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B. Aquatic Invasive Species (Zebra Mussels) Discussiont * CITY 0F CHANHASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman Park and Recreation Director DATE: September 12, 2011 e*p SUBJ: Discussion Concerning Aquatic Invasive Species (AIS) — Zebra Mussels BACKGROUND On July 11, 2011, the City Council received comments from two residents concerning the topic of Aquatic Invasive Species (Zebra Mussels) during the visitor presentation portion of their meeting. The minutes with the citizen comments and responses from Mayor Furlong and City Manager Gerhardt are attached.. In the conversation at the City Council meeting, City Manager Gerhardt sought input from the Lake Action Alliance (LAA) group on the following questions: • What is Alliance's fallback plan if the proposed Lake Minnewashta inspection station is not a suitable location for public inspections? • How can the city assist with educating and training the public in preventing the spread of AIS? • What other alternatives can the Alliance propose short of gating the public accesses? • What legal authority does the city have to require "all" boats to be inspected prior to entering the lakes and placing permanent gates at all boat accesses? • What happens if a boat fails inspection? • What type of program can be created to ensure these four requirements are met? • Open at least 16 hours a day between 4 a.m. and 12 midnight. • No fees charged for launching any craft. • Where an access is provided within a park, uniform fees shall be charged to all users, regardless of residence. • No special regulations that do not apply equally to the riparian boater • How long will the pilot program last? • What type of performance measures will be used to determine success r Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt September 12, 2011 Page 2 LAKE ACTION ALLIANCE RESPONSE On August 12, 2011, Steve Jenks with the Lake Action Alliance Group, provided the following responses to these questions: 1. What is Alliance's fallback plan if the proposed Lake Minnewashta inspection station is not a suitable location for public inspections? Our fallback plan is to find another site for the common inspection facility. It is the most cost effective solution allowing for 100% watercraft inspections and it allows us to test a number of ideas during the pilot project that would be useful for a future rollout of a broader program of inspection. 2. How can the city assist with educating and training the public in preventing the spread of AIS? Ideally, the city would provide educators /inspectors at each of the city- owned /managed public landings during the hours of operation. However, we realize this is likely not possible, given tight budgets and financial pressures (which is one of the reasons why we formed the Lake Action Alliance and are promoting a pilot involving shared resources). We welcome any city involvement with the ongoing education and public awareness campaigns for AIS threats as are being conducted at Lotus Lake (and elsewhere at other Chanhassen Lakes ?). The DNR has banners and signage available that would be educational and useful. DNR sells these items and so, the city could invest a minimal amount of money in added banners /signs to enhance the public awareness for AIS efforts at the launch ramps. Custom signs /banners would also be an option; examples developed for Christmas Lake are attached to this document. Further, city employees could become DNR - trained, volunteer inspectors as many local citizens have done, and take shifts at the various launch ramps either as private citizens or as city employees (assuming that is something the City would allow /support). It would help demonstrate that we are working together to address the threat of AIS. The city might also publish a letter to this effect stating that the City is supporting efforts to help keep Chanhassen's lakes healthy and "AIS -free" (we can provide a draft letter if needed). Further, the city could author a letter to the DNR asking their assistance in clearing the legal hurdles, and any other participation, to allow for the pilot to move forward on the grounds that the learnings, developmental tools and process used would be valuable for developing a more long -term answer to these threats to our lakes. Other media could also be employed, such as youtube and educational videos that might be developed and linked on the city's website. Generally, we would welcome the city's expertise and leadership in communicating to the public about the need to address AIS in our area waters. Mr. Todd Gerhardt September 12, 2011 Page 3 3. What other alternatives can the Alliance propose short of gating the public accesses? The proposed pilot program is the most efficient, effective PREVENTION alternative we have discovered. We continue to explore other options, but none has the strong prevention aspect, combined with cost effectiveness and efficiency that 100% inspection at a shared site offers. 4. What legal authority does the city have to require "all" boats to be inspected prior to entering the lakes and placing permanent gates at all boat accesses? The City can and has controlled the access to Lotus Lake in the past for various reasons, so legal authority to do so has been established. Legal authority to require watercraft inspections is less clear, but since infested watercraft represents a threat the health of the lakes and the citizens that use it, there must be some responsibility that can't be signed away in an agreement with another governmental unit. Also, DNR is responsible for the waters of public lakes, rivers, etc. throughout the state of Minnesota and has access agreements with the governmental organizations that own their launch ramps. DNR is purported to control the balance of, and ability for, the launch ramp owners to require boat inspections versus unfettered access by lake users, though this point isn't clear in the law today. The Riley Purgatory Bluff Creek Watershed District ( RPBCWD) is the regional governmental unit responsible for managing and protecting the water resources of the Riley Purgatory Bluff Creek watershed, which includes Lotus Lake. As such, RPBCWD also has responsibility for maintaining the health and AIS -free status of the lakes of the watershed, though to what degree it isn't clear in the law either. We continue to engage with the DNR, the watersheds and others to clarify this situation. It is clear that inaction is not an option, as it will lead to infestation of the lakes and other waters. 5. What happens if a boat fails inspection? The situation would be handled as per the DNR's inspection processes and protocols. As such, a call will be placed by the Inspector on duty to a DNR Conservation Officer and to local law enforcement. Our inspectors will not physically stop the boater, but will try to reason with them while waiting for the DNR Conservation Officer and law enforcement to arrive. A report from the Inspector will also be submitted to the DNR for any suspected infestation situations so that any relevant follow -up can be considered and conducted. 6. What type of program can be created to ensure these four requirements are met? • Open at least 16 hours a day between 4 a.m. and 12 midnight: The Lotus Lake launch ramp would be open for the park's posted operational hours of 6 a.m. to 10 p.m.; and closed during the non - operational hours from 10 p.m. until 6 a.m. by a timer on an electronic entry system. Mr. Todd Gerhardt September 12, 2011 Page 4 • No fees charged for launching any craft: Correct, there will be no chance in fees related to the Pilot AIS Prevention Project. • Where an access is provided within a park, uniform fees shall be charged to all users, regardless of residence: Correct, there will be no change in fees related to the Pilot AIS Prevention Project. • No special regulations that do not apply equally to the riparian boater: Yes, the riparian boater will be subject to the same regulations as others that use the launch ramp. 7. How long will the pilot program last? From the first day it is implemented through the period when the water temperature doesn't rise above 50 degrees (the reproductive limits for Zebra Mussels). The pilot program would be re- implemented in the spring of 2012, once the water temperature reached 50 degrees. 8. What type of performance measures will be used to determine success? Successful implementation of any DNR Watercraft Inspection Policies, Procedures and Protocols. Success is achieved when the spread of Aquatic Invasive Species is stopped while maintaining access to public lakes and waterways at the lowest possible cost. Here are the draft signs for Lotus Lake (revised from signs prepared for Christmas Lake) during the pilot period: Mr. Todd Gerhardt September 12, 2011 Page 5 Pilot Phase "Notice" banner wording: Notice The Lotus Lake Public Access gate requires an entry code for access during the operating hours of 6 am to 10 pm daily. Entry codes are provided to watercraft passing the Minnesota DNR Aquatic Invasive Species (AIS) inspection. Inspections are performed at the Lake Minnewashta Regional Park (located along Highway 41 between Highways 5 and 7) from 5 am to 9 pm daily. Vehicles without watercraft require entry codes to park in this public access. Entry codes are available at the Lake Minnewashta Regional Park watercraft inspection site. Your access code is only usable two times; one time to launch and the second time to remove your boat, so plan accordingly. Lotus Lake residents must contact your neighborhood key holder to remove your watercraft from the lake. The City of Chanhassen adopted these measures on xxxx, 2011 to prevent and minimize the spread of zebra mussels and other Aquatic Invasive Species to Lotus Lake. Please follow the DNR guidelines for AIS prevention CLEAN, DRAIN & DRY Please give the inspectors your full cooperation. Mr. Todd Gerhardt September 12, 2011 Page 6 Pilot Phase "If Problems" banner wording: If you are having difficulty with the public access All vehicles intending to enter the public access must have an entry code. Remember that your entry code will only work twice. You will have to get another code from the Lake Minnewashta Regional Park inspection site if you need access more than twice for whatever reason. Lotus Lake residents must contact your neighborhood key holder to remove your watercraft. If the gate is not operating with a valid entry code that has not already been used, call the [ ? ?? ] Police at 999 - 999 -9999 On July 23, 2011, the Park and Recreation Commission hosted four residents during the visitor presentation portion of the agenda. The primary topics of discussion were the operation of the South Lotus Lake Park Public Water Access and the efforts of the aquatic invasive species education and voluntary inspection campaign being conducted at Lotus Lake. The visitors requested that the commission respond to three requests: • Enforce Park Hours at South Lotus Lake Park Boat Access • Adopt an Aquatic Invasive Species (AIS) Policy • Further Support the Volunteer Aquatic Invasive Species Education Program at the South Lotus Lake Park Boat Access Additionally, following visitor presentations, the commission made the following motion: Daniel moved, Tom Kelly seconded that the city continue discussions with the various homeowner associations and Lake Action Alliance to discuss implementation of a gate at the South Lotus Lake Park access point to operate during park hours only, evaluate costs associated with gates at boat access points on Lake Susan and Lake Ann, but not connect the implementation of a gate at Lotus Mr. Todd Gerhardt September 12, 2011 Page 7 Lake with the other two lakes, and a report on enforcement of park hours by the Carver County Sheriffs Office be brought back at a special Park and Recreation Commission meeting on August 9, 2011. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Staff provided the following responses to the requests and inquiries from the visitors and commission. VISITOR REQUESTS Enforce Park Hours at South Lotus Lake Park Boat Access: Chanhassen city park operating hours are 6 a.m. to 10 p.m. The City of Chanhassen provides public safety services through an annual contract with the Carver County Sheriff's Office. Officers conduct routine patrols of the city, including parks, and respond to calls for service as needed. The patrol coverage afforded by the contract does not permit city parks to be checked daily for hours of operation violations. In a typical scenario, an officer may encounter persons and /or vehicles in a park before or after hours while on routine patrol. Additionally, officers respond to reports called in to the dispatch center of disturbances in the parks during both open and closed hours. Further enforcement of park hours at the South Lotus Lake Park Boat Access would require a change in the current patrol format implemented through a policy directive from the City Council. Adopt an Aquatic Invasive Species (AIS) Policy: To date, the City of Chanhassen has not adopted an aquatic invasive species (AIS) policy. A variety of governmental agencies are currently involved in the efforts to slow the spread of aquatic invasive species within the region and state. Primary among these are the State of Minnesota, the U.S. Fish and Wildlife Service, U.S. Geological Survey, and Watershed Districts. DNR employees are staffing aquatic invasive species education and inspection stations across the state. Additionally, many programs similar to the Lotus Lake and Lake Minnewashta AIS education and voluntary inspection campaigns are being initiated statewide. The commission is in a position to recommend that the city council consider the adoption of such a policy. This level of policy development, if authorized, would require the input of citizens; city advisory committees; and local, county, state and regional governing bodies. Further Support the Volunteer Aquatic Invasive Species Education Program at South Lotus Lake Park Boat Access: This spring, staff engaged in a series of meetings with the Lotus Lake Clean Water Organization. Discussion topics were numerous, but primary among them were the operation of the South Lotus Lake Park Public Water Access and the desire to implement an aquatic invasive species education and voluntary inspection campaign at Lotus Lake. This campaign would be coordinated and funded by the Lotus Lake Clean Water Association and affiliated groups. Staff supported the implementation of an AIS education and Mr. Todd Gerhardt September 12, 2011 Page 8 voluntary inspection campaign at the Lotus Lake Public Water Access with assurances from the association representatives that the program would be education -based and that boat or watercraft inspections would be voluntary. The city also submitted a grant application to the DNR for additional AIS education signage to be posted at the access. This application was approved, and the signs were procured and installed. AIS Volunteers are trained through a Minnesota Department of Natural Resources program utilizing a comprehensive manual (see attachment) and on -site trainers employed by the DNR. It is anticipated that the efforts of the Volunteer Aquatic Invasive Species Education Program at South Lotus Lake Park Boat Access, or either of the other two city -owned public water access points in our community, will continue the remainder of this boating season and extend into the future. To formalize the relationship between the city and the volunteer groups, it is recommended that the city comply with one of the suggested action steps in the DNR AIS Volunteer Manual and create a written agreement between the city and volunteer groups for adoption by the city council. PARK AND RECREATION COMMISSION MOTION FROM JULY 26,2011: The city continue discussions with the various homeowner associations and Lake Action Alliance to discuss implementation of a gate at the South Lotus Lake Park access point to operate during park hours only, evaluate costs associated with gates at boat access points on Lake Susan and Lake Ann, but not connect the implementation of a gate at Lotus Lake with the other two lakes. The request to install a gate at the South Lotus Lake Park Public Water Access is broken into two parts: • A request by the Lake Action Alliance group (LAA) to provide and install an electronic key card gate requiring boaters to travel to an off -site location for a mandatory watercraft inspection. At this location, the boater would receive a code for the gate prior to transporting their boat to the South Lotus Lake Park Public Water Access to enter the water. Minnesota state law does not allow for mandatory watercraft inspections except in the event that a licensed conservation officer or police officer or authorized AIS inspector level I and II is present and requires one. • A request by the Lake Action Alliance group (LAA) to provide and install an electronic gate that would open at 6 a.m. each morning and close at 10 p.m. each night. Staff does not support the request of installing a gated access point at Lotus Lake or either of the community's other two "city- owned" public water accesses. The small Mr. Todd Gerhardt September 12, 2011 Page 9 percentage of overall access use that occurs before or after hours, coupled with the complexities that would accompany the long -term maintenance and operation of an electronic gate system, is the basis for this position. Second Part of Park & Recreation Commission Motion: A report on enforcement of park hours be provided by the Carver County Sheriffs Office at a special Park and Recreation Commission meeting on August 9, 2011. • Refer to page 3 under Visitor Requests, Enforce Park Hours at South Lotus Lake Park Boat Access. STAFF RECOMMENDED ACTION TO PARK AND RECREATION COMMISSION FROM AUGUST 9,2011: It is staff's recommendation that the Park and Recreation Commission recommend the City Council continue to support the Aquatic Invasive (AIS) education and voluntary inspection campaign being conducted at the South Lotus Lake Park Public Water Access. To formalize the relationship between the city and volunteer groups conducting AIS education and voluntary inspection campaigns at city -owned public water access points, it is recommended that the city comply with an action step in the DNR AIS Volunteer Manual and create a written agreement between the city and volunteer groups, outlining expectations and procedures for adoption by the City Council. On August 9, 2011, the Chanhassen Park and Recreation Commission hosted a special public meeting to discuss the topic of Aquatic Invasive Species (AIS) — Zebra Mussel. Twenty -seven visitors signed the commission meeting attendance sheet. Staff presented their findings and recommendations to the commission and answered questions. The commission hosted a lengthy public input portion of the meeting and upon closing public comments, commenced commission discussion on the topic. At the conclusion of their discussion the following three motions were made: • Motion #1— Concerning Volunteer Inspections: Daniel moved, Carron seconded that the Park and Recreation Commission recommend that the City comply with an action step in the DNR AIS Volunteer Manual and create a written agreement between the City and volunteer groups outlining expectations and procedures for adoption by the City Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. • Motion #2 — Concerning Aquatic Invasive Species Policy: Ryan moved, Tom Kelly seconded that the Park and Recreation Commission recommend that the City Mr. Todd Gerhardt September 12, 2011 Page 10 Council moves forward with the very aggressive approach in terms of timing and developing a policy with the input of the citizens, city advisory committees and local, county, state and regional governing bodies to adopt an aquatic invasive species policy. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Motion #3 — Concerning Public Water Access Control Gate: Tom Kelly moved, Ryan seconded that the Park and Recreation Commission recommends to the City Council to approve the installation of an electronic gate at the public access at Lotus Lake to enforce the posted lake access hours. This gate will be purchased, installed and maintained at the expense of the Lake Action Alliance group with the only initial expense to the City being the electrical hook -up. Additional gate management issues will be worked out between the City of Chanhassen and the Lake Action Alliance group. All voted in favor, except Daniel and Carron who opposed. The motion carried with a vote of 3 to 2. On August 26, 2011, the city received a response from the Department of Natural Resources to our inquiry asking if gating the South Lotus Lake Park Boat Access would be permitted under the terms of the City /State grant agreement for South Lotus Lake Park. The letter from Mr. Joe Hiller is attached to this report. ATTACHMENTS 1. Letter from Joe Hiller, MnDNR dated August 26, 2011 2. MnDNR Listing of confirmed Zebra Mussel infested waters as of May 2, 2011 3. City Council Minutes dated July 11, 2011 4. Park and Recreation Commission Minutes dated July 26, 2011 5. Park and Recreation Commission Minutes dated August 9, 2011 6. Minnesota Department of Natural Resources AIS Volunteer Manual 7. Draft DNR Proposed Minnesota AIS Inspection and Decontamination Levels G: \park \th\zebra mussels \city council work report 9- 12- 11.doc Minnesota Department of Natural Resources INnrtesots 500 Lafayette Road - St. Paul, MN - 55155-40 August 26, 2011 DEPARTM8ITOP NATURAL RESWRW Mr. Todd Hoffman Park and Recreation Director City of Chanhassen PO Box 147 7700 Market Boulevard Chanhassen, MN 66317 Dear Mr. Hoffman, I have been asked to answer your July 28, 2011 letter to Commissioner Landwehr. You asked if gating the South Lotus Lake Boat Access would be permitted under the terms of the City - State grant agreement for South Lotus Lake Park. In 1980, the State awarded Chanhassen a grant from the federal Land & Water Conservation Fund (L &WCF) to develop South Lotus Lake Park with a boat launch, dock, landscaping and roads. By accepting the grant, the City agreed to the requirements of the L &WCF grant program. These requirements are summarized in 36 CFR Part 59. The chief L&WCF requirement is to retain and operate grant- funded facilities solely for outdoor recreation purposes (36 CFR Part 59.3). Installing an access gate on the site would be allowable if it were necessary to protect recreation in the park itself — for example, if overnight vandalism was a problem. A gate used to limit access to the lake for aquatic invasive species control purposes would not be considered necessary to, or supportive of, recreation in the park and therefore would not be allowed. Please call me if you have any questions or would like more information about the grant program. Sincerely 61/ 1- oe Hiller Parks & Trails 500 Lafayette Road St. Paul, MN 551554052 651- 259 -5538 joe.hiller ci,state.mn.us wwwArstate.mn.us AN EQUAL OPPORTUNITY EMPLOYER 40 PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM Of 10% POST- CONSUMER WASTE § 51.8 §51.8 Public availability of conces- sions information. Among other information which may be required by contract or otherwise, the following information shall be con- tained in the financial statements sub- mitted to the Director by a conces- sioner and shall be made available to the public by the Director: Gross re- ceipts broken out by department for the 3 most recent years: franchise fees charged broken out by building use fee and percentage fee for the 3 most re- cent years; merchandise inventories for the 3 most recent years; and the depre- ciable fixed assets and net depreciable fixed assets of the concessioner. Other information may also be made avail- able to the public to the extent per- mitted by law. The authority in this section shall not be exercised by the Director with respect to contracts in effect prior to the effective date of these regulations if the Director deter- mines that such exercise would con- stitute a material breach of the conces- sion contract at issue. §51.9 Information collection. (a) The collections of information contained in this rule have been ap- proved by the Office of Management and Budget as required by 44 U.S.C. 3051 et seq. and assigned clearance num- bers 1024 -0095 (contracting procedures, § §51.4- 51.6), and 1024 -0096 (sales and transfers, §51.7). Response is required to obtain a benefit in accordance with 16 U.S.C. 20, et seq. (b) The public reporting burden for the collection of information for the purpose of preparing an offer in re- sponse to a contract solicitation is es- timated to average 80 hours per offer. The public reporting burden for the collection of information for the, pur- pose of reporting a sale or transfer of a concession operation is estimated to be 160 hours for a large operation, and 32 hours for a small operation. Please send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Information Collection Officer, Na- tional Park Service, 800 North Capitol Street, NW., Washington, DC 20002; and the Office of Management and Budget, 36 CFR Ch. 1 (7 -1 -98 Edition) Paperwork Reduction Act (1024 -0095 and 1024 - 0096), Washington, DC 20503. [57 FR 40503, Sept. 3, 1992, as amended at 58 FR 36598, July 8, 19931 PART 59 —LAND AND WATER CON- SERVATION FUND PROGRAM OF ASSISTANCE TO STATES; POST - COMPLETION COMPLIANCE RE- SPONSIBILITIES Sec. 59.1 Applicability. 59.2 Information collection. 59.3 Conversion requirements. 59.4 Residency requirements. 59.5 -59.6 [Reserved] AUTHORITY: Sec. 6, L &WCF Act of 1965 as amended; Pub. L. 88 -578; 78 Stat. 897: 16 U.S.C. 4601 -4 etseq. SOURCE: 51 FR 34184, Sept. 25, 1986, unless otherwise noted. § 59.1 Applicability. These post - completion responsibil- ities apply to each area or facility for which Land and Water Conservation Fund (L &WCF) assistance is obtained, regardless of the extent of participa- tion of the program in the assisted area or facility and consistent with the contractural agreement between NPS and the State. Responsibility for com- pliance and enforcement of these provi- sions rests with the State for both State and locally sponsored projects. The responsibilities cited herein are applicable to the area depicted or oth- erwise described on the 6(f)(3) boundary map and /or as described in other project documentation approved by the Department of the Interior. In many instances, this mutually agreed to area exceeds that actually receiving L &WCF assistance so as to assure the protection of a viable recreation en- tity. For leased sites assisted under L &WCF, compliance with post- comple- tion requirements of the grant ceases following lease expiration unless the grant agreement calls for some other arrangement. § 59.2 Information collection. The information collection require- ments contained in §59.3 have been ap- proved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. 252 National Park Service, Interior and assigned clearance number 1024- 0047. The information is being collected to determine whether to approve a project sponsor's request to convert an assisted site or facility to other than public outdoor recreation uses. The in- formation will be used to assure that the requirements of section 6(f)(3) of the L &WCF Act would be met should the proposed conversion be imple- mented. Response is required in order to obtain the benefit of Department of the Interior approval. §59.3 Conversion requirements. (a) Background and legal requirements. Section 6(f)(3) of the L &WCF Act is the cornerstone of Federal compliance ef- forts to ensure that the Federal invest- ments in L &WCF assistance are being maintained in public outdoor recre- ation use. This section of the Act assures that once an area has been funded with L &WCF assistance, it is continually maintained in public recre- ation use unless NPS approves substi- tution property of reasonably equiva- lent usefulness and location and of at least equal fair market value. (b) Prerequisites for conversion ap- proval. Requests from the project spon- sor for permission to convert L &WCF assisted properties in whole or in part to other than public outdoor recreation uses must be submitted by the State Liaison Officer to the appropriate NPS Regional Director in writing. NPS will consider conversion requests if the fol- lowing prerequisites have been met: (1) All practical alternatives to the proposed conversion have been evalu- ated. (2) The fair market value of the prop- erty to be converted has been estab- lished and the property proposed for substitution is of at least equal fair market value as established by an ap- proved appraisal (prepared in accord- ance with uniform Federal appraisal standards) excluding the value of struc- tures or facilities that will not serve a recreation purpose. (3) The property proposed for replace- ment is of reasonably equivalent use- fulness and location as that being con- verted. Dependent upon the situation and at the discretion of the Regional Director, the replacement property need not provide identical recreation § 59.3 experiences or be located at the same site, provided it is in a reasonably equivalent location. Generally, the re- placement property should be adminis- tered by the same political jurisdiction as the converted property. NPS will consider State requests to change the project sponsor when it is determined that a different political jurisdiction can better carry out the objectives of the original project agreement. Equiv- alent usefulness and location will be determined based on the following cri- teria: (i) Property to be converted must be evaluated in order to determine what recreation needs are being fulfilled by the facilities which exist and the types of outdoor recreation resources and op- portunities available. The property being proposed for substitution must then be evaluated in a similar manner to determine if it will meet recreation needs which are at least like in mag- nitude and impact to the user commu- nity as the converted site. This cri- terion is applicable in the consider- ation of all conversion requests with the exception of those where wetlands are proposed as replacement property. Wetland areas and interests therein which have been identified in the wet- lands provisions of the Statewide Com- prehensive Outdoor Recreation Plan shall be considered to be of reasonably equivalent usefulness with the prop- erty proposed for conversion regardless of the nature of the property proposed for conversion. (ii) Replacement property need not necessarily be directly adjacent to or close by the converted site. This policy provides the administrative flexibility to determine location recognizing that the property should meet existing pub- lic outdoor recreation needs. While generally this will involve the selec- tion of a site serving the same commu- nity(ies) or area as the converted site, there may be exceptions. For example, if property being converted is in an area undergoing major demographic change and the area has no existing or anticipated future need for outdoor recreation, then the project sponsor should seek to locate the substitute area in another location within the ju- risdiction. Should a local project spon- sor be unable to replace converted 253 § 59.3 property, the State would be respon- sible, as the primary recipient of Fed- eral assistance, for assuring compli- ance with these regulations and the substitution of replacement property. (iii) The acquisition of one parcel of land may be used in satisfaction of sev- eral approved conversions. (4) The property proposed for substi- tution meets the eligibility require- ments for L &WCF assisted acquisition. The replacement property must con- stitute or be part of a viable recreation area. Unless each of the following addi- tional conditions is met, land currently in public ownership, including that which is owned by another public agen- cy, may not be used as replacement land for land acquired as part of an L &WCF project: (i) The land was not acquired by the sponsor or selling agency for recre- ation. (ii) The land has not been dedicated or managed for recreational purposes while in public ownership. (iii) No Federal assistance was pro- vided in the original acquisition unless the assistance was provided under a program expressly authorized to match or supplement L &WCF assistance. (iv) Where the project sponsor ac- quires the land from another public agency, the selling agency must be re- quired by law to receive payment for the land so acquired. In the case of development projects for which the State match was not derived from the cost of the purchase or value of a donation of the land to be con- verted, but from the value of the devel- opment itself, public land which has not been dedicated or managed for recreation /conservation use may be used as replacement land even if this land is transferred from one public agency to another without cost. (5) In the case of assisted sites which are partially rather than wholly con- verted, the impact of the converted portion on the remainder shall be con- sidered. If such a conversion is ap- proved, the unconverted area must re- main recreationally viable or be re- placed as well. (6) All necessary coordination with other Federal agencies has been satis- factorily accomplished including, for example, compliance with section 4(f) 36 CFR Ch. 1 (7 -1 -98 Edition) of the Department of Transportation Act of 1966. (7) The guidelines for environmental evaluation have been satisfactorily completed and considered by NPS dur- ing its review of the proposed 6(f)(3) ac- tion. In cases where the proposed con- version arises from another Federal ac- tion, final review of the State's pro- posal shall not occur until the NPS Re- gional office is assured that all envi- ronmental review requirements related to that other action have been met. (8) State intergovernmental clearing- house review procedures have been ad- hered to if the proposed conversion and substitution constitute significant changes to the original Land and Water Conservation Fund project. (9) The proposed conversion and sub- stitution are in accord with the State- wide Comprehensive Outdoor Recre- ation Plan (SCORP) and /or equivalent recreation plans. (c) Amendments for conversion. All conversions require amendments to the original project agreements. Therefore, amendment requests should be submit- ted concurrently with conversion re- quests or at such time as all details of the conversion have been worked out with NPS. Section 6(f)(3) project boundary maps shall be submitted with the amendment request to identify the changes to the original area caused by the proposed conversion and to estab- lish a new project area pursuant to the substitution. Once the conversion has been approved, replacement property should be immediately acquired. Ex- ceptions to this rule would occur only when it is not possible for replacement property to be identified prior to the State's request for a conversion. In such cases, an express commitment to satisfy section 6(f)(3) substitution re- quirements within a specified period, normally not to exceed one year fol- lowing conversion approval, must be received from the State. This commit- ment will be in the form of an amend- ment to the grant agreement. (d) Obsolete facilities. Recipients are not required to continue operation of a particular facility beyond its useful life. However, when a facility is de- clared obsolete, the site must nonethe- less be maintained for public outdoor recreation following discontinuance of 254 National Park Service, Interior the assisted facility. Failure to so maintain is considered to be a conver- sion. Requests regarding changes from a L &WCF funded facility to another otherwise eligible facility at the same site that significantly contravene the original plans for the area must be made in writing to the Regional Direc- tor. NPS approval must be obtained prior to the occurrence of the change. NPS approval is not necessarily re- quired, however, for each and every fa- cility use change. Rather, a project area should be viewed in the context of overall use and should be monitored in this context. A change from a baseball field to a football field, for example, would not require NPS approval. A change from a swimming pool with substantial recreational development to a less intense area of limited devel- opment such as a passive park, or vice versa, would, however, require NPS re- view and approval. To assure that facil- ity changes do not significantly con- travene the original project agreement, NPS shall be notified by the State of all proposed changes in advance of their occurrence. A primary NPS con- sideration in the review of requests for changes in use will be the consistency of the proposal with the Statewide Comprehensive Outdoor Recreation Plan and /or equivalent recreation plans. Changes to other than public outdoor recreation use require NPS ap- proval and the substitution of replace- ment land in accordance with section 6(f)(3) of the L &WCF Act and para- graphs (a) through (c) of this section. 151 FR 34184, Sept. 25, 1986, as amended at 52 FR 22747, June 15, 19871 § 59.4 Residency requirements. (a) Background. Section 6(f)(8) of the L &WCF Act prohibits discrimination on the basis of residence, including preferential reservation or membership systems, except to the extent that rea- sonable differences in admission and other fees may be maintained on such basis. This prohibition applies to both regularly scheduled and special events. The general provisions regarding non- discrimination at sites assisted under Interior programs and, thereby, all other recreation facilities managed by a project sponsor, are covered in 43 CFR part 17 which implements the pro- Pt. 60 visions of Title VI of the Civil Rights Act of 1964 for the Department. (b) Policy. There shall be no discrimi- nation for L &WCF assisted programs and services on the basis of residence, except in reasonable fee differentials. Post - completion compliance respon- sibilities of the recipient should con- tinue to ensure that discrimination on the basis of residency is not occurring. (c) Fees. Fees charged to nonresidents cannot exceed twice that charged to residents. Where there is no charge for residents but a fee is charged to non- residents, nonresident fees cannot ex- ceed fees charged for residents at com- parable State or local public facilities. Reservation, membership, or annual permit systems available to residents must also be available to nonresidents and the period of availability must be the same for both residents and non- residents. Recipients are prohibited from providing residents the option of purchasing annual or daily permits while at the same time restricting non- residents to the purchase of annual permits only. These provisions apply only to the approved 6(f)(3) areas appli- cable to the recipient. Nonresident fishing and hunting license fees are ex- cluded from these requirements. §§ 59.5 -59.6 [Reserved] PART 60— NATIONAL REGISTER OF HISTORIC PLACES Sec. 60.1 Authorization and expansion of the Na- tional Register. 