall, upon notice from any member received prior
to August 1, consider objections to the budget. After considering the objections, the Board may amend
the budget. The budget may not be adopted if the governing bodies of three (3) or more member units
object to it.
Subdivision 4. An improvement fund shall be established for each improvement project
ordered by the Commission. Each member shall pay its proportionate share of the cost of the
17599
r09/02/94
9
.
improvement in accordance with the determination of the Board as set forth herein. The Board, in its
discretion, may require members to make advance payments based upon estimated costs, subject to
adjustment to reflect actual costs, or may bill the members as costs are actually incurred. Members
agree to pay billings within thirty (30) days of receipt. The Board or the member awarding the contract
shall advise other contributing members of the tentative time schedule of the work and the estimated
times when the contributions shall be necessary.
Subdivision 5. All costs of capital improvements designated in the Board's adopted
watershed management plan for construction by the Board shall be apportioned on one of the following
bases:
(a) The ratio of real property valuation of each member within the boundaries of the
benefited area to the total real property valuation within the entire benefited area;
(b) The ratio of storm water runoff produced by each member within the boundaries
of the benefited area to the total runoff of storm water produced by the entire
benefited area;
(c) A combination of the above apportionment methods;
(d) Pursuant to Minn. Stat. 9 103B.25l;
(e) Any basis that is fair and equitable.
Subdivision 6. Any member governmental unit aggrieved by the determination of the
Board as to the allocation of the costs of an improvement shall have fifteen (15) days after the Board
resolution ordering the improvement to appeal the determination. The appeal shall be in writing and
shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall
be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) persons: one
to be appointed by the Board of Commissioners, one to be appointed by the appealing member
governmental unit, and the third to be appointed by the two so selected. In the event the two persons
so selected do not appoint the third person within fifteen (15) days after their appointment, then the
17599
r09/02/94
10
chief judge of the First Judicial District shall have jurisdiction to appoint, upon application of either or
both of the two earlier selected, the third person to the Board. The third person selected shall not be
a resident of any member governmental unit and if appointed by the chief judge, shall be a person
knowledgeable in the subject matter. The arbitrators' expenses and fees, together with other expenses,
not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between
the Commission and the appealing member. Arbitration shall be conducted in accordance with the
Uniform Arbitration Act, Minn. Stat. Chapter 572.
10. SPECIAL ASSESSMENTS. The Commission shall not have the power to levy special
assessments.
11. DURATION.
Subdivision 1. Each member shall be bound by the terms of this Agreement until January
1, 2000, and it may be continued thereafter upon the agreement of all the parties.
Subdivision 2. This Agreement may be terminated prior to January 1, 2000, by the
written agreement of a majority of the members provided that Scott County and the Board of Water and
Soil Resources are given at least ninety (90) days advance notice of the intent to dissolve. Withdrawal
of territories from the watershed district or termination of the watershed district shall comply with the
applicable procedures of Minn. Stat. ~ 103B.221.
Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any
member may petition the Board to dissolve the Agreement. Upon thirty (30) days' notice in writing to
the Clerk or City Administrator of each member governmental unit, the Board shall hold a hearing and
upon a favorable vote, the Board may by resolution recommend that the Agreement be dissolved
provided that Scott County and the Board of Water and Soil Resources are given at least ninety (90)
days advance notice of the intent to dissolve. The resolution shall be submitted to each member
17599
r09/02/94
11
.
governmental unit and if ratified by a majority of the governing bodies of all eligible members within
sixty (60) days, the Board shall dissolve the Commission allowing a reasonable time to complete work
in progress and to dispose of personal property owned by the Commission.
12. DISSOLUTION. Upon dissolution of the Commission, all property of the Commission
shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible
members of the Commission. Such distribution of Commission assets shall be made in proportion to the
total contribution to the Commission required by the last annual budget.
13. EFFECTIVE DATE. This revised Agreement shall be in full force and effect when all
four (4) members, delineated in paragraph 4 of this Agreement, have executed this Agreement. All
members need not sign the same copy. The resolution and signed Agreement shall be filed with the
Scott County Director of Planning, Inspections, and Environmental Health, Scott County Courthouse,
428 South Holmes Street, Shakopee, Minnesota 55379. Prior to the effective date of this revised
Agreement, any signatory may rescind their approval.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing
bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. ~
471.59.
Approved by the City Council
,19_.
CITY OF SHAKOPEE
BY:
ATTEST:
Approved by the City Council
,19_.
CITY OF PRIOR LAKE
BY:
ATTEST:
17599
r09/02/94
12
Approved by the Town Board
,19_.
LOUISVILLE TOWNSHIP
BY:
ATTEST:
Approved by the Town Board
,19_.
JACKSON TOWNSHIP
BY:
ATTEST:
17599
r09/02/94
13
~
-
JOINT POWER AGREEMEHT
ESTABLISHING A WATERSHED COMMISSION
FOR THE SBAKOPEE BASIl WATERSHED
The parties to this agreement are cities and townships
which have land that drain surface water in to the Minnesota
River. This agreement is made pursuant to the authority conferred
upon the parties by Minnesota Statutes 1982 471.59 and 473.875,
et. sea.
1. ~. The parties hereby create and establish the
Shakopee Basin Water Management Commission.
2. General PurDose. The purpose of this agreement is
to provide an organization to preserve and use the natural water
storage and retention of the Shakopee Basin watershed to (a)
reduce to the greatest practical extent capital expenditures
necessary to control exce~sive volumes and rates of runoff,
(b) preserve water quality, (c) prevent flooding and erosion
from surface flows, (d) study ground water recharge; (e) coop-
erate in protecting and enhancing fish and wildlife habitat
and water recreational facilities, (f) secure the other benefits
associated with the proper management of surface water, (g)
to exercise the authority of a watershed district under section
112.65 to accept the transfer of drainage systems in the watershed,
to repair, improve, and maintain the transferred drainage systems,
and to construct all new drainage systems and improvements of
existing drainage systems in the watershed, provided that projects
may be carried out under the powers granted in Chapter 106,
112, or 473 and that proceedings of the board with respect to
the systems must be in conforman~e with the watershed plan adopted
under section 473.878; and (h) carry out all the duties and
responsibilities outlined in Minn. Statutes 473.815 through
473.883, to the extent authorized in this agreement.
3. Definitions.
Subdivision 1. "Commission" means the organization created
by this agreement in full name of which is Shakopee Basin Watershed
Management Commission." It shall be a public agency of its
members.
Subdivision 2. "Board" means the board of commissioners
of the Commission.
Subdivision 3. "Council" means the governing body of a
governmental unit which is a member of this Commission.
1
, .
_.~:......- --.--. ----'-'-- "-~-_.-""------,,-_.......~....._--_._~.........-..'._._-....--......_~- -""'""'--.- _.--- - - ~'. .----.--
Subdivision 4. "Governmental unit" means any township
or city ~hich is. a member of this Commission.
Subdivision 5. "Member" means a governmental unit wnich
enters into this agreement.
Subdivision 6. "Shakopee Basin Watershed" or "watershed"
means the area contained within a line drawn around the extremities
of all terrain whose surface drainage is tributary to this area
and within the mapped areas delineated on the map filed with
the Water Resources Board pursuant to Minn. Statutes 473.87,
Subd. 2.
4. Hembershio. The membership of the CommisSion shall
consist of the following governmental units:
Jackson Township
Louisville Township
City of Shako pee
City of Prior Lake
No change in governmental boundaries, structure, organizational
status or character shall affect the eligibility of any governmental
unit listed to be represented on the Commission, so long as
such governmental unit continues to exist as a separate political f
entity. ,
5. Advisors. The following shall be requested to appoint
a nonvoting advisory member to the Commission:
Scott County
Scott County Soil and Water
Conservation District
The County and District shall not contribute funds for the operation
of the Water Management Organization (WMO), except as provided
in Minn. Statute 473.883, but may provide technical services.
2
,..
.
