Lake Quality Commission

Lake Quality Commission Agenda November 17, 2021 WebEx The Lake Quality Commission (LQC) meeting will commence at 6:30 pm via WebEx. To join the meeting click the link and follow any prompts: Meeting link: https://logis.webex.com/logis/j.php?MTID=mfac6a7b09d025a14a7b2a08a0119b045 Meeting number: 177 450 3734 Password: MapleGrove Join by phone +1-312-535-8110 United States Toll (Chicago) +1-415-655-0001 US Toll Access code: 177 450 3734 ITEM ACTION REQUIRED CALL TO ORDER Call to order by Chairperson Fahrenbruch at 6:30 p.m. BUSINESS ITEMS 1. Introductions Introduce commissioners; 5 minutes for public comment on non-agenda items 2. Approval of Minutes Approval of October 20, 2021 meeting minutes. 3. Statement of Purpose Approve revisions to LQC Statement of Purpose and Goals and Goals 4. Wetland Systems District Review and comment on revisions to the Maple Grove Wetland Systems District FUTURE MEETINGS: December 15, 2021 ADJOURNMENT  MAPLE GROVE LAKE QUALITY COMMISSION DRAFT MINUTES October 20, 2021 CALL TO ORDER A meeting of the Lake Quality Commission was held on May 19, 2021 via Webex. Becky Fahrenbruch called the meeting to order at 6:32 p.m. Commissioners Present: Becky Fahrenbruch – Chair - Eagle Lake George Schneider – Rice Lake Nancy Bergstrand – Weaver Lake Joe Randall – Fish Lake Joe Ruegsegger – At Large Commissioners Absent: Ben Zaker – At Large Steve Lane – Cedar Island Lake Sharon Martin-Kotula – Edward Lake Guarav Uppal – At Large Others Present: City Council Member LQC Liaison Karen Jaeger Derek Asche, City of Maple Grove Mark Lahtinen, City of Maple Grove APPROVAL OF Minutes of the May 19, 2021 & September 1, 2021 meetings of the Lake Quality MINUTES Commission were reviewed for accuracy. MOTION TO APPROVE made by Randall, second by Bergstrand. With all in favor the motion was APPROVED. AREA REPORTS Weaver Lake, Nancy Bergstrand – The 2021 annual meeting was the largest in the last few years. White stem pondweed was noted as a problem this year. Electricity has been installed for a larger CD 3 station at the boat launch. Rice Lake, George Schneider – The drawdown which began on 10/4 has brought Rice down by about 4 feet down so far. Lots of waterfowl are present. Eagle Lake, Becky Fahrenbruch – Still a few late season water skiiers taking advantage of the nice weather. Joe Randall, Fish Lake – Still a number of lake users taking advantage of the weather. The lake levels seem to be fine. At-Large - Joe Ruegsegger – Fish Lake is very clear thanks to the alum treatments.  Karen Jaeger, City Council – Still many geese and ducks. The lake bottom exposed by the drawdown is very mucky. Derek Asche, Maple Grove staff – The new Area Hydrologist serving Maple Grove is Wes Saunders-Pearce. He recently begin his work with the DNR and has reached out to Derek and George Schneider. Mark Lahtinen, City staff – Rice Lake drawdown has brought Rice Lake down 4+ feet. LQC STATEMENT The LQC was provided in their packet the original Statement of Purpose & Goals OF GOALS & and well as the approving resolution forming the Commission in 1986. Asche PURPOSE noted that over time, surface water management has evolved. Staff has also identified inconsistencies in how LQC operates today when compared to the original establishment of LQC. LQC discussed the documents and among other general comments, offered several changes to emphasize a focus on lakes and impaired waters. This item will be brought back to LQC in November for further consideration. INFORMATION None. ITEMS FUTURE November 17, 2021 MEETING: ADJOURNMENT MOTION TO ADJOURN by Randall, second by Schneider. With all in favor the motion was APPROVED. 7:57 p.m.  LAKE QUALITY COMMISSION STAFF REPORT TO: Lake Quality Commission (LQC) FROM: Derek Asche, Water Resources Engineer DATE: November 10, 2021 SUBJECT: Lake Quality Commission (LQC) Statement of Purpose and Goals RECOMMENDATION: I recommend the LQC approve revisions to the “Statement of Purpose and Goals” and Resolution 86-280. The Maple Grove Lake Quality Commission was established on December 15, 1986. Included with the establishment is the purpose of the Commission and it’s organizational structure. Over time, surface water management has evolved. Staff has identified inconsistencies in how LQC operates today when compared to the original establishment of LQC. LQC had an opportunity to review and comment on the documents at their October 20, 2021 meeting and offered several changes. The “tracked changes” document is attached for consideration by LQC.  Maple Grove Lake Quality AssociationCommission STATEMENT OF PURPOSE AND GOALS The Maple Grove City Council has appointed this Lake Quality Association Commission for the following purposes and reasons: 1. To assemble a data base necessary for the study and planning of management and enhancement techniques for improved lake and stream water quality. 2. To consider and make recommendations to the City Council regarding: A. The surface use of the city's lakes including activities such as swimming, boating, waterskiing, and fishing. B. Establishment and regulation of points of public access. C. Requirements for storm sewers, ditches, holding ponds, control devices and other requirements for the resolution of current and anticipated lake and stream quality problems including the .City’s Municipal Separate Storm Sewer Permit. 