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Council Information Memorandum 04-29-2011
CITY OF PLYMOUTH rp) COUNCIL INFO MEMO April 29, 2011 UPCOMING MEETINGS AND EVENTS Notice of Quorum, 05/01/11 Adopt a Street......................................................................................... Page 1 How to Access Clean Water Land and Legacy Act Funds Seminars, May 10, 11, 16, 18, 25 ............. Page 2 Notice of Quorum, 05/05/11 Four Seasons Mall Market Study Public Meeting ................................. Page 3 Public Hearing for Minnehaha Creek WSD Stormwater Management & Administrative Rules, 05/05/11 (See Attachments below for further information)........................................................................... Page 4 Public Open House for Bassett Creek Regional Trail 06/14/11........................................................... Page 5 May, June, July 2011 Official City Meeting Calendars...................................................................... Page 7 Tentative List of Agenda Items for Future City Council Meetings ................................................... Page 10 INFORMATION News Articles, Releases, Publications, Etc ... Plymouth to celebrate National Senior Health & Fitness Day, News Release .................................. Page 11 Waters senior complex headed for Plymouth, Article, Star Tribune .................................................. Page 12 Hot Property: Proposed Plymouth Apartments, Article, Star Tribune .............................................. Page 13 Bills aim to rein in Met Council, Article, Star Tribune...................................................................... Page 15 Hennepin County Traffic Group Begins Summer Enforcement........................................................ Page 18 I,yA A 4 0 1 z [WA121 HRA Meeting Minutes 03/24/11....................................................................................................... Page 19 Suburban Rate Authority Meeting Minutes 04/20/11........................................................................ Page 27 STAFF REPORTS Fire Dept. Fire -Rescue Incident of Interest 04/23/11......................................................................... Page 33 Interfaith Outreach and Community Partners Service Project 04/16/11 ............................................ Page 35 CORRESPONDENCE Letter from Shingle Creek WSD, RE: Development of 3rd Generation Watershed Mgmt Plan....... Page 36 Letter from CenterPoint, RE: Service work in community............................................................... Page 38 ATTACHMENTS Met Council Information on District 1, Roxanne Smith Appointment ............................................. Page 39 Minnehaha Creek WSD Public Hearing 05/05/11 Information......................................................... Page 50 NOTICE OF EVENT PLYMOUTH COUNCILMEMBERS IN ATTENDANCE City of Plymouth Environmental Quality Commission Is Participating in Plymouth's Adopt a Street Program Sunday, May 1, 2011,12:00 p.m. Dunkirk Lane between Co. Road 6 and Co. Road 24 This is not an Official City Meeting and no business will be conducted, but a quorum of members may be in attendance. The group will be assembling in the parking lot at Fire Station 3. The event is hereby noticed and open to the public. Please call 763-509-5000 for further information regarding this event. Sandy Engdahl, MMC City Clerk Posted on April 22, 2011. Page 1 EMBRACE- 0 P E N B P A CRACKING THE FUNDING NUT: HOW TO ACCESS CLEAN WATER LAND AND LEGACY ACT FUNDS Funding new park and natural area projects is increasingly challenging given local finances. In this workshop you'll receive "how to" guidance that your community can use to access funding under the Clean Water Land and Legacy Act. Learn how to apply for grants to support your natural area protection and restoration goals, parks projects, and water duality protection projects. Minnesotans want to see tangible outcomes that create a legacy - this workshop will improve the odds that the new funds find their way to your community, your region, and your partnerships. SIGN UP NOW — RSVP to Meg.Shoemaker@tpl.org or 651-999--5313 TUESDAY, MAY 10, 4 — 6 PM North Branch Area Library 6355 379th St. North Branch, MN 55056 WEDNESDAY, MAY 11, 4 — 6 PM Black Bear Crossings on the Lake Como Lakeside Pavilion 1360 North Lexington Parkway St. Paul, MN 55103 MONDAY, MAY 16, 4 — 6 PM Lebanon Dills Regional Park Visitor Center - Discovery Room f FplwwlI Eagan MN 55123 WEDNESDAY, MAY 18, 4 — 6 PM McColl Pond Environmental Learning Center 13550 Dakota Ave. Savage, MN 55378 WEDNESDAY, MAY 25, 4 — 6 PM Monticello Community Center Boom Island Room 505 Walnut #4 Monticello, MN 55362 C EI`�ED APR 2 2 2011 EMBRACE OPEN SPACE is a collaborative that serves as a catalyst for greater citizen and elected leadership to conserve and steward natural areas and parks, lakes and rivers in the eleven -county Twin Cities area. Lead funding for Embrace Open Space is generously provided by the McKnight Foundation. page 2 NOTICE OF EVENT PLYMOUTH COUNCILMEMBERS IN ATTENDANCE Public Information Meeting Four Seasons Mall Market Study May 5, 2011, 6;00 p.m. -9;00 p.m. (Presentations at 6:00 p.m. and 7.45 p.m.) Plymouth Creek Center 1480034 1h Ave. No. This is not an Official City Meeting and no business will be conducted, but a quorum of members may be in attendance. The event is hereby noticed and open to the public. Please call 763-509-5080 for further information regarding this event. Sandy Engdahl, MMC City Clerk Posted on April 27, 2011. Page 3 MINNEHAHA CREEK The Minnehoho Creek Watershed District is committed to a leadership role in protecting, improving and managing the surface waters and affiliated groundwater resources within the District, including their relationships to the ecosystems of which they are an integral part. We achieve our mission through regulation, capital projects, education, cooperative endeavors, and other programs based on sound science, innovative thinking, an infoimed and engaged constituency, and the cost effective use of public funds I WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE April 19, 2011 V�D Laurie Ahrens City Manager LAAPR 2 Y011City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Re: May 5, 2011 Public Hearing for Stormwater Management and Administrative Rules Dear Ms. Ahrens, On April 8, 2011, following the conclusion of the public comment period for the Stormwater Management and Administrative rules, the Minnchalta Creel: Watershed District (MCWD) distributed a letter describing proposed changes to the rules in an effort to address comments that were submitted. The rules have been revised and are attached for your review. On April 14, 2011, the MCWD Board of Managers reviewed and discussed the latest revisions and scheduled a public hearing to provide stakeholders with another opportunity for input on the draft rules prior to their adoption. The Public Hearing will be held at 7 PM on Thursday, May 5, 2011 at the MCWD Offices, located at 18202 Minnetonka Blvd, Deephaven, MN, 55391. Enclosed with this letter please find: Stormwater Management Rule (latest revisions redlined) Administrative Rules (latest revisions redlined) Electronic copies of this information can also be found on the MCWD website at Naivw.minnehahacreek.org. The public hearing is the last step in an extensive public process to ensure that these rule revisions protect the region's water resources and all voices are heard. We have appreciated and listened carefully to input we've received so far, and are confident the final rules will address community concerns and remain true to our water duality goals. For questions in advance of the May 5, 2011 public hearing, please contact: MCWD Planner James Wisker at Jwiskertcc ininnehahacreek. org or 952-+541-4509 Page 4 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: April 28, 2011 FROM: Diane Evans, Superintendent of Recreation SUBJECT: Information Regarding Bassett Creek Regional Trail (map attached) Bassett Creek Regional Trail (Three Rivers Park District) A public open house has been set to review the proposed Bassett Creek Regional Trail route (attached), provide information on trail operations, maintenance, appearance and master plan schedule and collect feedback/comments. June 14, 20111 City of Crystal - Community Room (4141 Douglas Dr. N., Crystal, MN) 4:00 P.M.- 7:00 P.M. Tentatively, the master plan schedule will be as follows: May -July 2011: Master plan document preparation June 14, 2011: Public open house - receive feedback/comments July -August 2011: 30 -day master plan public comment period September -November 2011: Adjacent jurisdiction review and presentation per request (park/rec advisory boards, city councils etc.) December 2011: Met Council submission for review and approval pending any significant changes Annie Rexine, Three Rivers Park District Planner is coordinating this project. If you have questions or comments prior to the open house, please feel free to contact her at your convenience at arexine@threeriversparkdistrict.ore or 763.694.1103. Page 5 Bassett Creek Regional Trail - Proposed Route Mitt, plepaled by TRlee Arvess pals 01!1,10 plannnlq and Oevcinpnlent • AR App iT 20 11 Thin G15 NU Ia pl W.d "as h dh,10 waIM119 el ally rep.asnialbh or a—la[y.Mm.11n.4a be completeness The user acsnowkdges .snd acrepn sx Imt 11... en the Gau WI.,h.v in. W1 that Me WI—do..— hd Ism a c—tam stale or nmmtenanc. cn wlmh. mhd update A& NORTH 0 0.25 0.5 1 1,5 2 Miles Page 6 r� Plymouth Adding Quality to Life May 2011 1 2 3 4 5 6 7 7:00 PM Cancelled HUMAN RIGHTS PLANNING COMMITTEE COMMISSION MEETING MEETING Medicine Lake Room Council Chambers 8 9 10 5:00 PM 11 12 5:30-8:00 PM 13 4 SPECIAL COUNCIL 7:00 PM ENVIRONMENTAL MEETING ENVIRONMENTAL QUALITY FAIR Medicine Lake Room QUALITY Zachary Lane Discuss Future of COMMITTEE Elementary School Park System (EQC) MEETING 7:00 PM 7:06 PM Council Chambers PARK rtREC REGULAR COUNCIL ADVISORY COMMISSION MEETING (PRAC) MEETING Council Chambers Parkers Lake RQam 15 16 17 18 19 20 21 6;00 PM 7:00 PM WALK PLANNING 7:30 AM -2:00 PM WITH THE MAYOR COMMISSION SPECIAL Plymouth MEETING DROP OFF DAY Creek Center Council Chambers Plymouth Maintenance Facility 22 23 24 25 26 27 28 7:00 PM 7:00 PM 7:00 PM PLYMOUTH HRA MEETING REGULAR COUNCIL ADVISORY Parkers Lake Room MEETING COMMITTEE ON Council Chambers TRANSIT (PACT) MEETING Medicine Lake Room 29 30 mim 31 MEMORIAL DAY Observed CITY OFFICES CLOSED Modified on 04129111 Page 7 r�Plymouth Adding Qualify to Life June 2011 Modified on 041291 it Page 8 1 7.00 PM 2 3 4 PLANNING COMMISSION MEETING Medicine Lake Room 5 6 7 $ 9 1[} 11 7:00 PM 7:00 PM ENVIRONMENTAL PARK Et REC QUALITY ADVISORY COMMITTEE COMMISSION (EQC) MEETING (PRAC) MEETING Parkers Lake Room Plymouth Creek Center 12 13 14 15 7:00 PM 16 17 18 7:00 PM REGULAR COUNCIL PLANNING MEE'T'ING COMMISSION Medicine Lake Room MEETING Medicine Lake Room 19 20 21 22 23 24 2 5 7:00 PM s:oo AM HRA MEETING MUSIC IN Parkers Lake Room PLYMOUTH 5K RUN Hilde Performance Center 26 27 28 29 30 7:00 PM 5:00 PM REGULAR COUNCIL MUSIC IN MEETING PLYMOUTH Medicine Lake Room Hilde Performance Center Modified on 041291 it Page 8 r� Plymouth Adding Quality to Life July 2011 Modified on 04/29/11 Page 9 1 2 3 4 5 6 7:00 PM 7 8 9 PLANNING COMMISSION INDEPENDENCE INDEPENDENCE DAY MEETING DAY OBSERVED Medicine Lake Room CITY OFFICES CLOSED 10 11 12 7:00 PM 13 7:00 PM 14 15 16 REGULAR ENVIRONMENTAL COUNCIL MEETING QUALITY Medicine Lake Room COMMITTEE (EQC) MEETING Parkers Lake Room 17 18 19 20 7:00 PM 21 22 23 PLANNING COMMISSION MEETING Medicine Lake Room 24 25 26 7:00 PM 27 7:00 PM 28 7:00 PM 29 30 REGULAR PLYMOUTH HRA MEETING COUNCIL MEETING ADVISORY Parkers take Room Medicine Lake Room COMMITTEE ON TRANSIT (PACT) MEETING Parkers Lake Room Modified on 04/29/11 Page 9 Tentative Schedule for City Council Agenda Items May 10, Special, 5:00 p.m., Medicine Labe Room • Discuss future of park system May 10, Regular, 7:00 p.m., Council Chambers • Announce Special Recycling Drop Off Event on May 21 at the Maintenance Facility • Announce Environmental Quality Fair on May 12 • Proclaim May 27 as "Arbor Day" • Receive Police Department Annual Report • Receive 2012 Suburban Rate Authority Budget • Announce "Step Up" Challenge May 9 -June 5 • Announce "Walk with the Mayor" on May 16 at the Plymouth Creek Center • Approve Grant Agreement with Minnesota Department of Health for Wellhead Protection Efforts • Declare costs to be assessed and Set Assessment Hearing for 2010 Street Reconstruction Project (10001) • Award contract for 2011 Crack Repair Program (11009) • Approve "No Parking" on a section of Watertower Circle, west of Annapolis Lane • Project Hearing for Lancaster Lane Mill and Overlay and Watermain Replacement Project (11010) • Approve Utility Installation Agreement for right-of-way adjacent to Steeple Hill, extending to property at the southeast corner of Dunkirk and County Road 47. (Gonyea Cotnpan�v — 01009) • Award Contract for Annapolis Lane Street Reconstruction Project (11002) • Approve grant application to Hennepin County for a Waste Abatement Incentive Grant to enhance recycling at multi -family buildings May 24, Regular, 7:00 p.m., Council Chambers June 14, Regular, 7:00 p.m., Council Chambers • Announce 5K Run on June 25 and Music in Plymouth on June 29 June 28, Regular, 7:00 p.m., Council Chambers July 12, Regular, 7:00 p.m., Council Chambers July 26, Regular, 7:00 p.m., Council Chambers August 9, Regular, 7:00 p.m., Council Chambers August 23, Regular, 7:00 p.m., Council Chambers Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 10 City of Plymouth News Release For Immediate Release April 28, 2011 Contact: Sara Mittelstaedt 763-509-5282 Plymouth to Celebrate National Senior Health & Fitness Day with Activity -Filled Program at Plymouth Creek Center Plymouth, MN — Plymouth will mark National Senior Health & Fitness Day on Wed., May 25, 8:45 a.m. — 3 p.m., at Plymouth Creek Center, 14800 34th Ave. N., with a program packed with speakers and an array of activities aimed at promoting healthy lifestyles for people age 55 plus. Registration is required. The day will include a scenic walk through Plymouth Creek Park and the Millennium Garden, some friendly bocce ball competition, a lunch buffet from Qdoba and presentations. Speakers will focus on protecting yourself from fraud and home fire safety. Attendees will hear from Mediator Lindsay LaVoie of the State Attorney General Office's Division of Consumer Services. LaVoie will speak on consumer fraud and crimes against seniors. A second session, presented by Plymouth Fire Captain Tom Evenson, will focus on 911 and fire safety in the home. This is the first year that Plymouth Creek Center has been designated an official site for National Senior Health & Fitness Day, according to Sara Mittelstaedt, senior program coordinator. Plymouth's participation in the event will place it in a network of more than 1,000 sites nationally celebrating senior fitness and health. "Ours is a wonderful opportunity for seniors to make, renew and revitalize their commitment to live healthier lives through better health, fitness and safety," said Mittelstaedt. National Senior Health & Fitness Day is aimed at promoting active, healthy lifestyles through physical fitness, good nutrition and preventive care. Register Now The registration deadline is May 1 S. Cost is $8 per person. To register, call 763-509-5280. Page 11 Format Dynamics:: Dell Viewer StarTribune Waters senior complex headed for Plymouth Article by: , Star Tribune Updated: April 27, 2011 - 9:07 PM Crews are planning to break ground this fall on the Waters Senior Living complex in Plymouth, pending city approvals. The 90 -unit assisted -living facility will be on the southwest corner of County Road 73 and Hwy. 55 and is being developed by the Waters Senior Living, a joint venture of Minnetonka -based Shelter Corp. and Tealwood Care Centers in Bloomington. The senior apartments, expected to open next year, are part of a $20 million redevelopment project that Minnetonka - based developer Oppidan Inc. announced Wednesday. The project will also include a McDonald's and four acres for future business development. Oppidan is talking to a variety of prospective users for remaining portions of the eight -acre project, said Paul Tucci, Oppidan's vice president of development. Advertisement This Page Cannot Be Displayed Pagel of 2 The land being developed is part of 20 acres, including a wetlands area, that Oppidan is buying from Minnwest Bank, Tucci said. The land went back to the bank after a previous development failed, he said. Oppidan has signed a purchase agreement and expects to close on the deal by the end of the summer. The Shelter-Tealwood joint venture is buying three of the acres from Oppidan for the Waters. The apartment complex is one of several senior housing developments that the Waters Senior Living is developing in the Twin Cities. It has nine senior facilities in the Twin Cities and is completing another, the Waters of Minnehaha in south Minneapolis, that's scheduled to open June 1. "There is a high demand within the next two to five years for these types of services," said Shelter Corp. President Kyle Didier. Monthly rents for one -bedroom units in the Plymouth apartments would range from $2,500 to $3,500 depending on the level of assistance desired, he said. The building will also have some memory care units, which will be more expensive. Jennifer Bjorhus • 612-673-4683 Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesota_star_tribune_dp_print/NEWS_;FD_PAGE_NUMBER=1;dcopt=ist; has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5380 ( helpdesk@ci.plymouth.mn.us ) and provide the codes shown below. Print Powered By AFory-nat:Djrnamic!s Page 12 http://www.startribune.com/templates/fdcp?unique=1304017692686 4/28/2011 Format Dynamics:: Dell Viewer StarTribune Hot Property: Proposed Plymouth Apartments Updated: April 24, 2011 - 3:07 PM PROPOSED PLYMOUTH APARTMENTS SW. corner, Hwys. 169 and 55, Plymouth Type: Multifamily/ Rental apartments Units: 157 Lot size: 4.3 acres Height: Five stories Cost: $28 million Developer: Quest Development Details: A proposal from local commercial real estate firm Quest Development to construct a 157 -unit apartment building in Plymouth passed a key hurdle this month when city officials granted a series of approvals as well as $2.5 million in tax increment financing for the project. Jim Waters of Quest Development, which Advertisement This Page Cannot Be Displayed Page 1 of 2 owns several office, medical and retail buildings around the Twin Cities, wants to build a high-density apartment building on a parcel that has a lengthy history of failed redevelopment proposals. Known as the Brown's Market site, the spot on the southwest corner of Hwys. 169 and 55 was once slated to be the home of a Candlewood Suites extended stay hotel, which was begun there but then abandoned. Despite concerns over increased traffic and the density of proposal (estimated at 36.2 units per gross acre), the Plymouth City Council voted 5-2 at its April 12 meeting to create a new TIF district for it. Waters said the city assistance was necessary in order to include 64 units of affordable "workforce" housing as well as to help acquire and prepare the site and to provide sufficient underground parking on the tight lot. Under the TIF, up to $2.5 million of increased property taxes generated because of the improvements on the site will be "captured" and given to the developer as a "pay-as-you-go" note. In his efforts to launch the project, Waters has also indicated he will be seeking dollars Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesotastartribunedpprint/BUSINESSWAND_FINANCE_;FD_PAGE_NI has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5380 ( helpdesk@ci.pllymouth.mn.us ) and provide the codes shown below. Print Powered ayrr'i`�a'tCiYra�rv�ir Pae 13 http://www.startribune.com/templates/fdcp?unique=1303763701751 /25/2011 Format Dynamics:: Dell Viewer StarTribune in the form of the sale of low-income housing tax credits and deferred financing from the Minnesota Housing Finance Agency (MHFA) and Hennepin County. The project's primary form of financing would come through the issuance of tax-exempt housing revenue bonds, either through the city, the MHFA or Hennepin County. Plymouth officials at the same meeting also approved a planned unit development measure, a rezoning request and a change to the city's comprehensive plan to accommodate the project, citing the inability of past developers to turn the strategically located site into townhouses, a hotel, a retail center or condominiums. The building's market -rate units are projected to rent for between $1.50 and $1.70 per square foot. They are designed to appeal to young professionals who come to Plymouth to work for such area employers as General Mills, Allianz and Target, and who are waiting longer to buy a house because of the collapse of home values. Another targeted group is empty -nesters from the Plymouth area who would like to stay there rather than move to an urban core such as downtown Minneapolis, Waters says. Advertisement This Page Cannot Be Displayed Page 2 of 2 DON JACOBSON Don Jacobson, a freelance writer based in St. Paul, can be contacted at hotproperty. startribune@gmail.com. Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesota_star_tribune_ dp_print/BUSINESSAND_FINANCE;FDPAGE_Ni has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5388 ( he[pdesk@ci.pllymouth.mn.us ) and provide the codes shown below. Print Powered By i Fol rnatDVnamics, Pae 14 http://www.startribune.com/templates/fdcp?unique=1303763701751 /25/2011 Format Dynamics:: Dell Viewer StarTribune Bills aim to rein in Met Council Article by: , Star Tribune Updated: April 25, 2011 - 8:50 AM Seeking to overhaul decades of Twin Cities government, key legislators are pushing to strip the Metropolitan Council of its authority over transportation planning and hand it over to a group dominated by local elected officials. The initiative surfaces as southern suburbs frustrated with the Met Council's power demand a greater role over decisions involving highways, bridges and transit in their communities. "The Met Council is not elected," Sen. Claire Robling, R -Jordan, told a legislative committee recently. "The elected officials should really have the final say." The dispute exposes a larger fight over how to spend limited transportation funds in the seven -county metro area. Growing suburbs want money for highway expansion projects and balk at the council's emphasis on maintenance and transit. Advertisement This Page Cannot Be Displayed Page 1 of 3 Twin proposals in the House and Senate also reflect the longstanding irritation of some GOP legislators with the power of an agency whose 17 members are appointed by the governor. It oversees Twin Cities wastewater treatment, low-income housing and parks, as well as transportation planning. In opposing the overhaul, newly appointed Met Council Chair Susan Haigh said that her agency develops plans with "a lot of local perspective" from elected officials, and that most of them support the agency. Both bills would scrap a system in statute since 1975, replacing a transportation advisory board to the Met Council with a panel that would take over transportation planning. Proponents say the measures are the first part of what could be a lengthy effort to change the Met Council. The initiative stems from complaints by Scott County that the Met Council sidestepped local officials on the advisory board last year in developing long-range plans for transportation projects. "We didn't see it at the start, didn't see it at the middle, didn't see it at the end," said Scott County Commissioner Jon Ulrich. Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesota_star_tribunedpprint/NEWS_;FD_PAGE_NUMBER=1;dcopt=ist; has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5380 ( helpdesk(cci.Plymouth. mn.us ) and provide the codes shown below. Print Powered By t iForrnatlDy7arrr`rtcsr t Pae 15 http://www.startribune.com/templates/fdcp?unique= 1303763743248 4/25/2011 Format Dynamics :: Dell Viewer StarTribune Scott County officials say their interests in a new "high-water" bridge across the Minnesota River and a major reconstruction of the Interstate 35W and 494 interchange were virtually ignored. "The new plan ... says we can't even think about doing those kinds of projects, we d on't have the money for them," Ulrich said. Spending in outlying suburban counties took a back seat to spending on expressway toll lanes and transit in the inner core, said Lisa Freese, transportation program manager for Scott County. "They have a very focused policy plan that works well inside the beltway but not well outside the beltway," Freese said. "Essentially ... they have said, 'We're not going to have any major projects ever again."' Haigh called that view "quite an overstatement" and said the transportation plan has strong support from suburban officials outside of Scott County. "I can understand why Scott County people would be more interested in expansion than preservation, because they are a growth - oriented county," she said. Advertisement This Page Cannot Be Displayed Page 2 of 3 She defended the agency's priorities at a time when transportation planners face large shortfalls in funding. "This will be a critical issue ... how do you allocate scarce resources?" she asked. "You really want to be focusing on ... preserving and improving the existing transportation." The Minnesota Department of Transportation has said that only a fraction of perhaps $40 billion needed for projects will be available in the next 20 years. Support beyond Scott County The moves to overhaul the agency by Robling and Rep. Michael Beard, R -Shakopee, have some support beyond Scott County. "I think there's a lot of merit to what Beard is talking about," said Bill Hargis, former mayor of east suburban Woodbury and chair of the board that advises the Met Council. While the advisory board signed off on the council's transportation plan last year, Hargis said some board members joined Scott County officials in demanding more influence over decisions. The legislation would replace the 33 -person Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesota_star_tribune_dp_print/NEWS_;FD_PAGE_NUMBER=2;dcopt= has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5380 ( helpdeskCa ci.pllymouth.mn.us ) and provide the codes shown below. Print Powered By U � F FOrr� ®Yqa! 151 http://www.startribune.com/templates/fdcp?unique=1303763743248 Pa/ 5/011 Format Dynamics :: Dell Viewer StarTrolbune Transportation Advisory Board with a new 24 -person panel that would assume the Met C ouncil`s authority over long-range plans. Seventeen of the 24 would be elected officials from cities and counties. Auditor also seeks reforms A Senate committee is expected to hear the legislation on Wednesday. The effort to curtail the Met Council's power got a boost this year when the Legislative Auditor criticized Twin Cities transportation planning. Legislative Auditor Jim Nobles in January reported that the Twin Cities lacked a well- planned transit system. His audit placed most of the blame on the Met Council, saying it "lacks adequate credibility and accountability." "Reform is needed," Nobles said. 'Reform will not be easy to accomplish." Beard, chairman of the House Transportation Policy and Finance Committee, sees the legislation as the first step in a larger effort to overhaul the Met Council that will pick up steam next year. That will include the council's management Advertisement This Page Cannot Be Displayed Page 3 of 3 of parks and housing. "The larger discussion goes to the very existence of everything the Met Council has become," Beard said. "As long as I've lived in Minnesota ... there's been the gnashing of the teeth about the Met Council being appointed rather than elected," Hargis said. Pat Doyle . 612-673-4504 Based on your corporate access policies, access to this web site ( http://ad.doubleclick.net/adi/minnesota_star_tribune_dp_print/NEWS_;FD_PAGE_NUMBER=3;dcopt= has been blocked because the web category "Advertisements & Popups" is not allowed. If you have questions, please contact IT Helpdesk at ext. 5380 ( helpdesk@ci.plymouth.mn.us ) and provide the codes shown below. Print powered By�nZ, Pa http://www.starbribune.coin/templates/fdcp?unique=1303763743248 4/25/2011 Hennepin County Traffic Group Begins Summer Enforcement Posted Date: 4/18/2011 The Hennepin County Traffic Enforcement Group will begin enforcement activities in May 2011. The group is a consortium of agencies throughout Hennepin County that participate in "hi -visibility enforcement details." Enforcement events are scheduled throughout the ��TiiTuF��I The agencies, and communities these law enforcement agencies represent, have worked together to identify traffic patterns, crash patterns, crime data, and problems within their communities that will benefit from an increased police and traffic safety presence. Events will saturate target areas with officers from around the county for each event. The public will notice officers from outside the jurisdiction working arm -in -arm with each other, for events scheduled throughout the summer. Studies have proven that high visibility traffic enforcement helps reduce crashes, crime problems, and increases public awareness about traffic safety. This initiative is the first time officers in Hennepin County have worked together on a regional, county -wide basis, to target community -driven enforcement activities. Participating agencies include: Bloomington Police Corcoran Police Crystal Police Edina Police Golden Valley Police Hopkins Police Maple Grove Police Medina Police Minneapolis Police Minnetonka Police Plymouth Police Richfield Police Robbinsdale Police Hennepin County Sheriffs Office Minnesota State Patrol The first event is scheduled for Minneapolis, on Friday, May 6. More information can be obtained by contacting Sgt. Chuck Gollop, Bloomington Police Department at 952-563-8602. Page 18 APPROVED MINUTES PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY MARCH 24, 2011 PRESENT: Chairman Jeff Kulaszewicz, Commissioners Paul Caryotakis, Bob Stein and Jim Willis ABSENT: Commissioner David Miller STAFF PRESENT: Housing Program Manager Jim Barnes and Office Support Specialist Laurie Lokken OTHERS PRESENT: Grace Management Representative Jody Boedigheimer 1. CALL TO ORDER Chairman Kulaszewicz called the Plymouth Housing and Redevelopment Authority meeting to order at 7:00 P.M. Chairman Kulaszewicz asked that an additional item be added to the agenda. He asked that Housing Program Manager Barnes give a basic outline of Hennepin County programs that are used in conjunction with HRA programs. Housing Program Manager Barnes added the item under New Business, item 3. D. 2. CONSENT AGENDA A. Approve HRA Meeting Minutes from February 24, 2011. B. Plymouth Towne Square. Accept February 2011 housing report. C. Vicksburg Crossing. Accept February 2011 housing report. MOTION by Commissioner Willis, seconded by Commissioner Caryotakis, to approve the consent agenda. Vote. 4 Ayes. MOTION approved unanimously. 3. NEW BUSINESS A. Vicksburg Crossing. February 2011 Marketing Report. Grace Management Representative Boedigheimer reported that two deposits have been received for affordable units with scheduled move in dates at the end of April. She said there was a lot of response from the Plymouth News article at both locations. She said that she reviewed eight applications for Plymouth Towne Square; unfortunately, most applications were for one bedrooms when applications for two bedrooms are what is needed. She said that there were three showings over the weekend at Vicksburg Crossing. She said that a few people that called Page 19 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 2 ended up going over to Plymouth Towne Square because of the affordable rate there. She said that an Open House is scheduled for the evening of April 12th. She said that even though the projected number of units is down, we are generating revenue because we budgeted to be full in the affordable units with more vacancies in the higher paying units and the reverse is occurring. Housing Program Manager Barnes said that the average rent at Plymouth Towne Square is $525 per month and rents for the affordable units at Vicksburg Crossing have been set at $730 per month. He said that the difference in rent structure is one of the reasons why we are seeing more vacancies at Vicksburg Crossing. Chairman Kulaszewicz said that there were a number of years where the waiting lists were so long. Commissioner Caryotakis said that we have two buildings that are in competition and right now there is only enough demand for Plymouth Towne Square. Housing Program Manager Barnes said that it isn't that there is more of a demand for Plymouth Towne Square but rather people are choosing to go on a wait list and live where they currently are as opposed to leasing immediately at Vicksburg Crossing. He said that they may be in a rental situation where it's less than $730 per month or they may be subsidized by some other housing program. Grace Management Representative Boedigheimer added that there have been a number of applicants who have rents that are below $400 per month and who may be subsidized. She said there were several applicants that are in their own homes and may or may not have to sell them. She said that it makes a difference in calculating the rent at Plymouth Towne Square for an applicant with higher income and no assets versus an applicant with a lot of assets and lower monthly income. B. Plymouth Towne Square & Vicksburg Crossing Resident Surveys. Commissioner Willis asked about the comment made about the grounds maintenance working privately for the manager. Grace Management Representative Boedigheimer responded that the independent contractor employed to mow the lawn and plow the driveway also had a private contract with the former manager for her private residence while her husband was ill. She added that this same person wrote the comment about how the landscape company doesn't know what they are doing and that they are terrible. Commissioner Willis asked about comments made about garage door openers and how long people stay with residents. He asked if there is a policy of permitting other people to use garage parking. Housing Program Manager Barnes replied that we have never allowed other people to rent out a parking stall or park in the garage. He said that up until two months ago, we used to allow family members who were continually picking up/dropping off their parents and bringing supplies to them to have a garage door opener where they could come in, out of the elements, to load/unload. He said that policy was being abused. He said there was a five to ten minute parking requirement where they were allowed to park and they were parking there for an hour to two hours at a time. He said that this caused problems for our maintenance staff. He said that this survey was completed prior to this change. Page 20 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 3 Commissioner Willis asked about the comment for dog accidents in the hall and elevator. Grace Management Representative Boedigheimer responded that a policy could be set where they would be required to carry their pet outside or put them in a wagon or something. Commissioner Willis asked if there is an extra surcharge to have a pet. Housing Program Manager Barnes replied that there is a pet deposit of $250. Grace Management Representative Boedigheimer added that there isn't a monthly fee. Commissioner Willis asked if pets are limited to dogs and cats. Housing Program Manager Barnes responded that they are not and that birds are included. Conunissioner Stein asked if the size of dogs is limited. Housing Program Manager Barnes replied that they are limited to 25 pounds or less. Grace Management Representative Boedigheimer added that she estimates that there are about six dogs at Vicksburg Crossing and four dogs at Plymouth Towne Square. She said that Plymouth Towne Square has more cats with approximately eight or nine. Commissioner Willis said that he understood why somebody would like a pet; however, it's the issue of the care of them from a sanitation standpoint. He said that it is not appropriate if the pet is a dog and it makes noise, which disturbs others in the building. Grace Management Representative Boedigheimer responded that if a complaint is received, the resident is notified and after two complaints they have to do something to alleviate the complaint, which could include getting rid of the pet. She said that this has happened in the past. Commissioner Stein asked if the $250 pet deposit is enough. Grace Management Representative Boedigheimer replied that there is also a $ 500 damage deposit that covers replacement of items that are beyond normal wear and tear and they would be billed if the cost was greater than their deposits. Conunissioner Stein asked about a comment that transportation is not available and if the residents are aware of Dial -A -Ride. Grace Management Representative Boedigheimer responded that there are notices posted and that a reminder is included in the newsletter to residents from time to time. She said that this resident