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HomeMy WebLinkAboutCouncil Information Memorandum 01-28-2000JANUARY 28, 2000 � � M � MR - M, � � � � W - N 1. COUNCIL MEETING SCHEDULE: NOTE: Ward I Councilmember Tim Bildsoe meets with residents and receives their comments in the Administration Library, beginning at 6:00 PM before each Regular Council meeting. TUESDAY, FEBRUARYI, 7:00PM TUESDAY, FEBR VARY8, 7:00 PM MONDAY, FEBR UARY 14, 4: 00 PM SATURDAY, FEBR UARY 12 9:00 AM -4:00 PM TUESDAY, FEBR UARY 15, 7: 00 PM 2. MONDAY, JANUARY 31, 7:00 PM 3. WEDNESDAY, FEBR UARY 2, 7: 00 PM REGULAR COUNCIL MEETING, Council Chambers SPECIAL COUNCIL MEETING—Various Topics, Public Safety Training Room — Draft Agenda is attached (M-1) CITY COUNCIL MEMBERS WILL MEET WITH MEDICINE LAKE CITY COUNCIL; TOPICS: speed hump and related street and trail issues in the area; Medicine Lake City Hall, 10609 S. Shore Drive JOINT COUNCIL/PLANNING COMMISSION MEETING ON THE COMPREHENSIVE PLAN, The Reserve, 3155 Empire Lane REGULAR COUNCIL MEETING, Council Chambers YOUTHADVISORY COUNCIL, Medicine Lake Room Agenda is attached. (M-2) ENVIRONMENTAL QUALITY COMMITTEE, Medicine Lake Room. Agenda is attached. (M-3) 4. S. 6. 7. 8. 9. CITY CO UNCIL INFORMATION MEMO JANUARY 28, 2000 THURSDAY, FEBRUARY 3, 7: 00 PM SATURDAY, FEBRUARY5, 2:00-7:00 PM WEDNESDAY, FEBR UARY 9, 7: 00 PM THURSDAY, FEBRUARY 10, 7: 00 PM Page 2 HUMAN RIGHTS COMMISSION, Medicine Lake Room FIRE AND ICE FESTIVAL, Parkers Lake PLANNING COMMISSION, Council Chambers PARK& RECREATION ADVISORY COMMISSION, Council Chambers A List of future Regular Council Meeting agenda items is attached. (M-8) January, February and March calendars are attached. (M-9) 1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC. a) Sun Sailor opinion column by the Plymouth Human Rights Commission. (I -1a) b) 1999 Annual Report and 2000 Goals for the Hennepin County Attorney's Office. (I -I b) c) Notice from the Pollution Control Agency of the file closure for a petroleum tank leak at Jerry's Service, 9905 County Road 9. (1-1c) d) Notice from the Pollution Control Agency of the file closure for a petroleum tank leak at Zachary Lane Elementary School, 4350 Zachary Lane. (1-1d) e) Notice from Metropolitan Council Chair Ted Mondale of the reduction in wastewater and treatment service bills provided by the Environmental Services Division of the Metropolitan Council. (I -le) 2. MINUTES a) Youth Advisory Council January 10 meeting. (I -2a) b) Youth Advisory Council January 24 meeting. (I --2b) c) Proposed minutes of the Charter Commission January 13 meeting. (I -2c) d) Minnehaha Creek Watershed Board of Managers December 21 meeting. (I -2d) e) Minnehaha Creek Watershed Board of Managers January 6 meeting. (1-2e) fi Minnehaha Creek Watershed Board of Managers January 13 meeting. (I-2fi CITY CO UNCIL INFORMATION MEMO JANUARY 28, 2000 Page 3 g) Environmental Quality Committee December 1 meeting. (I -2g) 3. STAFF REPORTS a) 1999 Erosion Control Enforcement Activity. (I -3a) 4. CITIZEN COMMUNICATIONS POLICY—CORRESPONDENCE a) Letter from Recreation Superintendent Mary Bisek to Liz Tombers regarding teen–oriented programs in the City. A copy of Ms. Tombers' original letter is attached. (I -4a) A status report on the most recent correspondence is attached. (I--4) 5. LEGISLATIVE ITEMS a) Municipal Legislative Commission Update. (I -5a) 6. COUNCIL ITEMS a) Memo from Assistant City Manager Laurie Ahrens regarding the appointment of alternates to advisory boards and commissions. (I -6a) TENTATIVE Agenda City of Plymouth Special City Council Meeting Tuesday, February 8, 2000 7:00 p.m. Public Safety Training Room 1. Call to Order 7:00 p.m. 2. Review County Road 101 improvement plans from Highway 55 to just southerly of County Road 24 7:00 p.m. 3. Drainageway Maintenance and Notification (requested by Councilmember Black) 8:00 p.m. 4. Building Inspection Process and Fees (requested by Councilmember Johnson) 8:25 p.m. 5. Community Foundation (requested by Councilmember Brown) 8:50 p.m. 6. 1 Livable Communities Goals (requested by Councilmember Bildsoe) 9:10 P.M. 7. Set next study sessions and topics: • Goals and Objectives Session • Joint meeting with Charter Commission 9:35 p.m. 8. Quarterly check-in with City Manager 9:45 p.m. 9. Adjourn 10:00 P.M. M-� YOUTH ADVISORY COUNCIL JANUARY 31, 2000, 7:00 P.M. MEDICINE LAKE ROOM /•t ,1• 1. Approve minutes of January 24, 2000 meeting 2. Receive Sub—Committee update on Youth Jam 2000 3. Receive Sub—Committee update on Youth Town Forum 4. Receive Sub—Committee update on Community Recognition Award 5. Receive update on presentation to Tonka Bay Council 6. Discuss plans for attending the National League of Cities Conference in Washington, DC 7. Adjourn Next Meeting: Monday, February 14, 7: 00 PM Possible topics for future meetings: • Discussion of health issues and abstinence education • Discuss contacts with Trojan Tirade • Discuss ideas for Parks and Recreation Department programs N � (0 ENVIRONMENTAL QUALITY COMMITTEE AGENDA MEETING NO. 92 February 2, 2000; 7:00 PM Medicine Lake Room Agenda Items: 7.00 PM Call to Order, Chair: Terri Goodfellow -Heyer • Review of Agenda • Approval of Minutes, Meeting No. 91 (See Attachment ) • Guest Introduction & General Forum: Guests may address the EQC about any item not contained on the regular agenda. A maximum of 15 minutes is allowed for the orum. If the full 15 minutes are not needed for the Forum, the EQC will continue with the agenda. • Welcome & Introduction of New EQC Members. • Election of Officers. Committee Chair and Vice -Chair are annually elected to facilitate the meetings. 7:30 PM Up -Dates: • Comprehensive Plan. An up -date on the plan's development & progress. • The Small Grants, Alternative Landscaping. A News Release was put out to the local paper to announce the number of the grants awarded (see attachment) • City's new Exterior Lighting Ordinance. The ordinance was presented at the last EQC meeting, and any EQC comment should be forwarded to the planning commission. • Environmental Fair 2000. Kathy Marshall. The planning process is moving forward and the theme for this ear's event is Getting Back to Our Roots. • Review The Follow Up Letter. Members need to review the DRAFT follow up letter written to Turtle Lake area residents, based on the EQC's last meetings guidelines. 8.15 PM • Review the 1999 Annual Report & Annual Plan 2000 (Including the Education Plan). Members need to review these documents and EQC needs to recommend the annual plan to the Council for their approval at their February 15' meeting. • EQC membership's Discussion. EQC members have asked to explore the possibility of increasing and expanding the EQC membership to include some civic organizations such as Lake or Home owners associations. 8:55 PM Plan for next meeting: March 1, 2000! ( Mark your Calendar) (EQC Members will help to determine agenda for next meeting) • 9:00 PM ADJOURNED NOTES: D:\TEMP\mee ing9?.dm M'� Tentative Schedule for City Council Non -Consent Agenda Items February 15 Three public hearings on vacation of easements Hearing on vacation of Lawndale Lane in Cornerstone Commons Addition Plymouth Marketplace, Land Use Guide Plan Amendment and Sketch Plan Assessment hearing on Troy Lane improvements Report -on pedestrian safety issues on Vicksburg Lane near Central Middle School Nater Resource Management Plan February- 29 Recognize Volunteers — Presentation Oath of Office to five Firefighters - Presentation Alcohol Compliance Violation Hearings Public hearings on tree removal and weed eradication March 21 N-9 \� § G/ ( � /� 2 3 _ & Q 2 LL 3 � 3 � O 2 � - 20 /) O. § \ � "E � \ )� \� m ,> ! !»»; ©f � � 3 Q 7 � � q % 5 2 \*~°°® ) C9 } 90 ®e-rQm k» k} , � 20 EL ) �m§®=°2S/ 0-° Q-§f,n 2 oE /\CSE ca ~ < � Us cn _ m z 0m ar \ D. \ ) 2 NO § y a,zr= mr m� + /§ ` \ � §0 A$!£ ƒ _ a 73 §� m f & a : wa E E E ) - m . 2ol - / 0 0 _ � C !k G G'0 » ;§ G n . 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U=Ud U O T U w UU?U¢ONojQ�Y�� ZZ)YwoQFU���U�E oQR^ � 00 : � EOO K� 0c- �CGGROlS OZ n o0az \p N N O C r N�.00 vJ Vi .p r'iO r - N N C4 Immyspapers Select a Town: 1�el!cl own RJ �G Local News Local News Community Education Calendar Opinion Public Safety Seniors Obituaries Local Sports Sports News Sports Briefs Events/Scores Business News Business News Classifieds Classifieds Weather Weather Past News News Archive Contact Info. Contact Us How to Advertise Jobs At Sun Front Page Home Page Spin To Winl rw.l+�rioir Sun Slots Search The Web Powered by: YA��r Page 1 °a Wednesday, Jan. 26, 2000 Clear. Local Forecast 4:22:24PM PLYMOUTH Sun S�:�ilar� Local News Teach respect for diversity in the community FREE By Claudelle Carruthers Guest Columnist (Created 1/26/00 11:03:21 AM) The Plymouth Human Rights Commission has learned that hate literature was distributed in a Plymouth apartment complex on Jan. 17, Martin Luther King Jr. Day. These flyers are no doubt intended to intimidate and instill fear in people of diverse backgrounds. The Plymouth Human Rights Commission unequivocally asserts and defends the rights of citizens and neighbors to fully exercise their protected free speech rights. While the Human Rights Commission respects the first amendment rights of individuals, it will not remain silent in the face of instances where individuals engage in speech aimed at denying the full human rights of others. The commission finds it reprehensible when citizens use their free speech rights to aim hurtful speech at others. Such hate communicates values and ideas that are in absolute violation of the spirit of this nation. The ideas conveyed in hate speech are counter to the values of the majority of citizens in the city and the commitments of the city of Plymouth. The Plymouth Human Rights Commission asks citizens to not shrug off this behavior as unimportant. We also ask citizens to not respond in kind. Instead, we encourage parents to use this incident as an opportunity to educate their children about the importance of human rights and the inherent value of each human being. This nation has had too much experience with hateful attitudes toward citizens and those attitudes have, at times, evolved into hurtful behavior. For that reason, this recent incident has the potential of frightening people who feel they may be the targets of such hate literature. The Plymouth Human Rights Commission rejects fear. Thousands of people gave their lives in our national history to secure a democratic and free society. Everyday citizens of Plymouth choose to move beyond old fears and live, learn, work and recreate with persons who may appear different than themselves. They are friends and neighbors. Dr. Martin Luther King Jr. asserted, "We must learn to live together as brothers, or perish together as fools." Carruthers is writing on behalf of the Plymouth Human Rights Commission. The Plymouth Human Rights Commission responds to incidents of discrimination and works to ensure the human rights of all people within Plymouth. The commission can be contacted by calling the city of Plymouth at 612- 509-5052. This site and its contents ©2000. Sun Newspapers - Main Office: (612) 829-0797 - Created and maintained by Quantum Digital Interactive Email: icerbo0quantumsde.com AUCTIONS Rudy Luther 0 TOYOTA Luther Flam DwMerst.ip �e Co 9TTORN�y OFFICE OF THE HENNEPIN COUNTY ATTORNEY AMY KLOBUCHAR COUNTY ATTORNEY Mayor Joy Tierney 3400 Plymouth Blvd Plymouth, MN 55447-1482 Dear May �ier January 20, 2000 It was a pleasure having the opportunity to address the Plymouth City Council and discuss my goals for the Hennepin County Attorney's Office. As a follow-up to our discussion, I am pleased to send you the 1999 Annual Report and Year 2000 Goals for the Hennepin County Attorney's Office. These two publications provide you with detailed information about our activities and accomplishments. As I mentioned at the meeting, Assistant Hennepin County Attorney Lori Schwartz is my office's liaison to the Plymouth Police Department. Again, thank you for allowing me to address the city council. I hope you will contact me when issues of mutual interest arise. I look forward to working together. Attachment C: Lori Schwartz AK/rjd C-2000 GOVERNMENT CENTER 300 SOUTH .SIXTH STREET MINNEAPOLIS, MIN PHONE: 612-348-5550 www.co.hennepin.mn.us/coatty/hcatty.htni HENNEPIN COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER n ...4 ,y tL Qi i -!4 r ► r ~ v � v .� y, O 'CS .L ► C i2 �' F� O 'v _ _ V • V r_ v '� • ^ t� J /' 7 s. a� r v � x ~ ^ l .J rp. •tV. �+ .fid .L � .:+ l t 7 T cv. � r o foo I N •� •w..+ y u Old O Cj ► 0 4 J ° v� ° v � � � �•+ � �" ,ZS �' U C � C tl C c � a� 0 N ti 0 C � too ► n ...4 ,y tL Qi i --13tz v y0 � Q. .� y, O 'CS .L T ^O •O . 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G .. a0i > 0- x}U„ H C O cd E > .:r' •�G+ V czUC. aV NnO O d p J> c — h U O X- z•� ' bn>�c.. C- ?iG _ • L m p cl U,.._ p Ti i 'Z O ^O ° O bn t:. j v T :.. :J V O 6) J ^O U ... �� , 4? C O V ¢, ^4 N 0 0 i U O r O' .e .�fw �00 ti4�(-� I_ y I h -1b HENNEPIN COUNTY A l-FORNI:Y Amy KLOBUCHAR 1999 ANNUAL REPORT ............ K�" am honored to present this report on the 1999 year-end results by the Hennepin County Attorney's Office. These results are a testament to the dedication of our attorneys and staff as they work to protect the nights and safety of people in Hennepin County. During 1999, we focused on making the County Attor q,'s Office a more results-o?iented organization, guided by the core value of accountabiliy This means holding our gffce (arid Che crimural justice system) more accountable to the public and to the communities of Hennepin Count' It also means making sure that people who break the law are held accountable for their actions and receive appnopiate consequences for what the},'ve done. To strengthen accountability, we are building closer connections with the individual neighborhoods and communities in Hennepin County. The courtrooms may be located in the Government Center downtown, but the people we serve are in the community. To make that connection, we introduced an innovative new crime fighting approach, called community prosecution, with prosecutors assigned to specific geographic areas to zi-ork with local police, residents, businesses and others to prevent and prosecute crime. It's well known by police, prosecutors and much of the public that a relatively small number of individuals are responsible for a disproportionate amount of crime in our communities. We are targeting these chronic, repeat offenders for more aggressive prosecution and stricter consequences. We are using a new state law that imposes a five year minimum prison sentence for convicted felons caught with gins. 11e' are pressing for tougher sentences against drug dealers echo exploit other people's addictions for their own profit. i Ie are using the state's career offender statute to secure increased penalties against repeat property ou(fendens who have, five or more prior felony convictions. And for the first time in ........ three decades, we filed felony criminal charges against several individuals who willfully refused to pay their child support obligations as ordered by the court. f tie are also, focusing on prevention and early intervention to help ) oung people stay away from crime, while also making sure there, are consequences when kids do break the laze. I tie inioduced a Safe Schools Initiative to guarantee a more lime}'; serious response to crimes committed on school property. 