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City Council - 04/01/2003
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 1,2003 CITY CENTER 5:00-6:25 PM,HERITAGE ROOM II 6:30—7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram,City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Data Practices, Open Meeting Law,Conflict of Interest and Gift Ban IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.) VII. ADJOURNMENT Conflicts, Gift Ban and Open Meeting Law I. CONFLICTS Prohibited Contracts M.S. § 471.87. "Except as authorized in Section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor." M.S. §412.311. "Except as provided in sections 471.87 to 471.89, no member of a council shall be directly or indirectly interested in any contract made by the council." Who: $ Public Officer $ Council $ A.G. -All public officials,not merely elected officials. $ Authorized to take part in making of contract. $ Direct or indirect interest or benefit may include: • Officer,Director, shareholder corp.; • Employee, if results in receipt of benefit from employer; Partner; • Member association or joint venture; • Family membership. 1 What: $ Sale,Lease Contract $ Contracts of all kinds $ Purchase real/personal property, services. Exceptions M.S. § 471.88, Subd. 1 provides in part, "The governing body of any...city,by unanimous vote, may contract for goods or services with an interested officer of the governmental unit in any of the following cases." Subd. 5. A contract for which competitive bids are not required by law.1 M.S. § 471.345 the uniform municipal contracting law requires competitive bids if the amount of a contract is estimated to exceed $50,000.00. A contract is an agreement"for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property." M.S. § 471.89 provides that "A contract made pursuant to section 471.88, subdivision 5, is void unless the procedure prescribed by subdivisions 2 and 3 is followed." 1Another statute, M.S. § 15.054 prohibits the sale of real estate to an officer or employee of a city and prohibits the sale of any property to such a person except in accordance with that statute. 2 "Subd. 2. Resolution by governing body. Except in an emergency making such procedure impractical, the governing body of the governmental unit shall authorize the contract in advance of its performance by adopting a resolution setting out the essential facts and determining that the contract price is as low as or lower than the price at which the commodity or services could be obtained elsewhere. In case of an emergency when the contract cannot be authorized in advance, payment of the claims shall be authorized by a like resolution in which the facts of the emergency are also stated. Subd. 3. Claims, affidavits filed. Before such a claim is paid,the interested officer shall file with the clerk of the governing body an affidavit stating: (a) The name of the officer and the office held by the officer; (b) An itemization of the commodity or services furnished; (c) The contract price; (d) The reasonable value; (e) The interest of the officer in the contract; and (f) That to the best of the officer's knowledge and belief the contract price is as low as, or lower than, the price at which the commodity or services could be obtained from other sources." 3 Other Exceptions-M.S. 4 471.88 Subd. 2. The designation of a bank as an authorized depository for public funds, or as a source of borrowing,upon certain conditions. Subd. 3. The designation of an official newspaper, or publication of official matters in, when it is the only newspaper complying with statutory requirements relating to designation or publication. Subd. 4. A contract with a cooperative association of which the officer is a shareholder. Subd. 6. A contract with a volunteer fire department for the payment of compensation to its members or for the payment of retirement benefits. Subd. 13. Rental of space in a public facility at a rate commensurate with that paid by other members of the public. Subd. 15. Franchise agreement. An employee of a utility is not precluded from continuing to serve as a city council member during the term of a franchise agreement between the utility and the city if the council member abstains from voting on official action relating to the franchise agreement or contract and discloses the reason for the abstention in the minutes. Effects of Contracts made in Violation of Statutes Contract is void. Applies to any contract in which official is "authorized to take part" therefore, does not matter whether or not officer abstains from voting. 4 Case law- Conflict of Interest in Contract Situations Singewald v.Minneapolis Gas Company, 142 N.W. 2d, 739 (1966) In Singewald,the Minnesota Supreme Court held that a Burnsville city council ordinance granting a non-exclusive franchise to the Minneapolis Gas Company was void as an interested contract. The court stated that because one of the three voting council members had an employment relationship with the contracting party, the ordinance was in violation of M.S. § 412.311. Regardless of the council member's good faith or the fairness or reasonableness of the transaction, any direct or indirect interest in a contract, according to the court,will be held void. The court in Singewald cited a line of authority illustrated by Griggs v. Borough of Princeton, 33 N.J. 207 (1960). Specifically, the court agreed with the language in Griggs that the vote should be void even if the council member involved be "motivated by a high sense of responsibility for community affairs. Griggs at 221. Caselaw - Conflict of Interest in Non-Contract Situations Lenz v. Coon Creek Watershed District, 153 N.W.2d 209 (S. Ct. 1967). Factors: 1. The nature of the decision being made. 2. The nature of the financial interest 3. The number of interested officials. 4. The need, if any, for the interested persons to make the decision 5. Other means available, if any, such as an opportunity for review of the decision that insures that decision is not arbitrary to further selfish interest. 5 In Lenz the Minnesota Supreme Court held that an order to improve a creek channel was not invalid, even though four out of five managers of the Coon Creek Watershed District owned land affected and benefited by the improvement. The Court said there is no settled general rule whether a public official's direct interest in the outcome of a proceeding will disqualify the official. Each case must be decided on the basis of the particular facts. The Court noted that the managers must be residents of the watershed district over which they have jurisdiction and that a large improvement would probably benefit land owned by some or all of the managers. The Court also noted that there are adequate procedures for review of decisions made by them. Petition of Jacobson, 48 N.W.2d 441 (S. Ct. 1951) contrary result. County Commissioner disqualified because his land drained into ditch that was subject of proceedings. In ETO, Inc. v. Town of Marion, 375 N.W. 2d 815 (Minn. 1985), the Supreme Court disqualified a town supervisor from eligibility to vote on the question of the renewal of a liquor license where the supervisor had stated prior to his election to the town board that land which he owned across from the bar had been de-valued by$100,000 since the bar opened. In applying the Lenz factors, the Court noted that the supervisor's interest was large, he was the only supervisor with a conflict of interest, and there was no reason requiring him to make a decision. The Court also noted that the supervisor's interest was much greater than that of the officials in Lenz. Streets -Establishing Township Board of Lake Valley, Township Traverse County v. Lewis, 234 N.W. 2d 815 (S. Ct. 1975). A town board supervisor's sending to another a petition to circulate establishing a town road did not disqualify the town supervisor from voting on the matter. There was no 6 evidence that any supervisor had an interest in the establishment of the road. An earlier case, Webster v. Board of County Commissioners of County of Washington, 2 N.W. 697 (1897), held that a county board member who owns land adjoining a proposed county highway is not disqualified from voting on the establishment of the highway. Church Affiliation Rowle v. Board of Adjustment, 446 N.W.2d 917 (Minn. App. 1989). The Court held a member of a board of adjustment was not disqualified from voting on the grant of a variance to a church of which he was a member. The Court recognized the board member had a non-pecuniary interest in the general welfare of the church not likely to be contrary to the interests of the general public. The Court said the nature of the member's pecuniary interest in the church was such that it could not reasonably have influenced the voting board member. Street Vacation The Minnesota Attorney General has ruled that a council member who has an interest in property abutting a street proposed to be vacated may not participate in the street vacation proceedings. Rezoning The Attorney General has also ruled that a council member may not participate in council proceedings involving zoning of the council member's property. On the other hand, the Attorney General has also ruled that a council member is not disqualified from voting on a rezoning of the 7 member's father's property,which was being sold to the applicant on a contract for deed. Zoning and guide plan adoption or amendments. Dependent upon whether action is general, covering large area, or specific to a council member's property. Other actions considered by other states to disqualify council member from voting. Condemnation of land owned by the council member. License issuance and regulation. Effect of Disqualifying Interest on Action Unlike the statutory prohibition against interests in contracts, a disqualifying interest does not affect the result if the requisite majority without the interested official takes action. Actions for which a disqualified member votes are void where the vote of the member is necessary to make up the number of votes required to take the action. Council members who have a disqualifying interest in any matter generally are excluded in counting a quorum. Matters of this nature can be approved if a quorum is present without counting the disqualified member and those who are not disqualified provide sufficient votes to approve action, e.g. a majority of a quorum or four votes in the case of zoning. Disclosure of Potential Conflicts M.S. § 10A.07 provides "a local official elected to or appointed by a metropolitan 8 governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business unless the affect on the official is no greater than on other members of the official's business, classification,profession, or occupation, must take the following actions: (a) Prepare a written statement describing the matter requiring action or . decision and the nature of the potential conflict of interest. (b) Deliver copies of the statement to the official's immediate superior if any." If there is insufficient time to prepare the written statement and provide it to the official's immediate superior, the official must orally inform the superior or the official body of service or committee of the body of the potential conflict. If the official is not permitted or is otherwise unable to abstain from action in connection with the matter, the official must file a statement describing the potential conflict and the action taken. The official must file the statement with the council within a week of the action taken. A"local official" is a person who holds elective office or is appointed to, or employed in a public position in which the person has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of public money. (M.S. § 10A.01, subd. 22). 