AGENDA CHAMPLIN CITY COUNCIL WORKSESSION MONDAY, JUNE 12, 2017 MAYOR & COUNCIL CONFERENCE ROOM 5:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA 1. UPDATE REGARDING MILL POND RESTORATION PROJECT 2. TROUT FISHERY MANAGEMENT PLAN 3. SHOVEL READY PARCELS - HIGHWAY 169 PARCELS ADJOURNMENT
Memorandum TO: FROM: City Council and Bret Heitkamp, City Administrator Todd Tuominen, Assistant City Engineer DATE: June 5, 2017 SUBJECT: Mill Pond Restoration Project Update Funding Update The proposed budget for the Mill Pond Restoration totals $6.3M. The City has identified the funding through grants, watershed partnership, local funds and MN State Bonding Funds. In 2015, the City of Champlin applied to the Legislative-Citizen Commission on Minnesota Resources (LCCMR) for a grant to fund the restoration of the Mill Pond Shoreline and Aquatic Habitat. After a rigorous process the LCCMR awarded the grant to the City of Champlin in the amount of $2M from the Environment and Natural Resource Trust Fund (ENRTF). Also, the City requested $3.3M in funding from the 2016 Bonding Bill via State of Minnesota Management and Budget (MMB). The project received support from both the MN Senate and MN House of Representative Bonding Committees. However, the Bonding Bill was not approved during the 2016 Legislative Session. The Bonding Bill was taken up again as part of the 2017 Legislative Session. The 2017 Bonding Bill, including the Mill Pond funding, was approved by the MN House and the Senate on the last day of the Legislative Session and signed into law by Governor Dayton on May 30, 2017. Representative Mark Uglem and Senator John Hoffman deserve credit for carrying the Mill Pond funding request through this two year process. It is expected that the 2017 Bond Funds will be available by August 2017. First, the City will be required to enter into a Grant Agreement with the MMB. It is expected that the DNR will serve as the administrator of the 2017 Bonding Grant. The City entered into a grant agreement with the State for the ENRTF Grant in December 2016. The State Bonding would account for $3.3M of the funding and $2M will be funded through the grant from the Environment and Natural Resources Trust Fund. The City and Elm Creek Watershed CIP would account for $750,000 and $250,000 respectively. Mill Pond Funding o $2,000,000 Environment and Natural Resources Trust Fund o $750,000 Local Funds-City of Champlin o $250,000 Local Funds-Elm Creek WMC o $3,300,000 (available August 2017)
Project and Schedule Update On February 23, 2017, the City Council authorized moving forward with the design and permitting for the Mill Pond. The preliminary plans for the Mill Pond are 60% complete and the EAW has been completed and submitted to the Environmental Quality Board (EQB) and published in the EQB Monitor. After the EAW has been through a 30-day comment period, any comments by State or environmental organizations will be addressed as part of a Findings of Fact. A Record of Decision will be established and a Notice of Decision will be published in the EQB Monitor. The Mill Pond EAW and the preliminary plans include the Oxbow and the area of the Elm Creek from the Mill Pond to Cartway Road. It is intended that the Oxbow area be included in plans for permitting purposes. Note that the Oxbow area is not included in the proposed Mill Pond project budget. The Technical Advisory Panel (TAP) has met several times and provided valuable insight and direction for the Mill Pond design and habitat features (attached is a list of the TAP members). The City will be meeting with Mill Pond Residents to discuss yard buffers and future raingarden projects. Also, the City anticipates removal of any wood structure on resident s shoreline. Temporary construction easements may be required for this work. The construction permits are under review by the Army Corps of Engineers (ACOE) and the MN-DNR. The preliminary plans include potential locations for aquatic habitat, include the use of natural wood fish structure, boulder protection and rock riffles. Potential recreational points of interest are being reviewed and include Fishing Access and Water Access for Canoe and Kayak Launch Sites. Emergency water access is also being considered at both the Upper and Lower Mill Pond. City Staff and WSB are reviewing the options of granular material disposition and the benefits of the normal bidding process versus brokering the granular material for separate sale. Brokering the material would require additional contracts that would need to work in coordination with the City bid contract work. Whereas, the typical process for bidding out the contract quantities for contractor ownership of material would let the competitive market dictate the value of work and resale together. This option would avoid contract and scheduling conflicts, along with issues with grant funding agreements. Project Schedule: LCCMR Work Plan January 2017 Complete ENRTF Grant Agreement January 2017 Complete Mill Pond Drawdown Public Hearing April 2017 Complete Submit EAW May 2017 Complete Submit State Agency Permits June 2017 Complete State Bonding Approval June 2017 Complete Submit Plan to MN DNR/ ACOE June 2017 Complete Submit EAW Notice of Decision June 2017