117e are also working more closely with schools to reduce truancy dy intervening with kids as soon as they miss a fete deys !rf school. This rapid response is especially important with Ws. Every parent knows thatyou don't wait weeks or - months to tellyour children that they've done something wrong 1,1'e 11aue also worked to speed up the process and increase the number qJ' children who are transferred f om foster care into safe, permanent homes. This is in the best interests of the children and it's in the best interests of the communiy when these kids can grow up in a stable, nurturing environment. .Several adrlitional examples of our efforts to strengthen accountability include working with other agencies to build an integrated criminal justice information system and formulating a couny-wide debt collection policy, so there will lie u consistent set of procedures for county departments I n acr,pting personal checks and collecting on bad checks. /%finally; this public report is itself an example of our commitment to accountabiliy We want the public to know about our ,{foals and what we are doing to achieve there. in a separale document, we describe the specific goals we have established for the year 2000, and we will continue to report on our progress in protecting the rights and safey of the people of * 1le7mepin Count' 1999 s�_.a_ CU -1 tAtResults GUNS & DRUGS M Aggressively prosecute weapons offenses with the goal of a 25% increase in charged felon -in -possession cases over 1998, with consistent enforcement of mandatory minimum prison sentences for both adult and certified juvenile offenders. As of January 1, 1999, \linnesota law calls for a minimum sentence of five years in prison for any convicted felon caught possessing a gun. The Hennepin County Attorney has made a priority of prosecuting these crones, because felons with guns are responsible for much of the violence occurring in local neighborhoods and communities. Hennepin County prosecutors charged nearly 100 felon -in -possession cases in 1999, meeting the goal of a 25% increase. In addition, the percentage of cases which received the statutory prison sentence increased on 1999. R Target drug dealers for prison sentences. fA Continue ongoing review of Drug Court dispositions, with a focus on consequences for drug dealers and career offenders. As a result of the ongoing review of Drug Court outcomes by the Hennepin County Attorney's Office, a higher percentage of serious drug dealers arc being V sentenced to prison. These priority cases are no\%, handled by a special team of experienced drug prosecutors. In 1997, only 33% of offenders convicted of 1st degree drug crimes received prison sentences. In 1999, approx- imately 64% of these drug -dealing convictions resulted in prison time. IN Improve participation of reluctant witnesses in gang prosecutions through the efforts of the County Attorney's Victim/Witness -Assistance Program. In 1999, Hennepin County prosecutors secured convictions against numerous gang -related members, including defendants in the drive-by shooting death of I 1 -year-old Bwon Phillips. Secrecy: loyalty. violence and fear of retaliation are hallmarks of gang-related'croninal activity. Breaking through these barriers to successfully prosecute gang cases has proven eatrennely difficult in the past. In 1999. the County Attorney employed two advocates, including one based in the community, specifically to work with %ictims and witnesses of gang -related crimes. These advocates help build the trust needed to encourage cooperation with police and prosecutors for the successful prosecution of gang -related criminal cases. JUVENILES Identify juveniles in the county who are habitual, serious offenders, or at risk of committing more serious acts, and seek appropriate and swift sanctions for their behavior. The Hennepin County Attorney's Office is collaborating with other agencies to develop a coordinated database to identify and track repeat juvenile offenders. An information - sharing computer system is being established so prosecutors, police, probation officers, schools and others %%ill have access to a full range of information on repeat juvenile offenders to support swift, appropriate intervention. Consistent, graduated sanctions have been developed to ensure meani igfttl consequences for these juvenile offenders. Reduce truancy by working with schools in Hennepin County to address attendance problems early in the school year. In fall 1999, the Hennepin Count} Attorney's Office began working more closely with schools, parents and the community to ensure earls intervention with students who miss school. An attorney is now assigned to every secondary schoo: in the county to help develop specific strategies for addressing truancy problems. Twice during the school year, the County Attorney is producing a "report card" for each secondary school — a progress report to let schools know the number and timeliness of truancy referrals received, as well as their outcomes. In addition County Attorney staff are workins with the Minneapolis Public Schools on a pilot project to reduc truancy through the use of Schoo Attendance Review Boards. Prosecute parents for Contributing to the Delinquency of a Minor when they actively sabotage their children's probation, education or other treatment plans. Hennepin County Attorney staff trained probation officers on this new prosecution policy in early 1999. Parents of juveniles on probation are now required to sign letters indicating their under- standing of the consequences for non-cooperation with their children's probation plans. This approach has been highly successful in securing the parent' compliance. As a result, probation officers did not refer any cases to the County Attorney for formal criminal charges in 1999. ® Actively support the creation of a juvenile assessment center in Hennepin County. The purpose of this center would be to assess all detained juveniles and other juveniles determined to be in need of ser%ices. The Hennepin County Attorney participated in an interagency planning process for a proposed juvenile assessment center. That process resulted in a proposal for a uniform assessment tool which various agencies would use to identify appropriate sen ices for juveniles. The Count- Attorney's Office will continue working with others to advocate for a juvenile assessment center that would be a physical location servuhg as a 24- hour access point for juveniles picked up by law enforcement. ■ Initiate a mentor program in which prosecutors, probation officers or diversion programs would identify at -risk juveniles and match them with adult mentors from the community. The Hennepin Count• Attorney established a mentor program with the University of Minnesota Sociology- Department. This program matches JLiven lies on probation with volunteer students trained by the County Attorney" Office. Community Prosecution In 1999, the Hennepin County Attorney initiated a new, innovative approach to crime -fighting in the county. "Community prosecution is based on a closer working relationship between prosecutors and the local neighborhoods and communities where crime is occurring. Prosecutors are assigned to workwith, local residents, businesses and others in a`specific geographic area to develop strategies for preventrig`and'prosecutmg crime, as well asto identify appropriate consequences for thosewho break thelaw t. The goal of community prosecution is to make the criminal justice ' system more accountable to the residents of .Hennepin County by building, stronger connections betweei what happens in the courtroom grid whatis happening "in local neighborhoods and communities. * The County Attorney established several communih prosecution prglects;ih different areas of Hennepin County during 1999: 0 Mnnneapohs Third Police Precinct Community Prosecution — M, re F O An expenencecl prosecutor is as§signey F work full_ -time Wkl. ' police, local residents, businesses and others to the third Precinct neighbor ^a 3TC § .-, - `h x: `;s . t: hoods of south Minneapolislus inlaativ�specifically targets felony- �.`level "livabilit} cremes Suchas urglanes, theft, auto thefts and 'criminaldamage toprpperty {tic ti vandalism and graffiti). � .":. e comrriuntty prosecutor works with ea new community council, 5composedb riengliborhoodrleaders ui the Thi Precinct, to °encourage f. community participation in the criminal�ustice system and to help define work squad projects for, offenders sentenced to community `_service. Hennepin County Distncf Court has also establisliecl a �x aspecial:calendar every Thursday"afternoon:to hear crnninal;.cases { from the Third Precinct��sr ''t■ BloomingtonJuvemle Gommunity.Prosecu: on. °The County established a'�uvenile:coipmuniprosecution Attorney ty Division assigned to Handle allJuyenile cases; including mrsd'emeanors . from this community.' ;The community prosecutor also serves as the . ~CountyAttorney's liaison with botli Bloomington police and schools. r_ -,North Minneapolis Juvennle Comnnunity Prosecution - Plans are iiiderway;to assign'a-comrnumty prosecutor in the"" neighborhoods of north Mirizie polis towork on juvenile cases. ■ Countywide Liaisons Every local law. enforcement agency "'in Hennepin County; now has a prosecutoraiaison in the County Attorney's Office who is assigned to seine as resource person for that ` agency. As`part of the Safe Schools Initiative; every secondary school `. in Hennepin County now also has a juvenile prosecutor liaison. All of these efforts are designed to�make the County Attorney's Office more responsive to community"interests and concerns. 4.' 01 ' 1999 Initiative Safe Schools Initiative In August 1999, the Hennepin County Attorney introduced a new Safe Schools Initiative to work more closely with local school districts and law enforcement agencies to provide students Nyith a safe, orderly emironment for learning in their schools. Recognizing that students can't learn and teachers can't teach when they have fears about crime The Safe and violence, this Initiative is designed to ensure a more timely, serious response to school -related crimes in Hennepin County. Schools Initiative Between the start of the 1999-2000 school year and the December holiday break, more than X100 school crime cases had been charged by `fosters a the County Attorney's Office. much closer h r With the Safe Schools Initiative, the County Attorney's Office now handles all school -related crime cases, including all misdemeanors, on relationship a "rush" basis — u ith same-day review and charging of cases when between received by prosecutors. The County Attorney's Office is also the schools, Working -with schools and police departments to get more timely referrals of school -related crimes for prosecution. local police and the First-time juvenile offenders arrested for school -related misdemeanors County' are now required, whenever possible, to fulfill work squad or community service assignments with supervised projects on school dttorney's grounds and other public sites. For more serious felon• -level offenses, Office." such as assaulting a teacher or bringing a Ayeapon to school, the County Attorney's Office is aggressively prosecuting these cases and — Roger AMiillow seeking appropriate penalties. Bloomington The County Attorney also assigned prosecutors from the Juvenile Police Chief Prosecution Division to serve as liaisons .with every secondary school in the county. These attorneys serve as resource persons, regularly visiting the schools and meeting with police liaison officers and school officials. They are available throughout the school year for ongoing advice and consultation about legal issues relating to juveniles and school -related crime. The Safe Schools Initiative is one more way in which the County Attorney's Office is working to be more accountable and responsive to the public and the communities in Hennepin County, 1- Co 1999 YCr_1 --End Results NEIGHBORHOOD PROSECUTION 1H Identify quality -of -life offenses of priority concern to neighborhoods and target these offenses for meaningful consequences. M Assign a neighborhood prosecutor for a Minneapolis Police Precinct and target adult drug, property and nuisance offenders for prosecution. The Hennepin County Attorney established a special property crimes team, with seven attorneys who prosecute nothing but property crimes such as burglaries. auto thefts, credit card fraud and check forgery — the type of crime that affects the most people at the neighborhood level. In addition, the County Attorney established a community prosecution project in the Third Police Precinct of south 'Minneapolis. An experienced prosecutor is assigned full-time to work with police, local residents, businesses and others to target felony -level "livability" crimes. The goal is to achieve a quicker resolution of these cases and to secure appropriate consequences for offenders. The County Attorney also formed a new Community Council with neigh- borhood leaders in the Third Precinct to encourage community participation in the criminal justice system and to help define work squad projects for offenders sentenced to community service. 0 Assign a neighborhood prosecutor for another geographic area in the county to focus on juvenile offenses. The Hennepin County Attorney established a community prosecution initiative aimed at juvenile crimes in Bloomington. A prosecutor is now assigned to handle all juvenile cases, including misdemeanors, that occur in this community. The community prosecutor also serves as the County Attorney's liaison with both the Bloomington Police Department and the Bloomington schools. Plans are underway to assign a community prosecutor in the neighborhoods of north Minneapolis. 5 r 1999 Initiative Truancy Intervention Beginning A%ith the 1999-2000 school year, the Hennepin County Attorney's Office is working more closely Nvidn schools throughout the county to help keep kids in the classroom and out of the courtroom. Regular school attendance is not only one of die most reliable predictors of academ cachievement, itis also a sure means of - "1 applaud preventing crime. Keeping young people in school is an important -the County step toward keeping them out of trouble. During the day. young Attorney's people should be in class, not out on the streets. Office because Minnesota law requires that all children attend school until the age they are not of 18. Students are considered truant — and subject to legal action — o n ly co m nt i t t e d .if they miss at least seven full or partial days of school ,%ithout lawful to fighting excuse. For children under 12, it is dieir parents' legal responsibility to make sure they attend school. Each year, the County Attorney's crime but Office receives more than one thousand truancy referrals. While they are attendance problems usually begin early in the school year, the constructively truancy referrals have traditionally come in the final few months of school year — when inter ention is least effective. involved withthe parents and In 1999, the County Attorney introduced several important new schools to efforts to reach kids before they become habitual truants. _ Attorneys are now assigned to every secondary school in the county to work help kids %%ith them to set attendance goals and develop specific strategies for succeed in addressing truancy problems. Tirice during the school year, the - school." County Attorney is producing a "report card" for each secondary school in the county. This progress report will let the schools know the number and timeliness of referrals received, as well as the — Alfred Babington- outcomes of these referrals. The County Attorney's Office also Johnson provides special training for school staff on legal standards and procedures related to truancy- ruancyMinneapolis Minneapolis Community Finally, the County Attorney's Office is working with the Minneapolis Leader public Schools on a pilot project in eight schools, using School Attendance Review Boards to ensure early, school-based intervention with students. This process begins -,%ith a letter from the County Attorney to parents of kids missing school -% idnout excuse, requiring their presence at a County Attorney meeting held at the school. Utimately, if a student continues to miss school after intervention efforts, including a hearing in front of the Review Board, the County Attorney's Office will determine whether to file a truancy petition in court. Since this pilot project began in October 1999, more than 650 requests have been received for the County Attorney truancy L lectures, far surpassing expectations. Increase in -office training for attorneys on trial methods. The Hennepin County .attorney's Office organized numerous "in-house training and multi- disciplinary training workshops, including those done in collabo- ration with other agencies. Topics in 1999 included investigating and prosecuting drug -facilitated rape, search -and -seizure issues, case law updates and final argtunent criminal trials. Develop and initiate immunity education efforts about mental health civil commitment, legal rights and responsibility, mental health treatment and the court system. A new brochure, entitled The Hennepin County Attorneys Office Civil Commitment Process: _4 Fantily Perspective, was prepared and distributed in 1999. This brochure summarizes each step of the civil commitment process. County Attorney staff also updated a booklet entitled Your etlentallr Ill or Chemicals Dependent Child: .1 faking Your Way Throt�gh the C. z it Commitment Process, whicli -,will be available for downloading fi-om the County Attorney Nveb site. CHILD SUPPORT Increase by 20% litigation against non-custodial parents who fail to comply with past child support -court orders. Increase establishment of child support orders by 