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HomeMy WebLinkAboutCouncil Information Memorandum 01-14-2011CITY OF PLYMOUTH rp) COUNCIL INFO MEMO January 14, 2011 UPCOMING MEETINGS AND EVENTS Planning Commission Agenda 01/19/11.............................................................................................. Page 1 Road Salt Symposium 02/03/11........................................................................................................... Page 2 January, February, March 2011 Official City Meeting Calendars....................................................... Page 6 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 9 INFORMATION News Articles, Releases, Publications, Etc ... Edina looks at budget cuts to cover cops' raises, Article, Star Tribune ............................................ Page 11 MLC Government Affairs Update, MLC.......................................................................................... Page 13 MEETING MINUTES EQC Meeting Minutes 12/08/10....................................................................................................... Page 16 PRACMinutes 12/09/10.................................................................................................................... Page 20 CORRESPONDENCE Letter from resident, RE: MNDot 494 Expansion............................................................................ Page 26 Letter from RJF Agencies, RE: Merger w/Marsh & McLennan Agency LLC ................................. Page 27 Minnehaha Creek WSD, RE: Draft Plan Amendment MCWD........................................................ Page 28 PLANNING COMMISSION AGENDA WEDNESDAY, January 19, 2011 WHERE: CITY COUNCIL CHAMBERS Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA 5. CONSENT AGENDA* A. Approve the January 5, 2011 Planning Commission meeting minutes. 6. PUBLIC HEARINGS A. Wood Crest of Plymouth LLC. Rezoning and preliminary plat for Wood Crest 2 d Addition located at 5600 and 5660 Vicksburg Lane. (2010094) B. City of Plymouth. Rezoning 2730 Fernbrook from office to industrial. (2010097) 7. NEW BUSINESS 8. ADJOURNMENT Page 1 From: Asleson, Brooke (MPGA) [Brooke.Asleson@state.mn.us] Sent: Thursday, January 13, 20119:01 AM To: Judie Anderson; Subject: FW: 10th Annual Road Salt Symposium - Elected Officials Session Attachments: 2011AG EN DA.doc Please forward this notification to your city councils, administrators, mayors, WMO board members, county board members and any other decision makers. There is no fee to attend this Elected Officials Session. Thank you. FRESHWATER SOCIETY 10th Annual Road Salt Symposium Moving Beyond Chlorides: Keeping Our Winter Roads Safe While Protecting Our Waters In Mirinesota, every year brings an increase in waterways impaired by chlorides from road salts. Alternative chemical, non -chemical and mechanical solutions exist to help keep the chloride out of our waters. Please join us at the 10th Annual Road Salt Symposium and learn about the latest advances in winter maintenance that will help to ensure the i sustainability of our water. The focus of the symposium will be JAW. r information and discussion of better techniques and alternative products L' iAliv:° to mitigate the effects of deicing materials on the environment and our infrastructure. This can be done without compromising safety. Date, Location and Registration This symposium is scheduled from 8:30 a.m. to 3:00 p.m. (registration begins at 7.30 a.m.) on February 3, 2011, at the University of Minnesota Landscape Arboretum in Chanhassen, Minnesota, A Trade Show featuring the latest innovations in equipment, chemicals and information begins at 2:45 pm. —A special session for City Officials, W'MO'S and others will be held in the afternoon. Please see the attached agenda. This session is designed to: • help decision -makers understand the impacts road salt has on our environment, • become familiar with MPCA's TMDL process for waterways impaired with chlorides, • provide support to public works departments in decision making and planning • and to help be a part of the solution to protect our waters! Page 2 Conference fees and entrance fee to the Arboretum are waived for this special session. Registration is required. • Register online (for the full day) • Register by phone or email: 952-314-8133 or ieanne@freshwater.org (for the special session or the full day) • Cost for the full day (includes continental breakfast and buffet lunch and entrance fee to the Arboretum): c $125 - regular c $85 - seniors and students Please register by January 8, 1011. A refund (minus S25) tivill be given,for cancellations received up to fire business dans prior to the event. Who Should Attend Those interested in discussing the impacts of road salt and other deicers and the search for solutions to reduce these impacts are encouraged to attend this symposium. Topics Covered • Local and regional impacts of chlorides on waters • Latest innovations in snow and ice removal materials and equipment • Taking action through education and policy • Non -chemical alternatives • Environmental Leadership Awards • 10th anniversary special: "Road Salt: Where we've been... where we're going" • Much more--- including a Trade Show featuring innovative equipment, chemicals and information. Credit • 1.0 Roads Scholar Program elective credit • To the best of our knowledge, this course/activity meets the continuing education requirements for 6.0 PDHs as outlined in Minnesota Statute 326.107. More information concerning continuing education for professionals is online at www.aelslagid.state.mn.us. Sponsored by: ©ordination with RESHW�TER SOCIETY Minnesota Pollution Cc Page 3 10th Annual Road Salt Symposium February 31h, 2011 Minnesota Landscape Arboretum Chanhassen, MN Agenda 7:45 am Registration and Continental Breakfast 8:30-9:00 Welcome Gene Merriam, President, Freshwater Society Connie Fortin, President, Fortin Consulting Joan Nephew, Executive Director, Freshwater Society Impacts of Deicers and Maintenance Practices on Our Environment 9:00-9:20 Midwest Water and Chlorides Steve Corsi United States Geological Survey Reducing Impacts on the Environment 9:30-9:50 Challenges and Successes in the Private Snow and Ice Management Industry Martin Tirando SIMA 9:50-10:15 Break 10:15-10:35 Winter Maintenance Innovations at the City level Joey Almond City of Ankeny, IA 10:45-11:15 Environmental Leadership Awards 11:15-12:15 Lunch Page 4 12:20- 12:40 implementing Chloride TMDLs in Southern New Hampshire: Salt Reduction in the Public and Private Sectors Eric Williams New Hampshire Dept of Environmental Services 12:50-1:10 Video: Winter Maintenance of Small Sites Jenny Winkelman Mississippi Watershed Management organization 1:15-2:35 TO Year Road Salt Symposium Anniversary: Where We Were and Where We're Going... Andy Ronchak MN PCA and wave Redig, MN Dot 2:35 2:45- 4:30 Trade Show Closing Remarks City official Session 2:45 Twin Cities Metropolitan Area Chloride Management Plan development Brooke Asleson, MPCA 3:05 Jerry Faust Mayor of St. Anthony 3:20 Steve Albrecht City of Prior Lake Page 5 ra City of 9) Plymouth Adding Quality to Life January 2011 Modified on 011 f4/ i i CHANGES ARE NOTED IN RED Page 6 1 10� NEW YEAR'S DAY Observed NEW YEAR'S DAY CITY OFFICES CLOSED 2 3 4 5 6 7 8 7:00 PM PLANNING COMMISSION MEETING Council Chambers 9 10 11 12 13 14 15 5:30 PM PM 7:00 PM SPECIAL COUNCIL7:00 ENVIRONMENTAL PARK Ft REC MEETING' QUALITY ADVISORY Medicine Lake Room COMMITTEE COMMISSION (EQC) MEETING (PRAC) MEETING 7:00 PM Council Chambers Council Chambers REGULAR COUNCIL MEETING Council Chambers 16 17 18 19 20 21 22 5:30 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING" COMMISSION MARTIN LUTHER Medicine Lake Room MEETING KING JR. Council Chambers BIRTHDAY Observed CITY OFFICES CLOSED 23 24 25 26 27 28 29 5:30 PM SPECIAL COUNCIL A M TI HRA MEETING MEETING"`" Medicine Lake Room Medicine Lake Room 7:00 PM REGULAR COUNCIL 'Meeting 'th Sheriff Stanek on Come unications Facility " Discuss unci) Goals and Priorities or 21011 and MEETING Discus Council Chambers Renov tion Council Chambers ••• Discuss Wity Rate Study and Utilit Trunk Fund Analysis �n .21 Modified on 011 f4/ i i CHANGES ARE NOTED IN RED Page 6 r,�Plymourh Adding Quality to Life February 2011 Modified on 01 / 14111 CHANGES ARE NOTED IN RED Page 7 1 2 3 4 5 7:00 PM 6:00 PM 2:00 PM PLANNING BOARD AND FIRE & ICE COMMISSION COMMISSION FESTIVAL MEETING RECOGNITION Parkers Lake Council Chambers EVENT Plymouth Creek Center 6 7 8 5:30 PM 9 10 11 12 7:00 PM 7:00 PM SPECIAL COUNCIL ENVIRONMENTAL PARK Et REC MEETING` QUALITY ADVISORY Medicine Lake Room COMMITTEE COMMISSION 7:00 PM (EQC) MEETING (PRAC) MEETING REGULAR COUNCIL Council Chambers Council Chambers MEETING Council Chambers 13 14 15 16 7:00 PM 17 7:00 PM 18 19 PLANNING HUMAN RIGHTS COMMISSION COMMISSION MEETING MEETING Council Chambers Medicine Lake Room 20 21 2 2 7:00 PM 2 3 7:00 PM 24 7:00 PM 25 26 REGULAR COUNCIL PLYMOUTH HRA MEETING PRESIDENTS MEETING ADVISORY Medicine Lake Room DAY Council Chambers COMMITTEE ON TRANSIT (PACT) MEETING CITY OFFICES Medicine Lake Room CLOSED 27 28 Disc ss Transit System and Str t Assessment Policy Modified on 01 / 14111 CHANGES ARE NOTED IN RED Page 7 City of Plymouth Adding Quality to Life March 2011 Modified on 17 1114111 Page 8 1 2 7:30 AM 3 7:00 