9 H.THE GIFT BAN LAW M.S. § 471.895 - 10A.071 WHAT IS PROHIBITED? An interested person, a lobbyist,or principal may not give a gift to a local official nor may a local official accept a gift from an interested person, a lobbyist or principal. WHO IS AN INTERESTED PERSON? A person or a representative of a person or an association that has a direct financial interest in a decision that a local official is authorized to make. $ Providers of goods and services. $ Developers - owners of land subject to a decision $ Zoning,platting,vacations, land alterations-local improvements, assessments. $ Licensees - liquor, other. $ Director, officer, stockholder or employee of corporation. $ Partner or partnership. $ Family members. WHAT IS A DIRECT FINANCIAL INTEREST? Not defined. A rezoning of a person's land probably would constitute a direct financial interest. Does rezoning of another's land which increases or diminishes the value of the person's property constitute a decision in which a person has a direct financial interest? Granting a license to a person probably constitutes a direct financial interest. Does granting a license to a competitor 10 which affects a person's business constitute such an interest? One question not answered by the definition of interested person is that of timing. When must a person have a direct financial interest in a decision that a local official is authorized to make to be an interested person? It does not tax the imagination to foresee a myriad of circumstances in which that question might be raised. For example. a person might take a local official who is a friend to lunch without ever contemplating that the person will be appearing before the local official in a decision making capacity. What if later, that person becomes the subject of a proceeding, such as, a special assessment which comes before a local official for a decision. Does that make the lunch a violation of the law? What if the lunch occurs a year after the decision has been made? One month? WHO IS A LOCAL OFFICIAL? The definition of a local official contained in M.S. §471.895 is different from that contained in M.S. § 10A.01, Subd. 22. In the former, local official is limited to an"elected or appointed official." In the latter, a local official is one who is elected, appointed to or employed in a public position in which the person has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding expenditures or investment of public money. Thus, the latter definition specifically includes an employee while the former does not. Consequently, there may be a different result depending upon whether the gift is given by an interested person defined in M.S. § 471.895 or the more limited defined (in M.S. § 10A.01) lobbyist or principal. Thus, to the extent that an employee does not meet the definition of a local official under M.S. §471.895 but does so under M.S. § 10A.01, gifts by an interested person who is not a principal or lobbyist may not be prohibited. In 11 any event, it would appear that council members as well as members of boards and commissions, irrespective of whether they have authority to make major decisions regarding the expenditure or investment of public money, are covered under M.S. § 471.895. Certain persons who may also be considered employees of a city whose official positions are recognized by state statute would probably be included in the definition of local officials and thus prohibited by M.S. § 471.895 from accepting gifts from interested persons. For example, city managers, city clerks, inspectors, and perhaps others who have authority to make decisions. If a recommendation is a decision,then many other employees are included, e.g.probably all department heads, as well as others. WHAT IS A GIFT? A"gift"means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. EXCEPTIONS. The exceptions to the prohibition include: • Political contributions • Services to assist an official in the performance of official duties, such as advice, consultation, information, and communication in connection with legislation, and services to constituents. This exception seems to be more confusing than clarifying, and has been interpreted by the Ethical Practices Board (EPB) to allow the giving of educational items such as newspapers, as well as services. • Services of insignificant monetary value. 12 • A plaque or memento.recognizing individual services in a field of specialty or to a charitable cause. • A trinket or memento of insignificant value is not a gift. What is insignificant value? A gift of a$2.00 pocket calendar was found to be a prohibited gift (EPB Advisory Opinion #141). • Informational materials of unexceptional value. • Food and beverages given at a reception, meal or meeting away from the official's usual place of work by an organization when the official appears for a speech or to answer questions as part of a program. • Gifts given to the members of a group, a majority of whom are not local officials, of which the official is a member. • Gifts from family members. Other than the exceptions, all gifts, including meals and beverages, are prohibited. It is apparent that the gift prohibition laws raise many questions concerning their application which are as yet unanswered. Consequently, one can look forward to continued uncertainty in their application. In the meantime caveat emptor. Until "what is a violation" is better defined, the prudent course of action is to decline acceptance of anything that is a gift from whomever is suspected to be an interested person, a lobbyist or principal. 13 ILL OPEN MEETING LAW M.S. § 13D.01, Subd. 1 All meetings, including executive sessions,must be open to the public. b. of the governing body of a (4) statutory...city c. of any (1) committee (2) subcommittee (3) board (4) department, or (5) commission of a public body. Availability of Written Materials One (1) copy of printed materials relating to the agenda items of a meeting prepared or distributed by or at the direction of the governing body or its employees, and distributed 1. at the meeting to members, 2. before the meeting to members, or 3. available in the meeting room to members, shall be available in the meeting room for inspection by the public. This does not include non- public data or materials relating to closed meetings. 14 Notice of Meetings 1. A schedule of regular meetings is to be kept on file at the City offices. 2. If a regular meeting is held at a time or place different from that stated in the schedule of regular meetings the same notice as required for a special meeting must be given. 3. Notice of the date, time, place and purpose of special meetings must be given three(3) days before the date of the meeting. 4. Emergency meetings (requiring immediate consideration of a matter) may be held upon good faith efforts to provide notice, including the subject of the meeting, to each news medium that has filed a written request for notice. 5. Notice requirements apply to closed meetings. Non-Public Data Permits the discussion at an open meeting if it relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business before the public body. Exception...a meeting must be closed if expressly required by other law or the following types of data are discussed: 1. Identification of victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. 2. Active investigative data and internal affairs data relating to law enforcement personnel. 3. Educational,health, medica,welfare and mental health data that are not public 15 data. Other Closed Meetings 1. Labor negotiations (meetings are subject to certain procedures, including tape recording). 2. Preliminary consideration of allegations or charges against one subject to the public body's authority must be closed, unless the subject of the inquiry requests an open meeting. If discipline is warranted, further meeting relating to the matter must be open. 3. Evaluation of the performance of an individual may be closed unless the individual requests the meeting be kept open. 4. Attorney-client privilege. The Supreme Court in Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002) requires that there be a need for absolute confidentiality in order to close a meeting under the attorney-client privilege. In Minneapolis Star and Tribune Co,.v. Housing and Redevelopment Authority, 251 N.W.2d 620 (Minn. 1976), the Supreme Court recognized the attorney-client exception to the Open Meeting Law, prior to the Open Meeting Law including a specific reference for that exception. In HRA, the Court recognized the exception, only after a determination disclosed that the HRA was involved in active and immediate litigation. The attorney-client privilege does not extend to mere request for general legal advice or opinion. In HRA the court noted that a meeting could be closed if the balancing of conflicting public policies dictates the need for absolute confidentiality. In Prior Lake, the applicant for a conditional use permit stated in writing that it "may seek legal action to ensure proper handling and compliance of this matter, as well as legal action to recover lost revenues 16 and/or costs incurred as a result of the action taken by the City of Prior Lake." The Supreme Court in balancing the policies behind the Open Meeting Law and the attorney-client privilege determined that such balancing did not dictate the need for absolute confidentiality in this case. The mayor and council members who met in closed session to seek legal advice were determined to have violated the Open Meeting Law. Given the Court's decision in Prior Lake, it may be very difficult to close a meeting to discuss threatened litigation as opposed to pending litigation. Even when there is pending litigation, the matters to be discussed in closed session must require absolute confidentiality, such trial strategy or settlement discussions. State Reasons for Closing a Meeting Before a meeting is closed a statement should be made on the record as to the specific grounds permitting the meeting to be closed and the subject to be discussed. Penalties 1. A person who intentionally violates the law is subject to personal liability in an amount not to exceed$300.00 for a single occurrence. 2. The personal liability may not be paid by the City. 3. A person who has been found to have intentionally violated the law in three (3) or more actions shall forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office such person was then serving. 4. In addition to the above, the court may award reasonable costs, disbursements and 17 attorneys' fees of up to $13,000.00 to any party in an action. The City may pay the costs, disbursements or attorneys' fees incurred by or awarded against any of its members in an action under the law. 5. No monetary penalties or attorneys' fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate the law. What is a meeting? St. Cloud Newspapers, Inc. v. District 742 Community Schools. Seminar-type meetings or discussions were attended by the school board and various administrators of the school system. The presentations were made by school administrators to provide information on topics relating to school administration. On appeal the Supreme Court stated the question was whether gatherings of members of a school board and administrators for the purpose of providing the board with background information concerning issues facing the educational system in general and the school district in particular where the board took no official action to resolve specific problems of the school district constitute meetings. The Supreme Court held that the gatherings constituted meetings for purposes of the Open Meeting Law. The Court said discussions were held concerning matters which could foreseeably require final action by the board. The Court said meetings include those at which information is received which may influence later decisions. The Court further stated the law does not apply to chance or social gatherings. 