Violations Treating PIIC as an LGU
Special treatment of a current WLT private landowner: Prairie Island Indian Community (PIIC)
As mentioned in the Open Meeting law violations section, the other action taken by Chairman Kyllo at the Feb 27, 2020 special meeting was to act on the suggestion of Wood/MPCA to contact the PIIC and gauge their level of interest in a joint integrated water supply project. This action and the subsequent involvement of the PIIC as an active “Local Government Unit” (LGU) member of the 3M settlement CDWP planning activities violates a host of state laws and West Lakeland Township ordinances. Here is why:
Status of land owned by PIIC in West Lakeland as of the date of this publication
- As of the date of writing, PIIC is a private, tax paying landowner in West Lakeland township, no different than any other landowner
- PIIC owns 111 acres of land near the intersection of Maning Ave and I-94 consisting of Parcel IDs: 3102920320001, 3102920420013, 3102920420015, 3102920420016, 3102920430001 purchased in 2015.
- PIIC chose to delay their 2017 “Fee For Trust” application at the Bureau of Indian Affairs for Congressional approval and their application is “inactive” in a Congressional sub-committee at this time.
- State Law does not allow Indian nations (including PIIC) that own NON Fee for Trust land (as they do in WLT) to avoid local government authority on land use planning ordinances, local government Comprehensive Plans and/or State Statutes guided by the Metropolitan Land Planning Act (the Metropolitan Council)
- Therefore, PIIC with their 111 acres is first subject to the full planning process of WLT. State laws have no exemption from this process. PIIC is still private taxpayer land. The 111 acres owned by PIIC in WLT IS NOT “fee for trust” tribal land. They must follow all West Lakeland Township rules, procedures and ordinances.
- However, based on the information from the special meetings and 3M settlement working group documents, it appears PIIC has been attempting to sidestep the full planning process of WLT, including the planning commission and public review meetings, simply because they have a Fee for Trust application submitted.
- Disturbingly, the 3M Co-Trustees (MPCA & DNR) are treating them as a local government unit (LGU), which they are not.
- More disturbing, the WLT Board is treating them as a LGU, not a private property owner. Further, the WLT Board has hidden all communication, plans, negotiations for “sharing/partnering” on a municipal water system from the public.
- Pointing these facts out is not a personal attack on the PIIC or its people. However, PIIC has no legal exemption from the laws all State of MN and WLT property owners must follow as regards these 111 acres in WLT.
While our public information requests to see the proposed land use plan remain unanswered, what is known of the PIIC proposed intensified land use development plans is public information and was obtained from the 3M preliminary settlement report from September of 2020. The relevant information: PIIC has submitted an initial site plan indicating a proposed 71 residential lots and 11.67 acres for commercial development.
This content and information regarding PIIC, its involvement in the CDWP working groups and its proposed intensified land use plan for its WLT land was never shared to the public at any public hearing of West Lakeland township board or 3M settlement Co-Trustees in fall of 2020 through to the Final Recommendation Report just published.
Things get more shocking from here regarding how far back the WLT Board has been aware of these proposed intensified development plans:
- According to the 3M settlement documents, PIIC made and received a 3M Settlement Grant Application in 2019 for $53,475.
- The West Lakeland town board had to approve this grant application for intensified development on the PIIC land.
- This means the West Lakeland township board knew about this intensified development back in 2019.
- We believe the WLT Board members saw the actual PIIC intensified development plans from the MPCA at the Special Meeting on February 27, 2020 with Wood/MPCA.
- WLT Board members have still to this day, never discussed, shown or divulged these plans to WLT residents.
- WLT Board, MPCA and DNR all denied COMW from coming in to review documents, communications, applications and copies of PIIC proposed development plans.
- WLT Board, MPCA and DNR all have ignored WRITTEN data requests for any and all information regarding the PIIC involvement in the CDWP process.
Another key piece in the puzzle, they have denied citizens from seeing how much water the intensive land use plan proposes to use. However, COMW unearthed a separate source for the information of how much water the PIIC intensified land use plan proposes to need. Attorneys representing 3M Corporation submitted a letter to the 3M settlement Co-Trustees last December (letter was hidden from the public). The letter disclosed that the amount of water being requested is over 30 times the amount of water needed by PIIC “preliminary plans” of 71 homes and 11.67 acres of commercial.
Based on the projected water to be treated, this is enough water to supply all of the city of Afton, West Lakeland Township, Baytown Township and part of Lake Elmo. It is roughly enough water to supply a population of 10,000 people per day.