20% through new efforts to identify cases where paternity has been established but child support has not been set: In 1999; the Hennepin Count\ - Attorney's Child Support Section implemented a fast-track system for handling referrals for civil contempt and initiated a new effort to handle paternity cases where child support had not vet been established. Through these efforts, as Novell as a dramatic increase in child support court appearances, these child support goals were met. Based upon these efforts child support cases have increased by greater than 200o. Target serious violators of child support obligations for criminal prosecution. Minnesota law permits felom criminal charges when there is sufficient evidence to show that an individual has refused to make am- child support payments for an extended period of time, despite having the income or meets to make these payments. In 1999, for the first time in more than three decades. Hennepin County prosecutors tiled felony criminal charges a_ainst six individuals fox non-payment of child support. Actively participate in the Minnesota Department of Human Services process to establish new equitable child support guidelines in the year 2000. Tlie Department of Human Sen ices decided not to pursue legislative changes to the child support guidelines until the year 91,1(-)1. When that process begins, the Hennepin Count- Attorney's Office will actively participate in establishing new equitable child support guidelines. CHILD PROTECTION Aggressively seek permanent homes for children in foster care. The Hennepin County Attorney's Early Intervention and Protection Division worked with Hennepin County's Children & Family Ser6ces Department to secure more (and more timely) adoptions for children in foster care in 1999 than ever before. The County Attorney's Office obtained 360 adoption orders in 1999, compared with 283 in 1998 and 192 in 1997. Despite an increasing number of child protection cases, the County Attorney's Office has dramatically reduced the average time that each case is open. ���p1N OOGZa X 9lTORN�, COUNSEL TO COUNTY 0 Coordinate with the County's Information Technology Department to monitor Y2K problems and to prepare a litigation plan for county government to address numerous legal questions which may arise if the Y2K problems occur and damages result. The Hennepin Count-,- Attorney's Civil Division issued a compre- hensive opinion on Y2K issues which was presented to the County Board. In addition, a memorandum was sent to all county- departments in July 1999 requesting Y2K compliance infor- mation. Civil Division attorneys worked with the Y2K coordinators in each department to monitor progress on compliance plans and to include appropriate Y2K language in all county contracts involving goods or services that were computer -dependent or susceptible to disruption. OFFICE OF THE HENNEPIN COUNTY ATTORNEY AMY KLOBUCHAR Cour\ rY ArroRNE.Y C-2000 GOVERNM:N r CENTP.R 300 Sousix-1-11 Sou -1 u MINNFA1101.I1,, MtNNI-SMA 55.187 PHONE: 612-348-5550 ® Provide liability reduction training to county staff members in three major areas: (1) Minnesota Government Data Practices Act, (2) Managerial Sexual Harassment Training and (3) Contract and Procurement. In 1999, the Hennepin Count\ - Attorney's Civil Division staff provided ongoing legal advice and prevention counseling to county departments on data practices and confidentiality issues. Sexual harassment training for management -level staff was provided to 15 county depart- ments in 1999. In addition, the Civil Division staff led a training session on contract and procurement issues at a Hennepin County division directors meeting in 1999. January 21, 2000 J. ,,'J 2 7 ... . 1 Mr. Dan Robbins b� Jerry's Service, Inc. 9950 County Road 9 Plymouth, MN 55442 RE: Petroleum Tank Release Site File Closure Site: Jerry's Service, Inc., 9950 County Road 9, Plymouth Site ID#: LEAK00012416 Dear Mr. Robbins: We are pleased to let you know that the Minnesota Pollution Control Agency (MPGA) staff has determined that your investigation and/or cleanup has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the MPCA staff has closed the release site file. Closure of the file means that the MPCA staff does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the MPCA staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information or changing regulatory requirements make additional work necessary. If you or other parties discover additional contamination (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for. the petroleum contamination under Minn. Stat. ch. 115C (Supp. 1997) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, if present, under Minn. Stat. ch. 115B (1996), the Minnesota Superfund Law. Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund that may provide partial 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. Mr. Dan Robbins January 21, 2000 Page 2 reimbursement for petroleum tank release cleanup costs. This fund is administered by the Department of Commerce Petro Board. Specific eligibility rules are available from the Petro Board at 651-297-1119 or 1-800-638-0418. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamination that may remain at this leak site, please call the Leaking Underground Storage Tank File Request Program at 651/297-8499. The MPCA fact sheet Request to Bill for Services Performed must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment. If you have any questions regarding this letter, please call me at 651/297-8582. Sincere , K thryn Serier Project Manager Site Remediation Section Metro District KS:smm cc: Laurie Ahrens, Plymouth City Clerk Richard Kline, Plymouth Fire Chief Tom Greene, Applied Engineering Minnesota Department of Commerce Petrofund Staff diw Minnesota Pollution Control Agency CERTIFIED MAIL RETURN RECEIPT REQUESTED January 24, 2000 Mr. James Gerber Robbinsdale Area Schools 4148 Winnetka Avenue North New Hope, Minnesota 55427 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Zachary Lane Elementary, 4350 Zachary Lane, Plymouth Winnetka Elementary School, 7940 55th Avenue North, New Hope Site ID#: LEAK00011662 LEAK00011663 Dear Mr. Gerber: On August 13, 1998, the Minnesota Pollution Control Agency (MPCA) staff was notified that releases of petroleum occurred from storage tank facilities that you own and/or operate at the sites referenced above. A recent review of our files shows that we still have not received excavation reports or remedial investigation/corrective action design (RI/CAD) reports within the time frame outlined in our August 19, 1998, letters to you. You also failed to respond to our August 3, 1999, letter discussing the two sites. Please be aware that failure to submit the appropriate reports within the required timeframes, could lead to reduced reimbursement from the Petrofund and/or enforcement action taken against you by the MPCA. If you have not already done so, we recommend that you hire a qualified consulting firm registered with the Petro Board that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors is available from the Department of Commerce. Please note that, under Minn. R. 2890 (Supp. 1997), you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petro Board staff. The phone number for the Department of Commerce and the Petro Board staff is 651/297-1119. Within 30 days, please submit the necessary reports or respond in writing to indicate your intentions for further action at this site. If you have any questions concerning this letter or need 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. Mr. James Gerber January 24, 2000 Page 2 additional information, please call me at 651/297-8594. Please reference the above LEAK # in all correspondence. Sincerely, Jessica Ebertz Project Manager Site Remediation Section Metro District JE:smm cc: Laurie Ahrens, Plymouth City Clerk Valerie Leone, New Hope City Clerk Greg Lie, Hennepin County Solid Waste Officer AjjA Metropolitan Council Working for the Region, Planning for the Future l January 21, 2000 Mayor Joy Tierney City Of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1482 ' Dear Mayor Tier ey: J0 As we enter e new year, the Metropolitan Council would like to share some good news with you. Your sewer bills are going down, ag?in. Your finance staff already have received the first billing for the year 2000. This bill is for wastewater collection and treatment services provided by the Environmental Services Division of the Metropolitan Council. The 2000 rate per hundred thousand gallons is $120, compared to $125.70 in 1999 and $135 in 1998. This is a 4.5 percent rate reduction, following last year's 6.9 percent cut. Our plan for allocating resources anticipates another cut in this rate for the year 2001 and plans no increase in 2002. The Metropolitan Council works very hard to deliver services in a cost and quality effective manner. Setting high goals for performance is one of the Council's smart growth strategies. It contributes to our Region's competitiveness and helps make this one of the best places to live, raise a family, work or do business. Please call me or Helen Boyer, Environmental Services Director, if you have any questions concerning these rate changes. As ys, we appreciate your support. Since 'fed Mondale, Chair Metropolitan Council cc: Metropolitan Council Members Helen Boyer, MCES Division Director City Manager 230 East Fifth Street St. Paul, Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TDD/= 291-0904 Metro Info Line 602-1888 An Equal OpportunUy Employer -za YOUTH ADVISORY COUNCIL MINUTES OF MEETING JANUARY 10, 2000 The meeting was called to order by Chair Paul Lenhardt at 7:05 PM. Also present were Amy Anderson, Nnennia Ejebe, Dev Jadhav, Jameson Johnson, Laura Marofsky, and Sam Kelner; Manager Dwight Johnson, and Deputy City Clerk Kurt Hoffman. Absent were. Trent Eisenberg and Councilmember Judy Johnson. Also present were Chau Pham and Jason Sisk. The minutes of the December 20, 1999 meeting were approved. Jameson Johnson reported on plans for the Youth Jam 2000. He said the letters to community supporters and to talent management will be ready for signing at the January 14 sub—committee meeting. He said if Johnny Lang will not be available to perform the sub --committee will seek area high school bands. Nnennia Ejebe reported on work for the April 27 Youth Town Forum. She asked for volunteers to . serve on the subcommittee. Paul Lenhardt offered to work on the subcommittee. Nnennia said she would be speaking with members of the Youth Extending Services (Y.E.S.) group. Sam Kelner said he plans to speak about the forum to students at Plymouth Middle School, Hosterman Middle School and the Technology and Language Campus. Council members submitted ideas for a mission statement. After discussion the following mission statement was approved: The Plymouth Youth Advisory Council is a city commission composed of young people from the City of Plymouth who strive to improve the quality of life in the community by: ■ Contributing a youth perspective about city issues ■ Providing safe and positive venues for young people to connect with each other and other members of the community ■ Aiding in the development of citizenship skills ■ Promoting community involvement Discussion about the City overnight parking ban ordinance was postponed until January 24. Nnennia said she would report later on a community recognition award that would be presented at the Youth Jam 2000. Remaining items on the agenda were moved to the January 24 meeting The meeting was adjourned at 9:30 PM. 1-Z�9 YOUTH ADVISORY COUNCIL MINUTES OF MEETING JANUARY 24, 2000 The meeting was called to order by Chair Paul Lenhardt at 7:10 PM. Also present were Amy Anderson, Nnennia Ejebe, Sam Kelner, Laura Marofsky, Councilmember Judy Johnson, Manager Dwight Johnson, and Deputy City Clerk Kurt Hoffman. Jameson Johnson arrived at 7:40 PM. Also present was Wayzata High School Social Studies instructor Leanna Nelson. Absent were Trent Eisenberg and Dev Jadhay. The minutes of the January 10, 2000 meeting were approved without objection. Leanna Nelson, Wayzata High School Social Studies instructor, attended the meeting to introduce herself as a liaison between the Youth Advisory Council and the high school. She recommended holding the job shadowing event on a day when there were no classes, in an effort to create greater interest in participation. The Council agreed to work towards holding two days of job shadowing opportunities at City Hall: March 2-3 are workshop days at Wayzata High School, and students will be free to participate. She requested a list of department areas for students to use to rank areas of interest. The Council voted unanimously to move the Youth Forum 2000 subcommittee report item to a point on the agenda when Jameson Johnson was in attendance. Nnennia Ejebe reported the formation of subcommittees on the youth town forum and the development of a youth community recognition award. The Council members suggested the youth town forum formulate a list of issues to be addressed in the forum, as well as the evening format. Mrs. Nelson suggested hiring a professional facilitator. Nnennia said that the community recognition award subcommittee would develop a nomination process, whether by self— nomination or endorsement, as well as the criteria and format. She said they would look at the possibility of a short essay, or some community service activity, and whether hours of service or the type of service should be considered. Jameson Johnson arrived at the meeting at 7:40 PM, and provided an update on the Youth Jam 2000 plans. He reported that a letter has gone via e—mail to the talent management for Johnny Lang. He said that the subcommittee has compiled a list of possible contributors from the business community. Council members discussed the January 18 "Shutting Off the Tap to Teens III" seminar attended by Amy Anderson and Councilmember Judy Johnson. They recommended that the subcommittee on the youth town forum look into alcohol—related issues as possible forum topics. They discussed penalties and proposed legislation concerning sale of alcohol to young people. Sam Kelner stressed the importance of conveying the messages of D.A.R.E. to younger groups. Youth Advisory Council January 24, 2000 Meeting Page 2 --'' Council members reviewed the 1999 annual report and proposed work plan for 2000 to be submitted to the City Council for approval. Council members reviewed the Plymouth policy that bans overnight street parking. Manager Johnson said there were two apparent reasons for the overnight parking ban. One was a seasonal issue, to make snow plowing of the streets easier. The other reason was to assist residents and police in identifying suspicious cars in the neighborhoods late at night. The Council reviewed the application materials for the National League of Cities conference in Washington DC. They discussed ways to use the money approved by the City Council for attendance and accommodations. They recommended finding corporate sponsorship such as Upsher—Smith or Northwest Airlines to help defray costs. Councilmember Judy Johnson said she would look into possible grants or scholarships from community service organizations. Paul Lenhardt presented a hard copy of a possible web site to publicize the Youth Jam 2000. He agreed to work on the site development with Jameson Johnson. The Council reviewed a letter included in their packet from a teen requesting a teen dance site in Plymouth. They agreed to discuss the matter with staff in the Park and Recreation Department. The meeting was adjourned at 9:40 PM. Proposed Minutes Charter Commission Meeting January 13, 2000 A meeting of the Plymouth Charter Commission was called to order by Chairman Sipkins at 7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on January 13, 2000. CHARTER COMMISSIONERS PRESENT: Chairman Sipkins, Commissioners Donovan, Schwartz, Thompson, McKee, Marofsky, Murphy, Bobra, Pauba, Preus, Garst, Walling, and Willis. ABSENT: Commissioners Johnson, Martin, and Thompson. OTHERS: Assistant Manager Ahrens, and City Clerk Paulson. Approval of Agenda Motion was made by Commissioner Marofsky, and seconded by Commissioner Pauba, to approve the agenda. With all members voting in favor, the motion carried. Approval of Minutes Commissioners Thompson and McKee suggested a few minor corrections be made to the minutes. Motion was made by Commissioner Marofsky, and seconded by Commissioner Bobra to approve the amended minutes. With all members voting in favor, the motion carried. Consideration of Issue of Mail Ballot for Special City Elections A considerable amount of discussion was held relative to the issue of requiring a mail ballot election for Special City Elections. The commissioners referred to the six percent voter turnout for the referendum on the new Activity Center and Field House and whether that turnout is a fair representation of the populace, especially for a project this size. It was noted that the turnout is much greater for the General Elections, and perhaps it would be more appropriate to include City questions on those ballots rather than conducting Special Elections where the turnout is much lower. Some of the commissioners felt strongly that a mail ballot election, even though the cost is approximately $7 per voter compared to $2 per voter for regular special elections, should be the method to conduct special elections. The commissioners also were concerned that citizens Proposed Charter Commission Minutes January 13, 2000 Page 2 of 3 could perceive the notion that the Council strategically plans the vote for major projects to not coincide with the General Election in order to receive the low voter turnout. Motion was made by Commissioner Donovan, and seconded by Commissioner McKee, to schedule a Joint Study Session with the City Council on the issue of mail balloting and any other options to increase voter turnout. Commissioner Schwartz offered a friendly amendment to the motion that copies of all the materials that the Commissioners received are provided to the Council prior to the Joint Study Session. Commissioners Donovan and McKee accepted this amendment. With all members voting in favor of the amended motion, the motion carried. Consideration of City Charter Amendment to Eliminate Excess Language in Section 12.13 Commissioner Marofsky briefly discussed excess language contained in the City Charter for Section 12.13, Subds. 