. ..-......~~....,I~......'-~--.....',,~--..,_.. ',' '-_' -. .~...~-,-. -..-...._~.... -
____._....~._'.>o._...._~ _._ - -___~"""~""'_"-_____________'..'_.
6. Board of Commissioners.
Subdivision 1. the governing body of the Commission shall
be its Board, which shall consist of four (4) members, one from
each governmental unit. The Board shall consist of one (1)
commissioner appointed by Jackson Township, one (1) commissioner
appointed by Louisville Township, one (1) commissioner appointed
by the City of Shakopee, and one (1) commissioner appointed
by the City of Prior Lake. Vacancies in office shall be filled
for the remainder of the term by the governing oodies wno appointed
or had the right to appoint the commissioner. The members shall
meet upon ten (10) days' notice at a time and place selected
QY the Board. .
-
Subdivision 2. The four (4) commissioners snaIl be appointed
for a ~erm to coincide with the formation of the initial Board,
expiring upon adoption of the Plan. The term of each commissioner
shall be two (2) years and until their successors are selected
and qualify, and shall commence on January 1, except t~at, the
terms of the commissioners first appointed' shall commence from
the date of their appointment and shall terminate as follows:
A. One commissioner appointed by the City of Shako pee
whose term shall expire December 31, 1986.
B. One commissioner appointed by the Jackson Township
Board whose term shall expire December 31, 1986.
C. One commissioner appointed by the Louisville Township
Board shall be for a term expiring December 31, 1987.
D. One commissioner appointed by the City of Prior Lake
shall be for a term expiring December 31, 1987. '
Subdivision 3. A commissioner may be removed from the
Board prior to the expiration of his or her term, by the Member
governmental unit replacing the commissioner wno had been appointed.
Subdivision 4. Commissioners shall serve without compensation
from the Commission, but this shall not prevent a governmental
unit from providing compensation for a commissioner for serving
on the Board. ' '
Subdivision 5. At the first meeting of the Board each
year the Board shall elect from its commissioners a chair, a
vice chair, a secretary, a treasurer and such other officers
as it deems necessary to conduct its meetings and affairs.
At the organizational meeting or as soon thereafter as it may
be reasonably done, the Commission shall adopt rules and regulations
governing its meetings. Such rules and regulations may be amended
3
- ~._...-...:..._~....:.......-.--_.. ..- -- -.-. -. ."..-........ .__._.-......~-,~-_....-- .... ~ .....-.-..---. . .~_..-.. .~..._--_.-. - - " .. -
from time to time at either a regular or a special meeting or
the Commission provided that at least ten (10) days' prior notice
of the proposed amendment has been furnished to each person
to whom notice of the Board meetings 1s required to be sent.
A majority vote of all eligible votes of the then existing members
of the commission shall be sufficient to adopt any proposed
amendment to such rules and regulations.
1. Powers and Duties of the Commission.
Subdivision 1. The Commission, acting by its Board of
Commissioners:
(a) Shall prepare a watershed management plan meeting
the requirements of Minn. Statute q73.818j
(b) The plan as developed by the Watershed Commission.
shall include and address those items as listed in section
2 under General Purpose. Each Member within the ~atershed
organization shall approve said plan prior to its adoption
prior to drafting an implementation plan.
Subdivision 2. The Commission may, with unanimous approval
of the Board, employ such persons as it deems necessary to accomplish
its duties and powers.
Subdivision 3. The Commission may contract for space and
for material and supplies to carryon its activities either
with a Member or elsewhere.
r,
'-
Subdivision 4. The Commission may acquire necessary personal
property to carry out its powers and its duties.
Subdivision 5. The Commission may make necessary surveys
or use other reliable surveys and data to prepare and submit
a plan.
Subdivision 6. The Commission shall cooperate with the
Minnesota Water Resources Board and other Minnesota and Federal
agencies concerned with water problems for obtaining information
to prepare and submit a plan.
Subdivision 7. The Commission when authorized by the plan
may contract for or purchase such insurance as the Board deems
necessary for the protection of the Commission.
Subdivision 8. The commission may enter upon lands within
or without the watershed when necessary to make surveys and
investigations to accomplish the purposes of the Commission.
This does not preempt the property owners rights to assert a
claim for damages where interference with the use of the land
takes place.
4
T
-
.-...,.........:-.:--...-.
~~.
, ,.....""=='~~_,..~.J___.__ ~c",..., .__...,.._________
Subdivision 9. The Commission shall upon request provide
any member governmental unit with technical data, or any other
I
information which the Commission has knowledge of, which will
assist the governmental unit in preparing land use classifications
or local water management plans within the watershed.
Subdivision 10. The Commission may collect money subject
to the provisions of this agreement, from its Members and from
any other source approved by a majority of its Board. No money
shall be collected or authorized for the cost of a capital improve-
ment unless such capital improvement is approved by the Town
Board or City Council of each of the members of the Commission
in such manner as they shall determine. Once such improvement
is approved by the Town Board or City Council of each member,
payment shall then be made according to M.S. 473.883.
Subdivision 11. The Commission may, with unanimous approval
of the Board, make contracts, incur expenses and make expenditures
necessary and incidental to the effectuation of its purposes
and powers, with regard to formulating the plan except as limited
by this agreement.
Subdivision 12. The Commission shall cause to be made
an annual audit of the books and accounts of the commission
and shall make and file a report to its Members at least once
each year including the following information:
(a) The financial condition of the commission;
(b) The status of plan; and
(c) The business transacted by the Commission and other
matters which affect the interests of the commission.
Copies of the report shall be transmitted to the clerk
of each member governmental unit.
Subdivision 13. The Commission's books, reports and records
shall be available for, and open to, inspection by its members
at all reasonable times.
Subdivision 14. The Commission may recommend changes in
this agreement to its Members. Any changes must be accepted
an~ approved by all the Members.
Subdivision 15. Should the Commission decline to undertake
any of its powers hereinbefore set forth in this Paragraph 7,
any individual Member of this Commission, at its sole cost and
expense, may undertake any project this Commission has declined
to undertake, provided said project does not adversely affect
the other Members of this Commission.
5
...~.---
. -~...
8. Finances.
Subdivision 1. The Commission funds may be expended by
the Board 1n accordance with this agreement 1n a manner determined
by the Board. The Board shall designate one or more national
or state bank or trust companies authorized to receive deposits
of public monies to act as depositories for the Commission funds. In
no event shall there be a disbursement of Commission funds without
the signature of a least two Board members, one or whom shall
be the treasurer. The treasurer shall be required to file with
the secretary of the Board a bond in the sum of at least $10,000.00
or such higher amount as shall be determined by the Board.
The commission shall pay the premium on said bond.
Subdivision 2. General Administration; contents. Each
Member agrees to contribute each year to a general fund, said
fund to be used for general administration purposes including,
but not limited to: salaries, rent, supplies, development of
an overall plan, insurance, bonds. The funds may also be used
for normal maintenance of the facilities, but any extraordinary
maintenance or repair expense shall be treated as an improvement
cost and processed in accordance with Subdivision 3 of this
paragraph. The annual contribution by each Member shall be
based fifty percent (50~) on the assessed valuation of all property
within the watershed and fifty percent(50~) on the basis 01
the total area of each Member within the boundaries of the watershed
each year to the total area in the watershed. In no event shall
any assessment require a contribution by a local unit of government
in any calendar year to exceed one-half of a mill on each dollar
of assessed valuation of its territory within the watershed.
The township governmental unit at the annual meeting Shall make
a levy not to exceed the amount assessed.
'-
Subdivision 3. On or before January 1st of each year,
the Board shall prepare a proposed general administrative budget
for the ensuing year and decide upon the total amount necessary
for the general fund. On or before January 5th of each year,
the secretary of the Board shall certify the proposed budget
to the Clerk of each Member governmental unit, together with
a statement of the proportion of the proposed budget to be provided
by each Member. Each Member agrees it will review the proposed
budget. The Board shall, upon notice from any Member received
prior to February 1st, hear objections to the proposed budget,
and may upon notice to all Members and after a hearing, modify
or amend the proposed budget, and then, on or before March 1st
the secretary of the Board shall give notice to the Members
of any and all modifications or amendments to the proposed budget.