18 Moberg v. Independent School District No. 281 .This involved closing of one of three schools. During the time the school board was involved in determining which school to close individual board members gathered in private on many occasions and discussed the closing issue. They also had telephone conversations and one board member sent a letter to several board members attempting to persuade them to change their votes. The Court held that meetings are those gatherings of a quorum or more of members of the governing body or of a committee, subcommittee, board, or commission at which members discuss, decide or receive information as a group on issues relating to the official business of the governing body. The Court cautioned that serial meetings in groups of less than a quorum for the purpose of avoiding public hearings or fashioning agreement on an issue may be found to be a violation of the statute, depending upon the facts of the individual case. In Mankato Free Press v. City of Mankato the appellate court remanded the case to determine whether one-on-one interviews of applicants for city administrator by each council member serially"was designed to avoid public hearings." Casual Discussions Engaging in casual discussions can be a trap for the unwary. In Kroschel v. City of Afton the mayor and two council members attended a meeting of the Afton Planning Commission. Although the evidence was conflicting, there was evidence that the mayor and council members went to a coffee area outside of the chambers and returned eight minutes later; and that they were speaking together in the coffee area and looking at a document. Upon returning, the mayor 19 addressed the Planning Commission, indicating that he had signed a contract for an emergency well repair which was the subject of the Planning Commission's discussion and that it would not matter what the Planning Commission decided. One witness testified that the document she saw the mayor and the council members looking at in the coffee room was seen by her when the mayor addressed the Planning Commission. Although the mayor and the council members denied they had met to discuss the well contract during the Planning Commission meeting, the trial court found that there had been a meeting, and found the mayor and council members in violation of the Open Meeting Law. Bodies to which law applies $ Council $ Commissions $ Boards $ Committees $ Subcommittees In Sovereign v. Dunn, 498 N.W. 2d 62 (Minn. App. 1993) the mayor and a member of the Lake Elmo Council attended a meeting with the Oakdale City Council and other meetings concerning the annexation of a portion of Lake Elmo to Oakdale. One of the questions presented was whether the mayor and council member constituted a"committee." (Attendance at a meeting by both members of a committee of two would require an open meeting.) The court held that the mayor and the member of the council did not constitute a committee of the council. The facts on which the court reached this conclusion were that no resolution or ordinance was adopted or 20 other formal action taken to name the members of the delegation or to establish a committee. No special instructions or charges were given to the representatives and no authority was specified or given, except to exchange views and alternatives with Oakdale representatives and report back to the council. No recommendation of the delegation had any legal standing and any proposed agreement coming from the delegation would have to be acted on after full deliberation by the full city council at an open meeting. The court held that a gathering of public officials is not a committee, subcommittee, board or commission unless the group is capable of exercising decision making powers over the governing body. The capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body. The presumption could also arise where there has been a delegation of power from the governing body. Seminars, Planning,Training Sessions,Neighborhood Meetings, etc. Moberg holds, if less than a quorum, no problem. A quorum or more of a council should not attend neighborhood meetings in which development, zoning, local improvement or assessment procedures or other matters affecting the city are the subject of discussion. Attendance by a quorum or greater of training-type sessions is probably permissible, however, members should refrain from discussing specific local issues. An opinion of the Attorney General, pre-dating St. Cloud Newspapers (Opinion A.G. 63a-5), states that the planning sessions for mayors, councils and managers provided by the League of Minnesota Municipalities emphasizing communication between the council and community, responsibilities of the council, mayor and staff, and development of skills in decision making and planning do not constitute a meeting within the open meeting law. The 21 Attorney General stated, "In our opinion, a training program devoted solely to the above- described purposes does not constitute a deliberation on matters within the Council's `official' duties or powers and is not inconsistent with the open meeting law." The opinion went on to state, "The facts present in this opinion do indicate, however, that specific municipal matters may also be discussed at the described training sessions. Examples are provided where council members exchange views on the policy of granting of liquor licenses and the approach to take in making sidewalk assessments. Discussions of this nature would constitute deliberations on a matter within the official duties or powers of the council and would therefore be deemed to be a `meeting.' Thus, while participation in a non-public training program is not inconsistent with the language or purposes of the open meeting law, discussions of matters within the council's official duties or powers, such as those dealing with liquor licenses and sidewalk assessments,must be avoided." 22 While all of the nuances of the open meeting law are yet to be developed by the courts,the safest and most prudent course of action is to avoid the appearance at meetings of a quorum or more of the council members at which discussions of city issues or business will occur even though it is not expected that the members of the council would take any action as to those issues at the meeting. In this category, are neighborhood meetings at which a development, zoning, local improvement or assessment procedure affecting the neighborhood or other parts of the city is the subject of discussion. On the other hand, courts have not gone so far as to preclude the attendance of council members at training sessions or seminars such as the one approved by the Attorney General so long as they do not involve a discussion of matters over which the council would likely be taking action or which are in the nature of official business of the City. It is difficult to apply the rather sterile rule laid down by the Supreme Court in Moberg characterizing as meetings those "at which members discuss, decide or receive information as a group on issues relating to the official business of that governing body." Nevertheless,we believe distinctions can be made based upon, 1. Who is the sponsor of the meeting? 2. How general is the subject matter which is being discussed? 3. Is the matter being presented in a lecture forum? 4. Does the meeting require the views or opinions of the several 23 council members present on issues which the council may need to decide in the future? 5. How closely related is the item being discussed to specific issues that may be official business of the council? Thus, a distinction can be made between conferences sponsored by an umbrella organization at which a number of public officials may be present, including a quorum or more of the council and, at which, for example, a state aid formula is discussed, which of course may impact upon a future budget to be adopted by the council, and a more local meeting with more limited audience sponsored by a city organization in which council members are expected to actively participate and present their views on a specific issue, such as the budget itself. While the statement from the Moberg opinion quoted above relative to receiving information in issues relating to official business theoretically could apply to the receipt of state aid information as it relates to a budget, I do not believe a court, if faced with a real case involving such a remote connection, would construe such a meeting as one within the open meeting law. Where a quorum or greater number of the council is present, we believe a reasonable course of action permits attendance at those meetings which are of general interest with more than a local or limited audience and do not deal with matters which are the subject of the council's decision-making authority. Even in those instances, council members should refrain from situations in which they participate in discussions 24 indicating views or opinions on issues and situations which may require future council decisions or actions. EP\Admin\Conflicts.GiftBan.OpenMeeting.010903 25 DATA PRACTICES A. Government Records What is considered a government record? Government records means cards, papers, correspondence,photographs, disks,tapes,recordings,maps,reports,memos, microfilm, e-mail, optical disks,writing and other data, information or documentary material,regardless of physical form or characteristics, storage media or conditions of use made or received pursuant to state law or in connection with the transaction of public business. MN Statute§138.17 subd. 1 Information you create or receive as a City Councilmember or Board/Commission member is considered a government record. B. Classification of Government Data How are government data classified? Data on individuals are classified as either public,private, or confidential. Data not on individuals are classified as public, nonpublic, or protected nonpublic. This classification system determines how government data are handled. Minnesota Statutes § 13.03,subd. 1 states in part: "All government data collected, created, received, maintained or disseminated by a state agency,political subdivision, or statewide system shall be public unless classified ... as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential." C. Personnel data. Minnesota Statutes § 13.43,subd. 1 states in part: " `...personnel data' means data on individuals collected because the individual is or was an employee of or an applicant for employment by,performs services on a voluntary basis for, or acts as an independent contractor with a state agency, statewide system or political subdivision or is a member of or an applicant for an advisory board or commission." Minnesota Statutes § 13.43,subd. 2 states in part: "Except for employees described in subdivision 5,the following personnel data on current and former employees,volunteers, and independent contractors of a state agency, statewide system, or political subdivision and members of advisory boards or commissions is public: 1 (1)name; actual gross salary;salary range; contract fees; actual gross pension;the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement,in addition to salary; (2)job title and bargaining unit;job description; education and training background; and previous work experience; (3) date of first and last employment; (4)the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5)the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; (6)the terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,paragraph(a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than$10,000 of public money; (7)work location; a work telephone number;badge number; and honors and awards received; and (8)payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data; and city and county of residence." D. Housing data. Minnesota Statutes § 13.585 provide four different classifications for data maintained by the housing agency: Subd. 2. Confidential data. The following data on individuals maintained by the housing agency are classified as confidential data,pursuant to section 13.02, subdivision 3: correspondence between the agency and the agency's attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation,including but not limited to: referrals to the office of the inspector general or other prosecuting agencies for possible prosecution for fraud; initiation of lease terminations and unlawful detainer actions; admission denial hearings concerning prospective tenants; commencement of actions against independent contractors of the agency; and tenant grievance hearings. Subd. 3. Protected nonpublic data. The following data not on individuals maintained by the housing agency are classified as protected nonpublic data,pursuant 2 to section 13.02,subdivision 13: correspondence between the agency and the agency's attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation,including but not limited to,referrals to the office of the inspector general or other prosecuting bodies or agencies for possible prosecution for fraud and commencement of actions against independent contractors of the agency. Subd.4. Nonpublic data. The following data not on individuals maintained by the housing agency are classified as nonpublic data,pursuant to section 13.02, subdivision 9: all data pertaining to negotiations with property owners regarding the purchase of property. With the exception of the housing agency's evaluation of properties not purchased, all other negotiation data shall be public at the time of the closing of the property sale. Subd. 5. Private data on individuals. Income information on individuals collected and maintained by a housing agency to determine eligibility of property for class 4d under sections 273.126 and 273.13, is private data on individuals as defined in section 13.02, subdivision 12. The data may be disclosed to the county and local assessors responsible for determining eligibility of the property for classification 4d. E. Official Records Act (MN Statute §15.17) (First enacted in 1941) 1. This Act requires public officials to make and carefully preserve records necessary to understand a city's official activities. 