3. To advise the City Council of management and science-based methods found appropriate to improve Maple Grove lake and stream water quality through the Lake Improvement Program as developed by the Lake Quality Commission. 4. To complete other work relating to stream and lake water quality management as directed by the City Council.  CITY OF MAPLE GROVE RESOLUTION NO. 86-280 Formatted: Highlight A RESOLUTION ESTABLISHING THE MAPLE GROVE LAKE QUALITY COMMISSION A CITIZEN'S ADVISORY BODY FOR LAKE AND STREAM MANAGEMENT ISSUES WHEREAS, the City of Maple Grove has varied physical features including five major lakes and two streams: and WHEREAS, the lakes and streams present unique aesthetic, recreation, and ecological benefits for the City's residents; and WHEREAS, the City's lakes and streams have already attracted considerable residential and City and County park development; and WHEREAS, further development of land adjacent to the lakes and streams is anticipated as is more intensive use of the water surfaces; and WHEREAS, the City of Maple Grove wishes to manage the lakes and streams, their surfaces, and the land adjacent to them for the maximum benefit of property owners and all City residents; NOW, THEREFORE, BE IT RESOLVED that the Maple Grove City Council hereby establishes the Maple Grove Lake Quality Commission. The purpose of the Commission shall include the study of the City's lakes for the purpose of advising the City Council in matters pertaining to: 1. Methods of improving lake and stream water quality. 2. Control of the surface areas of the lakes. 3. Recommend best management practices atEstablishment and regulations of points of public access. 4. Control of stormwater runoff and drainage as it affects lake and stream water quality. 5. Lake management programming 65. Other lake and stream issues as directed by the City Council. BE IT FURTHER RESOLVED that the Commission shall be organized and function as follows: 1. The Maple Grove Lake Quality Commission shall be comprised of a City Council Liaison and sevenup to 10 voting members who are residents of the City and who represent the following areas: A. Weaver Lake (1) B. Fish Lake (1) C. Rice Lake (1) D. Cedar Island Lake (1) E. Eagle Lake (1) F. Pike Lake (1) G. Francis Lake (1) Schmidt Lake (1) Edward Lake (1) H. The city at large (3) – may include Cook/Teal I. Ex-officio from Hennepin County Parks 2. Appointment to the Commission shall be made at the first regular January meeting of the City Council or more often if required. Members shall be appointed for three-year terms beginning January 1 and ending December 31 of the third year. Initial appointments shall be: Three members for the term of one year, two members for the term of two years, and two members for the term of three years. Members appointed after the initial Commission shall be appointed to three- year terms. 3. In case of a vacancy during the term of office of any member of the Commission, the City Council shall appoint a new member to serve the remainder of the term. Vacancies shall exist if any of the following occur: death, disability, or failure to serve as shown by failure to attend a specific number of regular meetings as established by the Commission, residence outside the City, or resignation. 4. The Commission shall annually elect one member to serve as Chairperson and one member to serve as Vice Chairperson. The Chairperson is responsible for the agenda of the meetings, minutes of the meetings, and reports and recommendations to the City Council. In the event the Chairperson is unavailable, the Vice-Chairperson will assume the roles of the Chairperson. Formatted: Not Highlight 5. The City Administrator may assign permanent or temporary or part-time staff to assist the Formatted: Not Highlight Chairperson and Commission in its work. 6. City Staff and/or the Council Liaison shall be responsible for communication between the Lake Quality Commission and the City Council. 6. Liaison between City staff and the City Council shall be directed through the Chairperson of the Commission and the City Administrator unless other coordination and/or communication is specifically authorized. 7. The members of the Commission shall serve without compensation and may be removed from office at any time by the City Council. Members of the Commission may however, be compensated for expenses. 8. The Commission shall establish its own rules, regulations, and procedures to guide the conduct of Committee Commission meetings and activities. 9. The Commission shall record the minutes of each meeting which shall be filed in the office of the City Administrator, and delivered provided to the Mayor and the City Council. 