2-6. He explained this language is outdated and obsolete. Motion was made by Commissioner Donovan, and seconded by Commissioner Garst, to approve the language amendment and recommend the Ordinance be presented to the City Council for formal action. With all members voting in favor, the motion carried. Consideration of Issue to Change Mayor's Term of Office from 2 to 4 Years Assistant City Manager Ahrens requested the Charter Commission to review this item. She stated the Council noted that the Mayor has very similar legal duties as a Councilmember, and the cohesiveness and continuity of the Council could change every two years. Also, there is the expense of an election campaign every two years. In response to a question, she stated there is not a term limit. The Commissioners requested this item be discussed with the Council at the Joint Study Session when the mail ballot issue is discussed to determine the Council's reasons for proposing the issue. Consideration of City Court Issue Assistant City Manager Ahrens reported the item of city court didn't appear on the Council's list of legislative agenda items. Motion was made by Commissioner Willis and seconded by Commissioner Preus to decline studying this issue. With all members voting in favor, the motion carried. Proposed Charter Commission Minutes January 13, 2000 Page 3 of 3 Designation of Committee for By -Laws Review Assistant City Manager Ahrens stated it has been recommended that the Charter Commission's By -Laws should be reviewed. Commissioners Murphy, Marofsky, and Sipkins volunteered to review the By -Laws and present any recommended changes to the Charter Commission at the next meeting. Schedule Next Meeting Assistant City Manager Ahrens stated due to the Council's busy meeting schedule, a Joint Study Session with the Charter Commission probably couldn't be conducted until March. She stated she would inform the Commissioners of the Joint Study Session date once a date is selected by the Council. Adjournment Motion was made by Commissioner McKee, and seconded by Commissioner Thompson, to adjourn the meeting at 8:05 p.m. With all members voting in favor, the motion carried. City Clerk MINUTES OF THE REGULAR MEETING OF THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS December 21, 1999 CALL TO ORDER The December 21, 1999 regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by Manager Gross at 6:35 p.m. in the Community Room, Independence City Hall, Independence, Minnesota. MANAGERS PRESENT Pamela Blixt, Malcolm Reid, Monica Gross, Lance Fisher, James Calkins, Scott Thomas. MANAGERS ABSENT Thomas LaBounty. ALSO PRESENT District Administrator, Eric Evenson; District Technician, Jim Hafher; District Planner, Glenda Spiotta; District Consulting Engineer, Mike Panzer; Assistant District Counsel, Chuck Holtman. CITIZEN COMMENTS None. CITIZENS' ADVISORY COMMITTEE REPORT Rick Rohrer, Citizens' Advisory Committee, presented proposed CAC bylaws, a CAC report from its December 7, 1999, meeting, CAC recommendations on public meeting issues, and recommendations regarding the District's approach to large animal impacts. Manager Gross requested more specifics on the large animal recommendations. The CAC will continue work on those. Mr. Rohrer advised that the bylaws were approved unanimously at the CAC meeting and Board approval was being requested. In response to Manager Fisher's question, Mr. Holtman indicated that CAC members were to be appointed annually by the Board; that members must be residents of the watershed except for Soil and Water Conservation District and County representatives; and that the statute directs there to be at least five members. It was moved by Manager Thomas, seconded by Manager Fisher to approve the CAC bylaws. Manager Fisher asked if the bylaws should be amended to limit the number of CAC members to 11. Manager Gross pointed out that the Board originally had appointed Minutes December 21, 1999 20 members; Mr. Rohrer advised that there may be four or five members at a meeting, with different members attending each meeting. Manager Gross suggested that the bylaws not contain a limit, but that the Board could set a policy in the future if appropriate. Upon vote, the motion carried 4 - 0. Manager Fisher concurred in the first two large animal recommendations concerning education of large animal owners and developing databases of agencies working in the area and the services each provides. He suggested that the third recommendation, suggesting financial incentives, might be a future action. Manager Blixt arrived at this time. Mr. Rohrer stated that the basic recommendation is to pursue education and policy development rather than regulation, and that the financial incentives suggestion is longer term. Mr. Evenson remarked that other agencies were involved in education on these issues. Mr. Hafner noted that Carolyn Dindorf, Hennepin Conservation District, had spoken to the Board at an earlier meeting and that Marleane Callaghan now was working with the HCD on the EQUIP program. Manager Gross expressed concern about overloading staff with additional initiatives. Managers Fisher and Gross wished to emphasize to the CAC that the subject is important to the Board. Manager Fisher recommended involving horse and dairy groups in formulating an approach. Mr. Rohrer clarified that the CAC's recommendation of a non -regulatory approach concerned the operation, as opposed to design and construction, of large animal facilities. Manager Gross wished to make clear that the Board was not representing that it would or would not adopt regulations in the future, but she believed the CAC's recommendation did make sense. Manager Calkins noted that the District's approach would depend on how well other agencies are managing the issue. Mr. Evenson suggested that other agencies' enforcement focuses on large facilities only and normally is on a complaint basis. Managers Blixt and Fisher asked the CAC to work with Ms. Callaghan and other District staff to develop more detailed recommendations. Regarding the CAC recommendations on public meetings, Mr. Evenson noted that staff is now sending meeting packets to the CAC Chair and will bring a packet for the CAC representative to each meeting. APPROVAL OF THE AGENDA It was moved by Manager Fisher, seconded by Manager Gross to approve the agenda with the following amendments: Delete Item VII.A. - Ground -penetrating radar report. Add under VI.B - extension of legal services contract. 2 I Minutes December 21, 1999 Upon vote, the motion carried 5 - 0. APPROVAL OF MINUTES It was moved by Manager Thomas, seconded by Manager Calkins to approve the Minutes of November 23, 1999, and December 9, 1999. Upon vote, the motion carried 5 - 0. PUBLIC HEARING Wetland Mitigation Project. Manager Blixt opened the public hearing to consider wetland restoration projects within the City of Independence as necessary to provide mitigation for the Twin Lakes and Long Lake projects under the U.S. Anny Corps of Engineers permit and for additional wetland restoration. No public comments were offered. Mr. Hafner briefly described the two potential projects, one at the corner of County Roads 6 and 18 and a second at the corner of County Roads 6 and 83. The minor plan amendment has been sent to all agencies as required under the District's plan, and informational and public hearings have been held. BWSR supports the project and USCOE permits have been issued. The Hennepin County Board approved the amendment on November 30, 1999. Carver County has verbally communicated its approval. A conditional use permit was received from the City of Independence on December 20, 1999. Discussions with property owners regarding the District's acquisition of the necessary property rights have been underway for some time. Mr. Evenson reminded the Board that bid documents, project design plans and specifications and agreements with landowners all would come before the Board for approval. Manager Reid arrived at this time. It was moved by Manager Fisher, seconded by Manager Calkins to approve the proposed resolution ordering the project. Manager Gross noted her earlier concern as to language in the draft amendment suggesting that the District might sell the wetland credits in the future. Mr. Hafner advised that the reference had been deleted. Manager Reid asked Manager Calkins whether he still had concerns about the project contributing phosphorus to Painter Creek. Manager Calkins responded that at this time he was reasonably confident that the wetland would not be a phosphorous source and that there would be further study before the site Minutes December 21, 1999 was hydraulically connected to Painter Creek. Mr. Hafner noted that staff still was looking to construct the project during CY 2000. Upon vote, the motion carried 6 - 0. Manager Blixt closed the public hearing. CONSENT AGENDA Roger Anderson was present on behalf of Phillip Pillsbury for permit 99-278, in the event there were Board questions. It was moved by Manager Fisher, seconded by Manager Thomas to approve permit 99- 278 in accordance with staff recommendations and to authorize payment of bills for invoices 21899 through 21950. Upon vote, the motion carried 6 - 0. ACTION ITEMS Transfer of Fund Balances. Mr. Evenson introduced three resolutions included in the meeting packet for Board adoption. One resolution would close the water maintenance and repair fund (2002) and the survey and data acquisition fund (2001) and transfer balances to the Management Planning General Fund. The second would close out project funds for Grass Lake (4502), Long Lake Phase I and II (4501), Twin Lakes/Cedar Meadows (4509), and Gleason Creek Phase II (4505), and transfer balances to the Management Planning General Fund. The third would transfer funds from the Management Planning General Fund to eight separate operating funds within the Management Planning account. Mr. Evenson noted that the District's accountant was determining whether the Gleason Pond fund could be closed out to the extent it concerned a petitioned project. Manager Fisher asked that legal counsel be consulted as well. Manager Blixt asked whether the maintenance and survey funds simply could be spent down. Mr. Evenson noted that the survey fund has a negative balance, and that the water maintenance fund has a $75,000 balance that would be used, in the Management Planning fund, to fund project maintenance. It was moved by Manager Reid, seconded by Manager Thomas to adopt the three resolutions. Discussion ensued concerning the relation between the amounts to be transferred into the specific management planning funds and the FY 2000 budgeted amounts for those funds. Mr. Evenson advised that the amounts being transferred did equal the budget amounts for FY 2000, so that those funds with positive balances were projected to maintain positive balances at year's end.. 4 'J G Minutes December 21, 1999 Managers Reid and Thomas accepted an amendment to the third resolution revising the "BE IT RESOLVED" paragraph to read: "... into the amounts is equal to the District's year 2000 Budget expenditure amount ...." Upon vote, the motion carried 6 - 0. It was moved by Manager Fisher, seconded by Manager Gross to revise the agenda to consider Item VII.0 - Metropolitan Council Land Use Planning as the next matter. Upon vote, the motion carried 6 - 0. Metrot)olitan Council Land Use Plannin Jack Frost, Met Council Watershed Coordinator, and Tom Caswell, Met Council Sector Representative to Hennepin County Cities, spoke to the Board about Met Council watershed activities. Mr. Frost noted the statutory requirement for cities and townships to include for \fet Council review in their comprehensive plans a watershed district -approved local water management plan. Revisions to a district plan must be incorporated into a local plan within two years. Nevertheless, Mr. Frost noted, many localities do not have water plans. Manv within the District wish to simply adopt the District plan by reference but do not know what further requirements they must meet. Mr. Caswell distributed a chart identifying the status of each locality with respect to comp plan review. Mr. Frost outlined the Met Council's Smart Growth policy, which includes funding for developers and cities who will, for example, incorporate ordinance changes for setbacks, curb and gutter requirements and similar water resource protective measures into their plans. The Met Council also is sending a letter to localities to solicit interest in other Smart Growth programs that would use Met Council and LCMR funds. An application will be sent to the LCMR in January for CY 2001 funding. Projects like the Maplewood rain gardens have generated LCMR interest. Managers Fisher and Gross asked about the extent to which the Met Council works with cities on these issues. Mr. Frost responded that the Council has not systematically reviewed comp plans for water management features, but does direct cities to resources such as the Center for Watershed Protection. Mr. Frost also noted that the Council has contracted with the CWP to prepare a Best Management Practices manual for NPDES compliance, with engineering specifications and design criteria specifically for cold weather environments. This action was prompted by the NPDES Phase II regulations that the PCA will develop over the next three years and that will require each city with a population of more than 10,000 to obtain an NPDES permit. The manual will be completed during CY 2000. Minutes December 21, 1999 Manager Calkins expressed concern about cluster developments that are vulnerable to later local policy changes allowing infill. Mr. Frost suggested that the trend has been toward more stringency in maintaining open space, including local supermajority requirements to change designations. Manager Calkins also urged the Council to develop policies for reviewing the land use impacts of infrastructure projects such as the Highway 55 project and the development that will occur in conjunction with it. Mr. Frost advised that the Council was working with the City of Minneapolis on those issues. Manager Blixt noted that the Council's chart showed that Minnetrista, Victoria, and Long Lake had submitted their comp plans for review, even though they do not have approved local plans. Mr. Caswell responded that if the comp pian was submitted before June 1999, the Council did not require that the local plan be approved by the District. Manager Blixt suggested asking staff to provide recommendations on how cities can comply with District planning requirements, beyond adoption by reference. Manager Fisher does not wish to move toward a policy of allowing smaller cities to avoid water planning just because they are small. The Board agreed but Manager Thomas suggested that guidance was appropriate. Manager Reid concurred, noting that cities such as Spring