60.2 Effects of listing under Federal law. 60.3 Definitions. 60.4 Criteria for evaluation. 60.5 Nomination forms and information col- lection. 60.6 Nominations by the State Historic Preservation Officer under approved State Historic Preservation programs. 60.7 -60.8 1Reservedl 60.9 Nominations by Federal agencies. 60.10 Concurrent State and Federal nomina- tions. 60.11 Requests for nominations. 60.12 Nomination appeals. 60.i3 Publication in the FEDERAL REGISTER and other NPS notification. 60.14 Changes and revisions to properties listed in the National Register. 60.15 Removing properties from the Na- tional Register. 255 Waters infested with zebra mussels. The following water bodies are infested with zebra mussel (Dreissena spp.). Name DNR Public Waters Inventory Number Benton County Little Rock Channel 05 -0012 Little Rock Lake 05 -0013 Cass County Bass Lake 11 -0220 Green's Lake 11 -0786 Gull Lake 11 -0305 Gull River Margaret Lake 11 -0222 Spider Lake 11 -0221 Upper Gull Lake 11 -0218 Crow Wing County Black Bear Lake 18 -0140 Boom Lake 18 -0529 Half -Moon Lake 18 -0238 Little Rabbit Lake 18 -0139 Love Lake 18 -0388 Miller Lake 18 -0133 Nisswa Lake 18 -0399 Ossawinnamakee Lake 18 -0352 Pelican Brook, from the source at Ossawinnamakee Lake to the Pine River Pickerel Lake 18 -0232 Pine River, from the mouth of Pelican Brook to the Mississippi River Rice Lake 18 -0145 Round Lake 18 -0373 Roy Lake 18 -0398 Bishop Creek, between Round and Gull lakes (located in Section 35, Township 135N, Range 29W) Unnamed wetland 18 -0235 Unnamed wetland none (located in the NE 1/4 of the SW 1/4 of Section 3, Township 135N Range 27W) 14 Unnamed wetland none (located in the NE 114 of the SE 114 of Section 2, Township 46N, Range 30W) Unnamed wetland none (located in the NE 114 of the SW 1/4 of Section 2, Township 46N, Range 30W) Unnamed wetland none (located in the NE 1/4 of the NE 1/4 of Section 33, Township 135N, Range 27W) Unnamed wetland none (located in the NW 1/4 of the NE 1/4 of Section 33 of Township 46N, Range 30W) Dakota County Lake Rebecca 19 -0300 Douglas County Lake Alvin 21 -0093 Lake Carlos 21 -0057 Lake Darling 21 -0080 Lake Geneva 21 -0052 Lake Jessie 21 -0055 Lake Le Homme Dieu 21 -0056 Long Prairie River Lake Victoria 21 -0054 Hennepin County Edina Mill Pond 27 -0041 Gray's Bay Outlet (wetland) 27 -0761 Lake Hiawatha 27 -0018 Meadowbrook Lake 27 -0054 Minnehaha Creek Lake Minnetonka 27 -0133 Minnehaha Marsh 27 -0084 Lake Nokomis 27 -0019 Unnamed wetland in the NE 1/4 of Section 20, Township 117N, Range 21W 27 -0662 Unnamed wetland in the SW 1/4 of Section 20, Township 117N, Range 21W 27 -0663 Unnamed pond in the NW 1/4 of Section 14, Township 117, Range 22 27 -0721 Unnamed wetland NW 1/4 of Section 18, Township 117N, Range 21W 27 -0715 Unnamed wetland in the E 1/2 of Section 13, Township 117N, Range 22W 27 -0716 Unnamed wetland in the SE 1/4 of Section 11 and NE 114 of Section 14, 27 -0720 Township 117N, Range 22W Unnamed wetland in the NW 1/4 of Section 19, Township 117N, Range 21W 27 -0779 Mille Lacs County Lake Mille Lacs 48 -0002 Ogechie Lake 48 -0014 Onamia Lake 48 -0009 Shakopee Lake 48 -0012 Olmsted County Lake Zumbro 55- 000415 Otter Tail County Bass Lake 56 -0770 ` Crystal Lake 56 -0749 Fish Lake 56 -0768 Little Pelican Lake 56 -0761 Lake Lizzie 56 -0760 Pelican Lake 56 -0786 Pelican River, from Fish Lake downstream to Prairie Lake Prairie Lake 56 -0915 Ramsey County Charlie Charley Lake 62 -0062 Pleasant Lake 62 -0046 Sucker Lake 62 -0028 Lake Vadnais 62 -0038 St. Louis County Pike Lake 69 -0490 Mud Lake 69 -0512 White Pine River Scott County Lower Prior Lake 70 -0026 Upper Prior Lake 70 -0072 Washington County St. Croix River, downstream_ of the St. Croix Boomsite Recreation Area, at river mile 25.4 Wright County Fish Lake 86 -0183 Multiple Counties Crow Wing River, downstream of the confluence with the Long Prairie River to the Mississippi River (Cass and Morrison counties) Long Prairie River (Cass, Douglas, and Todd counties) Mississippi River, from the mouth of the Pine River in Crow Wing County to the Minnesota — Iowa border Rum River St. Louis River, downstream of the mouth of the White Pine River Lake Superior 16 -0001 Tributaries to Lake Mille Lacs, from their mouth upstream to the first public road (Aitkin, Crow Wing, and Mille Lacs counties) Zumbro River, downstream of Lake Zumbro Chanhassen City Council - July 11, 2011 2) Resolution #2011 -46: Approve Resolution for Cooperative Agreement Grant Application (Intersection of Pioneer Trail and TH 101). e. Approval of Temporary On -Sale Intoxicating Liquor License, Harvest Festival, August 20 & 21, St. Hubert Catholic Community. f. Boulder Cove Subdivision: Approve Time Extension to File Development Contract and Final Plan Mylars, Cottage Homesteads at Boulder Cove, LLC. g. Approve Amendment to Chapter 7 of City Code Concerning Electrical Regulations (as amended by staff); Including Approval of Summary Ordinance for Publication Purposes. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Bob Ayotte: Good evening Mayor, council. My name is Bob Ayotte. I live at 6213 Cascade Pass in Chanhassen and I'm not going to presume that you all do not know issues associated with the zebra mussel issue but I do want to make it a matter of public record as a resident. That was planned. Anyways, so I just wanted to make these points as a matter of public record. I'm certain that you already have it in your rucksack anyways but if I make it a matter of public record, then we can force the talking points down the road. I had a, I was listening to, I was going to say I had a conversation with Senator Ortman. That wasn't true. I was listening to Senator Ortman. She made a very key point with regard to the city of Chanhassen, that it's a center of influence and you can take away with that what you will. For me the center of influence is that it's got a lot of lakes and these lakes are pristine and we need to protect them. The second point I want to make is that when you thought about running for city council you could not find a good reason to do it because it's a hell of a job and no one thanks you so from that standpoint the only reason why you do it is because if good people don't do it, bad people will so that's the second point I want to bring up before I go into the specifics. With regard to, because you are going to get a lot of frontal attacks on this business I'm certain but when you do consider it I would ask to make these considerations a part of your discussion, and I'll put the first one public safety. Whatever ordinance you do decide to adopt, if you do decide to adopt it, that it's enforceable. So often we'll have an ordinance on the books, which is silly because you cannot really control it. Secondly, that there has to be repercussions associated with not following an ordinance and that the deterrents associated with it must be severe. So if you do go along that path, along that trail of bringing an ordinance, make sure that happens. I've had discussions with a few folks and to a point, if you do introduce an ordinance you can bet that there will be somebody who will contradict that ordinance. Go around that ordinance and defy that ordinance and do things that might even be worst than if we didn't have the ordinance. Sabotage as an example. So don't think that it will not happen because it has happened in other areas so please make that note known when you have that discussion amongst yourselves. The second point is, I would ask that you also take a look at the other community experiences. One of the things that I experienced in the military, I was in for a couple years, was that there was too much ready, fire, aim. I would ask that you stay away from that so take a look at other communities with some level of detail and let's see if we can learn from that, and I'll just throw a little dig in because I used to work with the Environmental Commission. That would be a good deal for them to dig into myself. I'm just going to recommend that. Legality. I know we pay 2 Chanhassen City Council - July 11, 2011 vast quantities of money to Roger so for that reason I would suggest that from the legal aspects we really take a look at that and then include it in that association with the legal aspects some effort to take in those other agents that have a vested interest. As an example DNR. I would hope that this City Council, and I'm sure you realize that, who owns the water, so those parties that are associated with our lakes, viz a viz the DNR be included beyond a simple consultation. One of the things that I think you should be proud of is what you've done in cooperation with the University of Minnesota and other educational arms when it comes to carp. Those heathen creatures but anyways, why not take the step forward and dig deep and hard to see what other opportunities there may be, not only with state agencies but educational arms and even god forbid the feds. You know there are agencies within the federal government that are deep into this sort of thing so those are the points I wanted to make just as a matter of public record. I realize most of you, you probably all know the things that I've mentioned but I just want to make it a point again from the community standpoint, from the resident standpoint. One last point I'd like to bring up, and I was hoping I'd see public safety here. Someone from Sheriff Olson's office but I believe there's an imbalance in water patrols in the city of Chanhassen. There's too much attention as far as I'm concerned in those areas west of us. I love those folks out in the west but nonetheless if you take a look at the hours spent on lakes that a way rather than this a way I believe there is an imbalance and I would suggest that maybe we take a look at that the next time we have discussions with our sheriff, maybe that could be brought up. Thank you for your attention and the opportunity to address you. Mayor Furlong: Thank you Mr. Ayotte. Anyone else who would like to address the council this evening. Jim Theis: Hi. My name is Jim Theis and I live at 6400 Chanhassen Road on the corner of 101 and Pleasant View. I didn't know if you wanted to now or wait until new business but I'm here to talk about the 101 and Pleasant View trail and road improvement. Mayor Furlong: Mr. Theis, thank you for asking. Let's, if you don't mind staying around for that item when we bring it up on our agenda and I'll be sure to have public comments at that time. And anyone else that would like to speak on that but thank you. Anyone else within visitor presentations this evening? Steve Jenks: Yeah Mr. Mayor and council members and staff, I'm Steve Jenks. I live at 7490 Chanhassen Road and I'm here with, to represent the Lake Action Alliance and the Lake Action Alliance is a group of interested parties that have been looking deeply into the zebra mussel problem and we were looking at it individually for the lakes we were engaged with and we all came to some pretty common issues and so as we worked together we found ways we thought would, could be ways to address those common issues and come up with a workable solution to prevent zebra mussels from in fact infesting several Chanhassen lakes. And so what we'd like to do is spend the next couple of weeks engaging the City Council with our plan, our proposal. It's a pilot and then what we'd like to do is have this pilot proposal as a topic for the City Council in 2 weeks, and so I just want to leave you with that. I can spend much more time if you want me to and I think some of you already know a bit about it but we'd like to talk to you all in detail. It's important for the success of this program to have Chanhassen as a partner and that's what we're after. Chanhassen City Council - July 11, 2011 Mayor Furlong: Okay. And Mr. Jenks I know we've had a number of meetings. You've attended some and city staff has been involved more of the meetings than I've been involved with so I know that at our last meetings there were some open questions. You and I spoke on Friday and I don't know if there are more responses there or not but Mr. Gerhardt anything from your standpoint here in terms of the status. Have we, I guess one of my questions, have we received information back from, on some of those open items? Which were open items because I think the reason I ask that is, having answers to those are going to be, will be important as to the timing of when the council gets involved so. Todd Gerhardt: We're still working on a legal opinion yet to see what jurisdiction really has authority over the boat access and the possibility of gating that or not gating that. We also are looking for information on where the inspections are going to occur and I think there's several other ones that I don't remember off the top of my head but. Steve Jenks: Yeah I've got some things that, I don't know if this is the right forum. There's a lot of details. Probably another forum to talk about it but I can answer some of those and I'm thrilled to hear that you're working on the legal issue because that's one of the requests we would make. We don't have the authority and frankly it's better if you ask the question the way you want it answered. Mayor Furlong: What I would suggest is, you know as we talked about at the last meeting that I attended with a number of representatives from the lake associations, as well as the City of Shorewood, Carver County, DNR had representatives there, watershed districts, is when we get some of these basic questions answered we'll certainly bring it back to the council as soon as it's ready to go. It's not something that we're by any means shying away from but I think it's, from productivity standpoint it makes sense to make sure that we, from legal issues and other types of questions in terms of the process for the proposal, that we have enough to talk about. Steve Jenks: So if I work with Todd. Mayor Furlong: I think continue to work with. Steve Jenks: I want to make sure I address your questions because obviously I'd like to have it on the agenda. Mayor Furlong: Yep. Steve Jenks: Are you the right contact for me to engage? Todd Gerhardt: Yeah, I'll send you an email with our list of questions and concerns from a staff level and then I'm sure the council will have additional ones when we meet. Steve Jenks: That'd be great. Right. Mayor Furlong: Okay. Steve Jenks: Thank you very much. 11 Chanhassen City Council - July 11, 2011 Mayor Furlong: Okay, we'll keep moving forward. Thank you. Steve Jenks: Thanks. Mayor Furlong: Anyone else for visitor presentations this evening? Very good, thank you. TH 101 AND PLEASANT VIEW INTERSECTION PROJECT 11 -05: CONSIDER APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISING FOR BIDS. Mayor Furlong: Let's start with a staff report please. We'll pick up questions from council members and then have public comment before. Councilman McDonald: Excuse me Mr. Mayor, I need to recuse myself from this before we get started. Mayor Furlong: Councilman McDonald, thank you. I apologize for forgetting that. Paul Oehme: Thank you Mayor, City Council members. I just have a brief presentation for you tonight. Just a little background here. The project is again, it's 101 and Trunk Highway 101 and Pleasant View Road which is up in the northeast corner of our community. Background a little bit for this project. It kind of initiated you know several years ago. We have continuously received residential complaints and complaints from traveling public in this area regarding the intersection of 101 and Pleasant View Road. Staff has worked with MnDOT and others to look at the intersection and the accidents that have been taking place out here and MnDOT has assisted us on some traffic counts and some turning movements counts as well so been very helpful in obtaining that documentation as well. And also working with the parks department on, up in this location of our community. There is a trail gap per se from Pleasant View Road up to County Road 62. Town Line Drive where there is a trail gap between our trail loop in our community and the trail within other communities so trying to address all those issues under this one project. The City has received almost $600,000 worth of grant dollars for this project, including for trail improvements and Highway 101 improvements as well so. Work to date, we have met with the neighbors in this area on March 3 We did receive some good feedback from those property owners. Most of the people that we have talked to are in favor of the project moving forward. We are continuing to meet with property owners along the corridor, specifically in conjunction with easements that are necessary for the construction of the trail along 101 so continue meeting with those property owners. And then plans have been completed as far as we can go at this time until MnDOT gets back to work and finishes up the reviews of those plans. Chad Larson is here from Kimley -Horn and Associates and they have been helping, assisting the City in putting those plans together as well. Just looking at some of the documentation, that data that we've collected for this intersection. Accidents are shown here on 101 mainly from 2006 all the up to present date. Total of about 21 accidents have been recorded by MnDOT at this location and you some of these accidents potentially can be reduced or correctable with additional left turn lanes at this intersection and some of those crashes that have been identified are those left turn lanes or rear end's. The side swipe crashes that potentially can be reduced by reconfiguring this intersection. There are substantial delays at trying to get onto Pleasant View, or onto 101 from Pleasant View Road, especially in the a.m. peak hours and you 5 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING JULY 26, 2011 Chairman Daniel called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Jeff Daniel, Steve Scharfenberg, Elise Ryan, Cole Kelly, Tom Kelly, Peter Aldritt, and Brent Carron MEMBERS ABSENT: None. STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and John Stutzman, Recreation Supervisor PUBLIC PRESENT: Tom Devine Steve Jenks Joe Shneider Matt Arens 7640 South Shore Drive 7490 Chanhassen Road 1035 Holly Lane 7644 South Shore Drive APPROVAL OF AGENDA: Tom Kelly: I do have a change. I'd like to move commission member presentations to right before new business. I'd like to talk about the, what we've learned from the disc golf course prior to looking at the CIP since that's included in the CIP. Daniel: Okay. Scharfenberg: Can we also include under new business the bike ride in August, since I think it would occur before our next meeting. Hoffman: We had talked about the 20 Scharfenberg: Yep. Cole Kelly: The only other change I see is on page 12 of the Minutes. Daniel: We'll get that in a little bit here. Cole Kelly: Still getting that? Okay. Daniel: Yep. So we have visitor presentations for that though. Hoffman: Somebody asked about one other item? Park and Recreation Commission - July 26, 2011 Daniel: That would be the discussion on the Dave Huffman Memorial Run. Do you want to do it under new business or reports? Hoffman: Reports. Daniel: Okay. Okay, with the changes to adding the disc golf discussion prior to the new business discussions, the bike ride in August under new business and then the reports with the Dave Huffman Memorial Run cancellation. Are there any other changes? If not, let's go ahead and approve today's agenda. Tom Kelly moved, Scharfenberg seconded to approve the agenda with the following changes: moving Commission Member Presentations prior to New Business to discuss disc golf courses, discussion of the August bike tour under New Business; and discussion of the Dave Huffman Memorial Run under Reports. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Daniel: Public announcements, Todd? John? Stutzman: A couple I'd like to add if I may. Daniel: Sure. Stutzman: The Penny Carnival is tomorrow out at the Chanhassen Rec Center at 2:00 and then on Thursday, Tim Mahoney will be playing in the concert series at 7:00 on Thursday night in the plaza. Scharfenberg: Just so for the uninformed, what is the Penny Carnival? Stutzman: The Penny Carnival is the annual summer tradition that we do each year. It's out at the Rec Center where we just bring out a bunch of the carnival style games that you saw on the 4` if you guys were there. A lot of them made by our park maintenance staff. Just an opportunity to bring a couple hundred kids together and give them an opportunity to have some fun afternoon activities. Tom Kelly: And they're literally a penny? Each game's a penny? Stutzman: They range from 1 to 5 pennies but depending upon popularity of the game and how many prizes you get. Tom Kelly: Wow. Stutzman: And we will have change available. 2 Park and Recreation Commission - July 26, 2011 Daniel: Alright. Hoffman: And for the uninformed, Tim Mahoney is straight back from The Voice. Daniel: Yep. So good. A celebrity. Excellent. Any other public announcements Todd? Jerry? Ruegemer: No. We'll talk about the Huffman later. VISITOR PRESENTATIONS: Daniel: I see that we do have guests today and Todd, do you want to for the, or the guests, if you certainly have some questions or would like to comment or present today, please feel free. Step up and please if you could please state your name and your address. Tom Devine: Thank you. My name is Tom Devine. I live at 7640 South Shore Drive. I'm here this evening to really talk about the issue that some of you maybe are already familiar with or the aquatic invasive species that have now touched 3 of our lakes here for the efforts of trying to stem the aquatic species from getting to the 3 of our lakes, and all of the lakes in Chanhassen to become kind of a major attention point. There's been a lot of media coverage. There's been articles, numerous articles that have taken place in the Chanhassen media and up to this point I don't think anybody's come in to address any of you formally about the issues that we are all now dealing with as it relates to that. But I'm here this evening really to speak on behalf of, or with the permission of the Lotus Lake Clean Water Organization, the Christmas Lake Homeowners Association, the Lake Minnewashta Lake Alliance and the Lotus Lake Homeowners Association, and what we'd like to do is to address each of you as commissioners and encourage you to formally support 3 things this evening that we're talking about or thinking about, asking your cooperation in. The first would be the direct cooperation of the Carver County Sheriff's Office to support evenly the enforcement of all park hours that are posted throughout the parks according to the statutes here in the City of Chanhassen. The second thing we're asking is that you develop a written plan as soon as possible and adopt it to protect all of Chanhassen's lakes from invasive aquatic species. And the third thing that we're asking this evening is that, we're asking your support in the efforts to encourage citizen volunteers to continue to provide zebra mussel inspections on Minnewashta, Christmas and Lotus Lake, as they've been doing now since about May 15 ". Very quickly, just for those of you that don't have the background, let me just share what has been transpiring up to this point. Since May 15 Lotus Lake, the Lotus Lake Clean Water Organization and the Lotus Lake Homeowners Association spearheaded an effort and has gotten 73 people trained by the DNR to do aquatic inspections of boats and trailers and there are 14 more that are on the waiting list that have now had to wait because of the State shutdown and I've been told there was a few more than that now that are waiting for the formal training that the DNR has to come out and actually conduct. We've been trying to schedule that with them since the strike ended. This is the most inspection training that's been done on any lake in any part of Minnesota and the DNR has looked at our efforts here in terms of the cooperation that they've provided and in terms of what's been going on as really a pilot or a modeling that is actually scalable to be used throughout Minnesota and a number of other lakes, and it's with great emphasize and great interest that the DNR has participated actively and been there doing inspections and working with numerous volunteers Park and Recreation Commission - July 26, 2011 that have been participating in this in order to gain greater understanding of what really is involved in the whole effort of trying to stop the spread of these aquatic species, and specifically zebra mussels. They have since, the organizations have since May 14 completed some 550 to 600 boat inspections on Lotus Lake there. On the public landing in your park there and approximately 16 %, based on the data that we've got, have had some type of at risk situation within their boat or on their trailer that has brought you know attention to the inspectors in terms of what's going on. And when we look at that, that's a relatively high inspection, or a relatively high incident rate in terms of things that we're concerned about relative to transporting onto the lake because all it takes is one boat with one zebra mussel on it to infect a whole lake. And finally up until this point there really has been very few incidences that have occurred. The leadership that's been involved within the DNR, Lotus Lake and all the various organizations. We've had no real push back from anybody that's been involved in this inspections up until this last Friday and there was an incident that involved the intervention of the Carver County sheriff's office, but that is the first incident that we've had since the program started and I think we dealt with it and we've dealt with the concerns surrounding it and I think all the appropriate people have been told and it's been documented and all the various things that need to happen. This effort has been completely done without any taxpayer dollars up to this point, other than of course the resources of what the DNR has in terms of the labor of their people attending but all of this has been funded and directed and carried out on behalf of all the various organizations and the plan is to continue in that same venue knowing the shortage of both city, county and state resources, the efforts have all been designed to stretch the dollars and make the dollars go as far as possible in terms of trying to do this. The concern obviously is started on those 3 lakes. Those 3 lakes have very active homeowners associations and the Lotus Lake Clean Water Organization has people beyond obviously the, beyond just the residents of those lakes but rather they have much broader support of both those people that are, that use the lake with a regularly frequency and our issue really has been focused around trying to educate and bring attention to what the issues really are. What I'm here tonight to do is to present those 3 issues. Have you give consideration to those issues at some future point here at one of your future meetings and to roll forward and we think it's of utmost importance that you as the commissioners of the parks take serious action right now to make sure that nothing happens to our, probably one of our most valuable resources here in the city which is our, I guess it's 9 lakes that we've got that are within the city of Chanhassen area and so we hope you take that charge seriously. We hope you look carefully at the work that's been completed on your behalf up to this point, and certainly would welcome any questions that any of you may have at this point. Daniel: Thank you Tom and thank you for taking the opportunity to talk to the commission about this. One of the questions I'm certainly going to relay over to Todd is, within the park and recreation charter that we're responsible for, and obviously the parks do fall into this category, and within the parks that boat landings primarily that really where there's an issue would be what? Lotus, Susan. I don't know, we don't do Christmas because that's in Shorewood correct? Hoffman: And Lake Ann. Daniel: And Lake Ann. And that's it, right? Minnewashta is a DNR controlled. Hoffman: County. 2 Park and Recreation Commission - July 26, 2011 Daniel: Or County, okay. Yeah because it's in Minnewashta so. Hoffman: Lake St. Joe is DNR. Daniel: Okay. And Riley is Eden Prairie? Hoffman: Eden Prairie. Daniel: Okay. And so I mean from that standpoint we look at the 3 lakes. Lake Ann, Lake Susan and Lotus, and they fall within our park system correct? I know Susan and, all three of those do. Hoffman: You're looking at the boat access. Daniel: Yeah, the boat access. I mean as far as what our responsibilities from a commission standpoint, what discussions have you had with the various organizations here that have come up and, just so we have some understanding about what, so we can understand what we can discuss within what we're responsible for. Hoffman: I've been in attendance at a couple of meetings. The mayor was at one of those meetings with Mr. Devine and others, Todd Gerhardt, City Manager. Terry Jeffery, our Water Resources Coordinator and really the position of the City at this time is that we're open to allowing volunteer inspectors at any one of these sites. Lake Ann, Lake Susan or Lotus Lake. The DNR has an established program for invasive aquatics. Unfortunately they were out for what, most of a month or something. I checked the website today. It's all back up and running and so their inspectors were gone but the volunteers through this association were working at least during that time once they got up and running. So it's currently not in our program. It's not in our budget. It's not in our realm to be conducting. We haven't been directed by the City Council to get involved with the zebra mussels invasive species control. The DNR has a program. The volunteers are out there. All three of these landings are at public parks which are owned and operated by the City of Chanhassen, and all three were developed with LAWCON dollars. Federal and State dollars and so the City doesn't have total control over what we can do at those sites because we have some regulations that go along with the operation of those access points. They have to be open at least 16 hours a day between the hours of 4:00 a.m. and 10:00 p.m. They have to, you can't charge. If you charge you have to charge at the same rate for non- residents and residents so for example at Lake Minnewashta they have to charge, if you want to go in and launch your boat, you have to charge a non - resident the same dollars as a resident. And you can't enforce anything at the landing that wouldn't be consistent with a riparian water user and so if you enforce any kind of a regulation at the landing, it also has to be enforceable against any riparian property owner as well on the lake so, those are the regulations that come along with those. I can provide those to the commission. In the70's and 80's the LAWCON funds were generated and one of their primary reasons for those federal and state funds is to provide public water access points in the state of Minnesota. But when cities developed these access points, counties did, the DNR did, but they don't come without stipulations and regulations that we have to follow. Park and Recreation Commission - July 26, 2011 Daniel: And within the 3 points to Tom's proposal, as far as Carver County enforcement of the hours. That's obviously I guess well within reason. A written plan to address aquatic species issue here and then zebra inspection. What within those 3, I mean have there been other discussions with the council on these items as well? Hoffman: Not as of yet. Not at the council level. Staff level there has been. Daniel: Okay. Hoffman: And if the commission would like to be updated on those items, we'll be glad to provide you with an update. You can put that on a future agenda. Daniel: Okay. Let's start with some of the commission members. Steve. Scharfenberg: Tom, with respect to the requests that you're making tonight, you said enforcement of the park hours. Is that an issue that you found that the hours aren't being enforced? Tom Devine: Yeah, that's why I'm here in part tonight because you know we've been told that you know there's a desire to enforce the park hours and primarily it focuses in and around the boats that are launched prior to 6:00 when the park is actually physically open. We've documented you know since May a number of incidences where boats are launched at 5:00 -5:30, well before the park hours and those boats, we don't have the opportunity to inspect those boats. And as we started really tracking those boats carefully, a lot of those are fishing boats. A lot of those are boats that you know are boats that are potential carriers and in some instances where we have started the inspections prior to 6:00 in the morning, we've found that the plugs are in the boat. They've moved or transported water in the boat from one lake to another whatever, so our issue really gets into a cost effectivecy issue of we can't staff you know on an ongoing basis and all we're asking that you do is to enforce the park hours on what they are and what does that involve? Well it involves a number of things. You can take, the Carver County sheriff's office can take action. They can ticket. They can tow. They can do whatever they want to do relative to using the park at the, you know beyond the posted hours and so that issue has been kind of a friction point. It's been brought I think to everybody's attention what it is but we've been told those hours won't be enforced and so that's, that's based on really historical precedent but the question that comes back from all of us that have been involved in this effort is, who makes the decisions here about when you do decide to enforce park hours? If kids show up at 2:00 in the morning down at the boat landing and what to use the park, is that okay? Are we just going to let that go by? I mean at what point do you decide what the statute, what statutes you're going to follow and which aren't you going to follow and we happen to believe that particularly the risk factors between the early launches of the type of craft that are going in, fishing boats specifically, that's reason enough to enforce the park hours because it's an at risk situation. It's been suggested by some, City of Shorewood's taken a more aggressive approach towards moving towards a gated arrangement where the gate will be you know, would have set hours. It'd be electronically controlled. You know computer controlled so you know you can get on and off the lake during the park hours. There's a lot of discussion that's taken place that's been some of n Park and Recreation Commission - July 26, 2011 the media attention. Our intention is not to, is not to block the lake or whatever, the usage of it. All we're looking for is voluntary compliance, education and the support of people to avoid the situation of these aquatic invasive species this go around. It isn't, you know milfoil, we missed on but this go around we're looking at zebra mussels and saying we want to be much more aggressive in terms of what we're going to do to try to prevent it from wrecking our lakes. And the outcomes as most of you know is much more severe if you go to any of the websites of the organizations, it's extensive what they, what can happen and it's well documented around the country. There are other places. Lake Tahoe, somebody started really finding examples now of where they are aggressively dealing with this to try to preserve their assets and, of the lakes and avoid the, avoid the problems and it is significant. They're sharp. They're hard to walk on. They're, they get in water intakes. They go on your docks. They go you know, it's a significant issue and we here in Minnesota have much more at risk than a lot of other states obviously and that's why the DNR I think has taken a keen interest in a topic and particularly interest where they haven't had to be involved and spending their money and their resources where this has happened solely at the driving of a large group of volunteers that has now come about to make this happen. Long answer to a short question. Scharfenberg: I appreciate the response. Then you said written plan, adopt. What did you have in mind regarding that? What sort of written plan are you talking about? Tom Devine: Specifically you know one of the problems that we encountered starting back this last spring is you know, when you get into asking well who's permission do we need? You know we were told we have to go to the State. You know we go to the State. The State comes back and says no. The City of Chanhassen has the responsibility of monitoring and dealing with that specific landing. And we get into this push pull back and forth and so I think for clarity sake, and this issue is, Lotus Lake you know happens to be the first one that really is confronted and tried to set up an aggressive program to do the inspections. But if we look at this with the rest of the lakes, they're going to look to you people and ask you, well what is going to be your stance relative to a park? Todd just mentioned you know, right now it really isn't in the purview. They're not spending money. You're not budgeting money per se to deal with this but I think going forward you really need to look at this issue quite carefully and say do you want to protect the resource going forward and how are you going to go about doing that and I think it starts with having a basic policy. If it's educational. If it's going to be a policy that's going to be to research and bring back to you people ideas, suggestions, whatever. A coordinated effort with the other bodies that are affected, whether it's DNR, Carver County and yourselves. Something needs to be brought up and I think that you people should all probably have some basis by which you make decisions or some basis for formulating what action plans you want to see carried forth, but right now I don't think the City of Chanhassen has anything in written format that really describes what they're doing or how they're going about the issues of trying to protect the resources here of these lakes here and so that's why we're here tonight is to really bring this to your attention and say it's really a call to action that something needs to move forward in an aggressive way because it's upon us. Lake Minnetonka has zebra mussels. We know that a lot of boats go from Lake Minnetonka into our lakes here in Chanhassen and time's a wasting in terms of getting going and developing some kind of a stance here formally. Like I mentioned, Shorewood has taken a very aggressive action. They moved forward. They took action here this last month. You know they're interested in trying to do as much as they can as quickly as they 7 Park and Recreation Commission - July 26, 2011 can and I pose the same