PM 4 5 STATE OF THE POLICE DEPT. CITY MEETING ANNUAL Council Chambers RECOGNITION EVENT Plymouth Creek 7:00 PM Center PLANNING COMMISSION MEETING CounciL Chambers 6 7 8 7:00 PM 9 7:00 PM 10 11 12 REGULAR COUNCIL ENVIRONMENTAL MEETING QUALITY Council Chambers COMMITTEE (EQQ MEETING Council Chambers 13 14 15 16 17 18 19 7:00 PM PLANNING COMMISSION MEETING Council Chambers 20 21 22 23 24 25 26 7:00 PM 7:00 PM REGULAR COUNCIL HRA MEETING MEETING Medicine Lake Room Council Chambers 27 28 29 30 31 Modified on 17 1114111 Page 8 Tentative Schedule for City Council Agenda Items January 18, Special, 5:30 p.m., Medicine Lake Room • Oath of Office to Councilmember Murdock • Council Chambers renovation project • Discuss Council goals and priorities for 2011 January 25, Special, 5:30 p.m., Medicine Lake Room • Discuss Utility Rate Study and Utility Trunk Fund Analysis January 25, Regular, 7:00 p.m., Council Chambers • Approve 2011 Liquor License Renewals • Set February 22 as public hearing date on the request to create a Tax Increment Financing Redevelopment for a multi -family apartment project, Quest Development • Release of Covenant related to the former Hampton Hills golf course site (2010043) • Discuss speed humps on South Shore Drive • Oaths of Office to Police Officers Scott Kirchner and Paul Fischer • Order and Accept Feasibility Report, Order and Accept Plans and Specifications, Order Public Improvement Hearing, Order Advertisement Bids and Set Assessment Hearing for Cimarron Ponds Reconstruction Project (9113) • Approve Plans and Specifications and Order Advertisement for Bids for Imperial Hills Lift Station Upgrade (100 14) • Order Preliminary Engineering Report for 2011 Mill and Overlay Project (11007) • Approve Plans and Specifications and Order Advertisement for Bids for 2011 Sanitary Sewer Lining Project (110 13) • Amend Public Improvement Project Policy • Approve Request for Proposal for Comprehensive Municipal Recycling Services • Approve Request for Proposal for Operation and Maintenance of Plymouth Metrolink Public Transit Services • Public Hearing on vacation of all platted drainage and utility easements within Outlot A and B, The Village at Bassett Creek February 8, Special, 5:30 p.m., Medicine Lake Conference Room Discuss transit system Discuss Street Assessment Policy February 8, Regular, 7:00 p.m., Council Chambers • Public Hearing on the request of tax increment financing assistance for West View Estates (Sands Companies) February 22, Regular, 7:00 p.m., Council Chambers • Public hearing on the request to create a Tax Increment Financing Redevelopment for a multi -family apartment project, Quest Development March 8, Regular, 7:00 p.m., Council Chambers • Discuss Park and Recreation Advisory Commission's Annual Work Plan • Oaths of Office to Firefighters Sergio Flores and Aaron Morris Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 9 March 22, Regular, 7:00 p.m., Council Chambers April 12, Board of Equalization, 6:00 p.m., Council Chambers April 12, Regular, 7:00 p.m., Council Chambers April 26, Board of Equalization Reconvened, 6:00 p.m., Council Chambers April 26, Regular, 7:00 p.m., Council Chambers Page 10 Edina looks at budget cuts to cover cops' raises MARY JANE SMETANKA, Star Tribune Edina officials will be looking for places to pinch pennies after the City Council approved a 2011 budget that increases the property tax levy 1.15 percent despite a state arbitrator's decision requiring the city to boost police pay more than expected. As of Monday, the city also had three other unsettled union contracts that could have unforeseen effects on this year's budget. But Mayor Jim Hovland said the council is determined to cut costs rather than raise taxes more. "The arbitrator's decision threw us for a loop, [but] we will manage the issue within the confines of the budget that was approved in December," he said. "Our intention is that core services are not diminished. We provide essential services like snow plowing, public safety and public works at the highest level in the metro area, and we will figure out a way to continue to do that." The decision of the state arbitrator, Janice Frankman, to give 35 police officers and four inspectors a 3 percent raise in both 2010 and 2011 shocked city officials, who had proposed a 0.5 percent raise for both years. The case went to the state arbitrator in October after contract negotiations reached an impasse. Hovland called Frankman's decision "completely inconsistent" with what is happening around the state, saying the raises she approved are triple the rate of inflation. But Frankman's decision noted that Edina is in a strong financial position and that its average hourly pay for police officers ranks behind the averages in Bloomington, Eden Prairie and St. Louis Park. That will remain the case even after raises boost Edina cops' base pay to between $51,566.73 to $70,750.90 this year, depending on experience. Some officers already were eligible for additional longevity raises. The city has decided not to appeal the ruling because there appears to be little chance of overturning it, Hovland said. That creates a $273,000 hole that has to be filled from 2010 and 2011 budgets, and a new contract settlement with public works employees adds another $18,000 that has to be paid from 2010. John Wallin, city finance director, said the $118,000 in back pay the city owes for 2010 will be paid from budget reserves. The city has to find another $173,000 in its $28 million 2011 general fund budget to meet the arbitrator's requirements. Hovland said cuts likely will be bigger than that, because Frankman's ruling means some police officers and inspectors will soon make more than their supervisors. So the city likely will give those supervisors raises, too. Page 11 The new budget includes a 1 percent cost -of -living raise for city employees. About 70 percent of the budget goes for personnel. Wallin said any cuts recommended by administration will seek to avoid cutting staff. Hovland agreed: "That would be the last place we'll look, but everything's on the table." Still unsettled are union contracts with firefighters, police dispatchers and animal control officers. The 1.15 percent increase in the property tax levy will raise taxes on a median -valued home by $18. Mary Jane Smetanka - 612-673-7380 Page 12 L MUNICIPAL �M MIC Government fairs Update January 7, 2011 2011 Legislative Session, Week 1 In 2008, voters went to the polls seeking "change" at the federal level, resulting in many DFL victories at the state level (including a veto -proof DFL majority in the State Senate). In 2010, voters wanted change once again. That change has now brought us to opening week of the 2011 Session — one that has brought historic firsts and many newcomers to the Capitol in St. Paul. On January 3, Mark Dayton was sworn -in as Minnesota's first DFL Governor since 1990. He will be joining new leaders in both the House and Senate: Rep. Kurt Zellers was elected as Speaker of the House on January 4, and Senator Amy Koch was elected as the Senate's first female Majority Leader. Rep. Zellers and Senator Koch will be leading a Republican majority in both legislative bodies — something that hasn't been seen in over 30 years. Another notable change to the 2011 Session is the number of first -term senators and representatives. This year, there will be 60 new legislators in the House and Senate -- the fourth- largest freshmen class in the past 40 years. Of these new policymakers, 54 of them are Republicans. Below are some charts outlining the make-up of the 2011 Legislature: Party Make-up Gender "mate DFL 30(45%) GOP 37(55%) Law House DFL Real Estate 62(46%) GOP Legislator 72(54%) Gender Top 5 Occupation/Background Senate Female 21 Male 46 Law =House Female Real Estate 43 Male Legislator 91 Top 5 Occupation/Background Page 13 Senate %. Business 15 Financial Services 9 Law 7 Real Estate 6 Legislator j 6 House Business 28 Educator 20 Attorney 13 Legislator 9 Retired 8 Page 13 Priority *v $6.2 Billion Deficit On December 2, MN Management & Budget staff announced the budget forecast for the FY 2012-13 biennium. The state is projected to have a $6.2 billion deficit in FY 2012-13, about $593 million worse than previous estimates. This will be the baseline for initial budget discussions during the 2011 Session (until the February forecast is released). The Republicans majority in the House and Senate differ from DFL Governor Dayton on how to resolve the budget deficit. At a press conference following the budget announcement, Republican leaders said the state has a spending problem, not a revenue problem. Governor Dayton and the DFL minority believe the long-term fix to the deficit requires a combination of spending cuts and increased revenue. Most notably, Governor Dayton has proposed an income tax increase on the state's wealthiest earners. Much of the budget deficit has been blamed on previous "fixes" during the last biennium. In 2009-2010, the Legislature relied on one-time stimulus money from the federal government to resolve a majority of Minnesota's budget shortfalls. However, because spending was never reformed during the last biennium, the budget deficit has returned without federal stimulus money to help resolve it. Governor Dayton is expected to have his budget proposal released by