2014.05.06 Work Session Packet (2nd)4141 Douglas Drive North • Crystal, Minnesota 55422-1696
CITY of Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalinn.gov
CRYSTAL
Posted: May 2, 2014
CRYSTAL CITY COUNCIL
SECOND WORK SESSION AGENDA
Tuesday, May 6, 2014
To immediately follow the Regular City Council Meeting
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the second work session of the Crystal City Council was held at p.m. on
Tuesday, May 6, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
Libby Norris
Peak Therres
Selton Revering
Adams Mathisen
Budziszewski Peters
Deshler Norton
Hoffmann Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
Bassett Creek Watershed
o Proposed amendment to Joint Powers Agreement
o Medicine Lake controlled lake level
Public Works facility project update
III. Adjournment
The work session adjourned at p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763)
531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
COUNCIL STAFF REPORT
CITY of Bassett Creek Watershed Issues Work Session
CRYSTAL
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for May 6 Council Work Session)
DATE: May 1, 2014
RE: Comments on Joint Powers Amndmnt & Md Lake Level Control
The Bassett Creek Watershed Management Commission is seeking comments from
the nine member cities city councils on the following two items:
Proposed amendment to the Joint Powers Agreement (JPA) between the cities.
Medicine Lake dam/control structure and control elevation.
Attached is a draft amendment to the Joint Powers Agreement by which the Bassett
Creek WMO (BCWMO) was originally formed. The existing JPA expires in 2015. For
the BCWMO to continue to operate in its current form, it will be necessary for the
Council to adopt the amendment by the end of 2014, extending the JPA another 10
years to January 1, 2025.
Also attached is a history of Medicine Lake water levels from the perspective of the
BCWMO, along with comments from Crystal Commissioner Guy Mueller. A number of
lakeshore property owners, along with an apparent majority of the City of Medicine Lake
City Council, are spearheading a movement to study raising the control elevation of the
lake as a defense against low lake levels during dry weather conditions. Undertaking
such a study and any potential follow-up project has many legal, cost, and practicality
issues.
Staff and Commission Mueller will be at the work session to discuss the issues and
answer questions.
Retfully sub itted,.
4-
b
Thomas . Mathi n
City Engineer
i1pubworks/watersheds/Bassett Creek/JPA/Work Session May 6 2014
Item 7D.
BCWMC 2-20-14
AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT
FOR THE ESTABLISHMENT OF A BASSETT CREEK WATERSHED
MANAGEMENT ORGANIZATION TO PLAN, CONTROL
AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK
THIS AMENDMENT is made and entered into as of the date of execution by all of the
cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope,
Plymouth, Robbinsdale and St. Louis Park, Minnesota (hereinafter collectively referred to as the
"Parties").
WITNESSETH:
WHEREAS, the Parties entered into a Joint Powers Agreement entitled the JOINT AND
COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A BASSETT CREEK
WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE
FOR THE DEVELOPMENT OF BASSETT CREEK (the "Joint Powers Agreement"); and
WHEREAS, the Joint Powers Agreement established the Bassett Creek Watershed
Management Commission (the "Commission"), a watershed management organization pursuant
to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. §
10313.201, et seg., and Minn. Stat. § 471.59; and
WHEREAS, the Joint Powers Agreement, as amended, expires by its terms on January 1,
2015; and
WHEREAS, the Parties have determined that it is reasonable, prudent and in the best
interest of the public to extend the term of the Joint Powers Agreement as hereinafter provided.
NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements
hereinafter set forth, the Parties agree as follows:
follows:
Article X, Subdivision 1 of the Joint Powers Agreement is amended to read as
Subdivision 1. Each member agrees to be bound by the terms of this agreement
until January 1, 2025, and it may be continued thereafter at the option of the
Parties.
2. Article X, Subdivision 2 of the Joint Powers Agreement is amended to read as
follows:
Subdivision 2. This agreement may be terminated prior to January 1, 2025, by
the unanimous consent of the parties. If the agreement is to be terminated, a
notice of the intent to dissolve the Commission shall be sent to the Board of
418467v2 CLL BA295-1
Water and Soil Resources and to Hennepin County at least 90 days prior to the
date of dissolution.
Except as modified herein, the Joint Powers Agreement shall remain in full force
and effect.
4. This Amendment shall be effective upon approval by the City Councils of all of
the Parties and the execution of this Amendment by all of the Parties. Upon receipt of certified
copies of resolutions approving this Amendment and copies of the Amendment executed by all
of the Parties, the Secretary of the Commission shall supply to the City Clerk of each of the
Parties a copy of the resolutions and of the signed Amendment.