10. The Commission may be abolished by resolution of the City Council. Motion for the adoption of the foregoing Resolution was made by Councilmember Dehn and seconded by Councilmember Ramstad and upon vote being duly taken thereon, the following voted in favor thereof: Mayor Deane and Councilmembers Ramstad, Burtness, Dehn and Ryon and the following voted against: None and the following were absent: None WHEREUPON, the Resolution was declared duly passed and adopted this 15th day of December, 1986. Formatted: Highlight STATE OF MINNESOTA) COUNTY OF HENNEPIN ) CITY OF MAPLE GROVE) I, the undersigned, being the duly qualified and acting Clerk of the City of Maple Grove, Hennepin County, Minnesota, hereby certify that the above and foregoing Resolution No. 86-280 is a true and correct copy of the Resolution as adopted by the City Council of the City of Maple Grove this 15th day of December, 1986. Douglas S. , City Clerk  LAKE QUALITY COMMISSION STAFF REPORT TO: Lake Quality Commission (LQC) FROM: Derek Asche, Water Resources Engineer DATE: November 10, 2021 SUBJECT: Updates to Maple Grove Wetlands Systems District RECOMMENDATION: I recommend the LQC review and comment on updates to the City of Maple Grove Wetlands Systems District. Initially adopted in 1984, the City of Maple Grove Wetlands District protects the general health, safety and welfare of Maple Grove residents and wetland resources through the preservation and conservation of wetlands. In 1991, the State of Minnesota passed the Wetland Conservation Act to ensure uniform wetland protections throughout the State and provided for communities like Maple Grove to serve as administrator of this State statute. Since 1991, updates to State Statute and Rule (MN Rule 8420) as well as the development and subsequent updates to watershed management plans require the City to bring the Wetlands Systems District into compliance with State and watershed requirements.  Created with a trial version of Syncfusion Essential DocIO. DIVISION 7. - W WETLAND SYSTEMS DISTRICT Sec. 36-751. - Findings; intent. (a) Wetlands help maintain water quality, serve to minimize problems with flooding and erosion, serve as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape, providing the aesthetic benefits of open space and a natural separation of land uses. It is the intent of this division to establish a policy of sound stewardship through coordination of regulations that strive toward zero degradation and no net loss of the wetlands by conserving, protecting, and enhancing these environmentally sensitive resources. In addition, it is the intent of the city to promote the restoration of degraded wetlands where feasible and practical. It is the city's intent that the use of sound planning policies should strive to first avoid alteration to wetlands. Where alteration of wetlands cannot be avoided, then wetland loss shall be mitigated. (b) The primary goal of this division is to avoid wetland impact by careful design of development proposals. An applicant for a wetland alteration has the obligation to demonstrate, to the city's satisfaction, that reasonable alternatives to the action have been explored. The city must find that the alternatives are inappropriate or that a wetland enhancement would result for the city to approve the wetland alteration. Mitigation should always result in an improvement to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining the hydrological balance and provision of wildlife habitat. (Code 1984, § 375:111(1)) Sec. 36-752. - Purpose. The purpose of this division is to ensure the protection of the general health, safety and welfare of the residents and the protection of the wetland resources of the city, now and in the future, through preservation and conservation of wetlands and sound management of development by: (1) Establishment of wetland regulations that are coordinated with flood protection and water quality programs. (2) Requiring sound management practices that will protect, conserve, maintain, enhance, and improve the present quality of wetlands within the community. (3) Requiring sound management designed to maintain and improve water quality in streams and lakes with its attendant increase in recreational use and value. (4) Protecting and enhancing the scenic value of the wetland. (5) Restricting and controlling the harmful effects of land development which adversely affect wetlands, which harmful effects include, but are not limited to: a. Improper erosion control practices. b. Rapid runoff from developed areas. c. Pollution from gas, oil, salt, fertilizer, sand, silt, and other materials. d. Dumping of waste in wetlands. e. Unrestricted placement of structures within wetland areas. f. Lack of a buffer strip to protect the perimeter of the wetland. (6) Allowing only development that is planned to be compatible with wetland protection and enhancement. (7) Providing standards for the alteration of wetlands when permitted by the city.  