2. All records must be accessible to the public as required under the MGDPA so that the public can understand what government entities are doing and why. 3. Records must be passed on to successors in office. 3 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 1,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS A. NATIONAL LIBRARY WEEK—APRIL 6-12,2003 (p. 1) B. ARBOR DAY—MAY 3, 2003 (p. 2) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD MARCH 18,2003 (p. 3) B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 18,2003 (p. 7) VII. CONSENT CALENDAR A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION QF WETLANDS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION (p. 22) B. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LANDSCAPE PROJECT CSAH 1 (PIONEER TRAIL) PROJECT,I.C. 94-5369 (p. 39) C. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SOUTHWEST STATION TRAFFIC SIGNAL IMPROVEMENTS,I.C. 03-5590 (p. 41) CITY COUNCIL AGENDA April 1,2003 Page 2 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR FINAL DESIGN AND CONSTRUCTION ADMINISTRATION OF TH 212/ PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS,I.C. 01-5527 (p.43) E. AWARD CONTRACT FOR INSTALLATION OF LIME SLAKERS AT THE WATER TREATMENT PLANT,I.C. 03-5591 (p. 63) F. APPROVE CONTRACT AMENDMENT NO. 1 FOR PROFFESIONAL SERVICES FOR PURGATORY CREEK RECREATION AREA (p. 66) G. APPROVE EARLY GRADING PERMIT FOR HENNEPIN VILLAGE (p. 67) H. APPROVE EARLY GRADING PERMIT FOR LIFETOUCH,INC. (p. 68) VIII. PUBLIC HEARINGS /MEETINGS A. THE ENCLAVE 2ND ADDITION by Halley's Custom Homes, Inc. Request for Zoning District Change from Rural to RM-6.5 on 4.73 acres, Site Plan Review on 4.73 acres, and Preliminary Plat of 4.73 acres into 11 lots,2 outlots, and road right-of- way. Location: Southeast corner of Braxton Drive and Pioneer Trail. (Ordinance for Zoning District Change and Resolution for Preliminary Plat) (p. 70) B. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) (p. 78) IX. PAYMENT OF CLAIMS (p. 96) X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL AGENDA April 1,2003 Page 3 D. REPORT OF PUBLIC WORKS DIRECTOR 1. Storm Water Permit Application and Pollution Prevention Plan (p. 105) E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT PROCLAMATION NATIONAL LIBRARY WEEK APRIL 6-12, 2003 WHEREAS, our nation's libraries are modem community centers for education, information and entertainment and play a vital role in providing millions of people with the resources they need to live, learn and work in the 21st century. WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine,helping people of all ages find the information they need in print and online. In a world that's information rich, librarians are information smart, and help ensure a society where everyone is information literate. WHEREAS, libraries are places of opportunity. Libraries are part of the American dream. They are a place for education, self-help and lifelong learning. And because they offer free access to all, they bring opportunity to all. WHEREAS, libraries bring you the world. Libraries are unique. In person. Online. Where else can you have access to nearly anything on the Web or in print as well as personal service and assistance in finding it? WHEREAS, librarians are the ultimate search engine. They are trained experts at finding information in all formats for people of all ages. WHEREAS, librarians must be brought to the table at public policy discussions on key issues, such as intellectual freedom, equity of access, and narrowing the digital divide. WHEREAS, awareness and support must be increased for libraries by raising the visibility of libraries in a positive context and by communicating clearly and strongly why libraries are both unique and valuable. WHEREAS,more individuals must be recruited to the profession of librarianship to maintain its vitality in today's changing workplace. WHEREAS, libraries and library supporters across America are celebrating National Library Week with @ your libraryTM,The Campaign for America's Libraries. NOW, THEREFORE,be it resolved that I,Mayor Nancy Tyra-Lukens,proclaim National Library Week,April 6-12, 2003. I encourage all residents to take advantage of the wonderful library resources available and thank their librarians for making information available to all who walk through the library's doors. Come see what's new at your library. ADOPTED by the Eden Prairie City Council on this 1st day of April 2003. Nancy Tyra-Lukens,Mayor 1 V. 3. . 111111k. PROCLAMATION ARBOR DAY- MAY 3, 2003 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS,this holiday, called Arbor Day,was first observed with the planting of more than a million trees; and WHEREAS,Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs,moderate the temperature, clean the air,produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper,wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees,whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I,Nancy Tyra-Lukens,Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 3,2003, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on this 1st day of April 2003. Nancy Tyra-Lukens,Mayor V i A- UNNAPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 18,2003 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. DISCUSSION TOPICS • Heritage Preservation Vision Scott Neal asked the Council to offer their ideas on a vision for heritage preservation in Eden Prairie. Butcher said she is impressed with the notion of adaptive re-use as a way to keep historic properties viable and available to really be used. She is very happy with the way in which the More House/Dunn Bros. venture has turned out. Young said he is appreciative of the work staff did in gathering information on historic preservation in Eden Prairie and in other communities. He said his main question revolves around the role of government in historic preservation,particularly in funding historic preservation. He is concerned about the implication of spending public dollars on historic preservation, and wonders if the City can get a"return on it." He said he wonders how the state auditor would perceive the spending Eden Prairie has done and plans to do on historic preservation. Young said it is important to consider the community's vision of historic preservation. He noted that the community survey conducted two years ago indicated that spending on historic preservation was a relatively low priority. Young suggested the Council think long and hard about the current economic model of funding historic preservation. 3 CITY COUNCIL WORKSHOP/FORUM MINUTES March 18,2003 Page 2 Mosman said historic preservation is not something that is necessarily going to show a return on the dollar,but that the Council needs to think about its value to residents and businesses. She said there has been some consideration of using some of the historic properties for park uses. She said Council needs to keep open to different types of partnerships. Case agreed that there is no question that Council must pursue private partnerships. Case said he believes the survey Young referred to is outdated and is no longer relevant. Case said that the Council needs to remember they are talking about meeting the needs of a broad spectrum of the community. It is their responsibility to maintain the perception of Eden Prairie as a quality community. He said in addition to schools and parks,things like history and art contribute significantly to quality of life. He said that for 25 years Eden Prairie City Council's have chosen to fund historic homes and make them a priority. He said impressive numbers of people have visited the Dunn Bros./More House in the three months it has been open. Case said the Council needs to do as much as it can with what is available, especially in conjunction with private partnerships. Butcher said she is not sure the Cummins House is necessarily the right place to a pursue public/private partnership. She cautioned the Council to be very careful when it comes to specifics. Young said he does not believe the government can be all things to all people,and the Council is elected to represent the people. He thinks it unwise to discount the survey results, saying it is one of the few sources of objective information available. Young said the Council needs to begin by defining the role of the City in historic preservation. Other communities seem to be fulfilling the same vision and spending less on it. It will be important to find out how they do this. He said it appears that Eden Prairie has spent more than any other community. He also said he feels there is no danger of people saying the quality of life in Eden Prairie is poor. Tyra-Lukens said she has less faith in surveys than Young. She believes there is a sizable group of people in the community who have historic preservation as a value. Case said that when referring to money Eden Prairie has spent on historic properties, it is important to note that some of that money also went toward acquiring park land that surrounds the homes. Tyra-Lukens asked how the Council wishes to direct the Heritage Preservation Commission to proceed,particularly in light of the current budget situation. Case said he thinks the HPC should continue to focus on preserving the City's three historic homes,but to do it as inexpensively as possible. He noted that three of the five current Councilmembers served on HPC before running for Council, and he thinks the public knows of and values their perspectives. Tyra-Lukens agreed that the three historic homes the City already owns are what the Council needs to be concerned with. Mosman said that since the City already owns the homes,it is obligated to do the best job possible in restoring and using them. She urged staff and HPC to continue to seek grants, sponsorships and partnerships to help fund work. She said she would hate to see the City sell off irreplaceable properties. She noted that some historic homes have been converted to bed and breakfast inns in other communities. Case noted that he has heard that Dunn Bros.would love to move into CITY COUNCIL WORKSHOP/FORUM MINUTES March 18,2003 Page 3 the Cummins House under the right circumstances. He said he thinks it is a safe government bet to invest in these historic properties. Young said he sees two main issues. The first is whether or not to do historic preservation, and the second is how to go about doing preservation if they decide to proceed with it. He said he is not suggesting that the City not do historic preservation,but merely asking that they take a look at how it is done. He said if Dunn Bros. is interested in the Cummins House,they should pay to restore the building and assume the financial risks. He said he was not aware of a"historic preservation mandate"on the Council. Case asked Young why he was picking on historic preservation rather than something else like a$6 million water park.Young said there will be a referendum on the water park, and the people will be allowed to decide whether or not they want to fund it. Case said instead of looking at this as just historic preservation,the Council should view these homes as an important part of our community's identity and uniqueness. Butcher pointed out that figures provided by Historic Preservation Specialist John Gertz show the City has spent$221,000 total on the Cummins House. She said that translates into only about$8,000 a year to maintain and use this structure. Case said it sounds as if the Council agrees on more than it disagrees on—and none of them want to spend money heedlessly. Case said if the Council can get the Cummins House"off the roster"through some sort of adaptive reuse like that at the More House,they can concentrate on the Riley-Jaques farmstead. Case said that in essence, everything the City does can be considered a subsidy. Therefore the question is whether or not the City should subsidize history. In his mind,the answer is yes. Butcher said perhaps the appropriate directive would be to look at ways to more creatively use these structures. Butcher said she also feels Council needs more direct input from the HPC. Parks and Recreation Director Bob Lambert asked for clarification about a comment