5. This Amendment may be executed in several counterparts, each of which, when
assembled to include an original signature for each of the Parties, will constitute a complete and
fully executed original.
IN WITNESS WHEREOF, the undersigned, as duly authorized by action of their City
Council, have caused this Agreement to be executed in accordance with the Authority of Minn.
Stats. §§ 10313.211 and 471.59.
[SIGNATURE LINES FOR CITY OFFICERS TO BE ADDED WHEN AMENDMENT IS IN
FINAL FORM AND READY FOR ADOPTION]
418467v2 CLL BA295-1 2
Bassett Creek Watershed Management Commission
History of Medicine Lake Water Level Issue with BCWMC
(Updated March 2014)
October 2009: Memo from BCWMC to AMLAC on recent low water levels. Barr prepared a memo
that reported on lake levels throughout the metro area as well as precipitation data. The memo
also noted the level of the dam would not have an effect on the drought conditions in the lake.
June 2010 BCWMC Meeting: Responding to a request from the City of Medicine Lake to conduct
hydrologic/hydraulic analysis and environmental assessment of the Medicine Lake Dam at Bassett
Creek. The Commission directed Barr Engineering to meet with the Medicine Lake City Council
regarding the issue and to provide an estimate of costs for further study.
August 2010 BCWMC Meeting: Memo provided by Barr reported on the meeting with Medicine
Lake. There was discussion about forwarding the issue to the Technical Advisory Committee.
However, the Commission took a motion to not forward the issue to the TAC. (In the past, the TAC
recommended that dredging of Medicine Lake to improve water quality and provide better access
not be added to the Commission's CIP program.)
November 2011: Written request from AMLAC to create a document that combines all pertinent
data and information regarding the dam for broadcast among residents so that facts could be
succinctly and accurately conveyed.
January 2012 BCWMC Meeting: In response to the above request, some discussion but tabled to
March 2012 meeting.
March 2012 BCWMC Meeting: Much discussion about the Commission's role in this issue related to
the priorities of the organization (flood control and water quality) and which entity should be
responsible for contacting the DNR about the project. No action taken.
August 2012: Request from AMLAC to install controllable weir at ML dam (via email).
October 2012 BCWMC Meeting: Information presented on the dam and history of the water level
issue. BCWMC discussed the issue and recommended that AMLAC work with cities of Plymouth and
Medicine Lake and Hennepin County to discuss and determine "hurdles" before bringing a proposal
to the BCWMC because conversations with those entities pre-empt the Commission. The
Commission also noted that communication with the DNR is vital.
June 2013 Watershed Summit and Survey: The majority of the attendees prioritized the dam issue
as their most important issue in the watershed. Multiple survey respondents commented on the
degraded recreational capacity of Medicine Lake and low water levels.
c:\users\tmathisen\appdata\local\microsoft\windows\temporary internet files\content. Out] ook\n abb I rya\h i story of med Ik water level issue
updated mar 2014.docx
Recipient
Date
Page 2
September 2013: Commission Administrative Services Committee directs Commission Administrator
to poll all Medicine Lake stakeholders regarding their priority concerns. (Compilation of responses
here: http•//www bassettcreekwmo org/Medicine/`20Lake/MedicineLake-Home.htm)
November 2013 BCWMC Meeting: Commission approves process for moving forward on the issue
and sends a letter to all stakeholders indicating the Commission's plan to:
1. Continue to gather information from all stakeholders on the issues within the lake, where they
are occurring, what uses are being impacted and how each stakeholder prioritizes the issues.
2. Direct Commission Engineer to develop a list of components needed to study raising water
levels and a ballpark figure for completing such a study in order to inform the issue.
3. Host a large meeting or summit of all stakeholders early in 2014 (facilitated by a third party) in
order to share information and ideas, dispel miscommunication, hear from experts to learn
more about issues and how they could be addressed, decide together on the next possible steps
January 2014 BCWMC Meeting: Commission receives "List of Components and General Budget for
Study of Outlet Modifications" from Commission Engineer.
http•//www.bassettcreekwmo.org/Meetings/2014/2014-
January/6Ciii Med%20Lake%20outlet%20study%20costs.pdf
March 4, 2014: Commission hosts Medicine Lake Stakeholder Meeting at Plymouth City Hall.