ACOE Permit July 2017 DNR Permit July 2017 LCCMR Work Plan Update July 2017 Elm Creek WMC Permit August 2017 Final Design/Approve Plans October 2017 Bid Approval/ Award Contract November 2017 Start Construction December 2017 Substantial Completion November 2018 RECOMMENDATIONS No formal action is required on this item. Attachments: Power Point TAP Panel Members
Mill Pond Shoreline and Aquatic Habitat Technical Advisory Panel (TAP) Todd Tuominen Richard Brown Rich Brasch Ali Durgunoglu Jared Galligan Darby Nelson Daryl Elison Matt Petersen City of Champlin Mill Pond Resident Lake Group Representative Three Rivers Park District Hennepin County Environmental City of Champlin Isaak Walton League West Metro Fisheries West Metro Fisheries
Memorandum TO: FROM: City Council and Bret Heitkamp, City Administrator Todd Tuominen, Assistant City Engineer DATE: June 5, 2017 SUBJECT: Trout Fishery Management Plan and Budget Background The flood control pond was created as part of the Reserve at Elm Creek Development and constructed through the excavation of sand that was used as fill to elevate the landform west of Elm Creek Crossing. The pond is located east of Elm Creek Crossing and south of French Lake Road. As constructed, the pond is a maximum of 32 feet deep, along with fairly steep side slopes. Safety and aquatic benches were constructed around the perimeter of the shoreline. Mr. Darrell Ellison, DNR Metro Fishery Manager, has indicated that the characteristic of the pond does not have good habitat or substantial shallows that benefit a warm water fishery. However, it would serve well as a trout (put-n-take) fishery given the cool water temperatures and relatively good dissolved oxygen (DO) levels. The pond is unique to the City of Champlin in that the pond contains ground water and storm water that is treated before entering the pond. It is important to recognize that a natural fishery with predatory fish like trout can compete and control the spread of rough fish that may enter the pond. The pond was found suitable as a trout fishery as identified in the attached Trout Management Plan (Citation information: U.S. Geological Survey [2016]; Nonindigenous Aquatic Species Database; Gainesville, Florida. Accessed [7/14/2016]. The plan has considered management options, legal review and costs of the fishery. Development of the fishery includes assessing the waterbody with respect to physical characteristics, water quality, and existing fish species. This fishery would be supported by annual stocking efforts with no reproduction and minimal growth expected. Goals To develop a put and take trout fishery within a newly created pond in Champlin for use by area residents. Sustain good water quality inputs from the lake to the storm pond system in the Elm Creek Preserve Development and eventually in the Elm Creek. Improve ecological integrity to increase the resiliency of the aquatic environment within the City of Champlin
Management Options MN State Rules 1) DNR Managed Stocking The MN DNR suggests that the pond be classified as a stream trout lake, which may not fit the Fishing in the Neighborhood (FIN) program. It could take a period of 8-10 years for the lake to be designated as a stream trout lake; until that time City ordinance would regulate access and fishing on the new pond. The regulations for a stream trout lake allow for a summer season that runs from May 14- October 31 with a possession limit of 5 combined and not more than 3 over 16. The winter season runs January 14-March 31 with the same possession and size limits. Note that there are exceptions listed within the regulations. The City of Champlin could pass an ordinance to reflect the same as the DNR regulations or pass more stringent season, possession, and size limits. Observed exploitation rates in Courthouse Lake, a similar stream trout lake, range between 80-90% annually. MN DNR staff has estimated that each fisherman will catch and keep 15 trout annually. If we use the 125 pounds/acre stocking rate and we stock 12 fish that are 0.6 pound live weight average, we would be stocking roughly 1,450 trout. If our exploitation rate is 90%, the pond could support 87 fishermen annually. Stocking rates, size, and frequency as well as season length can be tweaked to support additional fishing opportunities. City ordinance may differ from state regulation in that the state regulation specifies that rough fish may not be harvested from stream trout lakes. Champlin should not have this regulation as the City may want the ability to harvest rough fish at any point. Live minnows would be prohibited, but worms, leeches, and waxies could be used as bait. MN DNR staff indicated they would like fishing regulations in place before the state would commit any fish to the project. It is unknown as to whether those would be state regulation imposed under the Stream Trout-Lake regulations or City ordinance. If DNR staff prefers to have the lake designated a Stream Trout Lake it may be 8 years before we may be able to get trout from DNR hatcheries.