mid-February. Commissioner Appointments As of January 7, Governor Dayton has appointed the following individuals as commissioners and other leadership posts: • Tom Landwehr, Dept. of Natural Resources • Myron Frans, Dept. of Revenue • Mike Rothman, Dept. of Commerce • Brenda Casselius, Dept. of Education • Edward Ellinger, Dept. of Health • Paul Aasen, Pollution Control Agency • Jim Schowalter, MN Management & Budget • Susan Haigh, Met Council Chair • Dave Frederickson, Dept. of Agriculture • Ken Peterson, Dept. of Labor & Industry • Tom Sorel, Dept. of Transportation Page 14 Upcoming Meetings Monday, January 10 House Transportation Policy & Finance Committee Agenda: Presentation on November 2010 forecast of transportation and transit revenues and expenditures Thursday, January 13 Senate Committee on Taxes Agenda: General Overview of MN Tax System -3- Page 15 Approved Minutes City of Plymouth Environmental Quality Committee (EQC) December 8, 2010 MEMBERS PRESENT: Chair Kathy Osborne, Commissioners Ken Zieska, Tawnia Johnson, Katie Kendrick, and David Pellinger MEMBERS ABSENT: Commissioner Carlos Gutierrez STAFF PRESENT: Water Resources Manager Derek Asche and Office Support Specialist Patty Hillstrom OTHERS PRESENT: Councilmember Tim Bildsoe 1. CALL TO ORDER — 7:01 P.M. 2. PUBLIC FORUM Coventry Snare, 5135 Ives Lane North, provided a packet for the EQC and stated that there is an erosion problem in her backyard as a result of a drainage ditch Swale that was constructed to help the water flow from a culvert into a pond to the north of her home. She referred to images of her backyard and explained that a 2 to 1 slope was created on her side of the drainage ditch resulting in erosion and the collapse of her fence. Ms. Snare feels that the situation is very unsafe for children, animals and for anyone trying to mow a lawn with unsure footing. Ms. Snare stated that if the erosion continues the creek could become blocked with sediment causing flooding and the quality of water running through the creek and flowing into Bass Lake would be compromised. She added that safety is a concern and asked who would be liable if an accident occurred. Ms. Snare stated that her goal is to improve the grade of her backyard and offered the following suggestions: 1. Continuation of the retaining wall from 5115 and 5125 Ives Lane North through her backyard providing a functional support to keep soil in place. 2. Grade the backyard of her home to enable the construction of a walk -out basement that would reduce the grade for a safer environment and match other Jonquil homes on the other side of the creek. Water Resources Manager Asche will convey Ms. Snare's concerns to Doran Cote, Director of Public Works. Page 16 Environmental Quality Committee Minutes December 8, 2010 Page 2 3. APPROVAL OF AGENDA Motion by Commissioner Kendrick seconded by Commissioner Johnson recommendin approval of the December 8, 2010, Environmental Quality Committee_meeting agenda. With all members voting in favor, the motion carried. 4. PUBLIC INFORMATION ANNOUNCEMENTS 5. CONSENT AGENDA A. APPROVAL OF NOVEMBER 10, 2010, ENVIRONMENTAL QUALITY COMMITTEE MINUTES B. APPROVE DRAFT 2011 EQC WORK PLAN Chair Osborne requested that approval of the draft 2011 EQC Work Plan be moved to General Business in order to receive input from Councilmember Bildsoe. Motion by Commissioner Zieska, seconded by Commissioner Johnson, recommending approval of the November 10, 2010, Environmental Quality Committee meeting minutes. With all members voting in favor, the motion carried. 6. PUBLIC HEARING There was no public hearing scheduled for the meeting. 7. GENERAL BUSINESS A. CEDAR ISLAND, PIKE, AND EAGLE LAKES TMDL Water Resources Manager Asche reported that Pike Lake does not meet State standards for nutrients and provided a brief presentation on the Cedar Island, Pike, and Eagle Lakes TMDL. Water Resources Manager Asche referenced a list of BMP's that are already being done within the Pike Lake Watershed including ongoing education, annual presentations at meetings, and three street sweepings. Councilmember Black asked how much phosphorus results from the stirring up of the bottom sediments as a result of recreational activities that occur on Pike Lake and is it realistic to meet the TMDL. Water Resources Manager Asche replied that a significant portion of loading comes from internal sources and said that the TMDL weighs on internal management to meet the goals. Page 17 Environmental Quality Committee Minutes December 8, 2010 Page 3 Michael Loop, 6210 Deerwood Lane North, stated that he is one of five residents that live on Pike Lake. He said there is public access to Eagle Lake with parking for approximately 12 boats and a small dredged channel leading into Pike Lake that's deep enough only for a fishing boat. He clarified that there is skiing and recreational activities on Eagle Lake but very little on Pike Lake. He stressed that the curly leaf pondweed is getting progressively worse each year. He said that cattail grows nearly all of the way around the edge of the lake except for an undeveloped point between Eagle and Pike Lake that the Three Rivers Park District owns. He added that there is currently a "no wake zone" sign with a speed limit on Pike Lake. Chair Osborne asked Mr. Loop if there are any rough fish in Pike Lake. Mr. Loop replied that he did not know. Water Resources Manager Asche suggested considering a draw down to help balance the plant community in Pike Lake. He said other options for control of curlyleaf pondweed include herbicide treatment and harvesting. The EQC suggested the following activities for Pike Lake to meet the TMDL goals: • Continuation of BMP's already in place • Development and Redevelopment Regulations • Rough fish management • Additional street sweepings • Combined efforts with MnDOT, Three Rivers Park District and City of Maple Grove • Post an official "No Wake Zone" sign • Aquatic vegetation management (curlyleaf) • Check City records to make sure there are no old pipes discharging into the lake Motion by Commissioner Zieska seconded by Commissioner Kendrick recommending approval of activities, based on the list verbally addressed with Water Resources Manager_Derek Asche, and proceeding to the City Council with the EQC's suggestions. With all members voting in favor, the motion carried. Chair Osborne thanked Mr. Loop and Councihnember Black, B. APPROVE DRAFT 2011 WORK PLAN Motion by Commissioner Zieska seconded by Commissioner Pellin er recommending approval of the draft 2011 EOC Work Plan. With all members voting in favor, the motion carried. Councilmember Bildsoe reported that the City Council interviewed applicants for service on boards and commissions and stated that a tentative selection was made to fill the vacant spot on the EQC. The appointment will be approved at the December 14, 2010, City Council meeting. 8. REPORTS AND STAFF RECOMMENDATIONS Page 18 Environmental Quality Committee Minutes December 8, 2010 Page 4 9. FUTURE MEETINGS — January 12, 2010 10. ADJOURNMENT With no objection, the meeting adjourned at 8:38 p.m. Page 19 MINUTES OF THE PARKS AND RECREATION ADVISORY COMMISSION MEETING December 9, 2010 PRESENT: Commissioners: G. Anderson, N. Carroll, M. Riley, A. Vanderwall, J. Zwack Staff: D. Evans, E. Blank, D. Sankey Planning Commission Liaison: D. Kobusson ABSENT: Commissioner J. D. Nelson City Council Liaison B. Stein 1. CALL TO ORDER Chair Anderson called the meeting to order at 7:04 p.m. 2. APPROVAL OF MINUTES MOTION was made by Commissioner Vanderwall and seconded by Commissioner Zwack to approve the September minutes. Vote: 4 Ayes.. Motion carried. Note: Commissioner Carroll arrived after the vote. 3. OPEN FORUM none 4. STAFF UPDATE: a. Staff Presentation: Dan Lauer. Dan Lauer explained that the Parks & Recreation Department has a vision of constantly striving to be innovative, creative, and a leader in the field. We are creative in budgeting, programming, and staffing. In adult athletics, we offer a wide range of team sports and individual sports, including basketball, softball, kickball, football, soccer, volleyball, and dodgeball. Open volleyball, badminton, soccer, tennis, and golf are offered for individual players. Lauer is working with Sara Mittelstaedt, Senior Coordinator, on active adult programming, including tennis and bocce ball. A large part of Lauer's job is working with youth sports, including camps, clinics, and rec leagues. We use parent volunteer coaches and hire coaches. We also contract with providers such as Skyhawks and Sports Unlimited. We hire PGA and LPGA golf pros to teach lessons at Parkers Lake Golf Center, and we have leagues at Begin Oaks. Kevin Lynch has offered basketball camps, and Minnesota Swordplay offers fencing classes. An archery program started this past fall. For youth fall soccer, parent volunteers do all coaching. We have added a soccer program for 4 year olds, and have added a U14 level because kids wanted to continue in our program. We have tennis lessons and leagues, t -ball and baseball leagues, flag football league, and our Rink Rat hockey league. We have also started programs for 3'/a to 4 year olds such as Little Sportster. Page 20 PRAC Minutes/December 9, 2010 Page 2 Lauer is coordinating Fire & Ice with Travis Karlen on February 5 at Parkers Lake. It will include many of our