Meeting includes third party facilitator, presentations from several technical experts, small
group discussion on the issue. (36 attendees; 18 of which were lake homeowners)
http•//www bassettcreekwmo org/Medicine/o20Lake/MedicineLake-Home.htm
March 19, 2014: AMLAC Board requests that the Commission form a task force, comprised of a
representative from each stakeholder, to study and gather facts & data about the possibility of
installing a variable weir at the Medicine Lake dam such that water is retained for longer periods.
c:\users\tmathisen\appdata\local\microsoft\windows\temporary internet files\content. out] ook\n abb I rya\h i story of coed Ik water level issue
updated mar 2014.docx
Tom Mathisen
From: Guy Mueller <guymuellerl@gmail.com>
Sent: Friday, March 28, 2014 4:26 PM
To: Anne Norris; Jim Adams; 'Dan Johnson'; Tom Mathisen
Subject: Medicine Lake Water Levels --Basset Creek Watershed Management Commission
(BCWMC)
Attachments: History of Med Lk Water Level Issue Updated Mar 2014.docx
Dear Jim, Anne, Tom, and Dan:
The Bassett Creek Watershed Management Commission (BCWMC) is seeking guidance from its respective member
cities, including Crystal, concerning the issue of whether or not and, if so, how to increase water levels in Medicine Lake.
I included Dan Johnson on this email, because he was the prior appointed commissioner for the BCWMC and he may
some thoughts to share on this matter. If corrections or clarifications are needed in any of the background information
that I present below are needed, please let me know.
Replacing the fixed dam at the outlet of Medicine Lake with a variable weir is a concept supported by many members of
AMLAC (Association of Medicine Lake Area Citizens), most of whom are shoreline property owners. The proponents
believe that higher water levels will improve the recreational qualities of the lake for swimming and boating, and they
want the BCWMC to take ownership of this issue. The objective would be to manage the outlet flows in a manner similar
to that of Lake Minnetonka's variable outlet structure at Grays Bay, which is the source of Minnehaha Creek. In addition
to recreation, the weir could be lowered in the fall in anticipation of the spring "bounce" and thereby possibly mitigate
spring -time downstream flooding risks, which would be a benefit to some Crystal residents and property owners.
Making changes to the outlet dam is a complicated issue that involves numerous legal, engineering, and political
requirements, including approval by the DNR and, if flowage easements are required, consent from ALL shoreline
property owners. The dam itself is owned by Hennepin County, not by the BCWMC. Surveys, studies, and environmental
impact analyses would be required. If water levels are increased, some shoreline property owners might be subject to
increased flooding risk and thus logically refuse to sign off on any required easements. Excessive restriction of lake
outlet flows during droughty periods might dry up the creek and thus adversely impact the downstream watershed's
aesthetic and ecological attributes. Moreover, given the huge water losses through direct evaporation, there is some
concern that plugging the dam might be insignificant in its contribution to retaining water levels during prolonged hot,
dry spells. Aquifer depletion is another variable possibly affecting lake water levels. Finally, if the BCWMC were to be
responsible for operating an adjustable weir, significant ongoing operating expenses would be involved—qualified
personnel, legal, insurance, etc. Focus on this project, both the engineering studies and the capital costs, would probably
mean the deferment of other projects in the watershed.
Although the BCWMC has considered the Medicine Lake issue at some length and has obtained input from various
stakeholders, the Commission has yet to formulate a formal policy or strategy for dealing with it. For a history of the
Commission's involvement with the Medicine Lake issue, see the attached document.
Even though the BCWMC has taken many constructive steps (see attached), I believe that it would be prudent for the
Commission to take a stronger leadership role in resolving this issue. Simply tabling the issue for further consideration
may have implications for the expiration of the BCWMC's Joint Powers Agreement. The City of Medicine Lake may not
sign the new JPA amendment due to the Commission's reluctance to raise water levels in the lake. If the current
watershed management organization dissolves, State Statute still requires that a Watershed District be formed. I don't
know what exactly might be entailed in the creation of a new Watershed District, but it might mean a new organization
that operates more independently of the watershed's constituent cities or even one that becomes dominated a minority
of overly motivated special interests.
The questions before us and for which we seek the City Council's input are as follows:
• Should the BCWM Commission continue to facilitate a discussion of stakeholders on this issue, including
spearheading a task force and cooperating on next steps?
• Should the Commission further study the dam, the possibility of replacing the structure with a variable weir,
and/or the hydraulic, hydrologic, and ecological implications of making changes to the outlet?
• Do you have other ideas of how the Commission should proceed?
Please take up this matter at your next city council study session and reply back as soon as possible. If you like, I can
attend this session.