Each Member then agrees to act on the proposed budget with any
revisions or amendments by March 31st, and said determination
shall be conclusive.
6
T
-
.--.-.----------- ------.."-.--. ..-.;. - -_.~.-....__..,_":",..--,;",--"",~"",~,,,-,.
.~~-"""_"""""'cL"""_.;"'-
Subdivision 4. The Fiscal Year for the Commission shall
be April 1st to March 31st.
9. Duration.
Subdivision 1. Each member agrees to be bound by the terms
of this agreement until January 1, 2000, and it may be continued
thereafter upon the agreement of all the parties.
Subdivision 2. This agreement may be terminated prior
to ~anuary 1, 2000 by the written agreement of 3/4 of the members.
Subdivision 3. In addition to the manner p~ovided in Subdi-
vision 2 for termination, any member may petition the Board
to dissolve the agreement. Upon 30 days' notice in writing
the the clerk of each Member governmental unit, the Board shall
hold a hearing and upon a favorable vote by 3/4 of all eligible
votes of then existing Board members, the Board shall by resolution
recommend that the commission be dissolved.
10. Dissolution
Upon dissolution of the Commission, all property of the
Commission shall be sold and the proceedS thereof, together
with monies on hand, shall be distributed to the eligible members
of the Commission. Such distribution of Commission assets shall
be made in proportion to the total contribution to the Commission
required by the last annual budget.
11. Effective Date.
This agreement shall be in full force and effect when all
delineated designated governmental units within the watershed
in paragraph four of this agreement, file a certified copy of
a resolution approving this agreement and upon the execution
of this agreement by all the parties. All Members need not
sign the same copy. The resolution and signed agreement shall
be filed with the Scott County Director of Planning, Inspections
and Environmental Health, Scott County Courthouse, 428 S. Holmes,
Shakopee, MN, 55379, who shall notify all Members in writing
of its effective date and set a date for the Board's first meeting.
The first meeting shall take place at the Scott County Assembly
Room, 428 S. Holmes, Shakopee, MN, 55379, within 60 days after
the effective date. Prior to the effective date of this agreement,
any signatory may rescind their approval. Unless all 4 potential
Members have signed this agreement by July 1, 1985, it shall
be null and void.
7
".- ._,.._-----.-:-.~-~-,_.-.._--
. ._..____ ___..____.__t..'"'.........- .-_
-.-..____..../ _H'
IN WITNESS WHEREOF, thf! under':;igned governmental units,
by action of their governing bodies, have caused this agreement
to be executed 1n accordance with the authority 01" Minn.
Stat. 471.59.
CIn OF/RIO~ /1.
BY .~~.t.y__'-L_ ~~J
ITS -1~' ---
I\1JD '-lVf..L (. ,-",<;.. ed. )1 /1-t0 <.~.
ITS Il I J.l 1'-' ^ (j ~7 ,......
CI"~ S!lIKOPE /
BY _. :I~r:v . ~
I"ts HAYO ~ yfg- ___ '
-.1 ---/ ,(/
13 y JJ!Jt ----, t . ''-/ ~
cVTS CIT~ AI;~I.l ~,r..JTRA, ~YR
~-Jr I - Y-
Al . ,..; I. ' ~~,;.,I . / _....-
ITS CITY CL~RK I
TOWNSHIP OF LOUISVILLE_
0/ ..2/ -X../ .
BY, ....c~"c.7..~ ( /., L ~~'/?'7'"?'./ _~
ITS CHAIRHAN //
~ \\ ~"'\l .
BY iJv.."f'~ \' ,\\ ,--t t./\
11 \ CLERK
J
1
,.
TOWUSIIIP OF JACKSON
BY --d;WAw O/;?'~/
ITS CHAIR~IAN r1/ I' /
BY )2~d~~~w-/~J
~f~ERK /
8
r
.
,~"\\! .iL~~j- ~~\':C~'c< " ,
'~.,.~.~,==~ 'f'
',ThO ~~\ '\ ;T\~,'.. 'I\t~,,::~;< ~
'I'" ..",./, .
~" ...\~ji l
~L ,\_.y" ,c
"'~t.:! a-tlpl~, \
\r..: ~"Ol;?~":";
-~
~-:?-Ii
;--7' I:
. Jt ~
'_I~')~U~~
\.e./ " /~,
--''I ,~~
~'~
F,
If-
:i -/
-- llr:~~
:: ".. .il,:,!"....;!:
.:\ . I
,? / ,;''1'-'
j;/~<:jit-- ,!
c
')
a.
c
.Z
'"
?,:
~
en
1,0
w,
W '"T'" '.-<Co
~cUic';:'~
<(a:, 1,\
.u "
(
. -
.f,. ~
TO:
FROM:
BARR ENGINEERING CO.
MEMORANDUM
David Hutton, Director of Public Works/City Engineer
BKL
SUBJECT: Preliminary scope of services
Modifications to the Savage Fen groundwater model.
General
The purpose of the project proposed in this document is to defme those areas, beyond the Savage city
limits, where the construction and operation of high capacity wells will have an adverse impact on Eagle
Creek, Boiling Springs 1 and 2, or the Savage Fen Wetland Complex. In addition to this, the project will
also entail a review of the feasibility of using the Kraemer and/or Shiely quarries as potential sources of
potable water for communities in the area. To accomplish these objectives, Barr proposes to generate
at least two modified groundwater models from the existing Savage Fen Model. One will address
Bloomington, Burnsville and the Kraemer quarry, while the other will focus on the Shiely quarry and
Prior Lake area. In addition, Barr will meet with the Minnesota Department of Health (MDH) and
perform preliminary studies to determine treatment criteria for the potential water sources at Kraemer and
Shiely quarries. Finally, the work on the Shiely quarry will include a detailed review of the proposed
increase in dewatering to determine if it will adversely impact the City of Shakopee's wells, Deans Lake
or any of the surrounding wetlands. The following is a preliminary outline of tasks required to
accomplish the project objectives for each community involved.
City of Burnsville Wells Assessment
Barr proposes to modify the existing regional Savage Fen groundwater model and specifically tailor it
to the Bumsville Kraemer Quarry area. Following are the tasks needed to perform the modifications to
the Savage model in order to evaluate the potential impacts from the City of Burnsville future wells.
Task 1.
Task 2.
Task 3.
Review existing information
.
.
.
City of Bumsville Wells
Comprehensive Water Study
Kraemer Quarry Pumping Rates
Modify Model
.
A sweep of all nodes to ensure that they coincide in all layers and in neighboring analytic
elements
Refinement of elements near the Kraemer Quarry
Refinement of leaky elements near City of Burnsville wells
.
.
Modeling Scenarios
.
.
.
.
Present situation
Proposed location of wells
Three or four additional location alternatives
Use of Kraemer quarry water in lieu of some or all wells
t
.
Evaluation of Kraemer Ouarry
In addition to the model modifications, Barr proposes the following tasks to review the use of Kraemer
Quarry dewatering water as a source of potable water.
Task 1.
Task 2.
Task 3.
Gather data
.
.
.
Verify quarry life and ultimate dewatering needs
Review existing water quality data
Review existing dewatering draw down data
Treatment requirements
.
.
.
Meet with MDH to determine criteria for treatment requirements
Scope tasks required to gather additional data, based on MDH meeting
Produce preliminary design recommendations report
Dewatering effects
.
.
.
Obtain wetland delineation data
Review groundwater model results and determine effects to delineated wetlands
Produce report summarizing findings
Savage/Shiely Quarry Assessment
Barr proposes to make further modifications to the Savage Fen model near the Shiely Quarry to eliminate
minor model instabilities and to improve accuracy in the Shiely pit area. To provide a more accurate
assessment of the potential impacts of an increase in dewatering rates on the Savage Fen Wetland
Complex, Eagle Creek, Boiling Springs 1 and 2, the City of Shakopee's wells and Dean's Lake, we
would need to perform the following tasks:
Task 1.