challenge to you tonight is to move forward with a plan and get a good idea of what it is you want to do. Scharfenberg: Then the last item you said, I was jotting it down but I don't think I, what was your third item? Encourage the? Tom Devine: The third thing was to encourage the continued support, your support. Your blessing of continuing to see us continue to go forward with the, you know with the inspections as such. Not that we feel it's at risk or not that we're not going to continue to do it, but certainly having your support that you're interested in this issue as commissioners. You're interested in what the volunteers are doing. You're acknowledging the volunteers efforts you know appropriate action to probably look at and take going forward here because I think people do view the fact that you people you know as a, as public servants are interested in what's going on and certainly that acknowledgement is appreciated by the volunteers that are doing the work on your behalf here in the city. Scharfenberg: Now I've been out at Minnewashta this week and I've seen a bunch of yellow signs on my way into the park. Are those your signs? Are those your people doing those inspections? Tom Devine: No, I can't speak to the signs because I'm not sure which color, which signs are up there. Steve Jenks: I haven't been over there recently but, I'm Steve Jenks by the way. A Chanhassen residents. I'm one of the co- founders of the Lake Action Alliance which is basically it's an organization of all the homeowner associations, etc that Tom just talked about. The signage that's gone up is to direct boaters as to where to go through the DNR inspection process within the park. The residents around Lake Minnewashta actually spent $10,000 and funded a DNR contracted inspection process over there. We'll talk, I can talk a little bit more. I intended to add some comments of my own. Tom Devine: ' Any more questions for me? I'll let you do this part. Thank you very much. I appreciate your time. Daniel: Appreciate your time. Steve Jenks: I won't take a lot of your time I promise. The Lake Action Alliance was formed because all of us that were looking in the spring, were looking at what needed to be done in order to prevent zebra mussels from entering the Chanhassen lakes and as we did it, we looked at the number of hours that needed to be staffed and the DNR had an hourly rate that they suggested we would have to pay and when you looked at that it was somewhere between $25,000 and $30,000 per launch just to man an inspection person there during the operational hours of each of the parks. And frankly we don't have that kind of money individually, okay. So the homeowners associations got together with their memberships. I'm a member of the Lotus Lake organizations and they presented that they were going to do spot checks and that they wanted some contributions from the folks that lived on the lake and that we hoped to slow down the progress 8 Park and Recreation Commission - July 26, 2011 of zebra mussels. Frankly that's not enough. You know that's what we did with milfoil. Education. Training. Hoping. Talking about it. Studying it and we have milfoil everywhere so it's, I've taken I guess a position that we needed to get more involved and do more. And so interestingly Joe Shneider, who's in the audience, is the President of Christmas Lake Homeowners Association and Steve Gunther over at Lake Minnewashta, the preservation organization over there. We all kind of found each other and had this similar idea that if we worked together we could come up with a smaller government answer. We could all band together. Save significant dollars. We'll spend about a third of the money that we would spend individually, and it wouldn't cost a boater a fee to support it or a lakeshore owner an additional fee to support it. It might be some volunteer time but that would be about it. So that was really the genesis of what we were doing so what we're after is 100% inspection of the boats that enter the water. We want the opportunity to make sure, to look over the boat, the trailer and find the obvious infested boat and frankly preserve the health of the lake. The next piece that comes up and the reason we talk about the non - operating hours is, we can inspect for the open hours, for the operational hours of the park, but what do we do for the non - operational hours? Nobody should be there. Nobody should be in there anyway because they're certainly not launching. It's a safety hazard issue. It's a security issue. It's a, you know and frankly it's an enforcement issue. Do we have park hours that we believe in or are they just kind of a suggestion? Because they're not a suggestion on the sign. The sign says those are the hours and yet we're not enforcing them. We would ask that you enforce those hours. And by doing so you're going to validate and add integrity to the inspection process. You're going to say that you support what we're doing and with the financial challenges of trying to do it at each individual lake, we really need a little bit of help with some of those other issues. Again if we do it in the, I mean nobody likes the word gate but the reality is you have to close the entry on the non - operating hours to ensure that it's not used. So how are you, and if somebody knows a better way I'm all ears but I actually have a quote and it's for a gate that works in a similar process to what they're going to use at Christmas Lake. Our's would be one gate instead of two and we're working to fund that ourselves and so it would be, we think we can come to the City and to the Watershed with the idea that there wouldn't be any cost other than an electrical hook -up. We would hope you would help us with that and frankly we were going to work closely, as Christmas Lake is working closely with the City of Shorewood, we would want to do the same thing here and work closely with the right people within the City. Staff, council, mayor, councilmembers, whatever it is in order to place the gate where you would want it to set it up so that it opened at 5:55 in the morning or whatever we wanted to do to make sure it was right, and make sure it would close at 10:00 at night and then if a boater was still on the lake there'd be a way to trip it so that it would open and you could leave the lake. We don't want to trap people in overnight. That makes no sense at all okay so, and there are other issues, there are little nuances that we would have to address but that gives you a pretty good overview. The other one, in our conversations with the City we hear that there are, we're constantly challenged to find a better alternative. I know of no other alternative that prevents zebra mussels from being introduced to the lake as cost effectively and as effectively as the plan that we put out, and I've been involved in this since early April. At this point I've probably put in somewhere between 30 and 40 hours a week on this. It's a full time job for me at the moment and so if there's another alternative, and I've heard this for months that the City is looking at all the other alternatives. Whenever we ask, I don't know what those alternatives are. I want to know what those are. If those are serious, if you're really looking at them and considering them, don't surprise me with them. I want to know what they I Park and Recreation Commission - July 26, 2011 are. So I would ask that someone either publish those or you know, Mr. Hoffman can certainly set by me. Has my email address. So anything we can do to work with you. We want to do that but we're anxious to move forward. The clock is ticking at 50 something degrees these mussels reproduce and we're under threat until late August with this at least. Probably even later than that. Thank you very much for your time. Any questions? Daniel: Yeah move on, Elise or Tom? Ryan: I have a question in terms of the volunteers. What authority do they have if they find zebra mussels? Steve Jenks: Right. They're volunteers and as volunteer inspectors they have different authority than a DNR inspector. Ryan: Okay. Steve Jenks: And so if we found zebra mussels what we would do is inform the boater and we would immediately engage a conservation officer. A DNR conservation officer and probably law enforcement, depending upon the mood of the boater I suppose. We don't want to confront and have problems, but at the same time we don't want to infest the lake. And we would ask them to clean the boat so that a clean, dry and dry the boat so that we didn't drain, clean and dry the boat so we didn't infest the lake. Ryan: And if the DNR is involved, is there a fine or? Steve Jenks: There potentially are fines. There aren't fines that are out there that are scheduled for fines and I'd be happy to share that with you but it's really minor compared to other states and lakes. At Lake Powell it's jail time and a $5,000 fine. When you cross the border from Idaho to Washington and Oregon to Washington, you have to have your boat inspected. If they find zebra mussels they impound your boat for up to 30 days. We're really nice. I think the maximum fine is like $500 -$600 so it's, in Minnesota we're pretty friendly about that. I don't think we've really, for the lake of 10,000 lakes I don't think we take them as seriously as some of our neighbors to the west. Ryan: Thank you. Tom Kelly: Todd earlier you had some something about 4:00 a.m. That the lakes had to be open at 4:00 a.m. How does that, I'm confused on when you said 4:00 a.m. and then the sign says 6:00 a.m. How do you rectify that? Hoffman: The access needs to be open 16 hours sometime between 4:00 a.m. and 10:00 p.m. Tom Kelly: Okay, some time between, okay. Daniel: The access has to be open. 10 Park and Recreation Commission - July 26, 2011 Hoffman: For the hours of 6:00 a.m. to 10:00 p.m. comply with... Tom Kelly: Okay. Daniel: So the question becomes whenever we control our own park hours which would be in conflict to other laws then. I mean currently our park says it's only open from 6:00 to 10:00, correct? Hoffman: Correct. Daniel: Alright. Tom Kelly: Also to some that there was maybe a night trip switch so the boat can get back in. Steve Jenks: Yep. Well so they can get out. Tom Kelly: Get out of the lake. What's to prevent someone from, in the morning from tripping that night switch so they could get in the lake? Does that switch go both ways or is there some way to prohibit? Steve Jenks: Yeah, for somebody would be on the lake side of the gate and you're have to weigh about 5,000 pounds to trip it probably. Tom Kelly: Okay, so it's actually sensed by the boat. It's not someone with a hand. Steve Jenks: I'm really, I'm having a little fun with it but yea that's what it. Tom Kelly: Okay. And in terms of the electronic hook -up, would a chain and lock and having a city employee go there every day at 6:00 to unlock the gate and lock the gate, is that less cost effective then an electronic hook -up for a gate or is it more cost effective? Hoffman: We wouldn't know at this time until we took a look at that. The gate, or the access, it formerly had a gate that was opened and closed by Carver County. Some of the challenges with that is they wouldn't how up at 6:00 to open it and so then people would line up and try to get in because. Steve Jenks: The phone calls would be crazy. Tom Kelly: Okay, gotch ya. Okay. Hoffman: The deputies would get a call somewhere so they'd be out on a service call or a car accident or a medical or some other incident. Or in the evening, and they wouldn't get down there at 10:00 and then sometimes when they got there, there would be a boat on the water so they couldn't close it so then they would come back. Tom Kelly: Okay. 11 Park and Recreation Commission - July 26, 2011 Steve Jenks: We tried to think about some of those issues. Tom Kelly: So electronically's smarter, yeah. Daniel: There was a gate house at Lake Ann and Lotus I know at one time. Hoffman: Correct. Daniel: Correct? And they were gated, correct? Both of them. Hoffman: The parks, yep. The park at Lake Ann and then the access at Lotus Lake. Daniel: Okay. Tom Kelly: Another question, I was actually running with Steve this weekend and we talked briefly about it but I was out of breath so I may not have covered everything. Steve Jenks: Not Steve Jenks. Probably Steve Gunther. Tom Kelly: Yeah, it was Steve Gunther. Steve Jenks: Okay. Tom Kelly: He just told me about secolyzing inspections at Lake Minnewashta and then having something that would be good for 24 hours. Steve Jenks: Correct. Tom Kelly: Is that different than what you're doing right now is that, are you looking for that 24 hour sticker when the boats are coming? Steve Jenks: Right now I think, we would set, the gate that we would propose to put in would be set up such that it would have a key pad that when you go over to Lake Minnewashta and you go through the inspection station they give you a code. And so if you pass you get the code and so then you can go over to Lotus Lake, enter the code in the key pad. Go down, launch your boat. Go back through the gate. Park your vehicle and then when you leave the lake, again enter the code to get down to get your boat and then again trip it when you leave so right now that's how we would propose that it should work. That's how we were looking at it in terms of not having to staff it with people because people cost money too. Tom Kelly: Okay. Steve Jenks: You know we were looking for some, realistically we're looking for some cost effective, smaller government answers here so we don't have to have a bunch of employees just standing around at a gate checking numbers. 12 Park and Recreation Commission - July 26, 2011 Tom Kelly: Okay, that helps out so initially I thought the electronic gate would only be closing the gate between the hours of 10:00 p.m. and 6:00 a.m. but it sounds like you want it to close the gate at all times with the exception of people that have this code so they can get in. Steve Jenks: I would separate the two plans at this point in that we're still working through the legality of being able to use the lake, or the gate during the operating hours but I guess part of our thought is why put in a gate for the non - operating hours that we could, that we'd want to pull out and put in a different gate later. Let's put in the right gate to start with. If we can't use it, we wasted our money but it hasn't cost you anything. Tom Kelly: Okay, Steve Jenks: So, and what we would do is just, there's a module for the timer, for making it so it opens at 6:00 and closed at 10:00 or whatever the hours. If you change the hours, great. I'm just using the hours that are posted today but in order to, it would be, it would mean that if we could use the gate we would send our inspectors that are on site at Lotus Lake today as volunteers, in some cases paid by our group. We would send them over to Lake Minnewashta to the park to supplement the DNR personnel during heavy peak times. Tom Kelly: Okay Steve Jenks: And so we're thinking about how we do that. Part of what we're doing is we're monitoring the boat traffic at Chan, Lotus Lake so we can see the hours when most boats come through. What the average load is on you know like the July 4 th weekend. We had some pretty good ideas about what it's going to look like. That's what we were after with that. There's still some questions about how we can and can't use that gate during the operating hours of the lake. And so as we've, we've talked to Todd. We would, and the mayor and some of the city council at this point, we would love to have it so that we could use it during the operation hours but I think there's still some legal questions to be addressed with that. Tom Kelly: And my last question more for Todd. Should the Environmental Commission be engaged in this as well or is this, is this more of a park and rec issue? Hoffman: Well it's both. It's an environmental issue obviously. The park is really involved because it's. Tom Kelly: It's our access point, okay. Okay, great. That's all I had, thanks. Steve Jenks: Thank you. I appreciate it. Daniel: Anyone else? Peter. Aldritt: So ultimately, the ultimate goal would be like to have a gate that's operated during operating hours and post hours, or would you have an inspector there full time too? Both or either or? 13 Park and Recreation Commission - July 26, 2011 Steve Jenks: I think most boaters would love to have us have an inspector there but it's $30,000 a year so. Aldritt: Yeah, that's a lot of money. Steve Jenks: That's what I'm going to talk to you about now. But that the gate itself is no small expense and what we've spent this year as homeowners to fund the inspection process is no small thing. Yeah we're willing to help. Willing to do certain things but we're looking for a little help from the city in terms of support for what we're doing. Yeah we want to see this go forward and then maybe some thought about where a gate would go and how we would do it. Can we manage the non - operational hours? That's really what we're looking for today. For this year. Daniel: Brent. Caron: Just a couple quick things. How many volunteers do you have currently trained? Steve Jenks: 70 plus. That's more than any other community than in the state of Minnesota. Caron: And what's the cost of that? Steve Jenks: DNR when they learned of all the interest that we had, they have been willing to come down for every single one of those. They don't charge us to come out. Caron: Okay, that's it. Steve Jenks: We bought some signs and things. Thank you very much. Cole Kelly: So right now as far as we know there's no zebra mussels on any of these lakes. Steve Jenks: Correct. We'd like to keep it like that. Cole Kelly: That part of I understand. So the process of inspections, let's say you find a boat that's got some water in it. Now do you have a heavy duty spray gun that you spray these down or how the inspection process work for cleaning out these boats? Steve Jenks: Well we've asked, again there's a DNR process. I'd love to tell you I'm totally up to date and I'm the expert but generally speaking what we would, if they have standing water in the boat, it's illegal to transport it that way. You shouldn't even do it in the first place with anything. If the DNR finds you like this, you've got a problem. You're going to pay fines. If they find you with a boat plug in the boat, you're going to pay a fine. You know if they find you with an aquatic invasive species in that water that literally you can't see it, it's microscopic, you've got a whole other problem so what we ask them to do is take that boat away from the lake. Run it through a car wash. Dry it. Literally now the DNR guy at the, that's the volunteers okay. 14 Park and Recreation Commission - July 26, 2011 Cole Kelly: Right. Steve Jenks: If you're talking to the DNR, the DNR's telling you go away for 5 days. You're supposed to let it dry for 5 days so. What we're trying to do is that's part of the education process with those ones. We don't want to be the hammer. You know we want to be the helping hand. We're not really trying to, it's not about penalties. It's about keeping zebra mussels out of the lakes. Cole Kelly: Right, is there a process at the lakes where you can have a. Steve Jenks: A cleaning station? Cole Kelly. A cleaning station but obviously the water would have to be removed somewhere else because you couldn't obviously have it all there. Steve Jenks: That's part of the trick, yeah. Cole Kelly: And I suppose that was part of the problem. Steve Jenks: You can actually, there's a lot of information on the web with all this stuff and I'm sorry, Joe Shneider. Joe Shneider: I'm Joe Shneider. Steve Jenks: You want to address this? Joe Shneider: Yeah. I'm the President of the Christmas Lake Homeowners Association and I'm a Chanhassen resident so I would have been the 10% of Christmas Lake that is in Chanhassen. The DNR is piloting some decontamination stations at this point in time and that's the phraseology they will use. Cole Kelly: Okay, Joe Shneider: Portable decontamination stations. Those are not operational. yet and quite frankly I think all of our perspectives are the same. You get a boat that doesn't pass inspection. Get it out. Right? We don't really care how you clean it. Don't clean it anywhere near the lake but get it out because you are transferring potentially bad things into the lake so, so my personal . perspective is, I don't care what they do. I don't care if they get a spray gun. I don't care if they use bleach. Wherever, I don't care how they do it. Just get it out because that's danger, right? And the DNR is.trying to figure out what to do about decontamination but they don't have a program for it yet. Cole Kelly: Now are you having problems with people when you tell them they have to go to a car wash, what's the response beer! so far and? 15 Park and Recreation Commission - July 26, 2011 Joe Shneider: Well this isn't in effect yet. Cole Kelly: Oh that's not, that's a proposal. Joe Shneider: This is a pilot project that we are trying to sell right now. It's a work in process right and so we have elements of it that have been blessed at various levels and we have elements of it that are still waiting for the right kind of approval. This morning we were meeting with the Carver County Commissioners in their working session following their Carver County meeting and we got a tremendous vote of support for it. Such that they asked their County Attorney to start working through what does it take to try to make this happen, and what we were asking for was the right to expand the inspection facility at Lake Minnewashta Regional Park to include up to 2 nearby lakes. That being Lotus and Christmas Lake which are part of our proposed pilot. So this is not done yet but you know there are a lot of issues. I mean we're sitting with the DNR this morning at the meeting. We have questions of the DNR. We have questions of the legal staff. Both the city, the county. The watershed district is, we're in the Minnehaha Creek Watershed District. Their executives were there this morning at the meeting as well. I mean we have an incredible level of support for this program. There are gotch ya's and Todd Hoffman knows that as well. I mean there are gotch ya's here. But what we are really asking for is someone to step up and be leaders and not just let bad things happen when we know the right ways to handle it and bureaucracy gets in the way and that was literally a statement that came out of the Carver County Park Commission in a meeting we presented to them about 2 weeks ago. They are absolutely convinced that if we have a good solid pilot answer and they think that bureaucracy is going to get in the way of being able to do the right thing. That's horrible. As I sit here as a resident of Chanhassen, as I sit here as a homeowner on that lake, I think it's insane. It's just insane so you know we are looking for leadership. We've had leadership from Minnehaha Creek Watershed District that has provided funding and support. We have had leadership from the City of Shorewood that has provided support and has authorized us to move forward as far as we can move forward and is working with us to work with the DNR to solve whatever legal issues or permissions we need so we're looking for Chanhassen and the rest of the groups associated with the pilots, so Carver County Park Commission, Carver County Commissioners, the City of Chanhassen, we're looking for you guys to show that same leadership and take actions, and I can tell you this hasn't been done before. I mean we are breaking new ground. This legal ground hasn't been looked at before so we're looking for you to get engaged. We're looking for you to take action and be leaders with us as we do what we believe are the right things. Now we say that and if we would have started this 6 months ago we probably would have had a pilot operational yet this summer. We're getting very close to the point where we may not make the window for the summer, which is in my mind horrible but we're working it as hard as we can. What our message to the DNR is, is very simple. We believe that this model, it's going to, this pilot is going to find out some things that work and some things that don't work but we believe that is fundamentally a scalable cost effective model that they can use for not only zebra mussels but other transported aquatic invasive species across the state. Now it may get a little fluky when you get way up in the north country and you get a lot of lakes and not very much control but clearly in the middle and the south of the state, this is a very scalable model and we think it's the best thing that we've seen even proposed. It models something that's done at Lake Tahoe. Centralize inspection facilities and a whole bunch of landings. Now they charge for it. You can pay by the time. You can pay by the season. So 16 Park and Recreation Commission - July 26, 2011 that's how they fund it at Lake Tahoe but it's, as Tom was saying there are other areas that are very significantly much more aggressive than we are in the state. And it's truly disappointing. Scharfenberg: So just to follow up on your point with meeting with the Carver County Commissioners today. Joe Shneider: Yeah. Scharfenberg: What did they at least empower you guys to do or empower your representatives to do? Joe Shneider: Well we were not in the meeting. We were in a working session after the meeting so at that point in time they can't make any motions. They can't do anything. Their support was, I would say as strong as we could have asked for. They understood the urgency. They understood the intent. They heard an impassioned plea from the Executive Administrator of the Watershed District, and they asked their attorney to work with dispatch and then get their, they asked Marty Walsh, their head of the Carver County Parks something or other. Regional Parks. They asked Marty to make sure this got on the agenda again at the Carver County Park Commission meeting that's coming up in early August. So they wanted action taken on this. Scharfenberg: Have you talked to other nearby, I know you've talked to Shorewood's obviously doing something. Has anybody or is homeowners on Lake Riley, are they doing anything? Joe Shneider: I would tell you I'm not aware. Steve Jenks: I've talked with them a little bit. They're in the early stages and they're paying attention to what we're doing. Joe Shneider: I mean we are clearly breaking ground. More lakes we bring into a pilot, the harder it becomes so we've tried to keep it as small as we can. We've really tried to have Chanhassen in it but we can't get the traction yet that we would like to have. So right now if the pilot were to get, if it were to get blessing from every place it needs with the DNR and looking at Carver County Parks, etc, Lotus Lake would not be in it. It would just be Christmas and Lake Minnewashta. And that's disappointing. Tom Kelly: Anybody know what the cost of the gate is at Christmas Lake? Joe Shneider: Yeah Christmas Lake, because I placed the order. I do know what the cost of the gate is. For the gate, shipping, installation it is about $18,500. Now that represents two gates fully installed. It's an entry gate with all the capabilities that Steve talked about. Key pads and car codes and all that good stuff, and an exit gate that's automatic. And the reason we need two gates is the physical design of the landing is different than the physical design of the landing at Lotus Lake. At South Lotus Lake Park. It's just a different physical construct and one gate doesn't work at Christmas. Tom Kelly: And does that include the electronics as well or is it just the gate? 17 Park and Recreation Commission - July 26, 2011 Joe Shneider: Yeah. Tom Kelly: That's everything you need. Joe Shneider: Yeah. That includes 100 key cards if we wanted to give them out and I don't want to give out 100 key cards. Aldritt: And those gates will be in operation during operating hours too? Joe Shneider: At Christmas Lake they would be exactly the same way that, right now they would be operated exactly the same way Steve described for Lotus which is they would just control operating hours. Open at 4:00. Closed at 10:00. Audience: 6:00. Joe Shneider: Well our's are 4:00 to 10:00. Daniel: So just open and close and that's it right now. Joe Shneider: That's it but it will have all the electronics to do. Daniel: To meet some of the future proposals that you're looking to do which includes a centralized inspection area. Joe Shneider: Right. Daniel: And with a similar plan to go. Joe Shneider: What we didn't choose, what options we didn't choose were any of the telecommunications options to have it communicate with a central facility so that the numbers were automatically transferred and all that stuff. We're taking the sneaking that approach on this one because we were trying to do a pilot. Keep the costs down. Aldritt: What allowed you to go so far with the City of Shorewood or why were they so, they have extra funding or what was in there? Joe Shneider: No, this isn't costing the City of Shorewood anything, other than the electric hook -up. Aldritt: Okay. And they were just more open to ideas and able to kind of work in. Joe Shneider: They are just, they are just that minded, that. They have that perspective that what the DNR is doing is simply not enough. And that we brought them a viable option and I think that's really it. 18 Park and Recreation Commission - July 26, 2011 Tom Kelly: To go back on something I think someone had said earlier. For Lotus, would you need help for the cost of the gate or now I'm confused on that. I thought you said no, but now what you may have said yes later on. Joe Shneider: 1'd be thrilled to have a white knight or somebody in the city that said yeah, we'd fund half the gate because you know what, I'd say I'd do it right now. I have the money. Tom Kelly: Okay. Joe Shneider: The reality is, I'm not waiting anymore. I'm soliciting funds and I'm after a way to pay for it because I don't want the City to have a way to say geez, money's a problem Steve. We can't do it. If you guys are going to say no, I'm going to take that argument away from you. That's my objective so we want to pay for it. Steve Jenks: If we set up our gate, it doesn't cost the City a dime other than the electric hook -up. Joe Shneider: Yep, and we hope to mirror that. Call me in a week. I think I have an answer. Tom Devine: If I could just point out, you know the issue of the gate. We have not explored all the options of paying for it. There's the issue of doing donations. There were also issues that you get into in terms of enforcement if the gate is damaged. Let's say somebody maliciously damages it. If they're caught. If it's public property, there's a whole set of protocols. If it's private property, meaning it belongs to the association or something, different protocols. So all of these issues you know all have to ironed out and as Joe mentioned, you know the issue here of going forward really gets to be an issue of you know we're breaking new ground. We're trying to do something that we think is in the best interest of all 23,000 residents of Chanhassen to preserve the asset. And obviously as these issues unfold we don't know what we don't know right now and the more people you talk to, the more unknowns you kind of start to uncover. But the point is, is you've got to start somewhere and you've got to start to take at baby steps and the idea of doing a pilot, as they were talking about here, you know it became clear to us 3 weeks or a month ago that Christmas was going to, that Shorewood was going to get ahead of Chanhassen in terms of being open to doing a pilot and trying to get something started. And so to that end we are, you know part of my reason for being here, 23 year resident of Chanhassen is to get the ball rolling in your court here and I do believe it falls within your purview, from what I do understand to initiate an action. Direct staff. Direct here with the council. You get a process going so the City of Chanhassen has a vision of what it is they want to do or not do. Maybe the vision is to do nothing. We don't think that obviously that's the correct vision but the point is you need to do something and you need to take action. You need to decide what your path is going to be so whether it's a gate just for controlling the hours. Whether we get into a common area inspection for all Chanhassen lakes. That might be a possibility. We don't know right now. The whole thing is to get started on a process and to engage people into intelligent discussions about what the options are, what the costs are and all the various possibilities. So I just you know, we're here tonight to really bring this to your attention to what information you've already been provided on this. Media isn't the best source, although it has been a very, very impactful issue for the media and the media has drawn attention to Chanhassen and if any of you are asked, part of what you need to be able to do is to talk intelligently about what it is you're doing 19 Park and Recreation Commission - July 26, 2011 because you people probably, any one of you could be the next step in the media inquiries in terms of what's going on and you want to be ready. You don't want to be caught off guard in terms of how you want to respond to these people publicly. Many of us as we've been going through this process haven't necessarily been ready for media attention, but because of the efforts and because of the amount of outpouring that we've had, the amount of effort that's gone on and the reaction back from the DNR in terms of the number of people and the fact that they believe that it's scalable for you know all 14,000 lakes in Minnesota has obviously drawn much more attention than we probably even wanted at this point because we had not been able to pilot enough to really understand the up's and down's and the good and the bad of all the issues so hopefully that's what we're driving you to do tonight is to say well we'd better get going and do something here. We better understand what the issues are and work cooperatively with the various units within the city and then obviously the partners within Carver County and within the DNR and the State and so on, and the various associations have already picked up the slack and have been running with it. I think it takes a concerted effort of all of us to make sure that we try to put something onto a path so that it's a positive outcome for everybody involved and it looks, you know it looks favorably upon the city and it comes about in such a manner that it isn't a negative in terms of how it's presented you know by the various media sources and what not. So I share with you that. I don't know if there's any other questions. I don't know if there's anybody else that wants to say anything but again I thank you for your time and we're obviously interested in feedback. Daniel: Well again, I can't thank you both Tom, Steve and Joe, your time to talk to us about, talk to us passionately about this issue and certainly the concerns and as far as also the actions that you guys want to take forward with the commission here. Todd, I guess the main concern I have is this body, our commission meets once a month so any action that we do take would still delay them another month. That's why I'm curious and I'm sure the rest of the commission is curious as to the council's position and obviously I think Tom you mentioned you've had some discussion. Possibly I think somebody had talked with the mayor about this and, because they meet every other week don't they? Hoffman: The council meets, yeah they did not have a meeting this last night. Daniel: Yeah, so I guess you know certainly that's, we're nothing more than a recommendation body for, and acting on behalf of the city council and again our next meeting will be in August and I think that you guys obviously want to take some action well before then. We would you know, I think it's important for us to certainly, we can talk amongst ourselves but any motion that we would put forward certainly and feedback, that question won't come back until August so I guess any direction that we have, if there's any concerns amongst the commission members here is that it needs to go directly and expeditiously to the council to address it if there's something that's going to get in action this year. Do you agree Todd? I mean it's. Hoffman: The council has not addressed this issue or had it on their agenda. Protocol calls that if there's a visitor presentation at a commission meeting, then if you want some action taken then you direct staff to create some sort of a plan or a report for your next meeting. If you want to call a second meeting in August, you can do that. Then we would report back. Notify the affected property owners and interested parties and then talk about it at that time. 20 Park and Recreation Commission - July 26, 2011 Daniel: Okay. So quick discussions here. Thoughts. Ryan: Can we get, do you have the written plan for the pilot that we can all see? That you could email it to all of us or. Steve Jenks: I'll get your email address. Tom Devine: There was ... an electronic version of the presentation that was given to the City of Chanhassen last month and we'd be happy to forward that onto you, all of you if you want. Ryan: Just to help move things along with the review process I think would be helpful. Cole Kelly: Steve and /or Tom, what I'm gathering is what you're really requesting tonight is electronic hook -up and the okay to put in a fence, or a gate, excuse me. Steve Jenks: I guess if I was going to ask for anything beyond that it would just be some sort of acknowledgement and voicing support for what we're trying to accomplish. Cole Kelly: Okay. Steve Jenks: Rather than, I guess when people come and ask me how we're doing with the various governmental bodies, I tell them Shorewood's with us. I tell them Minnehaha Creek Watershed District is with us. I tell them Riley- Purgatory's still talking about studying it. I tell them that I don't know where Chanhassen, that we presented to Chan many times and we've talked to them and we just keep getting questions but there's no proactivity within the City of Chan, and I'm sorry but that's where it's been since April. We haven't, in my mind we've made no actions, step, progress since April and that's just not good enough. We need action steps. Tom Devine: You know in terms of you know asking me if...I came here specifically tonight to look for the enforcement. There's things that you can do to start the enforcement tomorrow if you want to direct the sheriff's office to have a recommendation. They can manually without any gates or anything start enforcing the hours. They can write tickets on cars that are there before 6:00 or cars that are there after 10:00 and I notice like in the blotter section of the Chanhassen Villager here just this last week there was 11:45 there was some incident with some