Created with a trial version of Syncfusion Essential DocIO. (8) Mitigating impact of development adjacent to wetland areas. (9) Educating and informing the public regarding the function of wetlands and the impact of urbanization upon wetlands. (10) Obtaining protective easements over or acquiring fee title to wetlands as opportunities occur. (Code 1984, § 375:111(2)) Sec. 36-753. - Applicability. (a) The W wetland systems district shall be applied to and superimposed upon all residential, business, mixed use, or industrial districts provided for in this chapter existing or amended by the text of this chapter and the zoning map. The regulations and requirements imposed by the W wetland systems district shall be in addition to those of floodplain and shoreland districts and those established for the districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply. (b) The wetland systems district within the city applies to areas defined in Minnesota Rule 8420.0111 Subpart 72 and any subsequent updatesis defined and established to include those wetland areas under the protection of the U.S. Army Corps of Engineers described in United States Fish and Wildlife Service Circular No. 39 (1971 edition) and to any required buffer strip located on the upland immediately adjacent to a wetland, or a treatment pond, or a watercourse related to a wetland. (Code 1984, § 375:111(3)) Sec. 36-754. - Permitted activities. The following operations and uses are permitted in the wetland systems district as a matter of right, subject to any other applicable code, ordinance or law: (1) Conservation of soil, vegetation, water, fish and wildlife. (2) Scientific research and educational activities that teach principles of ecology and conservation. (3) Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, including facilities such as trails or docks which allow such activities. (4) Essential services, streets, and trails. (5) Other uses deemed by the zoning administrator to be similar to those set forth in this section and consistent with the purposes and intent of this section set forth in sections 36-751 and 36- 752. (Code 1984, § 375:111(4)) Sec. 36-755. - Accessory uses. Permitted accessory uses in the wetland systems district are as follows: Private antennas and towers in compliance with chapter 8, article VIII. (Code 1984, § 375:111(5)) Sec. 36-756. - Prohibited activities.  Created with a trial version of Syncfusion Essential DocIO. Except as may beUnless conditionally permitted under this divisionor found to be in compliance with the Minnesota Wetland Conservation Act of 1991 and Minnesota Rules 8420, including subsequent updates, wetlands must not be impacted unless replaced by restoring or creating wetland areas of at least equal public value., Iit shall be unlawful for any person to drain or fill wetlands, wholly or partially, and/or excavate in the permanently and semipermanently flooded areas of type 3, 4, or 5 wetlands, or in any wetland type if the excavation results in filling, drainage, or conversion to nonwetland.do any of the following in the wetland systems district: (1) Place, deposit or permit to be deposited debris, fill or any material, including structures, into, within or upon any water body, watercourse, or wetland, floodplain or natural drainage system. (2) Dig, dredge, or in any other way alter or remove any material from water bodies, watercourses, wetlands, floodplains, or natural drainage systems except in conformance with a mitigation plan approved in conjunction with a conditional use permit pursuant to the provisions of article II, division 4, of this chapter. (3) Erect structures for human habitation. (4) Create ponds, dam or relocate any watercourse, or change the natural drainage system except in conformance with a mitigation plan approved in conjunction with a conditional use permit pursuant to the provisions of article II, division 4, of this chapter. (5) Clear and/or cut trees or other vegetation, including the installation or maintenance of a lawn or other landscaping. The eradication of noxious or other harmful plants shall be exempted from the requirements of this division. (6) Store materials. (7) Erect signs. (8) Dispose of waste materials, including, but not limited to, sewage, garbage, rubbish and other discarded materials. (Code 1984, § 375:111(6)) Sec. 36-757. - Conditional uses. Filling or alteration of medium or low value wetlands which cannot be avoided if reasonable development is to occur may take place upon the issuance of a conditional use permit as regulated by article II, division 4, of this chapter. (Code 1984, § 375:111(7)) Sec. 36-758. - Development regulations. (a) Any permitted wetland filling shall be mitigated on a basis Any wetland impact requiring mitigation shall be on a basis of a minimum of two acres of mitigation for every acre of wetland alteration., with mitigation occurring on the affected property where feasible but within the watershed of the tilled wetland in all instances. Mitigation shall conform to the credit and replacement criteria of the Minnesota Wetland Conservation Act of 1991, as amended. (Minn. Stats. ch. 354). (b) Mitigation shall create high value wetlands. (c) Mitigation shall be accomplished in a manner which allows the greatest probability of the wetland flora establishing itself in the newly created wetland. (d) Mitigation shall occur in conformance with a mitigation plan approved in conjunction with a conditional use permit pursuant to the provisions of article II, division 4, of this chapter. (e) Created wetland slopes should be a maximum of 10:1, with an average of 15:1.  