classic events such as sled dog rides, pony rides, and hay rides. New events include hot air balloon rides and a Native American dance troop, plus more fireworks. Karlen has put together a medallion hunt. Lauer is also coordinating the Yard & Garden Expo to be held on April 8 & 9 at the Fieldhouse. He said that we are always looking for new programs and events, and we are open for suggestions. Lauer has been putting out a trail counter on various paths and trails throughout the city to gather information on trail usage. Chair Anderson asked how the trail counter was working out and how it works in the winter. Lauer responded that it is working well and does work in the winter, but he must be more careful with how he installs it on the trail because of plowing. There is obviously a dramatic change between summer and winter counts. We did have some vandalism to the counter on the Plymouth Creek Disc Golf Course trail. Someone pounded it and broke it into pieces. b. Staff Presentation: Travis Karlen. Superintendent Evans introduced Travis Karlen to the commissioners. He replaces Karol Greupner in the arts/music focus position. Karlen said he worked with the Playground Program this summer, and was pleased with the great staff. He is working with the Entertainment in the Parks series, and it will be expanded next summer. He also plans to add a Movies in the Park series. He would like to incorporate the small stage at the Hilde for entertainment offerings. Karlen is coordinating arts, Music for Everyone, and dance classes. Prairie Fire Theater has been offered for the past several summers. We will have three productions this year — February will be Sleeping Beauty, June will be Aladdin, and August will be Beauty and the Beast. New programs include a children's choir, Winter Guard (a color guard program), and a Kiddy Parade around the Fourth of July. To spice up the Parks Plus program this year, the DNR will do a fishing day. He is also planning and organizing events for Fire & Ice with Dan Lauer. Karlen is in charge of promoting sponsorships for the department. He and Tara Jenkins developed an information packet for encouraging local businesses to sponsor programs. We have had a very good response from the businesses. He is also the liaison for the Plymouth Fine Arts Council. Commissioner Carroll said that Movies in the Park is a great idea and asked what venue we will use. Karlen said he is planning to use the Hilde right now, although with a portable screen, maybe others could be used. Carroll asked what movies would be played. Karlen said he has not decided yet, but he is planning to use current releases and classics, mostly family movies. Maybe a one-night event for adults could be held at the Millennium Garden. c. Upcoming Community I Special Events. Superintendent Evans reported that staff went to the National Conference in Minneapolis in October and made a presentation before the accreditation commission and answered their questions. We achieved 143 of 144 possible items. We are one of Page 21 PRAC Minutes/December 9, 2010 Page 3 five Minnesota agencies and one of 97 national agencies to be accredited. For the Hilde, 95% of the construction is done. Cold weather ended construction for this year and the rest will be finished in the spring. The hockey rink at Plymouth Creek will be ready for skating this winter. It can be used in the summer, too. We will be collecting data on usage to determine what kind of value it brings to the park system. Council is voting on the city budget. The CIP for 2011 is tied to the budget and includes the parking lot for the dog park, new trails, a skating rink for Zachary Playfield like the one at Plymouth Creek, and redevelopment of the skate park. Evans announced that Erica Chua is leaving us, and we are in the process of interviewing for her replacement. Halloween at the Creek was a great event. The Kids Garage Sale had 31 kids selling their stuff and over 400 shoppers. Commissioner Carroll asked when the next one will be held. Evans said it will be in the spring. The Plymouth Rockers had their Cookies & Carols concert on December 1 and sang at City Hall. Old Fashioned Christmas drew over 650 people. Our next event is the New Year's Eve celebration at the Ice Center and Lifetime Fitness. Registration is underway for the winter brochure programs. We had over 1000 registrations on the first day, 65% of which were online. Chair Anderson wondered if accreditation needed to be renewed. Evans said there is a renewal process every five years. Anderson asked what other Minnesota cities have been accredited. Evans said Roseville, St. Paul, Ramsey County, and Minneapolis. 5. NEW BUSINESS a. Bassett Creek Regional Trail -- Three Rivers Park District. Ann Rexine, Planner from Three Rivers Park District, presented the plan for the Bassett Creek Regional Trail, She explained that a Master Plan must go through an approval process with the Metropolitan Council. The visitation estimate for the Luce Line was 138,240 in 2009, and they feel this trail will be about the same. The trail will connect Clifton French Park to Theodore Wirth Park and will go through Plymouth, New Hope, Crystal, and Golden Valley. There is a bridge crossing Highway 169 at 36th Ave and one crossing Highway 100. In Plymouth, the trail will follow along 36th Avenue, although they are not sure yet if it will be on the north side or the south side. There are segments in New Hope and Crystal that are already completed. There is a task force whose members have had input toward the guiding principles in choosing route alignment. Three Rivers is planning an open house in the second or third quarter of 2011 at Crystal City Hall. They hope to have the final master plan completed by the fourth quarter of 2011. Chair Anderson asked if there will be an open house in each city. Rexine said there will be just the one at Crystal City Hall. Commissioner Zwack asked what the typical opposition would be at an open house. Rexine said that in fully developed urban communities, people want to know how it will affect them and about safe crossings. Representatives from public safety, planning, landscape architects and others attend Page 22 PRAC Minutes/December 9, 2010 Page 4 the open houses with them to help answer questions. Other questions include: will it be lit, hours of operation, and whom do we call if a tree falls. Three Rivers will set up a website page to help answer these typical questions ahead of time. Commissioner Carroll asked about the traffic count. He thought it would be a lot higher for the Luce Line. Don DeVeau, Director of Planning and Development for Three Rivers, said he wasn't sure how it was derived for the Luce Line. Sometimes they have people do a physical count. They also take counts at various locations along trails. Commissioner Zwack asked if they expect the type of use to be different in the strongly urban area than on the Luce Line. DeVeau said he thinks it will be similar to other urban regional trails. In inner ring suburbs, more pedestrian than bicycle use is usually found. Chair Anderson asked when they would expect completion of the trails. DeVeau explained that funding would not necessarily be available to enable the project to start right after the plan is approved. Their ten-year vision plan indicates that there will be dollars available for this trail. Other funds are available from the state and other entities. The project could even possibly be started in 2012. Commissioner Carroll asked if the trail would support commuting, and they replied that it would. b. Open Space Plan — Paul Buck. Paul Buck presented the Open Space Plan and pointed out the stewardship needed on the various open space parcels. Commissioner Carroll asked about techniques for buckthorn removal. Buck said it is mostly large scale. They clean out 3-6 acres at a time with chain saws. They spray with round up in October when other plants have gone dormant. The following spring, they get a feel for how well the efforts worked. The department loans out weed wrenches that residents can borrow to clean out their yards or their neighborhood parks. Chair Anderson said the new report format is much easier to read and understand. He noticed that some parcels have grades and some don't. Buck said that the grades came from a consultant who worked on the bonding issue, and they are an indication of qualities of parcels. Buck said all the parcels are being managed to keep them as natural as possible. Carroll said it is a great document and he found it very useful. Evans and Buck pointed out this is a living document and changes will be made as necessary. MOTION was made by Commissioner Carroll to accept the Open Space Plan. Commissioner Vanderwall seconded. Vote: 5 Ayes. Motion carried. c. Emerald Ash Borer Management Plan -- Paul Buck. Paul Buck spoke on the budget for removing ash trees and replacing them. He felt that Option #1 is the best choice because visual impact would be less if we started with replacing the smallest trees first. The larger trees are more valuable, and saving them until last give us a chance to not have to remove them if the situation changes. Commissioner Zwack said this plan is very consistent with what other communities around the country are doing. The pest is going to cost the city money one way or another. Buck said