2014.07.08 CC Minutes - Joint RCWD, DNR, re BEL Outlet

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HUGO CITY COUNCIL MINUTES JOINT MEETING REGARDING THE BALD EAGLE LAKE OUTLET JULY 8, 2014 COUNCIL PRESENT: Bronk, Klein, Petryk, Weidt STAFF PRESENT: City Administrator Bryan Bear, WSB City Engineers Jay Kennedy and City Clerk Michele Lindau RICE CREEK WATERSHED DISTRICT PRESENT: Board members: Patricia Preiner, John Waller, Barbara Haake, Steve Wagamon and Harley Ogata, Administrator Phil Belfiori, Office Manager Theresa Stasica, District Engineer Mark Deutschman, District Attorney Chuck Holtman MN DNR PRESENT:Commissioner Tom Landwehr and Administrator Kent Lokkesmoe OTHERS PRESENT: Centerville Mayor Tom Wilharber and Administrator Dallas Larson, Anoka County Commissioner Rhonda Sivarajah, Washington County Commissioner Fran Miron, MN House Representative Linda Runbeck, MN House Representative Matt Dean, MN, Planning Commission/Lake Resident Rick Gwynn and The Citizen Editor Debra Neutkens Mayor Weidt called the meeting to order at 3:30 p.m. City Engineer began the meeting by providing background on the outlet structure. Issues that are being discussed are ownership of the structure and funding to replace it. The DNR has the outlet classified as a low hazard dam, and it was ineligible for funding through the Dam Safety Fund. The City has received bridge bond funds from the MnDOT, but the structure underneath the road continues to deteriorate. It is the City's desire to collaborate to fund the replacement and determine long-term maintenance and ownership of the structure. The group acknowledged there were two issues; ownership of the dam and repair and maintenance. RCWD indicated they could likely help with payment for repair of the dam once the ownership issue was resolved. Ogata referred to State Statute 103G.551 that states that the DNR is to take over ownership of abandoned dams, and if the DNR was willing to take ownership, figuring out payment should be easy. The DNR stated they were not familiar with the State Statute nor did not want to own the dam. Also, everything starts with the legislature so it would have to be done with their direction because they would be assuming a future liability. In the past, the DNR has contributed to repair of a dam with local ownership taking it over. Ogata said that based on the City's cost breakdown, the dam component was about $168,000 and the DNR said there was a chance they could fund 50%. Commissioner Sivarajah said she believed that the RCWD was the taxing jurisdiction and the appropriate funding mechanism for the dam. Miron felt the RCWD should take the lead to get the issue resolved since they were established to resolve issues crossing jurisdictional lines. The group talked more about State Statute 103G.551 and generally agreed the DNR needed to take a look at the Statute, and all information RCWD had would be forwarded to them as well.