5.a MPRB Wirth Park_Staff Memo G:\Environmental Commission \Memos \MPRB Wirth Park_011512.doc Memorandum Public Works 763.593.8030 / 763.593.3988 (fax) Date: January 1 9 , 201 2 To: Environmental Commission Through: Jeannine Clancy, Director of Public Works From: Eric Eckman , Public Works Specialist Al Lundstrom, Park Maintenance Supervisor Subject: Minneapolis Park and Recreation Board – Wirth Park Co ncerns Arising from public concern about the recent tornado cleanup in Theodore Wirth Regional Park, t he Environmental Commission Chair has asked staff for information about the policies and agreements pertaining to Wir th Park , which is owned and operated by the Minneapolis Park and Recreation Board (MPRB ). MPRB Tornado Cleanup On May 22, 2011 , a tornado passed through Golden Valley and Minneapolis, blowing down and damaging a significant number of trees in Wirth Park . In late 2011, as part of their response effort, crews from the MPRB Forestry Division began remov ing the fallen and damaged trees near the intersection of Glenwood Avenue and Wirth Parkway , and near Plymouth Avenue north of State Highway 55 . Sometime aro und December 6, 2011, staff from both agencies began receiving calls and emails about the tree removals. MPRB Forestry staff contacted Golden Valley staff to explain the work being performed and to see if there were any permits required for the tree remova ls . As the City’s Tree Preservation Ordinance generally applies to development, not natural disaster s or forest management, no permits were initially required. Around December 15, the City received an inquiry , through its wetland consultant, from the Minn esota Board of Water and Soil Resources (BWSR) about a possible wetland violation . C ity staff inspected the site and immediately contacted MPRB staff to set up a field meeting. O n December 16 , Golden Valley staff, including its wetland consultant, met with MPRB Forestry and Planning staff to review the operations within the work area near the intersection of Glenwood Avenue and Wirth Parkway . While the City does not have any regulatory oversight regarding tree removals in W irth P ark, other than
G:\Environmental Commission \Memos \MPRB Wirth Park_011512.doc diseased tre es, it does have a regulatory interest in wetland and stormwater management. It was determined at th e field meeting that the work underway required a City Stormwater Management permit . MPRB ceased its operations to allow for the appropriate permits to be obtained. The City Stormwater permit was applied for on December 16, 2011 and issued on December 22 . A copy of the permit is attached to this memorandum. It was also determined at the meeting that an area that appeared to be wetland had been encroached up on. It was agreed at the meeting that th e City’s wetland consultant would flag the presumed wetland edge with an additional margin of error to help guide MPRB staff in the installation of b est management practices in order to protect wetlands and preserve water quality in the Wirth Lake area. The City notified the Army Corps of Engineers and the Technical Evaluation Panel (TEP) of the work being performed in and around the wetland area. (The TEP consists of the Minnesota Department of Natural Resources, BW SR, Soil and Water Conservation Districts, and other agencies involved in wetland oversight.) The agencies seemed to agree that the vegetation alteration was not covered by the Wetland Conservation Act and could be overseen locally and did not require furt her action or notification . City staff inspected the site after the work was completed and found it to be in compliance. Through its routine inspections, s taff will continue to monitor the site until vegetation is established and the Stormwater permit is c losed. MPRB Natural Area Management Plan Staff has reviewed the MPRB Natural Area Management Plan as outlined on its website. The plan explains that dead trees will not be removed from natural areas unless they pose a hazard to the public. In addition, t he plan identifies that a tree must be defective and within the vicinity of a target to be hazardous. A defective tree is one that has the potential to fail and/or is in an environment that may contribute to failure. A target is defined as a person or obje ct that would be injured or damaged if the tree or a part of it fell. A tree near a path would be hazardous but a tree in the middle of an acre of a natural area would not be hazardous. Fallen trees in natural areas may be made safe when lodged between ot her trees or is resting on a weak limb. In these cases the MPRB Forestry Division will not remove the tree but will cause the tree to rest safely on the ground. This allows the tree to naturally decompose and eliminates damage that may occur to other trees by removing the fallen tree. Finally the MPRB plan identifies that pruning in natural areas will be done to provide for the safety and welfare of the public. Examples include but are not limited to clearance for pathway access, elimination of areas that could harbor criminal activity and along roadways bordering natural areas.
G:\Environmental Commission \Memos \MPRB Wirth Park_011512.doc Agreements in Wirth Regional Park As requested by Chair Baker, s taff was able to find three agreements between the City of G olden Valley and MPRB involving Wirth Park. Please note that the City of Minneapolis is actually the fee owner of the real property known as Wirth Park, but it acts by and through its Park and Recreation Board on all park matters. The agreements are summarized below and attached to this memorandum. 1. Public Saf ety Emergencies – A Memorandum of Understanding was executed between the Minneapolis Police Department, Golden Valley Public Safety Department, Minneapolis Fire Department, and the MPRB Police Department to outline policies and procedures for responding to and managing emergencies within Wirth Regional Park . 2. Maintenance of Stormwater Treatment Facilities – As a requirement of its 2011 Wirth Lake Site Improvement project, the MPRB entered into an agreement with the City of Golden Valley to outline its respo nsibilities in maintaining its newly constructed stormwater treatment facilities. 3. Maintenance of Wirth Lake Outlet Structure – As a solution to the problem of excess nutrients entering Wirth Lake from Bassett Creek, the Bassett Creek Watershed Management Commission and the City of Golden Valley initiated a construction project to modify the W irth Lake Outlet Structure. The City entered into an agreement with MPRB to outline the long -term maintenance responsibilities for the structure and to obtain permanen t access rights . Future Steps The Env ironmental Comm ission may want to consider writ ing a letter to MPRB outlining its concerns with respect to natural area forest management and stormwater management in Wirth Park . Staff suggests including in this lette r a request to repair two storm sewer outlet pipe s and an eroded channel entering the wetland in the southeast quadrant of the intersection . (Th ese are pre -existing condition s identified during the site visit.) The C ommission may also want to consider inpu t from G olden V alley’s representative serving on the C itizen A dvisory C ommittee for the Wirth Park M aster P lan process which is currently underway . As a positive take -away from the tornado event and the MPRB response, t he Env ironmental C ommission may want to consider authorization from City Council to work with Golden Valley staff to develop a polic y regarding natural area management in Golden Valley -owned parks and nature areas. Attachments