that no pests were found in the traps that were put out around Plymouth this summer. Nothing outside of the original infestation in St Paul has been found in the state. Commissioner Zwack said nobody in the country is saying that a community ought to try to save all of the ash trees in the community. The prevention technology is getting better and better and the cost is coming down. The body of knowledge is evolving. When the trees die, they become brittle and it is a huge liability Page 23 PRAC Minutes/December 9, 2010 Page 5 issue. Chair Anderson noticed that the plan does not allow for any of the chemical treatments and wondered if this was practical. Buck answered that trees on private property and boulevards could be treated on a case-by-case basis. Zwack said he read something in the report about leaving the door open for treatment for the more valuable trees. Zwack said the concern in many communities is losing a third of their trees in a short time, which may be too much for their budgets to handle. Since the trees become brittle when they die from the elm borer damage, a liability issue comes in. Anderson commented that individual homeowners will feel that their tree is valuable. Buck said that people will be allowed to treat the boulevard trees if they like. If they don't and it dies, the city will remove it. Once you start treating a tree, there is no time to where you can stop and feel comfortable. Zwack said after the big wave goes through, the remaining trees might not need treating as intensely. The urban trees are valuable because they provide many services such as carbon usage and storm water runoff. Carroll asked about the sources of funding for grants. Buck said there is a State funding grant, which we have received, and they can extend it. MOTION was made by Commissioner Zwack to accept the Emerald Ash Borer Management Plan and Option #1. Commissioner Carroll seconded. Vote: 5 Ayes. Motion carried. d. Park Fees Superintendant Evans explained that we periodically bring in suggestions of fee changes for rental of facilities. She pointed out the proposal showing current fees with the proposed fees for 2011. We look at surrounding communities to see that we are staying in line with the fees they charge. Canoe rack rental fees would go up for non- residents. Council wishes to make fees a better value for residents compared to non- residents. Parkers Lake Stage rental would go up a few dollars. Commissioner Riley asked how much of a total revenue increase would this be, and how much the stage is used. Evans said that the stage is used most by the city, although a few people rent it for events. The purpose of increasing the fee is to keep it in line with other communities and to keep it current. MOTION was made by Commissioner Riley to adopt the Facility Fee Schedule as proposed for 2011. Commissioner Vanderwall seconded. Vote: 5 Ayes. Motion carried. e. 2011 Meeting Calendar Superintendant Evans presented the calendar showing the PRAC schedule for the upcoming year. She asked if commissioners have any questions or recommendations. Commissioner Carroll asked about a park tour. Evans said we usually do it every other year because of the cost, so this would be our off year. Commissioner Riley said she would like to have a park tour annually. Chair Anderson said there are probably some parts of the Northwest Greenway that we haven't visited. Evans said that there have not been a lot of changes since last summer, so it might be better to wait until 2012 to do this tour. Page 24 PRAC Minutes/December 9, 2010 Page 6 6. COMMISSIONER UPDATES None. 7. ADJOURNMENT Chair Anderson entertained the motion to adjourn. MOTION was made by Commissioner Zwack and seconded by Commissioner Riley. Vote: 5 Ayes. Motion approved. The meeting adjourned at 8:55 p.m. The next meeting will be held on January 13 at City Hall. Donna Sankey — PRAC recorder Page 25 Dear Neigimo.-, ��a€'�i`�e`ir.4iQ�.3sia&G.nBi.EFsHINT' We received a postcard recently from the NIN Department of Transportation. An expansion to .1-494 is being proposed. It involves widening the road to allow three continuous lanes between 1.394 and Fish Lake Road plus an auxiliary lane between 394 and 55. If completed, they anticipate an increase in traffic of about 50% from 2005 to 2030. We have lived here since 1977, so we've experienced a number of changes on 1-494 — and each one has resulted in significant increases in highway noise_ The increases are not just due to more traffic_ In particular, the concrete road surfacing has proven to be much noisier than the previous blacktop surface. Though we are two full city blocks off the freeway, with houses and a wooded area between us and the road, we find it is sometimes difficult to hold a conversation on our deck on a summer evening. Traffic is bad on I-494. We can assume the expansion will happen eventually. Noise will increase — nothing we can do about that. But we might be able to mitigate it_ We need noise barriers included in this next project. What can we do? Noise is an environmental issue. Don't believe the old saw about not being able to fight city hall. It is possible to affect public policy — and it doesn't take heroic efforts. What it takes is a lot of people doing a little bat each. Some of those things include. * attend public meetings face to face has the greatest effect, and numbers attending matter • phone calls to MnDot and city officials ® notes and letters to public officials — MnDot people, but also city council members who Krill carry more weight than individual citizens if they contact MnDot. If you do an email — send copies to everybody at MnDot you can find on the website... and the Commissioner of Transportation... and all the city council members... and the mayor--- any anybody you have ever known who might have some political clout. v petitions from neighborhoods — though not effective by themselves, they do add weight to the overall effort ® spread the word to all your neighbors. 1 complaint is a crank; 3 complaints is a NIMBY group; 10 complaints is a neighborhood organization; 100 complaints is a movement and requires a response. Where do we start? The timeline for the project is very uncertain, but the timeline for input is RIGHT MOW! The Comment Period for Environmental Assessment is only until January 26, 2011 _ Sending us a postcard during Christmas vacation and only accepting input for one month in the middle of winter almost makes it look like they don't think we care. The public hearing is Wednesday, January 12 from 4-7 PM. It is cold_ You are tired. It would be easy not to go — but being there can make a huge difference in our quality of life for decades to come. if you can't attend (or even if you can,} send a letter and/or email as well. The person designated to receive comments at MnDot is: Richard Dalton, Environmental Coordinator Mn/DOT Metro District 1500 W. County Road B2 Roseville, MN 55113 Phone 651-234-7677 Email Richard. Dalton@state_mn-us WRITE OR CALL TODAY! Deep your communications simple. _. firm, but positive. "Noise is bad. Noise has gotten much worse. Noise will continue to get worse_ Noise abatement is necessary. Noise barriers and a quieter road surface are necessary." Include your name and address_ Ask for a reply to acknowledge receipt of your note --- officials sometimes "forget" how many messages they receive. Copy your letter or email to everybody you can think of — including me, please - hlghartmann@gmail.com Jiro chi Sheila Hartmann SPEAK U P TODAY (so mavbe you won't have to shout so much in the future!) 1140 harbor Lane N Plymouth, AIN 55447 763-475-1677 Page 26 r RJF AGENCIES Creative Management of Risk ...an Assurex Global Partner January 5, 2011 Cal Portner City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1482 Dear Cal: With a new year comes exciting news. RJF has joined Marsh & McLennan Agency LLC (MMA}, a subsidiary of Marsh inc., the world's leading global insurance broker and risk management advisor. We're thrilled about the opportunities this combination of great companies will bring to our clients. RJF has always worked to be a leader within the industry. Its leadership and people have always been committed to operating ethically; introducing new ideas, products and services to the marketplace; providing solid advice and advocacy; and exceeding client expectations. This won't change. Joining MMA enhances RJF's ability to deliver on these commitments while providing long-term security and additional resources to our clients and employees. No positions were eliminated as a direct result of this transaction and you will have the same dedicated service team, so you can expect the personal attention and service that you've come to know from us to continue uninterrupted. Contact information will remain the same. And, as RJF is novo part of MMA, you gain access to au extensive array of capabilities and resources, offering an even broader platform to meet your needs. The leadership of MMA recognizes the distinct value of RJF's culture—our emphasis on putting the clients interest first, our operating platform, our leadership and people, and our philanthropic efforts. That's one of the reasons RJF has been asked to lead the Upper Midwest for MMA. You can learn more about MMA at www.marshmcleiiiiauagency.com. Please don't hesitate to