Task 2.
Task 3.
Review existing information
.
.
.
.
City of Shakopee wells and plans for future expansion
Review geologic information in that area
Shiely quarry pumping history, including draw down and water quality information
Existing studies on Deans Lake
Treatment requirements
.
.
.
Meet with MDH to determine criteria for treatment requirements
Scope tasks required to gather additional data based on MDH meeting
Produce preliminary design recommendations report
Dewatering effects (Meyer model)
.
.
.
.
Obtain wetland delineation data and review past Dean's Lake work
Produce Meyer model water balance for the Dean's Lake and Shiely Quarry area
Produce report summarizing findings
Meet and coordinate with Minnesota Department of Natural Resources to avoid duplicate
work on the area
.. . ,_,_~,-,,,~,"~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_~____"~,,.,~,,,,,,,,,,,_,,,,_,,,.<<_,,__'~M__"__""'_"_"'__'___~_~__'~_""'_"~~">~'""_~"" .
,
.
',-
Task 4.
Task 5.
Modify Model
.
Eliminate instability by revisiting the grid to relocate nodes that do not coincide. A sweep
of all nodes will be needed to ensure that they coincide in all layers and in neighboring
analytic elements
Refine elements near the Shiely quarry
Refine leaky elements beneath Dean's Lake
Refine elements near the City of Shakopee wells
Incorporate warranted geologic detail in the area.
.
.
.
.
Modeling Scenarios
.
.
.
Present situation
Impact of an increase of pumping rate at the Shiely quarry
Three or four modeling scenarios to evaluate the effect of different pumping rates and
identify specific well locations needed to dewater the quarry
Produce report summarizing findings
.
City of Prior Lake Assessment
The tasks in this assessment are identical to those performed for Bumsville with the following differences:
. The details of the geologic information near the Burnsville wells were already compiled and
analyzed in a prior modeling study. More work will be required to render a realistic
simulation of the groundwater flow field in the Prior Lake area.
. The details for the quarry will have already been performed while evaluating the impacts
of the Shiely quarry.
. Review City Comprehensive Water Study.
. Model runs may include moving all of the city's wells to the west side of the city to verify
if that would impact the natural resources already listed.
. Prior Lake work would exclude the separate tasks involving the quarry.
City of Bloomington Well Assessment
Barr proposes to address the City of Bloomington's future wells in a two phased approach because there
is a high likelihood that they will not adversely affect any of the natural resources discussed earlier. The
first phase would be a screening step to verify whether or not additional work is warranted. If additional
work is deemed necessary then a second more extensive modeling effort would begin. To accomplish
these goals the following tasks would be required:
Screening Step.
Task 1.
Review existing information
.
.
.
City of Bloomington's existing wells
Comprehensive Water Study
Proposed ultimate groundwater needs
T
.
Task 2.
Task 3.
Modify Model
.
.
Include effects of the proposed City wells at Minnesota river boundary of model
Minor refinement of elements near the Minnesota River
Evaluate potential effect
.
.
.
Present situation
Proposed wells
Letter report
Task 1.
Evaluation Step.
Task 2.
Task 3.
Review of existing data
.
.
.
Review of Bloomington geology and wells records
Determine new model boundary conditions
Gather calibration data relevant to Bloomington
Modify Model
.
.
.
Modify model layers to include geology north of the Minnesota River
Modify leaky elements near the Minnesota River
Add Nine Mile creek linear elements
Modeling Scenarios
.
.
.
.
Present situation
Proposed location of wells
Three or four additional location alternatives
Produce report summarizing findings
Project Cost and Schedule
Barr proposes to complete the work listed in this document according to the attached Alternative Water
Supply Evaluation Schedule. Barr further proposes to complete the work as listed in this document for
the costs shown on the attached Alternative Water Supply Evaluation Cost Estimate with the
understanding that task modifications may alter final proposed costs.
'_""'_"~"___'.'.'__''''''''''' ..." '_'e'N__'~~_"'"'''''~~'''_''' <_.,.... ''''''__'_._,~,.,,_ '__"~"'~'.__'_~>_ ". __.. ......___..__.
..
-
Q)
:::::I
"0
Q)
.c
(..)
en
c
o
::::
C'Cl
:::::I
Cii
>
w
:::-
a.
a.
:::::I
en
~
Q)
-
C'Cl
3:
Q)
>
::::
C'Cl
c
...
Q)
-
~
-
c ..-.
0) 0:;
::.. E"C -
j;. lJ) 0 c
~ ~:E O)E
:J lJ) CIl lJ) Qi
o c CIl C>' :g 'Q) ~ 0)
... Q) < .Q):E 0) :>0' C :>
lJ) 0) E ~oE- lJ) lJ)0 lJ) ~ Q) ~O lJ)
o E Q)2 "'cQ)lJ) 0 ~c 0 Cc 0 Cc 0
~ 0) ~U m-~a ~ - ~ 0- ~ 0 ~
0)0 m m ~Q) :Jo~Q) ~ 0)0 ~ mO u m~ ~
~~Q)i ~ Q)ffi o~Q)ffio:;i i~o:;Q) ~~Q)Q)tS;o:;Q)
CIl--oU _~~ >'lJ)~"CU ~-"CU ElJ)"C=oE~-ou
c'xo(/) oCti-g> 'Q)'x-g>o(/) ....xo(/) o'xowo.oxo(/)
",w:Eo coc- ~wc-:Eo oW:Eo w:EQ)Q)ow:Eo
:J~ c o...O)Qi (/)~Q)Qi c ~~>.~ ~~ -~-~ c
mQ)~~t-Q)ECti _Q)ECti~~t~Q)_Q)tmQ)~~...mQ)~~t
_-~"CoCti~Cti~tO)~Cti~~-oo-~~"Co--"C-S---o"Co
o~ooo.:JCti~Q)o~Q)~Q)ooo.oQ)ooo.o~o~~o~ooo.
~~:E:E~~~~O~>~~O:E:E~~~:E:E~~~:EW~~~:E:EQ)
U~NM<< ~~NM~~~C\iM-.iLO<< O~C\iM<< U~C\iM-.i(.)~NM:C
~ x
<<
<<
> <<
(') <<
a: <<
<<
< <<
::J N <<
Z <<
<<
< <<
..., ,... <<
<<
<<
a: <<
~ <<
W <<
<<
m <<
en :E (') <<
W <<
<<
~ (.) <<
W W N <<
C <<
W <<
~ <<
,... <<
<<
W <<
z a: <<
::::i ~ <<
W <<
w m <<
:E :E <<
(') <<
~ W <<
<<
> <<
0 N <<
Z <<
<<
<<
,... <<
<<
<<
<<
~ <<
a: <<
<<
w
m (')
0
....
U N
0
,...
~
(/)
<
....
-
C
0)
E
III
III
Q)
III
CIl
<
!!
'Q)O
::c
x
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
x
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<<
<<
<<
<<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<< <<
<<' <<
<< <<
<< <<
<<
<<
<<
<<
.
<<
<<
<<
x
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
.
<<
<<
<<
<<
<<
..
<<
<<
.
<<
<<
<<
<<
<<
<<
..
..
<<
<<
<<
.
<<
<<
<<
<<
<<
<<
<<
<<
.
<<
<<
<<
x
<<
<<
<<
<<
<<
<<
<<
<<
..
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
.
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
<<
.
x :c
<< << 0)
"C
<< 0)
<< 0)
<< C
-
:::.
.... .c.
0) 0)
-
(/)
C c
0
:;:
c m
(j)
0)
0)
...
U
(/)
I
-
C
0)
E
CIl
lJ)
0)
lJ)
CIl
<
:J
~
>
W
I
-
C
0)
E
CIl
lJ)
0)
lJ)
CIl
<
,
Ci
c
'2
Q)
Q)
...
U
(/)
C
o
a,
c
'E
o
o
CD
0.
Q)
U
x
~
.::t:.