Park need to move over time to correct past development approaches that were not sound from a water resources perspective. Managers Reid and Gross emphasized the need to coordinate with the Met Council in its already extensive dealings with localities. Manager Thomas also suggested that the District's approach follow the curve of NPDES implementation so that the District's approach with cities of less than 10,000 population would be consistent with the NPDES approach. Manager Fisher also raised the possibility of the Council's exercising regional authority to cover gaps in NPDES coverage. Manager Blixt directed staff to develop recommendations as to how smaller cities can meet local plan requirements. Staff were directed to communicate with the Council during the process. Manager Fisher asked how much leeway a smaller city could be given with respect to compliance with the District's plan requirements. Mr. Holtman advised that it should be considered on a case-by-case basis by looking at the specific requirement and the flexibility afforded by the language of the plan. Mr. Caswell suggested that the cities' main concerns are lack of expertise and the cost to retain that expertise. Manager Calkins believed that more specifics were needed from the cities and also asked that the Council redirect inquiries to the District so that the District could be advised of the specific plan requirements that were causing a concern. Mr. Evenson advised that District staff would review the District plan, identify the requirements alleged to be burdensome, communicate with the cities in question and report back to the Board. Minutes December 21, 1999 date on MnDOT Route 55 Project. Mr. Hafner advised that he and Kelton Ban- would be meeting tomorrow with MnDOT representatives concerning the groundwater monitoring plan. Mr. Panzer recommended that temperature and phosphorus be added as water quality sampling parameters, suggesting that both parameters are useful in identifying the groundwater source. Mr. Hafner advised that he would ask MnDOT to add these parameters. Summary of Recommendations from Breakfast Meetings. Mr. Evenson distributed to the Board a memorandum prepared by Cynthia Krieg summarizing discussion at the breakfast meetings. Generally, the cities believe the District is on track. They would like better communications with the District and would like more empowerment of District staff so that cities can rely more confidently on the results of discussions with staff. Extension of Legal Services Agreement. It was moved by Manager Fisher, seconded by Manager Reid to extend the legal services agreement with Smith Parker, PLLP, on existing terms pending the Board's biennial legal services review. Upon vote, the motion carried 6 — 0. Pamela Lake Draft Cooperative Agreement. Ms. Spiotta advised that pursuant to Board direction, a draft cooperative agreement was included in the packet. Staff is seeking Board guidance on the cooperative agreement and requesting the scheduling of a hearing on the minor plan amendment. She noted that two issues have arisen that will delay the project somewhat: the requirement of an Environmental Assessment Worksheet prompted by the proposed dredging of Pamela Lake, and the lapse of the PCA general permit for dredged material disposal, thus requiring a full permit process that could take six months. The Board concluded that it was not necessary to schedule a hearing on the plan amendment at this time. Manager Reid suggested that under the agreement, the District should design the project and the City should obtain permits and act as the general contractor. The District would commit a lump -sum to the project and would specify project milestones with a retained pa}ment pending project completion. Manager Thomas agreed with the lump -sum concept, but did not object to the City designing the project as well, provided the District had approval authority. Manager Fisher believed that it would be easier to determine the lump -sum amount if the District did the design. Mr. Panzer concurred that if the City designed the project, the Board could not set the project cost until the design was completed. 2 Minutes December 21, 1999 Mr. Evenson stated that the City's expense is limited to the provision of parkland and the cost of amenities such as trails. In response to a question from Manager Gross, lie advised that the City indicated it would be responsible for long-term maintenance if the District funded it. He suggested that the District justifies major maintenance costs in part on the reasoning that major maintenance pertains to the project's regional benefit, whereas ordinary maintenance is more closely related to the local amenity value of a project. Mr. Calkins asked about the regional nature of the project. Mr. Panzer advised that it would treat a drainage area somewhat equivalent to that treated by Calhoun Ponds. Manager Calkins suggested that the project had a higher local value to the City than, for example, a regional pond that was not incorporated into a community or public parkland. Manager Thomas concurred that the project did have auxiliary benefits to the City and that there was some justification for the City to bear certain costs. Manager Reid summarized a proposed approach to the project: The District designs, the City constructs, the District provides a fixed sum with milestones and a retained payment, and the City acts as project coordinator. Manager Gross indicated that she did not necessarily agree with the notion of a fixed payment; an alternative would be for the District to design the project and to pay its cost, with appropriate means of oversight for cost accountability. Manager Fisher suggested, as an alternative, that the District could specify a lump sum but allow in the agreement for a deviation from that sum within specified limits. Staff was directed to further discuss these options with the City. ADJOURNMENT There being no further business, it was moved by Manager Reid, seconded by Manager Fisher to adjourn the meeting of the Board of Managers. Upon vote, the motion carried 6 - 0, and the meeting was adjourned at 10:05 p.m. Respectfully submitted, Lance Fisher Secretary MINUTES OF THE SPECIAL MEETING OF THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS January 6, 2000 CALL TO ORDER The January 6, 2000 special meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Blixt at 6:45 p.m., in the Raspberry Room, Hopkins City Hall, Hopkins, Minnesota. MANAGERS PRESENT Pamela Blixt, Monica Gross, Lance Fisher, James Calkins, Scott Thomas. MANAGERS ABSENT Malcolm Reid, Thomas LaBounty. ALSO PRESENT District Administrator, Eric Evenson; District Technician, Jim Hafner; District Consulting Engineer, Mike Panzer; Assistant District Counsel, Chuck Holtman; Special District Consultant, Erica Gross. STATUS OF MNDOT COMPLIANCE WITH GROUNDWATER MONITORING CONDITION OF PERMIT 99-087 (HIGHWAY 55). Manager Blixt stated that the purpose of the hearing was to consider MnDOT compliance with the requirements of Paragraph 23 of Permit 99-087, requiring MnDOT to monitor groundwater during and after construction in accordance with a monitoring plan approved in writing by the District. Manager Blixt summarized the correspondence to date, including the draft monitoring plan transmitted by MnDOT to the District on July 23, 1999; October 21, 1999, correspondence from the District to MnDOT; a December 1, 1999, letter from the District requesting changes to the plan; and a December 20, 1999, letter from the District, with a December 16, 1999 Kelton Barr memorandum attached, specifying the contents of the plan for MnDOT compliance. This last correspondence requested seven well nests and monitoring at three DNR piezometers near the protected seeps, with installation to be completed by January 6, 2000. MnDOT representatives present were Daniel Dorgan, Don Peterson, Scott Reed, Chuck Howe, Valerie Svennson, and William Sierks and Brent Vanderlinden from the Attorney General's Office. Minutes January 6, 2000 Kelton Barr summarized the contents of his December 16, 1999 memorandum, Outlining the rationale for each of the recommended wells and piezometers. He proposed that each of the seven well nests include a well in the basal sand and one within the limestone formation. His general rationale, which he characterized as "vigorous but reasonable," was to locate monitoring stations to correlate with existing or recent stations in the gorge seeps. Three such stations have been established by the DNR, so three wells have been recommended near the bluff line to correlate with those wells. Mr. Barr noted that his December 16, 1999 memorandum outlines the further reasoning for each well nest, including installations near existing or previous wells to give continuity to water sampling data. For water quality monitoring, Mr. Barr selected the parameters presently being used for the spring and seep monitoring. The focus of the monitoring is to observe any impacts within the shallow groundwater- as it may be related to the seeps. Mr. Barr noted that a ground -penetrating radar study has been done between Minnehalla Avenue and the bluff, and that he expects the report to be in hand in about a week. The report would be used t0 help establish final locations Of wells 2 through 5. Mr. Hafner summarized the November 18, 1999 meeting between MnDOT and District representatives. The District indicated potential groundwater concerns relating to roadway sub -cutting, sewer line installation, grit chamber installation, tunnel dewatering and tunnel construction. These were discussed, and MnDOT agreed to provide further information to allow the District to assess its concerns. The District has received the material and is reviewing it. On December 22, Mr. Hafner and Mr. Barr met with MnDOT representatives to review the monitoring plan specifications provided by the District. The District also requested that temperature and phosphorus be added as water quality analytical parameters. MriDOT advised that it would install three well nests and that it could begin construction by January 19, 2000, a date that included time for obtaining the required permits. Since that meeting, the parties have determined that the Minneapolis Parks and Recreation Board does not oppose the wells, but wants flush - mounted wells for aesthetic and safety reasons. This requires a variance from the Minnesota Department of Health, which may take longer than an ordinary approval. Mr. Dorgan related that MnDOT had received the District's December 20, 1999 letter and met with District representatives within two days thereafter. He agreed that two ,vells had been lost during tunnel construction, corresponding to Mr. Barr's numbers 2 and 6, and MnDOT understood the need to replace them to provide information on draw -down. The other sites, however, are on the bluff and further back within the watershed and, MnDOT believes, are more related to a general District groundwater study. MnDOT's view is that the best way to monitor the impact on the seeps is to monitor at the seeps. As a goodwill gesture, MnDOT offered to install one additional well in the location of Mr. Barr's well number 4. MnDOT has applied to the MPRB for permits for two of the wells, while the third is on MnDOT's right-of-way. Mr. Dorgan further noted that three of the four tunnel footings have been constructed and no impacts on seeps have been noted. He a Minutes January 6, 2000 suggested that January 19, 2000 was his best guess of a date by which installation could begin. Mr. Howe noted that the City was exercising delegated well approval authority from the Minnesota Department of Health, and therefore would be the body to issue the variance for flush -mounted wells. MnDOT has not yet received the application from the City. Manager Blixt clarified that the elements of the Board's determination would include a finding as to whether MnDOT was in compliance with Paragraph 2.B of the Permit, the number and location of monitoring wells required, and the deadline for well installation. Mr. Barr advised that it appeared that MnDOT's focus in suggesting that three wells was sufficient was on impacts from tunnel and bridge construction. The District is also concerned about the storm sewer runs which will go into bedrock and therefore potentially disrupt groundwater flows along their length. He concurred that the District could just observe the seeps, but if there is no basis for comparison, the observations cannot be related to the construction activity. A well between the road and a seep provides a better means of observation and also provides information on what might be done to remedy a problem if it occurs. An example would be retrofitting to alleviate a french drain phenomenon through the storm sewer bedding. Monitoring wells Nvithin the construction area are a fairly inexpensive way to obtain that information. Also, a control well upgradient from construction is necessary and the recommended well, designated as number 7, provides a better context for observing the potentiometric flow pattern in the area. Manager Fisher concurred that MnDOT's response appears to be based on its impression that dewatering is the only potential concern. Mr. Dorgan asked where the line was to be drawn between monitoring potential project impact and providing information as part of a broader groundwater study of the area. MnDOT is not concerned with storm sewer effects because of backfill permeability and for that reason has concluded that the District's request is more in the nature of a ground,,vater study. MnDOT's proposal is directed to observing the effects of tunnel and bridge dewatering. Manager Gross responded that Mr. Barr advised that there is a potential for other impacts and the District does not wish to wait until there is an impact to start gaining information that would define the impact and a proper response to it. Mr. Reed again presented MnDOT's view that the bedrock impacts beyond dewatering will be fairly minimal, with the deep structures tying into existing structures mostly in unconsolidated soils. He also emphasized that MnDOT would be doing no blasting. Mr. Barr noted that the hydraulic connectivity between the surface and the St. Peter sandstone has not been precisely ascertained. His work so far has largely used and synthesized existing information. In addition, he has conducted several inspections of the bluff area. It is true that the base of the bluff within the St. Peter is a regional discharge point Nvithin the St. Peter formation. But he also has observed a close correlation Minutes -r -- ?, .January 6, 2000 between the locations of the seeps and the locations of pronounced vertical joints and erosional ravines in the bluff running from the sandstone up into the Platteville formation. This appears to be focused recharge at the bluff edge from the Platteville and drift. Mr. Barr thus believes there is evidence to support the view that water from the shallow aquifers in the project area is promoting mounding at the seeps. In response to Manager Fisher's question, Mr. Barr concurred that the analysis of drawdown has strengthened his appreciation of the importance of the joints in conducting groundwater. To Mr. Ban-, the joints have been shown to be anomalies that are important to flows in the St. Peter. The pumping test results correlate well with what is known as to the jointing. Also, a survey of the upper bluff in early December showed a number of seeps along the lip in the Platteville formation that probably are contributing through the colluvium to the seeps at the base of the bluff, a phenomenon that could be affected by construction activity independent of flows through the St. Peter sandstone. The relative contributions of these flows is unknown. Mr. Barr concurred that the District largely has concluded that the roadway sub -grade excavation is not a substantial concern, but excavation into the Platteville such as for the storm sewer remains an issue. Accordingly, Mr. Barr feels that the monitoring plan he has recommended is a modest approach. Mr. Howe concurred that there was a basis for Mr. Barr's conclusions. However, lie did not think that the pumping test showed a correlation with leakage into the sandstone. Notwithstanding, the test did show higher conductivity in the Platteville associated with joints. He noted that the magnitude of the dewatering impact for the stone sewer would be much less than that for the tunnel, and that the tunnel dewatering produced no evidence of impact. He felt that a small amount of bedrock intrusion above the groundwater table would not make a big difference in potential