contact me if you have any questions or any issues we can address. As always, I appreciate your business and look forward to serving you in the future. Sincerely, Tom Nepper 763-746-8207 iteppert@rjfagencies.com 7225 Northland Drive North • Suite 300 • Minneapolis, MN 55428-1516 800-444-3033 • 763-746-8000 W W W. RJFAGENCIES. COM ASM -rex G ( O A d ! Page 27 MINNEHAHA CREEK 6jo) WATERSHED DISTRICT QUALITY OF MATER ���,/ QUALITY OF LIFE Page 28 Date: November 23, 2010 To: Cities, Counties, Met Council, State Review Agencies From: Udai Singh, Minnehaha Creek Watershed District The Minnehaho Creek Re: Minor Plan Amendment — 45 -Day Comment Period Watershed District is The Minnehaha Creek Watershed District is proposing a minor amendment to committed too its 2007 Comprehensive Watershed Resources Management Plan. The Leadership rote in amendment establishes a District wide aquatic invasive species (AIS) control protecting, irnprnving and management program, which may include a regulatory permitting process as well as an inspection and decontamination program. and managing the surface waters and As you know, zebra mussels were discovered this summer in one of the most important water bodies in the District and state - Lake Minnetonka. The important affiliated groundwater reminds us of why we need to continue to focus on a comprehensive resoatws within the and watershed -wide approach to prevent the spread of invasive species and introduction of new invasive species and the irreversible damage they have on District, including their our lakes and streams, plants and fish and the recreational, property and redationshins to the commercial value of our water resources. ecosystetrs of which they The attached amendment reviews the threat AIS pose to the watershed and are an integral part outlines the watershed management policies, goals and strategies in the Ale achieve our mission existing District Plan that support an AIS program. The amendment describes specifics of a potential regulatory program, including methods of certifying through regutrtion, watercraft and other equipment to be placed in watershed water bodies as AIS capital .projects, free. Note that any actual regulatory program would be developed with the engagement of stakeholders and the public through a rulemaking process educatiarr, coopemtive pursuant to Minnesota Statutes section 103D.341. The amendment also endeavors, and other includes an initial cost estimate of the program. programs based on The District invites your comments on the plan amendment and the continued sound science, engagement of the many stakeholders involved in addressing the critical issue innovative thinking, an of AIS prevention, control and management. Enclosed are the affected sections of the plan showing the proposed changes. The full plan is available on the informed and engaged District's website: hqp://www.minnehahaci7eek.org/Draft5O9PIan.php constituency, and the The District will be accepting comments on the amendments until January 7, Cast effective use Of 2011. Please direct any comments or questions to Dr. Udai Singh at: public funds. Minnehaha Creek Watershed District 18202 Minnetonka Blvd, Deephaven, MN 55391 usingh@n.unnehahaereek.org,. Tel. 952-641-4507 Page 28 6.1.2 Regulation for Ecological Integrity 6.1.2a Aquatic Invasive Species Program The District has shifted its water -quality improvement efforts to an ecosystem based approach to the management of water resources. Moving beyond the traditional assessment of water quality of streams and lakes in terms of excessive nutrients, such as phosphorus, and water transparency, the District now measures additional ecosystem elements and parameters that contribute to water quality and the overall health of water bodies, as well as their capacity to support designated uses. The District continues to work closely with public and private partners in this effort. In this evolution, the District and its partners have confronted the threat posed by aquatic invasive species (AIS) to water quality, ecological integrity, and suitability for designated uses. The District has also surveyed published research on the impacts of AIS on the ecological integrity of water resources. This analysis has been corroborated in the case of zebra mussel field surveys and inspections to assess the extent of the infestation by the District and its partners in the wake of their discovery, in July 2010, in Lake Minnetonka. Increased efforts by the Minnesota Department of Natural Resources (MNDNR) and local authorities to educate recreational users of water resources and inspect watercraft were not enough to prevent the recent introduction of zebra mussels to Lake Minnetonka and stronger efforts are clearly needed to prevent the introduction and spread of AIS. After numerous public meetings and substantial consultation with the MNDNR, local authorities and other stakeholders, the District determined that a watershed -based approach to stopping the spread of AIS is critical in order to protect the ecological integrity of the District's water resources and the function of water management infrastructure. A watershed -based approach is necessary to slow the rate at which AIS infiltrate waterbodies in which they are already established, prevent the spread of AIS to additional waterbodies, and guard against the introduction of new AIS threats. AIS have a significant capacity not only to change the aesthetics of aquatic ecosystems, but also to replace or damage plants and animals of horticultural, agricultural, ecological, cultural, and recreational value. AIS can cause or exacerbate disease, and can damage lake ecology, recreation, property values, commerce and industry.' The capacity of waterbodies to support designated uses can also be fundamentally undermined if AIS are not prevented, contained, controlled, managed or eliminated. In the case of Lake Minnetonka, AIS may also adversely affect the operation of the Grays Bay dam and the stormwater outfalls along Minnehaha Creek, and other infrastructure throughout the District. To implement this amendment to the District's 2007 Water Resources Management Plan, the District will consider conducting a rulemaking process and adopting a rule to require anyone wishing to place a watercraft, dock, boat ramp or other equipment in a watershed waterbody to obtain a District permit. To receive a permit, the applicant would have to I Minnesota Waters, "Aquatic Invasive Species in Minnesota's Waters — An Aquademic," (April 2009), available at http://www.ininnesotawaters.orc. Minnehaha Creak Watershed District 63-A Amendment Effective Date: Comprehensive Water Resources Management Plan Page 29 demonstrate that the watercraft or equipment he or she wishes to launch or place in a waterbody is free of aquatic invasive species (AIS). The District will also consider establishing an independent, District -led voluntary inspection and decontamination system. Whichever approach is adopted — regulatory or voluntary — education and outreach will be a critical complement to the District's hands-on engagement with users of watershed water resources. Legal Authority An aquatic invasive species program would contribute to the District's fulfillment of its statutory purposes. Given the threat invasive species pose to water resources, recreation and public health, the program would address water management purposes to "protect and enhance fish and wildlife habitat and water recreational facilities," "secure the other benefits associated with the proper management of surface and ground water," 2 and "minimize public capital expenditures needed to correct... water quality problems."3 By containing aquatic invasive species to the greatest extent possible and preventing their spread and the introduction of new species, the District and its partners would help watershed communities avoid the substantially higher cost of addressing the impacts of invasive species after they are established. In addition, Board of Water and Soil Resources rules require watershed districts, in their watershed plans, to develop goals and policies that "outline how water resource based recreational activities and wildlife interests will be protected or improved through the implementation of the plan .,,4 That is, if a watershed lake has a fishery of particular importance, the plan must state what measure the watershed district will take (or require other local governments to take) to conserve it. The District's Water Resources Management Plan identifies several high quality fisheries, including Lake Minnetonka.5 The AIS program would contribute substantially to the protection of these resources. The District program also fulfills the general charge to "conserve the natural resources of the state ... by using sound scientific principles for... the provident use of the natural resources,"6 and the specific purpose to "protect or enhance water quality" in terms of ecological integrity.7 The District is also specifically authorized to conduct studies and monitoring of water resources within the watershed, and to implement water resource management programs.g Support in the District Plan The District's 2007 Water Resources Management Plan identifies the critical water resources issues in the watershed, setting goals for the District's efforts to address the issues and providing detail on the tools and resources the District will use. The Plan consistently underscores the importance of ecological integrity in watershed 2 Minn. Stat. § 103B.201(7), (S). S Id. at (2). 