Case made about putting an old schoolhouse on the Riley-Jaques property. He said this is the first he has heard of such a plan,and cautioned that such a move would be expensive and would significantly alter a site plan that is currently under development by a consultant. Case said he did think the City should consider moving the old schoolhouse to the property. City Manager Scott Neal said staff received good input from Council from this discussion. Neal said he would draft a vision statement on historic preservation for the Council to review. He asked the HPC and Historical Society to submit written input to him for consideration in drafting this statement. IV. OTHER TOPICS Council Chamber S CITY COUNCIL WORKSHOP/FORUM MINUTES March 18,2003 Page 4 V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) • Nancy Holden—Community Involvement Initiative Nancy Holden introduced herself as the director of PROP and representative of the Eden Prairie Community Education Advisory Council. She presented Council with an overview of the Education Advisory Council's latest initiative,which is an interactive website through which individuals and organizations can both post and search for volunteer opportunities. The website address is www.edenprairievolunteers.org. Holden said once it is fully functional,probably in April,the website will act as a central clearinghouse for City, School District,private organizations, and individuals wishing to participate in volunteer opportunities. • Dipak Shah Dipak Shah said he was appearing before Council with questions about a commentary in the Eden Prairie News written by Councilmember Case. Shah said he was offended by the article and asked Case to explain what he was trying to imply in the article. Mayor Tyra-Lukens said she did not think Shah's question was necessarily pertinent to the Council Forum, since Case wrote the article as an individual. Shah said he believed his question was pertinent, since the article identified Case as a teacher and a Councilmember. He said he was greatly disturbed by the content of the article. Case said he would be happy to talk privately with Mr. Shah about his concerns. Case noted that the newspaper is generally responsible for identifying commentary writers as residents, Councilmembers, etc. Shah again asked Case to explain what Shah referred to as racist, anti-immigrant comments. He said Case implied school test scores were going down due to the immigrant and low income population. Councilmember Case began to respond,but was interrupted by Shah. Mayor Tyra-Lukens told Shah it was her job to run the meeting. Shah said he expects an apology and a retraction, or he will"make this a Federal case." VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one requested to speak during this portion of the meeting. VII. ADJOURNMENT 1 , � UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 18,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE HI. COUNCIL FORUM INVITATION Mayor Tyra-Lukens stated Council Forum is held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is off-camera. The Council Forum consists of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the City Council and Department Directors,please notify the City Manager's office(at 952-949-8412)by noon of the meeting date with your request. The last 10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by individuals or organizations who wish to speak to the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Scott Neal noted that Item N. APPROVE CLERK'S LICENSE APPLICATION LIST and Item O. APPROVE SELLING HOUSING REHAB LOAN TO CUTLER MORTGAGE COMPANY have been added to VI. CONSENT CALENDAR. MOTION: Mosman moved, seconded by Case,to approve the Agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD MARCH 4, 2003 MOTION: Mosman moved, seconded by Butcher,to approve as published the Minutes of the Council Workshop held March 4, 2003. Motion carried 4-0. Tyra- Lukens abstained. CITY COUNCIL MINUTES March 18,2003 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 4, 2003 Case noted a correction to delete "all other" after the word absent under I.ROLL CALL/CALL THE MEETING TO ORDER. MOTION: Case moved, seconded by Mosman, to approve as published and amended the Minutes of the City Council Meeting held March 4, 2003. Motion carried 4-0. Tyra-Lukens abstained. VI. CONSENT CALENDAR A. WILLIAMS PLACE by Pemtom Land Company. 2nd Reading for Planned Unit Development District Review on 49.33 acres, Rezoning from Rural to R1-13.5 on 38.10 acre, Rezoning from Rural to RM-6.5 on 6.46 acres, and Site Plan Review on 6.46 acres. Location: East of Highway 212, South of Anderson Lakes Parkway, and north of Sunnybrook. (Ordinance No. 3-2003-PUD-1-2003 for PUD District Review and Zoning District Change, and Resolution No. 2003-47 for Site Plan Review) B. MEYER ESTATES by Larry and Judith Meyer. Approve Developers Agreement. Location: 16519 Pioneer Trail. C. EDEN PRAIRIE CENTER 10TH ADDITION by General Growth. 2nd Reading for Planned Unit Development Review on 41.3 acres, and Zoning Amendment in C- Regional District on 41.3 acres. Location: Eden Prairie Mall, (Ordinance No. 4- 2003-PUD-2-2003 for PUD District Review and Zoning Amendment) D. ADOPT RESOLUTION NO.2003-48 APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 10TH ADDITION E. APPROVE SECOND READING OF AN ORDINANCE NO. 5-2003 AMENDING CITY CODE CHAPTER 9,RELATING TO FIREWORKS AND ADOPT RESOLUTION NO.2003-49 APPROVING SUMMARY ORDINANCE FOR PUBLICATION F. AWARD CONTRACT FOR 2003 STREET SWEEPING,I.C. 03-5596 G. ADOPT RESOLUTION NO.2003-50 DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF 2003 SPECIAL ASSESSMENT ROLLS AND SETTING PUBLIC HEARING DATE ON APRIL 15,2003,FOR I.C. 98-5471,HILLCREST/ALPINE NEIGHBORHOOD STREET AND STORM SEWER IMPROVEMENTS H. APPROVE BIDS FOR STARING LAKE SLIDING HILL IMPROVEMENTS I. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF PROPERTY U CITY COUNCIL MINUTES March 18,2003 Page 3 J. APROVE CONTRACT WITH HENNEPIN COUNTY FOR ACCESS TO THE COUNTY'S COMPUTERIZED INFORMATION K. AWARD CONTRACT TO FOX LAWSON&ASSOCIATES FOR CITY- WIDE COMPENSATION STUDY L. APPROVE THE PURCHASE OF POLICE DICTATION SYSTEM FROM NORTHLAND BUSINESSS SYSTEM INC. M. APPROVE SECOND AMENDMENT TO LEASE BETWEEN CITY OF EDEN PRAIRIE AND HOLLYWOOD ENTERTAINMENT COPRORATION (HOLLYWOOD VIDEO) N. APPROVE CLERK'S LICENSE APPLICATION LIST O. APROVE SELLING HOUSING REHAB LOAN TO CUTLER MORTGAGE COMPANY MOTION: Case moved, seconded by Young,to approve Items A-O of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. LAKE POINT by Taurus Properties, Inc. Request for Planned Unit Development Concept Review on 10 acres,Planned Unit Development District Review with waivers on 10 acres, Zoning District Change from Rural to R1-13.5 on 10 acres, and Preliminary Plat of 10 acres into 12 lots, 1 outlot and road right-of-way. Location: Southeast corner of Mitchell Road and Cumberland Road. (Resolution No. 2003-51 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution No. 2003-52 for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the March 6, 2003,Eden Prairie Sun Current and sent to 100 property owners. He said the proposal is to rezone the property from Rural to R1-13.5 and subdivide it into 12 single-family lots and one outlot. The Community Planning Board voted 7-0 to recommended approval of the project to the City Council at the February 10,2003 meeting. This site is surrounded by existing development. The density of the project is consistent with the surrounding area. Neal noted that a representative for the developer is present to give comment and answer questions. Duane Dietrich of Taurus Properties gave an overview of the project. City Planner Michael Franzen stated the main reason the Community Planning Board voted unanimously to recommend approval of the project was the fact that the development plan minimized impacts on the property.He said by granting the waivers on the lot size for the shore land area and adding private drives for two lots rather than extending a cul-de-sac further down the slope,this plan is the most environmentally sensitive for the property. 1 CITY COUNCIL MINUTES March 18,2003 Page 4 Tyra-Lukens asked if the property will be less densely developed than adjacent properties. Franzen said it would.Tyra-Lukens asked if the 10 acres deeded to the City is included in the calculation.Franzen said none of the outlot dedicated to the City was included. He said density is calculated on the basis of the lot size and does include the road right-of-way that is being dedicated to the City for the cul-de-sac. Mosman asked why a 40,000 square foot minimum is set at the lake, and said she is concerned that the question of having smaller lots may come up on another lake. Franzen said the standard for the 40,000 sf lot comes from the State; it is the Department of Natural Resources shore land regulation that applies to all lakes that have a certain classification as a natural environmental water.He said in some projects,because of the way the design is laid out,we are able to meet the 40,000 sf requirement,but the City doesn't usually get dedication of land adjacent to the lake. Franzen said the City does own two-thirds of the lake because of other waivers and dedication of some lots surrounding the development. He said the DNR initiated the 40,000 sf lot size prior to the City's tree ordinance, so reasoning for the larger lot size included saving the trees, lakeshore and topography. But, Franzen said, once the tree ordinance was put into effect,the setback requirement is where most of the visual impact is because there is a stand of oak trees on this property for wetland bufferage. There was no further comment. MOTION: Butcher moved, seconded by Case, to close the Public Hearing and adopt Resolution No. 2003-51 for Planned Unit Development Concept Review on 10 acres; and Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 10 acres; and adopt Resolution No. 2003-52 for Preliminary Plat of 10 acres into 12 lots and one out lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case said this is a good project and commended Staff and the developer for coming up with a good use for this land. Motion carried 5-0. B. HENNEPIN VILLAGE - SITES C &D by Pemtom Land Company. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, from Office to Medium Density Residential on 4.5 acres, from Public to Office on 1.2 acres, and from Public to Medium Density Residential on .4 acres; Planned Unit Development Concept Amendment on 151.43 acres; Planned Unit Development District Review on 64.9 acres; Zoning District Change from Rural to R1-9.5 on 16.9 acres; Zoning District Change from Rural to RM-6.5 on 48 acres; Site Plan Review on 48 acres; and Preliminary Plat of 151.43 acres into 436 lots, 5 outlots, and road right of way. Location: North of Hwy. 212, east of Spring Road. (Resolution No. 2003-53 for Guide Plan Change,Resolution No. 2003-54 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution No. 2003-55 for Preliminary Plat) l0 CITY COUNCIL MINUTES March 18,2003 Page 5 City Manager Scott Neal said official notice of this public hearing was published in the March 6,2003,Eden Prairie Sun Current and sent to 27 property owners.He said in February 2002,the City Council gave final approval to the Hennepin Village Planned Unit Development which include residential sites A,B,C, and D, office and neighborhood commercial. Site A was rezoned to R1-9.5 and RM-6.5. The developer wants to proceed with building a portion of Sites C and D. The next development phase of Hennepin Village is the rezoning of 113 single family homes and 330 townhouses. The office and neighborhood commercial areas are not proposed for rezoning at this time. Neal said there are three amendments to the approved plan: • Adding 2.9 acres of land along the east side of Spring Road. This land is guided Low Density Residential. This land is proposed for Medium Density Residential. • Adding 1.6 acres of land owned by the MAC. This land is proposed for Office. • Changing 4.5 acres of land from Office to Medium Density Residential. Neal said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 10, 2003 meeting.He said Mr. Herbst from Pemtom Land Co. will make a presentation, followed by comments from Mr. Dietz and Mr. Franzen. Dan Herbst from Pemtom Land Co. said the plan has been amended because of the scheduling of utilities. He said a number of properties have been added since approval of the concept plan and there are two issues unresolved