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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />ORDINANCE NO.9713 <br />A ORDINANCE ADOPTING A DEVELOPMENT MORATORIUM <br />WITHIN THE BROWN'S CREEK WATERSHED IN THE CITY OF LAKE ELMO <br />WHEREAS, the Brown's Creek Watershed is a recognized watershed in Washington County; and <br />WHEREAS, the Board of Water and Soil Resources determined that the Brown's Creek Joint Powers <br />Agreement Water Management Organization was not implementing its water plan; and <br />WHEREAS, Washington County, by operation of law, was required to assume the responsibilities of a <br />watershed management organization within the Brown's Creek Watershed District; and <br />WHEREAS, certain distinct areas within the Brown's Creek Watershed have suffered from flooding and <br />some property owners have suffered property damage, both real and personal; and <br />WHEREAS, other distinct areas within the Brown's Creek Watershed have the potential to experience <br />flooding; and <br />WHEREAS, the cause of the flooding has not been specifically established; and <br />WHEREAS, distinct areas within the Brown's Creek Watershed are planned for urban density <br />development; and <br />WHEREAS, capital improvement project to relieve the high water impacts and additional urban density <br />development have the potential of adversely impacting Brown's Creek, a designated State Trout Stream, <br />and its associated ecosystem; and <br />WHEREAS, little data is currently available to adequately assess the impacts of any capital project or <br />additional development; and <br />WHEREAS, Washington County believes that additional development within the Brown's Creek <br />watershed is unwise until a study of the complete watershed is conducted, and until the necessary projects <br />are ordered that would alleviate the high water impacts; and <br />WHEREAS, the process to amend the management plan and to order capital projects to alleviate the <br />high water impacts, will not occur before the spring of 1998; <br />WHEREAS, Washington County has asked each community located within the Brown's Creek <br />Watershed to adopt a one year development moratorium within the watershed area to allow the <br />communities to work together to improve water management within the watershed; and <br />WHEREAS, the City of Lake Elmo is located partially within the Brown's Creek Watershed. <br />NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo adopts a one-year development <br />moratorium within that portion of the City of Lake Elmo that lies within the Brown's Creek Watershed; and <br />that this moratorium would be in effect from August 19, 1997 until August 19, 1998; and <br />