4 Id. 5 Plan, See. 2.3.2, 6 Mina. Stat. § 103D.201, subdivision 1. 7 Minn. Stat. 103D.201, subd. 2 (13). 8 Minn. Stat. § 103D.335, subd. 25. Minuehaha Creek Watershed District 63-B Amendment Effective Date: Comprehensive Water Resources Management Plan Page 30 management.9 The Plan identifies invasive and exotic species as important threats to ecological integrity. 10 The Plan includes several policies and goals that are served by an aquatic invasive species program, including: • Maintain, support and enhance the ecological integrity of upland and aquatic resources in the watershed and the ability of flora and fauna in the watershed to proliferate; • Increase the ecological integrity of the envirorumental resources within the watershed; • Conserve, maintain and improve the aesthetic, physical, chemical and biological properties of surface waters and groundwater within the watershed; • Protect the ecological integrity of surface waters and the riparian environment; • Achieve no net loss in the quantity, quality and biological diversity of existing wetlands in the watershed; • Cooperate with other agencies to minimize the spread of harmful exotic species.l A District AIS program is therefore strongly supported by the watershed management policies, goals and strategies detailed in the Plan. This amendment supplements the Plan by directly addressing the specific threat of zebra mussels and other AIS to the ecological integrity and water quality of the District's water resources and water management infrastructure, and clarifying the basis in the District's 2007 Water Resources Management Plan for a regulatory program to respond to that threat. The District will explore with watershed stakeholders whether local regulation of activities that have the potential to introduce and spread invasive species is necessary to prevent devastating impacts to the ecological integrity of watershed waterbodies.12 Its local partners and stakeholders already have urged the District to regulate activities that introduce and spread invasive species. A regulatory or voluntary inspection program will be the key component of the District's AIS program as it pursues the goals of providing leadership and cooperating with partner agencies to control and manage the impact of AIS on Minnehaha Creek watershed streams, lakes and wetlands. Rule If it opts to develop a regulatory program, the District will initiate rulemaking under Minnesota Statutes section 103D.341 to adopt a rule pursuant to its authority under chapters 103B and 103D and consistent with the provisions of the state invasive species law (Minnesota Statutes chapter 84D). The District will convene a rulemaking task force that will provide for technical and stakeholder input during the development of the rule. The rule will provide for administration by the District of a permit requirement. The basic structure of the rule, described above, will be supplemented by criteria and required steps with which applicants must comply to receive a permit to place a watercraft or 9 See, e.g., sections 1.7.1, 4.8. 1° Id It Plan, sec. 5, goals 2, 2.1, 3, 6.3, 11.1, 14.3 12 See Laurie Blake, "A Call for New Launch Rules at Lake Minnetonka— Shore Owners Push for More Protection Against Zebra Mussels and Other Invasive Species," StarTribune, March 21, 2009. Minnehaha Creek Watershed District 63-C Amendment Effective Dake: Comprehensive Water Resources Management Plan Page 31 equipment into a watershed waterbody such as inspection certifying invasive -free status, decontamination procedures, and the application of tags or stickers to indicate authorization to use a particular waterbody or group of waterbodies. The rule will identify specific prohibited AIS (a subset of those listed by the MNDNR in Minnesota Rules chapter 6216). Stakeholder input on the draft rule during the statutory rulemaking process will supplement the input from state and regional review agencies on the program received in the course of amending the Plan, ensuring that all affected parties will have an opportunity to advise and guide the District's aquatic invasive species program and that the program will be effective when implemented. Fee Watershed law allows the District to impose fees for permits commensurate with the administration, inspection and related costs of permit processing and enforcement. 13 The permit fee for the District's aquatic invasive species program would be structured in keeping with this authority. Inspection, Decontamination and Permitting Protocol Successful application of the District's permitting program to activities such as boating or installation of a dock would require approval of the permit by the District's Board of Managers or Board delegation of authority to issue such permits to inspection staff. To accomplish this step and begin implementation of either a regulatory or voluntary program„ District staff will establish specific inspection protocols, instructions and forms that inspectors will be required to follow. The protocols will address aquatic invasive species of concern to the District because they are already present (i.e., Eurasian Water Milfoil, curly -leaf pondweed, flowering rush and zebra mussels) or are a potential threat in the future (i.e., hydrilla, spiny water -flea, and viral hemorrhagic septicemia). The program will seek to minimize or eliminate as many of the identified invasive threats as feasible; for example, hot-water decontamination may kill the larvae of zebra mussels, but not spiny waterflea or viral hemorrhagic septicemia. To implement the program, the District may establish decontamination stations at public boat launches, private marinas and major access roads to lakes in the watershed. The District's established relationships with other local governmental units, marina owners and related commercial services will be invaluable in developing agreements allowing such entities to play a role in the implementation of the proposed program. Agreements will provide, at minimum, for access by District employees and contractors and equipment to conduct inspections, provide AIS information and issue permits. Whenever possible, agreements will provide for the contribution of inspection and decontamination resources by employees of partner organizations, allowing the District to more cost- effectively deploy its resources. 13 Minn. Stat. § 103D.341. Minnehaha Creek Watershed District 63-D Amendment Effective Date: Comprehensive Water Resources Management Plan Page 32 Another critical component of the District's invasive species program will be a system by which watercraft and equipment are authorized to enter a waterbody including a particular lake or group of lakes. The program will use colored tamper -proof tags or stickers (blue) affixed to watercraft and trailers. A blue sticker will indicate that a watercraft or piece of equipment has been inspected and found to be free of AIS, or decontaminated and allowed to dry for a sufficient period. An intact blue sticker or tag will indicate that the watercraft or equipment may be launched or placed in any non - infested waterbody in the watershed without inspection. Upon launching or placement in the water, the tag or sticker will be automatically broken or separated (leaving a portion in place to indicate that the boat or equipment is permitted to use the waterbody). Boats exiting non -infested waterbodies will again be blue -tagged or -stickered, while boats leaving infested waterbodies will be red -tagged or -stickered, indicating that they must be decontaminated and dried before launching in a blue -tag waterbody. The District will work closely with the MNDNR, watershed municipalities and counties, parks organizations, nonprofits and citizens groups, the Lake Minnetonka Conservation District, marina owners and other stakeholders to develop and implement these aspects of the program. Penalties The District may enforce violations of permit requirements via the standard District enforcement options, including the civil or criminal sanctions available under chapter 103D. The District will direct staff to contact MNDNR conservation officers or other peace officers trained to enforce the invasive species law in the event that a transient violation is encountered in the field. The conservation officer or peace officer can then impose penalties as provided in state law. To bolster its enforcement capacity, the District anticipates continuing its established invasive species training for peace officers, which the MNDNR has authorized as providing the necessary information for municipal, county and parks peace officers to enforce the state invasive species law. To further supplement its enforcement capacity, the District also will explore a delegation of authority to enforce the invasive species law from the MNDNR. Under the state invasive species law, the agency may "empower [another entity] to act, temporarily or otherwise ... with powers and duties as may be specified..." in the event of an "invasive species emergency."14 Education and Outreach The District's invasive species education and outreach efforts — such as the