kids in the park. I mean you know they can deal with that. The sheriff's office can deal with that and you can deal with, you can deal with cars early or late on park hours immediately. That requires no gate to do that. There's a better way or maybe a more efficient way to do it with a gate and whatever, but I'm not asking that tonight. I'm just saying you guys can start following a procedure that's, you know statute procedures that are in place. Follow your postings and just decide you want to go ahead and do that now versus ignoring that and not doing anything about it, and that would be helpful for us because then we don't have to worry about trying to staff people in non -park hours which is troublesome and you know burdensome for us. And then the second thing is you know a plan. What is your plan? And I guess I'm suggesting to you guys that you should talk amongst yourselves and decide between now, and I realize that you've got protocols. You have an agenda. You know we come here at visitor presentations. You have to 21 Park and Recreation Commission - July 26, 2011 come next month, or you know if it has to be talked about. You know between now and month from now you guys should maybe talk amongst yourselves and decide do you want to have a plan? Do you want to stand behind a document or whatever it is that you want to do? Be supportive. Not supportive. You know whatever it may be and I think that really falls into your hands and your staffs hands to figure out what it is you want to do. Then the third thing was just to be you know, to be supportive of what's going on or at least to maybe acknowledge that in some fashion and.if you have to wait 30 days to do that, I think certainly it's good politics to acknowledge the efforts of a good many citizens of Chanhassen and what they've done on behalf of the parks here in the city of Chanhassen to advance this whole situation and move it forward. The other issues and all of what we're talking about I think are specific. Very specific directed issues that are going to have to be taken apart and sorted through and gone through. Obviously I'd love to have you say yeah, we're all going to vote a gate tonight but I don't think that would be prudent at this point with your lack of knowledge or your lack of understanding of really what the cause effect you know of that decision might be. But those three simple things you can do without a lot of belaboring here and certainly between now and next month you, there isn't any one of those three things that you could act on and that's why I left the simplicity there so it wouldn't become burdensome to any of you. Aldritt: I have a question for Todd I think. For the electrical hook -up, would have come out of the park fund or how would that be paid for? Hoffman: I don't know at this point. Scharfenberg: Todd just a question with respect to Tom's comment about just enforcement of the park hours. Can you elaborate on what the sheriff s office does in terms of enforcement of park hours at this time? Hoffman: Sure. I'd be glad to. You know that's a complex but a simple issue. There are dozens if not hundreds of city ordinances or regulations that are on the books that aren't enforced on a daily basis in our community so it really becomes a selective enforcement situation so we have 34 parks in our community. At 10:00 at night we can't expect that Carver County sheriffs officer is going to drive through each one of those parks and find out if anyone is there or not. Now selectively you can instruct, and in this case it would be the City Council or the City Manager, to send a Carver County deputy to Lotus Lake at 5:00 a.m. or 5:30 a.m. I'm sure you could do that but current protocol would not call for that. If there's a disturbance in a park before 6:00 a.m., if there's a disturbance in a park after 10:00 p.m. that is called in, officers are going to respond to that and they're going to enforce the situation based on that you're in that park before hours or after hours. But to have the expectation that all the policies, all the ordinances on the books are going to be enforced unilaterally is just not a realistic expectation in our community. Scharfenberg: Currently if someone's in the park or they're going in early, is anything done about that? Hoffman: If there's some kind of a call. Currently, I don't know, you'd have to check the records to see if there are any. Currently they're probably not doing a whole lot unless there's 22 Park and Recreation Commission - July 26, 2011 some kind of disturbance. We have people that fish at all of our landings before 6:00 a.m. We have people that swim for triathlon training at all of our park accesses before 6:00 a.m. so there's a lot of things going on in our parks, especially in the summer. It gets light at 5:00 -5:30 and there's people out recreating so again it would have to be a selective enforcement to go down and say okay because of the zebra mussel issue, because of the inspection issue, we don't want people here before the 6:00 a.m. opening so again that would be a policy issue that the council would have to address. Steve Jenks: Can I make one more comment? The comment about the enforcement and the difficulty in terms of, that the sheriff's department can't be there to open the gate or to close it and enforcement being spotty. It's selective or, well it's less than 100% in terms of a particular process. That's one of the things the gate would allow you to implement. It would be on a timer and it would just happen automatically so one of the things, and I know you just heard that we're not asking you for a gate. I'm going to ask you if you wouldn't mind to send a recommendation that the City be prepared to implement the gate if one is provided at no cost to the City. And my thought, I'm the guy doing the funding. I'm going to tell you. I want to donate the gate to the City. It'll be the City's gate. I would like you to run the electrical and manage it the way you see fit. We're partners in this. You know I don't want to own the gate on city property. That sounds like a complication I don't need to introduce, okay. I'm a Chan resident. I own the gate anyway so, I want to work together with you on that so if you can help us with that, that helps us with timing and maybe that's something that you can consider. Thank you. Daniel: Thank you Steve. Other discussion. It certainly is an interesting proposal that you guys have put together. I think when it comes to the enforcement of the hours, I'm certainly interested in hearing if any other commission member wants to make a proposal to, whether it be city manager or council for you know enforcement, whether it be a short period of time during the summer hours. Whatever maybe early fall. Whatever the boating period of time. We can certainly have that discussion. Again a suggestion and follow through would be two different issues. With regards to support, especially from the commission, I don't know if myself personally I agree that the efforts of trying to do again minimize. I like the key word and I think all of us in this area here appreciate that is minimizing government and certainly having an association that's willing to donate capital equipment. If the City's willing to provide certain, as you call electrical hook -up's to support that. But once it's on city property we've got other issues such as maintenance and all that other stuff that's another thing that Todd acknowledged to take into consideration. Whether it be a park bench or a gate, all of them fall in the same area so I hope everyone understands that. And we'd love to take a lot of freebies but then there's the responsibility of the equipment afterwards. I agree that certainly a gate is a sensible solution to what you guys are trying to accomplish. I'd be interested to hear how the community feels from a centralized inspection standpoint right now. That one is curious and I realize other states, Tahoe or I don't know whoever may be doing something similar, but there's a high level of expectation on access to our lakes and I guess trying to retrain everyone to think a little bit differently and that does take time. That will never happen overnight so that one 1'd be curious to see what happens, but I think again as far as the sensible solution on maintaining park hours, the question I do have Todd is would this be a access, boat access gate or would it be a park gate? 23 Park and Recreation Commission - July 26, 2011 Hoffman: In the current proposal I think it would be a boat access gate but Commissioner Daniel or Chair Daniel what I would suggest tonight is you focus on is giving direction to staff on what we would like to understand more. So if you want to, which of these items, the three items that they've proposed, I can certainly provide you with a report on those. Do you want to meet in 2 weeks? Do you want to meet in a month on this issue? The whole issue of whether a gate can legally even be installed has not been answered. Daniel: Yep. Hoffman: The State Attorney General will probably be involved in this at some time. There are thousands of public water accesses across the state of Minnesota. Currently by the regulations that we've signed as far as a LAWCON, there's federal and state funding here. It says you cannot implore any restriction of the public access that a riparian owner would not have to go through as well. And so currently under our agreement with the DNR, for state and federal funding, we can't put in a gate and insist that somebody go to Lake Minnewashta for inspection because a riparian boat owner doesn't have to do that when they access the lake and so there's issues of, and then there's also the issue of well what are you going to do at Lake Susan? What are you going to do at Lake Ann? Daniel: Correct. Hoffman: You know you're a body that represents the entire community, city. The entire community so lots of questions. There's no doubt that as a city we appreciate what the volunteers are doing out there in the interim basis but it's a fairly large and complex issue, not only in our community but I think across the state. The DNR just got back to work. They're not answering my phone calls. I'm not sure where they're coming down on this issue but at some point, and this whole issue of public access is not unique to the state of Minnesota. There have been many case studies across the nation on, and typically it's the state attorney general that intervenes on the public water access issue and I don't doubt that that's where this one will end up as well in the state of Minnesota. Daniel: Okay. Tom Kelly: You say there are no gate in the state of Minnesota that prohibit people from entering the gate at a public landing outside of... Hoffman: A park hour gate. So like Lake Minnewashta Regional Park there's a get there for the park and so you open the gate in the morning to access but at a public landing I'm not aware of a gate in the state of Minnesota. Tom Kelly: And Christmas Lake isn't public? That's not a public landing? Joe Shneider: Christmas Lake is a public landing. I believe that the structure's the same as in Chanhassen and the city attorney for Christmas Lake has determined that they can in fact put a gate in to deal with the operating hours. Alright. So separate, in my mind I separate the gate 24 Park and Recreation Commission - July 26, 2011 into multiple uses. One is operating hours, and that appears to be clean.. It does not seem to be an issue, at least from the City of Shorewood's legal perspective about that. Hoffman: I agree with that. Joe Shneider: So you could install a gate today, if the gate were here and you had an electrical hook -up, to open up whatever your park hour time and close at your park hour time. That could be done today. Using it as the pilot project is trying to ask for a shared inspection, a required inspection. That brings in the questions that Todd just raised here. Daniel: Okay. Those are the questions that I have as well. Joe Shneider: Yeah. If you separate those two you can do the open/close park hour gate today. Daniel: Okay. Well. Joe Shneider: One more thing. Daniel: Yep. Joe Shneider: Our agreement is going to be documented with the City of Shorewood that the homeowners association is going to cover the annual maintenance fees for the gate. So we are not putting that burden on the City. Daniel: Okay, good. Joe Shneider: We haven't done the agreement yet but that's the new tech. Daniel: So as a motion going forward is to direct the city staff, what do we have? Carron: I like some ideas and there's some things that obviously I'm not going to be able to go along with tonight as of right now without getting some more information regarding the gates and that sort of thing, but as far as what Tom was saying on his three plans as far as park hours, you know watching it. Written plan to protect our lakes and then as far as some support as far as volunteers and inspections and that sort of aspect. I know baby steps is not probably the best word to say because I know we don't have the time but I think from my standpoint tonight I can't say yeah, let's go ahead with a gate but on the aspect of supporting the idea, I agree with that. I agree with supporting the idea. I think we should get the ball rolling and have some future discussions on that as soon as we can. Tom Kelly: I'm actually in favor of having city staff work with the Lotus Lake association to explore the installation of a gate to enforce the current park hours. Let the lawyers figure out further uses of that gate but get that infrastructure in there and enforce the current park hours that are posted and it's people at much higher levels than us that will determine if that gate can go down at the gate. 25 Park and Recreation Commission - July 26, 2011 Daniel: I couldn't agree more. I couldn't agree more. Elise. Ryan: I agree. Daniel: Okay. Steve. Scharfenberg: Yeah, I totally support the actions that the districts are doing and would encourage staff to continue to work with them to come up with a plan with respect to this particular issue. Daniel: Can we also address, I mean if they're going to be discussing with the homeowners associations, we have to start to take a look at both Lake Ann and Lake Susan, which are two things we also need to take, you know take into consideration. I just want to focus on this one issue. What they've brought to us only. Scharfenberg: Well obviously those other two lakes have to be discussed. I mean I think it's, it would be imprudent of us to take steps with respect to one lake and not talk about the other lakes as well and then you know how are you going to pay for that and you know I think those are all issues that need to be worked out and discussed and staff can certainly work with that best. You know work best with those other associations to talk to them about that. Daniel: Okay. Cole Kelly: Yeah I'm in agreement. The lake I go to has zebra mussels so it's our lake associations we're having different discussions than these lake associations are having and so I don't think you want to get to the point where you're having those discussions down in Chanhassen and so I would favor a gate and I would favor what these associations are doing so I think we should work up something and figure out what we can and cannot do. Daniel: So would this be under the governance of, or at least, not the governance but the body of the lake action alliance, is that the best way to describe who the city is going to be working with? Or is it the individual homeowners associations? Tom Devine: There's various groups that are doing this and I guess what I would encourage the participation of these other groups to all move forward together in concert and this is not an exclusion of Ann, Riley, Susan or anybody else. Daniel: Sure. Tom Devine: We just happen to have gotten started and it was enough of a chore just to get ourselves organized and get our people on board. Get our people trained but I would certainly encourage you know any of the other associations. I really don't know the level of activity that the other associations currently have right now within the city of Chanhassen. I'm not familiar with how active those associations really are but this would give cause for them to really look at things if you guys move this all ahead. 26 Park and Recreation Commission - July 26, 2011 Daniel: Okay. Steve Jenks: I've had some communication with the folks at Riley and Lake Susan and they're watching what we're doing but they are light years behind where we're at in terms of discussions among their members. Daniel: And Lake Ann only has 3 property owners so. Steve Jenks: Right. Ryan: And what's the thought on doing something in 2 weeks? Meeting again in 2 weeks to regroup on this specifically. Daniel: I'm certainly open to it. Cole Kelly: I'd be happy to pass along my thoughts but I'll be on vacation in 2 weeks. Daniel: Peter. Aldritt: I can do that. I'd be curious to see what staff comes up with and see how ... it is to meet in 2 weeks. Carron: I think it's a good idea every 2 weeks. Tom Kelly: He just likes being here. Daniel: Steve. Hoffman: 20 years ago we met every 2 weeks. Daniel: Is that okay, 2 weeks as well? Scharfenberg: I won't be here so. Daniel: Okay, but there's probably enough to have a quorum and discuss. Hoffman: ..take a hand. Daniel: One, two. I will. Ryan: I would be here. Tom Kelly: I'm not sure. I'm not sure. Daniel: So we at least got 4 of us that can commit. I guess as far as the motion then, why don't we, it needs to be along the lines of directing staff to continue discussions with the various 27 Park and Recreation Commission - July 26, 2011 homeowner associations including the Lake Action Alliance to discuss the implementation of a gate at Lotus, South Lotus Lake Park, as well as evaluation of costs for a gate at both Lake Ann at the access point and Lake Susan to address only park hours only. And that we will report, the staff will report back to the commission in 2 weeks, which would be August. Who's got a calendar? August 9 Is there any other changes? Tom Kelly: Can you repeat that motion? Daniel: That the city staff would continue discussions with the various homeowner associations and Lake Action Alliance to discuss implementation of a gate at South Lotus Lake Park, at the access point to operate during, to work during park hours only. And then also they need to evaluate a cost implementation of a gate at both Lake Susan and Lake Ann, again at the access points and that they will report back to the commission with those discussions and costs of stuff within 2 weeks on August 9 The commission will meet again. Would that be fair? Tom Kelly: Right. Ryan: And then what about the piece of having inspections, a centralized inspection? Daniel: I think let's get more educated on that. They can talk about that. I think let's just focus on the gate right now during operating hours. That's the deal but it's a very good point. And I think then also as far as support, I think we can let the homeowner associations as well as the Lake Action Alliance know that there's support from the commission, Park and Rec Commission on your attempts to move forward with something like this. And then as far as what Carver County enforcement hours, Todd again let's throw that under jurisdiction as far as reporting back to us in 2 weeks as far as what could be done and what we're able to direct the administrator or council can suggest to the council as a plan, and then as far as a written plan, I think we'll wait until we get something from Steve, you had something is that correct? Okay. It's a long motion. Very long but certainly if everyone's in agreement why don't we vote on it. Tom Kelly: If I can make an amendment to that motion. I would like to make sure that there's no dependencies between Lake Ann and Lake Susan and Lotus Lake. I would not want to slow up any gate installation process at Lotus Lake because we're not sure what we want to do at Lake Susan and Lake Ann. Daniel: Correct. Okay. Cole Kelly: Can I ask a question before we finish off here and it's for Tom or Steve. When you're talking about enforcement in the early mornings, are we seeing more problems on Saturdays or Sundays or is it all through the week or? Tom Devine: I personally have monitored a number of Saturdays and Sundays. I haven't really kept track of what goes on on the other days of the week although I know that it does happen throughout the week. It's not just unique to Saturdays and Sundays but it's not unusual to have 4 or S boats on before 6:00 in the morning because it gets to be a little bit of a thing amongst those boaters to see who can get there first because there is a limitation of 10 parking spots there. 28 Park and Recreation Commission - July 26, 2011 Cole Kelly: Got it, okay. I'm not going to change anything then, okay. Thank you. Daniel: Alright, let's go ahead and make a motion. Torn Kelly: You made the motion. Daniel: I made a motion so let's move second. Tom Kelly: I'll second. Daniel moved, Tom Kelly seconded that the city continue discussions with the various homeowner associations and Lake Action Alliance to discuss implementation of a gate at the South Lotus Lake Park access point to operate during park hours only, evaluate costs associated with gates at boat access points on Lake Susan and Lake Ann, but not connect the implementation of a gate at Lotus Lake with the other two lakes, and a report on enforcement of park hours by the Carver County sheriffs office be brought back at a special Park and Recreation Commission meeting on August 9, 2011. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Hoffman: Chair Daniels, just in closing to, a lot of discussion tonight has been about the support that the City and I just wanted to be fair, the mayor has been in on these meetings and so has administration and I think it's difficult, I know there's two levels of support there that we're looking at. We have always supported the volunteer inspections. We worked with them to secure signs and install additional signage at the landing, but it's typical to support something that you're bound by not being able to do by written contracts or by law and so until those things are understood I think there's two levels of support that need to be recognized. Daniel: Well I think we've got a third level of finance and what costs are associated with that and certainly the budget conscious community that Chanhassen is, you know that falls into the categories as well so I understand Todd and certainly thank you for that point. That's why I think there needs to be more education on our end. Again because we also act within the laws that we're able to work within so, without really fully knowing what we can do, but I think as far as just, as far as just having continued discussions with the homeowners association, the alliances, I think that's certainly something that we want to see and I think if it can be done more expeditiously as far as implementation of a gate, if it's going to work. Do a park hours gate. I mean I know we've done it. I've seen the gate house. I know it's not unprecedented in Chan but Lake Ann and Lake, or Lake Lotus when the public access first opened and that was I think primarily Todd, correct me for the milfoil issue at first, correct? Hoffman: It was for park hours. It was not included in the park master plan initially but then they added it. Daniel: But they were staffed there to identify milfoil at the time at one point within it's. 29 Park and Recreation Commission - July 26, 2011 Hoffman: Yeah. The original intent was to restrict the number of parking so once the number of parking stalls were filled with boats then they were instructed to close the gate and that's not lawful either so we were directed by the DNR to stop that. Daniel: Okay. Hoffman: And then later the gate was used for just kind of park hours and eventually it was eliminated. Daniel: And again, and I agree with them. I appreciate the homeowners coming to our meeting and passionately discussing this issue. It's certainly serious enough. I mean you know these lakes are very important to our community and you know regardless if you're a homeowner or if you're a recreational user of the beach or something, especially at Lake Ann. I mean that's our prized lake to be honest with you in this community just because it's, you know because it's so widely used so I guess I certainly want to take it serious. We do take it seriously. We appreciate you taking the time to discuss this with us tonight and as I stated before you do have the support of the Park and Recreation Commission so. Tom Devine: Thank you very much. Appreciate your time and your... Daniel: No, that's alright. Steve Jenks: If you were thinking about doing something else tonight. Daniel: Well it was funny 1 made that statement. I said oh, we've only got 2 items on. This will go real quick. We can hold... Hoffman: And before our guest presenters leave, the answers we have for these questions today are answered but there'll be, anything else that we don't have the answer for, we're not going to have in 2 weeks and so we're not going to have the answer, can we install a gate during the day. We're not going to have that answered in 2 weeks. Tom Kelly: Right, yep. Hoffman: We're making inquiries with the State of Minnesota, but those answers are not going to come. Daniel: But I assume now our guests will be meeting once there's another council meeting that you guys will be going to the next council meeting I'm assuming? Steve Jenks: We're actually engaging with the council members individually and with the intent of getting on the agenda as soon as possible. Daniel: Okay. Steve Jenks: Right now it's not on the next agenda. 30 Park and Recreation Commission - July 26, 2011 Daniel: But it's still available under visitor presentation I assume, right Todd ? - Hoffman: Yes. Daniel: Yep, so you still under a public forum can discuss it so, okay. Great, thank you gentlemen. Steve Jenks: Thank you. Tom Devine: Thank you very much. 31 CHANHASSEN PARK AND RECREATION COMMISSION SPECIAL MEETING AUGUST 9, 2011 Chairman Daniel called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Jeff Daniel, Elise Ryan, Tom Kelly, Peter Aldritt, and Brent Carron MEMBERS ABSENT: Cole Kelly, and Steve Scharfenberg STAFF PRESENT: Todd Hoffman, Park and Rec Director; and Jerry Ruegemer, Recreation Superintendent PUBLIC PRESENT: Tom & Pam Devine Kevin & Lisa Atkinson Judy Berland Mitch Krause Franklin Kurver David Vonfruke Greg Dryke Jack Fess Ken Wencl Mark Enochs Bill Kirkvold Brian Kirkvold Joe Shneider Kristy & Brent Christenson Steve Jenks 7640 South Shore Drive 7407 Frontier Trail 6900 Minnewashta Parkway 2380 Timberwood 4220 Kurvers Road 131 Fox Hollow Drive 105 Choctaw Circle 6280 Ridge Road 8412 Waters Edge Drive 1295 Northland Drive, Suite 200, Mendota Heights 201 Frontier Court 44 Center Street, Excelsior 1035 Holly Lane 630 Bighorn Drive 7490 Chanhassen Road Perry Forster 9505 Highview Drive, Eden Prairie Mark Page 10 Hill Street Mary Borns 7199 Frontier Trail John Schevenius 570 Pleasant View Road Pat Pavelko 7203 Frontier Trail Gary Simons 70224 Tartan Curve, Eden Prairie Steve Wanek 6615 Horseshoe Curve Ann Hogan 481 Bighorn Drive John Colford 7470 Chanhassen Road APPROVAL OF AGENDA: Daniel: Right now we need to approve the agenda, and I do believe Todd there's some things that we're going to change, is that correct? I mean add as far as the 23 rd agenda. Park and Recreation Commission - August 9, 2011 Hoffman: Correct. We can talk about that and we can talk about the two corrections to the originally printed staff report. Daniel: Yes. Hoffman: Do you want me to do that? Daniel: Yeah, please. Hoffman: Chair Daniels, members of the commission. Our August 23 Park and Recreation Commission meeting will not be held as scheduled. We don't have any agenda items and you are meeting again on the 27` ", a Saturday so please schedule that cancellation for August 23` And then tonight the copy of the report that was distributed to the public is corrected on page 5. They'll notice the highlighted areas at the top of the page. There was a not that was left out and then authorize inspector to. Anybody who read the report prior to this evening's meeting or in the commission's packet, pages, top of page 5, you need to make a note that Minnesota State law does not allow. So there's a missing not in the original report. And then at the end of that, mandatory watercraft inspections except in the event that a licensed conservation officer or a police officer or an authorized AIS inspector Level One or Two. That's another addition. So those three individuals can mandate inspections. Volunteer inspectors cannot. With that, that's all I have for corrections. Daniel: Okay. Excellent. Any other changes commission? If not, let's go ahead and approve the agenda. Carron: I'll make a motion to approve the agenda. Tom Kelly: Second. Carron moved, Tom Kelly seconded to approve the agenda with the noted changes on page 5 of the staff report and announcing the cancellation of the August 23 Park and Recreation Commission meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS: Daniel: Todd, anything else? Hoffman: A week from, we just finished the Tour de Tonka this past Saturday. It came through our community and Lieutenant Enevold and his crew and others helped out with that. That came off with no issues so we're glad to be a partial host of Tour de Tonka again. They come through a variety of communities. And then also a week from Saturday on the 20' will be the Miracles Kids Triathlon at Lake Ann so the largest children's triathlon in the country will be hosted here again in Lake Ann Park put on by Miracles of Mitch Foundation so put that on your calendar. Look to their website to volunteer. Get your kids to participate and your neighbors or come on out to the park and cheer on the participants. 2 Park and Recreation Commission - August 9, 2011 VISITOR PRESENTATIONS: Daniel: Okay, thank you. Move on to visitor presentations. I see we have a lot of visitors here today and I certainly welcome everyone who's here. For those who are here to discuss the invasive aquatic, or excuse me the aquatic invasive species issues with Lotus and the lakes, we'll hold off until we discuss that under our new business section which will be just in a moment here. Anyone else, sorry about that. Please feel free to step up if you would like on any other topic. If not, why don't we go ahead and make the approval for the minutes from our last meeting dated July 26, 2011. APPROVAL OF MINUTES: Carron moved, Aldritt seconded to approve the verbatim and summary minutes of the Park and Recreation Commission meeting dated July 26, 2011 as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF RESIDENT REQUEST TO: • ENFORCE PARK HOURS AT SOUTH LOTUS LAKE PARK BOAT ACCESS • ADOPT AN AQUATIC INVASIVE SPECIES (AIS) POLICY • FURTHER SUPPORT THE VOLUNTEER AQUATIC INVASIVE SPECIES EDUCATION PROGRAM AT THE SOUTH LOTUS LAKE PARK BOAT ACCESS. Daniel: Certainly what I want to do is just welcome those who are here as visitors. Again we do appreciate your attendance tonight.. What we want to do is certainly thank those who have stepped in here before. Were here last meeting and thank them for working on this project. Obviously it's something that everyone is now aware of and we're becoming more educated on the subject certainly than our last meeting we had, and certainly it's a lot of effort that those volunteers have been doing as far as with regards to watercraft inspections so again thank you for that, for those volunteer hours. I also want you to understand as far as what the park commission, if you're unfamiliar. What the park commissioner's role is really, what we are is an appointed advisory group of the council. We don't have authority to. set you know policy. That's more mandated. Other issues or items. Really what we're doing is just providing suggestions, direction for the City Council, as well as with the city staff really as an advisory board of citizens. So just so that everyone understand you know any, not necessarily decisions but any motions that we do make really go to the council and the City Council ultimately is responsible for any policy that's going to be set with regards to anything with the city, especially within our realm which is park and recreation. So just so everyone understands, in case there are any questions. Right now why don't we go ahead and Todd, you have an opportunity to talk about, between the staff and the council here, this issue right now. Hoffman: Be glad to. Chair Daniels and members of the commission and members of the public. Visitors this evening. It's my pleasure to respond to both the inquiries from the residents at the last meeting and also to respond to the motion that was made by the Park and Recreation Commission at your last meeting. The proposed motion this evening presented to the Park and Recreation Commission is that staff recommends that the Park and Recreation Commission recommend the City Council continue to support the aquatic invasive species education and 3 Park and Recreation Commission - August 9, 2011 volunteer inspection campaign being conducted at South Lotus Lake Park public water access. To formalize that relationship between, really that relationship and any others that form in our community on our publicly owned landings, that it's recommended that the City comply with an action step in the DNR aquatic invasive species volunteer manual and create a written agreement between the City and the volunteer groups outlining expectations and procedures for the adoption by the City Council. Now I'll go into some background that's been taken place on aquatic invasive species in our community. On July 11 2011 the City Council received comments from two residents concerning the topic of aquatic invasive species, specifically zebra mussels during the visitor presentation portion of their meeting. The Minutes with the citizen comments and responses were attached to your packet. City Manager Gerhardt sought input from the Lake Action Alliance after that visitor presentation and requested information and responses to a variety of questions. And those questions are, what is the Alliance's, and that's the Lake Action Alliance's fallback plan if the proposed Lake Minnewashta inspection station turns out not to be a suitable location for public boat inspections? How can the City assist with educating and training the public in preventing the spread of aquatic invasive species. What other alternatives can the Alliance propose short of gating a public accesses? What legal authority does the City have to require all boats be inspected prior to entering the lakes and placing permanent gates at boat accesses? What happens if a boat fails inspection? What type of program can be created to assure that these 4 requirements are met? And these requirements are mandated by the use, when the City used LAWCON dollars, federal and state dollars to develop these access points, Lotus Lake, Lake Ann and Lake Susan, during this development time of those boat accesses we applied and were successful in receiving LAWCON dollars, federal dollars to develop those sites. When they give you that money it doesn't come without strings. Some of those stipulations are that the access must be open at least 16 hours a day between the hours of 4 :00 a.m. and 12:00 midnight. That no fees be charged for launching any craft. Where an access is provided within a park such as Lake Minnewashta Regional Park, uniform fees shall be charged to all users regardless of their residence. That no special regulations do not apply equally to riparian boat owners and those that use the public water access. How long would the pilot program last and what type of performance measures would we use to determine success? As of today at least Mr. Gerhardt has not received full responses to these questions for distribution to the City Council. Following that meeting on July 23` the Park and Recreation Commission, at the last meeting, hosted 4 residents during visitors presentation portion of your agenda. Primary topic of discussion were the operation of South Lotus Lake Park public water access and efforts of the aquatic invasive species education and volunteer inspection campaign being conducted up at Lotus Lake by volunteers and also DNR inspectors. The visitors requested that the commission respond to 3 requests. Enforcement of park hours at South Lotus Lake Park boat access, the adoption of an aquatic invasive species policy and that the City further support the volunteer aquatic invasive species education program at South Lotus Lake Park boat access. Additionally the commissioners made a recommendation that evening which I'll read and break down into two parts a little bit later on in the report. Tonight staff is pleased to provide the following responses for the requests and inquiries from the visitors and the second part of my response, I'll get into the response to the motion made by the commission. Visitor requests for the enforcement of park hours at South Lotus Lake Park, at the access. Chanhassen city park operating hours are 6:00 a.m. to 10:00 p.m. The City provides public safety services through an annual contract with the Carver County Sheriff s office. The officers conduct routine patrols throughout the city, throughout the day including parks and respond to calls for service as M Park and Recreation Commission - August 9, 2011 needed. Patrol coverage afforded by this contract does not permit city parks to be checked daily for operations of hour violations. In a typical scenario an officer may encounter persons in their vehicles that are parked before or after hours while on their routine patrol. Additionally officers respond to reports called into dispatch center of disturbances in parks during both open and closed hours. Further enforcement of park hours at South Lotus Lake Park boat access beyond this would require a change in the current patrol format implemented through a policy directive from the City Council. Basically our law enforcement folks can't be everywhere all the time. When the parks open up at 6:00, law enforcement does not patrol and see if there's anybody there early on a regular basis. They're out on routine patrol. We have 34 park sites in our community. Same thing at 10:00 at night. We have 34 parks. They might be doing some routine patrolling but they're certainly not out there driving through every park at 10:00 to make sure that they're closed. Defer to community on this important issue we've asked Lieutenant Jeff Enevold with the Carver County Sheriff's Office to visit us tonight and speak both to the community, the public and the commissioners about how our contract works and how law enforcement and park patrol in our community works so Lieutenant Enevold. Lt. Jeff Enevold: Mr. Chair, commissioners and citizens, visitors. Just a brief introduction. I am Jeff Enevold. I'm a Lieutenant for Chanhassen here. I