at this point. He said looking at Lots C and D independently,the tree landscape requirement is short, so he is asking for a waiver on the strict compliance of the tree ordinance and asks the Council to consider the big picture of trees and plantings and amenities within the project.He said the vast majority of trees being lost on the site are young cedar trees which are not on the recommended list of trees to replace. Herbst asked Council to consider the total commitment to saturate the entire site with trees and plantings. He said the ordinance requires 11,000 caliper inches of trees and he is putting in about 8,200;the ordinance requires in multi-family areas about 2,852 inches of plantings and that requirement is being met.He said in addition,the ordinance would require$1,379,000 worth of plantings and they are installing $1,107,000. He said additional plantings not included in the ordinance are also being added that total$108,000, and there is also proposed an added$304,000 in plantings, so when it's all installed, the grand total will be nearly$1,400,000 in plantings. Herbst said the second request is for an early grading permit.He said there was a change in the grading plans to accommodate the berm between the MAC property and their hangars.He said the plan will be done shortly and submitted to Staff and then the Watershed District on April 2,2003. He said the plan would be submitted at the April 1,2003 City Council meeting to request an early grading permit. Case asked about cedar trees being on the replacement list.Lambert said the cedar tree is on the list for replacement,but it is a tree that is planned to be eliminated when CITY COUNCIL MINUTES March 18,2003 Page 6 managing the prairie area. Case asked if it makes up the 3,000 inches if you take the cedar out of the formula. Lambert said it's better than 90 percent of the trees. Mosman said the whole plan is what makes sense. She asked if there were other ways to access the public trail other than coming into the private development to park. Herbst said the streets will not be marked private, and there will be parking allowed on the public streets.Mosman asked if it connects to other trails.Herbst said there will be five access locations from the lower area in addition to the parking on top. Butcher said she thinks the plan continues the high standards of saving open space that has been the tradition of the builder. She asked if tree variances had been granted in the past. Lambert said not a variance to the tree ordinance,but there was a lengthy discussion on whether to list cottonwoods as replacement trees.He said it might be a good idea to reevaluate the value of certain trees listed as replacement trees. Butcher asked Herbst to identify the fencing that separates the public land from private land.Herbst said the fence will provide a limited access between public and private areas and will be hidden by plantings. Jeff Strate of 15021 Summerhill Drive said he is concerned about residents moving into the area being aware of what the prairie bluff is,and asked Council to direct Staff to revisit the Prairie Bluff Conservation Area management plan from September, 1997 that sets forth recommendations on how to approach private landowners who move in. He said this is a very special area and holds spectacular scenery, and is the City's defining landscape.He asked the developer and City to revisit the narrow overlook in the small parking area,because he thinks the overlook should be expanded. Strate also said he wants to know that a van load of people can drive into the site and access it, so he asked that the streets be kept public with no gates from homeowners associations. Lambert said if the developer is required to put a public easement over the trail and access to the public park,he believes that would restrict the development from having a gate over the area. City Attorney Ric Rosow said a provision could be included in the developer's agreement requiring access and that the street not be gated. Case asked what the access is on the east side. Lambert said the east side would only tie into the trail on Charlson Road, so you could park down there and access the trail. Case said there are enough ways for groups to access the site even if the main site provides the only disability access. Lambert said the site will exceed ADA standards. Mosman said she is pleased that there will be access down on Miller Spring. She said since this was paid for with referendum dollars,use of the site should be encouraged and advertised. Doug McEvers of 8685 Black Maple Drive said he believes the only accessible point would be at the top of the bluff and asked if this is the only handicapped-accessible site,would there be spaces designated as handicapped.Lambert said there would be ! ; CITY COUNCIL MINUTES March 18,2003 Page 7 one.McEvers was concerned that proper parking be given to this site.McEvers also recommended the lot be landscaped with native species landscaping. There was no further public comment. MOTION: Case moved to close the Public Hearing; and Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.9 acres, from Office to Medium Density Residential on 4.5 acres, from Public to Office on 1.2 acres, and from Public to Medium Density Residential on .4 acres; and Adopt the Resolution for PUD Concept Amendment on 151.43 acres; and Approve 1st Reading of the Ordinance for PUD District Review on 64.9 acres and Rezoning from Rural to R1-9.5 on 16.9 acres, and Rezoning from Rural to RM-6.5 on 48 acres; and Adopt the Resolution for Preliminary Plat of 151.43 acres into 436 lots, 5 outlots, and road right of way; and Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion was seconded by Butcher. Case said he needs to be comfortable with granting a tree waiver, should this come up again.Butcher said it is reasonable and she is comfortable because the City is getting a lot of tradeoffs by granting this, and there are also a lot more desirable species and plantings and spacing. Rosow asked Franzen if site B came into different ownership,would there need to be anything other than the regular ordinance provisions applied to site B in order to make the full site work. Franzen said the ordinance would need to be followed. Rosow said since regular ordinance restrictions would be imposed, it still works as a concept. Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Case,to approve the Payment of Claims. The motion was approved on a roll call vote,with Butcher, Case, Mosman,Young and Tyra-Lukens voting` aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.51 —STANDARDS FOR THE PROTECTION OF WETLANDS City Manager Scott Neal said that Eden Prairie adopted the Wetland Protection Code on February 10, 2000 to conserve and protect wetlands and their wetland buffers from alteration and destruction. He said this amendment incorporates changes to address the following: • Adoption of Local Government Unit(LGU) status for the Lower Minnesota River Watershed District. The City Council adopted LGU status on September 17,2002 � 3 CITY COUNCIL MINUTES March 18,2003 Page 8 as the District did not have the resources or staff to provide Wetland Conservation Act(WCA)review. • Revisions to the WCA in 2002. This is primarily in response to a number of definition changes within the WCA. • Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. Neal said the Community Planning Board voted 7 to 0 to recommend approval of the changes to the Wetland Ordinance at the February 10, 2003 meeting. Public Works Director Eugene Dietz said most of what has changed is a few definitions.He said the most significant is that the City will be the Local Government Unit for the Lower Watershed District. In addition,he said there are also housekeeping definitions and clarifications.Dietz said the City Attorney's office has reviewed the ordinance. MOTION: Mosman moved, seconded by Case, to approve first reading for amendment of City Code Section 11.51 —Standards for the Protection of Wetlands. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS City Manager Scott Neal said the following two reports involve two different task forces with two different projects that ultimately came together to coordinate their presentations. A. COMMUNITY CENTER IMPROVEMENT STUDY Lambert said Council may wish to delay taking action on either of these items until both reports are heard because at the end of both committees' studies,they held joint meetings because they were so related. Lambert said in 2001 a survey indicated that a significant number of citizens expected the City to update and renovate existing facilities to keep them to standards.He said in order to follow the Council's direction to the Parks Commission,the Commission appointed the Community Center Improvement Study Committee that approved the Community Center Concept Plan prepared and presented by Del Erickson. Jeff Gerst, chair of the Community Center Improvement Study Committee, gave an overview of the meetings held thus far and introduced Del Erickson who presented architectural drawings of the proposed plan. Tyra-Lukens asked what the proposed pool depth would be. Lambert said it's currently 3 1/2 feet and proposed at 4 feet,but 4 1/2 feet is suggested because starting blocks requirements may change from 4 to 41/2 feet. Tyra-Lukens asked about eliminating seating in the bleacher area of the pool. Erickson said a bench is proposed on the first floor,but the upper level will have 14 CITY COUNCIL MINUTES March 18,2003 Page 9 adequate seating for observing the meets.He said there are two staircases for access to the seating area. Case asked if doors were proposed between the heated pool to the ice rink. Lambert said there would be a glass viewing area between them, and it would be a wall. Tyra-Lukens asked if this falls in line in terms of square footage per capita of where other successful community centers are. Erickson said he designed the Maple Grove community center which serves a similar population quite adequately. B. OUTDOOR POOL FEASIBILITY STUDY Lambert introduced Michael Boland, chair of the Outdoor Pool Feasibility Study Committee, and stated Lyndell Frey and Rob Barrett,Jim Goetz are also in attendance to answer questions. Lambert said the committee started last June. Boland said with the realignment of Valley View Road and the adjustments in the current parking lot,it was determined that the pool and community center could fit on one site. He gave a summary of the committee report and noted that the site is still in the planning stages.He presented a drawing of the proposed layout of the site that included a lazy river tubing area, a six-lane pool 50 meter,tot area, food court and possible expansion areas. • Tyra-Lukens asked Boland to address traffic between the indoor and outdoor pool areas,pool to pool. She also asked where the entry to the outdoor water park is. Boland said discussion still needs to be held regarding entrance because all uses of the facility have not yet been determined. Tyra-Lukens asked if this was being approved tonight in concept only.Neal said expectations now are to have Staff work through the next version of the plan, and what is being approved tonight is only the concept plan. He said he and Lambert would recommend that if Council approves the concept items,the next step would be to do a community survey. Mosman asked if the pool is a warm water,therapy-type pool. Boland said that specific concept was not covered,but there is a zero depth entry for pool areas. Tyra-Lukens asked if the pool would be rented out for meets. Boland said an 8-lane pool would be necessary for meets,but a 6-lane pool was agreed upon. Revenue for a three day weekend swim meet would be about$4,000 compared to about$30,000 for public swim use. He said accommodating all needs would be in everyone's best interest. Case said it may not be time to fund something like this until the City receives an accurate read from the community.He said he'd be comfortable sending this on for community input. Lambert said it would be a waste to do the survey today due to the economy.He said he met with the school board last night and stressed this is a preliminary concept plan. /5 CITY COUNCIL NmvuTEs March 18,2003 Page 10 Lambert said discussions with the school board would be necessary before moving forward. Lambert recommended developing the random sample survey instrument at this time and have it ready to go when the Council thinks the timing is right. Boland said he'd like to note that the total cost to the average taxpayer could be as little as $5.50 per month and encouraged the Council to look at both sides of the issue. Neal said optional financing options, such as a bond issue, could be available. MOTION: Butcher moved to approve the Community Center Concept Plan as prepared by Delano Erickson Architects, and approved by the Community Center Improvement Study Committee and the Outdoor Pool Feasibility Study Committee at the February 18, 2003 joint committee meeting. Seconded by Young, motion carried 5-0. Mark Davis,president of an area swim club, clarified that if a 6-lane 50-meter pool is built, there can never be a competition in that pool because an 8-lane pool is needed for competition. MOTION: Young moved to accept the Pool Study Committee's Report and approve the Community Center site for an outdoor swimming pool, and the concept design for development of an outdoor pool as per the committee report. Seconded by Case, motion carried 5-0. XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER City Manager Scott Neal noted that seating has been rearranged so that the City Attorney is now seated near Staff for discussion purposes as necessary.Neal also announced that U.S. Senator Norm Coleman will be the special guest and keynote speaker at the Board and Commission Recognition and Appreciation Banquet this year on April 23, 2003. 