impacts. In response to Manager Fisher's question, Mr. Peterson suggested that the potential for groundwater diversion along the sewer line would be minimal due to the shallow slope of the line. Mr. Reed estimated the cost per well to be $3,000 to $5,000. Manager Blixt asked whether cost was the issue for MnDOT. Mr. Dorgan responded that it was partly the issue. Also, MnDOT was concerned with taking crews off work elsewhere and, as expressed, the feeling that MnDOT was being asked to do a general groundwater study for the District. Manager Gross reminded MnDOT that in issuing the permit, the District assumed the obligations to perform and pay for a groundwater study that it believed MnDOT should have done. She stated that the requested monitoring was not part of a District study but was to protect the groundwater resources from construction impacts. Manager Calkins added his concurrence in the view that MnDOT should have done the groundwater work before the permit process commenced. He further noted that MnDOT stated during the permit proceedings that there was no groundwater connectivity between the Platteville and St. Peter formations, that there were no vertical fractures and that there was no groundwater connection across Minnehaha Creek. The District since has learned the contrary, Manager Calkins stated, but it appears that in its emphasis on dewatering, MnDOT still is not wholly recognizing the District's concerns. Manager Fisher asked 4 Minutes 2q, January 6, 2000 whether MnDOT disputed Mr. Barr's hypothesis of a connection to the sandstone. Mr. Howe responded that there will necessarily be some leakage, but the question is how much. He referred the Board to the observations of Chuck Nelson, who felt that the fractures are not particularly continuous between the limestone and sandstone formation or else one would not expect to find a perched water layer. Also, Mr. Howe examined one seep that was not far above the level of the river, and therefore might well be controlled by the river level. Mr. Barr estimated the groundwater level in the black ash seep to be 10 to 20 feet above the river level. As to Mr. Nelson's observations, Mr. Barr suggested that the perching is due to the Glenwood shale layer that exists throughout the area, and in the larger sense is an effective barrier. But if there is a connection anywhere, it is likely that it is here in the most weathered bluff area where the joints in the rock, including the shale, are larger. He noted that the joints in the St. Peter may not line up exactly with the Platteville joints, but that there are a number of joints in the Platteville that contribute significantly to Platteville permeability. Further, Mr. Barr noted, localized water also appears to feed the seeps by exiting the Platteville formation at the edge of the bluff and moving through the colluvium to the base. Manager Fisher stated the issue to be whether there is a plausible chance of impact and whether the monitoring wells would help guard against these impacts at reasonable cost. Mr. Vanderlinden again pointed to the failure to observe any impacts from tunnel deNvatering. Mr. Barr noted that the observations were drawn from one piezometer at the seep with monthly water quality sampling. While no water quality impact was shown from the drawdown, the monitoring could not provide evidence on any change in the rate of discharge from the seep. Mr. Peterson noted that it was he who proposed three wells rather than seven. His reasons include wisely spending public dollars; the fact that MnDOT has removed and will further remove contaminated water and soils as a part of the project; the risk of causing damage from well drilling; and the further risks associated with the presence of a well and the need to abandon it properly. He further noted that what MnDOT predicted would occur during tunnel dewatering is what occurred, and that the drop shaft at 52°d Street is likely the only deep intrusion that will occur. He suggested that a two week delay in monitoring would not be significant at this time of year. Manager Fisher asked whether any members of the Board would consider sharing the cost of the wells. Manager Thomas responded that under the permit, MnDOT is to conduct the monitoring plan. He noted that both the District and MnDOT were funded by taxpayer dollars and that the District already has paid to hire Mr. Barr for the hydrogeological investigation. Mr. Panzer noted, to clarify Mr. Reed's earlier statement, that well installation cost was $3,000 to $5,000 per well nest, not for each well. Manager Thomas believed that time was of the essence in order to generate useful background 5 Minutes January 6, 2000' 2 that the District may take additional samples as it wishes; and (i) MnDOT will perform a quarterly sampling round as soon as the wells are installed. Upon vote, the motion carried 5 - 0. A member of the public, identifying himself as the Cultural Chair of the Mendota community, asked whether the District had the authority to annex areas outside of its current boundaries.. Mr. Evenson responded that the Minnesota Board of Water and Soil Resources makes such decisions pursuant to a petition process that is outlined in the statutes. Monica Gross left at this time. WETLAND RESTORATION PROJECT. It was moved by Manager Thomas, seconded by Manager Fisher to approve the staff recommendation for an approach to acquiring the Carlson property for wetland restoration. Upon vote, the motion carried 4 - 0. ADJOURNMENT There being no further business, it was moved by Manager Thomas, seconded by Manager Fisher to adjourn the meeting of the Board of Managers. Upon vote, the motion carried 4 - 0, and the meeting was adjourned at 9:55 p.m. Respectfully submitted, Lance Fisher, Secretary 0 Minutes January 6, 2000— Z eL- the District to determine for itself essentially within the same time frame as MnDOT whether there was a potential concern. Mr. Holtman further noted that under Paragraph 2.1) of the pen -nit, the District retains its authority to request MnDOT action whenever the District has concluded that there is a likelihood of a material adverse impact. In response to Manager Gross' concern that the proposed approach might be read as a waiver of the District's authority, Mr. Holtman suggested that the order include a statement that the District retains its authority under Paragraph 2.1) to determine when there is a potential concern and to request MnDOT action. In response to a suggestion from Mr. Panzer, Managers Fisher and Gross amended the motion to include in the order a provision requiring MnDOT to advise the District before competent rock is disturbed. Mr. Peterson noted that MnDOT already does this. Also in response to Mr. Panzer's suggestion, Mr. Reed agreed that MnDOT would provide to the District a key to each monitoring well cap so that the District, as it might wish, could obtain water samples in addition to those taken by MnDOT under the plan. Mr. Panzer also suggested that MnDOT's first quarterly round of samples be taken as soon as the wells are installed. Managers Fisher and Gross agreed to all amendments. In response to a question from a member of the public, Manager Blixt advised that MnDOT was not being required to stop work until the wells were installed. For clarification of the condition in the order, Mr. Barr read the operative definition of "competent rock" from the MnDOT specification, as follows: "Solid intact rock such as Platteville limestone, large boulders, and thick layers of limestone floats that are larger than 0.4 cubic meters and cannot be excavated with typical equipment used for excavating soil on this size of project." Manager Calkins asked whether the rock removed from the bridge area would have met this definition. Mr. Barr was not certain. Mr. Peterson noted that MnDOT advised the District in any event and will continue to notify the District as the District wishes. Mr. Holtman recited the proposed motion as including the following terms: (a) the Board finds that MnDOT is not in compliance with Paragraph 2.B until such time as it has completed well installation and has begun to implement the groundwater monitoring plan approved at this time; (b) the MnDOT monitoring plan, consisting of the July 23, 1999, plan as amended to meet the tenns of Mr. Barr's December 16, 1999, memorandum, is approved by the District; (c) well installation will be completed by February 24, 2000; (d) the District will approve final well locations and installations; (e) monitoring data will be provided to Mike Panzer and Kelton Barr on a monthly basis by e-mail, and more frequently or in another form as the District may request; (f) the District retains its authority under Paragraph 2.D to request MnDOT action if it determines there to be a likelihood of material adverse impact on groundwater from the construction; (g) MnDOT will notify the District before any excavation of competent rock, defined as stated earlier by Mr., Ban-; (h) MnDOT will provide a key to the monitoring well caps to the District so Minutes January 6, 2000 provided that the District could request that the data be transmitted in a more expedited fashion if necessary. Mr. Sierks wished to state for the record that MnDOT does not agree that it is now in violation of the permit. Mr. Holtman advised that MnDOT's position would be noted but that the Board itself would need to make a finding of violation as a basis for its issuance of an administrative order. He noted that the permit does require the District's written approval of a monitoring plan before construction and that until such time as a plan were so approved and being implemented, the Board would have a basis to find that MnDOT was not in compliance with the permit. Manager Calkins emphasized the fact that the District has never approved the plan. Manages- Blixt asked whether March 1 was a reasonable date to complete installation. Manager Gross and Mr. Panzer felt that the installations might be accomplished more quickly. Mr. Vanderlinden suggested that MnDOT believed one well nest per week to be a fair installation time, in addition to the time needed to obtain permits. Mr. Dorgan suggested that further information about pennitting times would allow MnDOT to form a more precise estimate. Mr. Holtman advised the Board that it could set a deadline in the administrative order or it could provide in the order that the date would be set at its next meeting on the basis of a MnDOT report and a staff recommendation. Managers Blixt, Gross and Thomas stated that they preferred to set a date at this time. Mr. Peterson raised the possibility of paying the District to have the wells installed, but Mr. Dorgan believed the paperwork to do so would be complicated. After- discussion, February 24, 2000, the date of the Board's second February meeting, was selected. Manager Fisher indicated that if MnDOT could not meet that date, it should come before the Board again. Mr. Dorgan assented. It was moved by Manager Fisher, seconded by Manager Gross to issue an administrative order providing as follows: (a) the Board finds that until the wells are installed in accordance with the approved plan and monitoring commences, MnDOT is deemed in noncompliance with the permit; (b) the July 23, 1999 proposed plan is deemed approved as modified consistent with Kelton Bares December 16, 1999 memorandum; (c) the District shall approve final well locations and well installations; (d) installation shall be completed by February 24, 2000; and (e) data shall be provided to Mike Panzer at Wenck and Kelton Barr at Kelton Barr Consulting on a monthly basis by e-mail and more frequently or in a different form as requested. Manager Gross asked about the portion of the permit condition requiring the plan to state criteria for remedial action. Mr. Holtman clarified that the condition did not require MnDOT to specify what remedial action would be, but to set criteria for when MnDOT would be required to notify the District of a potential problem. The difficulty of setting actual quantitative standards led to the alternative approach of requiring MnDOT to provide the complete monitoring data to the District as quickly as possible, thus allowing 7 Minutes January 6, 2000 data. His impression was that MnDOT is merely taking a stand on principle and that if MnDOT itself had a concern, it readily would spend $10,000 to $20,000 to address it. Mr. Sierks noted that under Paragraph 23, MnDOT was to cooperate with the District and the DNR, suggesting that it was not inappropriate for the District to provide some funding for the monitoring. Mr. Evenson reemphasized that the permit required MnDOT to obtain the District's monitoring plan approval in writing before construction, which it has not done. Manager Gross stated that she did not understand the permit condition to shift the responsibility for monitoring from MnDOT. Ms. Svennson responded that in early August she had contacted the DNR for comments, that she knew the DNR had contacted the District and gotten no response, and that the DNR then had approved the plan. Manager Fisher responded that the permit was quite clear that explicit District approval was required. After a break, Mr. Peterson advised that MnDOT would agree to install and monitor the wells as specified in Mr. Barr's memo. He noted that installation would require City approval as well as delivery of flush ground mounts, which are not carried as a stock item. He noted that well number 7 may require special approval, but that MnDOT would obtain it. Finally, he observed that the well on MnDOT property would not require a flush mount and therefore MnDOT immediately would seek the City permit and begin installation of that well. Mr. Barr agreed to visit the site to approve specific well locations. There was further discussion about the date for well installation. Mr. Dorgan noted that MnDOT's mid-February installation date assumed three wells. Manager Fisher asked MnDOT about the possibility of installing non -flush mount wells and later converting them to flush mount. Mr. Reed indicated that physically this could be done, but that the MPRB might object. Manager Fisher asked him to pursue the possibility. Mr. Panzer asked whether MnDOT might contract out the well installation in order to expedite the process. Mr. Howe responded that it was not always quicker to contract for the work. Manager Fisher asked whether the monitoring plan would require MnDOT to notify the District before any bedrock disturbance. Mr. Holtman responded that Paragraph 2.E of the permit limited MnDOT to bedrock excavation only as specified in the plans. Other excavation would need to come before the Board for approval. Bedrock excavation in accordance with the plans would be disclosed to the District through the weekly construction meetings and other ongoing communications. Ms. Svennson advised that MnDOT has been collecting monitoring data but has been uncertain as to how frequently the District wishes to receive it. Mr. Reed noted that the data typically are collected monthly and that MnDOT can e-mail the data to the District. Mr. Evenson asked that copies be sent to both Mr. Barr and Mr. Panzer by e-mail. Mr. Barr stated that he would prefer MnDOT to compile and transmit the data monthly, 3 MINUTES OF THE REGULAR MEETING OF THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD OF MANAGERS January 13, 2000 CALL TO ORDER The regular meeting of the Minnehaha Creek Watershed District Board of Managers was called to order by President Blixt at 6:30 p.m. on Thursday, January 13, 2000, at the Minnetonka City Council Chambers, Minnetonka, Minnesota. MANAGERS PRESENT Pamela Blixt, Malcolm Reid, Lance Fisher, Monica Gross, James Calkins, and Scott Thomas. MANAGERS ABSENT Thomas LaBounty. ALSO PRESENT District Administrator, Eric Evenson; District Field Technician, Jim Hafner; District Engineer, Mike Panzer; and District Counsel, Louis Smith. CITIZEN COMMENTS None. APPROVAL OF THE AGENDA Mr. Evenson noted that the ground -penetrating radar report was not yet available, but there were several Highway 55 construction issues to discuss under Item VII -A on the agenda. Manager Fisher requested that meeting start time be included under Item VII -G on the agenda. It was moved by Manager Fisher, seconded by Manager Calkins to approve the agenda with these changes. Upon vote, the motion carried. CONSENT AGENDA It was moved by Manager Reid, seconded by Manager Fisher to approve the consent agenda, including Permit 99-276 Fulton Elementajy School (Minneapolis). Upon vote, the motion carred. -ZF Minutes January 13, 2000 99-195 Paul Pond Erosion Control and Shoreline