oversee the day to day operations of the law enforcement folks here. We have 12 patrol deputies, an investigator and school resource officer who work up here. I would just reiterate some of the things that Todd said. We do, currently do routine patrol of all the parks. We, like everyone else, we have limited resources and we have additional requests for service. We identify you know problem areas that we like to target. We have a lot of traffic issues within the city. Currently we've targeted, we've had a rash of thefts from vehicles and thefts from garages so we're focusing our resources on those neighborhoods right now. We do get into the parks. We do enforce the ordinances. We do, we're already doing that so I don't, I guess the question is what are you asking for? Are you asking for more patrol or? Daniel: Well it's a very good question. I guess, and that's one of the issues that got brought up is the concern about the enforcement of the park hours, especially those boaters who, and again I presume this is primarily relegated to South Lotus. You know that get in early before park hours. Primarily fishing obviously. And that they do not have personnel there because the park hours are from 6:00 to 10:00, so they can be prepared. I'm assuming they can certainly answer that question when we get to visitor presentation section but I'm assuming that's what they're inquiring about or looking for some support on. Lt. Jeff Enevold: Sure, and we'd be, like I said we're already doing that and we'd be happy to continue doing it but the fact is I can't guarantee to have an officer there at 5:30 in the morning or 9:30 in the evening when we may be focused on other troubled areas or they may be on other calls for service so we'll continue to do what we're doing. Hoffman: Chair Daniels and commission members, the only thing we all need to recognize, and I think we do living in our communities is that there are people in our parks before 6:00 a.m. pretty much all summer long and so the City Council, citizens tolerate this. It's something where you know it gets light at 5:15 -5:30 in June and so it's something that currently is going on. People are recreating, utilizing the facilities and again to come back and to take a heavy hand at Park and Recreation Commission - August 9, 2011 any one particular spot to say no, you're going to get a ticket if you're in that park before 6:00, that again would take a policy directive and the City Council could do that. That would be special enforcement beyond what is currently taking place in our community and so that again would have to be something that would come as a directive from the City Council. Many activities are taking place. People swim in the parks. Walk their dogs before 6:00. They go to a boat access and they go fishing so we know it's happening throughout in the parks before 6:00 you'll see but it's not the majority of use. And there certainly are times that South Lotus Lake after 6:00 a.m. and before 10:00 p.m. when there's not an inspector present so I guess the key here is to continue the education process. Those boaters who happen to get there at quarter to 6:00 and you know hopefully they're educated as well and then sometimes I don't believe there's an inspector there all the time at 6:00 a.m. and so there are boats that are launching during posted park hours also that are not inspected. Lt. Jeff Enevold: Yeah that's a great point. You know I would have difficulty supporting a zero tolerance policy. I mean there's always folks that are in there, you know they want to get out 15 minutes early and go fishing, go swimming and they have all these other activities they want to do so a zero tolerance policy is difficult for me to support. Daniel: Well I think we'd have to be consistent across the board unless we're specifically targeting one park and that obviously that'd be a decision based on policy but again I think all of us as commissioners as well as residents have utilized parks before hours and I see them close on a daily basis ... I mean it's well before 6:00 and especially in the summer obviously when it's light and you know that's just our little park that's across the street from us so. Hoffman: Chair Daniels and members of the commission, park ordinance hours are there primarily to be able to afford the officers an opportunity to deal with disturbances or disruptions and so if there's activities taking place that should not be taking place and they're after hours, they're going to write them up for an after hours violation and disturbance of the parks. If there's no other questions of Lieutenant Enevold we're going to let him get back to his other duties and then we'll continue on with our. Daniel: I was just going to suggest that. Any questions? Thank you Lieutenant. Audience: There's a gentleman back here that has a question. Audience: I highly recommend that you use the PA system because you cannot hear you. People back here have no idea what you're talking, what you're saying and that's what they came here to hear. Daniel: Okay. Audience: So if the PA system is not broken, please use it. Daniel: Do we have a PA system Todd? Hoffman: Probably speak a little. ,.11 Park and Recreation Commission. - August 9, 2011 Lt. Jeff Enevold: Talk a little closer? Daniel: How's that? Does that help? I can do that. Boy, I've never been accused of having a soft voice. Tom Devine: Can I ask a question...? Daniel: Yes. Tom Devine: Tom Devine, 7640 South Shore Drive. I just want to make sure I understand what you're sharing with all of us in the audience. Audience: Okay so we can't hear so I don't think it is working. Tom Devine: I just want to make sure everybody understands. What you're saying essentially then is, and I can understand the shortness of funds, shortness of time and the staff that you can't go to 34 parks but on those parks that have the water access where the hours are controlled, you know or set, essentially what you're saying is you're just not in the position to be able to enforce those hours. Is that essentially what you're capsulizing and saying? Lt. Jeff Enevold: I'm saying at certain times we would not have the resources available to enforce those hours, that's correct. Tom Devine: Have you written any tickets or done anything at all this year on, at Lake Ann, Lotus or Susan or Riley for anybody being there prior to the operating hours? Or after the operating hours. Lt. Jeff Enevold: Off the top of my head I don't know. I would have to go into our records and take a look at that. Again you know I have difficulty taking the discretionary away from the officers. Tom Devine: Right. Lt. Jeff Enevold: I mean they go in there and figure out what's going on. Normally you know there's a spirit of the law and the letter of the law. I mean I'm for the spirit of the law. You go in there and figure out what's going on. If there's kids in there, drinking beer after hours, vandalizing, you know that's when we'll write a citation. If there's somebody who wants to be in there at quarter to 6:00 and go swimming or get out with your son and go fishing, you know we'll have to weigh that and talk to them and leave that to officer's discretion to see what he wants to do with that. Tom Devine: Yeah typically like at Lotus Lake, you know we monitored in May, June, you know 80% of the parking stalls were filled with boats and primarily fishing boats before the park hours opened and we have not made it a pattern to call you know to report or to have you come out and ticket or whatever but the issue, you're making the case very well for us why we should 7 Park and Recreation Commission - August 9, 2011 have a gate because you know the gating thing sets the hours and then electronically you can then open and close the gate you know at will based on the hours of the park rather than just having it be you know not enforced ordinance in terms of what goes on. Lt. Jeff Enevold: It's not my intention to support the gate or not support a gate. I'm telling you what we can do as law enforcement. Tom Devine: Yeah. And that's the issue I think that we brought to attention last month is the fact that right now it's just a, it's an ordinance. It's a law but nobody enforces it and that's the concern and a goodly number of those parking stalls are filled prior to and after the hours that the park is open for which it's unreasonable to expect that we as volunteers will staff at night in the dark and /or you know prior to the park hours. That's the only thing I just wanted to clarify. Daniel: Any other questions? If not, thank you Lieutenant, appreciate it and thank you. Okay Todd then we want to move on to second column there or second paragraph here with adopt an aquatic invasive species policy that was brought to our attention. Hoffman: Thank you Chair Daniels, members of the commission. To date the City of Chanhassen has not adopted an aquatic invasive species policy. There are a variety of governmental agencies currently involved in the efforts to slow the spread of aquatic invasive species within the region and the state. Primary among these are the State of Minnesota, the U.S. Fish and Wildlife Service, the U.S. Geological Survey and watershed districts. DNR employees are staffing aquatic invasive species education and inspection stations across the state. Additionally many programs similar to the Lotus Lake and Lake Minnewashta AIS education and volunteer inspection campaigns are being initiated statewide. As a commission you are in a position, if you choose to make a recommendation to the City Council that they consider adoption of such a policy, an aquatic invasive species policy for the city. That level of policy development if authorized would require the input of citizens, city advisory groups, local and county and state and regional governing bodies. And obviously that would take a good amount of time to create such a policy. The next thing that the citizens had asked for was further support of the volunteer aquatic invasive species education program at the South Lotus Lake Park boat access. This spring we engaged with a variety of meetings with the Lotus Lake Clean Water Association. Discussion topics were numerous but most primary among them were the operation of the access and then the desire to implement aquatic invasive species education and volunteer inspection campaign. The campaign would be coordinated and funded through the Lotus Lake Clean Water Association and affiliated groups. Staff supports the implementation of that program, the education and volunteer inspection campaign at the Lotus Lake Park water access with assurances from the association's representatives that the program would be education based and that boat or watercraft inspections would be volunteer. The City has submitted a grant, the City submitted a grant application and worked with the association for DNR education signage be posted at the access. In the interim we printed some paper signs, laminated those and posted those at all the accesses that we control. The application was approved for the signs and signs were procured and installed. Very large sign at the bottom of the access near the boat ramp itself and another sign part way up the access. Similar smaller signs were posted at Lake Susan and Lake Ann boat accesses. AIS volunteers are being trained through a Minnesota Department of Natural Resources program utilizing a manual that is attached and on site trainers employed Park and Recreation Commission - August 9, 2011 by the DNR. To date as far as we're aware the Lotus Lake group has trained more volunteers than any other location in the state. It's anticipated the efforts of the volunteers at either the city owned water access points in our community will continue the remainder of this boating season and extend into the future. Therefore to formalize that relationship between the City and the volunteer groups again is recommended that we create a written agreement between the City and these groups for adoption by the City Council. Moving forward with the recommendation put forth by this body on July 26 recommendation that the City continue discussions with the various homeowner associations and the Lake Action Alliance to discuss implementation of a gate at South Lotus Lake Park access to operate during park hours only and evaluate costs associated with a gate at the boat access points in Lake Susan and Lake Ann, but not connecting the implementation of a gate at Lotus Lake with these other two lakes. The request to install a gate at the South Lotus Lake Park boat access is broken into two parts really. A request by the Lake Action Alliance to provide and install an electronic key card gate requiring boaters to travel to an offsite location for a mandatory watercraft inspection. At this location the boater would receive a code for the gate prior to transporting their boat back to South Lotus Lake or another water body to enter the water. Staff's response to this is again Minnesota state law does not allow for a mandatory watercraft inspection except in the event that a licensed conservation officer or police officer asks for one or an authorized AIS inspector Level I or Level II. And that authorized inspector, that's a draft. It's the very last sheet in your packet is a draft policy being adopted by the DNR. The second part of the gate is a request by the Lake Action Alliance to provide and install an electronic gate that would open at 6:00 a.m. each morning and close at 10:00 p.m. each night. Staff does not support the request of installing a gated access point at Lotus Lake or either of the community's other two city owned public water accesses. Small percentage of overall access use that occurs before or after hours, and then coupled with the complexities that would accompany the long term maintenance and operation of such a device is the basis for that position. Second part of the motion from your last meeting, it was a report on the enforcement of the park hours be provided and you have the written report and then you also heard from the sheriff, Lieutenant Enevold. The recommended action is, was presented at the start of the report. I will not repeat it and be available for questions from the commission. Or the audience. Daniel: Okay. Let's have some questions for staff. Peter. Aldritt: None at this time right now. Daniel: Okay. Brent. Carron: I'm good. Daniel: Elise. Ryan: I do have one question Todd. It's about the policy. When you ask about the policy development, can you list some of the groups that would be involved in development of the policy. Obviously citizens. A city advisory committee. Who would that be? Hoffman: It would be both the Park Commission and the Environmental Commission. 9 Park and Recreation Commission - August 9, 2011 Ryan: Okay. Plus citizens or just appointed commissions? Hoffman: And citizens. Ryan: Okay, thank you. Tom Kelly: I do have two questions. One, does the training that the volunteers receive qualify them as a Level I or Level II inspector? Hoffman: Not to my knowledge, no. Tom Kelly: And the second question is, do you have any estimates on what the long term maintenance or operation of a gate would be? Any hard numbers to know how much it would actually cost to maintain that gate on an annual basis? Hoffman: No, not any hard numbers. There's a variety of complexities that would come with you know, does it operate? You know what happens when the power goes out? There's just a lot of things. What happens when it doesn't operate when people arrive? How is the City Council going to deal with this? Instead of putting a gate in at 6:00 we could simply you know move the park hours to 5:00 a.m. to 10:00 at boat accesses and then the gate would open at, you know there's a balance between gating a public resource and not providing access to that and so there would be discussion about well is that reasonable? Should those park hours be moved? So there's a lot of issues that would go along with gating a public resource that people want access to. Daniel: Alright. Thank you Tom. Todd I have one question myself. Do other cities, and I'll say primarily within the suburb here and I'll say close to proximity. Cities that are close in proximity to lakes that are currently infected, have they adopted, specifically the city themselves, a policy yet? Hoffman: Not that I'm aware of. Daniel: Shorewood has not? Hoffman: Not that I know of. They've taken on the issue but I don't know. Daniel: But they've not, they have not developed a policy? Hoffman: I don't know. Daniel: Is it presumed that most cities, counties and other public entities will basically adopt or assume a DNR policy that's currently in place? Hoffman: Well I'm not sure if they're going to adopt it but they're certainly looking at the DNR policy and other. 10 Park and Recreation Commission - August 9, 2011 Daniel: Okay, as covering really what would be a policy across the board. Hoffman: Yeah, as any government entity you have to decide what you're going to do and at the local level, local governments provide basic services. Counties provide another set of basic services. The State provides another level of services and currently lakes are governed by the Commission of Natural Resources and the DNR and so you have to understand, we can't do everything so you know is the City willing to get in the business of aquatic invasive species policies or do you want to defer to others to do that? That's a question that the community has to ask itself. Daniel: Okay. Great, thank you. Ryan: And currently the DNR policy is education? Hoffman: Education and they're out there doing. Ryan: Training? Hoffman: They're doing training. They're doing inspections. They've got their portable cleaning units out now so yeah, they're doing a variety of programs. Obviously they were slowed down by the shutdown but they're back up and running. Most of the information that the attachments are DNR attachments that are attached to the report this evening. Or all of them. Daniel: Okay. Thank you Todd. What we can do, I'd like to take now the time to certainly move on to visitor presentations so it gives the opportunity for residents here to step up and certainly ask questions or make statements, concerns regarding this topic. I would ask each resident if they could, please limit to about 5 minutes with discussions and there certainly will be exchange and from the commission here as well. Also when you do come up, please state your name and your address, it'd be good. So please, anybody who'd like to step up and certainly make a statement. Go ahead, Tom Devine: My name is Tom Devine. I live at 7640 South Shore Drive and I'm a member of the Lotus Lake Clean Water Organization and the homeowners association and have been part of the effort since it got started here back in April. First I just want to acknowledge and appreciate the efforts that you people made last month and have made by having this second meeting and follow -up. Your actions of caring and being responsive to the issues that involve all of Chanhassen's lakes were well received out there and I think they were well received in the media and the publications that have been made since that point. Second thing I want to quickly address is, since the meeting last month I know there was a memo that was circulated by the DNR Commissioner that said that we were acting kind of on our own or without the spirit of cooperation of the DNR and I just wanted to follow up on that and say that definitely is not the case. The Commissioner evidently was not aware of what the actions were of the staff way downstream in terms of what was going on and as I said last month in our meeting we've completed about, at that point about 70 training exercises at that point, all conducted by DNR personnel and those people. They've been aware of what we've been doing. They applied for 11 Park and Recreation Commission - August 9, 2011 the grant for the signage and all of that so the DNR is well aware of what we've been doing and they have been participating with our inspections down there. So the Commissioner at the top may not be aware of all of the activities of his staff but clearly those activities are well documented in terms of what's happened. I didn't see the packet until this evening that each of you have got in terms of the recommendations and I want to comment on that in just a second but I want, I also want to comment on two other things that were brought up since last month. The City conducted a series of surveys of boat usage on Lotus Lake and I don't know if the survey's been completed since then but I'd say 6 or 7 years ago about 90% of the boats that came back in the surveys that were completed then were not Chanhassen residents but rather they were boats coming from elsewhere. From other lakes. They were residents that lived not in the city of Chanhassen by drivers or license plate inspection but rather those were profiled and it turned out most of those boats were from Minneapolis, St. Paul, other areas other than the city of Chanhassen residents as such. I think that that's an important fact and if maybe we're due for another study of license plates on who's using our lakes because I think it will quickly show it's not just Chanhassen residents, and part of this effort is to protect our lakes here in Chanhassen for the benefit of Chanhassen residents you know long term. Those boats that are used or come from other lakes, they come and go. They just move on to another lake after this lake becomes infested and that's really what the concern is of protecting our lakes and why we're asking the City of Chanhassen to take action as it relates to that. And let me just comment on the recommendation. I did not see the packet here until I got here this evening and you know it's dated today. You know on the request, I guess I'm not, you know I guess I'm a little disappointed that the motion I think was pretty clear on what was, what the instructions were in terms of coming back and reporting to you on and I'm looking at the staff recommendations and I think that I for one would have liked to have had the opportunity to at least participated in the discussion before the staff made the recommendation to you. I think that's part of what we're looking for here is to get a cooperative spirit of people all working down the same road. I know where some people in the city's stand right now relative to this, the whole issue of the inspections and what not and the gating and all these other peripheral issues but I think it gets back to the issue that we all need to sit down and work together. So rather than coming out with recommendations, giving them to you. You act on them or vote and then take them to City Council, I think you do need and want the input of the people that are really directly involved in the effort because I think it does make for a much better decision in terms of how you ultimately make your decisions as they're brought forth. I will take issue with some of the issues here but I don't have enough time to really do that but you know the cost of the gate, the complexities and all those sorts of things, leave that to a group of people to figure it out. If we're charged to deal with the complexities that you're outlining here, the long term maintenance, the cost and all that, leave that to us. We'll come back to you and we'll give you a report on what, how we would propose to do that because all of those issues I think are easily overcomeable and I think also when we look at the financial side of what we're looking at, I think that those issues can also be addressed without taxpayer support or taxpayer dollars. So I just, I mention those things quickly. Two last things I just want to quickly mention. I do have a newsletter, the newsletter that we've been producing. There is one that's now I found out this evening that's been produced since this one but let me just leave you this. They've inspected over 650 boats. There's, of that 80 of the boats or 84 of the boats did have their plugs in which means the ability to keep water inside those boats and transporting from one lake to another is of concern. And 60 of those 650 some boats, 10% of those boats, 11 % of those boats have come from lakes where there was infested waters, 12 Park and Recreation Commission - August 9, 2011 and this is really the issue for you people to look at and consider in terms of how you adopt policy going forward is you do have this transportation of boats onto your lakes here and you know what are we going to do to try to prevent that. And finally let me just mention about the, you know the law does not allow for mandatory watercraft inspections. Right now those inspections started up at Grays Bay this last week. It was well publicized in the media. I've got a picture here, the station that came off the website there that shows what the platform looks like. They've got spray equipment up there and what not. We've gone through the process of having all of our people trained. We did not know that there was a Level I, Level II or we would have actually put these people through that training exercise. I'm sure of the 80 or 90 people that have now gone through our process, we could get a number of Level 1, Level 11 inspectors taken care of so that we would be in compliance with this recommendation and if the request or the staff request to deny is really based on the fact that it's not possible. Challenge us and we will come back and we'll get these people, we'll get people set up, ready to go so they fit whatever the qualifications are that the DNR's looking for. We're not trying to evade or not follow the compliance or whatever the stated law is. What we're trying to do is set up a program, educate people and then follow forward on whatever it is. Last thing I'd just like to quickly say in finishing here is I've got two other, there's two other publications that have been done just in the last week or so. There was one in the Minneapolis paper here and there was another one up in Spicer. Now the Spicer Lake Association has gone to putting a chemical in the lake which has some kind of a bacteria in it. I think there's a lot of things we can do before we start doing these kind of these things but again we all have to get in the same room. Talk about what these options look like and say okay well this is maybe something we'd like to try out. Maybe this is something we shouldn't do. What's the outcome of doing it, introducing a bacteria into the lake? What's the long term impact of that and that sort of thing, but all of that's information that you should be looking at in terms of what your recommendations are is to really study carefully what others are doing. And finally let me say, you know we, we really do appreciate greatly your concern, your level of urgency and the characterization of understanding what the problem was and trying to move forward. I hope you go back to your original motion of what you asked last week and say okay let's go back through this motion you know specifically and see what we need to do to direct staff and bring forth the answers really to what the questions were in the original motion because they're not really addressed in my quick read of what this is right now and I think those are the issues that you really should go back and try to understand. Thank you very much and I do appreciate your time very much and I appreciate the fact that all of you made the effort to be here for a second you know unscheduled meeting to take information from all of us. Thank you. Daniel: Thank you Tom. Hoffman: Can I just clarify one thing? Daniel: Yes. Hoffman: I think for everybody in the audience to understand, I think it's ... to understand that sitting here today as staff, staff does not take direction from the Park and Recreation Commission. I'm more or less a secretary of the City Council and the City Manager to respond to requests from the City and Park and Recreation Commission. Their role is to make a 13 Park and Recreation Commission - August 9, 2011 recommendation to the City Council. That is their singular role. I'm employed by the City Manager. I take my direction from the City Manager, not from the Park and Recreation Commission. That's just an important clarification for everyone to remember. Thank you. Daniel: Sure. Steve Jenks: I'm Steve Jenks. I live at 7490 Chanhassen Road and I too am a member of the Lotus Lake Homeowners Association and the Lotus Lake Clean Water Organization and I'm a co- founder of the Lake Action Alliance and we talked about what the Lake Action Alliance was before. In reviewing the packet tonight we do owe the City Council a response to some questions that were laid out and I'll take that on as a responsibility and I'll have that delivered before the end of the week and I'll be happy to copy Todd and if you would forward that on I would appreciate that. Hoffman: Be glad to. Steve Jenks: As to the purpose of the gate and the cost for the gate, I wanted to clarify that the two purposes from our perspective were to control the non - operating hours of the park as they're posted, and so therefore the overnight hours and to do it in a way that was automated so that truly it didn't involve the sheriff and his team in terms of having to make a decision about what priority project to not do so they could go close a gate. That doesn't make any sense. I didn't think it made any sense to anybody 2 weeks ago. I don't think it does tonight either. And then to enable participation in the future, should we overcome all the other obstacles, to enable participation in an AIS, an aquatic invasive species pilot project in the future that would, that we discussed last week with, that would include the 3 lakes and all the pieces of that. Further, we stated to the City that we would bear the cost for that gate so really money and cost shouldn't be an issue for the City and so we're raising those funds and we're happy to tell you that we'll be able to do that so we would install it and manage the ongoing expenses. The only piece that we're asking the City for, and we think you're going to want to have control over is the electronic part or the electrical work involved in the installation, and certainly we would work with where it went. How it worked. All those sorts of things. The technical pieces of it with the City. We certainly don't want to leave you out of it but we don't want money to be a gating piece in that decision per se. Thank you very much. Daniel: Thank you Steve. Appreciate your time. Joe Shneider: Good evening. I'm Joe Shneider, 1035 Holly Lane. I spoke with you the last time as well. I would just like to make sure we're very clear on this. The DNR is in fact working on aquatic invasive species very aggressively and if you believe that that's going to save our precious Chanhassen lakes from aquatic invasive species, you've got another thing to be thinking about because it's not going to happen. It didn't happen so far with Eurasian water milfoil. It didn't happen with curly lake pond weed. It's not going to happen with zebra mussels and it's not going to happen with the numerous other invasive species that are coming down the pipe. Yes, there's been a lot of press. There's been as much press about the DNR getting decontamination facilities as there has been about the request that we have to do the 3 lake pilot project. The decontamination process, just to give you a perspective on it, these are for boats 14 Park and Recreation Commission - August 9, 2011 leaving some landings. Some landings at Lake Minnetonka. There is one decontamination machine. There are 13 landings on Lake Minnetonka. Right, so we are kidding ourselves if we think this is going to make a difference in protecting our lakes from aquatic invasive species. The DNR has a number of inspectors identified now as capable of requiring a mandatory inspection and doing a more aggressive inspection. This is brand new and I will tell you I am as livid about this as I can be. I am one of the 60, 70, 80, 100 volunteer inspectors. I gave personal and confidential information to the DNR as a part of that training and to be finding out later that I have virtually no capability blew me away. Why would they need personal and confidential information if they weren't going to give us some level of capability? Well now they've redefined their levels of capability. Todd's exactly right. That's a draft document. I've had it for weeks now and they don't have this approved yet so Level I and Level II AIS inspectors don't exist. The training doesn't exist for that. So this is a moving target and it is moving very slowly so our request that we made last time is very simple. Maximize the effectiveness of the invasive species program at the Lotus Lake Park. We've got the inspectors to run during the business hours. All we were asking for in the primary objective was to control the non - operating hours so that those volunteer hours are effective. An automated gate. Not asking for police. An automated gate that opens at park hours. Whatever time you choose that to be, and closes at park closing, whatever time you choose that to be, solves the problem. Can you make an automated gate work? Yes you can. Can you say that there are all too many problems with an automated gate? Sure you can say that too but you know what, automated gates work and lots and lots of 24 by 7 operations around the country. Around the world. This is not rocket science so to say that money is a problem, you've just heard it from the Lotus Lake guys. Money is not the problem. They can get it installed. They will pay the maintenance for it. It just seems like we're kidding ourselves if we're saying we're not going to do anything. We're going to count on the DNR. That just seems crazy. I don't think we're protecting our lakes. Thanks. Daniel: Thank you Joe. Greg Dryke: It's really short. Greg Dryke, 105 Choctaw Circle. I'm the manager of the inspections and I just wanted to clarify something that's been going back and forth at these Level I and Level II. I had a training done by DNR contact, Maureen Nekowski, if that's her name, last Monday and she told me that they are in fact moving forward within the DNR right now on their Level I and Level II training. Right now they're only training themselves in interior but she told me they've got a schedule planned out. They're doing it. It's been passed so just point of clarification. Joe Shneider: And no volunteers will be eligible to be Level I or Level II inspectors. Greg Dryke: Yeah, I didn't know the eligibility but. Joe Shneider: No volunteers are going to be Level I or Level II inspectors because the Commissioner of the DNR has said that. Hoffman: That's what's stated here under authorization. Authorization for commissioner delegation authority. 