Created with a trial version of Syncfusion Essential DocIO. (f) Wetland soils shall be placed in all mitigation areas or seeding and/or planting shall be done. (g) Prior to the revegetation of a development site, sedimentation basins capable of accepting runoff from storms of up to a 100-year frequency shall be established on the development site. Any required permanent treatment facilities shall be located outside the wetland. (h) Mitigation shall occur prior to or concurrent with wetland alteration. (i) In selecting a mitigation site, preference shall always be given to restoring a former wetland before creating a new one. (j) Buffer strips in excess of those imposed by the Wetland Conservation Act of 1991 (Minn. Stats. ch. 354) shall not be required adjacent to mitigation areas. (Code 1984, § 375:111(8)) Sec. 36-759. - Wetland ranking. In determining whether a wetland is of Protect, Manage Preserve, Manage Flexible, or Manage Restore classification, high, medium, or low value, all state department of natural resources protected wetlands shall be considered to be high value wetlands. For all other wetlands, the Minnesota Department of Natural Resources "Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland Functions" or equivalent shall be used. To be considered a high value wetland, a wetland must be rated as having high significance in five of the listed functional categories. For each category which receives an exceptional rating, the number of high significance categories required for a high value rating shall be decreased by one. (Code 1984, § 375:111(9); Ord. No. 04-05, § 1, 2-2-2004) Sec. 36-760. - Wetland buffers. All development commenced after June 16, 1993, shall maintain a buffer strip in the upland adjacent to the wetland or watercourse as designated below. Buffer strip vegetation shall be established and maintained in accordance with the following requirements: (1) Plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlifemixes approved by the Minnesota Board of Water and Soil Resources or an equal approved by the City. (2) Buffer strips shall be identified by permanent monumentation acceptable to the city. A monument is required wherever a buffer strip intersects a lot line, on bends in the buffer, or every 200 feet, whichever is less. (3) Buffer strips shall be required according to the following table: MN RAM MAPLE GROVE MINIMUM AVERAGE MAXIMUM CLASSIFICATION CLASSIFICATION WIDTH WIDTH WIDTH Preserve Protect 25’ 40’ NA Manage 1 Manage Preserve 20’ 30’ NA Manage 2 Manage Flexible 20’ 30’ NA Manage 3 Manage Restore 20’ 30’ NA  Created with a trial version of Syncfusion Essential DocIO. Creeks – Elm, NA Rush, North Fork 25’ 50’ NA Rush, Diamond Formatted: Normal for high quality wetlands shall be 40 feet in width; however, the city council may approve a buffer Formatted: Font: 11 pt strip of variable width so long as the minimum width is 25 feet and the average width is 40 feet. Buffer strips for all other wetlands shall be a minimum of ten feet in width. Total applicable building setback from the edge of a wetland shall conform withto the building setback requirement of the zoning district in addition to the buffer width required by this section. (4) Water quality ponding may encroach into the required wetland buffer provided that the amount Formatted: Font: (Default) Arial, 10 pt of buffer encroached upon does not exceed 50 percent of the buffer or 50 percent of the pond Formatted: Normal, Indent: Left: 0.31", Hanging: 0.31" area required. Formatted: Font: (Default) Arial, 10 pt (5) Buffer flexibility for properties zoned commercial or industrial: The minimum buffer width may Formatted: Space After: 0 pt be reduced to 10 feet provided all of the following conditions are met: Formatted: Normal a. The average buffer width provision per the City of Maple Grove classification Formatted: Font: (Default) Arial, 10 pt is met. b. All stormwater from the project area is treated to current standards prior to Formatted: Normal, Indent: Left: 1", Hanging: 0.5" discharge into wetlands. Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt (Code 1984, § 375:111(10)) Formatted: Font: (Default) Arial, 10 pt Sec. 36-761. - Exemptions. (a) Those properties developed under a conditional use permit issued in keeping with the standards of the W wetland systems district shall be subject to the conditions of that permit notwithstanding any changes to wetland standards imposed by this division. This exemption would allow the continued use of wetland areas included in residential lots under previous rules. (b) The alteration of any wetland which is crucial to the accomplishment of the city's comprehensive plan may occur. However, such alteration is subject to all of the mitigation requirements of this division. (c) A replacement plan (mitigation) for wetlands is not required for those activities and situations which are exempt pursuant to Minn. Stats. § 103G.2241 and/or Minnesota Rule 8420. (d) Buffers shall not be required for roadways aligned either adjacent to or across wetlands and which are subject to the Wetland Conservation Act requirements. (Code 1984, § 375:111(11)) Secs. 36-762—36-800. - Reserved.