is looking for us to provide them with transportation. Chairman Kulaszewicz asked when an HRA meeting had last been held at the facility and if residents have suggested that they meet there again. Housing Program Manager Barnes responded that they met at Vicksburg Crossing two years ago. Grace Management Representative Boedigheimer added that residents always enjoy when they meet at their facility but it's not first on their mind to get them there to hear their requests. She said that there are newer residents now who want to participate and volunteer so residents who have been there three to four years are stepping aside. She said that there is not a resident council at Vicksburg Crossing and there has been no interest expressed in having one. Chairman Kulaszewicz asked if there have been any more requests received from residents to enhance their stay there. Housing Program Manager Barnes replied that there are always requests coming from residents. He said that one request is to address the "wind tunnel" effect Page 21 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 4 on the patio. He said it would be very expensive for us to try to address this issue. He said that there are other legitimate requests and we keep a list of them so that when this building starts financially performing, we can consider addressing these issues. He said that for this year at Vicksburg Crossing, we are looking at putting a handicap button on the garage service door into the elevator lobby. He said that from time to time, residents have expressed an interest in storage units. He said that there is not enough storage in the units themselves at that building. He said that for future marketability, we are working with the building department to approve some form of storage design in one of the downstairs maintenance rooms for a reasonable cost that we could rent out. He said that we would need an upfront outlay of money to get them built and then over time, we would make that money back. Chairman Kulaszewicz stated that would enhance the property. Commissioner Willis asked if there is storage in the basement area, off the garage. Housing Program Manager Barnes responded that there is not. He said that there are some individual rooms on each floor but there are not nearly enough. He said that some of the units, for whatever reason in their design, did not have a lot of extra storage. He said that the walk-through closets were intended to be great for storage but that they are being used more as a regular closet. Grace Management Representative Boedigheimer added that one of the biggest problems is that the apartments that have the least amount of storage are the biggest, most expensive units. She said that there are only 26 or 27 storage spaces on the three floors. She said that they counted and ranked which units are the worst and there are close to 60 units that do not have adequate storage. Commissioner Stein asked if there is room for storage in front of parking stalls in the garage. Housing Program Manager Barnes replied that there is. He said that a type of prefabricated unit that could be installed to the walls has been priced out at $60,000 for all of the stalls. Housing Program Manager Barnes responded to Commissioner Stein that we have 70 parking stalls. He added that these are prefab lockers that are all mesh, which are required by the building department. He said that the bid received was for 3 feet by 4 feet units. Commissioner Stein requested that a copy of this bid be sent to him. Housing Program Manager Baines confirmed for Commissioner Stein that the building's occupancy designation does not allow for the underground garage to be used for any storage. He said that it is an issue that the building department is trying to look at to allow something that is noncombustible and mesh/opened so that if something were to ever start on fire, the sprinkler systems could put them out. Grace Management Representative Boedigheimer added that they did not know how well those storage units would work. She said that if a resident had that designated parking spot, they would get that storage space; however, that may not be the resident that needs the storage. Commissioner Willis suggested that they could rent storage space separate from the car space. Chairman Kulaszewicz suggested that they could set up options for renting car spaces with and without storage units or for storage units that may be allowed to be created in a maintenance room. Page 22 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 5 Commissioner Stein asked if there is adequate storage at Plymouth Towne Square. Grace Management Representative Boedigheimer replied that they do have one locker per apartment. Commissioner Caryotakis suggested that for $60,000, they could build a separate building for storage. Commissioner Caryotakis asked about comments that were made about smoking and how we are doing with the non-smoking policy. Grace Management Representative Boedigheimer responded that we are fine in the buildings. She said that it has been reported that at Plymouth Towne Square there are visitors who might smoke in their car. She said that our grounds became smoke free on January 1 st. She said that when it thaws enough, signs will be put up at parking lot and sidewalk locations. Chairman Kulaszewicz stated that he thought all city property was designated smoke free. Housing Program Manager Barnes said that he believes it is just city parks. Grace Management Representative Boedigheimer reminded Commissioner Stein that it was decided to make the whole property smoke free. She provided an overview of the current policy. Commissioner Caryotakis stated that we want stability in our tenant base. Housing Program Manager Barnes said that the reason behind making the entire campus smoke free was that many other communities, nation wide, are going that route as well. He said that a lot of people were not adhering to the 25 feet from an entrance door policy. Chairman Kulaszewicz asked if there is a garden spot at Vicksburg Crossing. Grace Management Representative Boedigheimer confirmed that there is and that they love it. She said that both properties have garden plots and depending on how many residents are interested, depends on what size plot they end up getting. Commissioner Stein asked if there are ever complaints of stealing. Grace Management Representative Boedigheimer replied that does come up but that residents usually share their crops. C. PIymouth Towne Square & Vicksburg Crossing Wait Lists. Housing Program Manager Barnes gave an overview of staff report. Commissioner Willis asked if any of the preferences were written by the HRA. Housing Program Manager Barnes responded that they all are. He said that we have to be careful that our preferences do not violate any fair housing laws. He said that when they were created, it was difficult to have preferences because HUD viewed that as somewhat discriminatory because the population of Plymouth is predominately white. He said that HUD would have made the argument that we were discriminating if we only had preferences that said they had to be a resident of Plymouth. He said that it has not been an issue and it has become less and less of an issue with the new census as the city is becoming more diverse. Page 23 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 6 Chairman Kulaszewicz asked that if the applicant is required to be 55, does that mean that the other residents of the unit can be under 55 (such as, can you have your granddaughter move in with you). Housing Program Manager Barnes responded that a grandchild cannot move in and that is a policy the Board has made. He said that you actually could under the federal statute that governs this; however, for consistency reasons, the HRA chose to say that everybody had to be at least 55 years of age or older. He said that way we wouldn't have issues of adult children living with them. He said that it was more for continuity of administering the buildings. Chairman Kulaszewicz asked what would happen if you were a 60 year old applicant with a 54 year old spouse. Housing Program Manager Barnes replied that they would need to come back when both spouses are at least 55 years of age. He said that has not been an issue for leasing units but it would be brought back to the Board about changing that if it did become an issue. Commissioner Stein asked if background checks are completed on felons. Housing Program Manager Barnes confirmed that we do background checks. Grace Management Representative Boedigheimer added that Plymouth has crime -free housing with pretty stringent requirements. Housing Program Manager Barnes said that it is modeled after the Section 8 rules and regulations. Commissioner Willis stated that is important for the rest of the tenancy. He said it is designed to protect the greater community good in this particular managed property. Chairman Kulaszewicz asked how rules are written for a situation like an 80 year old parent with a 50 year old handicapped person living with them. Housing Program Manager Barnes replied that under the federal guidelines they could live there but it's a specific building choice whether you want to designate that everyone in the building has to be 55 years of age or older or not. Chairman Kulaszewicz asked how the rules would be written then to keep out the grandchildren living with the grandparents. Housing Program Manager Barnes responded that we simply state that all residents must be 55 years of age or older in our admissions and occupancy handbook. He said that we are allowed to do that under the federal regulations. He said that federal regulations state that at least 80% of your units need to be rented to persons that are 55 years of age or older so you could have, in concept, a mixed age building. He said you could lease to families under the age of 55 as long as you had a certain percentage that are 55 years of age or older. Commissioner Willis added that was an original requirement by the city when Plymouth Towne Square was being promoted and developed. He said that the rates are so heavily subsidized that we figured they would be lower income people. He said that parents of children who lived here became empty -nesters and didn't have much in assets. He said that it is about a $2,500 per unit subsidy that is paid for by the city taxpayers. Chairman Kulaszewicz stated that trying to make an exception for some certain situation would hinder the entire concept. Commissioner Caryotakis stated that the goal here in setting up these lists is to make sure that we have an applicant pool to draw from in order to quickly fill any vacancies. He said that we have Page 24 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 7 changed strategies over time, depending on supply and demand. He said that in some cases we have had too many people apply and we restricted the lists. He said now we have a lot of people for the one -bedroom units at Plymouth Towne Square but not quite enough on the list for the two-bedroom units. Grace Management Representative Boedigheimer said that is because of our occupancy standards. She said that we require two people to live in a two bedroom at Plymouth Towne Square or they pay the full market rent. Grace Management Representative Boedigheimer confirmed for Commissioner Stein that an internal waiting list will always take preference over going to the external waiting list. She said that there is not currently an internal waiting list. Commissioner Stein asked if any of the people that came before the Board last year regarding rent increases had moved to a one -bedroom unit or inquired about the possibility. Housing Program Manager Barnes stated that the residents know that they can request an internal move and they have chosen not to move from a two- bedroom to a one -bedroom to lower their rent. Commissioner Stein stated that was really interesting. Housing Program Manager Barnes stated that a name can come up three times and then they are off the list but that does not stop them from reapplying. He said the current policy is that after three strikes, a name is moved to the bottom of their category list. Commissioner Willis stated that he appreciated the report and that it was very informative. D. Hennepin County Programs. Housing Program Manager Barnes stated that once a year, Hennepin County sends the city and HRA a letter restating the fact that we have a cooperation agreement to allow the county to offer all of their housing and economic development programs within our city. He said that it is an ongoing cooperation agreement that doesn't expire unless one party elects to end the agreement. He said that they just notify us that it is our annual renewal so that we don't have to go through creating a new cooperation agreement every year. Housing Program Manager Barnes stated that it gives them permission to be able to offer their programs in Plymouth, such as, an owner occupied rehabilitation program, lead abatement programs that we can piggyback onto our rehab program, an accessible ramp program, affordable housing incentive fund program, the HOME federal housing program, an environmental clean up fund, some economic development funds and a bond fund. Commissioner Caryotakis asked if we periodically refer residents to the county for these programs. Housing Program Manager Barnes responded that we do. He said that we do not have a lot for economic development, so we do refer them over to the county or see if the state has a program that will work for their particular situation. He said that from time to time, we will work with the county on their rehab programs and he participates on both of their selection committees for their affordable housing fund and their HOME program. Page 25 Approved Plymouth Housing and Redevelopment Authority March 24, 2011 Page 8 4. OLD BUSINESS A. Election of Officers. Chairman, Vice Chairman, Secretary. Housing Program Manager Barnes reported that he received an email from Commissioner Miller stating his support for Jeff Kulaszewicz as Chairman and that he would be willing to serve as Secretary. Commissioner Stein nominated Commissioner Kulaszewicz as Chairman. MOTION by Commissioner Caryotakis, seconded by Commissioner Willis, to approve Commissioner Kulaszewicz as Chairman. Vote. 4 Ayes. MOTION approved unanimously. Commissioner Stein nominated Commissioner Caryotakis as Vice Chairman. MOTION by Commissioner Stein, seconded by Commissioner Willis, to approve Commissioner Caryotakis as Vice Chairman. Vote. 4 Ayes. MOTION approved unanimously. Chairman Kulaszewicz nominated Commissioner Miller as Secretary. MOTION by Chairman Kulaszewicz, seconded by Commissioner Willis, to approve Commissioner Miller as Secretary. Vote. 4 Ayes. MOTION approved unanimously. 5. ADJOURNMENT MOTION by Commissioner Stein, seconded by Commissioner Caryotakis to adjourn the meeting at 8:00 p.m. Page 26 MINUTES OF THE QUARTERLY MEETING OF THE SUBURBAN RATE AUTHORITY April 20, 2011 Pursuant to due call and notice, the quarterly meeting of the Suburban Rate Authority was held at the Bloomington Civic Plaza, 1800 West Old Shakopee Road, Bloomington, Minnesota on April 20, 2011 commencing at 11:30 a.m. 1. CALL TO ORDER: Executive Committee Chair Dick Riemenschneider called the meeting to order. 2. ROLL CALL: Bloomington Jim Gates Circle Pines Jim Keinath Eden Prairie Gene Dietz Edina John Wallin Fridley Jim Kosluchar Golden Valley Jeff Oliver Lauderdale Heather Butkowski Maple Plain John Sweeney Maplewood John Nephew Minnetonka Desyl Peterson Plymouth Doran Cote Robbinsdale Richard McCoy Roseville Duane Schwartz Woodbury Dick Riemenschneider Also present was legal counsel for the SRA, James Strommen. It was determined that a quorum of votes was present for the Board to transact business. 3. APPROVAL OF MINUTES: Ms. Peterson moved approval of the annual meeting minutes, having been previously circulated. The motion was seconded by Mr. Gates and passed unanimously. 4. REPORTS OF OFFICERS. Mr. Wallin gave the Treasurer's report. He circulated the financial position of the SRA as of March 31, 2011 (available upon request). Mr. Wallin also sought a recommendation for the retention of an auditing firm for the audit of the SRA activities in 2010. MMKR has performed auditing services for the SRA for the last several years and is familiar with audits for municipalities and joint powers organizations under Minnesota law. NL\IKR's proposed fee was $3,400, which Mr. Wallin noted was $150 higher than last year's fee. The Board agreed that the action to approve Mr. Wallin's recommendation would be handled in the claims 385340vi JMS SU160-3 Page 27 portion of the meeting. Mr. Gates moved to accept the Treasurer's report. Mr. Keinath seconded the motion which passed unanimously. 5. COMMUNICATIONS: Mr. Strommen stated that he had received inquiries from representatives of two former SRA members, the City of Richfield and City of Columbia Heights. A public works staff member of the City of Richfield requested information regarding the SRA's recent accomplishments and assessment costs. Mr. Strommen provided those materials. He reported that his follow-up attempts with the staff member have not resulted in any further information on progress or interest in rejoining. Mr. Strommen also reported that Bruce Nawrocki, a former long time SRA delegate, contacted him about the City of Columbia Heights reconsideration of membership. Mr. Strommen provided information to Mr. Nawrocki, who indicated he would raise the issue of membership with the City Council. 