Guy Mueller
BCWMC Commissioner—City of Crystal
763-218-6418 (cell)
guymuellerl@gmail.com
2703 Brookridge Avenue N
Minneapolis, MN 55422
2
COUNCIL STAFF REPORT
CITY f Update on Public Works Facility
CRYSTAL
FROM: Patrick Peters, John Sutter, Tom Mathisen, Charles Hansen
TO: Anne Norris, City Manager (for May 6 City Council Work Session)
DATE: April 30, 2014
RE: Public Worksfacility update— Property acquisition, facility design & budget
Much has taken place over the past several months with regard to activities pertaining
to the city's proposed Public Works facility. Staff thought it important to provide Council
with an update on those activities at the May 6 Work Session.
PROPERTY ACQUISITION
[unaddressed 09-118-21-24-0015]
Vacant land (previous owner: Wash burn-McReavy)
Closed on acquisition on March 28 for $34,000
5025-5027 West Broadway
Formerly Metro Law Office
Closed on acquisition on March 7 for $450,000
The law office is leasing it back from the city while they purchase and move into
561856 th
Move -out deadline is May 19
5017 West Broadway
Vacant land (Gisslen/Dempsey)
The city's appraisal was $126,000 (the owner rejected the city's $165,000 last
written offer)
City is in litigation with the owner. The compensation award will be determined by
a court-appointed panel later this year. In the meantime, the city is depositing
$126,000 with the court and will take title to the property on May 8.
4947 West Broadway
Formerly Word of Faith Ministries
Closed on acquisition on March 24 for $2,000,000
Word of Faith is leasing it back from the city while they move to a new location;
move -out deadline is May 7
FACILITY DESIGN
Kodet Architectural Group has been producing building and site designs on an on-going
basis for review and comment by senior staff and Public Works supervisors and crews.
The design process was informed by staff tours of newer municipal maintenance
facilities in West St. Paul and Elk River and a MnDOT facility in Richfield earlier in the
year. Kodet also used a questionnaire to garner input on various aspects of the new
facility from Public Works employees.
Following several Kodet-led design sessions with senior staff members and department
supervisors, Kodet prepared the preliminary site and building plans that were presented
at the April 21 neighborhood open house, which was attended by a total of twelve
nearby residents, Planning Commissioners and Council Members. Comments received
were favorable for the most part, but one concern was raised in particular about the
need for better buffering and screening along Fairview.
Staff has since provided a list of recommended modifications to Kodet, and they are
preparing revised site and building plans for submission to the Planning Commission. At
its June 9 meeting the Commission will consider land use applications for site and
building plan review and a Conditional Use Permit for outdoor storage.
PROJECT BUDGET
The projected budget for the new facility as of December 4, 2013, was $12.85 million.
Of that amount, it was anticipated that $3,000,000 would be expended for land
acquisition, $8.4 million for the building and site improvements and approximately $1.4
million in soft costs. There will be costs, as yet to be determined, associated with the
demolition of the existing Streets/Parks building and the cold storage building at the
current site.
To date, acquisition -related expenses total approximately $2.6 million, with some
undetermined relocation expenses for 4947 and 5025/27 West Broadway still
outstanding, and acquisition costs for 5017 West Broadway yet to be determined.
Building and soft costs remain on target.
At the November 14, 2013 Work Session, Council determined to use a self -funding
approach to finance the new Public Works facility, whereby the Major Building
Replacement Fund (MBRF) would be drawn down by $10,000,000, and other fund
balances (Utilities, EDA, etc.) would contribute the balance. What remains unclear is
whether it is the intent of the Council to replenish the MBRF by continuing the annual
levy of $563,153 related to the Highway 81 bonds after they are paid off in anticipation
of future capital building projects. While this issue is no longer related to the financing of
the Public Works facility, it remains unresolved and is on the agenda for discussion at
the May 8 Council Work Session.
PROJECT TIMELINE
Major project milestones include the following (all dates are tentative):
Projected Date
Activity
May 16, 2014
■ Application submitted for 6/9/14 Planning Commission
hearing
■ Asbestos and miscellaneous hazmat survey completed and
price quotes requested from abatement and demolition
contractors
May 23, 2014
■ Selection of abatement and demolition contractors
June 9, 2014
■ Planning Commission holds public hearing, considers
building/site plans and CUP
June 13, 2014
■ Abatement complete
June 17, 2014
■ Council considers building/site plans, CUP, variances and
vacations
■ Council authorizes bid advertisement and specifications for
construction
July 3, 2014
■ Demolition complete
July 15, 22 or
■ Council awards bid for construction (As it stands today, the
29, 2014
current schedule of project activities likely will not coincide
with the only Council meeting in July, scheduled for the 15tH
The Council may need to consider holding a special meeting
on either July 22 or 29 to keep the project on schedule.)
August 1, 2014
■ Commence construction
June 30, 2015
■ Complete construction