1. Clean Air Task Force Neal noted that discussion took place on February 18, 2003 and there is currently a proposal pertaining to the Clean Air Task Force located in Councilmembers'packets. MOTION: Case moved to approve the proposed model for a Clean Air Task Force. Mosman seconded the motion. CITY COUNCIL MINUTES March 18,2003 Page 11 Neal noted this is a 15-person task force that would have to pass with the majority vote of the Council.He recommended each Councilmember place a person of their choosing on the task force without Council approval, and the names of the remaining members would be submitted by the Mayor and be passed with majority vote of Council. Tyra-Lukens asked if all members would fill out applications.Neal said the particular person of choice by each member would fill out their application after being appointed. Tyra-Lukens asked about requirements for membership. Neal said that was not covered in the proposal. Neal said in addition to the 15 members,two Councilmembers would also serve on the task force as non- voting, ex-officio members. Young said he believed there was discussion at the workshop on Council consensus that they did not anticipate having the task force tackle something such as proposed legislation or recommendations on proposed legislation. Neal clarified that the intent of Item c.)was that the Council would not accept a recommendation that was more stringent than what the State statutes allow. Rosow stated that these are voluntary guidelines and he did not read it in the sense of legislation because it was stated that they be used to guide the task force. Rosow further stated that all task force members need to be residents of the City. Case stated he wanted this to be a positive experience for the task force and so wants to stay away from a sense that this in any way is proposed legislation. Young said the expectations should simply say that the City Council is not looking for proposed legislation. Rosow suggested adding to 4. Expectations: "No recommendations for amendment to the City Ordinance or City Code shall be made by this task force" and also add to f.),the word "voluntary" after"new." MOTION: Case moved to amend the motion to approve the proposed model for a Clean Air Task Force per discussion given to Staff tonight. Mosman seconded the motion. Motion carried 5-0. Vote on the original motion, as amended, carried 5-0. C. REPORT OF PARKS AND RECREATION DIRECTOR Proposed Expansion of Flying Cloud Fields Parks &Recreation Director Bob Lambert said discussions held last year between City staff and representatives from 14 different athletic associations showed the need for soccer,lacrosse, and football fields will continue to grow. Lambert explained how the proposed project would add three regulation soccer Ifr CITY COUNCIL MINUTES March 18,2003 Page 12 fields, three junior size soccer fields and one new(90 foot base path)baseball field and 300 parking spaces. Lambert stated this concept plan has been forwarded to M.A.C. for approval of this land use by the F.A.A. and a response is not expected back until late this year. Case said that to save on impervious surfaces, a partnership with Grace Church should be explored. Lambert replied he would discuss possible partnerships with the Grace Church. Butcher moved, seconded by Case,to approve of the expansion plan for Flying Cloud Ball Fields and to consider the most appropriate method for financing the development of this facility in the near future. Motion carried 5-0. 2. Miller Spring Renovation Process and Budget Parks &Recreation Director Bob Lambert said in 1997 the concept plan was approved by the Council. The work was to be done with the Spring Road expansion,but now the expansion is not coming as far as Miller Spring. The cost estimate from Barr Engineering has increased from$40, 000 to $70,000. The Watershed District was asked to provide permits, the surveying and inspections. City staff believes the majority of this project can be done in- house at a fraction of the cost. Dan Herbst, the developer for the Hennepin Village project,has indicated that he has excess fill on his project that he would donate toward this project providing the timing works. Case asked what happens if the water becomes undrinkable. He stated it is important to have convertibility if the water is undrinkable. Lambert explained there is an underground pipe that would take the water from the spring pipe into the creek. The water could come up into rocks and run into the creek or fill the trough and spill over to run out into the creek. He noted that ice could be a problem in the winter. Lambert recommended a change to the plan to delay the heated horse trough because of its $13,000 cost. Following discussion on horse trough design and possibly funding the historic design of the trough through the Eden Prairie Foundation, Councilmembers agreed to seek alternative funding for the trough. MOTION: Mosman moved, seconded by Case,to approve improvements including the horse trough,to Miller Spring with direction to Staff to seek funding for the heated horse trough element that will be part of the design. Motion carried 5-0. 19 CITY COUNCIL MINUTES March 18,2003 Page 13 3. Recommendation for a Community Survey Parks &Recreation Director Bob Lambert said Staff is recommending prior to any decision on a referendum that a survey be conducted to see what issues the public would support. Lambert said the City has used professional services that develop non-leading questionnaires that are extremely accurate in predicting what would be approved in a referendum. MOTION: Young moved to approve contracting for a random sample survey to determine what, if any,projects would be approved in a referendum at this time. Seconded by Case, motion carried 5-0. 4. Recommendation for 2003 Trails Projects Parks &Recreation Director Bob Lambert said the City Council has budgeted $125,000 per year for trail projects. Each project will come back to the Council for final approval. He stated the majority of the projects are done in-house. MOTION: Young moved, seconded by Butcher, to approve the proposed schedule for the trail projects identified for 2003, including: • County Road 1 from Staring Lane to Staring Lake Parkway • Trail to Bryant Lake Park from Bryant Lake Drive • Crestwood Park Trail Connection • Purgatory Creek Recreation Area Trail • Birch Island Woods Parking Lot and Trail Improvement • Rice Marsh Lake Trail Connection • Edenvale Boulevard Trail Improvements • Andersons Lakes Parkway Trail from Franlo Road West to the Underpass Motion carried 5-0. 5. Staring Lake Archery Range Parks &Recreation Director Bob Lambert said the funding for this project has been set aside for six years in the parks capital improvement program with costs estimated to be$30,000. Lambert gave the history of archery in Eden Prairie. Initially the archery range was located in Staring Lake Park. The archery range is now located where the Flying Cloud ball field expansion has been approved. The archery range is used for archery classes, competition archers and bow hunters. Lambert said funding for this archery range should be justified. Case suggested a user fee system for the archery range. Councilmembers discussed how the need for an archery range could be assessed, since there is no public request for this facility. dQ CITY COUNCIL MINUTES March 18,2003 Page 14 MOTION: Case moved, seconded by Butcher,to table indefinitely approval of construction of the Staring Lake Archery Range.Motion carried 5-0. D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 10:00 p.m. CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: Approve Second Public Works Service Area Reading of an Ordinance Amending City Code ITEM NO.: Leslie Stovring Section 11.51 Relating to Standards for Through Eugene Dietz Protection of Wetlands and Adopt Resolution V H f, 4. Approving Summary Ordinance for Publication Requested Action Move to: Approve second reading for amendment of City Code Section 11.51—Standards for the Protection of Wetlands. Adopt Resolution Approving Summary Ordinance for Publication Synopsis The amendment to the City Code incorporates changes to address the following. 1. Adoption of Local Government Unit(LGU) status for the Lower Minnesota River Watershed District. The City Council adopted LGU status on September 17,2002 as the District did not have the resources or staff to provide Wetland Conservation Act(WCA)review. 2. Revisions to the WCA in 2002. This is primarily in response to a number of definition changes within the WCA. 3. Miscellaneous issues that have arisen during day to day application of the ordinance. These are generally what would be defined as housekeeping items. Background Information The first reading for the Ordinance was on March 18,2003. Minor editorial changes were made to the ordinance since that time. Attachments . Wetland Summary Resolution Wetland Ordinance Summary City Code Section 11.51 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2003 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2003 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of March,2003. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. -2003 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. -2003, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. -2003 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on April 1, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A SUMMARY OF ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION OF WETLANDS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2003. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. Application. The amendment is in response to the City's adoption of Local Governmental Unit (LGU) status for Lower Minnesota River Watershed District, revisions in state statute and general housekeeping issues. Definitions. Native Vegetation and Weeds definitions were clarified. Wetland Alteration,Wetland Plan, and Wetland Type definitions were added. General Provisions. Changes to the General Provisions included changes to the wetland and wetland buffer strip requirements for wetland delineation and wetland buffer strip reporting and function and value determinations. Wetland Buffer Strips and Setbacks. The need for a Vegetation Management Plan for work within the wetland,wetland buffer strip and/or Conservation Easement is introduced. This plan must maintain both the wetland and wetland buffer strip standards found in the City Code. Vegetation Performance Standards. Vegetation performance becomes the responsibility of the property owner after the Developer requirements are completed(two full growing seasons after development). Special Requirement for Lower Minnesota River Watershed District. Special provisions applicable to the Lower Minnesota River Watershed District were added for wetland alteration,wetland replacement,wetland restoration or wetland bank plans and fees and bonding requirements are established. Effective Date. This Ordinance shall take effect upon publication ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION OF WETLANDS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 11-Section 11.51 entitled"Standards for the Protection of Wetlands" is amended as follows: SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd. 1. Preamble This Code hereby incorporates by reference the Wetlands Conservation Act[Minnesota Statutes 103G.221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. All wetlands,as defined in Section 11.51,Subd.3 of this Code,including those governed by the Department of Natural Resources,are covered by this Code. Standards outlined in this ordinance have precedence over WCA in situations where the City ordinance is more restrictive than WCA. In unique situations where the physical characteristics of a specific parcel of land preclude the strict enforcement of these regulations,alternatives to these standards are established in Section 11.51, Subd.7 of this Code. Subd.2. Purpose Through the adoption and enforcement of this Code,the City shall promote the general health,safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. It is the intent of this ordinance to avoid the alteration and destruction of wetlands. Through the implementation of this Code,the City seeks to accomplish the following purposes: 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; • 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands,lakes and streams,thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards;and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. 