6. XCEL ELECTRIC RATE CASE: Mr. Strommen reported that the SRA has negotiated a favorable agreement from Xcel as reported in the memorandum previously circulated. Xcel has proposed to merge the municipal pumping energy rate into the general services rate, which results in a 0.232 cents per KWH increase in small pumping rates. SRA member representatives in the public works departments have reported that such a change has a negligible impact on municipal utility rates. On the other hand, the large pumping station demand charge results in a significant cost saving to municipalities, when compared to the general commercial demand charge. Xcel is not proposing a change in municipal demand rates in this proceeding. Mr. Strommen reported that he has negotiated an agreement with Xcel that it will not propose any change in the large pumping municipal demand formula at least through the next rate case, in exchange for the SRA's acceptance of the pumping energy proposal in this proceeding. This probably preserves the favorable demand formula at least until January, 2018, given the intervals between rate cases. The Board expressed its approval for this settlement, which will also save SRA costs in the ongoing rate proceeding. Mr. Strommen reported that the primary dispute will be Xcel's petitioned $198,000,000 annual increase in revenues and the Minnesota Department of Commerce's proposal that the increase be reduced to an $82,000,000 increase. This is a difference between a 7.4% Xcel-proposed increase (graduated over two years) and a 3.4% increase as proposed by the Department. A large industrial customer group is also seeking a change in depreciation rates that would lower Xcel's requested increase. The SRA will be monitoring developments in the rate case. 7. STREETLIGHTING CREDITS OFFERING/TARIlT AMENDMENTS. Mr. Strommen reported on the slow "progress" in Xcel's implementation of the streetlighting credits owing for late outage repairs and pending modifications in the tariff to allow for a more reader friendly, clearly stated set of contract terms in streetlighting services. Mr. Strommen pointed out that it was one year ago this quarterly meeting that the SRA approved the streetlighting late repair credit compromise. Xcel has not moved forward to finalize that credit and has tied its implementation of the outage repair credit to completion of the tariff amendment language. Yet Xcel has moved very slowly and conservatively on SRA -proposed tariff changes. Ms. Peterson moved that the SRA's legal counsel be authorized to seek formal supervision by the PUC to expedite this process if Xcel continues to delay and fails to complete an acceptable tariff modification within a reasonable time. Mr. Dietz seconded the motion which passed unanimously. 385340vl JMS SU160-3 2 Page 28 8. JOINT POWERS ROW MANAGEMENT LANGUAGE: Mr. Strommen referred the Board to the memorandum previously circulated with language that could be used in joint city - county projects where city project work will occur in a county road (e.g. water and sewer). Mr. Strommen reported on the status of Qwest's challenge to the City of Inver Grove Heights on a project where the city installed water and sewer facilities in a county right-of-way and exercised right-of-way management authority in that work. Qwest has challenged the City's authority in that case, but has been dismissed from federal court in the matter. Qwest is currently making the same claims in Dakota County District Court. The proposed language has been shared with county public works and can be used as a mutual delegation of right-of-way management powers. 9. QWEST-CENTURYLINK PUC PROCEEDING: Mr. Strommen referred the Board to Mr. Vose's memorandum summarizing the successful inclusion of SRA infrastructure investment requests in the merger documents between Qwest and CenturyLink. The PUC approved the merger. 10. HLAWATHA LINE PROCEEDING: Mr. Strommen reported on the status of the Hiawatha Line Certificate of Need proceeding regarding a proposed transmission line or lines in South Minneapolis. Eventually the PUC will decide whether the lines should be installed underground, which will have rate implications to suburban ratepayers, as well as to future transmission and distribution line proceedings in suburban areas. In January, the SRA Board authorized the formation of a committee to discuss policy issues arising out of the Hiawatha Line proceeding. Mr. Strommen reported that on April Sffi the committee met and discussed the issues that will eventually invite an SRA position. Mr. Strommen had circulated to the committee, but not the Board, an April 11, 2011 memorandum summarizing the consensus of the committee to that point. Two issues were identified in the memorandum (available upon request) and were discussed at the board meeting. a. Should the Hiawatha Line as an underground line be deemed a "standard" facility or "special" facility? The committee recommends supporting the position that an underground line under these circumstances should be standard. b. If the PUC regards an underground transmission line as a special facility and therefore allocates a surcharge for the additional costs of undergrounding, should the SRA support the inclusion of a ratepayer group larger than City of Minneapolis rate- payers? The Committee recommends establishing policy for a larger surcharge group than the city because the benefitting persons are not limited to residents and businesses of the immediate area. The Board carried on a lengthy discussion regarding the above issues and noted the complexity in applying criteria to the positions. It was noted that with large transmission lines before the PUC, that it may be appropriate to argue that a PUC decision allowing underground should necessarily mean that it is a standard facility. Otherwise, the city seeking the underground may modify its decision if the surcharge is excessive to city ratepayers. The April 11'' memorandum lists the criteria that have been entered into the record regarding undergrounding as a standard or special facility. It was noted that density of population should not be the only criteria and that a lower threshold than the very high density present in the Hiawatha Line be considered for underground as 385340v1 JMS SU160-3 3 Page 29 standard line. It was noted that persons benefitting from the underground lines could be from areas not served by the utility, as well as be difficult to locate. It was further noted that there are benefits to the city in which the undergrounded lines are located in the form of more revenues from more valuable development due to underground lines. Mr. Strommen stated that no decision from the Board was necessary at this time. The committee will continue to meet and farther discuss the issue as the Certificate of Need proceeds. While the Board did not act on the committee recommendations, there was no objection to the tentative recommendations above. 11. PUC FRANCHISE FEE FILING: Mr. Strommen explained that utilities throughout the State have been inconsistent in their notice to customers and handling of franchise fees on the bills. As a result, the PUC has stepped in and issued an order (provided in the meeting materials) that requires certain notices from the utilities and a 60 -day filing notice to the PUC when a city is imposing a franchise fee. At SRA and utility requests, a 90 -day proposal was reduced to 60 days to conform to the typical period of time franchise ordinances allow utilities to implement new franchise fees after the city council approves the fee ordinance. This PUC order should not have a negative impact on city implementation of franchise fees and Mr. Strommen reported that the PUC acknowledged that utilities owe cities franchise fees directly, rather than merely as a conduit to collect from customers. Mr. Strommen pointed out that CenterPoint and Xcel's description of utility obligations regarding franchise fees is inaccurate in their glossary of bill terms sent out to customers. They both state that municipalities "require" utilities to collect fees from their customers. Mr. Strommen pointed out that an accurate description, and one more favorable to cities, is that utilities are "allowed" by the PUC to collect franchise fees from customers. Mr. Kosluchar moved to allow legal counsel to send a letter to the PUC in the pending bill notice process pointing out the inaccuracy. Ms. Peterson seconded the motion which passed unanimously. 12. FRONTIER RELOCATION PROPOSAL: Mr. Strornmen referred the Board to the memorandum pointing out that Frontier Communications attempted to insert into its tariff a requirement that cities reimburse the company its relocation costs for public projects. This is clearly in violation of the law and the SRA objected to it. As a result, Frontier withdrew the proposal. The City of Mound is served by Frontier. 13. PROPOSED 2012 SRA BUDGET: After the budget was discussed, Ms. Peterson pointed out that the projected expenses for the Xcel Electric Case will be reduced because of the settlement reached (as discussed above). Mr. Strommen acknowledged that, noting that the numbers were inserted prior to the finalizing of the recent agreement with Xcel on municipal pumping rates. Mr. Strommen reduced the anticipated 2012 expenses by $5,000 in the Xcel Electric Case. Mr. Keinath moved to recommend adoption at the July meeting of the proposed budged, as modified. Mr. Gates seconded the motion. Attached to these minutes is the recommended 2012 budget with the reduced anticipated 2012 expenses. 3853340v1 7MS SU160-3 4 Page 30 14. ROSEVILLE CUSTOMER REQUEST IN ELECTRIC RATE CASE: Mr. Strommen reported that a resident of the City of Roseville contacted the City regarding a problem with a long history of electric outages in the area of the City he resides. He appeared at the public hearing portion of the Xcel Electric Case. Mr. Strommen reported that he spoke with this man. The request is for better and more specific information regarding outages in particular areas of the City. Xcel is now required under a PUC program know as SAIDI to report on service performance generally over the course of a year. The specific information on city by city basis, however, is apparently not available. The Board agreed that this was a legitimate request and Mr. Strommen noted that he will make the information requests of Xcel for this type of information and the availability of it. If Xcel does not make it available, SRA will find out how it can be made available. 15. ACKNOWLEDGMENT OF GENE DIETZ CONTRIBUTIONS TO THE SRA: Mr. Dietz noted that he is retiring in May of this year. The Board acknowledged his many years of active participation in the SRA as delegate of the City of Eden Prairie and thanked him for his important contributions to the SRA, including serving as a Chair of the Executive Committee. The Board wishes him well in his retirement. 16. LOCATION OF JULY MEETING: Ms. Peterson offered the City of Minnetonka offices as the site of the July quarterly meeting, July 20, 2011. 17. CLAIMS: Having been previously circulated, the current bill of Kennedy & Graven was $14,247.00. At the January meeting, the Board had approved the Kennedy & Graven invoice but deferred payment of $12,326.40. Ms. Peterson brought a motion to approve both the retention of MMKR as auditors for the fee of $3,400.00 and for the current claims of Kennedy & Graven. Mr. Nephew seconded the motion which passed unanimously. 18. ADJOURNMENT. The meeting adjourned at 1:15 p.m. Attest: Chairman Secretary 385340v1 JMS SU160-3 5 Page 31 Assets: PROPOSED 2012 BUDGET SUBURBAN RATE AUTHORITY 2011 Cash and Investments (12/3 1/10) $ 6,276.00 Membership Assessments - 2011 $ 70,400.00 TOTAL 116&76.00 Anticipated 2011 Expenses: Street Lighting Issues 3,000.00 2010 Xcel Electric Rate Case 15,000.00 Hiawatha Line Proceedings 25,000.00 Qwest -Century Link Matters 4,000.00 General (incl. costs and disbursements, insurance, audits, etc.) 23,000.00 TOTAL ($70,000.00) Estimated Reserve at December 31 2011: 6 676.00 Assets: 2012 Carryover from 2011 $ 6,676.00 Membership Assessments - 2012J $70,800.00 TOTAL $77,476.00 Anticipated 2012 Exnenses Xcel Electric Rate Case $ 5,000.00 Hiawatha Line Proceedings $ 20,000.00 Franchise/ROW Issues $ 10,000.00 General Matters (incl. costs and disbursements) $ 24,000.00 TOTAL ($ 59,000.00) Estimated Reserve at December 31, 2012: $18,476.00 This is calculated at $400 per vote based on 27 members as per 2010 U. S. Census (attached). 3853400 IMS SU160-3 Page 32 ALYMOU�� MINNESOTA -4, FIRE FIRE -RESCUE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: April 23, 2011 TIME: 4:20 a.m. ADDRESS: 3905 Lancaster Lane. DETAILS: Plymouth Fire Department was paged to a reported apartment fire with smoke visible on the 2°d and 3`d floor. While enroute, Hennepin County Dispatch updated the fire department that there were reports of people trapped and unable to exit their apartments due to smoke conditions. Police arrived and confirmed heavy smoke and fire on the 2 d floor in the stairwell and landing area. West Metro Chief 31 arrived and assumed initial command. L-21 (Friske, Nordby,Jaeger, Jurek, Marti., Olson) arrived and reported to the 2'„ d floor of the A -B stairwell to investigate. Chief 2 (Springer) arrived and took command, and West Metro Chief 31 assummed Interior Division. Active fire was found on the landing of the 2nd floor and was extinguished with a water extinguisher. West Metro Aerial 11 arrived and assisted with rescue of tenants from the 2"d and 3`d floor balconies. Additional units arrived and assisted with ventilation of entire apartment structure. Although the fire was relatively small in size, the accelerant used to start the fire created heavy smoke conditions that delayed the evacuation of tenants. The fire was contained to the 2nd floor stairwell. There were no firefighter or civilian injuries. This call occurred during Non Duty Crew hours of operation. RESPONSE TIME: 10 minutes ON -SCENE FIREFIGHTERS: 44 INCIDENT CONTROL TIMES: From Dispatch: 15 min. From Arrival: 5 min. FIRE ORIGIN/CAUSE: Arson ESTIMATED FIRE LOSS: $30,000.00 P.F.D. RESPONDING UNITS: ASSISTING AGENCIES: Engine Companies: E-21 EMS: Yes Ladder Companies: L-21, L-31, TW -11 Red Cross: No Support Units: Salvation Army. No Rescue Companies: R-11, R-31 HCFIT: No Chief Officers: C-2, C-3, WM C-31 State FM: Yes Mutual Aid: West Metro, Golden Valley CERT — No Brooklyn Park, Robbinsdale, Brooklyn Center INCIDENT MANAGEMENT: Plymouth Chief 2 (Command), West Metro Chief 31 (Interior), Plymouth Chief 3 (Accountability) Plymouth Lieutenant 32 (Ventilation) Page 33 Page 34 Interfaith Outreach and Community Partners Teen Volunteer Service Project Earlier this year, Mayor Kelli Slavik made a presentation to IOCP's teen Leadership and Activities Club and inspired them to do a service project to remove invasive species. From that call to action, 21 students plus three adults from IOCP and the Three Rivers Park District spent an afternoon removing buckthorn and picking up trash at the edge of the creek at Parker's Lake Playfield on Saturday, April 16, under the direction of Paul Buck, City Forester. Together the volunteers contributed 36 hours of service, and from the photos, had a good time while doing it. Mayor Slavik sent them a letter of thanks to acknowledge their hard work and service to the City Page 3 5 Shin reek April 22, 2011 Watershed Management Commission 1J wis . siss 3235 Fernbrook Lane N • Plymouth, MN 55447 Tel: 763.553.1 144 • Fax: 763.553.4326 Email; iudieRass.biz • Website: www.shinglecreek.org City Managers via USPS City Clerks via USPS Technical Advisory Committee Members via email Member Cities Shingle Creek/West Mississippi Watershed Management Commissions Hennepin County, Minnesota Gentlemen and Ladies: LA'C P T TJD PR 2 5 2 The Shingle Creek and West Mississippi Watershed Management Commissions have initiated development of their joint Third Generation Watershed Management Plan, State statute requires that watershed plans be updated at a minimum of every ten years and the Commissions' joint Second Generation Watershed Management Plan expires at the end of 2012. Our goal is to have a draft of the plan completed by the end of 2011 for city, agency, and public review in 2012. The watershed planning process is governed by state statute and rule. The state agency responsible for planning oversight is the Board of Water and Soil Resources (BWSR). BWSR and state regulations require that this planning process be completed in an open manner, with robust opportunities for public input. As joint powers organizations, it is essential that city technical and management staff and City Councils participate in the planning process as well. This will result in a plan to meet both regulatory and member city needs in a cost-effective manner. To that end, the Commissions, with BWSR approval, have developed a public input process. This letter provides an overview of the process and requests some actions from you as follows: Instead of establishing a separate watershed -wide Citizens Advisory Committee specifically for this plan, we think it would be more efficient and provide for a broader representation of views if each Cit} charges one of its existing citizen acHsorj, commissions to provide review and input at key steps along the way. City staff and/or watershed commissioners will facilitate discussion, and the Commissions will provide presentation and handout materials for city use. It is expected that this input would be requested at least three times: early in the plan development; midway as the implementation and education and outreach plans are being developed; and prior to approving the final draft of the plan. Ifpossihle, this input process ccnr he inemporated into the advisory commission's regular ineeting schedide. The Commissions request that each city designate a citizens advisory commission to provide review and input on the watershed management plan. Please provide the Commissions' administrator, Judie Anderson, with the name of the commission, a schedule of their regular meetings for the balance of 2011, and the appropriate contact person. We'd like that first meeting to occur by the end of May 2011. Brooklyn Center • Brooklyn Park • Champlin • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale Page 36 April 22, 2011 Page 2 2. This summer the Shingle Creek Commission will host a Lake Association Summit to obtain review and input from lakeshore property owners. More information will be forthcoming as the summit is organized. 3. City managers and their staff will be invited to participate in a Forum midway through the planning process, approximately June or July 2011, to discuss goals, policies, and financing. Additional meetings may be scheduled as the group desires. Judie Anderson will be in contact with City Managers' offices to check calendars. 4, Presentations and handouts will be posted on the Commissions' website and the public will be encouraged to submit comments. We will be creating a Management Plan page on the wyriv.shinglecreek.org website and will ask that each member city provide a link to that page on its website. 5. Periodic shorl news updates will be submitted to cities for their use on websites and in city newsletters and to the local press. These will be available on the Commissions' website and cities are free to use them in whatever way works for them. Please be sure that Judie Anderson has up to date contact emails so this information gets to the right person. 6. We will be using the free online tool Sul -vel• .11onkev to periodically obtain public input at the beginning, middle, and end of the planning process. Questions will focus on identifying issues. evaluating and providing input on management goals, and prioritizing potential actions. We will ask that as each survey comes out you post its availability on your city's website and encourage the general public and the City Council, city staff, and advisory commission members to respond to the surveys. 