Improvement (Mound). Mr. Panzer reviewed the project, noting that lie had changed his recommendation since preparing the staff report. He now felt upon reviewing the project further that it would be better constructed with a lakeward extension of 9.5 feet as requested. He explained that this change was based upon the severe shoreline erosion and steep slope at the site. Manager Fisher inquired how the ordinary high water mark would be staked at this site. Mr. Panzer said that this would be left to the contractor and inspected by District staff. Mr. Panzer also noted that the staff further recommended that crown vetch groundcover not be used at this site as proposed, because it is considered by the DNR to be an invasive species. An alternative groundcover should be selected. Mr. Paul Pond appeared before the Board of Managers. He stated that there had been significant erosion at the site and he had lost a significant amount of his shoreline bank. He therefore needed to go out 9.5 feet in order to construct the job properly. He said that lie felt his property had the steepest slope on Lake Minnetonka, and he also noted that none of his neighbors opposed the project. He stated that it had been approved by the City of Minnetrista. Manager Thomas inquired of the contractor how and when the work would be performed. Mr. Steve Spartz of Landview Landscaping appeared before the Board of Managers, noting that the work would be performed in the winter, with a chainsaw cutting through the ice and the riprap installed with excavation. It was moved by Manager Fisher, seconded by Manager Thomas to approve the permit application with an extension lakeward of 9.5 feet; provided that the crown vetch groundcover would not be used; and that there would be no earth moving until the OHW is staked and inspected by MCWD staff. Mr. Panzer noted that this site is quite different from other shoreline projects considered by the District in the past. The shoreline bank is extremely high and has experienced severe erosion problems, creating special circumstances justifying a further extension lakeward. Manager Reid inquired how the shoreline improvement would be contoured with the shorelines of adjacent property owners. Mr. Panzer stated that it should be blended and not sharply protrude into the lake by contrast. Manager Reid suggested that the contour lines be confirmed by the staff and further inspected on site to ensure conformance with the natural appearance of the shoreline. Manager Gross stated that while she was comfortable with this project's dimensions given the severe upland erosion, it is important that the natural appearance of the shoreline be preserved. Minutes January 13, 2000 Steve Spartz appeared again before the Board of Managers saying that he felt that crown vetch would be the best groundcover to use at this site. Manager Calkins said that he disagreed, noting that crown vetch is an invasive species, and that there are many other plants that could be a suitable substitute, such as the dwarf bush honeysuckle. Manager Reid suggested that the plant be selected such that it can protect against erosion through a pervasive root structure. This requirement was added to the proposed motion as a friendly amendment with the approval of Managers Fisher and Thomas. Upon vote, the motion as amended carried. 99-239, Dwight Post Erosion Control, Stormwater Management (Maple Plains). Mr. Panzer reviewed the project as set forth in the staff report, noting further that a pond maintenance agreement should be required for the detention pond. Manager Calkins asked whether sweeping of the parking lot would be an appropriate BMP in lieu of a detention pond. Mr. Panzer said that he felt that the detention pond with an elevated outlet is adequate, although sweeping would certainly decrease pond maintenance requirements. Mr. Panzer noted further that the pond would likely need to be maintained through excavation every three to five years, and the maintenance provided that such dredging is required when the pond reaches 50% of its treatment capacity. Mr. Smith inquired of whether the District's wetland rule would require a buffer around any remaining wetland. Mr. Panzer said that the project would completely fill in the wetland, so that no buffer is needed. He noted that the wetland was an incidental wetland and exempt from the Wetland Conservation Act. Following discussion, it was moved by Manager Reid, seconded by Manager Calkins to approve the permit as recommended by Mr. Panzer. Upon vote, the motion carried. 99-286 Peter Ryskamp Floodplain Alteration (Tonka Bay). Mr. Hafner noted that this is an after -the -fact permit application for a floodplain alteration. Manager Gross suggested that the application should not be approved until the conditions are met and Rule J fees should continue to run until the matter is resolved. It was moved by Manager Gross, seconded by Manager Fisher to table the application. Upon vote, the motion carried. EXECUTIVE SESSION The Managers adjourned to executive session to discuss the Mn -DOT Highway 55 litigation. Highway 55 Project Status Report. Mr. Evenson and Mr. Hafner referred the Board of Managers to letters from MnDOT dated December 28, 1999 and January 13, 2000, requesting the District's consent in Minutes January 13, 2000 T proceeding with construction of grit chambers and the installation of a sound wall. Mr. Hafner explained that MnDOT is anxious to proceed with these items due to time considerations in the construction schedule. Manager Fisher noted the restriction on sub - cutting of the bedrock prior to April 15, and noted that the groundwater concern was the basis for this restriction in the permit. He asked Mr. Panzer to address this issue. Mr. Panzer noted that the grit chamber construction has always been a groundwater concern. He recommended addressing this by inspection at the installation to assure that no groundwater paths are affected. Mr. Panzer noted further that the two letters from MnDOT seem to conflict regarding whether excavation in the bedrock was necessary for construction of the sound walls. Mr. Evenson recommended that these issues be reviewed by Kelton Barr prior to action by the Board of Managers. He noted that the ground -penetrating radar report would be available shortly, and could assist with this analysis. Manager Calkins said that he felt that inspection at installation was not sufficient, because damage could be done with excavation. He also supported waiting for Kelton Barr's review of these proposed items. Following discussion, it was moved by Manager Fisher, seconded by Manager Reid to table action on the grit chamber installation request until the next meeting on January 20, to allow for Kelton Barr to review this request and offer his opinion on any possible impacts to groundwater resources. Upon vote, the motion carried. The Managers proceeded to discuss the noise wall installation further. Mr. Panzer noted the potential to block shallow groundwater flows. The Managers directed that Mr. Barr also review this request prior to next week's meeting. Ms. Susu Jeffrey appeared before the Board of Managers stating that she felt the District had obtained an inadequate baseline of groundwater flow data, and that future monitoring would be compromised. Manager Calkins and Manager Reid stated that they regretted the permitting of the construction to proceed in light of the inadequate information available, and the various facts which turned out not to be as MnDOT had represented them. Manager Fisher and Manager Thomas said they shared this regret, but felt that to date there was inadequate evidence on which to base a halt of construction. Ms. Lynn Levine appeared before the Board of Managers and stated that she was concerned with various misrepresentations of fact by MnDOT to a number of different regulating agencies. District Boundary Change. Mr. Evenson reported on discussion of several possible boundary changes for the watershed district. These possible changes include the previously discussed boundary 4 Muurtes January 13, 2000 change with the Bloomington/Richfield Water Management Organization, as well as proposals to bring the Coldwater Springs area and the Twin Cities International Airport within the Minnehaha Creek Watershed District's jurisdiction. The Managers noted a number of issues, concerning whether the proposed areas drain hydrologically to Minnehaha Creek, to the Mississippi River, or to the Minnesota River; they also discussed the fact that some of these areas are without any watershed management jurisdiction at this time. The Managers also noted that some of the areas under consideration are largely state or federal land which may present particular legal issues. It was moved by Manager Reid, seconded by Manager Calkins to direct the staff to develop a petition for bringing the Coldwater Springs area into the Minnehaha Creek Watershed District. Mr. John Steinworth appeared before the Board of Managers stating that he had worked for several weeks on developing a citizens' petition to bring the Camp Coldwater area within the MCWD. He stated that he was very concerned about the groundwater issues for Coldwater Springs and the lack of any other management at the present time. Following discussion, Managers Reid and Calkins amended their motion simply to direct the staff to explore all of the proposals for boundary changes and report at the next workshop meeting on various options and rationale for and against various proposed changes. Mr. Steinworth urged the Managers to focus simply on the Camp Coldwater issue as a simple matter of addressing an unprotected area which could be put under the jurisdiction of an adjoining "steward." There being no further discussion, upon vote, the motion carried. 60`h and ls` Proiect. Mr. Evenson provided a status report on this project. Enforcement. Mr. Hafner reviewed the spill of a barrel of frying oil from Highway 55. He discovered that the spill had been cleaned without any drainage into the Creek. Manager Blixt noted that this suggested it would be prudent to explore the existence of highway spill containment plans as they may affect Minnehaha Creek. NEW BUSINESS It was moved by Manager Fisher, seconded by Manager Reid that the meetings of the Board of Managers start from now on at 6:45 p.m., rather than 6:30 p.m. Upon vote, the motion carried. -- r Minutes January 13, 2000 CONTINUANCE OF MEETING Managers continued the meeting for the purpose of discussing the Highway 55 Project to next Thursday, January 20, 2000 at 6:45 p.m. in Minnetonka City Hall. There being no further business, the meeting was recessed at 10:50 p.m. Respectfully submitted, Lance Fisher Secretary APPROVED ENVIRONMENTAL QUALITY COMMITTEE MINUTES - MEETING No. 90 Tuesday, December 1, 1999, 6:00 p.m. Members Present: Kathy Marshall, Karen Haht, Charles Woodruff, Connie Fortin, Warren Tuel Members David Shea, Terri Goodfellow -Heyer Absent: Others/Staff Shane Missaghi, Staff Present: Sandra M. Walline, Volunteer Secretary Ginny Black, City Council Liaison Fred Moore, Director of Public Works John Barten, Hennepin Parks Guests: No guests were present. Mr. Missaghi led a review of proposed Alternative Landscaping Grant application projects and discussed the Water Quality Grant application guidelines. Call to Order: Ms. Marshall brought the meeting to order at 7:45. It was moved by Ms. Haht, seconded by Mr. Tuel and unanimously approved by the committee that minutes from meetings 88 and 89 be approved. Comprehensive Plan Update: Mr. Moore gave an overview of the urbanizing of northwestern Plymouth and reported on Council action to date. He stated that there would be a joint meeting on December 14`h at 7:00 p.m. Water Plan: It was pointed out by Mr. Moore that the only maior change in the Water Resources Management Plan was a change on page 66 to provide a uniform citywide regulations. He further pointed out that all watershed approvals have been received and they would be going to the Council for final approval in December. Liaison: Mr. Missaghi recommended that the committee appoint liaison members to act as project leaders in future planning. Alternative Landscaping: Members had reviewed the grant applications prior to the meeting being called to order. Discussion was held on the merits of the 17 applications and the amount of each grant. A motion was made by Ms. Fortin and seconded by, Mr. Tuel to approve the grants as follows: Total Cost of Address Project 4215 Underwood Lane $2,000.00 10705 - 50'' Ave. N. $590.00 10705 - 50`s Ave. N. $625.00 225 Forestview Lane N. $500.00 15300B - 28h Ave. N. $500.00 4215 Underwood Lane $500.00 16525 Birch Briar Trail $6,000.00 11725 - 48`s Place N. $4,342.50 11715 - 50th Place $750.00 10705 - 50"' Ave. N. $600.00 9909 - 37`h Ave. N. $635.00 12500 Ridgemount Ave. $1,000.00 12210 Old Rockford Road $2,797.90 Grant Amount Grant Request Approved $500.00 -0- $500.00 -0- $500.00 -0- $500.00 $300.00 $500.00 $300.00 $500.00 $400.00 $500.00 $400.00 $500.00 $400.00 $500.00 $400.00 $500.00 $400.00 $500.00 $400.00 $500.00 -0- $500.00 $300.00 ENVIRONMENTAL QUALITY COMMITTEE MINUTES — MEETING No. 90 Tuesday, December 1, 1999, 6:00 p.m. Page 2 3535 Rosewood Lane $1,500.00 $500.00 $200.00 2425 W. Medicine Lake Dr. $2,000.00 $500.00 -0- 3070 Larch Lane N. $890.00 $500.00 -0- 13005 Sunset Trail $2,900.00 $500.00 -0- TOTAL $3,500.00 It was the general consensus of the group that an annual grants program be established with publicity emerging in August, grant applications due in October and awarding of grants in November. Mr. Missaghi will sent letters to all applicants on the grant they will receive. 2000 Annual Plan: Mr. Missaghi polled the Committee for their priority program interests. Ms. Fortin suggested the follow through with citizen concerns should be a top priority. Mr. Tuel suggested that the storm drain marking be moved to early spring. Ms. Marshall discussed the promotion of aquatic landscaping/composting; participation in the Music in Plymouth program; light pollution. Ms. Haht offered that that the leaf composting idea be shared between associations with many other concerns. Ms. Black asked that the education program be given definition to which Mr. Missaghi responded that he would formulate an outline. Miscellaneous: Mr. Missaghi announced that Mr. Shea and Mr. Woodruff would not be renewing their terms. Ms. Marshall suggested that we look at the possibility of having speakers at the EQC meetings and also that we interact with the various Plymouth associations. January Agenda: 1. Discuss press release on grants 2. Finalize 2000 Annual Plan 3. Report on Mr. Missaghi's water group activities. Adjournment: It was moved by Mr. Tuel, seconded by Mr. Woodruff and unanimously agreed by the Committee that the meeting adjourn at 9:10. Respectfully submitted, Sandra M. Walline D: I TEMPWo90approved. rtf DATE: January 27, 1999 TO: Shane Missaghi, Water Resources Engineer FROM: Darrell Johnson, Sr. Engineering Technician SUBJECT: 1999 EROSION CONTROL ENFORCEMENT ACTIVITY This memo is intended to provide an annual report of erosion control enforcement activity during 1999 as administered by the Engineering Division. Attached to this memo are various spreadsheets documenting erosion control violations. These spread sheets (and a brief explanation) are as follows: • 1999 Erosion Control Penalties Eighteen penalties of $200 each were given to violators totaling $3,600. These violations were for dirty streets or inadequate silt fence protection. In all cases the city ordered the work done and coordinated the erosion control corrections with sub -contractors. While the cost of street sweeping invoices normally amount to several hundred dollars per sweep, invoices for silt fences can amount to several thousand dollars. The total amount of both penalty and invoice is paid for by the developer. • 1999 Erosion Control Violations: 48 Hour Notice Sent There were a total of 111 letters sent requiring erosion control corrective action within 48 hours. Of these 48 hour notices that were sent during 1999, eighteen did not comply and were subsequently fined S200 each. (see above). • 1999 Homeowner Erosion Control Reminder Letters There were a total of 14 letters sent to homeowners reminding them of the erosion control ordinance, and problems that have resulted from sediment leaving their property. • 1999 Erosion Control Calls to Builders D: \TEMP\ l 999_EC_Act Mty-dx PAGE TWO -a-36 A total of 57 telephone calls were made to homebuilders regarding site-specific erosion control problems. Of these 57 phone calls to builders, 6 resulted in Stop Work Orders until the problem was corrected. Not documented in this report are erosion control enforcement activities performed by the Building Division and their stop work orders. in summary, it is evident that Plymouth remains pro -active in erosion control enforcement activity. Our erosion control interns play a vital role in providing inspections and maintaining a field presence at construction sites. We _ have maintained a balance between keeping communication channels open with the building community, while at the same time dealing with violators accordingly. attachment cc: i/4red G. Moore Daniel L. Faulkner D: \TEMP\ 1999_EC_Activity.doc C z 0 U r� 0 0 N ri —�)R. 0 0 N O O N O O N O O N Q1 01 m m � o y � N 11 N \ 00 z o 00 00 ^" a, Ln o tn 00 M 00 M M 00 M 00 00 ~ U c� �p M Q1to kn �p M M me' 00 N C3 s0. Q' y b O C 'L7 zN (� N Q y W A .l. 