15 Park and Recreation Commission - August 9, 2011 Joe Shneider: Right so just to put the fine, point on this, unless the DNR is going to get dramatically more staff, you are not going to have the kind of inspectors that can require an inspection or can turn away a boat. Deny access which is what the wording in the chart is. So they're coming down with this. They're coming up with new training. They're coming up with new programs. New levels and it is a long way from being at your lake in any volume to make a difference. Daniel: Okay, thanks Joe. And thank you Greg. Okay, anyone else who would care to discuss. Mitch Krause: Mitch Krause, 2380 Timberwood Drive, Chanhassen. I think if you work on this, as they've said before, I support the recommendations you've made and I'd like to thank you for that. I'm opposed to any gated access in any lakes in Chanhassen. Thank you. Daniel: Thank you Mitch. John Colford: I'm John Colford. I'm at 7470 Chanhassen Road. I think the number, I mean we've been saying the DNR's not going to be very effective but I think the number in the paper was 17 inspectors for 3,000 boat launches statewide and that's the budget increase has created 17 inspector positions for 3,000 boat launches so, I mean clearly that's next to useless. Boat launches are gated in the Twin Cities. They're gated in Three River Park Districts. They all have, well not all of them but many of them, including parks with lakes, with boat launches, have automated gates at the park entrance and they open you know at park opening and they close at park closing. They have motion sensor technology to let people who are in the park after hours out. So they exist. They exist in our communities. They exist in our communities around boat launches so a gate would not be unprecedented. Thanks. Daniel: Thank you John. Gary Simons: Gary Simons, 7024 Tartan Curve, Eden Prairie. I think I'm 12 houses away from Chanhassen. Just wanted to thank everybody here for their concern about the lakes. I can't think of anything more valuable to our recreational communities than keeping our lakes clean and with the fear of not only zebra mussels but the big head carp scare the living daylights out of me as a waterskier. So I want to thank you. I'm one of these people that I guess is not in Chanhassen that uses the lake. I'm all of a mile from the boat launch. We use it frequently. We think it's a wonderful lake. We've been here for only 2 years. Didn't even know it was there when I bought the house and it made my day when we finally, because it's a great spot to hang out. We found the inspectors to be very, very knowledgeable and helpful. They kind of surprised us the very first time they were there but we didn't mind them taking a look at our boat. I think it's a great idea to try to keep everything that shouldn't be in the lake out of the lake. But at the same time I'm a little worried on some of the hours and the idea behind if there is any sort of off -site inspection that we need to take place because I'm sure like many families that are around the lake who trailer it in, it's one of those hey, it's a nice night at dinnertime. Let's go into the water for the evening and if our evening is precluded from going into the water because we have to go to some very off site inspection and don't get in there, summer's short. Evening's are short. You like to be able to use it. We use it quite frequently. We'll drop in at 7:30 or 8 :00 at night and spend an hour, hour and a half and we'll be back out of there so I just want to make sure that 16 Park and Recreation Commission - August 9, 2011 you keep that in mind as you determine whatever policies you have going forward. If there's ways that a gate could be used that would allow us to maybe stay there until the stars start to come up before we pull out, that would be terrific. Thanks. Daniel: Thank you Gary. Dave Vonfruke: My name is Dave Vonfruke and I'm from 131 Fox Hollow Drive and I'm not a property owner on a lake here in Chanhassen but we, our family does have a cabin on the White Fish chain and they're dealing with things akin to this too. You know invasive species affect all lakes and I care about those as well as the ones in Chanhassen but my, what I just wanted to state here is one of the attitudes of people up there that we've run into, because we have been doing inspections and stuff up there over the last few years to try to combat this too. Is people taking the attitude, well I'm not going to inspect my boat or I'm not going to do this because the lakes are going to be infected anyway so who cares and that's that so that's one of the things that's really kind of concerned me is that attitude that well all these species are going to get into the lake anyway so why bother so to combat that sort of attitude I would definitely stress you know inspections in some point to just combat I guess apathy so nobody's really mentioned that but that's something that you know I saw people having that kind of attitude. My jaw dropped. So I would just stress action over inactive. Daniel: Okay, thank you Dave. Bill Kirkvold: My name is Bill Kirkvold. I live at 201 Frontier Court in Chanhassen. I took part in the DNR so called training for boat inspectors here early this spring. In fact it was the opening day of fishing and I'm appalled by the fact that the DNR presented this as some kind of worthwhile training when indeed I come to find out today that it's really worth nothing and I would encourage you to do something about this problem. Not because of me living on Lotus Lake but the fact that the DNR, if we wait for the DNR to do something, I think as a previous person also stated, it's going to be a long time before they get their stuff together and really have something that's effect. I think we need to take a leadership role here and look and see what's the task that's really needed. We can't sit back and wait for the DNR to say yeah well I think we'll come up with a policy sooner or later. We need to act now. Daniel: Thank you Bill. Pat Pavelko: Pat Pavelko, 7203 Frontier Trail. As Todd and Jerry probably know I do a lot of walking in Chanhassen and the other day I was walking and I always walk by Lake Ann and I go by the beach and I walk by Carver Beach on Lotus Lake and as I was walking by I thought with the invasion of the zebra mussels, all the people that use the beaches. Lake Ann, Lotus Lake and we're just not talking Lotus Lake. We're talking the Chanhassen lakes with the invasion of the zebra mussels those beaches will practically be closed. The zebra mussels are like razor blades and once the lakes get infested you're not going to get rid of them. Lake Ann is a very, very high commodity here in Chanhassen and that beach is used a lot. We just mentioned Miracles of Mitch Foundation that's going to have their fundraiser, the world's largest kids triathlon. Lake Ann gets infested with zebra mussels, they won't be having the triathlon at Lake Ann any more. The kids will not be able to use the beach. They won't be able to swim. I mean this, we're 17 Park and Recreation Commission - August 9, 2011 looking here at a crisis and I don't know if the City realizes the crisis that we have and it can't be put on the back burner because it's, they're going to be infested if the City doesn't take a leadership role in stopping the spread. It's very easy for a boat that's fishing on Lake Minnetonka and to say you know what, it's getting busy out here. Let's go to Lotus Lake or let's go to Lake Ann or go to Lake Minnewashta and let's fish. It won't be that busy. That one boat that goes to Lake Minnewashta or Lake Ann, you've got a major, major problem. So the leadership here, you guys have to, you have to lead. You have to stop the invasion of these mussels. Thanks. Daniel: Alright, thank you Pat. Brian Kirkvold: Brian Kirkvold, 44 Center Street in Excelsior. Just one quick comment and I'll quote the DNR on this. Zebra mussels are preventable so for someone to say that it's inevitable, it's just not true. If you watch where the lakes are, the zebra mussels are present a couple of years ago versus now, you'll notice they follow the freeways and they follow where people are traveling to. Those destination spots but Heidi Wolf, Tom was in the meeting, Steve Jenks was in the meeting, Heidi Wolf of the DNR, zebra mussels are preventable. Daniel: Alright, thank you Brian. Please feel free certainly if there's anybody else who's like to comment or certainly ask questions. If not, what I'd like to do now at this time is just take a few minutes to discuss amongst the commission here as far as some of the issues and comments that the residents have brought to us tonight. Also with regards to the proposed motion, or actually leading up to the proposed motion by city staff and the commission here with regards to the aquatic invasive species topic. Peter, we'll start with you. Aldritt: I guess I want to say thank you for all your guys time and efforts put into this project. see you care about the lakes as much as all the other citizens and the councilmembers up here I'm sure. And I would, I guess I'd like to see as far as putting a gate in, and carrying on further maintenance of it, would Lotus Lake Alliance, would they be able to take on that maintenance farther down the road or would that have to be, fall on the city? Okay, so down the road if it needed to be repaired or maintained, you guys would be able to take care of that. That's all for me right now. Daniel: Thank you Peter. Brent. Carron: I guess we've got a couple different issues here outside of the, well the one main issue I see is got some people looking for a gate with access key, or a code and then some people just looking for a gate for non - operational park hours. I don't really know how to address individual ones or one other than the other. Is that what I'm hearing? You guys are looking for the gate for the just non - operational hours? Open and closed during. Steve Jenks: Let me clarify for you. Carron: Okay. 18 Park and Recreation Commission - August 9, 2011 Steve Jenks: Our purpose would be two fold but the reality is the gate that we would provide to control the overnight hours would enable us later with no changes to participate in the pilot program that we're talking about so I can separate those issues. If the City decides not to move forward with the pilot program, you still have a gate to control the overnight hours. Does that help? Carron: Okay. Yep. Steve Jenks: Thank you. Ryan: Chair Daniels, could we possibly have some comments from all of us first just one what was said and then move forward with each request and take it one by one so we're all talking about the same thing at the same time? Daniel: We can certainly do that. Ryan: Okay. Daniel: Probably a good idea from an organization standpoint. With regards to enforce park hours, and really there's two ways to do that and we've had Lieutenant Enevold come here and discuss sheriff officers position on that issue so and really the other alternative, which certainly the Lake Alliance Association wants to discuss is the addition of a gate or the implementation of a gate of some sort to control park hours so Elise. Ryan: Before I go there, first of all I would like to thank everybody for coming tonight. It's great to see such cooperation and community involvement and obviously we like hearing your concerns. Your passion for the city in which you live or visit and personally before, after the meeting that we had last time I did some due diligence and asked people in the community that live on the lakes, as well as people that trailer their lakes, just to get an understanding of where their coming from a convenience standpoint. From a homeowner's standpoint and you know, and I found an overwhelming support for where you are at so that was interesting to me and help me understanding that your viewpoint as well as some of the recommendations. One of the other pieces that I'd like to talk about is just from an environmental standpoint. I'm a big believer in less government but in this situation I don't believe that the environmental will take care of itself. I believe that it's the citizens job to help move some of those things forward and I appreciate your efforts to push the DNR and speak to your community partners and leaders and share your concerns and help educate us, because there's obviously a lot of issues that the City, County and State officials deal with on a daily basis and so some things do slip through the cracks so I appreciate you guys bringing this to our attention so we can take, you know put those safeguards in place and protect the environment. And then this was mentioned by a couple different people this evening, which I do believe in that we should be leaders as opposed to followers. I think we have wonderful assets in this community that we should protect and it would you know be a wonderful situation to be a leader to have the rest of the state to follow us and set the example for how to protect one of the most fabulous natural resources we have in the state of Minnesota. With that said I know Tom I believe that you weren't pleased with the recommendation for this evening but as we, as we walk through each piece of it, I know the first 19 Park and Recreation Commission - August 9, 2011 one is about enforcing park hours. And with the, with you know great appreciation what our law enforcement does within this community I do agree with the Lieutenant and don't support having the zero tolerance policy and having them come to the lakes. However, I do support at this time some sort of a gate but I'd like to discuss that as we move you know kind of through the, through this process but I don't, I just don't support having the extra enforcement at the lakes at this time. So that's my stance on that so thank you. Daniel: Great Elise. Tom. Tom Kelly: I do have a couple quick questions and a comment. In terms of who would control the gate, there's got to be a guy that actually programs in those times. Is that guy a city guy or is that guy an association guy? I guess that's my question on the gate. Who actually controls the gate? You're going to buy it. You're going to install it. You're going to maintain it but does the city actually control the gate? Steve Jenks: I would agree to that. I don't see any reason why not. We don't want to control the hours. That's the City's to do I think. Tom Kelly: Alright. I don't mean. Steve Jenks: Right, I mean that's how I see it. Tom Kelly: Alright. Second question I have is, with the, with what Todd had sent out about state law does not allow for mandatory watercraft inspections so what the volunteers are doing right now is essentially asking if a boat would like to be inspected and the boat owner could say no and put the boat in the water? Steve Jenks: State law doesn't allow for a citizen to control a requirement for inspection. Tom Kelly: Okay. Steve Jenks: A DNR inspector at the right level of qualification can. Tom Kelly: Cando it. Steve Jenks: Can require an inspection and can require a decontamination as well and can refuse access to the take. Tom Kelly: Okay, so all the boats that you are inspecting and what is. Steve Jenks: On a volunteer basis. Tom Kelly: That's all, and the boat owners are volunteering to turn their boat or they're not required to turn the boat away. 20 Park and Recreation Commission - August 9, 2011 Steve Jenks: Right. We're not getting in any boats. We're not you know opening compartments and that sort of thing. Tom Kelly: Okay. Steve Jenks: We don't do anything that the boat owner doesn't allow us to do and we don't, I mean we're not, I think it's a liability issue for us as well as it is for the DNR. There's some questions as to what we can and can't do that way so we don't want to step over that line any more than anybody else would. It would be a problem. Tom Kelly: Right, okay. One comment I want to make is, is I walk my dog and sometimes at Bandimere Park at 5:30 and you know I don't want to get a ticket for walking my dog prior to the posted hours, but the chances of me affecting the ecosystem of Bandimere Park by walking my dog at 5:30 is infinitismo and I don't necessarily believe that's the case with the lake so I do agree with Elise. I understand saying if you restrict one public access you have to restrict everything with parks and lakes but I think this is a special case and I ask the commission to consider that zebra mussels is a separate case that doesn't really affect the vast majority of our parks that we have public access ordinances to. Daniel: Okay. Great, thank you Tom. And Peter with regards specifically to the enforcement of park hours, is there any other comments that you want to share? Aldritt: No. I guess I agree with your comments too on the gate. I think it's important to kind of take action on enforcing those hours and with what the sheriff has stated, you know obviously they have other priorities to watch over in the city and this gate would allow those hours to be enforced with little impact to the sheriff. Daniel: Brent, anything else you'd like to share? Carron: Yeah I just, I'm inbetween. I think a gate to operate operation hours is, I could maybe tolerate that. The problem I have is, to say that we're as an association are going to bear the costs of the gate, bear the repairs but yet it's still the City's gate. The City's going to take, if the power goes out the City's got to, is going to have to deal with it. If it breaks, the City's going to have to either bill the homeowners association of whatever and there could be some flack back and forth on you know costs or, I'm just looking at it as a standpoint where, I'm inbetween. I think it's a good idea as far as just operating hours only. Not during the daytime but then I also have a side of the City where the City's going to bear the responsibility. The City, I mean you're going to have to have someone check it. Make sure it's working properly. There is some bear on the City as far as responsibility and that's kind of making me teeter right now with the gate, and I guess I'm bringing this up because I don't know how to get around it. Daniel: Yep. Tom Devine: Let me just address that if I may. Carron: Sure. 21 Park and Recreation Commission - August 9, 2011 Tom Devine: You know we're breaking new ground and I think the issue is, I think what we're trying to put forth is, there's a willingness to provide resource at non - taxpayer expense to try to make this work and the issues of, I think it's appropriate that the City actually you know program the gate and set, you know set the pad or whatever it is that you know makes it work electronically. And whether that's done, some gates are handled electronically from a remote locations. I've heard all sorts of different things about the gates. That's part of the homework that we really need to look at in terms of what it is. The issue is we're willing to take on and work with whatever the sources are to make the thing work mechanically. To make sure that, it isn't about trying to deny access to anybody. It's about trying to make the thing work and I think what we have to do is have enough flexibility to try something and see what happens you know. That's what the pilot's about is to try to work through those issues and I think it's a cooperative effort. Certainly if people that live by the gate, if the gate doesn't work or something, they're going to report it and you know who's the service contract with that's going to be taking care of it and that sort of thing. I think what we have to. do is be flexible enough to say we're all in it together. We want to make the thing work effectively. It isn't about trying to put a stumbling block in front of everybody but at least the resources have been put forth or they're being committed to to try to make this whole thing come together. I think that's the thing you've got to look at is what are the resources and billing this group or charging this or whatever, we'll work through that and make it happen you know. I'm sure that that's the willingness that all of us have. And if it doesn't work, you take the gate out. You say okay, it didn't work. You know whatever it is, it didn't happen. The whole idea is to try something to see what it is because we cannot staff or put you know young girls in these parks after 10:00 at night or having people there before 5:00 in the morning or 5:30 and I want to point out, you know there's 10 stalls down there and 2 handicap stalls. That was an agreement that when that boat ramp was built was a very complex agreement that was laid out with the neighbors in terms of what that was and the hours, the enforcement of the hours was one of the stipulations that was made to the person that sold the land to the city, state or federal government or whoever ended up paying for it on what was going to happen there and those stalls, it's not unusual to have 4, 5, 6 boats all launched before 5:30 in the morning, which is 50 -60 percent of the boats that are allowed onto the lake. Those fishing boats are in there before the hours so it really is about helping to control the on and off of the lake you know and that's why the gate thing is there. And I certainly understand the Lieutenant can't go down there and be in every one of the locations, and that's why the gate is, I mean they have them in parking ramps all over town. I mean it's a new technology. It's there to help us. Carron: One other thing is that with the gate is one thing but then I guess we, I would feel more comfortable talking with the association as well as far as seeing what their actually plan is as far as having someone at the launch. Someone you know watching it during park hours and how many holes are there going to be? Obviously there's going to be scheduling conflicts and that sort of thing but if we do put in a gate to hold people back to park hours, how many hours are actually going to be watched during open hours? With the volunteers. Daniel: Okay. You know with regards to the enforcement of park hours by the sheriff's office, and I agree with I think most of the commissioners sentiments here that, given the scope of the duty that they have and currently I'd say priorities, and especially being the safety of our citizens 22 Park and Recreation Commission - August 9, 2011 more so than the certain aquatic species in our lake, or invasive aquatic species in our lake, that certainly is a priority number one and I think certainly it, I agree with him from the spirit of the law that, or least from the aspect of the spirit of the law that certainly it needs to be left to each sheriff, or each officer to make that judgment call. With regards to the enforcement or the implementation of a gate, from my perspective it is something I am against. My reasons are fairly simple and I think they became more to light and certainly I'll certainly let ... comments on that. One happens to be that I do believe that there is the ultimate goal that of trying to implement this into the pilot program and I know Steve that you certainly made a comment that that is not something the City's interested in. We have ... with park hours but I do believe that is certainly, that's certainly the ultimate goal and from my perspective that's unacceptable and it's from one very simple reason. I have a mother who fishes and she's 67 years old and fishes. She goes to Lake Ann and Todd's probably seen her out there fishing and she has no interest in driving to Minnewashta and then having to go to Lake Ann or Lotus Lake. That will in my mind deter her from doing something that she likes. That decision was pretty simple on whether or not I support that program. So, and I think she's just a microcosm of how other people feel about that particular policy. The other comment that was made tonight that certainly brought to light is, and I do believe there's some concern about restriction. My view with regards to Lotus Lake, Lake Ann, Lake Susan is that's a Minnesota lake that happens to be in the city of Chanhassen. When people buy boat permits they don't buy Chanhassen boat permits. They buy a Minnesota permit and that permit allows them to fish on every single lake in this state that we get access to. Without restriction and I fully do believe that so with those two things really come into play 1, it's hard for at least, and again this is my opinion. I'm 1 of 5 here tonight and 1 of 7 on the commission, I find it difficult for me to consider that currently. There was a comment made about Bryant Lake Park and Three Rivers. Absolutely. Same thing with Carver County Park and Minnewashta. They do have gates. They've gated the parks themselves. So certainly that, and if you consider Lotus itself, for example Lake Ann is pretty simple to gate. It's a single access point and it's quite a long ways to get into it. Lotus Lake for example, if you were to gate that facility, you're also gating potentially a neighborhood as well. I mean I'm just looking at the scope, well I guess the access point when you take a right going down but your parking's on the other side of the road and that same road is shared residents, if I remember correctly. I was just there on Friday. So again there's some complexities I just don't think need to be, if we were to, if the commission certainly were to consider it obviously it'd be further discussed but I just see that you know there's certainly, as I like to use the term and we use it a lot, slippery slope going down that direction as far as with the gate. It doesn't necessarily mean that I don't want to consider the importance of the invasive aquatic species. I learned to swim on Lotus Lake so certainly I grew up, and even though I'm a 40 year resident here so this is also important to me. So you know and you're actually right. One of the questions I had for Todd was what about the beaches. That's the very first priority from my standpoint. Lake Ann, it is a commodity and part of it is, you know and his response to me is we don't know. I mean you can look on Lake Michigan. You can see pictures and I've gone on the internet and looked, there are some horrific pictures of what we see on the public beaches but Minnetonka's had it for a year and you know Robinson Bay is highly infected I do believe. Yet we're still swimming over at Excelsior beach so please. Yes Joe, please step up. 23 Park and Recreation Commission - August 9, 2011 Joe Shneider: If I can. Couple points. Number one, the adult zebra mussels typically don't die for about 5 to 6 years and it's only at that point in the cycle that you would get volumes of shells on the beach so you've got. Daniel: It's a wash up issue. Joe Shneider: You get some now from let's call it premature death but you're going to get substantial amounts in 5 to 6 years. So that just gives you a perspective. Daniel: Sure. Joe Shneider: We're not there far enough in the cycle yet at Lake Minnetonka. Daniel: Okay. Joe Shneider: I think the second point is, if I can commissioner I would really ask you decouple potential during operating hours use of a gate and any controls which we have no right to do at this point in time. It's a desire but there is no right to do that. Separate that completely from the concept of gating the non - operating hours which will not affect your mother at all unless she's there before park hours. Daniel: Yeah and that won't happen either. So certainly, you know again that with specific to the gate and really what I see, that's just where I share my thoughts on. What I'd like to do and maybe it might make sense is we may have to, I suppose as we go through each subject we should probably, since we have various opinions on each one of these, maybe make a motion for each three. Would that be an agreement of the commission so we can address each one individually. Why don't we come back and let's move on to adopting, you know questions regarding policy of adopting aquatic invasive species policy. Hoffman: Chair Daniels? Daniel: Yeah, please Todd. Hoffman: Just two points before the commission makes a recommendation, and also for conversation with the audience members. And one point was made early on and one was made later and we've recently talked about it again. The first point is the position of the DNR Commissioner. Our recollection is that he was talking about the pilot program to mandate that people go to Lake Minnewashta. That he did not support. I don't believe he was referring to the volunteer inspection program. Second issue is, what are our, zebra mussels spread and they're found in Lotus Lake or they're found in Lake Ann, what are these lakes going to look like 10 years from now, 20 years from now, 50 years from now. What are the beaches going to look like and again in my conversation with Chair Daniels, we don't know but I think there are clear differences that we can all at least appreciate. The pictures that we're seeing from the Great Lakes, there is a very large amount of water, space, area and then substrate for these organisms to live on. Our lakes are primarily mud bottoms, and /or sand in some areas. These things require, either vegetation or they're not really, from what I've seen, very aggressively making 24 Park and Recreation Commission - August 9, 2011 colonization with either sand or gravel and so a lake like Lake Minnetonka probably has lot more sand and gravel and rock but lakes like Mille Lacs obviously have a lot more so you're going to have a volume of water. You're going to have a lot higher volume of these organisms. I don't believe, and I just want to deter any fears. I don't believe Lake Ann, if Lake Ann gets zebra mussels is ever going to be not able to be swam at that beach. The volume of zebra mussels that would wash up, in my opinion just wouldn't be great enough. You could clean the volume that would make their way to that beach and so I can't guarantee that but I think that's something if you think about it. A water body like at Lake Ann really has no rocky shores or gravel areas. It's all vegetation. Mud bottom. The colonization of zebra mussels is going to be much different in each individual water body if they happen to make their way into those different places so I just wanted to have everyone keep that in mind. Daniel: Please. Pat Pavelko: Just one clarification is that this is aquatic invasive species. It's not just zebra mussels. It's also perhaps you've heard of quagga mussels. It's very similar to the zebra mussel. They're located near the Great Lakes. They're coming this way. They attach to soft bottoms so you have the zebra mussel on harder surfaces. Quagga mussels on soft bottoms so, and there's additional invasive species coming after that so. I've got a whole pamphlet of them here. Audience: We said we did... Daniel: So with the adoption of aquatic invasive species, having a discussion about that. Elise, please. Questions, comments? Ryan: Well, I mean I don't have a lot to say about this. I definitely support having an area, adopting a very aggressive invasive species policy. I think forming a committee or a group with the citizens involvement, with the advisory committees and get the local, county and state and regional governing bodies involved. I think this should happen sooner than later to you know, to I know a lot of things take time but to allow this to progress I'd like to move on this, or make the recommendation to move on this quickly and aggressively. Daniel: Okay, Tom. Tom Kelly: I agree with what Elise just said. No additional comments from me. Daniel: Brent. Carron: I agree. Daniel: Okay, Pete. Aldritt: I agree also. Yeah, I think it's important to move. This is something fairly simple. Well not very simple to employ but a good way to increase education and allow citizens to help out and do their part too. 25 Park and Recreation Commission - August 9, 2011 Daniel: And Todd, really what, when you're looking at, in the proposed motion that we had prior, that you have laid out or that we've discussed, it recommended that the City comply with accepted DNR create to step. If some sort of policy was to be in place, is what the, from the City standpoint, both with you and Lake Action Alliance had discussed, is it something to adopt? When you're talking about continued discussions and education is that something to adopt a policy like this? I mean is this what the ultimate goal what you're trying to accomplish having a city policy or not? Hoffman: That's not the intent in the staff s recommendation. Daniel: Okay. Hoffman: I'm not sure what the numbers are at the State level. It was 4 million. Now I believe it's maybe 7 million but they're investing a great deal of money. I think it's over 7 million now for aquatic invasive species. The entire budget of the City of Chanhassen is under 10 million dollars for an annual operating budget. That's within all sorts of things so it really is again is a policy. If you want to make a recommendation to the council that they form an AIS committee and to form some type of policy that's your discussion and then that's the decision of the City Council. Daniel: Correct. And I think that's one of the things again we have to remember. Everything that we're discussing certainly is recommendations to the council. Ryan: Right. Daniel: ...implemented or certainly sets a policy so please understand that. And as far as from my standpoint, I'm open either way. Again I do agree this is certainly an issue, one that needs to be discussed further, along with further education I think. That's the additional intent of what the DNR's been trying to do with regards to doing a simple thing like removing the plugs. I mean I guess where you're looking at, when you're trying to address a large contingency of, or a large population that have boats it's kind of taking it down to the simplest form is your first step in action and obviously the simplest thing is removing your plug when you leave a lake. That the plug has to remain out until you're ready to launch again. Whether or not you put the plug back in is your own responsibility and how fast your bilge may work but nonetheless you know that will be again another education that everyone is going to have to go through. So when we consider some policies obviously we have to, also have concern what's the policy that is going to be specific to what we're going to try to do here in Chanhassen. What we're trying to accomplish and also what makes best practice and policy for everybody else and all the other citizens within, or residents within our city because again that's you know our first charter. And although I talk about what, that the lakes are access for everyone, when we create a policy from that standpoint it's really what, how it's going to be implemented in the city of Chanhassen so I'm indifferent either way but it certainly, it'd be interesting to see what type of feedback we get as we continue down these discussions. I think it's something that we don't want to halt and we want to continue to discuss so. 26 Park and Recreation Commission - August 9, 2011 Ryan: For a question Todd. So for, when we make this recommendation, should we be specific to the council on who that group is or is that, can we be as specific as? Hoffman: That's up to your discretion. Daniel: Again, whether the council wants to change it or not, their own discretion. Ryan: Right, but the more specific we are, okay. Daniel: Things can change obviously but thank you Elise. Ryan: Sure. Daniel: Alright. If there are any other comments with regard to the AIS policy why don't we move onto the support of the volunteer aquatic invasive species education program specific to South Lotus Lake Beach, so or South Lotus Lake boat access. So Brent, why don't we start with you. Any comments? Carron: No. Not regarding that. I would just go along with what the recommended action would be and that would be to continue to support for this bullet point. Daniel: Okay. Peter. Aldritt: Yeah, I agree with Brent. Go along with what the recommendation is. That states it clearly. Daniel: Elise. Ryan: I agree. 1'd like to make that recommendation but I'd also like to make a public thank you to Todd and the City for working hard with the different lake associations. I know you have all thanked him and I know that there has been challenges but there, you know I think we educate each other and I think Todd and his staff have done a great job in working with lake associations as well as informing us as a commission so I'd like to thank Todd and the staff for their work on this. Daniel: Thank you Elise. Tom. Tom Kelly: I agree. I don't have any additional. Daniel: And certainly I agree with the rest of the commissioners. I mean you know this is an important subject obviously and one that's been brought to our attention very quickly here. Although it's, you know we all read about it in the paper, I agree that we certainly need to take some sort of leadership role with regards to addressing this issue. So I guess you know to continue the discussion and support of the volunteer program, I agree with completely. You know I wish there were some DNR program in place that gave you, you know to be honest with you, some authority to at least make those inspections. I don't think there'll be anybody here 27 Park and Recreation Commission - August 9, 2011 that will certainly object to that. So again as far as the volunteer program that is in place, you know that's something again I want to see the City certainly work out very closely with, from my opinion, with the various organizations and associations so with that do we have any other questions for staff? Okay, or any other comments as a whole? And certainly if there's any other opportunities one last time that anybody would like to make a comment, please feel free. If not, we're going to go ahead and make a motion. Todd I think we're going to probably have to venture off the script a little bit here since I think it would be a lot easier at least an organizational standpoint to address each proposed motion. For each one of these three subjects. If you don't mind and because again there's certainly various opinions. Go ahead Tom. Tom Kelly: I recommend we start at the bottom and work our way up. The third one and. Daniel: Yeah, let's go ahead and do that. So Tom since you made the suggestion I'm going to leave it up to you. Tom Kelly: No, I'm actually not going to make that motion. I'll let someone else make it. Daniel: You're sure. Tom Kelly: Yep. Daniel: Okay. Well and I think part of that motion really is a portion of what's been laid out beforehand and that's really to formalize a relationship between the City and volunteer groups conducting education and voluntary inspections. The City has recommended that, it's been recommended that the City comply with an action of the DNR AIS Volunteer Manual and create a written agreement between the City and volunteer groups outlining expectations and procedures for adoption by the City Council so from that standpoint with regards to the volunteer inspections and the continued education and working with the City on this issue, why don't we go ahead and make a, well I guess that is a motion. Why don't we find, second it. Carron: I'll second it. Daniel moved, Carron seconded that the Park and Recreation Commission recommend that the City comply with an action step in the DNR AIS Volunteer Manual and create a written agreement between the City and volunteer groups outlining expectations and procedures for adoption by the City Council. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Hoffman: To clarify. Daniel: Please. Hoffman: That motion was made to the City Council correct? Daniel: Correct. With regards to the adoption of an aquatic invasive species policy, I think there might be, this is I guess is kind of where I'm indifferent. I think if there's some specific Elise 28 Park and Recreation Commission - August 9, 2011 seemed to comment a little bit more than some of the other commissions. If there's something that you'd like to lead or have an idea on. Ryan: Tom, did you write this motion down or not? Tom Kelly: No, I did not, no. Ryan: Okay. One quick question or comment before I make a motion for this. Steve I know you said that you will answer those questions by the end of the week. Will you make sure you answer those questions by the end of the week please. Steve Jenks: I'd also add that Todd Gerhardt is dragging some answers to me in that same list of questions so we're both remiss. We need to talk to each other and I don't say that to be mean. We'll work this out between us. Ryan: Okay. Alright. Steve Jenks: There's on my side of the equation there's a group I'm working with and so if you can imagine there's 4 or 5 different drafts for what the answers are but I can get those done. Ryan: Okay, just that the questions that were in the packet that we received, I think having some of those answers would be very helpful. Steve Jenks: Absolutely. Ryan: As we move forward. Steve Jenks: Yeah, I'm happy to support that, thanks. Ryan: Okay, thank you. Daniel: Okay. Elise. Ryan: So itwould, the commission would make a recommendation that the City Council moves forward with the very aggressive approach in terms of timing and developing a policy with the input of the citizens, city advisory committees and local, county, state and regional governing bodies to adopt an aquatic invasive species policy. Daniel: Okay. Second. Tom Kelly: Ryan moved, Tom Kelly seconded that the Park and Recreation Commission recommend that the City Council moves forward with the very aggressive approach in terms of timing and developing a policy with the input of the citizens, city advisory committees and local, Q7 Park and Recreation Commission - August 9, 2011 county, state and regional governing bodies to adopt an aquatic invasive species policy. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Daniel: Okay. Let's move onto the, really address the issue, I think what it comes down to is the gate at South Lotus Lake Park boat access. If there wants to be a motion that wants to be moved. Tom Kelly: Sure. I move that the Park and Recreation Commission recommends to the City Council to approve the installation of an electronic gate at the public access at Lotus Lake to enforce the posted lake access hours. This gate will be purchased, installed and maintained at the expense of the Lake Action Alliance group with the only initial expense to the City being the electrical hook -up. Additional gate management issues will be worked out between the City of Chanhassen and the Lake Action Alliance group. Daniel: Okay, get a second? Ryan: Second. Tom Kelly moved, Ryan seconded that the Park and Recreation Commission recommends to the City Council to approve the installation of an electronic gate at the public access at Lotus Lake to enforce the posted lake access hours. This gate will be purchased, installed and maintained at the expense of the Lake Action Alliance group with the only initial expense to the City being the electrical hook -up. Additional gate management issues will be worked out between the City of Chanhassen and the Lake Action Alliance group. All voted in favor, except Daniel and Carron who opposed. The motion carried with a vote of 3 to 2. Daniel: I think that's about it. With regards to our, the aquatic invasive species discussion specifically to the three points that we just got done talking about so certainly we again appreciate those residents who had an opportunity to stop by tonight and take time out of your busy Tuesday night to further discuss this and give us an opportunity to listen so again thank you. If there are any questions please contact the City. Also as well you know feel free to talk to your City Council representatives. Hoffman: Just so everyone is aware on how things take place now. The Minutes will be typed and prepared and then the recommendations from the commission will be forward to my office and the office of the City Manager. The City Manager will discuss those with the Mayor and then they make a decision on whether or not this issue is placed or the timing of when they're going to place that on a future City Council agenda. Daniel: Okay, thank you Todd. As far as new business Todd, anything else that needs to be discussed? Is that it? Hoffman: That's it. Audience: I have one question. 