7. As part of a larger, ongoing effort to increase awareness of the watershed commissions and the projects the cities are undertaking, we will be working with local cable TV and the cities to prepare short videos highlighting construction projects, monitoring, and other topics of interest. These will be available on YouTube, with links posted on the Commissions' website. Again, we would ask that you post information about the videos and links on your websites. Thank you for your time and attention. We look forward to working, with you this year on the Third Generation Watershed Management flan. If you have any questions please feel free to contact Judie Anderson. the Commissions' administrator, at judie:�jass.biz or 763-553-1144. ++ Sincerely, Tina Carstens, Chair Brooklyn Park Representative Cc: Commissioners I via email Z:6hinele Creek N,lanasernentPlanffhird Generation Planl>_-cities re public input process,doc Page 37 CCenterPoint., Energy April 19, 201 1 Ms. Laurie Ahrens Plymouth - City Manager 3400 Plymouth Blvd Plymouth, MN 55447-1448 Dear Ms. Ahrens: APR $ 2 2011 800 LaSalle Avenue PQ Box 59038 Minneapolis, MN 55459-0038 Personnel authorized by CenterPoint Energy will be working in your community throughout the year repairing and replacing pipeline markers. Since pipelines are buried underground, line markers are used to indicate their approximate location to prevent third party damage Froin excavation and to provide useful information to area emergency responders. The markers can be found where a pipeline intersects a road, railway line, in areas where the pipeline is changing directions or other significant points along the pipeline. The markers display the material transported in the line, the name of the pipeline operator, and a telephone number where the operator can be reached in the event of an emergency. It is important the markers are not tampered with or removed. In addition, pipeline right-of-ways must be kept free from structures and other obstructions to provide access to the pipeline for maintenance and in the event of an emergency. If a pipeline crosses public or private property, trees or high shrubs cannot be planted in the right-of-way. In addition, do not dig, 'build, store or place anything on or near the right-of-ways without first having the pipeline marked and the right- of-ways staked. Anytime you are planning to dig, please call 811 to have the pipelines marked with paint and flags. Additionally, if you witness suspicious activity on a pipeline right -or -way, please report it to the authorities, or call your local CenterPoint Energy emergency number. Sincerely, Roger Brandel Area Manager 763-754-4184 roger.brandelfc CenterPointEnergy.com Page 38 it Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 www.metrocouncii.org Roxanne Smith Metropolitan Council Member, District Roxanne Smith was appointed to the Metropolitan Council by Gov. Mark Dayton in March 2011. Smith represents District 1, which includes the Hennepin County cities of Champlin, Corcoran, Dayton, Greenfield, Independence, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Plymouth, and Rogers, and the town of Hassan. Smith is the Director of Social Justice Ministry at St. Joseph the Worker parish in Maple Grove. She oversees the coordination of social justice ministries for the parish of 2,500 families, develops and mentors leaders both inside and outside the parish, and builds relationships with other congregational leaders to effect systemic change. Previously she served as an accountant for Cargill. As a Council member, Smith serves on the Community Development and Transportation committees. Smith said that one of the top issues facing the region is "closing the racial and economic gaps that have harmed our communities for too long." "The Met Council can play a significant role in ensuring that our state creates opportunities for everyone," Smith said. "We need to find ways to ensure that the benefits of public works projects are equitably distributed so that everyone benefits from the increased wealth created by major housing, transportation and commercial projects." Smith serves or has served on the board of several I organizations. She is currently co-chair of the Clerg7 Leaders Planning Table for ISAIAH, and a founder ar of Housing for All, a community-based coalition adv housing for people of moderate and low incomes in suburbs of Hennepin County. Smith lives in Champli husband, Gerry. They have two grown sons. To contact Smith, you may call 763-232-6774, or email roxanne.smith@metc.state.mn.us a y , o County Boundary ----- Municipal Boundary — InterstaWMajor Highway Road Council District t Page 39 Metropolitan Council District:1 2411 Briefing Sheet: Roxanne Regional Park System Smith Description of Program I investments within Distric _ The Minnesota Legislature created the regional park system in 1974. Currently the system that is open for public use encompasses 54,633 acres, and is composed of 39 regional parks, 12 park reserves, 7 special recreation features, and 38 regional trails that total 231 miles. The system units are owned and operated by ten implementing park agencies -Anoka, Carver, Dakota, Ramsey, Scott and Washington Counties; the cities of St. Paul and Bloomington; Three Rivers Park District; and the Minneapolis Park and Recreation Board. The Metropolitan Council is responsible for long-range planning of the system to meet the future needs of the region, reviewing park master plans and managing the Capital Improvements Program (CIP). Additionally, the Council uses its local bonding authority to help fund the CIP. The regional park system is very popular, with over 38 million visits in 2009. The State has historically been the primary funding source for capital improvements in the regional park system, with over $353 million granted since the system's inception in 1974. The Council is also a significant funding source, with over $172 million granted since 1974. Currently, for every $1 the state grants in bonds towards capital improvements in the Council's regional parks CIP, the Council matches an additional $0.67. Other State appropriations to the Council, which includes 90% of the appropriation from the constitutionally dedicated Parks and Trails Fund, ear -marked State bond appropriations, plus over $128 million of General Fund and Lottery in Lieu of Sales Tax appropriations from 1985 to 2010 that help partially fund park system operations and maintenance costs pass through the Council to park agencies as directed by law. $48,788,000 There are 12 regional park and trail system units within the district. In addition to the regional park system resources within the district, Council research indicates that people are willing to drive up to 20 minutes away from their home to routinely visit other regional park system units. Since 1974 (the beginning of the Regional Park System), the State has granted $25,916,000 and the Council $22,872,000 for regional park system capital improvements within District 1. a 3A M V- J rrt� t ��11� ��nAt II111rI# v+.* I�NA, �v4 Regional Recreation Open Space System Metropolitan Council District 1 +a P� I I GteenFe:a I' HENNEPIN !rM�Pan�erce a�dovcr ' Co M �ry�it! yej " Anaka Cc6,. ss .591, i Hassan Rrn]�rs ayrpn I ANOKA r D Corcoran I fl Maole Grove C,reek n d� o B,00kty ll Park 0 11 1 3 4 5 5 8 9 10 Miles Regional Parks State and Federal Land Existing Regional Parks w>th Federal Master Plan Boundaries Existing Regional Park Reserves State with Master Plan Boundaries Existing State gall Spenal Recreation Features Flanned Regional Parks with Approved Boundaries (not yet open for user Major Roads and Highways Regional Trails Existing --- Planned (within five years .•..,. Proposed (beyond five years} I ikrxr,:tifedina � F � 3 . f r+ar Crjssai ..; .i •� ��� I CG/ton•E. French Fi mc.uth r 1 r;obbi6sdale �YJalsfeld Vidads JNA . ' Long _Wood -Rill SN.AJ""iLakre' � 'rare Trac to ; 7 - o . `q 0 , 1ins - 'Ai Crona NayzaCa L { _. 0 11 1 3 4 5 5 8 9 10 Miles Regional Parks State and Federal Land Existing Regional Parks w>th Federal Master Plan Boundaries Existing Regional Park Reserves State with Master Plan Boundaries Existing State gall Spenal Recreation Features Flanned Regional Parks with Approved Boundaries (not yet open for user Major Roads and Highways Regional Trails Existing --- Planned (within five years .•..,. Proposed (beyond five years} Metropolitan Council 2011 Briefing Sheet: Environmental Services The Metropolitan Council Environmental Services (MCES) is one of three divisions of the Metropolitan Council. MCES collects and treats wastewater at its eight regional treatment plants and develops plans to preserve and manage the region's water resources. Operating at 100 percent compliance with their permit requirements, the treatment plants process 250 million gallons of wastewater every day from more than 2.7 million residents. Over 650 miles of large sewer pipes collect wastewater from 105 communities. $970,585 Grant and Assistance Programs — a total of 5 local grants were awarded in the district under the MCES Twin Cities Water Quality Initiative (TCQI) Grant Program and the MetroEnvironment Partnership (MEP) Grant Program. In addition, there were 7 county grants and 3 areawide grants that included the district. The amount of these grants totaled $776,909. There were 5 communities within the district that received grants under the MCES' Infiltration/inflow (Ill) Program. The total assistance under this program is $193,675. District: 1 Roxanne Smith $47,369,465 Wastewater Facilities — there are over 34 miles of interceptors, 5 lift stations, 12 meter stations, and a septage site located within the district. Flow from the district is conveyed to the MCES' Blue Lake Plant (District 4), Metro Plant (District 13) and to the Rogers Plant located in the district. Other — there are 10 lake monitoring sites and river monitoring site located within the district. $5309000,000 The proposed MCES 2011-2016 Capital Improvement Program (CIP) — The CIP includes 5 major projects that are all or partially located in the district: Elm Creek Interceptor, Blue Lake System Improvements, Northwest Interceptor Improvements, Golden Valley Area Improvements and Crow River Water Reclamation Plant. In addition to major projects, there may also be some other systemwide improvement projects in the district. This would include interceptor rehabilition and lining projects; interceptor system standby power improvement projects; meter improvement projects; security improvements; and other small miscellaneous projects (SSIPs). Further information on all of the MCES capital projects can id on the Metropolitian Council's Intranet )://environment/TechSvsfTechSvsEngSvs/ Planning/2011 cip/overview.asp it Metropolitan Council Page 42 Metropolitan Council Environmental Services Metropolitan Council District I 40*4ys wpdr231-er hl -w R-,jds ^eisst Ramsey ht:ks ANOKA C 3ntlov2: I li w C� j Water Quality Monitoring Sites, 2410 9 Meters 0 CMW.RrVnr A l.'ar2r ReNXVion Pi- nL f I CoMey '••+ 1 �/ ,; -1 ".:7F a l O Daytonr• Strearrrs • f4t-S MCnstoring - t_. Regulators F cher y'NortlPwes! , ' lnPerceplcr :00 8Z3 dam, _ llnRlUYBrrrCn(5 Za"]f l` Streams - Watershed Outlet Monitoring a I%enial �i_� ' Hassan Twp - Hanover 90 -482 L -mid Vikste Hauser r7nposal Sites ! ✓ 0004-1. 9004 J le G Financial Assistance 1 • // Rxe ' f C3sse� 2008 Foundation Grants Greenfield i � Creex nreictplur I t � P-544 W n I Siphon e 0 Srooklyn Center 1Ffem, Lr�tiG titles Ra:eraing iii Assrstanss i Medina � � , _ � �1 1-C4_ I Ardmore ` NorthaCod indep-ndenc * i ij MQ t o a9�• ; fy I Ida File Plain ,y F'lyrnouth r a , +Golden a!%yA Min ear °3Sz �flrP�k�lS�, 'Lri �i HENNEPIN.1� 1.1innetanlS3 •� _ Golden Vail dy,i� 40*4ys wpdr231-er hl -w R-,jds ^eisst Page 43 ht:ks Infrastructure Water Quality Monitoring Sites, 2410 9 Meters 0 large Rivers - Convenhional hicitioring A t.lit Sta6arts Q Strearrrs • f4t-S MCnstoring ii Regulators O Streams - Watershed Outlet Monitoring wastewater Treahnent Plants Lakes Manit —ed t20dffk L -mid Vikste Hauser r7nposal Sites Gap+tai Impmiernent?rojectAms Financial Assistance Interceptors 2008 Foundation Grants Gravity- ♦ F.aundatior+ Drain F^reernain Ser,-kx Line Siphon Lbalfatl titles Ra:eraing iii Assrstanss Low Head Crossing Page 43 Metropolitan Council 2011 Briefing Sheet: Transit The Metropolitan Council's Transportation Division consists of two operating units — Metro Transit and Metropolitan Transportation Services (MTS). Metro Transit operates regular route bus service (both local and commuter express routes) and Hiawatha light rail and contracts with BNSF Railway for operation of Northstar commuter rail. MTS includes, or provides funding for, contracted transit service inciuding Metro Mobility, Transit Link dial -a -ride, and contracted regular routes; the suburban transit providers; and regional transportation planning (both highways and transit). Overall, transit operations are funded 61% by state general funds and motor vehicle sales tax revenues, 26% from passenger fares, 8% from federal revenues, and 5% from other sources including Transitway operating revenues from the Counties Transit Improvement Board (CTIB). However, the percentages vary depending on the type of transit service, i.e. regular route service receives 30% from fares while Metro Mobility fares provide 14% of funding. Transit capital is funded primarily from a combination of federal grants and property tax -supported regional bonds. Region -wide transit provided nearly 89 million rides in 2009; this is a decline of 6.2% from 2008, due to the economic recession, but is a 10% increase over the past five years. 80% of riders are going to or from work/ school. During 2010 demand for regional transit service grew once again. Regional bus ridership increased 0.7%, Hiawatha light rail ridership increased 5.8%, and Metro Mobility ridership increased 4.1% during the first half of 2010 compared to first half of 2009. Park and ride usage increased 18% between 20015 and 2010. The park and ride system includes 110 lots/ramps in the metro area with over 29,000 spaces. In 2010, one third of park and rides were near or over capacity. District: I Roxanne Smith Regular Route Transit Provider(s): Maple Grove, MTS, Metro Transit, Plymouth Regular routes operating in this district: 675 717 740 741 742 747 766 767 771 772 774 776 777 780 781 782 783 784 787 788 789 790 791 793 795 Total 2009 ridership of these route(s): 2,173,883 Total 2009 cost of route(s): $11,283,057 Transit Link service area(s): Hennepin *Estimated annual ridership: 38,947 *Estimated annual cost: $898,439 Americans with 'Disabilities Service Provider: Metro Mobility Certified ADA riders in this District: 976 Average cost per certified ADA rider: $ 1,500 `Late 2010 data extrapolated to estimate yearly totals JAMetropoll tan Council Page 44 0 Transit Centers --4E3-- Bus Routes Park and Rides ", Nortl's'a' Commuter Rail , ofthstar Stations Miles 0 1.25 2.5 5 Lak� and Rivers Nov. 2010 J 2� Dayton PA: jIdfdcWn _ �'sL*; s -.+ � / t �`—I -7 T Cha Wet piv6r a. p —7 r 121--af Corcoran Ceeenfia Crcslvinds Map rjr;,Nir 4 t JT 9 n A 24 4tIepke halrwea meltrofffst h -i -ate Lpji 7 Di Al S id 'T Dee Metropolitan Council Briefina Sheet: Transit $5 District: 01 Page 45 Metropolitan Council 2011 Briefing Sheet: Metr© HRA (Housing and Redevelopment Authority) The Metropolitan Council operates one of the largest housing and redevelopment authorities in the region. The Metro HRA was established by the Minnesota Legislature in 1974 to assist suburban communities in administering rent -subsidy programs. The Council's HRA currently administers ten (10) federal and state funded rent assistance programs. The programs assist nearly 7,000 low income households monthly. Rent subsidy payments totaling $50 million per year are paid by the Metro HRA directly to landlords on behalf of assisted households throughout the region. District: 1 Roxanne Smith Within District 1 there are 194 households receiving rent assistance benefits through programs administered by the Metro HRA. This represents approximately $1,501,560 being paid in federal and state rent subsidies directly to landlords each year on behalf of assisted households in this district. As shown on the map on the reverse side, the service area of the Metro HRA does not include all parts of the 7 County metropolitan area. Ten (10) other housing authorities serve specific cities and counties. The number above represents only those served by the Metro HRA. it Metropolitan Council Page 46 Twin Cities MetropoCian Area SE'C TION 8 PROGRAMS A N K A - -- _-N tM-ASH I NGTON EQUAL I OPPORTUNITY - t so=�- HEN EPI_, ` .Liss a1r CARVER K TA f 2— � ��_, �q=: s S — EI :� Twin Cities lletropolit2a Area Housing Autborities: - South St Paul NRA (661) 954.3270 Plymouth HRA LAW (763) 609.3410 St Louis Park HILA (932) 934.3$79 _ Richfield HRA ( 612) 401.9770 Dakota County CDA (631) 673-4400 Washington County HRA (631) 436-0936 Scott County HRA (992) 402-9023 Page 47 Metro HRA (631) 603.1436 Mt Paul PHA (631) 296750 I HA Minneapolis34341'I (612) •143149 0 Bloomington HRA L. (9S2) $63-8937 - South St Paul NRA (661) 954.3270 Plymouth HRA LAW (763) 609.3410 St Louis Park HILA (932) 934.3$79 _ Richfield HRA ( 612) 401.9770 Dakota County CDA (631) 673-4400 Washington County HRA (631) 436-0936 Scott County HRA (992) 402-9023 Page 47 Metropolitan Council 2011 Briefing Sheet: Livable Communities Fund District: 1 Roxanne Smith The Minnesota Legislature created the Livable Communities Act (LCA) in 1995 and established three funding accounts to enable communities throughout the region to carry out their development and redevelopment plans. The programs have leveraged billions of dollars in private and public investment while increasing jobs, affordable housing, and business growth. From 1996 through December 2010, LCA funds have resulted in overall investments in the metropolitan area of: • $79 million to clean up 1,852 acres of polluted land for redevelopment. The Tax Base Revitalization Account (TBRA) investment is expected to result in over $4 billion in private investment, more than 35,000 new or retained jobs, and an increase in annual net tax capacity of over $81 million. • $26 million to help local communities provide greater housing choices by assisting with the development of over 2,300 affordable new rental units, rehabilitation of over 2,500 affordable rental units, and construction and rehabilitation of over 900 affordable ownership units. Through Local Housing Incentives Account (LHIA) and Inclusionary Housing Account (IHA) investments, nearly $700 million in private and public money has been leveraged. • $91 million to revitalize older communities and to create new neighborhoods in developing communities with a mix of housing, jobs and services connected by a variety of transportation choices_ Funds from the Livable Communities Demonstration Account (LCDA) are expected to leverage more than $4 billion in private investment as the projects provide for greater connections between housing and mixed-use development, transit, and other public infrastructure. (Because some projects have received grants from multiple accounts, information from the accounts should not be combined or represented cumulatively). TBRA Bassett Creek Office Centre, Bassett Creek Office Centre 11, Louie's Auto Recyclers - L Louie's Auto Recyclers -11:, West $1,130,977 Railway Property I.CiI}t� Four Seasons Mall Redevelopment, Historic Village Revitalization, Loretto Downtown Redevelopment Plan, Mississippi $405,940 Crossings Transit -Oriented Development, Railway Commons, Town Center/Gravel Mining Area Planning LHU Maple Ridge Townhomes, Maple Village, Tiburon Cluster Homes Rehab, Rice Lake Townhomes, Shenandoah Woods, $2,470,000 Stone Creek Village, The Reserve, Vicksburg Commons, West View Estates District Total v y 5 Man Coundl Page 48 Twin titles Metropolitan Area Livable Communities Grants Metropolitan Council District 1 tt fteg0j!!? itaa CODUCU Green`+efd Independence , 16 141 Hassan rrr 1 l Corcoran i Ramsey I 7 Andover 1p �,-- 7 f-` �nOMa Dayton ,! 