It is abundantly clear PIIC has much greater plans for this land.
The WLT Board is acting unilaterally to approve a proposal by a private property owner (PIIC) that greatly intensifies land-use and groundwater appropriations, that significantly departs from the West Lakeland Comprehensive plan. No review by the planning commission has been held, no public meetings and no variance was ever applied for by the property owner (PIIC). This action violates nearly every required West Lakeland Township Land Use Ordinance, a multitude of required State Statutes, including many provisions of the regional Metropolitan Land Act that protects surrounding communities and protected natural resources.
In summary:
- The WLT Board, the Co-Trustees (DNR & MPCA) and the Metropolitan Council have treated the Prairie Island Indian Community as a local government unit through the entirety of the CDWP process; which they are not.
- The WLT Board by their hidden actions has unilaterally approved a highly intensified land use plan on the 111 acres of the Prairie Island Indian Community land.
- In the process they have purposely bypassed the WLT planning commission and public hearings on the matter as required by state law and are ignoring and going against multiple elements of the WLT Comprehensive Plan 2040
- The Board and DNR have allowed a private landowner to apply for a “municipal” well.
- In the final comprehensive drinking water plan dated August 20, 2021:
- The PIIC (a private landowner) is granted $9.87M from the settlement funds
- 7.18M in capital projects plus $0.14M in annual operations and maintenance
- Included is $211K to purchase an additional 1.5-acre parcel in WLT for building a new Water Treatment Plant (WTP)
- The PIIC (a private landowner) is granted $9.87M from the settlement funds
The board had a multitude of opportunities to share this intensified the land-use with the residents of West Lakeland township. Numerous town board meetings, newsletters and special meetings talking about the water issue. There were at least 6 newsletters as well as special mailings on water issues, 16 town board meetings and 9 Special Meetings. Never once did the board divulge the PIIC plans on the 111 acres. And never once did the board explain why they are treating this private property owner differently than any other.
Board Chair Kyllo, that sits on the Government committee working group of the Co-Trustees, is also negligent in pointing out to the Co-Trustees that PIIC should not be on that committee. There is a different committee for citizens and businesses. The Chair also knew that PIIC has applied for funds designated for government units and for a municipal well permit with the DNR. He should have objected against those actions.
Ignoring serious environmental concerns and potential private well impacts
We now turn to environmental concerns. The Final Proposal for CDWP seems to purposefully ignore conducting proper environmental impact evaluation of the proposed new municipal well to be drilled in support of PIIC future development plans.
This huge well proposed for the PIIC land is less than 1/2 mile from the protected spring fed headwaters of the Valley Creek trout stream in Afton. The Minnesota DNR, the Metropolitan Council, the city of Afton and even Woodbury have recognized the extreme sensitivity of this trout stream. The effects of a decision to drill a municipal well so close in proximity these headwaters could be substantially worse on the Valley Creek Trout stream and other surface waters, than what occurred with the lowering of water levels in White Bear Lake. White Bear Lake dropped 3 feet after a new municipal well was drilled along with higher appropriations from other municipal wells surrounding the lake. Even a 3 inch drop in the in the headwaters (Fahlstrom Pond/Metcalf Marsh and Lake Edith) to the Valley Creek trout stream could prove to be catastrophic. This is recognized as one of the top trout streams located in the state of Minnesota. There is a reasonable expectation that special consideration and analysis would be given to this unique feature in the east metro landscape. But no part of the final CDWP 145 page report touches on this subject at all.
In addition, the 3M settlement Co-Trustees have recognized that municipal wells significantly accelerate the draw of pollutants from the contamination sites. Given the size of this proposed well it will greatly accelerate the movement of pollutants from the northwest (location of contamination) to the southeast. This will likely increase the number of homes with private wells in southern West Lakeland and northern Afton that would become contaminated with PFAS.
Large municipal wells have a draw down effect on the ground water levels within a 1-to-2-mile radius. of those walls. There are many homes on private wells within a 1-to-2-mile radius from where this proposed new municipal well will be pumping this water. State statute requires that private wells be protected from municipal water pumping… Especially new proposed wells. The priority of groundwater appropriations based on Minnesota State Statute is as follows:
- The Environment and Existing Surface Waters
- Existing Private Wells
- Existing Municipal Wells
- New Municipal Wells
Based on the estimates obtained, there is no question that these wells would be affected by the volume of water being extracted by this new proposed municipal well.