peace officer training noted above — will serve as a critical complement to the aquatic invasive species inspection and permitting program. The District will develop and provide signs and maps of permitting/inspection locations and decontamination stations, and continue to work 14 Minn. Stat. § 84D.02, subd. 7. Minnehaha Creek Watershed District 63-E Amendment Effective Date: Comprehensive Water Resources Management Plan Page 33 with other agencies and nonprofits to develop and distribute educational materials and will maintain AIS information on its website. District education and outreach personnel will also coordinate and conduct training of staff and contracted inspectors on the District's inspection, decontamination and permitting protocols, as well as safety issues. Administration and Budgeting The aquatic invasive species program would be integrated into the District's organizational structure, with support from all relevant District programs. The District will organize and lead an AIS task force with a watershed -wide focus to provide overall guidance to the program and outreach to leadership at partner organizations, while the District administrator will oversee the administration of the program. The initial development and implementation of the District's invasive species control and management program will cost $180,000 per year. Program startup costs will be collected from an ad valorem tax levy on property in the watershed per Minnesota Statutes section 103B.241. The District will seek grant funding, as well as contributions from other governmental organizations with an interest in managing and stopping the propagation of aquatic invasive species, to offset this levy as much as possible. Although the program would initially be funded by watershed district taxpayers, and if the regulatory program is established, permit fees will be collected that will offset costs to the greatest extent possible. The costs of the program will be shifted, in part, to the recreational and commercial users of the waterbodies in the Minnehaha Creek watershed whose activities present the greatest threat and potential to exacerbate the impacts caused by invasive species. The District will explore partnerships with marina owners and operators of related commercial services to assist in implementation of the program. Minnehaha Creek Watershed District 63-F Amendment Effective Date; Comprehensive Water Resources Management Plan Page 34 P70 � p • LAKE MINNETONKA CONSERVATION DISTRICT o� PG 23545 SMITHTOWN ROAD. SUITE 120 • SHOREWOOD. MINNESOTA 55331 • TELEPHONE 952!745-D789 • FAX 552745-9085 Gregory S. Nybeck, EXECUTIVE DIRECTOR January 7, 2011 Dr. Udai Singh Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 Dr. Singh: The Lake Minnetonka Conservation District (LMCD) understands that the Minnehaha Creek Watershed District (MCWD) is considering a Minor Plan Amendment that would establish a watershed wide aquatic invasive species (AIS) control and management program. At its December 8'hRegular Meeting, the LMCD Board of Directors discussed the proposed Minor Plan Amendment. A summary of comments from the LMCD include the following: �. For many years, the LMCD has been on the forefront for both the management of existing AIS in Lake Minnetonka, as well as the prevention of new AIS. The LMCD began these efforts when Eurasian Watermilfoil (EWM) was first discovered in Lake Minnetonka in 1988, On-going partnerships and collaboration on these efforts have been actively and broadly coordinated by the LMCD through its multi - agency AIS Task Force, formerly know as the EWMIExotics Task Force, of which the MCWD has been a member. 2. The LMCD believes that continued partnership and collaboration amongst the LMCD, MCWD, Minnesota Department of Natural Resources, Three Rivers Park District, Hennepin County, Lake Minnetonka communities, and other local agencies is still the best approach for future AIS control and management. 3. The LMCD questions whether the MCWD has the legal authority to proceed with the proposed Minor Plan Amendment. If the Board of Water and Soil Resources (BWSR) deems that the MCWD has legal authority, the LMCD has concerns about duplication of efforts and redundancies. For example, the LMCD currently permits a number of multiple docks on Lake Minnetonka that store five or more watercraft (commercial marinas, yacht clubs, municipal docks, and homeowner association docks). In the Minor Plan Amendment, it references permitting by the MCWD for docks, boat lifts, and boat lifts when they are moved to and/or from Lake Minnetonka. The LMCD is concemed about this duplication and redundancy in efforts, which will need to be resolved by the MCWD. 4. The LMCD recognizes that the MCWD needs to evaluate AIS on a watershed wide basis rather than just Lake.Minnetonka. However, the LMCD believes that Lake Minnetonka should be an exception to the Minor Plan Amendment in that a high degree of cooperation already exists, and needs to continue, amongst the various regulatory agencies. With that said, the LMCD welcomes an opportunity to expand our cooperating and partnership efforts that already exist with the MCWD to implement additional AIS control and management programs. Web Page Address: htip://www.irncd.or.q E-mail Address: imcdCa-imcd.org Page 3 5 Dr. Udai Singh January 7, 2091 Page 2 of 2 5. The LMCD encourages the MCWD to work closely with the LMCD and other stakeholders to come up with ways to use new funding for control and management of AIS on a proactive and sustainable basis for Lake Minnetonka. We appreciate the initiative and effort of the MCWD to see if more can be done with regards to AIS control and management. Please feel free to contact LMCD Executive Director Greg Nybeck if you have questions. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT f Lisa Whalen, Chair LMCD Board of Directors cc: Brad Wozney, BWSR 14 Lake Minnetonka Communities LMCD Board of Directors LMCD AIS Task Force Members Senator Olson Senator Ortman Senator Bonoff Representative Doepke Representative Hoppe Representative Benson Representative Kohis Representative Anderson Representative Smith Page 36 ® City of Plymouth Adding Quality to Life January 12, 2011 Dr. Udai Singh Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 SUBJECT: DRAFT PLAN AMENDMENT AQUATIC INVASIVE SPECIES CONTROL AND MANAGEMENT M iNNEHAHA CREEK WATERSHED DISTRICT (MCWD) Dear Mr. Singh: Thank you for the opportunity to comment on the Minnehaha Creek Watershed District's (MCWD) draft plan amendment to its Comprehensive Water Resources Management Plan (WRMP) regarding Aquatic Invasive Species (AIS) Control and Management. Based on your cover letter, it is understood the purpose of the draft plan amendment is to describe "...specifics of a potential regulatory program. including methods of certifying watercraft and other equipment to be the placed in watershed water bodies as AIS free. " Please accept these comments for consideration on your draft plan amendment: 1, Absent from the text is a description of the known infestations in the watershed or a process to investigate and/or survey water bodies within the watershed for infestations. Has the MCWD completed aquatic invasive species survey's of water bodies within the MCWD for Eurasian Water Milfoil, curly -leaf pondweed, flowering rush, zebra mussels, hydrilla, spiny waterflea, and viral hemorrhagic septicemia? Has the MCWD identified existing infestations and/or have an understanding of infestations throughout the watershed? If not, will the MCWD develop a process or program to complete such investigations? 2. The draft plan amendment appears to impose significant regulatory measures on boats and docks at an initial cost of $ 180,000 to prevent the spread of AIS. Plymouth is concerned about the effectiveness to stop AIS transport as described in your regulatory program. Are there means of AIS transport other than boats and docks? Will imposing regulations on boats and docks stop the spread of AIS? Has the MCWD considered the possibility of AIS transport by other means such as waterfowl or those fishing from the shore using 3400 Ptyinoulh BLVd E Plymouth, Mianesota 55447-1482 • Tel: 763-509-5000 - www.ci.plymout:h.mn.us . : I.— it 0:\EngineeringlWTRRESRC\Watersheds\Minnehalia Creekldmft plan amendment - AIS.doex Page 37 contaminated bait buckets? Does the MCWD have an understanding of all modes of AIS transport? 3. The draft plan amendment appears to result in a duplication of effort and may not be a cost effective strategy for protection against AIS. The draft plan amendment should reduce the financial burden to those within the MCWD as well as recreational users of water bodies within the MCWD. The MCWD should demonstrate the draft plan amendment will be cost effective and, as stated in the text, "minimize public capital expenditures needed to correct—water .water quality problems." I look forward to your responses. If you have any questions on these comments, please feel free to contact me directly at 763-509-5526. Sincerely, Derek Asche Water Resources Manager Cc: Brad Wozney, Minnesota Board of Water and Soil Resources Laurie Ahrens, City Manager Doran Cote, Director of Public Works Lee I{eeley, MCWD Board of Managers O:\Engineering\WTRRES RC\Watershedslhl innehaha Creekldraft plan amendment- AIS.docx Page 38