2) City Special Event Fishery/ Special Ponds Rules / City Ordinance Fishing in the City Pond at Reserve at Elm Creek shall be restricted to special City events. Fishing shall require a special one day Champlin fishing license. The cost of the license fees will be used to fund special fishing events and stocking of trout in the pond. The City of Champlin may consider implementing a Special Event Fishing Permit System to track the fishing effort and number of trout harvested to inform future management activities; specifically stocking rates. The permit system could be a simple spreadsheet that is updated annually. The permit does not have to be a paper permit that must be possessed by a fisherman and processed by the city, but could simply be a number assigned to a fisherman that applies for a permit. The fisherman could contact city staff and provide their contact information (name, address, email address, and phone number). The fisherman would then receive their Special Event Number. The fisherman would then be required to report the number of trout caught and kept. This information could be supplied on a standard form that could be dropped off at city offices, mailed in, or emailed. The permit spreadsheet would then be populated with the information provided by the fisherman and reviewed to decide on the number of trout required for stocking. Signage Signage -Informative and Educational Restrictions Access points to pond Enforcement Pond Buffer Area The conservation buffer area around the pond shall be posted with signage indicating no entrance to the buffer area between the trail and the pond. This will protect native plantings that provide cover to pond slopes and food source (macro invertebrates) for fishery. Existing plant materials within the conservation easement should be left in its natural state and no removal of vegetation or trespass will be permitted. Pond Access The access to the pond will be permitted from one or two fishing piers that will be located at the City s discretion. Normal pond uses will be limited to viewing from the trails or said designated fishing piers. Fishing will be allowed only from designated fishing piers during City sanctioned fishing events. Fishing will be prohibited until fishing piers are installed. Native buffers shall be off limits and Park users will be required to stay on paved trails. Signs with trail access arrows will be posted along the pond trails.
Fishing in Pond Fishing shall be prohibited by City Ordinance with the exception of special event fishing programmed by the City of Champlin. A City Fishing Permit shall be required along with a current MN State Fishing License and Trout Stamp. No fishing is permitted without a special license from the City of Champlin. Also, no removal or the transporting of fish to the pond is permitted. Fishing live with minnows and the transporting of live minnows in the area of the pond is prohibited by City Ordinance. Special Event Fishing The Reserve at Elm Creek Pond is a City of Champlin facility and is a pilot fishery project. The City will hold special fishing events that will require a special event permit. Funding It is anticipated that costs to manage the Fishery will be funded via the General Fund Budget for water quality components including water testing and pond management. The Fishery component will be funded via the general fund and from revenues generated from Special Fishing Events. The City has identified an $18,000 budget for 2017 allocated from the Storm Water Fund. It is anticipated that $23,800 will be required for 2018 as an Outside Budget Request. Fishery Management Costs Budget Year 2018 Cold Water Fishery Management Costs A. Monitoring /Assessment Water Quality $2,000 B. Electro Fishing /Netting $2,000 C. Update Fishery Report Sampling $300 D. Update Management Plan $500 E. DNR Permitting $1,000 F. Stocking $6,000 G. Hydraulic Assessment $4,000 H. Project Management Todd 50 hrs $3,000 I. Enforcement $3,000- -$5,000 $23,800 Capital Costs I. Fishing Piers 2 at $15,000 ea. $30,000 Grants J. Trail Access $2,000 K. Aeration (If Needed) $12,000 L. Signage $1,000 $45,000
Proposed Trout Pond Special Fishing Event Winter and Summer Events - 175 youth participants anticipated Expenditures Revenues Planning/ Set Up Time For Event Parks and Rec. Hours (20 hours) $900 Public Works Hours (6 hours) $300 Police Hours (2 hours) $100 Actual Event Time Involved Parks and Rec. Hours (6 P.T. hours) $240 (10 F.T. hours) $500 Public Works Hours (6 Hours) $500 Police Hours (4 Hours) $200 Tent Set Up (additional PW hours) $250 Prizes $1,000 Wristbands $150 Signage for Parking (one time) $500 Concessions TBD Sponsorships $1,000 License/Event Fees (100 Participants) Residents (150 youth at $25 per license) $3,750 Non-Residents (25 youth at $40 per license) $1,000 Totals ($4,640) $4,750 Net- $110 Variables include the Food Truck and Sponsorships potentially negating each other. Costs include selling licenses, marketing, staff clean up. Cost does not include Fish Stocking and or DNR Permitting.