<5 t
~t:: 0
0lJ)0.
(ijar~~
00"',-_
Q)Q)0~
E"5e-t5
:::l c 0._
~'u; C 0
~ ~ ~ ~
~.S (:; ~
-5-o~~
Q)Q)lJ)"o
~-gSlJ)
u_~Q)
lJ)uu_
t.S ~ ~
o Q) e'-
en ~..o ,- -g
Q)~=: 'X-
o. .~<<
z,... NM
.
(\)
-
ca
E
+:i
In
W
-
In
o
()
r:::
o
+:i
ca
:J
CiS
>
w
>-
C.
C.
:J
en
...
(\)
-
ca
3:
(\)
>
'';::
ca
r:::
...
(\)
-
<c
"
-
c
Q)
E
l/l
l/l
Q)
l/l
l/l
<C
.IE.
Gi
3:
.!!
'S;
l/l
C
....
~
CD
-
o
>-
-
u
...J It) 0 0 It) 0
~ ,... C\l It) ex> "
,... " C\l ~- It)
~ ,... C\f Lri' C\l ,...
tit tit tit tit ,...
co th
:J
CJ)
...J 0 0 0 0 0
~ LO 0 LO LO LO
th C\l " (") (")
0 tit tit tit ,...
I- tit
CC
:J
CJ)
.0 0 0 0 0
...J (") C\l LO 0 0
a: tit tit tit C\l (")
~ tit tit
~
~ 0 0 0
0 0 0
W ,... (") ~
::s tit tit th
~
0
0- tit
:J
0
W
0 0 0 0 0
0- C\l ex> 0 It) It)
tit tit ~ ,... co
~ tit th tit
0
()
...J It) 0 0 It) 0
~ co C\l 0 (") C\l
0_ LO_ LO ,... C\l
~ ,... C\l ..j C\f ci
tit tit tit tit ,...
cc tit
:J
CJ)
C\l ex> 0
I ,...
()
W
I-
C\l ~ It) 0 ex> "
0 C\l (") co
a:
0
>-
I
,... co C\l 0 0 ex>
0 ,... (") ,... LO
a:
0
>-
I
(") C\l (") ex>
<D
Z
W
C\l C\l
g
0-
0 ...J
1Il ~
:s 0
.\:: ~
I.~ <tl
c: CC
Qi Q)
iii 0 :J
'x '0 CJ) CJ)
W 0 I.~
~
3: ~
Q) Qi t
~ '5 '0 '0 g
Q) 0 0
CJ) a: ~ ~ Q)
~ a:
,... N (") .
~
CJ)
~
CJ)
W
CJ)
Z
W
0-
X
W
a:
o
CC
::s
~
....
<tl
~
o
...J 0 0 It) LO 0
~ (") (") 0 (") 0
co C\l q "- co
0 tit (") ,... C\l r-:
I- tit tit tit tit
co
:J
CJ)
...J It) LO 0 0 0
~ LO co ~ 0 co
tit th ,... (") LO
~ tit tit tit
CC
:J
CJ)
.0 0 0 0 0
...J (") ~ co 0 (")
a: tit tit tit C\l (")
~ tit tit
~
~ 0
tit
W
::s
~
0
a.: tit
:J
0
W
LO It) 0 0 0
a.: C\l C\l ex> 0 (")
tit tit tit ,... C\l
~ tit tit
0
()
...J LO It) LO LO 0
~ " co co (") ~
It) ,... ex> ~ 0
0 tit (") tit C\l- ,,-
I- tit tit tit
CC
:J
CJ)
C\l C\l C\l " (")
I ,...
()
W
I-
C\l ~ C\l It) ,...
0 ,...
a:
0
>-
J:
,... C\l ~ C\l 0 ex>
0 ,... ,...
a:
0
>-
I
,... LO LO 0 ,...
(") ,... LO
<D
Z
w
,... ,... C\l ~
()
a:
1Il
'E
Q) ...J
E 1Il ~
~
.~ t5 0
Q) I-
:t:: CC
Q) W :J
<tl a: g
Cti 'E CJ)
0 Q) .\::
.... E Q)
Q) ai
.s::; ai 3: t
~ Cti Q) Q) I~
CJ) <D .= 0 Q)
~ C\l (") a:
,... .
~
CJ)
<(
I-
CJ)
W
CJ)
Z
W
0-
X
W
a:
o
CC
<(
...J
....
Q)
E
Q)
lIS
....
~
-
o
c
o
-=
lIS
~
ca
>
w
-
C
Q)
E
l/l
l/l
Q)
l/l
l/l
<C
~
....
lIS
~
o
>-
Gi
:c
(/)
QJ
Cl
lIS
>
lIS
(/)
...J It) LO It) It) 0 It) LO
~ ~ C\l 0'1 co ex> 0 ,...
0 C\l ex> ~ ,... ,... 0'1_
~ C\l (") ,... It) " co It)
tit tit ,... tit tit tit (")
co th th
:J
CJ)
...J 0 0 0 0 0 0 0
~ LO co ~ " 0 LO "
th th " (") " (") C\l
0 tit tit th tit C\l
I- tit
CC
:J
CJ)
,0 0 0 0 0 0 0
...J (") ~ C\l C\l It) 0 co
a: tit tit C\l tit tit C\l It)
~ tit tit tit
~
~ 0 0 0
0 It) It)
W ,... (") ~
::s th tit th
:iE
0 0
~ 0 0
LO LO
:J tit tit
0
W
0 0 0 0 0 0 0
a.: C\l C\l C\l It) 0 It) co
tit tit tit C\l (") ,... "
~ tit tit tit tit
0
()
...J LO LO LO It) 0 LO It)
~ 0'1 co LO 0'1 ex> It) ~
0'1 ,... ,... 0 ~ " co
0 ,... (") ,... It) co Lri' M
I- tit tit ,... tit tit tit (")
CC tit tit
:J
CJ)
(") C\l 0 co co 0 "
I C\l ,... ~
()
W
I-
C\l 0 0 0 0 It) It)
0 ,... co ~ ~ (") ex>
a: ,...
0
>-
I
,... 0 ~ C\l It) 0 It) co
0 ,... C\l ~ C\l 0
a: ,...
0
>-
I
~ LO It) ~ ~ 0 C\l
(") ex> ,... ~
<D ,...
Z
W
,... ,... ,... ,... (") "
()
a:
1:::::-
Q)
'0
0
~
....
1Il I~
'E Q)
0 Q) I~ ...J
E 1Il ~
:s ~ 1Il 0
t5 .\:: 0
I.~ .~ Q) <tl I-
:t:: c: CC
Q) w Qi Q)
iii a: g 0 :J
'x '0 CJ) CJ)
'E 0
w Q) .\:: ~ I.~
3: E Q) I~
Q) ai ai (j) t
'5 3: '0 "C 8
~ Q) Q) Q) 0 0
CJ) a: .= 0 ~ ~ Q)
~ N (") ~ Lci a:
,... .
~
CJ)
~
CJ)
w
CJ)
z
W
0-
X
W
a:
o
cc
::s
1Il
t
o 1Il
0. 1Il
Q) Q)
.... 1Il
Q) ~
ai
.... .9
<tl c:
at 0
rn ~ C>>
c: 0 c:
~:; 'E
- Q) 0
.... '0 0
Q).:::l 1i5
.5~u
<tl ,... c: . '0
'-_>-';;; It)>.
1:: Qi.... 0'1 :=
O-<tl 0'10
o.<tlE 1Il :.~
~ ._ iii !;..'~
Q)xo <tl-
Oleo 20
c: 0.0 ..c-
.- 0. c: Q) '0
lIl<tl'O LL.Q)
<tl >. c: >. 1Il
o ..c <tl ..c g,
'E'O~ '0 e
~~2 20.
Q) :::l ~ ~ 1Il
c: "C 0.'-
:o~~ EC:'
EQ)Q) ogg
o..clll O<tl:.:
0_'0 Q):::lQ)
Q)=~ ..c(ij'O
....3:= _>0
<tllll..c =Q)E
lIliiiQ)23:Cl....