'Coon Raprafs Cn r ptrn , - ~ ~ BluoKyn Park eo 694 tap,e,�G e 66 Hope Crystal Medina / "RAn" Wale Piymo th r MledrCrne L e Aiwden Va;'ee i Orono ocimer 2010 &A,nneirista ( hrourO ( _. +4Nnnerorve Beavi Spr ng Pad T0nka,88y him rf r 4 > Demonstration ♦ Local Housing incentives St. LOWS 70aland Unnetonka _ A will f 7 * Tax Base Revitalization LAAND Page 49 AN OKA I f ' I 4 1 j WASHINGTON i HINNIPIN C l RAMSEY 81,14 i S 18CARVER 4 s 15 3 i 1 ----i ! SCOTT DAKOTA i I_ _ tt fteg0j!!? itaa CODUCU Green`+efd Independence , 16 141 Hassan rrr 1 l Corcoran i Ramsey I 7 Andover 1p �,-- 7 f-` �nOMa Dayton ,! 'Coon Raprafs Cn r ptrn , - ~ ~ BluoKyn Park eo 694 tap,e,�G e 66 Hope Crystal Medina / "RAn" Wale Piymo th r MledrCrne L e Aiwden Va;'ee i Orono ocimer 2010 &A,nneirista ( hrourO ( _. +4Nnnerorve Beavi Spr ng Pad T0nka,88y him rf r 4 > Demonstration ♦ Local Housing incentives St. LOWS 70aland Unnetonka _ A will f 7 * Tax Base Revitalization LAAND Page 49 MINNEHAHA CREEK j Th2 Mtnn2haha Creek. Yotershed District is committed to o 12od2rship role in protecting, improving and managing the sulface waters and al 1lated jr. oundwater resources v,ithin the tlistn°ct, including the,-',,- relationships he,,relationships to the ecosystems of ss hich they are an integral part. bt`e achieve our mission through regulation, capital projects, education, cooperative endeavors, and other programs based on sound science, innovotive thinking, an informed and enracad cons titraency, and the C{}St 2112cti�'e 1152 of public funds. I WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE April 19, 2011 Laurie Ahrens DECEIVED City Manager APR 2 2 Zoil City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Re: May 5, 2011 Public Hearing for Stormwater Management and Administrative Rules Dear Ms. Ahrens, On April S, 2011, following the conclusion of the public comment period for the Stormwater Management and Administrative rules, the Minnehaha Creek Watershed District (MCWD) distributed a letter describing proposed changes to the rules in an effort to address comments that were submitted. The rules have been revised and are attached for your review. On April 14, 2011, the MCWD Board of Managers reviewed and discussed the latest revisions and scheduled a public hearing to provide stakeholders with another opportunity for input on the draft rules prior to their adoption. The Public Hearing will be held at 7 PM on Thursday, May 5, 2011 at the MCWD Offices, located at 18202 Minnetonka Blvd, Deephaven, MN, 55391. Enclosed with this letter please find: Stormwater Management Rule (latest revisions redlined) Administrative Rules (latest revisions redlined) Electronic copies of this information can also be found on the MCWD website at N, AAvw.minnehahacrcck.m. The public hearing is the last step in an extensive public process to ensure that these rule revisions protect the region's water resources and all voices are heard. We have appreciated and listened carefully to input we've received so far, and are confident the final rules will address community concerns and remain true to our water quality goals. For questions in advance of the May 5, 2011 public hearing, please contact: MCWD Planner James Wisker at Jwiskcra sninnehahacreek.ora or 952-641-4509 Page 50 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS STORMWATER MANAGEMENT RULE Proposed Revisions dnn�ARril 14, 2011 DEFINITIONS: • Abstraction means permanent retention of runoff on a site through structures and practices such as infiltration, evapotranspiration, interception, and capture and reuse. See also the Abstraction Credit Schedule in Appendix A of the Stormwater Management Rule. • Design Storm refers to a storm magrvtude with a return period (T) which has the probability (I /T) of being equaled or exceeded in any given year.Tor example, a "100 -year" event at a given location has a chance of 1/100 or 0.01 or Mof being equaled or exceeded in any given year. For MCWD regulatory purposes, the rainfall depths to be used are as follows: 0 1 -year event = 2.4" in 24 hours 0 10 -year event = 4.1 " in 24 hours 0 100 -year event = 5.9" in 24 hours All rainfall depths shall use the MRCS Type 11 rainfall. distribution. • New Development means any land -disturbing activity that creates impervious surface, with the exception of Linear Transportation Projects. • Impervious refers to surfaces that are' compacted or covered with a layer of material such that it is highly resistant to infiltration of runoff including but not limited to gravel, rock, asphalt, concrete and non -pervious paver systems. • Land -disturbing activity or land disturbance means any disturbance to the ground surface that exposes soil and, through the action of wind or water, may result in soil erosion or the movement of sediment into waters, wetlands or storm sewers or onto adjacent property. Land -disturbing activity includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, filling and the storage of soil or earth materials, but does not include agricultural activity. • Linear Reconstruction Project means rebuilding a road, sidewa utili or trail within existing right-of-way, and may include an increase in the area of impervious surface. Rehm blit 4ien including mill and ever -lay, of a road, side., a or trail with4n eiiisting r4ght of way in a manner- that distHfbs and/or- r-eplaees en! the eiiisting pavement and does not iiivelve the addition of i . "ew area or- the exposure of undeflying soils is net eon—id—d � Wh ear- Reconstmetio.n. prej ect. • Linear Transportation Project means construction of new road, trail, utility, or sidewalk or reconstruction of an existing road, trail, utility. or sidewalk (see Linear Reconstruction Project). 4120/2011 10:46 AM Page 51 Meadow Condition shall be modeled using an event mean concentration of 0.04 mg/L of Total Phosphorus in runoff in accordance with the Minnesota Pollution Control Agency's Minnesota Storrnvwter klanaial and the MCWD Hydrologic, Hydraulic, and Pollutant Loading Study (HHPLS). For runoff rates, meadow condition shall be modeled using curve numbers corresponding to soil and cover types "meadow," "brush," or "woods," as appropriate, provided in Table 2-2c of the Natural Resources Conservation Service's (MRCS) Technical Release 55 (TR -- 55). • Parcel or Site means a contiguous area of land under common ownership, designated and described in official public records and separated from other lands. "Parcel" and "site" generally have equivalent meanings for purposes of these rules, and are used interchangeably in rule text. • Pervious refers to surfaces that are readily penetTated or permeated by rainfall or runoff resulting in infiltration and reduced runoff. • Redevelopment means land -disturbing activity that creates new or replaces existing impervious surface on a parcel that is fully or partially occupied by buildings and/or impervious surface with the exception of Linear Transportation Projects. 1. POLICY. It is the policy of the Board of Managers to, (a) Promote abstraction of precipitation and stormwater runoff where feasible for the purposes of improving water quality, increasing groundwater recharge, reducing flooding, and promoting the health of native and designed plant communities and landscapes; (b) Preserve, maintain and improve the aesthetic, physical, chemical and biological composition of surface waters and groundwater within the District; (c) Limit or reduce stormwater runoff from drainage within the watershed to decrease the negative effects of land -disturbing activities on surface water quality and flooding; (d) Protect and maintain existing groundwater flow, promote groundwater recharge and improve groundwater quality and aquifer protection; (e) Promote the preservation and use of native vegetation for the purpose of stormwater runoff abstraction and pollutant load reduction; (f) Promote nondegradation of water quality from new development and improvement in water quality from redevelopment; and (g) Promote the management of stormwater on site for the purposes of providing local groundwater recharge and maintaining natural hydrology. 2 Page 52 2. REGULATION. No one may create new or replace existing impervious surface or change the contours of a parcel of land in a way that affects the direction, peak rate, volume, or water duality of runoff flows from the parcel or subdivide a parcel of one acre or more in size into three or more lots without first submitting a ston-flwater management plan to the District and securing a permit from the District approving the plan. New development is subject to sections 3 and 7-11 below (see Table 2). Redevelopment is subject to sections 3-5 and 7-11 below (see Tables 3 and 4). Subdivision of land is subject to section 3-5 and 7-11, as applicable. Linear Transportation Projects are subject to sections 3 and 6-11 below (see Table 51. Activity subject to this rule on adjacent sites under common or related ownership shall be considered in the aggregate, and the requirements applicable to the activity under this rule will be determined with respect to all development that has occuiTed on the site, or on adjacent sites under common or related ownership, since the date this rule took effect (January 2005). The following activities are exempt from this Mule: (a) SINGLE FAMILY HOMES: Construction or reconstruction of a single- family home. (b) NEW DEVELOPMENT: New development for a residential, commercial, industrial or institutional use (see Table 2): (1) that will result in less than 20 percent. impervious surface over the site; or (2) on a site of less than one acre. (e) REDEVELOPMENT: Redevelopment for a residential, commercial, industrial or institutional use (see Table 23): (1) on a site that is less than five acres in size that will result in at least a ten percent reduction in impervious surface; or (2) on a site of five acres or greater where the proposed activity disturbs less than 40 percent of the site and results in at least a ten percent reduction in impervious surface. (d) LINEAR TRANSPORTATION PROJECTS: Construction of a new read r reconstruction of an existing road, trail, sidewalk, utilily. or other linear transportation project1see Table 5): (1) that will create less than 10,000 square feet of new impervious surface; or 3 Page 53 (2) for the construction of sidewalks and trails that will not exceed 12 feet in width and will be bordered on the downgradient side(s) by a pervious buffer averaging at least one-half the width of the sidewalk or trail. 3. STORMWATER MANAGEMENT PLAN GENERAL REQUIREMENTS. A stormwater management plan submitted to the District must meet the following requirements, subject to the provisions in sections 4-8: (a) PHOSPHORUS CONTROL. (1) NEW DEVELOPMENT/LINEAR TRANSPORTATION PRO.IECTS: Activity subject to this rule for new development or linear transportation projects shall result in no net increase in phosphorus loading from existing conditions, except that: i. For a parcel in existing use for row crop agriculture or feedlot, new development shall result in no net increase in phosphorus loading from the site as modeled in meadow condition. (2) REDEVELOPMENT: Phosphorus control must be provided in accordance with subsection 3(c)(2), where applicable. (b) RATE CONTROL. (1) Activity subject to this rule shall result in no net increase in the peak runoff rate for the 1-, 10- and 100 -year design storms where stormwater discharges across the downgradient site boundary, compared to the rate for the site in its existing condition, except that: i. For a parcel in use for row crop agriculture or feedlot, new development shall result in no net increase in the peak runoff rate from the site as modeled in meadow condition. (2) Peak nrnoff rates for the 1-, 10- and 100 -year design storms may not increase within a specific drainage area of the site so as to create or exacerbate drainage or erosion problems. (c) VOLUME CONTROL. (1) The storrnwater management plan must provide for the abstraction of the first one inch of rainfall from the site's impervious surface. Credit toward compliance with the one inch volume control standard will be calculated by the applicant using industry accepted hydrologic models and Appendix A: Volume Abstraction Credit Schedule, following guidance provided in the Minnesota Pollution Control Agency's Minnesota Stornnrater tllanual. v 0 Page 54 (2) Where an applicant demonstrates that it is infeasible to meet the one inch abstraction requirement through use of volume control credits pursuant to subsection 3(c)(1), the stormwater management plan must provide for abstraction of runoff to the greatest extent feasible, and at least 0.5 inches, and phosphorus control in an amount equivalent to that which would be achieved through abstraction of one inch of n me€f-rainfall from the site's impervious surfaces. To demonstrate infeasibility of providing abstraction pursuant to 3(c)(1), the applicant must submit a completed Abstraction Analysis containing at a minimum the following information: i. A narrative that lists and explains tlne'variables that limit the feasibility of providing one inch of volume control for runoff fiom the sites impervious surface. These variables may include but are not limited to -unified soil classification, soil contamination, proximity to bedrock, proximity to groundwater, proximity to existing utilities, spatial constraints; zoning requirements; and financial considerations. ii. A narrative and conceptual plan(s) that describes and discusses how reasonable modifications to the size, scope, configuration or density of the project would influence the feasibility of providing one inch of volume control for. runoff fiom the sites impervious surface. iii. An explanation of efforts undertaken by the applicant to accommodate or remove the constraints that influence the feasibility of providing one inch of volume control for runoff from the site's impervious surface. (3) The volume of runoff draining to a landlocked receiving area may not increase due to a project unless the applicant can demonstrate that any additional runoff volume from the project will be effectively abstracted. In addition, the applicant shall either own or have proper rights over the landlocked property receiving ninoff from the project area. Back-to-back 100- ear runoff events will be used to analyze holding capacity and hi h- water'elevation for landlocked areas. (d) BEST MANAGEMENT PRACTICES (BMPs). (1) BMPs addressing the potential water resource impacts associated with the proposed activity must be incorporated to limit creation of impervious surface, maintain or enhance on-site infiltration and peak flow control and limit pollutant generation on and discharge from the site. BMPs may include site design, structural and non-structural practices. 5 Page 55 (2) BMPs must be designed and installed in accordance with generally accepted design practices and guidance contained in the Minnesota Pollution Control Agency's Minnesota Storrnni ater Mannzial and its subsequent revisions. (e) HIGH WATER ELEVATION. (1) All applications shall provide at least two vertical feet of separation between low openings of structures and the 100 -year high water elevations of stormwater BMP -Is and waterbodies. 4. REDEVELOPMENT REQUIREMENTS DECREASED OR NO CHANGE IN IMPERVIOUS SURFACE. A stormwater management plan submitted to the District that proposes through redevelopment to decrease or result in"no net increase in impervious surface must meet the following requirements (see Table 23): (a) For sites that are one acre or less, Best Manageinent Practices are required in accordance with subsection 3(d); (b) For sites that are between one acre and five acres and the proposed activity disturbs less than 40 percent of the site, Best Management Practices are required in accordance with subsection 3(d); (c) For sites that are between one acre and five acres and the proposed activity disturbs 40 percent or more of the site, the stormwater management plan must meet the volume control requirement in subsection 3(c) and the phosphorus control requirement in subsection 3(a)(2), where applicable; (d) For sites that are greater than five acres and the proposed activity disturbs less than 40 percent of the site. Best Management Practices are required in accordance with subsection 3(d): (e) For sites that are greater than five acres and the proposed activity disturbs 40 percent or more of the site, the stormwater management plan must meet the volume control requirement in subsection 3(c) and the phosphorus control requirement in subsection 3(a)(2), where applicable. S. REDEVELOPMENT REQUIREMENTS -- INCREASED IMPERVIOUS SURFACE. A stormwater management plan submitted to the District that proposes to increase impervious surface through redevelopment must meet the following requirements (see Table 34): (a) For sites that are one acre or less, Best Management Practices are required in accordance with subsection 3(d); 0 Page 56 (b) For sites that are greater than one acre and the proposed activity disturbs less than 40 percent of the site; and results in an increase in impervious surface of less than 50 percent, the phosphorus control requirements of subsection 3 (a), rate control requirements of subsection 3(b) and volume control requirements of subsection 3(c) apply to the area of increased impervious surface; (c) For sites that are greater than one acre and the proposed activity disturbs 40 percent or more of the site, or results in an increase in impervious surface of 50 percent or more, the phosphorus control requirements of subsection 3(a), rate control requirements of subsection 3(b), and volume control requirements of subsection 3(c) apply to the entire site. f 6. LINEAR TRANSPORTATION PROJECT REQUIREMENTS (see Table 5). (a) The construction of a new road, trail, sidewalk, utility. or other Iinear transportation project that will create 10,000 square feet or more of impervious surface must meet the phosphorurs control requirements in accordance with subsection 3(a), rate control requirements in accordance with subsection 3(b) and volume control requirements in accordance with subsection 3(c); (b) Linear Reconstruction Projects that will increase the impervious area within the proiect limits by between 10,000 square feet and one acre from existing conditions must meet the phosphorus control requirements in accordance with subsection 3(a) and rate control requirements in accordance with subsection 3(b) for the area of increased impervious surface; (c) Linear -Deconstruction Projects that will efeate-increase the impervious area within the project limits bymofe4han one acre or more from existing conditions-ef e must meet the phosphorus control requirements in accordance with subsection 3(a), rate control requirements in accordance with subsection 1(b), and volume control requirements in accordance with subsection 3(c) for the area of increased impervious surface. 