Enforcement The City of Champlin enforcement plan will focus on educating the public on the benefits of this high quality fresh water pond. Education will relate not only to fishing rules but also focus on the pond biota and the benefits trout have on the keeping the pond free of rough fish and thus helping with water quality. The City web site will provide additional information on rules and informational signs will be located around the pond. These signs will inform the public about Fishing Rules and Access, Disturbance of Natural Features, Disturbance of Wildlife, Release of Aquatic Plants and Animals, Release of Fish or Bait, Release of Harmful or Foreign Substances. City Enforcement/Standard Operating Procedures will include the following: Education/Training Detection Process Ordinances Citizen Call in Program Tracking Illegal Fishing Enforcement Response Procedures The Fishery Management Plan has identified a $5,000 budget for enforcement cost. The City will need to monitor this cost with any adopted Fishery Management Plan. Currently, the pond is posted for no swimming for public safety and to protect the native buffer. No fishing signs would be required around the pond. These signs will be left in place until a Management Plan and Ordinances are adopted. The City will need to gauge both the public interest in fishing and any violation concerns. The DNR expects there will be strong public interest in fishing this pond and violations should also be expected. They recommended that ordinances and fishing piers be in place before the special event fishing occurs. Education will be the first initiative for the enforcement plan. As part of this pilot project, modification to the management and enforcement plan may be required. Because the pond is public water, any fish in the pond would also be considered public. Because the pond is surrounded by City property, it allows the City to manage the access to the pond. It would be beneficial to protect the buffer, and promote safe fishing, by controlling access points and limiting the number of fishing days. The exploitation rates would be reduced and would likely enhance Special Event Fishing. However, curtailing the number of fishing opportunities may result in an increase of trespass violations. Similar to Three Rivers Park District ordinances that have a monetary penalty for Unlawful Occupancy (Entering onto areas closed to public use) and Disturbance of Natural Features (alter injure or destroy any plants), the City ordinance would also need to implement citations for trespassing, along with a monetary fines.
Legal Issues Public Water/ City Controlled Access The proposed trout fishery is considered a pilot program and will need to be open to residents and non-residents. The pond is considered public water along with the fish contained within the pond, therefore control of the access is the only way to adequately manage uses of the pond. The fishery development and special fishing events are a pilot project. The City Attorney has indicated that the City may restrict access to the pond to protect the integrity of the native buffer and to protect the fishery. The trout have an important function to control the spread of rough fish that may enter the pond. The DNR has expressed concern about restricting access beyond state laws if the DNR is actively stocking the pond. The City will need to develop an enforcement response and fine schedule. The pond is currently not protected as a State Designated Trout Pond and will need to be covered by City Ordinance. Staff Recommendations It is recommended that the City Council approve the attached Trout Fishery Management Plan and the following: 1. Pilot Program for Special Event Fishing 2. The development of City Ordinances to address Fishing Rules, Access, Disturbance of Natural Features, Disturbance of Wildlife, Release of Aquatic Plants and Animals, Release of Fish or Bait, Release of Harmful or Foreign Substances. 3. 2018 General Fund Budget Allocations to support the Pilot Program and Special Fishing Events Desired Outcomes/ Staff Direction 1. Does the City support the implementation of: A. Special Event Fishery Management Plan? B. DNR Fishery Management Plan? C. Do Nothing 2. If Yes, Which Alternative? 3. If Yes, Direct Staff to prepare an Outside Budget Request for the alternative selected for consideration by the City Council at the 2018 Budget Worksession. Attachments: Pond Depth Map Implementation Plan Fishery Management Power Point
Implementation Plan 2017 Fishery Development Complete 2017 Early Summer Monitoring Sample TP/O June 2017 WSB will complete the sampling of PH and oxygen level in April 2017. This will complete a full year of sampling data. Earlier Testing provided positive results for a trout fishery. Complete Suitability Assessment June 2017 The final testing will be followed by a final review and recommendation on suitability of the pond to sustain a trout population along with final recommendations for stocking and regulation on fishery. Hydraulic Assessment June 2017 WSB Water Resource group has started the review of storm sewer system east of Elm Creek Crossing and discharges to the Elm Creek. The DNR fishery manager has suggested that eliminating lower flood events from entering the fishery will reduce TP levels in the pond. The influx of TP would be a stressor to the fish in the fishery. Excess TP from the Elm Creek resulting from Flood events may need to be treated with alum which will bind with dissolved PH in the water column. This assessment will be completed by the end of April. DNR Assessment Date Undetermined Upon completion of the suitability Assessment and Hydraulic review the DNR will assess their interest in stocking the fishery/pond. The City can move forward with a stocking plan independently and permit the transportation of fish with the DNR. Adopt Coldwater Fishery Plan July 2017 The City Council will need to review and adopt the Fishery Plan. At that point the City can draft an enforcement plan and fishing event plan. City Council Approval of Management and Enforcement Plan August 2017 The City will need to approve the budget and Timeline has not been adopted. Pond Signage Plan August 2017 The pond signage plans will be developed once the management and Enforcement Plan is approved.