ClO..c<tl':'::C:Q)
.5;o=Eo'c€
-gt'31;; 3: Q):::l
:;::OlllQ)'O~-
O'CllllQ)O....
-€;'~ C:'- 1Il1ll"E
:::l-;:.5o(ij'O
- <tl Q) c: 0.._ Q)
~oQ),-e'2Q)
"(ij- E E 0..- C
~_~=Q)=cQ)
o--<(.s::;<(<(.s::;
z~ N-(,,)~-
T
I
"
Q)
-
Cll
E
:;:;
If)
w
-
If)
0
0
c
0
:;:;
Cll
~
CO
>
w ~
~ I:
Q)
c. E
c. III
~ III
en Q)
III
J... III
Q) <
- Q)
Cll ..\l:
3: ca
...J
Q) ...
> 0
:;:; .;:
Cll Co
C -
J... 0
Q) >-
- ~
< U
...J ll') 0 0 ll') 0
~ """ C\J 0 CXl ll')
ll') r-- """ """ ,....
0 cr) C\J- "",,- C\J C!)-
t- ~ ~ ~ ~ ,....
co ~
::::>
CI}
...J 0 0 0 0 0
~ ll') 0 ll') ll') ll')
~ C\J r-- C!) C!)
0 ~ ~ ~ ,....
t- ~
co
::>
CI}
.0 0 0 0 0
...J C!) C\J ll') 0 0
a: ~ ~ ~ C\J C!)
~ ~ ~
:2
:2 0 0 0
0 0 0
W ,.... C!) """
:5 ~ ~ ~
:2
0
a.. ~
::>
0
w
0 0 0 0 0
c.: C\J CXl 0 ll') ll')
~ ~ """ ,.... <D
:2 ~ ~ ~
0
0
...J ll') 0 0 ll') 0
~ 0) C\J ll') C!) 0
""" ll') <D ,.... CXl
0 M C\J M C\J- ,....
t- ~ ~ ~ ~ ,....
CO ~
::>
CI}
C!) CXl ,....
:::r: ,....
0
W
t-
C\J ll') ll') 0 CXl CO
0 ,.... C\l C!) r--
a:
0
>-
:::r:
,.... ll') C\J 0 0 r--
0 C\J ,.... C\J ,.... <D
a:
0
>-
:::r:
C!) C\J C!) co
CJ
Z
W
,.... C\J C!)
0
a::
ci ...J
III ~
C 0
~ 'C 0
ca t-
c CO
'Q) lD
III 0 ::>
'x '0 CI} CI}
0
w :2 .~
:: I~
lD 'Q) t
~ '5 '0 '0 18
lD 0 0
CI} a: :2 :2 lD
<( a:
t- ,.... C\J C!).
~
CI}
~
CI}
w
CI}
z
w
a..
X
w
a:
o
co
:5
Co
Q)
~
en
Cl
I:
'2
Q)
Q)
...
(.)
en
I
~
I:
Q)
E
III
III
Q)
III
III
<
Qj
3:
I:
o
~
Cl
.5
E
o
o
m
-
o
>-
~
u
...J 0 ll') ll') ll') ll')
~ CXl 0 It) """ CXl
<D """ """ co ,....
0 ~ ~ ~ ~ C\l-
t- ~
co
::::>
CI}
...J 0 0 0 0 0
~ ll') 0) 0) """ r--
~ ~ ~ ~ C\l
0 ~
t-
co
::>
CJ)
.0 0 0 0 0
...J C!) ,.... ,.... C\l r--
a: ~ ~ ~ ~ ~
~
:2
:2 0 0 0
ll') ll') 0
w ~ ~ ,....
:5 ~
:2
0
c.: ~
::::>
0
w
0 0 0 0 0
a.. C\J C!) C!) C\J 0
~ ~ ~ ~ ,....
:2 ~
0
0
...J 0 ll') ll') ll') ll')
~ C!) ,.... <D 0 ,....
<D C!) C!) <D 0)
0 ~ ~ ~ ~ ,....
t- ~
co
::>
CI}
,.... C\J C!)
:::r:
0
w
t-
C\l ,.... ,.... C\l """
0
a:
0
>-
:::r:
,.... """ C!) C\J C!) C\J
0 ,....
a:
0
>-
:::r:
,.... ,.... C\J """
CJ
Z
W
,.... ,.... C\J
g
a..
(tj
ci c: ...J
lD ~
C 0
.~ a.. 0
- t-
o co
Cii 'Q) lD t ::>
:t::
'x '0 W 8- CI}
0
w :2 lD lD
:: ~ 1il a:
lD ::l ...
~ "5 '0 (tj 2
lD 0 > a;
en a: :2 w ...J
~ ,.... C\i C':i -.:f
~
en
;::
CI)
w
en
z
w
a..
X
w
a:
o
co
:5
-
"C
Q)
"C
Q)
Q)
I:
-
C
...J ll') 0 ll') ll') ll')
~ """ ll') C\l <D CXl
co <D """ C\J or-:
~ cr) C\l C!) C\l C\l
~ ~ ~ ~ ,....
co ~
::::>
CI}
...J 0 ll') 0 0 ll')
~ ll') r-- 0 0 C\J
~ ,.... ll') C!) 0
0 ~ ~ ~ ,....
t- ~
co
::::>
CJ)
.J 0 0 0 0 0
C!) C\l ll') ll') ll')
a: ~ ~ ~ ,.... C\J
~ ~ ~
:2
:2 ll') 0 ll')
r-- 0 r--
w ~ C\J C\J
:5 ~ ~
:2
0
!;b ~
::>
0
w
0 0 0 0 0
a.. C\J CXl ll') ll') 0
~ ~ C\J ,.... ll')
:2 ~ ~ ~
0
0
...J ll') ll') ll') ll') 0
~ 0) r-- C\l <D <D
r-- """ 0) 0) ,....
0 M C\J C\J ,.... ,....
t- ~ ~ ~ ~ ,....
co ~
::>
en
C!) CXl ,....
:::r: ,....
0
W
t-
C\J 0 0 ll') co C!)
0 C\l C\l C\l r--
a:
0
>-
:::r:
,.... ll') ll') ll') co C!)
0 C\J ,.... ,.... <D
a:
0
>-
:::r:
C!) C\J C!) co
CJ
Z
W
,.... C\J C!)
0
a::
.E ...J
III ~
J: 0
.~ 'C 0
ca t-
I: co
'Q) lD
Cii 0 ::>
'x '0 CI} CI}
w 0 .~
:2
:: ~
lD 'Q) t
~ '5 '0 '0 g
lD 0 0
en a: :2 :2 lD
~ a:
,.... C\J C':i .
~
en
<(
t-
CI)
W
CI}
Z
w
a..
X
w
a:
o
co
<(
...J
Co
Q)
~
en
I:
o
'';:
ca
::l
iU
>
LU
I
~
I:
Q)
E
III
III
Q)
III
III
<
Qj
3:
I:
o
~
Cl
I:
E
o
o
m
-
o
>-
~
U
III
t
o
0.
lD
...
lD
ca
...
ctl
0.
lD
III
C
ctl
:;
III
III
lD
III
III
ctl
.9
c
o
... C5l
o c
:; 'E
Q) 0
... '0 0
lD .::l iJ5
:;~(3
ctl,.... C . '0
..... >'0) ll') >
t'Q).... 0);::
O-ctl ~O
o.ctllll
~ .~ Cii ~ ~
.!E~8 ~::
g'Cio .0.2
.- 0. C lD '0
IIlctl'O Ll.lD
ctl >c > III
o.octl .o&.
c:"O~ '0 e
:O~2 20.
lD::l ctl ~ III
.5 -g ~ 0. .-
.0...0. EC'
E Q) lD 0 .2 g>
0.0 III oca:::
0_'0 lD::llD
lD:::~ .o(ii'O
...::::: _>0
ctl22.olD~lDE
~~J51il~ g'Ci>
,S; 0= E o'c€
-g t '~ ~ :: lD ::l
:;:::OllllD'O~-
o.C)1Il lD 0'"
~ ~ C -- III III .2
::l-;;:;0(tj'O
-ctllDco.'-lD
~olD.-e'2lD
--(tj- E E 0.,- C
~_~=lD=ClD
0--<(:;<(<(:;
z"': C\i C':i-.:f
.