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(� .2 = m ` c CD Y Q C E p C`) .civ c O c m m F- H-aim-,mUiNwm 5 o c a O _ O (a O '� O .- C m N= N CO T c =3 N Q= U N J N 7 d � = J c- 0= J C O m m = ca Ly C U- 2a) 2 H (7 H- i , F- m LL. (D � m U- m mmmmmmmmm QMMMMMMMM rn— � �r--aornvv �-- �— .-- e•— N N a� U O C 7 4) N C6 L L E a) -C3 (D ; 1999 Homeowner Erosion Control Reminder Letter Street Trenton Ln 57th Ave N - _ -_ 49th PI -- 37 Ave N. --- --- Address — 5675 - --^- I 10632 16155 _ : 11 3532 Date Sent 6/24/99 i 6124/99 _ — 799 /6/ 7f7/99 !Subdivision — I The Ponds Harrison Place !Nanterre Heritage 2nd — - 37 Ave N.--- - - ~ 13410 9 7/819 I Heritage 2nd _ 41 Ave N. 11850 ! 7/9/99 Mission View __ 40th Ave N 16820 i 7/14/99 Holly Creek 5th i Queensland Ln 4570 7/27/99 Plum Tree i Rosewood Ln 4890 ! 812/99 Bridgid Glen Rwood Ln ose 4905 8/2/99 Bridgid Glen Union Terrace Lane j 5405 8/10/99 1 The Ponds t I ! 40th PI. 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N. Plymouth, NfN 55446 Dear Ms. Tombers: Thank you for your interest in Teen programming in the City of Plymouth. As you are aware, your suggestion has been forwarded to the Youth Advisory Council by Mayor Joy Tierney. Your idea was also shared with the Park and Recreation staff. The Teen Ski and Snowboard Club was new for us this year. We are currently exploring the idea of a Teen Coffeel-louse with the Plymouth Library staff. I understand that the Youth Advisory Council has also been talking about that idea. I am planning to attend their next meeting to discuss their ideas. If you would like to be part of the planning for similar Teen programs, please contact me at 509-5220. Thank you for your letter. Sincerely, Mary B`Zek, CLP Superintendent of Recreation XC: Eric Blank, Park Director Plymouth City Council Plymouth Park and Recreation Commission PLYMOUTH A Beantiru(Prace To Live 3400 PL0PLYMOUTH1, PLYMOUTH V"NESOTA 554-17-1!" 2 C; C: r C �E,- 4& January 7, 2000 Liz Tombers 5805 Lawndale Ln. N. Plymouth, MN 5 5 446 Nlayor Tierney 3600 Plymouth Blvd. Plymouth, MN 55447 RE- Teen dance club Dear Mayor Joy Tierney, My name is Liz Tombers and I am a freshman at Wayzata High School. I am concerned about the lack of facilities for teenagers in the city of Plymouth. Right now there are only movie theaters, sport clubs, and shopping malls. These places are really no place to "have fun". I recommend that there be a teen dance club added on to Lifetime Fitness in downtown Plymouth. This would give many teens something to do and it would keep them out of trouble. Plus, there aren't that many school district dances and most clubs won't accept high school age kids. This would be a place for teenagers to hang out and it would be safe because no alcoholic beverages would be served. There wouldn't even be a risk of serving to a minor. There are many different commercials on the T.V. put on by the Department of Health that encourage kids to "get up and do something" (exercise), but many kids are still laying on the couch because there is nothing to do. This would give them something to do. I understand that you are probably really busy, but I would appreciate a response. I would be happy to sit in on a meeting to plan this if you like the idea. If you have any questions or concerns you can contact me at 557-0149. Thanks! Sincerely, Liz Tombers -�-- 4 - ID bD a c c c c c CIS R. Y R. C3 QE C b4 N . Q. .. L p rn C y rn 8 V� cz b - b -, co v�o -- Fes; ou '� . ~ ° a3i �`"i, "� a3i aai .� CZ ai m a3i cz "" �_ � �... C4 '" Lam' aUi & moi. CCIS O o U U U U o U U u C U U L a, a. 7 U U O O o o O O o 0 ;fit o 0 0 0 0 0 0 0 C, n n o kn v -i n . 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L L .:i L U 0 0 0 9 0 O O �O• rv^�5 0 m C, " r�� O t ID bD a �r U MMUNICIPALv p D A T � C LEGISLATIC7E COMMISSION UPDATE 2000-2 THURSDAY, JANUARY 20, 2000 _'''UPCOMING MLC BOARD MEETING Thpa Directors is scheduled to meet on Monday, January 31 at the Bloomington konvention and Visitors' Bureau — 7900 International Plaza, Bloomington. The meeting will begin at 4:00 p.m. and adjourn at approximately 6:00 p.m. As always, there will be a brief social hour after the meeting. The purpose of the January Board meeting is to review the legislative program one final time before the 2000 Legislature convenes in February, and to discuss expectations for the session. In addition to the Board's general business, we have invited a special guest — Metropolitan Council Chairperson Ted Mondale. Chairperson Mondale is expected to discuss the Metropolitan Council's plans for the 2000 legislative session and the relationship between local governments and the Met Council. If you have not yet done so, please RSVP to Liz Shields by telephone at 6511228-9757 or by e-mail at eshields@mandklaw.com. We hope to see all of our Board members in Bloomington on January 31. IMPACTS OF PROPOSED TAX RELIEF With policymakers again in the position of determining how to spend a large budget surplus, a variety of tax reform and rebate proposals have been announced and there are more expected during the next few weeks. Many proposals will be multi -faceted, with a mixture of tax rebates, reductions and credits. To help you understand the various propositions, the next few pages contain a summary of the tax relief different proposals will provide. On page four, the House Republican tax reform plan will give you further insight into possible changes in 2000, understanding of course that Governor Ventura and the Senate will likely have different ideas. Please note that all tax -relief estimates are just that, estimates, and they are subject to change. The MLC Update Is prepared by Robert G. Renner, Jr. and Jennifer J. Peterson Messer116 KramerP.A., 145 University Avenue West, Suite 450, SL Paul, MN 55103 Telephone (651) 228-9757 Fax (651) 228-9787 I �_ 5a— Permanent Income Tax Reductions Tax relief that would be provided by reducing the top bracket by one-half percent to 7.5 percent, the middle bracket from 7.25 percent to 6.5 and the lowest bracket by one-half percent to five percent is estimated to be $1.1 billion for fiscal years 2002-03. Decrease in the General Sales Tax A reduction in the general sales tax was discussed in 1999, but no action was taken to achieve such a goal. This issue may be raised again during the 2000 legislative session. A reduction in the general sales tax, including the sales tax on motor vehicles, would provide relief as follows: Lowering the sales tax rate from 6.5 percent to 6.0 percent would provide an estimated $310.4 million in tax relief during fiscal year 2001 (July 1, 2000 through June 30, 2001). Lowering the sales tax rate from 6.5 percent to 6.25 percent would provide an estimated $155.2 million in tax relief for fiscal year 2001. Motor Vehicle Registration Tax Reductions Currently the rate for this tax, more commonly known as the "tab fee," is 1.25 percent of a vehicle's base value. There is a statutory depreciation schedule that results in payment of the $35 minimum when a vehicle is 11 or more years old. The revenues from tab fees are statutorily dedicated to the Highway User Trust Fund. Proposals to reduce the tab fee were hotly debated last session, and the debate will likely continue in 2000. Three primary reduction methods include placing a $75 cap on registration taxes (a proposal Governor Ventura recently announced as one of his goals for the upcoming session), changes in the depreciation schedule, and a reduction in the tax rate. Here is the tax relief provided by each of these proposals: Placing a cap of $75 per year on tab fees after the first year of ownership of the vehicle - $191.4 million per year (the first year a vehicle is owned the tax is the full amount as calculated under current law). Returning to the pre -1990 depreciation schedule that more accurately reflects the depreciated value of a used vehicle - $107.5 million in fiscal year 2001. Reducing the tax rate from 1.25 percent to 1.15 percent of the vehicle's base value - $30.8 million in fiscal year 2001. 2 E.- �;d Adjustments to Business Taxes The Minnesota Business Partnership, Chamber of Commerce and other business organizations have been actively pursuing a reduction in taxes paid by Minnesota companies. They have had some success during the past few sessions, primarily through reductions in property tax rates on commercial -industrial property. Possible reductions include completely repealing the sales tax on capital equipment replacement, lowering the rate for long-term capital gains, rescinding the June accelerated sales tax payment and changing business taxes to a single sales factor (as discussed by Representative Ron Abrams in the January 5 Update). Here is the tax relief that would be provided by each of those proposals: Legislators have been discussing a change in the method by which replacement capital equipment is exempted from the sales tax. Currently, the sales tax is paid when the equipment is purchased, but refunded after a request is filed with the Minnesota Department of Revenue. The proposed change would exempt such equipment up front and would provide approximately $55 million in tax relief during the first year and $30 million in subsequent years. Excluding 40 percent of long-term capital gains from taxation provide $230 million in tax relief for fiscal year 2001. Excluding the first $10,000 of long-term capital gains from taxation will provide $110 million in tax relief for fiscal year 2001. Repealing the accelerated payment of sales taxes by Minnesota businesses will provide $163 million in tax relief during the first year and $6 million for each subsequent year. Changing the apportionment of business taxes from 70 percent based upon sales, 15 percent based upon payroll, and 15 percent based upon property to 80 percent sales, ten percent payroll and 10 percent property would provide $12.4 million in tax relief for tax year 2002. Changing the apportionment of business taxes 70 percent based upon sales, 15 percent based upon payroll, and 15 percent based upon property to 90 percent sales, five percent payroll and five percent property would provide $35.6 million in tax relief for tax year 2002. Changing the apportionment of business taxes from 70 percent based upon sales, 15 percent based upon payroll, and 15 percent based upon property, to 100 percent based upon sales would provide $49.5 million in tax relief for tax year 2002. Under current law, the apportionment formula is set to change from 70 percent based upon sales, 15 percent based upon payroll, and 15 percent based upon property to 75 percent sales, 12.5 percent payroll and 12.5 percent property for tax year 2002. 3 f -- ' 3 Setting a Flat Tax of Five Percent on Income To illustrate one proposal for changing Minnesota's income tax system to a flat tax, the following assumptions have been made: • Base income would be considered federal gross income before any adjustments, exemptions, or deductions. • A personal exemption of $6,500 and an additional exemption of $2,800 for each dependent would be allowed. A married couple could claim $13,000 in personal exemptions. . The flat income tax rate for all income exceeding personal and dependent exemptions would be five percent. Given these assumptions, the tax relief provided by such a plan would be $770 million in tax year 2000. Obviously, there are many choices to be made, and they will involve both policy and political considerations. Alternative proposals will likely be discussed in addition to those above, including rebate plans and property tax reform expenditures (see below). We will keep you informed- as formal legislation is introduced and debate begins. HOUSE REPUBLICANS UNVEIL 2000 TAX REFORM PLAN On January 12, House Republicans unveiled a tax reform proposal they hope to enact during the 2000 legislative session. The plan, billed as "The Lunch Bucket Tax Cut of 2000" includes permanent income tax rate cuts, a $500 million sales tax rebate, additional property tax reform, business tax reductions and a new income tax deduction. The Republican plan proposes permanent income tax rate reductions as follows: from 8.0 percent to 7.5 percent for the top bracket, from 7.25 percent to 6.5 percent for the middle bracket, and from 5.5 percent to 5.0 percent for the lowest bracket. The proposed income tax reductions would provide the most relief to taxpayers earning incomes (jointly or individually) of between $30,000 and $149,000. As discussed above, these cuts would provide $1.1 billion in tax relief during fiscal years 2002-03. The proposal includes a $500 million sales tax rebate similar to that approved last session. Such a rebate would be based upon a formula that uses 1998 income to estimate sales tax expenditures, and would therefore be exempt from federal income taxes. This rebate would likely be distributed in the same fashion and time frame as the 1999 rebate. A $500 million sales tax rebate in 2000 would be equal to 40 percent of the amount returned to taxpayers in 1999. Ell The House Republicans also hope to pass a health insurance premium tax deduction, similar to that available on federal income taxes, a reduction in corporate franchise taxes, and reductions in property taxes for agricultural land. They also plan to provide additional property tax rate compression, which has been dubbed "Phase III." Phase III would reduce the second tier (that valued at greater than $150,000) of commercial -industrial property tax rates from 3.4 percent to 3.0 percent; would reduce property tax rates on apartments with three or more units from 2.4 percent to 2.0 percent; and would reduce the property tax rate on the second tier (that valued at greater $76,000) of homestead, residential non -homestead and seasonal recreational property from 1.65 percent to 1.5 percent. The total property tax relief provided by Phase III would be received in tax year 2001, and specific estimates on savings for taxpayers are not yet available. As expected, House and Senate Democrats offered mixed reactions to the Republican plan. While not ruling out tax reductions in general, they will likely differ somewhat on which taxes to reduce and to whom such reductions should be targeted. Neither the House nor the Senate Democrats have officially unveiled a tax plan for 2000, but we will let you know when they do. Governor Jesse Ventura has not officially stated that he is opposed to the Republican plan, but he has indicated that he wants a restrained session focused on bonding proposals, not new expenditures and major tax policy changes. Additionally, the Republican plan does not include one of the Governor's central tax reform ideas — a decrease in motor vehicle registration fees. Next month, we will provide you with the details of a tax proposal that Senator Bill Belanger (R -Bloomington) is currently finalizing. k DATE: January 28, 2000 TO: Mayor and City Council FROM: Laurie Ahrens, Assistant City Manager SUBJECT: Appointment of Alternates to Advisory Boards and Commissions At the last City Council meeting, you appointed an alternate member to the Public Safety Advisory Board. You also asked that staff report back if any changes to the City Code or policy are necessary. The City Attorney has advised that there is no legal concern with appointing alternates to advisory boards and commissions with the exception of the Planning Commission and Housing and Redevelopment Authority (HRA). These two bodies are established by statute, and alternate members should not be designated for these commissions. All of the other City boards and commissions are established with local authority and serve strictly as advisory to the City Council. If the practice of appointing alternates is continued and becomes more common, staff will likely suggest a review and clarification of the ordinances and resolutions establishing the various advisory commissions.