7. REGIONAL STORMWATER MANAGEMENT. (a) An applicant may comply with this rule by providing equal or greater phosphorus control, rate control, or volume control through a regional or subwatershed plan approved by the District; such a plan must provide for an annual accounting to the District of treatment capacity created and utilized by projects or land -disturbing activities within the drainage and treatment area of the plan. (b) District approval of a regional or subwatershed plan will be based on a determination that: 7 Page 57 (1) the use of a regional facility in place of onsite stormwater management will not result in adverse impacts to local groundwater or natural resources located upstream of the regional facility, including, but not limited to, reduced water duality, altered wetland hydrology, changes to stream velocities or baseflow, erosion, or reduced groundwater recharge; and (2) the plan incorporates onsite BMPs as necessary to mitigate impacts and provide local benefits not provided by the regional facility. (c) Individual project sites utilizing a regional facility to meet phosphorus, rate, or volume control requirements must incorporate BMPs on the project site in accordance with subsection 3(d). (d) The applicant, before commencing any land -altering activity, must demonstrate that it holds the legal rights necessary to discharge to the stormwater facility or facilities in the plan, and that the facility or facilities are subject to a maintenance document satisfying the requirements of section 11. 8. IMPACT ON DOWNSTREAM WATERBODIES. (a) No new point source may discharge to a waterbody without pretreatment for sediment and nutrient removal. Pretreatment may be provided by non-structural means. An activity changing flow that discharges from an existing point source is not a new point source. L (b) No activity subject to this rule may alter a site in a manner that results in a(n): (1) Increase in the bounce in water level for any downstream lake or wetland beyond the limits specified in Table 1 below based on management classification, during a rainfall event of critical duration with a return frequency of 1, 10, or 100 years. (2) Increase in the duration of inundation for any downstream lake or wetland beyond the limits specified in Table 1 below based on managcment classification, during a precipitation event of critical duration with a return frequency of 1, 10, or 100 years. (3) Change in the elevation of the runout control of any lake or wetland beyond the limits specified in Table 1 below based on management classification. Page 58 Table 1: Impacts on downstream waterbodies Wetland Permitted Inundation Inundation Runout Management Bounce for 1-, Period for 1- Period for 10- Control Class/ 10-, and loll- Year Event and 100 -Year Elevation aterhody Year Event Event Preserve Existing Existing Existing No change Manage 1 Existing plus Existing plus 1 Existing plus 2 No change 0.5 feet day days Manage 2 Existing plus Existing plus 2 Existing plus 0 to 1.0 ft 1.0 feet days 14 days above existing runout Manage 3 No limit Existing plus 7 Existing phis 0 to 4.0 ft days 21 days above existing runout Lakes Existing N/A N/A No change 9. FINANCIAL ASSURANCE. (a) A performance bond, letter of credit or other financial assurance, consistent with the District Financial Assurance Rule, may be required for any project that requires the installation of stormwater best management practices. The financial assurance shall be maintained until the stormwater best management practice has been constructed and stabilized in accordance with District rules and as shown on a set of as built drawings submitted to the District. 10. REQUIRED EXHIBITS. (a) Plans certified by a professional engineer registered in the State of Minnesota and reflecting the following items shall accompany the permit application (one set of pians must be frill size; one set must be reduced to a maximum size of 11 " x 17"; provide electronic ArcGIS or CADD files when available): (1) Property lines and delineation of lands under o—,vncrship of the applicant. LS Page 59 (2) Delineation of the subwatershed contributing runoff from off-site and proposed and existing subwatersheds on-site. (3) Proposed and existing locations, alignments, and elevations of stormwater facilities. (4) Delineation of existing on-site wetland, shorcland, and/or floodplain areas. (5) Existing and proposed normal, and 100 year high water elevations on- site. (6) Existing and proposed site contour elevations at two foot intervals, related to National Geodetic Vertical Datum (NGVD), 1929 datum. (7) Construction plans and specifications for all proposed stormwater management facilities. (8) Stormwater runoff volurne and rate analyses for the 1-, 10- and 100 - year design storms for existing and proposed conditions. (9) All hydrologic, water duality, and hydraulic computations completed to design the proposed stormwater management facilities including runoff volume abstractions. (10) Delineation of any flowage easements or other property interests dedicated to stormwater management purposes, including, but not limited to, county or judicial ditches. (b) For applications proposing infiltration, a soil sampling plan and the resulting identification, description, permeability, and approximate delineation of site soils. Investigation methods shall include soil pits or hand augers. Borings at the location of the infiltration facility must extend at least five feet deeper than the proposed bottom elevation of the infiltration facility. (c) For applications proposing tree preservation or planting, a site map showing existing trees larger than six inches in diameter, including species, diameter, and associated drip lines (canopy area). Tree map must designate trees to be removed and trees to be added. (d) For applications proposing soil amendments, a soil amendment plan following guidance from the Nfinnesota Pollution Control Agency's Minnesota Storrrrumter Manual. (e) For applications proposing capture and reuse, an operating plan and calculations that quantify the benefits of the proposed stormwater reuse system. 10 Page 60 (f) Documentation indicating conformance with an existing municipal storinwater management plan. When a municipal plan does not exist, documentation that the municipality has reviewed the project. (g) Documentation that the applicant has applied for a National Pollutant Discharge Elimination System (NPDES) Permit if required by the Minnesota Pollution Control Agency (MPCA). (h) Abstraction analysis (if applicable) in accordance with subsection 3(c)(2). (i) A declaration and maintenance agreement in conformance with section 11. 11. MAINTENANCE. (a) All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to firnction as designed. Permit applicants must provide a maintenance plan that identifies and protects the design, capacity and functionality of onsite and offsite stormwater management facilities; specifies the methods, schedule and responsible parties for maintenance; provides for the maintenance in perpetuity of the facility; and contains at a minimum the requirements in'the District's standard maintenance declaration. The plan will be recorded on the deed in a form acceptable to the District. A public entity assuming the maintenance obligation may do so by filing with the District a document signed by an official with authority. Page 61 Table 2: Storm -water management requirements for ne« development I Site Size Impenions Surface Requirements < 1 acre N/A None Table 23: Stormwater management requirements for redevelopment resulting in a decrease or no change in impervious surface Site Size Site Disturbance I Impervious Surface Reduction I Requirements < 1 acre < 20% of site None > 1 acre surface 0 - 9% reduction in impervious ' >10% of site phosphorus Control. Rate Control. and Volume Control Table 23: Stormwater management requirements for redevelopment resulting in a decrease or no change in impervious surface Site Size Site Disturbance I Impervious Surface Reduction I Requirements < 1 acre N/A 10% reduction in impervious None surface 0 - 9% reduction in impervious ' Incorporate BMPs surface 1 -5 acres >5 acres 10% reduction in impervious < 40% site surface disturbance 0 - 9% reduction in impervious surface 10% reduction in impervious > 40% site surface disturbance 0 - 9% reduction in impervious surface 10% reduction in impervious < 40% site surface disturbance 0 - 9% reduction in impervious surface > 40% site disturbance f N/A 12 None Incorporate BMPs None Volume control required for site's impervious surface None Incorporate BIMPs Volume control required for site's impervious surface Page 62 Table -34: Stormwater management requirements for redevelopment resulting in an increase in impervious surface Site Size Site Impervious Surface Requirements Treatment Scope i Additional impervious surface Disturbance Increase _ 50% increase in < 1 acre N/A N/A Incorporate BMPs N/A Table 5: Stormwater management requirements for linear transportation proiects Project Tj,pe Impervious Surface Increase < 40% site disturbance 9R t 501' '.,..,.,,ase in Impem < 50% increase in Phosphorus Control, Rate Control, and Volume Control Additional impervious surface impervious surface 50% increase in Entire site's impervious impervious surface surface f feet > 1 acre > 40% site disturbance OR _ 5051 hoe feaS , N/A Phosphorus Control, Rate Control, and Volume Control Entire site's impervious surface Table 5: Stormwater management requirements for linear transportation proiects Project Tj,pe Impervious Surface Increase Requirements Treatment Scope New Linear < 10.000 squarz None N/A feet Transportation fPr°ect>_ 10.000 square Phosphorus Control. Rate Control, New impervious surface f feet and Volume Control < 10.000"squareI None N/A feet + Linear > 10,000 square Phosphorus Control and Additional impervious Reconstruction feet and < I acre Rate Control surface Project > 1 acre I Phosphorus Control. Rate Control, Additional im ersp Mous and Volume Control surface 13 Page 63 APPENDIX A: MC'WD Volume Abstraction Credit Schedule Practice Design Guidance Credit Calculation Methods Surface Infiltration Basin Minnesota Stormwater Volume provided AV = Volume below overflow (2) Manual elevation Underground Infiltration Trench Minnesota Storinwaler Void volume provided AV = Volume below overflow '` Manual elevation Percent interception by AV = % Interception (3) 4. tree Preservation of tree(s} Not Applicable species canopy area �`�� I inch rainfall Planting of New Tree(s) Not Applicable One-half percent interception {5) AV = 0.5 * % Interception (3) * tree by species canopy area (4) ;k 1 inch rainfall Soil Amendment(s) Minnesota Stormv,ater 0.5 -inch credit.over the area AV = 0.5112 * area of soil Manual of soil amendment area amendment Submit pump design Volume captivity to capture Submit operating plan and Capture and Reuse of Stormwater plans and hydrologic and reuse runoff from a 1- calculations for reuse system to calculations inch rainfall event document annual volume reuse during dry, wet, and average years Enhancement of Pervious Area Submit vegetation etation (wetland buffers-ne jee l ID, forest planting and 0.5 -inch credit over the area cg) AV = 0.5112 * area of enhancement or prairie conservation or maintenance of enhancement restoration) Minnesota Stormuver 50% volume abstraction AV = 0.5 * Volume below overflow Filtration Manual credit (9) elevation (filtered volume is not considered) 4/20/2011 10:46 AM Page 64 (1) AV = Abstraction Volume (2) Volume infiltrated during a rainfall event shall not be credited towards the abstraction volume requirement. This is a simple approach for designers and for reviewers to verify conformance to the standard; a stormwater model is not needed for calculations. This is a conservative assumption because infiltration of stormwater in Minnesota is an evolving practice. MCWD will continue to research current trends, collect and analyze monitoring data, and utilize modeling and engineering methods to assess the effectiveness of the standards to achieve the water quality goals of the District. (3) Percent rainfall interception shall be determined using results from the City of Minneapolis, Minnesota Municipal Tree Resource Analysis. Percentages for the species studied are listed below. If desired tree species is not listed, the applicant shall use the median value provided below or provide documentation by a certified arborist to support a different percent interception. Average Percent Rainfall Interee tion by Tree Species Species Average Percent Rainfall Interception Green Ash 13 Sugar Maple S Norway Maple 8 Littlelcaf Linden 12 American Elm 18 Hone locust 6 American Basswood 10 Northern Hackberry 6 Ginkgo 4 Silver Maple 16 Elm 21 White Ash 10 Basswood 14 Red Maple 7 Median 10 (4) Tree canopy area must be documented as part of the permit application submittal. (5) Granting % credit for new trees is intended to encourage preservation of trees over tree removal and replacement. (6) For SCS TR -55 cover type "open space (lawns)," compacted soil (HSG C, curve number 74) begins to generate runoff with a 0.9 -inch rainfall. A HSG B soil (curve number 61) begins to generate runoff with a 1.5 -inch rainfall. Therefore, preserving the infiltration capacity of HSG B soil through the use of soil amendments yields an approximate 0.5 -inch volume reduction credit. (7) Area shall not be subject to motorized vehicle, bicycle, or likely human foot traffic (i.e., parking lot islands, conventional landscaping). (8) For SCS TR -55 cover type "herbaceous mixture," additional rainfall of approximately 0.5 inches generates no runoff if the hydrologic condition is improved from "fair" to "good." Credit will not be granted for "tree preservation" and "enhancement of pervious area." The applicant must designate the desired abstraction practice. (9) The Minnesota Stormwater Manual reports that nutrient removal (total phosphorus) is approximately half as effective for filtration as infiltration. 4/20/2011 10:46 AM Page 65 MIPrNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS PROCEDURAL REQUIREMENTS RULE Proposed Revisions January 27, 2011 1. APPLICATION REQUIRED. Any person undertaking an activity for which a permit is required by these roles shall first submit a permit application to the District. The application must include all exhibits required by applicable District Arles. All permit applications must bear the original signature of the landowner. (a) Applicants are encouraged to submit preliminary plans early in the project - development process for nonbinding, informal review for conformity with District policies and rules; (b) An interested person may intervene in a permit proceeding by filing a written request to intervene with the District before the final decision on the application. The request shall state the nature of the person's interest and a copy shall be hand -delivered to the applicant or received at the applicant's address stated in the application before the time of the final decision. An intervener shall have the rights of a party in the proceeding before the District. (c) A permit applicant consents to entry and inspection of the subject parcel by the District and,,its authorized agents at reasonable times as necessary to evaluate the permit application or determine compliance with the requirements of District permit or rule. 2. FORMS. Only peri-rdt applications using the applicable District form(s) will be accepted. A request for a variance or exception from any District rule provision(s) must be submitted on the District variance or exception form. District application forms are available from the Permit Applications web page (w-,vw.mii-Lnehahacreek.org/pemiit_apps.plip). Permit applications must be addressed to: Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 Attn: Permitting 3. FEES. District permit fees are set forth in the District Permit Fees Rule. A permit application is incomplete and will not be processed by the District until the applicable fees are paid. Failure to timely pay fees is grounds for permit revocation. 