"c':'~;~~':'.:~~~;:'.:;:;~\st:;"f!J]'S:~::7X ~::. ",.~~.,'~;,;'j;~, .',::~'.j~7\~!~~J~~~t:::~~;'~::;'\,r:r~-;'~s';S~~n~~~~:~~?::~'7*-~.;:~.p.;~:::~~~~:~'~.~~.~.:'&::/~';; ~7~:::f.;):\<;~:..;}'5~'~#..~~'f.:$:.;~::.,:~ ~:~.:: -:
"'",h;~~~!>f:;~;,
'~.~:,~::;~.'.~,,'.;:.'.':,-"'-'~' ,'- .
avage
en
Management Plan
Prepared By
Barr
, Engineering Company
September 1994
, .
r
.
I
.
.
I
.
.
.
.
I
.
.
.
,"
.
.
I
.
.
.
)
SAVAGE FEN MANAGEMENT PLAN
CITY OF SAVAGE
EXECUTIVE SUMMARY
The Savage Fen Wetland Complex contains calcareous fens, A calcareous fen is defined by
Minn Rule Pt. 8420.1020 as "a peat-accumulating wetland dominated by distinct groundwater inflows
having specific chemical characteristics. The water is characterized as circumneutral to alkaline,
with high concentrations of calcium and low dissolved oxygen content. The chemistry provides an
environment for specific and often rare hydrophytic plants." The disproportionately high number of
rare plant species provides the driving force for state protection of calcareous fens. The Minnesota
Department of Natural Resources (lVIDNR), under authority ofMinn Rule Pt, 8420.1010, requires the
preparation of Fen Management Plans to ensure the long-term protection and management of
calcareous fens, This rule states that a calcareous fen may not be filled, drained, or otherwise
degraded except as provided for in a management plan approved by the commissioner of the lVIDNR.
The Savage Fen Management Plan was prepared by the City of Savage in conjunction with
an Alternative Urban Areawide Review (AUAR) of the Metropolitan Urban Service Area (MUSA),
as required by the MDNR and the Minnesota Pollution Control Agency (MPCA) as part of the
environmental review process for the trunk sanitary sewer improvements proposed by the City in
1993. The Savage Fen Management Plan and the AUAR will assist the City and regulatory agencies
in the environmental review and permitting of future development projects and facilitate the City's
comprehensive planning process for the MUSA expansion area.
The Savage Fen Wetland Complex encompasses an area of approximately 425 acres.
Approximately 64 acres have been classified as calcareous fen. The remainder of the wetland
complex consists of WetJSedge Meadow, Shrub-Carr, Low Prairie, and Lowland Hardwood Forest
plant communities. Maps of the various plant communities are included in the Savage Fen
Management Plan. The Savage Fen is the largest of 76 known calcareous fens within Minnesota.
Five state-listed threatened plant species have been found in the Savage Fen Wetland
Complex: Carex sterillis (Sterile Sedge); Eleocharis rostellata (Beaked Spike-rush); Rhynchospora
capillacea (Fen Beaked-rush); Seleria uerticillata (Nut-rush) and Valeriana edulis uar_ ciliata
(Valerian). Three special concern (i,e. rare) plant species have been found in the Savage Fen Wetland
Complex: Cladium mariscoides (Twig-rush); Cypripedium candidum (White Ladyslipper); and
Tofieldia glutinosa (False asphodel), All of these species prefer habitats in which calcareous and
mineral-rich soils and water prevail. Some are known only to occur in a calcareous fen habitat.
The soils and stratigraphy within the Savage Fen Wetland Complex typically consists of a thin
layer of residuum and rubble on top of the Prairie du Chien Group bedrock (dolomite). Above the
residuum are silt and sand deposits that are the result of sediment being washed down from the bluff
P:\SS\2370060\2617_1\~
1
.
and deposition of the ancestral Minnesota River. These deposits grade upward to river deposits of
sand and silt and lake deposits of clay and silt layers that contain variable amounts of organic and
shell material. The clays and silts are commonly calcareous (marls), Overlying the marls, clay and
silt are brown to black fibric peat that contains gastropod and ostracod shells, Within the peat there
are variable percentages of sand and silt, either from the bluff or river flooding. The surficial soil
is black saprolitic peat that is rich in organic material. These organic-rich soils are described as
histosols and histic epipedons in the mandatory technical criteria established by MDNR and are an
intrinsic characteristic of fens.
The peat and related deposits appear to be continuous east to west across the Savage Fen
Wetland Complex and contain layers of mixed mineral soil and peat. The peat related to the fen may
grade into peat related to lake deposits on the north side of the wetland complex. The peat and
related soils appear to be thickest (20 to 35 feet thick) in the calcareous fen areas.
Reducing conditions in the soil/water are prevalent in the peat zones associated with the
calcareous fen portions of the wetland complex, Oxidizing conditions are typical of the non-calcareous
fen portions of the wetland complex, Carbonate precipitation peaks at a depth of 5 to 7 cm below
ground surface and there is a correlation in concentrations of manganese, strontium, calcium, and
carbonate. Iron sulfide precipitates in the shallow groundwater of the peat.
Many factors contribute to the health of calcareous fens, The Savage Fen Management Plan
addresses these factors, which include: minimization of stormwater runoff into the wetland complex;
control of sedimentation from construction activities in the vicinity of the wetland complex; and
prescribed bums to reduce competition between the rare calciphyilic plants and shrubs. However,
the single most important factor in protecting the health of the fen appears to be maintaining the
upwelling groundwater conditions which bring calcium and low dissolved oxygen waters to the root
zone of the plants and assists in the formation of peat.
A comprehensive regional groundwater flow model was developed for the Savage Fen
Management Plan. The model was used to evaluate changes in groundwater flow conditions at the
Savage Fen Wetland Complex resulting from installation of new municipal wells and increases in
impervious area, which might affect recharge to the aquifers. Three aquifer units were modeled:
the glacial drift aquifer; the Prairie du Chien Group (dolomite); and the Jordan Sandstone, It is
widely believed that the calcium-rich waters which upwell into the Savage Fen Wetland Complex are
derived from the Prairie du Chien Group and the glacial drift.
The Multi-Layer Analytic Element Model CMLAEM) was used to model groundwater flow in
the three units over a large area that includes most of Scott and Dakota Counties. Higher levels of
detail were included in the model in the Savage/Prior Lake areas and especially in the immediate
vicinity of the Fen. The model includes special elements which simulate the effects of recharge by
precipitation, leakage from lakes and rivers, spatial changes in the hydraulic properties of the
aquifers, truncation of the aquifers by geologic features, evapotranspiration, leakage between
aquifers, and pumping wells. The model used, as input data, information from geologic atlases,
regional geologic studies, well test data, surface water flow measurements, and results from prior
P:\SS\2370060\2617_1\JnMGI
2
T
.
-
-
-
I
I
I
I
I
I
II
I
'I:.
-
,
.
.I
""'f
i
I
-
,,""
4
_I
.=:~4!
.. -
r-
I.
.
modeling studies. The model was calibrated, on a regional scale, to steady-state hydraulic head
measurements that were summarized as piezometric contour maps in the Scott and Dakota County
Geologic Atlases. Near the Savage Fen Wetland Complex, the model was calibrated to actual water
level measurements from wells. Base flow measurements in Eagle Creek were derived from several
temporary gaging stations set up along Eagle Creek and these data were also used to calibrate the
flow model.