30 Park and Recreation Commission - August 9, 2011 Daniel: Please. Audience: Before we adjourn. In the interest of moving quickly, which I believe all of you agreed you know we want to move quickly as far as the aquatic invasive species. Can we do something to encourage the City Council to act quickly in the motion to, so something to jump start it? Daniel: Todd you're more familiar with procedure than I am. What type of. Hoffman: I think your motion's presented that. Daniel: No as far as I think what he might be looking for further is just you know what does it take to, you mentioned that it's going to be up to the City Council themselves to set the agenda correct? Hoffman: Correct. Daniel: Okay and whether or not, and when they take this, when they want to take this. Hoffman: Yeah it's their decision. As a citizen you're best recourse or your best action is to contact them. Daniel: Correct. And that's exactly right, alright thank you Todd. Okay. COMMISSION MEMBER COMMITTEE REPORTS. None COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PACKET. None. Tom Kelly moved, Carron seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Park and Recreation Commission meeting was adjourned. Submitted by Todd Hoffman Park and Rec Director Prepared by Nann Opheim 31 Minnesota Department ®f Natural AIS Volunteer Manual Ckan eo,:%,sy, 4 Dear AIS Volunteer, Thank you for expressing interest in volunteering your time to help protect Minnesota's precious natural resources by volunteering at public water access. The Minnesota Department of Natural Resources relies on volunteers like you to help get the word out about invasive species. The potential for invasive species to spread from one water body to another is very high. We need people like you to help educate boaters throughout the state to maintain clean boats and clean waters. The DNR looks at your participation as a means for building bridges with communities of concerned citizens. This partnership will help accomplish the two primary goals of this program, to increase public awareness about the threats of invasive species to Minnesota waters and to provide education for individuals to help prevent the spread of invasive species. The process for becoming a partner with the DNR to help combat invasive species is outlined in the pages that follow., We strongly encourage you to take an active role in this partnership and help protect Minnesota's waters near you! Thank you for your time and support. Heidi Wolf— St. Paul Maureen Ziskovsky —St. Paul Watercraft Inspection Program Supervisor Watercraft Inspection Program Assistant 651- 259 -5152 651 -259 -5146 heidi.wolf @state.mn.us Maureen.ziskovsky @state.mn.us Keri Hull - Brainerd Bruce Anspach - Bemidji Watercraft Inspection Program Assistant Watercraft Inspection Program Assistant 218- 833 -8737 218- 699 -7295 Keri.hull @state.mn.us Bruce.anspach @state.mn.us Anna Ness —Fergus Falls Watercraft Inspection Program Assistant 218- 739 -7576 ext. 247 Anna.ness@state.mn.us Overview of the AIS Volunteer Program Purpose: The purpose of die AIS Volunteer Program is to educate die public about. invasive species at the public access. These intcractions at die access serve to teach people about invasive species such as Eurasian watermilfoil, zebra mussels, rufle, spiny waterflea, and others that can invade our water bodies. You will tell boaters how to comply with Minnesota laws regarding invasive species and help people understand die necessary steps and places to look on their boat and trailer for invasive species. Please remember that your role is as an AIS volunteer and that you are not authorized to require watercraft inspections. Watercraft users are not required to speak with you and dhc Iiroccss is completely voluntary and educational. General Re quirements: 1. ALL people who wish to be AIS volunteers must submit a completed background check form and register as DNR volunteers (see attached forms) 2. Notify local DNR Conservation Officers and Trails and Waterways staff two weeks prior to tie first time volunteers will be inspecting at an access. Things To DO as a Volunteer: ✓ Be sensitive to the boater and cnccouragc cooperation, this will incip them remember us ✓ Show the boater where to check for invasive species, walk around t.lhe boat widh them. ✓ Show boaters examples of die invasive species using the II) cards and /or brochures ✓ Keep to the point if it is busy, people will be wanting to get on die water ✓ Have fun, you are doing a great thing for Minnesota! Things NOT 1'O DO as a Volunteer: ✓ Do not. touch, handle, or go iii or on the boater's equipment. ✓ Do not put boaters or yourself at risk for injury. Use comn ion sense at all times. General precautions include making sure the car is in park before going near the trailer and never ask die boater to crawl under die boat. ✓ Do runt order or demand that boaters do anything if they arc disinterested or argumentative. Remember that while you are serving as an educating body, you have no authority above that of an average citizen. Steps for speaking with watercraft users at the access• Step 1: Getting. Organized Develop a committee to organize die volunteers. Detennine how many lake access sites you have oil your lake and whether they are public or private. Detenninc volunteer nunnbcrs needed !or speaking with watercraft users (we recommend at least 2 per site) Get written approval from access ownncrs or managers before scheduling inspections if it is a non DNR access. Notify local DNR Parks and Trails stall at least 2 weeks in advance of your start date if DNR is the access adminristrator(see list in back). Notify local DNR Conservation officer at least 2 weeks prior to your start date. Step 2: Volunteer Organization Before the start of the season, have all volunteers trained by the MN DNR. If you wish to have a second training session we can help wide this as well. A DNR employee must conduct each training session. Have each volunteer fill out die background form at die training session and turn it in immediately, you will only be notified if you do NOT pass die background check Register each volunteer with die DNR Volunteer Program by tuniing in the form attached to dais packet.. Step 3: Gather Needed Materials Signs: These will identify to boaters what. is happening so they are aware bclore you approach them at each access site. Sigjis should clearly say Invasive Species Awareness Event sponsored by (name of group) Identification for Volunteers: fI'his will help boaters recognize who is conducting the event and provide credibility for your event. Hats are available oil order from die DNR or else Ixnke Association or order organlZa6onnal attire could be worn. Educational Materials: "These can be sent out by dne Program Assistant via request. From die event coordinator. A complete list of available resources is attached. Step 4: Conduct Boater Education All volunteers should be trained inn how to educate watercraft users before the season. It is essential to remember not. to pressure die boater and to keep the atnnospincre educational. After introducing yourself and your purpose, you will follow the process below to Inelp boaters ensure they aren't. transporting invasive species. Watercraft user education process: SET UP AT ACCESS: ✓ Volunteers post signs explaining that they are speaking to watercraft users about invasive species and who is sponsoring the inspections at access site. INTRODUCTION TO BOATER: As vehicle approaches: ✓ Introduce yourself: Hi, I'm an AIS volunteer with the (insert organization, for example "Hay Like Association ") and we are here to share information about. invasive species with you Our purpose for being out here is to keep EWM, 7M, and other invasive species from sprcadinng to other lakes. I will start by having you look your watercraft over with me so I call show you some places you should check for invasive species, and then 1 have a few quick questions to ask you. BOAT CHECK: Il'you would walk around [lie boat with tie, I run point out some areas to look for invasive species ✓ Start. the boat check at the trailer winch post on (lie driver's side. Walk completely around tine boat and end at die passenger side winch post^ ✓ Look into die boat to check the anchor a►xl anchor line for plants, snails, mussels, and waterfleas; Spiny waterflcas are likely to collect on anchor lines, llslung lines, and dowuriggers. ✓ C Beck rollers and (.railer bunks fir attached plants; talk about. EWM and what (lie problems associated with it. arc, remind dnenn they must remove all vegetation before transporting die boat 10 be in compliance with die law, tell diem: EWM grows in dense surface maths that interfere wide many types ofwater rccrcatioin. It out- connpetes native vegetation needed by fish and wildlife. It also grows very last....up to 2" per day. (Also see the EWM info at die end of dais packet) ✓ When you get to tie trailer fender look at die axle, using a flashlight if possible, including oil the opposite side for plants. Aquatic plants are likely to attach to trailer, lower unit. and prop, and waterfowl decoy lines fishing lures. Also check license plates and taillight. wires Look closely for zebra mussels, snails, spiny waterfleas and osier species that may be attached to the hull of the boat and equipnncnt. Look especially close at the lower unit and motor parts that would be below the waterline. I Jse your flashlight to see under the boat and into the shadows. "Pell them about the problems associated with zebra mussels: Zebra mussels can reduce food that is needed by fish and other organisms, clog intake pipes for industry, litter beaches with sharp shells, and cahh foul boat. hulls and cause boat engines to overheat. They reproduce quickly - one female can produce up to one million eggs per summer. (Also see the ZM information at the end of this packet) (Note: Zebra mussels, New Zealand mudsnails, and mystery snails are likely to attach on the transom and lower unit of motor and aquatic plants.) RESPONSES IF AN AIS VOLUNTEER FINDS ZEBRA MUSSELS: Watercraft is exiting ZM infested waters: (e.g., Mississippi, Lake Superior, Mille Lacs, St. Croix, Zumbro, or Ossawinnanhakee, Ik Homme Dieu Chain, Minnetonka, Pelican Chain of Lake, Pike Lake, Prior Like) Advise die boater to remove all visible mussels before transporting the watercraft. Advise them to be sure to go to a car wash or use a high- pressure sprayer belbre re- launching. Make sure they arc aware of die laws. Watercraft is entering ZM infested waters: (e.g., Mississippi, Lake Superior, Mille Lacs, St.. Croix, Zumbro, or Ossawinnamakee, I.c Homine Dieu Chain, Minnetonka, Pelican Chain of bake, Pike 1,ake, Prior Iake) Advise them to remove die zebra mussels before entering die water. Make sure they understand that they should remove all invasives and plants before they transported die watercraft. Contact die local CO and report the incident Watercraft exiting a waterbody that is not known to be infested with zebra mussels: • Explain that this is a serious issue because no mussels have been fot.uhd there before. Ask how long the boat. has been ihh the water. Ask where has it been before it was in this waterbody • Advise the boater to be sure and go to a car wash or use a high - pressure sprayer and spray die boat down to remove the zebra mussels. • Contact die local CO and report the incident Watercraft entering a waterbody that is not known to have zebra mussels: • Explain that it is against the law to launch tike watercraft with attached zebra mussels. The mussels should have been removed before transporting die watercralt Tell them they should not launch and that launching the craft with mussels on it carries a 5500 line. Ask where the boater had been before. • Tell die boater to be sure and go to a car wash or use a high - pressure sprayer and spray the boat down to remove the zebra mussels. • Contact the local CO and report. die incident ✓ Check the drain plug auhd ask is dicer ;wy waterin the boat? Entering boats: the drain plug should be out on arrival. If it. is hhot, ask their to go away from die access and drain it (they need to go lar enough away that die water they drain out won't ruhi Into the waterbody). If It is out., remihhd them to put it in belbre launching Exiting boats: task them to remove die drain plug and leave it out. "They must also (train their bait container. Explain wh J • you arc aslullg and talli about Z.M i eligcrs and bow dic y al e 1,11e1'Os( f i(• and could be trrllsportcd in water. KEY LOCATIONS TO INSPECT SURVEY OF BOATERS: ✓ After the inspection then ask these survey questions: • Are you l aln lh ar NQ/ll the term aq uatic IIIVaSIVe SJ)C( - le sr' 'fell them a little about wliat. all aquatic 111vasivc species is "aquatic irlvrsive .species are plants or animals that come from anothe place alld can barns water recreation a)ld cause problems for our natlie plants and ihI111na1S. If the water body is infested, let tlicin know what it is infested Willi. "Zebra mrts:scls/1,'WM /,SWI�'arc in 1111s I;rkc 1rhiyl: out die orange infested waters sign an(1 remind them there is a complete list in tlic fishing regulations. • Say "77here have been cbaJlgcs made the to the invasive Species laws, to ensure you are aw.ve ofMcm l will tell you about them" • Understatelaws• o It is illegal to transport any type of aquatic vegetation on boat or trader - Aced to remove a vegetation before leavingaLixaccess and belore cntel7ngALiE i ate rbody. Remoli1lgall vegelatrol) cIJIAllla teSllec(I10ldentl /ySpe!'lflr Sper'lcs. A slrlall fi- rgment of nlilloil a IeW hlcbcs long call survive severed rkiys out of wate and 111&51 anoticl' lake. A15o, 7chra inussels alld otherhivasive speries ('all attach to aqua& - plants, O You must drain boatlllx= related equjl unlelll holdlllg water and live wells and �' bilges by ncrnotili the drys i plug beh),re transpol /nlg the w atemrafl and Assoc ated equipment on roads; o Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while trrnsportiug watercraft on a road (marine SaJlll ,systems are excluded from this requi elllelltl. o Itis illegal to transport water from all in portable bait containers o Itisillegal to transportzebm mussels on a road A&& mussels (rut live out of water, attached to a boat up to 10 days: Talk about inspecting and cleaning the watercraft before leaving the access. As you'd .sec It is lmporlant to hispert and r l e ili your boat arul dr2irl rrater to c•olllply wilt .stale lar�:s. Close with " Tliallk you for your altclltloll alifI lielpillg pl Mlllllesot�� S lak es." If boats are being launched with plants or animals attached call the local conservation officer. Step 5: Follow Up Dispose of' collected plant fragments appropriately so they won't wash back into die lake. Aquatic plants carrot be transported away from the site but slioulcl be placed in a trash container or in a grassy or wooded area at. the access. Other Volunteer Opportunities: Speaking wide watercraft users at the public water access is only one of maniy opportunities available to lake associations interested in protecting Minnesota's waters. Some of die possible opportunities include things such as installing invasive alert signs at. lake accesses and conducting Eurasian watennilfoil cliecks on area lakes. Volunteers can also educate die public dirough the distribution ol'iuformationnal pamphlets and conducting public presentations about invasive species. The Departmennt. ol' Natural Resources is also supportive of new ideas from lake associations and is willing to work cooperatively wide volunteers to develop successful programs to protect Minnesota's waters. Minnesota invasive species laws Introduction Minnesota has several state laws intended to minimize the introduction and spread of invasive species of wild animal and aquatic plants in the state. The state designated several invasive species using a four - tiered classification system. Invasive species are classified as either prohibited, regulated, unregulated, and unlisted invasive species. The classification process establishes the level of regulation and types of allowable uses for each species. The following is a summary of the many current state regulations regarding invasive species. For complete current information on state statutes and rules regarding harmful invasive species, call the DNR Invasive Species Program at 651 - 259 -5100, or visit the invasive species statutes and rules at the Office of the Revisor of Statutes. Prohibited invasive species Certain invasive species that can threaten natural resources and their use have been designated as prohibited invasive species in Minnesota. It is unlawful (a misdemeanor) to possess, import, purchase, transport, or introduce these species except under a ep rmit for disposal, control, research, or education. The prohibited invasive species in Minnesota include the following and any hybrids, cultivars, or varieties of the species listed below: Aquatic Plants African oxygen weed (Lagarosiphon major) aquarium watermoss or giant salvinia (Salvinia molesta) Australian stone crop (Crassula helmsii) brittle naiad (Najas minor)* curly -leaf pondweed (Potamogeton crispus)* Eurasian watermilfoil (Myriophyllum spicatum)* European frog -bit (Hydrocharis morsus- ranae) flowering rush'(Butomus umbellatus)* hydrilla (Hydrilla verticillata) Indian swampweed (Hygrophila polysperma) purple loosestrife ( Lythrum salicaria, Lythrum virgatum, or any variety, hybrid, or cultivar thereof)* water aloe or water soldiers (Stratiotes aloides) water chestnut (Trapa natans) the aquatic plants listed in Code of Federal Regulations, title 7, section 360.200, are also designated as prohibited invasive species except for Chinese water spinach Qpomoea aquatica) Fish bighead carp (Hypophthalmichthys nobilis) black carp (Mylopharyngodon piceus) grass carp (Ctenopharyngodon idella) northern snakehead fish (Channa argus) round goby (Neogobius melanostomus)* rudd (Scardinius erythrophthalmus) ruffe (Gymnocephalus cernuus)* sea lamprey (Petromyzon marinus)* silver carp (Hypophthalmichthys molitrix) tubenose goby (Proterorhinus marmoratus)* white perch (Morone americana)* zander (Stizostedion lucioperca) Invertebrates New Zealand mud snail (Potamopyrgus antipodarum)* zebra mussel (Dreissena spp.)* • Mammals Asian raccoon dog (Nyctereutes procyonoides) European wild boar, European wild boar (Sus scrofa scrofa) European rabbit (Oryctolagus cuniculus) nutria (Mycocastor coypu) * These species are known to be in Minnesota waters. Regulated invasive and unlisted nonnative species Regulated and unlisted invasive species are legal to possess, sell, buy, and transport, but they may not be introduced into a free - living state, such as being released or planted in public waters. The regulated invasive species are: • Aquatic plants Brazilian waterweed (Egeria densa) Carolina fanwort or fanwort (Cabomba caroliniana) Chinese water spinach Qpomoea aquatica) nonnative waterlilies (Aymphaea spp.)* parrot's feather (Myriophyllum aquaticum) yellow iris or yellow flag (Iris pseudacoris)* • Birds Egyptian goose (Alopochen aegyptiaus) mute swan (Cygnus olor)* Sichuan pheasant (Phasianus colchicus strachi) Fish alewife{Alosa pseudoharengus)* carp, koi (Cyprinus carpio)* goldfish (Carassius auratus)* rainbow smelt (Osmerus mordax)* tilapia (Oneochromis, Sartheradon, and Tilapia spp.) • Invertebrates Chinese mystery snail, Japanese trap door snail (Cipangopaludina spp.)* rusty crayfish (Orconectes rusticus)* spiny water flea (Bythotrephes cederstroemi)* * These species are known to be in Minnesota waters. Unlisted nonnative species are those that are not prohibited, regulated or unregulated. Several steps must occur before an unlisted nonnative species may be legally released into a free - living state: an application and supporting information must be filed with the DNR by the individual proposing to release the species, a thorough evaluation by the DNR, and designation of the species into an appropriate classification. Transportation prohibitions Current state law prohibits transportation of all aquatic plants (with a few exceptions). This law will not only help prevent the spread of Eurasian watermilfoil, but it will also reduce the risk of zebra mussels being transported while attached to aquatic plants. And it will reduce the inadvertent transport of other harmful plants into or within the state. Under state law, it is unlawful to: • transport aquatic plants (see: except as allowed in statute except as allowed in statute ($50 civil penalty or misdemeanor); • transport zebra mussels and other prohibited species of animals on a public road ($250 civil penalty or misdemeanor) • place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic plants ($100 civil penalty), zebra mussels, or other prohibited invasive species attached ($500 civil penalty or misdemeanor). Regulations on transport of water As of May 28, 2011, the following regulations, apply to the transportation of water by boaters from all waters in the state (violations are misdemeanors): • a person leaving waters of the state must drain water - related equipment holding water including bait containers, live wells and bilges by removing the drain plug before transporting the watercraft and associated equipment from a water access or riparian property; and drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water - related equipment (marine sanitary systems and portable bait containers used by aquatic farms are exempt from this requirement). Regulations in infested waters Each year, the DNR designates waters that contain populations of Eurasian watermilfoil, faucet snail, New Zealand mudsnail, zebra mussel, ruffe, round goby, spiny water flea, VHS fish disease, and white perch as infested waters Fuel. Those waters will be posted at the public water accesses. The following regulations apply to activities in infested waters: • taking wild animals (fish, frogs, crayfish, etc.) from infested waters for bait or aquatic farms is prohibited except: for commercial purposes by permit in some Eurasian watermilfoil infested waters, and bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length. • all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish .harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters. equipment used for commercial fishing purposes in infested waters that are designated solely because they contain eurasian watermilfoil must be dried or frozen before it can be used in noninfested waters (misdemeanor). Regulations on transport of infested water The following regulations apply to the transportation of water from infested waters (violations are misdemeanors or civil penalties of $50 to $200): • water from infested waters may not be used to transport fish except by permit; • water from infested waters may not be transported on a public road or off riparian property on infested waters except in emergencies or under permit ($200 civil penalty or misdemeanor). Crayfish regulations The transportation of live native and invasive crayfish from one waterbody to another within the state is prohibited, except by permit issued by the DNR. Live crayfish or crayfish eggs may not be imported without a permit issued by the DNR. Live crayfish may not be sold for live bait or for use in aquariums. Live crayfish taken from a waterbody can only be used as bait in that same waterbody. Minnesota Department of Natural Resources Designation of Infested Waters May 2, 2011 DEPARTMENT OF NATURAL RESOURCES Pursuant to the provisions of Minnesota Statutes, including but not limited to section 84D.03, subdivision 1 the following described waters are designated infested waters. New infested waters were designated by a Commissioner's Order INF -10 -004 that was signed on December 15, 2010 and became effective on December 27, 2010. Commissioner's Order INF -11 -001, which makes technical changes to lake names and public waters numbers for previous designations, was signed on April 21, 2011 and became effective on May 2, 2011. The additions and modifications of previous designations are underlined and deleted text is shown with strikethrough. A lake in more than one county is listed under the county corresponding to its public waters inventory number, but the designation applies to the entire lake. Lake Superior and designated portions of rivers that flow through more than one county are listed under the heading Multiple Counties. Ponds and wetlands that are not on the public waters inventory are listed with "none" in the number column. Rivers and streams on the public waters inventory are listed without a number in the number column. Waters infested with Brazilian elodea. The following water bodies are infested with Brazilian elodea (Egeria densa). Name Hennepin County Powderhorn Lake Waters infested with brittle naiad. The following water bodies are infested with brittle naiad (Najas minor). Name Dakota County Lac Lavon Hennepin County Round Lake DNR Public Waters Inventory Number 27 -0014 DNR Public Waters Inventory Number 19 -0446 27 -0071 Waters infested with Eurasian water milfoil. The following water bodies are infested with Eurasian water milfoil (Myriophyllum spicatum) or its hybrids. Name DNR Public Waters Lake Ann Inventory Number Anoka County 10 -0044 Cenaiko Lake 02 -0654 Centerville Lake 02 -0006 Coon Lake 02 -0042 Crooked Lake 02 -0084 Lake George 02 -0091 Otter Lake 02 -0003 Peltier Lake 02 -0004 Marshan Lake 02 -0007 South Coon Lake 02 -0048 Unnamed lake (in Springbrook Nature Center) 02 -0688 Blue Earth County Lura Lake 07 -0079 Madison Lake 07 -0044 Carlton County Chub 09 -0008 Carver County Lake Ann 10 -0012 Auburn Lake 10 -0044 Bavaria Lake 10 -0019 Burandt Lake 10 -0084 Eagle Lake 10 -0121 Firemen's Lake 10 -0226 Lotus Lake 10 -0006 Lucy Lake 10 -0007 Kelzer's Pond 10 -0047 Lake Minnewashta 10 -0009 Parley Lake 10 -0042 Pierson Lake 10 -0053 Reitz Lake 10 -0361 Riley Lake 10 -0002 Schutz Lake 10 -0018 Steiger Lake 10 -0045 Stone Lake 10 -0056 Susan Lake 10 -0013 Swede Lake 10 -0095 Lake Virginia 10 -0015 Lake Waconia 10 -0059 Wasserman Lake 10 -0048 Lake Zumbra 10 -0041 K Cass County 19 -0027 Leech Lake 11 -0203 Town Line Lake 11 -0190 Washburn Lake 11 -0059 Chisago County 18 -0746 Chisago Lake 13 -0012 Ellen Lake 13 -0047 Fish Lake 1 - 0068 Green Lake - 13 -0041 North Center 13 -0032 North Lindstrom 13 -0035 South Lindstrom Lake 13 -0028 Rush Lake 13 -0069 South Center 13 -0027 Crow Wing County 19 -0027 Bay Lake 18 -0034 Kimball Lake 18 -0361 Long (Tame Fish) Lake 18 -0002 Louise Mine Pit 18 -0746 Lower Mission 18 -0243 Ossawinnamakee Lake 18 -0352 Ripple River, between Bay Lake and Tame Fish Lake 19 -0026 Ruth Lake 18 -0212 Upper Mission 18 -0242 Dakota County Crystal Lake 19 -0027 €arty Earley Lake 19 -0033 Fish Lake 19 -0057 Unnamed wetland (Heine Pond) 19 -0153 Holland Lake 19 -0065 Keller Lake 19 -0025 Lac Lavon 19 -0446 Lake Marion 19 -0026 Quarry Lake 19 -0128 Schultz Lake 19 -0075 Sunset Pond 19 -0451 Twin Lakes 19 -0028 Unnamed pond in Valley Park 19 -0348 Douglas County Oscar Lake 21 -0257 Hennepin County Arbor Lake none (located in the south 1/2 of the SW 1/4 of Section 23, Township 119N Range 22W) Arbor Lake - North none (located in the NW 1/4 of the SW 1/4 of Section 23, Township 119N, Range 22W) 3 Arbor Lake - West none (located in the SW 1/4 of Section 23, Township 119N, Range 22W; DOW # 27 -1130) Arrowhead Lake 27 -0045 Bass Lake 27 -0098 Brownie Lake 27 -0038 Bryant Lake 27 -0067 Bush Lake 27 -0047 Lake Calhoun 27 -0031 Cedar Lake 27 -0039 Christmas Lake 27 -0137 Dutch Lake 27 -0181 Eagle Lake 27 -0111 Fish Lake 27 -0118 Forest Lake 27 -0139 Galpin Lake 27 -0144 Gleason Lake 27 -0095 Lake Harriet 27 -0016 Hiawatha Lake 27 -0018 Lakeindependence 27 -0176 Lake of the Isles 27 -0040 Lakewood Cemetery 27 -0017 Libbs Lake 27 -0085 Little Long Lake 27 -0179 Long Lake 27 -0160 Medicine Lake 27 -0104 Minnehaha Creek Lake Minnetonka 27 -0133 Mitchell Lake 27 -0070 Niccum's Pond none (located in the NW 1/4 of the SW 1/4 of Section 10, Township 117N, Range 24W) Lake Nokomis 27 -0019 Parker's Lake 27 -0107 Peavy Lake 27 -0138 Powderhorn Lake 27 -0014 Lake Rebecca 27 -0192 Rice Lake 27 -0116 Round Lake 27 -0071 Lake Sarah 27 -0191 Schmidt Lake 27 -0102 Snelling Lake 27 -0001 Swan Lake none (located in the NW 1/4 of the NW 1/4 of Section 4, Township 117N, Range 23W) Tanager Lake 27 -0141 Twin 27 -0042 Unnamed wetland 27 -0900 Whaletail Lake 27 -0184 Wirth Lake 27 -0037 Wolfe Lake 27 -0664 4 Isanti County Green Lake 30 -0136 Long Lake 30 -0072 Spectacle Lake 30 -0135 Itasca County Ice Lake 31 -0372 McKinney Lake 31 -0370 North Twin Lake _ 31 -0190 Kanabec County Knife Lake 33 -0028 Kandiyohi County Lake Calhoun 34 -0062 Lake Florida 34 -0217 Green Lake 34 -0079 Norway Lake 34 -0251 Le Sueur County East Jefferson Lake 40 -0092 German Lake 40 -0063 Middle Jefferson 40 -0092 Ray's Lake 40 -0056 Meeker County Lake Manuella 47 -0050 Lake Minnie -Belle 47 -0119 Little Mud 47 -0096 Ripley Lake 47 -0134 Stella Lake 47 -0068 Lake Washington 47 -0046 Wolf Lake 47 -0016 Mille Lacs County Lake Mille Lacs 48 -0002 Morrison County Lake Alexander 49 -0079 Olmsted County George Lake 55 -0008 Pine County Cross Lake 58 -0119 Pokegama Lake 58 -0142 Sand Lake 58 -0081 Snake River, between Lake Pokegama and Cross Lake Sturgeon Lake 58 -0067 Unnamed gravel pit, none (located in S 1/2 of Section 14, Township 41, Range 21W) 5 Polk County Union Lake 60 -0217 Pope County Gilchrist Lake 61 -0072 Lake Minnewaska 61 -0130 Ramsey County 66 -0052 Bald Eagle Lake 62 -0002 Beaver Lake 62 -0016 Birch Lake 62 -0024 Lake Gervais 62 -0007 Island Lake 62 -0075 Keller Lake 62 -0010 Kohlmans Lake 62 -0006 Langton Lake 62 -0049 Loeb Lake 62 -0231 McCarron Lake 62 -0054 Lake Owasso 62 -0056 Phalen Lake 62 -0013 Pleasant Lake 62 -0046 Pond Six 62 -0271 Pond Three none (located in the SE 1/4 of the NE 1/4 of Section 4, Township 28N, Range 22W) Round Lake 62 -0012 Silver Lake 62 -0001 Snail Lake 62 -0073 Spoon Creek, between Keller and Phalen lakes Sucker Lake 62 -0028 Turtle Lake 62 -0061 Lake Vadnais 62 -0038 Lake Wabasso 62 -0082 Rice County Cedar Lake 66 -0052 Fox Lake 66 -0029 French Lake 66 -0038 Lake Mazaska 66 -0039 St. Louis County Gilbert Pit Lake 69 -1306 Horseshoe Lake 69 -0503 Scoff County Cate's Lake 70 -0018 Lower Prior Lake 70 -0026 McColl 70 -0017 McMahon Lake 70 -0050 O'Dowd Lake 70 -0095 Thole Lake 70 -0120 Unnamed wetland 70 -0153 0 Upper Prior Lake 70 -0072 Sherburne County Big Lake 71 -0082 Eagle Lake 71 -0067 Little Elk Lake 71 -0055 Mitchell Lake 71 -0081 Stearns County _ Unnamed wetland along the Clearwater River 73 -0312 Todd County Little Birch 77 -0089 Sauk Lake 77 -0150 Waseca County Clear Lake 81 -0014 Washington County Big Marine Lake 82 -0052 Bone Lake 82 -0054 Camp Galilee Lake 82 -0502 Clear Lake 82 -0163 Lake DeMontreville 82 -0101 Lake Elmo 82 -0106 Long Lake 82 -0021 Long Lake 82 -0118 Long Lake 82 -0130 Mud Lake 82 -0168 Olson Lake 82 -0103 Powers Lake 82 -0092 St. Croix River Sunset Lake 82 -0153 White Bear Lake 82 -0167 Wilmes Lake 82 -0090 Winona County Winona Lake 85 -0011 Wright County Augusta Lake 86 -0284 Beebe Lake 86 -0023 Buffalo Lake 86 -0090 Caroline .86 -0281 Cedar Lake 86 -0227 Clearwater Lake 86 -0252 Clearwater River, downstream of Clearwater Lake Deer Lake 86 -0107. East Lake Sylvia 86 -029 86 -0289 Emma Lake 86 -0188 Fish Lake 86 -0183 7 French Lake 86 -0273 Goose Lake 86 -0108 Granite Lake 86 -0217 Howard Lake 86 -0199 Indian Lake 86 -0223 Lake Mary 86 -0156 Little Mary Lake 86 -0139 Maple Lake 86 -0134 Mink Lake 86 -0088 North Twin Lake 86 -0123 Little Waverly Lake 86 -0106 Lake Pulaski 86 -0053 Pelican Lake 86 -0031 Ramsey Lake 86 -0120 Rock Lake ' 86 -0182 Round Lake 86 -0192 Sugar Lake 86 -0233 Waverly Lake 86 -0114 Weigand Lake 86 -0242 West Lake Sylvia 36 -0289 86 -0279 Multiple Counties Mississippi River, downstream of St. Anthony Falls Lake Superior 16 -0001 Tributaries to Lake Mille Lacs, from their mouth upstream to the first public road (Aitkin, Crow Wing, and Mille Lacs counties) Waters infested with faucet snail. The following water bodies are infested with faucet snail (Bithynia tentaculata). Name DNR Public Waters Cass County Inventory Number Lake Winnibigoshish 11 -0147 Leech Lake River, downstream of Mud Lake {,� (11 -0100) Hubbard County Upper Twin Lake 29 -0157 Itasca County Cut Foot Sioux Lake 31 -0857 Egg Lake 31 70817 First River Lake 31 -0818 Little Cut Foot Lake 31 -0852 Little Winnibigoshish Lake 31 -0850 Pigeon River (from the Pigeon Dam Lake's dam to Lake Winnibigoshish) Rabbits Lake 31 -0923 Ravens Flowage (includes unnamed creek from Township 146, Range 29, Section 3 to Township 146, Range 29, Section 11 and Raven Creek downstream of Raven and Rabbit lakes to Lake Winnibigoshish) 0 Raven Lake 31 -0925 Sugar Lake 31 -0926 Third River (downstream of Highway 33) Third River Flowage (part of Lake Winnibigoshish) Wadena County Lower Twin Lake 80 -0030 Multiple Counties Crow Wing River, from Highway 109 in Hubbard County downstream to the confluence with the Mississippi River (Cass, Hubbard, Morrison, Todd, and Wadena counties) Mississippi River, from the Knutson Dam downstream to Lake Winnibigoshish, and between Lake Winnibigoshish and the confluence of the main channel of the Mississippi River and White Oak Lake branch of the Mississippi River in the SE1 /4 of the NW1 14 of Section 13 Township 144N Range 25W (Beltrami, Cass Itasca Counties) Shell River (Hubbard and Wadena counties) Waters infested with flowering rush. The following water bodies are infested with flowering rush (Butomus umbellatus). Name DNR Public Waters Aitkiri County Inventory Number Big Sandy Lake 1 -0062 Anoka County Unnamed wetland in the NE 412 114 of the NE 114 of Section 33, Township 31 N, Range 22W none Becker County Buck Lake 3 -8377 3 -0473 Detroit Lake 3 -0381 Curfman Lake (Deadshot Bay) 3 -0363 Melissa Lake 3 -0475 Mill Lake ' 3 0473 3 -0377 Muskrat Lake 3 -0360 Pelican River, from Detroit Lake to Muskrat Lake Sallie Lake 3 -0359 Dakota County Unnamed lake 19 -0064 Hennepin County Minnehaha Creek Minnetonka 27 -0133 i] Itasca County Hart Lake 31 -0020 Holman Lake 31 -0227 North Twin Lake 31 -0190 South Twin Lake 31 -0191 LeSuer County Tetonka Lake 40 -0031 Upper Sakatah 40 -0002 Rice County Cannon Lake 66 -0008 Wells Lake 66 -0010 Todd County Sauk Lake 77 -0150 Sauk River, from Juergens Lake to Sauk Lake Washington County Forest Lake 82 -0159 Multiple Counties Cannon River, downstream of Lower Sakatah Lake to the confluence with the Straight River Waters infested with New Zealand mudsnail. The following water bodies are infested with New Zealand mudsnail (Potamopyrgus antipodarum). Name DNR Public Waters Inventory Number Multiple Counties . St. Louis River, downstream of the Fond du Lac dam Lake Superior # 16 -0001 Waters infested with round goby. The following water bodies are infested with round goby (Neogobius melanostomus). Name DNR Public Waters Inventory Number Multiple Counties St. Louis River, downstream of the Fond du Lac dam Lake Superior 16 -0001 Tributaries to Lake Superior, either the entire length of the tributary or on tributaries that have been posted upstream to the posted boundaries. 10 Waters infested with ruffe. The following water bodies are infested with ruffe (Gymnocepha/us cernuus). Name DNR Public Waters Inventory Number Multiple Counties St. Louis River, downstream of the Fond du Lac dam Lake Superior 16 -0001 Tributaries to Lake Superior, either the entire length of the tributary or on tributaries that have been posted upstream to the posted boundaries. Waters infested with spiny water flea. The following water bodies are infested with spiny water flea (Bythotrephes cederstroemi). Name DNR Public Waters Inventory Number Cook County Caribou Lake 16 -0141 (in the Boundary Waters Canoe Area, just west of Pine Lake) Devil Track Lake 16 -0143 Flour Lake 16 -0147 Greenwood Lake 16 -0077 Gunflint Lake 16 -0356 Little John Lake 16 -0026 McFarland Lake 16 -0027 North Fowl 16 -0036 Pine Lake 16 -0041 Pigeon River, downstream of South Fowl Lake Royal Lake (on the Royal River) 16 -0025 Royal River, between Little John & North Fowl Lakes Lake Saganaga 16 -0633 South Fowl Lake 16 -0034 Lake of the Woods County Baudette River, from Highway 11 downstream to the Rainy River Hooper Creek, downstream of State Highway 172 Johnson Creek, from the Rainy River upstream to the first road crossing Lake of the Woods, including the portions of Zipple Bay to Zipple Creek 39 -0002 in Sections 9 and 10, Township 162 North, Range 33 West, and to Bostic Creek at County Highway 8 Miller Creek, downstream of State Highway 172 Rapid River, downstream of Highway 11 to Clementson Bay of the Rainy River Sensky Creek, downstream of State Highway 172 Silver Creek, downstream of Highway 11 Wabonica Creek, downstream of State Highway 172 Winter Road River, downstream of State Highway 172 11 Koochiching County Big Fork River, from the public water access on Highway 11 downstream to the Rainy River Black River, the south branch downstream of Highway 11 and the west branch downstream of Highway 147 Little Fork River, from 100 feet upstream of Highway 11 downstream to the Rainy River Mille Lacs County Lake Mille Lacs St. Louis County Ash River, downstream of the northern section line of Section 8, Township 68 North, Range 19 West Burntside Lake Burntside River, between Burntside Lake and Shagawa Lake Crane Lake Dead River East Twin Lake Fish Lake Island Lake Kabetogama Lake Lac La Croix Little Vermilion Lake Loon Lake Namakan Lake Rainy Lake Sand Point Lake West Twin Lake Multiple Counties Lake Superior Cloquet River, from Island Lake to the St. Louis River Rainy River, from Rainy Lake to Lake of the Woods, including Baudette Bay /River up to County Highway 35 and Clementson Bay up to the rapids St. Louis River, downstream of the Cloquet River Tributaries to Lake Mille Lacs, from their mouth upstream to the first public road (Aitkin, Crow Wing, and Mille Lacs counties) Warroad River, from State Highway 11 downstream to Lake of the Woods 48 -0002 69 -0118 69 -0616 69 -0174 69 -0491 69 -0372 69 -0845 69 -0224 69 -0608 69 -0470 69 -0693 69 -0694 69 -0617 69 -0167 16 -0001 Waters infested with Viral Hemorrhagic Septicemia. The following water bodies are infested with Viral Hemorrhagic Septicemia. Name Multiple Counties DNR Public Waters Inventory Number Lake Superior 16 -0001 St. Louis River, downstream of the Fond du Lac dam Tributaries to Lake Superior, either the entire length of the tributary or on tributaries that have been posted upstream to the posted boundaries. 