4. ACTICIN ON PERMIT APPLICATION. The District shall act within 45 days of receipt of a complete application and set of exhibits in compliance with the submittal requirements of these Page 66 rules, as determined by the District. Permit decisions will be made by the Board of Managers except as delegated to staff by written resolution. The Board will review a staff permit decision on the applicant's request. Variance requests will be acted on by the Board pursuant to the Variances and Exceptions Rule. The District may approve or deny an application and may impose reasonable conditions on approval. Conditions may include, as otherwise consistent with the rules, requirements for financial assurances, maintenance agreements and declarations and may require that these documents be properly executed or recorded before permit issuance. The District may reconsider and revoke a permit if it finds that a material error or misrepresentation was made in the application and that the correct information was available at the time of the application. The District may suspend or revoke a permit if preliminary or final subdivision approvals received from the relevant municipality of county are not consistent with the conditions of the permit. In the event of a material change from approved plans or specifications after conditional or final District approval of an application, a permittee must'submit information necessary for the District to reevaluate compliance with District rules. S. CONFORMITY WITH MUNICIPAL PLAN. The District will review applications for permits involving land development only after the applicant demonstrates that the plan has received preliminary approval from each municipality in which development is to take place. The requirement of preliminary municipal approval shall mean: (a) Preliminary plat approval if required for the development; or (b) if plat approval is not required,. approval by the municipal planning commission or a written statement from the responsible municipal official that, on prelbninary review, the development appears to meet municipal approval requirements. 6. NOTIFICATION. Persons applying for a District permit must supply a certified list of property owners and mailing labels for each property within 600 feet of the parcel on which the proposed project is to occur. Certified lists may be obtained from county property information services. At the request of the applicant and at the applicant's expense, the District will supply the mailing list and labels. District staff will send notice of the proposed project to the individuals on the mailing list for the applicant at the applicant's expense. A copy of the list will be retained with the application at the District office. The application will not be deemed complete acrd will not be processed until the list has been submitted to the District or the applicant has requested the applicable list and labels from the District. Notification is not required for a Fast -Track permit under the Erosion Control, Floodplain Alteration, Dredging and Shoreline & Streambank Stabilization rules. 7. ALTERNATIVE NOTIFICATION. The District, on written request, may approve alternative notification for any of the following projects: (a) A linear project, including but not limited to a road, sidewalk or trail, one-half mile or more in length. M 42)02 011 10:50 AM4Y'" nn-� t-0"�:2` PIN „' Page 67 (b) A project on a parcel or contiguous parcels with an area of 100 acres or more, where no more than five percent of the area will be disturbed, provided the disturbed area does not include a wetland. (c) A project where the applicant proposes to combine notification under this rule with notification required under the approval procedures of another governmental body. The applicant must demonstrate that an alternative means of notification will provide adequate notice to residents near the proposed activity. 8. TIME FOR SUBMITTAL. A complete permit application which includes all required exhibits shall be received by the District at least 21 fiill days prior to the scheduled meeting date of the Board of Managers. Late submittals or submittals with incomplete exhibits will be scheduled to a subsequent meeting date. 9. PERMIT RENEWALS AND TRANSFERS. A permit is valid for one year from the date the applicant is advised in writing that the District has approved the permit unless the permit is suspended or revoked. The valid period of a permit isnot extended while the applicant complies with conditions precedent to actual issuance of the permit. To renew or transfer a.permit, the perinittee must notify the District in writing, prior to the pen -nit expiration date, of the reason for the renewal or transfer request. The District may impose different or additional conditions on a renewal or deny the renewal in the event of a material change in circumstances. On the first renewal, a permit will not be subject to additional or different requirements solely because of a change in District rules. New or revised rule requirements will not be imposed on renewal of a permit where the permittee has made substantial progress toward completion of the permitted work. A transfer shall be approved unless the District finds that the proposed transferee has not demonstrated the ability to perforin the authorized work in accordance with the conditions of the permit, in which case the Board may impose conditions on or deny the transfer. Permit transfer does not extend the permit term. 10. BASIS FOR DECISIONS. All interpretations of these rules and permit decisions under these rules will incorporate and be consistent with District purposes set forth in Minnesota Statutes sections 103B.201 and 103D.201. 1 4%20/2011 10:50 AM41!"011 are Page 68 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS ENFORCEMENT RULE Proposed Revisions January 27, 2011 1. INVESTIGATION OF NONCOMPLIANCE. District staff may enter and inspect a property in the watershed to determine whether a violation of one or more District rules, a permit or an order exists or whether land -disturbing activities have been undertaken in violation of District permitting requirements. 2. ADMINISTRATIVE COMPLIANCE ORDER. Upon finding a probable violation and failure of the property owner to apply or permittee to take necessary corrective steps, the District may immediately issue a compliance order. A District compliance order may require a property owner to apply for an after -the -fact permit and/or effect corrective or restorative actions.` A District compliance order may require that Iand-disturbing activities on the property cease. (a) The Board of Managers has delegated authority to issue compliance orders to District staff. 3. BOARD HEARING. A compliance order issued by the District will include notice of or be followed by a notice to the property owner and/or pennittee of a hearing before the Board of Managers.. After notice and hearing, the Board of Managers may determine that the noncompliance or violation has been corrected and rescind the compliance order. If the Board of Managers determines that the noncompliance or violation has not been corrected, it may extend the compliance order or issue a new order finding a party in violation of a District compliance order, rule, permit or other order and directing the party to take action to correct or mitigate the effects of the violation or restore the site. 4. DISTRICT COURT ACTION. The Board of Managers may seek judicial enforcement of an order and recovery of associated legal costs and fees, as provided by Minnesota Statutes chapter 1031), throuah a civil or criminal action pursuant to Minnesota Statutes section 103D.545 and 103D.551. 5. LIABILITY FOR ENFORCEMENT COSTS. The permittee or owner of a property that is the subject of District enforcement efforts will be liable for associated costs incurred by the District, including but not limited to the costs of inspection and monitoring of compliance, engineering and other technical analysis, legal fees and costs, and administrative expenses. 4'70'2011 IM0 AN144 1,QQ112:25 NI Page 69 MINNEHAIIA CREED WATERSHED DISTRICT BOARD OF MANAGERS VARIANCES AND EXCEPTIONS RULE Proposed Revisions January 27, 2011 1. VARIANCES AUTHORIZED. The Board of Managers may hear requests for variances from strict compliance with provisions of the District miles. 2. STANDARD. To grant a variance, the Board of Managers must determine, based on a showing by the applicant: (a) that because of special conditions inherent to the property, tiv &h do not apply generally to other land or structures in the District, strict compliance with a provision of a District rule will cause undue hardship to the applicant or property owner,,, (b) that the hardship was not created by the landowner, the landowner's agent or representative, or a contractor. Economic hardship is not grounds for issuing a variance; (c) that granting such variance will not merely serve as a convenience to the applicant, (d) that there is no feasible and prudent alternative to. the proposed activity requiring the variance;, and ..' (e) that granting the variance will not impair or be contrary to the intent of these rules. 3. TERM. A variance or exception will remain valid only as long as the underlying permit remains valid. 4. VIOLATION. A violation of any condition of approval of a permit subject to a variance shall constitute grounds for tennihation of the variance. 5. EXCEPTIONS. The Board of Managers may grant an exception from a provision of these rules requiring a particular treatment or management method, or setting forth a design specification of such amethod, on a determination that the proposed application, with such further conditions as the Board may impose, will achieve a greater degree of water resource protection than would strict compliance with the provision. 6. SUPERMAJORITY REQUIREMENT. A variance or exception must be approved by a two- thirds majority of managers voting. 4/20/2011 10:50 AM4/1 WO112:25 n14 Page 70 MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS PERMIT FEES RULE Proposed Revisions ;anuan- 274priI 14, 2011 FINDINGS. The Board of Managers finds that: (a) public awareness of and compliance with the pennntting process will be served by a policy of charging a minimal permit application fee. By encouraging applicants to seek permits for potential projects, the public benefits by reduced inspection and enforcement costs; (b) it is in the public interest that large-scale development projects and activities in sensitive locations be inspected by District staff to provide the Board of Managers sufficient information to evaluate compliance with District rules and applicable law; and (c) from time to time persons perforin work requiring a permit from the District without a permit, and persons perform work in violation of an issued District permit. The Board finds that its costs of engineering, inspection and analysis in such cases exceed those where the applicant has complied with District requirements. The Board further concludes that watershed property owners subject to the District's annual tax levy should notpay costs incurred because of a failure to meet District requirements. Therefore, the Board adopts a rule charging fees to the responsible persons in such cases. 2. FEES. ,(a) The District will charge applicants an initial permit processing fee in accordance with a schedule set, and revised from time to time, by resolution of the Board of Managers to account for the expected processing and initial inspection costs based on the type and extent of the proposed activities and the applicable rule requirements. A permit application will not be deemed complete and will not be acted on by the District until the permit processing fee is paid. A current fee schedule may be obtained from the District web site at wwvvv.minnehahacreek.ora. (b) Beyond the initial permit processing fee, permit applicants will be charged the District's actual costs of administering and enforcing permits, as well as the actual costs of field inspections or investigations of the area affected by a proposed activity, analysis of the proposed activity, and engineering and other technical analysis, legal fees and costs and administrative expenses, as well as any monitoring of permitted activities required. Applicants and pennittees will be invoiced for all costs described by this paragraph incurred by the District beyond the permit processing fee. 1 4/202011 10:50 AM1411 120- 1t,.25 t'tit Page 71 (c) In accordance with section 5 of the Enforcement Rule, permittees will be liable for enforcement costs incurred by the District, including but not limited to the costs of inspection and monitoring of compliance, engineering and other technical analysis, legal fees and costs, and administrative expenses. Applicants and permittees will be invoiced for all costs described by this paragraph incurred by the District. (d) An invoice issued in accordance with the provisions of this rule must be paid within thirty (30) days from the receipt. Failure to pay a District permitting -fees invoice will constitute a failure to comply with District permit -application requirements or a violation of the terms of an issued permit, and the Board of Managers may deny a permit application or revoke a permit based on nonpayment of fees. 3. RECOVERY OF FEE. The fees provided for in this rule may be recovered by the District by any legal action authorized by law. d. GOVERNMENTAL AGENCIES EXEMPT. Noperrmit fee -Neill be charged to any agency of the United States or any governmental unit in the'State of Minnesota. 4/20/2011 10:50 AM4,11 j 011 2:25 P -M 7 Page 72 MINNEHAHA CREED WATERSHED DIS'T'RICT BOARD OF MANAGERS FINANCIAL ASSURANCES RULE Proposed Revisions January 27, 2011 1. POLICY. It is the policy of the Board of Managers to: (a) conserve the water resources of the District by assuring compliance with the District's rules in the performance of activities within the watershed; and (b) require a financial assurance to be submitted with a permit application, conditioned on adequate performance of the authorized activitics and compliance with District rules as an effective means to conserve the watcr r"esourccs of the District. 2. FINANCIAL ASSURANCE REQUIREMENT. (a) A financial assurance instrument (performance bond, letter of credit, cash escrow deposit or other assurance) may be required as a condition of issuance of a permit under the District miles. (b) A financial assurance will not be required of any agency of the United States or of any governmental unit or political subdivision of the state of Minnesota. 3. FINANCIAL ASSURANCE CRITERIA. The required amnount and duration of financial assurances will be set by the Board of Managers by resolution and subject to periodic review and revision in consideration of the following criteria, which apply to all financial assurances required by the District rules. (The current schedule of financial assurance amounts and durations may be obtained from the District office or website: www.minnehahacreek.org.) (a) Required amounts and durations of financial assurances will be set to ensure against potential liabilities to the District, including but not linited to: (1) Application, field inspection, monitoring, consultant services and related fees authorized under Minn. Stat. § 103D.345; (2) The cost of implementing and maintaining protective measures required by the permit; and (3) The cost of remedying damage resulting from permit noncompliance or for which the permittee otherwise is responsible. 2iF 201 l 10: 0 AN11'1122011125PM Page 73 (b) The financial assurance instrument shall be in a form acceptable to the District. A commercial assurance must be issued by a surety licensed and doing business in Miiulesota. (Templates may be obtained from the District office or website, www.minnehahacreek. org.) (c) The financial assurance shall be issued in favor of the District and conditioned upon the applicant's performance of the activities authorized in the permit in compliance with the terms and conditions of the relevant pernrit(s) and all applicable laws, including the District rules, and payment when due of any fees or other- charges authorized by law, including the District rules. The financial assurance shall state that in the event the conditions of the financial assurance are not met, the District may make a claim against it. In the event that the District makes a claim against a financial assurance, the District may require the full amount to be restored within 45 days. (d) The financial assurance instrument shall contain a provision stating that it will not be canceled without at least thirty (30) days prior written notice to the District by the surety. (e) Financial assurances shall be required of and submitted by the permit applicant, but the surety principal may be the landowner or the individual or entity undertaking the proposed activity. (f) When a cash escrow is to be provided to fulfill District financial assurance requirements, the pennitteefescrow provider will be required as a condition of permit issuance, transfer or renewal to enter into a cash escrow agreement with the District. Permit approval may be revoked for failure to comply with this requirement. 4. FINANCIAL ASSURANCE RELEASE. (a) For a financial assurance covering a single project, on written notification of project cornpletion, the District may inspect the project. If the project has been completed in accordance with the terms of the permit and District rules and there is no outstanding balance owed to the District for unpaid permit fees, the District will release the financial assurance. Final inspection compliance includes, but is not limited to, confirmation that the site has been vegetated and stabilized to prevent erosion and sedimentation in accordance with District rules and stormwater management features have been constructed or installed and are functioning as designed. If the District does not inspect the project and make a determination of the project's compliance with the above criteria within 45 days of District receipt of written notification of project completion, the financial assurance will become immediately eligible for release. (1) The District may return a portion of a financial assurance submitted to assure performance if the District finds that the entire amount is no longer required to ensure compliance with the permit conditions and District rules. Specific District rules may include additional criteria under which partial return of a performance assurance may be authorized. 4!20/2011 10:50 AM44 inn, , 22.25 PM Page 74 (b) A financial assurance submitted to satisfy the financial assurance requirement for more than one permit will be released by the District on written request of the principal if the conditions listed in either of the following paragraphs are met: (1) Pursuant to an inspection by the District of the final project covered by the assurance, the District determines that the project has been completed in accordance with the terms of the permit and District rules and there is no outstanding balance owed to the District for unpaid permit fees. if the District does not inspect the project and make a determination of the project's compliance with the above criteria within 45 days of District receipt of written notification of final project completion, the financial assurance will be immediately eligible for release. (2) The applicant submits a new financial assurance in a form and amount satisfactory to the District. 4270 011 1©-�0ANI TT1.L291'�:'_'5-P-Nt 10 Page 75