The calibrated MLAEM groundwater flow model was used to evaluate future water-supply well
locations for the City of Savage to meet projected water demand. Hypothetical well locations were
selected throughout Savage for this evaluation. Simulations were performed with the hypothetical
wells pumping and the model was used to predict the change in hydraulic head at the fen wetland
complex resulting from these hypothetical wells. A large simulated reduction in hydraulic head
within the Savage Fen Wetland Complex was considered an indication that the hypothetical well
could reduce the upwelling conditions at the fen wetland complex and thereby adversely affect the
fen.
The modeling results indicated that no more than one additional well in the Jordan Sandstone
(pumping at a maximum rate of 800 gallons per minute), located in the southernmost portion of the
City, could be operated without adversely affecting the fen. A larger well or more wells located in
other parts of Savage pumping from the glacial drift, the Prairie du Chien Group (of which the
Shakopee Formation is part oD, or the Jordan Sandstone are predicted to cause adverse effects on
the Savage Fen Wetland Complex. The major conclusion drawn from the modeling study is that the
City of Savage should not place additional wells in the glacial drift, the Prairie du Chien Group, or
the Jordan Sandstone. The City may place additional wells in deeper aquifers, specifically the
Franconia-Ironton-Galesville aquifer or the Mt. Simon-Hinckley aquifer, These two aquifers are
separated from the Prairie du Chien-Jordan Aquifer by the St. Lawrence Formation confining unit
(for the Franconia-Ironton-Galesville aquifer) and by the Eau Clair Formation (for the Mt. Simon-
Hinckley Formation).
Although not specifically studied in this Fen Management Plan, it is likely that additional
high-capacity wells located in areas adjacent to the City of Savage (within the three aquifer units
discussed above) will also result in adverse effects to upwelling conditions at the Savage Fen Wetland
Complex. This conclusion is based on the modeling results of hypothetical wells located at the
southern city limits of Savage. These hypothetical wells resulted in unacceptably high drawdowns
in the Savage Fen Wetland Complex. It is reasonable to conclude that additional wells located south
of Savage will also cause adverse draw down effects at the Savage Fen Wetland Complex.
The City of Savage could obtain additional water from deeper aquifers or from another source,
such as nearby quarries (e.g, the Kramer Quarry and the Shiely Quarry), Dewatering activities at
these quarries is ongoing and the water pumped during the dewatering process could be utilized for
water supply purposes, The modeling results indicate that increased dewatering withdrawals from
the Kramer Quarry could have adverse impacts on the upwelling conditions of the Savage Fen
Wetland Complex. The modeling results indicate that the increased withdrawals at the Shiely
Quarry will not adversely affect upwelling conditions at the Savage Fen Wetland Complex. The
P:\SS\2370060\2617_1\l1MDl
3
T
.
)
I
Shiely Quarry currently pumps approximately two billions gallons of water per year. A modeling
scenario was performed whereby the Quarry dewatering was increased to four billion gallons per
year, with negligible effects on the hydraulic head in the vicinity of the Savage Fen Wetland
Complex. There appears to be three reasons for the lack of hydraulic effects caused by increased
pumping at the Shiely Quarry: (1) the Quarry is adjacent to the Minnesota River and leakage from
the river undoubtedly takes place; (2) the Shiely Quarry is approximately 2 miles west of the Savage
Fen Wetland Complex and lateral to or slightly downgradient of the Savage Fen Wetland Complex
and (3) there is a buried bedrock valley between the Shiely Quarry and the Savage Fen Wetland
Complex which appears to hinder hydraulic communication between the two areas. This bedrock
valley feature was included in the model.
I
I
I
I
The MLAEM groundwater model was also used to examme the effects of increasing the
impervious area in the City of Savage due to the MUSA expansion, Increases in impervious area,
due to urbanization, may reduce the recharge rate of the aquifers from direct precipitation. The
contribution of recharge from direct precipitation and leakage from landlocked basins in Savage for
current conditions was calculated from water-balance analyses and these values were incorporated
into the model during the calibration process. Urbanization conditions were estimated from the
City's 1991, 2001, 2010, and ultimate land use plans. The urbanization conditions were translated
into reductions in recharge due to increased impervious area. The modeling results indicate that a
reduction in hydraulic head of approximately 3 inches would take place at the Savage Fen Wetland
Complex under full development. This reduction is deemed to be acceptable to maintaining the
health of the fen.
-
I
I
I
The recharge in the model over the City of Savage was reduced to zero (including all basins
and lakes) in order to evaluate an extreme (and highly unlikely) situation and to evaluat~ the
sensitivity of the model to changes in recharge. The resulting change in the hydraulic head at the
Savage Fen Wetland Complex was approximately 1 foot. These results indicate the hydraulic heads
(and upwelling conditions) at the Savage Fen Wetland Complex are relatively insensitive to
reductions in the infiltration rate in Savage. This is especially true in comparison to the effects
caused by the inclusion of new municipal wells. The insensitivity to variations in infiltration within
Savage indicates that the hydraulic head conditions in the Savage Fen Wetland Complex are the
result of regional flow conditions rather than local flow cells.
{I
I
I
I
The regional modeling studies focused on the effects of the Savage Fen Wetland Complex but
also examined potential adverse impacts to Eagle Creek and Boiling Springs, in particular, Surface
water monitoring of Eagle Creek, performed as part of this Fen Management Plan, suggests that
water in Boiling Springs (and other small springs along Eagle Creek) originates in the Prairie du
Chien Group and reaches the ground surface because the hydraulic head in the Prairie du Chien
Group is higher than the land surface. This is exactly the same condition that exists at the Savage
Fen Wetland Complex. The modeling studies lead to the conclusion that protection of the Savage Fen
Wetland Complex's upwelling conditions will also protect the flows in Boiling Springs and the other
small springs of similar character.
I
I
I
I
P:\SS\2370060\2617_1\JnMaI
4
I
I
.
-
-
a:
i
.
The conclusions drawn from the regional groundwater modeling are as follows: (1) the City
of Savage should not install additional wells within its City limits in the glacial drift, the Prairie du
Chien Group or the Jordan Sandstone; (2) The City of Savage should explore alternative water
sources such as deeper aquifers or obtaining water from one of the quarries; (3) if a quarry is chosen
as a future water supply source, the Shiely Quarry appears to be the best choice; (4) it appears that
additional high-capacity wells in areas immediately adjacent to Savage might adversely affect
upwelling conditions at the fen; (5) upwelling conditions at the Savage Fen Wetland Complex will
not be adversely affected by future development in Savage and hydraulic head conditions at the
wetland complex are relatively insensitive to variations in local recharge; and (6) regional flow
conditions responsible (in part) for the health of the Savage Fen Wetland Complex are also
responsible for Boiling Springs (along Eagle Creek) - protection of upwelling conditions at the
wetland complex should also protect the spring,
.
I
I
II
i
The Savage Fen Management Plan addresses the need for continual monitoring of the health
of the wetland complex. General monitoring guidelines and procedures are outlined in the Plan,
along with steps for further action should monitoring results indicate a potentially adverse condition.
Best Management Practices are briefly addressed. Also included in the plan are general guidelines
for protection of groundwater quality and Wellhead Protection Area delineation for existing municipal
wells in the City of Savage.
.
--
QJ
"
Ij
f!
II
I
e
-
It
P:\SS\2370060\2617_1\~
5
L_...._,_.
,
.
"
I
I
"J'o.
SHAKOPEE
"" "..,
o
>
~
.:-
:>
""
(
PRIOR !...AKE
)LA.\{ ~~ ';::CN
276,>', ,
"'-. . ^
.Ct2.i::w~ ~
\@J
. -:-"..11"
1Ql>.1"'2S'"
o
Mt.i"i.P:t""'!.HA...'l'R.~:-LJ".,\{
PARX =vz
>
s.
Q
o
I
2
I
Scale In Miles
Figu re 3-1
LOCATION OF SAVAGE FEN
WETLAND COMPLEX
T
.
FIGURE 4-2
SCHEMATIC IllUSTRATION OF RECHARGE AND DISCHARGE
FOR REGIONAL GROUNDWATER SYSTEM '
t
.