12 Waters infested with white perch. The following water bodies are infested with white perch (Morone americana). Name DNR Public Waters Inventory Number Multiple Counties St. Louis River, downstream of the Fond du Lac dam Lake Superior 16 -0001 Tributaries to Lake Superior, either the entire length of the tributary or on tributaries that have been posted upstream to the posted boundaries. Waters infested with zebra mussels. The following water bodies are infested with zebra mussel (Dreissena spp.). Name Benton County Little Rock Channel Little Rock Lake Cass County Bass Lake Green's Lake Gull Lake Gull River Margaret Lake Spider Lake Upper Gull Lake DNR Public Waters Inventory Number 05 -0012 05 -0013 11 -0220 11 -0786 110305 11 -0222 11 -0221 11 -0218 Crow Wing County Black Bear Lake 18 -0140 Boom Lake 18 -0529 Half -Moon Lake 18 -0238 Little Rabbit Lake 18 -0139 Love Lake 18 -0388 Miller Lake 18 -0133 Nisswa Lake 18 -0399 Ossawinnamakee Lake 18 -0352 Pelican Brook, from the source at Ossawinnamakee Lake to the Pine River Pickerel Lake 18 -0232 Pine River, from the mouth of Pelican Brook to the Mississippi River Rice Lake 18 -0145 Round Lake 18 -0373 Roy Lake 18 -0398 Bishop Creek, between Round and Gull lakes (located in Section 35 Township 135N Range 29M Unnamed wetland 18 -0235 Unnamed wetland (located in the NE 1/4 of the SW 1/4 of Section 3, Township 135N none Range 27" 13 Unnamed wetland none (located in the NE 1/4 of the SE 1/4 of Section 2, Township 46N, Range 30W) Unnamed wetland none (located in the NE 1/4 of the SW 1/4 of Section 2, Township 46N, Range 30W) Unnamed wetland none (located in the NE 1/4 of the NE 1/4 of Section 33, Township 135N, Range 27W) Unnamed wetland none (located in the NW 1/4 of the NE 1/4 of Section 33 of Township 46N, Range 30W) Dakota County Lake Rebecca 19 -0300 Douglas County 27 -0041 Lake Alvin 21 -0093 Lake Carlos 21 -0057 Lake Darling 21 -0080 Lake Geneva 21 -0052 Lake Jessie 21 -0055 Lake Le Homme Dieu 21 -0056 Long Prairie River 27 -0019 Lake Victoria 21 -0054 Hennepin County Edina Mill Pond 27 -0041 Gray's Bay Outlet (wetland) 27 -0761 Lake Hiawatha 27 -0018 Meadowbrook Lake 27 -0054 Minnehaha Creek Lake Minnetonka 27 -0133 Minnehaha Marsh 27 -0084 Lake Nokomis 27 -0019 Unnamed wetland in the NE 1/4 of Section 20, Township 117N, Range 21W 27 -0662 Unnamed wetland in the SW 1/4 of Section 20, Township 117N, Range 21W 27 -0663 Unnamed pond in the NW 1/4 of Section 14, Township 117, Range 22 27 -0721 Unnamed wetland NW 1/4 of Section 18, Township 117N, Range 21W 27 -0715 Unnamed wetland in the E 1/2 of Section 13, Township 117N, Range 22W 27 -0716 Unnamed wetland in the SE 1/4 of Section 11 and NE 1/4 of Section 14, 27 -0720 Township 117N, Range 22W Unnamed wetland in the NW 114 of Section 19, Township 117N, Range 21W 27 -0779 Mille Lacs County Lake Mille Lacs 48 -0002 Ogechie Lake 48 -0014 Onamia Lake 48 -0009 Shakopee Lake 48 -0012 Olmsted County Lake Zumbro 55 -0004 14 Otter Tail County 62 -0062 Bass Lake 56 -0770 Crystal Lake 56 -0749 Fish Lake 56 -0768 Little Pelican Lake 56 -0761 Lake Lizzie 56 -0760 Pelican Lake 56 -0786 Pelican River, from Fish Lake downstream to Prairie Lake Prairie Lake 56 -0915 Ramsey County O#adie Charley Lake 62 -0062 Pleasant Lake 62 -0046 Sucker Lake 62 -0028 Lake Vadnais 62 -0038 St. Louis County Pike Lake 69 -0490 Mud Lake 69 -0512 White Pine River Scott County Lower Prior Lake 70 -0026 Upper Prior Lake 70 -0072 Washington County St. Croix River, downstream of the St. Croix Boomsite Recreation Area, at river mile 25.4 Wright County Fish Lake 86 -0183 Multiple Counties Crow Wing River, downstream of the confluence with the Long Prairie River to the Mississippi River (Cass and Morrison counties) Long Prairie River (Cass, Douglas, and Todd counties) Mississippi River, from the mouth of the Pine River in Crow Wing County to the Minnesota — Iowa border Rum River St. Louis River, downstream of the mouth of the White Pine River Lake Superior 16 -0001 Tributaries to Lake Mille Lacs, from their mouth upstream to the first public road (Aitkin, Crow Wing, and Mille Lacs counties) Zumbro River, downstream of Lake Zumbro 15 Spread of Eurasian watermilfoil and problems caused by the plant . What is Eurasian watermilfoil and where is it native? Eurasian watermilfoil is a non - native, invasive submersed aquatic plant that is native to Europe and Asia. It was discovered i the eastern US some before 1950. In Minnesota, it was first recorded in Lake Minnetonka in 1987. How does Eurasian watermilfoil spread? Milfoil is believed to spread from one body of water to another primarily by the unintentional transfer of plant fragments, primarily on trailered boats. What can be done to prevent the spread of Eurasian watermilfoil? The most important action that you can take to limit the spread of milfoil and other aquatic invsive plants is to remove all vegetation from your watercraft before you move it from one body of water to another. If you think that you have found a new infestation of Eurasian watermilfoil, please contact the DNR (651 -259- 5149 in the Twin Cities or toll free 1- 888- 646 -6367 in greater Minnesota). It is very helpful to send a sample of the suspected milfoil plants to the DNR for identification. Put suspected milfoil in a zip -loc bag and mail it to: Eurasian Watermilfoil Program Minnesota Department of Natural Resources Division of Ecological Services, Box 25 500 Lafayette Rd, St. Paul MN 55155 -4025 Why is Eurasian watermilfoil a problem? Milfoil can interfere with recreational and other uses of lakes and rivers by producing dense mats at the water's surface. These mats are similar to, but can be more extensive than, those produced by native vegetation. Matted milfoil can displace native aquatic . plants and alter environmental conditions, which in turn may harm fish and wildlife. Where is Eurasian watermilfoil a problem? In Minnesota, milfoil has caused problems in lakes by producing extensive mats where water depths are less than 15 feet, water clarity is high (mid- summer Secchi disk readings of six feet or more), and the fertility of the bottom ranges from moderate to high. Milfoil has not caused extensive problems in every body of water where it is established. Milfoil generally does not produce mats at the surface in water more than 15 feet deep. In lakes with low water clarity (mid- summer Secchi disk readings less than six feet), milfoil has not produced mats in water more than six feet deep, if at all. In areas of lakes where the fertility of the bottom is low, for example in sandy areas, the growth of milfoil and aquatic plants in general tends to be low. When is Eurasian watermilfoil a problem? Milfoil may cause problems in a lake one year, but not the next. This appears to be mainly due to the weather, which can cause variations from year to year in environmental conditions in lakes, especially clarity, temperature, and depth of water. These in turn can cause large variations in the abundance of aquatic plants, including milfoil. What can be done about problems caused by Eurasian watermilfoil? Problems caused by milfoil can be managed by treatment with herbicides or mechanical removal of plants (see fact sheet entitled "How to control Eurasian watermilfoil "). On lakes wher&maued milfoil causes unavoidable problems in public -use areas, the Minnesota Department of Natural Resources (MnDNR) offers limited finding for control by lake associations or local units of government. Funding is available only to organizations on lakes that have public water access. To obtain technical assistance in control of milfoil, please contact Eurasian Waterinilfoil Program, Division of Ecological Services at 651- 259 -5100 or 888 - 646 -6367. Prepared by the Eurasian Watermitfoil Program, Division of Ecological Services. Minnesota Department of Natural Resources Copyright State of Minnesota — 2007 A(CHIP DIX Invas Fact Sheetslewm fact sheet 2007 Cntri Prblm. doc How to control Eurasian watermilfoil Past experience in Minnesota and elsewhere has shown that eradication or elimination of Eurasian watermilfoil, hereafter called milfoil, from lakes is not a realistic goal. Nevertheless, problems caused by milfoil can be managed by controlling the plant. Mechanical control of milfoil Mechanical control means to cut or pull milfoil; this may be done by hand or with equipment such as rakes or cutting blades. An owner of Lakeshore property may cut or pull submerged aquatic plants, including milfoil, in an area of 2,500 square feet or less, as long as the area will extend along no more than 50 feet of shoreline or one -half of your frontage, whichever is less, without obtaining a permit from the Minnesota Department of Natural Resources (DNR). This area may include a channel 15 feet wide to open water. All plants that are mechanically controlled must be removed from the lake. Any other control of milfoil or other aquatic plants requires a permit from the DNR. Another method of mechanical control in small areas is the use of an Automated Untended Aquatic Plant Control Devices ( AUAPCD), such as the Crary WeedRoller. Use of these devices requires a pen from the DNR. In large areas, mechanical control usually involves the use of floating, motorized harvesting machines that cut plants and remove them from the water for subsequent disposal on land. Mechanical control with motorized harvesters or AUAPCD should only be done in lakes where the exotic has spread throughout the lake because these methods can create fragments that increase spread of milfoil within a lake. Use of herbicides to control milfoil There are a small number of herbicides that are approved for control of milfoil and other aquatic plants in Minnesota lakes. Any application of herbicide to public waters in Minnesota requires a permit from the Division of Fisheries, DNR. Systemic herbicides and milfoil Systemic herbicides are taken up by plants and can move within the plant, e.g., from leaves to roots. There are two systemic herbicides used for control of milfoil in Minnesota: 2,4 -D and triclopyr. Both herbicides can kill leaves, stems, and roots, which can result in control that lasts a whole season or possibly longer. Triclopyr and 2,4 -D are most effective when applied to actively growing milfoil, which usually means treatments in spring and early summer before July. Triclopyr Eurasian Watermilfoil (Myriophyllum spicatum) and 2,4 -D provide selective control because they reduce milfoil and a few native species, but do not hann most native submersed aquatic plants. Contact herbicides and milfoil Contact herbicides damage or kill only parts of plants with which they come into contact; they are not taken up by plants or moved within the plant. There are two contact herbicides used in Minnesota: endothall and diquat. Control of plants with contact herbicides may be short-lived because roots are not killed, so the plants grow back. Repeated treatments within a season may be necessary. It is not necessary that milfoil be actively growing in order to be controlled with contact herbicides, so they are effective whenever they are applied. Contact herbicides are generally considered to be non - selective, though some selectivity may be achieved by making treatments when certain species are not growing, for example, during early spring. Limits on the amount of control of milfoil The DNR limits the amount of control of milfoil to protect lakes, not to protect milfoil. Unlimited control of milfoil can cause excessive loss of associated native plants, problematic reductions in habitat for fish and wildlife, and decreases in water quality. Also, removal of native vegetation can create an opportunity for invasion by milfoil. Permits and technical assistance To apply for permits or to obtain technical assistance in control of aquatic plants, please contact the nearest Area Office of the Division of Fisheries or call the DNR at 888- 646 -6367. To obtain technical assistance in control of milfoil, please contact Eurasian Watermilfoil Program, Division of Ecological Services at 651- 259 -5149 or 888 - 646 -6367. Mention of a particular product in this fact sheet does not constitute endorsement by the MnDNR. Prepared by the Eurasian Watermilfoil Program, Division of Ecological Services, Minnesota Department of Natural Resources Copyright State of Minnesota — 2007 D:ICHIP DIX Invas Fact Sheeislewm fact sheet 2007 Cntrl Prb/m.doc 2011 CONSERVATION OFFICER PHONE DIRECTORY July 26, 2011 DNR Information Center: 1- 888 -646 -6367 or Local # 651- 296 -6157 STATE PATROL DISPATCH RADIO TELEPHONE NUMBERS Brainerd (218) 828 -2400 Marshall (507) 537 -6277 Detroit Lakes (218) 847 -1550 Rochester (507) 285 -7410 Duluth (218) 723 -4885 St. Cloud (320) 255 -4224 Metro East (651) 582 -1509 Thief River Falls (218) 681 -0942 Metro West (651) 582 -1511 Virginia (218) 748 -2426 Mankato (507) 344 -2750 LT Tom Buker 507- 359 -1065 Law Enforcement Division Director: K015- COL— Jim Konrad — St. Paul - 651- 355 -0164 Operations Manager: K017 -MAJ Rodmen Smith — St. Paul — 651 -259 -5054 Operations Support Mgr.: K018- MAJ Roger Tietz — Camp Ripley — 320 - 616 -2501, Ext.2516 Administrative Manager: CAPT John Hunt — St. Paul — 651 - 259 -5040 Ed. Program Director: K040- CAPT Mike Hammer - Camp Ripley — 320- 616 -2501, Ext. 2504 Assistant Training Coord.: K025 - 2LT Dave Rodahl — Camp Ripley — 320 -616 -2501, Ext. 2515 Assistant Training Coord.: K027 — Joyce Kuske — Camp Ripley — 320 - 616 -2509 Rec. Vehicle Coord.: K047- Contact CAPT Hammer - Camp Ripley — 320 - 616 -2501, Ext. 2504 Chief Pilot: K030 -CAPT Mike Trenholm — Little Falls — 320 - 616 -2501, Ext. 2513 WEO Officer: Manager: Vacant Pilots: K034 Region 1, Districts 1,2, and 4 LT Don Murray 218- 327 -6088 K031 Region 2, Districts 5,6,7 and 8 LT Al Buchert 218- 326 -9465 K032 Region 1, District 3 LT Tom Pfingsten 218- 828 -8149 Region 2, Districts 9 & 10 Region 3, Districts 11, 12, & 14 K033 Region 3, District 13 LT Tom Buker 507- 359 -1065 Region 4, Districts 15, 16, 17 & 18 Regional Training Officers (RTOs) K041 NW RTO (Temp) Jim Hatlevig 218- 758 -2459 K042 NE RTO LT Shelly Patten 218- 244 -8051 K043 W Central RTO LT Frank Rezac 320- 230 -8549 K044 Southern RTO LT Jeff Fleming 507- 765 -2724 K045 Metro NE RTO Bruce Lawrence 651- 674 -2705 K046 Metro SW RTO LT Ross Opsahl 651 -686 -7998 K047 Recreational Vehicle Coord. LT Leland Owens 763 -753 -1887 Cirriculum Coordinator. Vacant Education Specialist Jim Hatlevig 218 -758 -2459 Wetland Enforcement Officers (WEOs) K051 Region 1 LT Traci Hanson (DistI & 2) 218- 342 -3719 K052 Region 3 Vacant (Dist. 11 & 12) Larry Milbridge K053 Region 2 LT Tony Arhart (Dist. 5 & 7) 218- 659 -4004 K054 Region 4 LT Larry Hanson (Dist. 15,16 & 17) 507 -537 -0651 K055 Region 3 LT Jason Jensen (Dist. 13, 14, & 18) 651- 408 -1059 K056 Region 2 LT Mike Scott (Dist. 6 & 8) 218- 729 -9675 K057 Region 2 LT Jim Tischler (Dist. 9 & 10) — 218- 828 -5018 K058 Region 1 LT Shane Siltala (Dist. 3 & 4) 218-837-5928 K059 Region 4 Vacant- Blackduck #2 NORTHWEST REGION (Region 1) Regional Manager: CAPT James Dunn — K100 — 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 - 218 -308 -2635 District 1 K110 Supervisor: LT Pat Znajda 218 - 478 -3620 K i l l Roseau Ben Huener 218- 463 -0200 Roseau K112 Karlstad Vacant Kittson /Marshall Kl 13 Warroad #1 Larry Milbridge 218- 386 -3973 Roseau /LOW KI 14 Warroad #2 Vacant Roseau /LOW K115 Baudette #I Jeff Birchem 218- 783 -2521 LOW Kl 16 Thief River Falls #I Jeremy Woinarowicz 218 -745 -6090 Marshall/Pennington K 117 Thief River Falls #2 Angela Warren 218 -523 -6128 Marshall/Pennington K118 Blackduck #1 Keith Backer 218 -586 -3524 Beltrami K119 Blackduck #2 Vacant Beltrami K121 Baudette #2 Robert Gorecki 218- 634 -1424 LOW District 2 K130 Supervisor: LT Brian Kuphal 218 - 238 -5312 K131 Crookston Stuart Bensen 218- 687 -3646 Polk/Norman K 132 Fosston Daniel Malinowski 218- 668 -2405 Polk K133 Bagley Tim Gray 218- 776 -2035 Clearwater K134 Bemidji Brice Vollbrecht 218- 243 -2572 Beltrami K135 Perham Chris Vinton 218- 334 -3464 Otter Tail K136 Moorhead Phil Seefeldt 218- 493 -4280 Clay/Norman K137 Detroit Lakes Joe Stattelman 218- 847 -9038 Becker K138 Osage Alan Peterson 218- 564 -5641 Becker K139 Pelican Rapids Gary Forsberg 218- 937 -5445 Otter Tail K141 Bemidji #2 Stacey Sharp 218- 444 -3088 Beltrami District 3 K150 K152 K153 K154 K155 K156 K157 K158 K159 K161 District 4 K170 K171 K172 K173 K174 K175 K176 K177 K178 K181 Supervisor: Fergus Falls Henning Elbow Lake Evansville Alexandria Osakis Wheaton Morris Glenwood Supervisor: Lake George Park Rapids Wadena Walker Cass Lake Remer Longvi lle Staples ATV Rec. Officer LT Mike Shelden Troy Richards Tricia Plautz Paul Nelson Shane Osborne John Paurus Jeff Johanson Daniel Baumbarger Tony Anderson Kurt Nelson LT Shane Kirlin Paul Parthun Samantha Hunter Greg Oldakowski Gary Sommers Mark Mathy Larry Francis Duke Broughten Jeff Halverson Colleen Adam 218 - 739 -7576 218- 826 -6391 218- 924 -4322 218 -589 -7298 218- 747 -2552 218- 360 -0167 320 -859 -5569 320- 748 -7101 320 - 589 -0914 320- 346 -4208 218 - 237 -2373 218-854-7281 218- 255 -4553 218- 631 -5972 218 -547 -4501 218- 333 -3561 218 -566 -4833 218 -566 -3062 218- 894 -3577 218 -252 -1998 Otter Tail Otter Tail Grant Douglas Douglas Todd/Douglas Traverse Stevens Pope Hub /Clear Hubbard Wadena Cass /Hubbard Cass /Beltram i /Itasca Cass Cass Cass/Todd /Morrison NORTHEAST REGION (Region 2) Supervisor: LT Jeffrey Koehn Regional Manager: CAPT Ken Soring — K200 — 1201 E. Hwy 2, Grand Rapids, MN 55744 — 218- 999 -7809 Ely #1 John Velsvaag 218- 365 -0821 District 5 K232 Ely #2 Marty Stage 218- 365 -4070 K210 Supervisor: LT Greg Payton 218- 744 -7446 Ext. 2227 K21 1 International Falls 41 Darrin Kittelson 218- 285 -9501 Koochiching K212 International Falls 42 _Vacant Babbitt Koochiching K213 Ray Vacant St Louis / Koochiching K214 Orr Troy Fondie 218- 757 -3459 St Louis/Koochiching K215 Cook Bradley J. Schultz 218- 666 -6166 St Louis /Kooch /Itaca K216 Tower Dan Starr 218- 741 =5868 St. Louis K217 Hibbing Don Bozovsky 218- 263 -3603 St. Louis K218 Virginia Matthew Frericks 218- 749 -1452 St. Louis K219 Aurora Mark Fredin 218- 638 -2600 St. Louis Distict 6 K230 Supervisor: LT Jeffrey Koehn 218 - 834 -1406 K231 Ely #1 John Velsvaag 218- 365 -0821 St Louis /Lake K232 Ely #2 Marty Stage 218- 365 -4070 St Louis /Lake . K233 Grand Marais #1 Darin Fagerman 218- 387 -9751 Cook K234 Grand Marais #2 Mary Manning 218- 475 -0121 Cook K235 Babbitt Vacant Lake /St Louis K236 K237 K238 District 7 K250 K251 K252 K253 K254 K255 K256 K257 K258 District 8 K260 K261 K262 K263 K264 K265 K266 K267 K268 District 9 K270 K271 K272 K273 K274 K275 K276 K277 K278 K279 Silver Bay Grand Marais #3 Two Harbors Supervisor: Northome Bigfork Deer River Grand Rapids #1 Grand Rapids #2 Pengilly Hill City ATV Rec. Officer Supervisor: Brookston Duluth (W) Duluth (E) Cloquet Carlton Lake Superior Unit Lake Superior Unit Lake Superior Unit Supervisor: Pine River Cross Lake Nisswa Crosby Cuyuna SRA Aitkin McGregor Pequot Lakes Brainerd Vacant Thomas Wahistrom Daniel Thomasen LT David Olsen Randy Patten Vacant Mike Fairbanks Sarah Sindelir Thomas Sutherland Gary Lefebvre Vacant Brent Speldrich 1LT Todd Manley Andy Schmidt Randy Hanza) Kipp Duncan Jeffrey Humphrey Scott Staples Keith Olson 218- 663 -7183 218- 834 -9213 218 - 327 -4117 218- 244 -8057 218- 999 -7091 218 -327 -3505 218 -326 -6686 218 -247 -0166 218- 768 -2258 218- 206 -0233 218- 624 -5703 218- 729 -4995 218-729-4600 218- 273 -4087 218- 879 -9434 218 -525 -6024 Matthew Miller 218- 834 -4653 Troy Ter Meer 218- 729 -6579 LT Tom Provost Nikki Shoutz Cary Shoutz Jim Guida Karl Hadrits Tim Collette Robert Mlynar Vacant Vacant Randy Posner 218 - 828 -2785 218- 692 -3456 218- 692 -5017 218- 825 -3828 218- 829 -2948 218- 232 -1775 218 -768 -3274 218- 575 -2289 Lake Cook Lake /St Louis Koochiching Kooch /Itasca Itasca/Cass Itasca Itasca Itasca Aitkin St. Louis St. Louis (W) St. Louis (E) Carlton /St Lou Carlton St: Louis /Lake/ Cook/Carlton St. Louis /Lake Cook/Carlton St. Louis /Lake Cook/Carlson Crow W ing/Cass Crow Wing /Cass Crow Wing/Cass Crow Wing Crow Wing Aitkin Aitkin Crow Wing Crow Wing /Cass District 10 K290 Supervisor: K291 Garrison K292 Isle K293 Malmo K294 Willow River K295 Onamia K296 Hinckley K297 Pine City K298 Wealthwood LT Chad Sherack 218- 692 -4239 Greg Verkuilen 320 - 692 -5777 Crow Wing /Aitkin Mike Lee 320 -676 -1847 Mille Lacs /Aitkin Scott Fitzgerald 218- 927 -3159 Mille Lacs /Aitkin D.ustie Heaton 218- 485 -4851 Pine Dan Perron 320 -495 -3961 Mille Lacs Bret Grundmeier 320 - 384 -7382 Pine Eugene Wynn 320 - 629 -7491 Pine Luke Croatt 218- 927 -6453 Aitkin CENTRAL REGION (Region 3) K330 Regional Manager: CAPT Greg Salo — K300 -1200 Warner Rd., St. Paul, MN 55106 763- 784 -2610 320- 679 -8371 K331 Sauk Rapids Tony Musatov District 11 K332 Princeton Dave Schottenbauer 320 - 983 -5618 K310 Supervisor: LT Tim Knellwolf 320 - 259 -7697 K334 K311 Little Falls Robert Haberman 320 -584 -8197 Morrison K312 Pierz Paul Kuske 320 - 745 -2023 Crow Wing /Morrison K313 Sauk Centre Keith Bertram 320- 256 -2556 Stearns K314 Paynesville Todd VanderWeyst 320 - 243 -3971 Stearns K315 Albany Chad Thesing 320- 845 -7301 Stearns K316 St. Cloud Mike Martin 320 7217 -5830 Stearns K317 Annandale Brian Mies 320 - 398 -8000 Wright/Stearns K318 Long Prairie Rhonda Friese 320 - 285 -2949 Todd District 12 K330 Supervisor: LT Julie Olson 320- 679 -8371 K331 Sauk Rapids Tony Musatov 320 - 203 -7702 K332 Princeton Dave Schottenbauer 320 - 983 -5618 K333 Big Lake Mitch Sladek 763 - 497 -5880 K334 Buffalo Rick Reller 320 - 274 -2733 K335 Center City Todd Langevin 651 -277 -9413 K336 Mora Brandon McGaw 320 - 679 -1514 K337 Cambridge Brian Dobbick 763 -444 -0170 Stearns Benton /Isanti Sherburne /Mille Lacs Sherburne Wright Chisago Kanabec Chisago /Isanti District 13 K350 Supervisor: LT Todd Kanieski 763 -576 -8876 K351 Wacoma Steve Walter 952- 466 -2296 Carver K352 Osseo Vacant - Hennepin K353 Mound Jackie Glaser 952- 442 -6423 Hennepin /Carver K354 Minnetonka Aaron Kahre 952- 944 -1095 Hennepin K355 Bloomington Thor Nelson 952- 233 -3587 Hennepin K356 Fort Snelling Kevin Neitzke 612- 725 -2389 Hennepin K357 Prior Lake Adam Block 952 -873 -6241 Scott K358 Elcop Vang Lee 651 -776 -3510 Metro K359 Elcop Thephong Le 651- 487 -3921 Metro. District 14 K370 Supervisor: LT Jason Peterson 651- 460 -8141 K371 Ham Lake Travis Muyres 763 -571 -2797 Anoka K373 White Bear Lake Lisa Kruse 651- 430 -1189 Ramsey /Anoka K374 Forest Lake Alex Gutierrez 651- 464 -7773 Washington K375 Maplewood Brad Johnson 651- 646 -8200 Ramsey /Washington K376 Eagan Tony Salzer 651- 773 -5514 Dakota K377 Hastings Pat McGowan 651- 493 -8268 Dakota /Washington K378 Metro Officer Vacant 507- 452 -1945 Winona K379 Elcop Vuthy Pril 952- 233 -3002 Metro District 18 K390 Supervisor: LT Dean Olson 507- 252 -0163 K391 Redwing Tyler Quandt 651- 388 -4764 Goodhue K392 Zumbrota Kevin Prodzinski 507- 732 -4170 Goodhue K393 Wabasha Scott Moran 651 -565 -4525 Wabasha K394 Plainview Joel Heyn 507 -876 -1115 Wabasha /Winona K395 Rochester #I Philip George 507- 775 -2006 Olmsted K396 Rochester #2 Dan McBroom 507- 292 -7793 Olmsted K397 Winona Thomas Hemker 507- 452 -1945 Winona K398 Rushford Mitch Boyum 507- 932 -4947 Fillmore /Houston Winona K399 LaCrescent Scott Fritz 507- 895 -4263 Houston /Winona SOUTH REGION (Region 4) Supervisor: LT Cory Palmer Regional Manager: CAPT Phil Meier — K400 — 261 So Hwy 15, New Ulm, MN 56073 507- 359 -6040 320 - 366 -3952 K432 Willmar #2 District 15 320 - 276 -8284 K433 Litchfield K410 Supervisor: LT Joel Mikle 507- 372 -5806 Hutchinson #1 K41 1 Ortonville Craig Miska 320- 839 -4230 Big Stone K412 Benson Neil Henriksen 320 - 843 -2841 Swift K413 Madison Vacant - Lac Qui Parle K414 Montevideo Edward Picht 320- 269 -6230 Chippewa K415 Marshall #1 Matt Loftness 507- 629 -3565 Lyon K416 Marshall #2 Doug Lage 507 -532 -6557 Lincoln K417 Redwood Falls Vacant - Redwood K418 Slayton Jim Robinson 507- 836 -8739 Murray K419 Worthington Gary Nordseth 507- 945 -8101 Nobles/Rock District 16 K430 Supervisor: LT Cory Palmer 320 -593 -1250 K431 Willmar #1 Jim Steffen 320 - 366 -3952 K432 Willmar #2 Jeff Denz 320 - 276 -8284 K433 Litchfield Wayne Hatlestad 320 -587 -8273 K434 Hutchinson #1 Angela Graham 320- 455 -0367 K435 Hutchinson #2 Brett Oberg 320 - 234 -3741 K436 New Ulm Greg Abraham 507- 947 -3597 K437 Windom Vacant 507 -583 -6001 K438 Jackson Mike Gruhlke 507- 847 -4394 K439 Fairmont Eric Schettler 507- 764 -4970 District 17 K450 Supervisor: LT Joe Frear 507- 835 -5516 K451 St. Peter Chris Howe 507 - 385 -1686 K452 Waseca Brent Ihnen 507- 201 -2449 K453 Faribault Julie Siems 507- 789 -6361 K454 Mankato #I Robert Geving 507- 388 -5075 K455 Mankato #2 Corey W iebusch 507 - 931 -5344 K456 Owatonna Vacant K457 Albert Lea Tom Hutchins 507 -583 -6001 K458 Spring Valley Vacant Kandiyohi Kandiyohi Meeker McLeod McLeod Brown/Nicollet Cottonwood Jackson Martin LeSueur/Nicollet Waseca/LeSueur Rice Blue Earth /Watonwan Blue Earth / Faribault Steele /Dodge Freeborn/Mower Fillmore/Mower DNR Division of Park and Trails -June 2, 2011 David Schotzko 218- 308 -2367 NR Area Supervisor 2115 Birchmont Beach Rd NE Bemdji MN 56601 Lance Crandall NR Supervisor 36750 Main Park Drive Park Rapids, MN 56470 Mark Kovacovich NR Supervisor 1568 Hwy 2 Two Harbors MN 55616 Richard Dunkley NR Supervior 701 S Kenwood Moose Lake MN 55767 218- 699 -7296 218- 834 -1428 218- 485 -5410 John Voges NR Supervisor 650 Hwy 169 Tower MN 55790 Joseph Alberio NR Area Supervior 701 S Kenwood Moose Lake MN 55767 218 - 753 -2580 Extension 239 218 -485 -5410 Joel Wagar 507- 206 -2848 Aaron Wunrow 507- 206 -2841 NR Area Supervisor NR Supervisor 2300 Silver Creek Rd NE 2300 Silver Creek Rd NE Rochester MN 55906 Rochester MN 55906 Scott Schroeder 320 -255 -2971 Rachel Hintzman 651- 259 -5875 NR Supervisor NR Area Supervisor 940 Industrial Drive S 7050 Hwy 101, Suite 100 Sauk Rapids, MN 56379 Shakopee MN 55379 Gregg, Soupir 320- 796 -6281 Philip Nasby 507- 831 -2900 NR Supervisor Extension 229 NR Area Supervisor Extension 225 10590 Co Rd 8 NEPO Box 457 175 Co Rd 26 Spicer, MN 56288 Windom, MN 56101 I I } s I (REV 4/09) MINNESOTA DNR VOLUNTEER AGREEMENT Notice of Intent to Collect Private Data: Data about you as a DNR volunteer is classified as Personnel Data, Minnesota Statutes, section 13.43, subd.l. Volunteers are asked to provide private data, including address, telephone number, and email address, in order to facilitate your volunteer placement. You are not legally required to provide private data. However, if you do not provide the data we may not be able to contact you, you may not receive important documents, and we may not be able to place you appropriately for volunteer activities. Those who are allowed access to your private data include DNR staff who have a business need to know and anyone authorized by law. Volunteer's Name (LAST) (FIRST) ( Daytime Phone Number l Address (number and street) Email address City State Zip Volunteer Job Title /Type of Project Specific Location of Work Site (if different than supervisor's address below) Varied Watercraft accesses Purpose Volunteer watercraft inspections to educate the public about the threat of invasive species and teach the public how to avoid the transport of invasive species on their watercraft Duties (authorized work and restrictions) Educating the public about invasive species and how to avoid transporting them — see watercraft inspection volunteer manual for authorized work and restrictions. All volunteers must be attend Volunteer Watercraft Inspection Training, pass a background check, and register as volunteers with the DNR. Any violation of authorized work and restrictions found in the Watercraft Inspection Volunteer Manual will result in the termination of the MN DNR volunteer agreement and status. Qualifications Desired (education, skill, experience) Division /Bureau /Unit Region Name of Supervisor /Contact Person Title 3 Heidi Wolf I Watercraft Inspection Program Ecological Resources Coordinator Supervisor's Address (DNR facility name, number and street) Telephone number DNR Central Office 500 Lafa ette Rd Box 25 651 ) City State Zip St. Paul MN 55155 259 -5152 DNR Staff: Some of the data collected on this formare classified as private data. Only those with a business need to know may have access to the data and it may only be used for activities related to volunteering. Data <on this form may not be released to others without first consulting the Human Resources Bureau. This agreement is used to officially register your volunteers for liability coverage. Keep this in YOUR files. Provide a copy of "Notice of Enrollment in a Certified Managed Care Plan for Workers' Compensation Injuries and Illness" to volunteer to read (found on DNR Intranet under forms). Time Commitment: Negotiable? x Yes i No Dates of Project: From or x On -going Minimum volunteer time commitment acceptable for this project: Weekdays i Evenings ! i Weekends Training Available? xYes i No Reimbursement for Expenses: Mileage: ! ! Yes x No Meals: i Yes x No Does volunteer hold a valid driver's license? ! Yes i No Does volunteer have current auto insurance on personal vehicle? i Yes ! No WORK EXPECTATIONS: Volunteers are expected to follow the same rules and regulations as employees concerning use of computers, email, Internet use, phones, workplace behaviors, alcohol and drug use, violence prevention, harassment, discrimination, and code of ethics (M.S. 43A.38). INTELLECTUAL: PROPERTY RIGHTS: All right, title, and interest in all intellectual property which may be conceived or originate, either individually or jointly by others, and which arises out of the performance of my activities with the DNR, will be the property of the State of Minnesota and are hereby assigned to the State. I also agree, upon "request of the State to execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights and patents on such materials. Works of authorship created by me in the performance of my activities with the DNR shall be considered "works made for hire" as defined in the U.S. Copyright Act. I have read. understand and aaree to ahirlp by thPSP nnliniac If I am iinahlo to moat this rnmmitmant 1 —ill r -nf.rt .,,., FIKID —A— Volunteer's Signature Date If under 18 years, parent/guardian must approve and sign Parent/Guardian's Signature Date Informed Consent Form for Criminal Background Check Minnesota Department of Natural Resources (not for Peace Officer) Minnesota Government Data Practices Notice: Information requested on this form is governed by the Minnesota Government Data Practices Act, Minn. Stat., §13.04 that requires the Minnesota Department of Natural Resources (DNR) to provide you with the following notice regarding the information you provide on this form. Purpose for requesting the data: The purpose for requesting the data is to comply with the Minnesota DNR's Criminal Background Check policy that requires a criminal background check on all successful job applicants, some volunteer opportunities and /or assignment of certain job duties, prior to completing a job offer and volunteer or job duty assignment. Requirements to provide requested information: You are not legally required to provide the information, however, the Minnesota DNR will not employ individuals, utilize volunteers-Qr assign certain job duties to those who refuse to provide the information. Identity of those who will receive the data: Minnesota DNR managers, supervisors, human resource staff and others involved in the hiring or volunteer process will have access to the information you provide The following named individual has made application with the DNR for. Employment Volunteer X Other Last name of applicant (Print) First name (Print) Full middle name (Print) Maiden, alias or former name(s) (Print) Date of birth (MM /DD/YYYY) Gender (M or F) I authorize the Minnesota Bureau of Criminal Apprehension or other state or federal law enforcement agencies to disclose all criminal history record information on me to the Minnesota DNR for the purposes of employment . or volunteering with the Minnesota DNR. The expiration of this authorization shall be for a period of no longer than one year from the date of my signature. Applicant/Volunteer signature Home Address (Print) Date City, State, Zip Code (Print) --------------------------------------------------- - - - - -- DNR Use Below-------------------- - - - - -- Hiring supv., name & work phone number (Print) Unit and work location (Print) Date Requisition Number (if applicable) Will this position be assigned driving duties? 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C ro c ar E Q Q) V v U .c v DRAFT 6/27/11 Implementing New Inspection and Decontamination Authorities in Minnesota 2011 Minnesota Department of Natural Resources OF 6/27/11 1 1 NATUAA RE W SOURCES Introduction Legislation aimed at strengthening Minnesota's ability to prevent the spread of aquatic invasive species was signed into law May 27 2011. Among the results will be more thorough watercraft inspections and stronger regulations to prohibit the transportation of invasive species. Key changes include: • Compliance with AIS inspection requirements is an express condition of operating or transporting water - related equipment. • Authorized inspectors can visually and tactilely inspect water related equipment. • Inspections may include removal, drainage, decontamination, or treatment to prevent the transportation and spread of AIS, aquatic macrophytes, and water. • Protocols for decontamination of water - related equipment will be developed as authorized in the legislation. • Authorized inspectors may prohibit the launching or operation of water - related equipment if a person refuses to allow an inspection or does not remove and dispose of AIS, aquatic macrophytes (plants), and water. • Refusing to allow an inspection or follow a removal order may result in a civil citation and a one year suspension of the watercraft license. • Conservation Officers or Licensed Peace Officers may set up check stations at or near water access sites. To implement these new authorities, several actions are required: • Prepare to hire and train /retrain' authorized inspectors • Plan for deployment of new authorized inspectors • Purchase decontamination equipment and develop protocols As part of the planning effort, DNR staff spent two days in Colorado going through a customized inspection and decontamination training as well as spending time with Colorado AIS Coordinators in the field to observe their program in action. This trip was highly informative on multiple fronts. Staff were able to compare notes on how programs are implemented in each state as well as the challenges and lessons learned for inspection, decontamination and enforcement. As a result, the DNR will adapt Colorado's inspection and decontamination protocols for use in Minnesota. Colorado State Parks staff demonstrating decontamination methods (6/21/11). DRAFT 6/27/11 General Outline of 2011 Inspection and Decontamination Plan Authorized Inspectors The first step was to determine how to utilize the watercraft inspectors currently employed in conjunction with potential new staff to ramp up the program. We propose to authorize two levels of inspectors. • Level 1 Inspectors Level 1 inspectors would be trained and authorized to visually and tactilely inspect water related equipment, have authority to deny launch, require removal of aquatic plants, other prohibited invasive species and drain water. The current watercraft inspectors would be re- trained and authorized as level 1 inspectors. • Level 2 inspectors Level 2 inspectors have the same authorities as level 1 plus decontamination responsibilities. A new position will be created for the level 2 inspectors. This position will have more responsibilities including planning and implementing inspections in their work area, be responsible for carrying out decontaminations when necessary, coordinate with Enforcement on joint efforts and be lead worker for inspection teams. Our first trained and authorized Level 2 inspectors will likely be the four current Watercraft Inspection Program assistants. Up to 20 additional level 2 inspectors would be hired and trained in 2011. Our goal is to start training current staff in early July Deployment of Inspectors The Level 2 inspectors would be teamed with level 1 inspectors to form inspection and decontamination teams. The inspector teams would be assigned to the four regions, with sub areas where they would focus their work to cut down on travel time. The inspectors would be distributed based on the number of target accesses within the region and sub area. Eighty percent of inspection time would be spent at zebra mussel waters. Of the 80% percent, 70% percent would be at high use waters, and 30% at medium and low use zebra mussel infested waters. The remaining 20% of watercraft inspection time would be spent at high use non zebra mussel infested waters. DRAFT 6/27/11 Suggested areas for 2011 teams: • Alexandria Chain of Lakes • Pelican Lake (Otter Tail, Becker Co. etc) • Brainerd and Gull Lake • Mille Lacs Lake • Lake Minnetonka • Seven County Metro area • The lower Mississippi • Spicer/Willmar • Duluth • International Falls /Lake of the Woods Equipment and Logistics Equipment: The DNR purchased three portable hot water- high pressure decontamination units that are self contained with wash mats and water recovery and filtration systems. The units will be the start of our fleet that will be used by inspectors in the field. With initial testing and implementation, additional contamination units will be purchased (funding dependent). The decontamination units require trucks equipped to trailer 7,000 Ibs when fully loaded with water. Water accesses: need to determine which accesses can accommodate the decontamination units. DNR Parks and Trails is reviewing a list of suggested accesses currently. We plan to start using the units on accesses that are administrated by the DNR and then to seek permission from the administrators of other accesses (city, county, etc.) to have the units at those accesses as well. DRAFT 6/27/11 Summary Getting the new inspectors and inspection protocols implemented this summer is our top priority. We anticipate that there will be unexpected challenges that will arise and lessoned learned from these new efforts. We will use this experience to re- assess and look for opportunities to improve inspection efforts in 2012. Opportunities to accelerate and expand the program further will be dependent on increased funding.