5 Snbd.3.Definitions. The following terms,as used in this Section,shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02: A. "Applicant"—The"Applicant"means the person submitting a Development Application to the City. B. "Bog"—A"Bog"is a Type 8 Wetland as defined by U.S.Fish and Wildlife Circular 39. C. "City Manager"—The"City Manager"means the City Manager or his/her designee." D. "City Wetland Map" — The "City Wetland Map" is referenced as the City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland, lake and stormwater pond conditions change. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. E. "Development Application"—"Development Application"includes but is not limited to applications for Land Development, Site Plan Review,Planned Unit Development,rezoning,platting,land alteration, Wetland Banking,Wetland Mitigation,Wetland Replacement or Wetland Restoration. F. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems. G. "MinRAM"—The Minnesota Routine Assessment Methodology(MinRAM)as referenced in Minnesota Rules 8420. MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include floral diversity and integrity, wildlife habitat; water quality protection; flood & stormwater attenuation; recreation, aesthetics, education & science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses. H. "NURP Pond"—A stormwater pond constructed to meet National Urban Runoff Program (NURP) requirements. I. "Public Value Credit(PVC)"—Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement. J. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. K. "Scientific or Natural Area"—"Scientific or Natural Area"means an area designated by local,state or federal action as providing unique qualities such as recreational, scientific or educational uses. This would include,but is not limited to areas that: • have resources restored for specific purposes, such as water quality improvement, wetland mitigation or wildlife habitat, • have a direct hydrologic association with a designated trout stream, • border the Minnesota River, • Are recognized as an Outstanding Resource Value Water(Minnesota Rules Chapter 7050), • are within an environmental corridor identified in a local water management plan, • are part of a sole-source aquifer recharge area, • provide endangered species habitat,or • have biological communities or species that area listed in the Natural Heritage inventory database. Page 2 L. "Structure"—A"Structure"means a Structure as defined in Section 11.02,56 of this Code. M. "Vegetation,Native"-Plant species indigenous to or naturalized to the State of Minnesota??or plant species classified as native in the Minnesota Native Plant Database (Minnesota Dept. of Natural Resources,2002 or as amended). Native vegetation does not include Weeds. N. "Weeds"-Weeds are(i)noxious weeds as defined and designated pursuant to the"Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or (ii) any volunteer plants,such as but not limited to spotted knapweed(Centaurea maculosa)or burdock(Arctium minus). For the purposes of this definition,weeds do not include dandelions or clover. The City Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. O. "Wetland"-Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition,wetlands must: • have a predominance of hydric soils; • be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and • under normal circumstances support a prevalence of hydrophytic vegetation. P. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland or wetland buffer strip in regards to size,depth or contour;dredging;tilling;ditching;or changes in vegetation. Alterations would not include wetland plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules 1050.0730 to 1050.0750, unless within a Conservation Easement in which case submission of and approval of a Vegetation Management Plan from the City is required. Q. "Wetland Buffer Strip" -An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention,has the characteristics of a Buffer as defined in Section 11.02,7, "Buffer". R. "Wetland Plan"—A"Wetland Plan"includes,a summary of all work items to be completed in relation to • any wetland alteration or wetland or wetland buffer strip restoration,replacement,or construction and the estimated cost for each item. Work items include, but are not limited to, wetland buffer strip monument purchase and installation,Weed control,landscaping within the wetland or wetland buffer strip,wetland and wetland buffer strip monitoring or any items determined to be incomplete during the development review process. S. "Wetlands,Exceptional Quality"-Exceptional Quality wetlands have an exceptional floral diversity and integrity function, based on the results of MinRAM. They contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level fluctuation. T. "Wetlands,High Quality"-High quality wetlands have a high floral diversity and integrity function, based on the results of MinRAM,and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species maybe present Page 3 and species dominance may not be evenly distributed among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity,wildlife habitat and ecological stability. U. 'Wetlands,Moderate Quality"-Moderate quality wetlands have a moderate floral diversity and integrity function,based on the results of MinRAM. They have a slightly higher number of plant species present than low quality wetlands,often with small pockets of indigenous species within larger areas dominated by invasive or exotic species. Their relatively greater species diversity results in slightlybetter wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences and therefore,tend to be of a higher aesthetic quality than low quality wetlands. V. "Wetlands,Low Quality"-Wetlands included in this category have a low floral diversity and integrity function,based on MinRAM,and have been substantially altered by agricultural or urban development that caused over-nitrification,soil erosion,sedimentation and water quality degradation. As a result of these factors these wetlands exhibit low levels of plant species diversity;overcrowding and dominance of such invasive species as reed canary grass and purple loosestrife;and a related reduction in the quality of wildlife habitat.These wetlands may also tend to exhibit extreme water level fluctuations in response to storms and show evidence of shoreline erosion.These wetlands do provide for water quality and serve an important role in protecting water quality downstream. W. "Wetland Type"—The"Wetland Type"will be determined in accordance with United States Fish and Wildlife Service Circular No. 30(1971 Edition)and/or Minnesota Rules 8420. For wetlands greater than 40 acres in size,the overall wetland type shall be one of the following: .1. The wetland type with the deepest water regime within the wetland and within 300 feet of the impact, 2. The wettest dominant water regime if is greater than 20%of the wetland types present within the wetland,or 3. Other method pre-approved in writing by the City Manager or his/her designee. For wetlands less than 40 acres in size, the overall wetland type shall be the wetland type with the deepest water regime within the entire wetland. X. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state. Y. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or wetland buffer strips on the property. Z. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. AA. "Yard-Rear"—The portion of a Yard between the rear lines of the building and the rear line of the lot, for the full width of the lot. BB. "Yard-Side"—The portion of a Yard between the building and the side lot line,and extending from the front lot line to the furthest extent of the rear lot line. Page 4 Subd. 4. General Provisions — Identification, Delineation, Mitigation, Testing and Reporting Requirements. A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required by this Code. Wetlands shall be subject to the requirements established herein,as well as restrictions and requirements established by other applicable Federal, State,and City ordinances and regulations.These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland is located. This Code establishes four wetland classifications as defined in Section 11.51, Subd. 3 of this Code;Exceptional Quality,High Quality, Moderate Quality,and Low Quality. B. Additional requirements for wetland identification,delineation,mitigation,testing and reporting within the Lower Minnesota River Watershed District(LMRWD)shall be in accordance with the requirements outlined in Section 11.51,Subd. 12 of this Code as well as those set forth below in Subd.4 C through I. C. The presence or absence of a wetland on the City Wetland Map does not represent a defmitive determination as to whether a wetland covered by this Code is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of the Code. It is the responsibility of the Applicant to determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. It is the responsibility of the Applicant to delineate and document the wetland boundary of wetlands on the subject property in accordance with WCA requirements ("Wetland Delineation Report") and to evaluate the wetland buffer strip in accordance with Section 11.51,Subd.9 of the City Code(Wetland Buffer Strip Evaluation Report). The Wetland Delineation Report and Wetland Buffer Strip Evaluation Report shall be valid for a period of no more than 3 years from the date of the field delineation for these reports. An Applicant shall not be required to delineate wetlands on adjacent property. However,an Applicant shall be required to review available information,including but not limited to the City Wetland Map, County Soil Survey Map,U.S.Fish and Wildlife Service Wetland Maps,and visual information such as the presence of wetland vegetation and hydrologic evidence which can be viewed from the subject property,to estimate the wetland boundary. D. Written documentation identifying the presence or absence of wetlands on the property,including all Wetland Delineation Reports and Wetland Buffer Strip Evaluation Reports,must be provided to the City by the Applicant with the Development Application. It is the responsibility of the Applicant to contact the City to obtain a wetland or water body identification number and any information regarding the documented wetland,including any existing MinRAM information,for inclusion in any documentation provided to the City by the Applicant. The Applicant must also contact the City to obtain a water body identification number for any existing or proposed stormwater or NURP pond within the Development. E. A determination of the function and value of the wetland(s)using the most recent version of MinRAM or other approved assessment methodology under Minnesota Rules 8420 must be completed by the Applicant: 1. For wetlands which are not identified on the City Wetland Map; 2. For wetlands for which the Applicant's wetland information is significantly different in function, size or position from the City's assessment;or 3. If required by the City Manager or his/her designee. Page 5 The MinRAM assessment must be submitted to the City with the Wetland Delineation Report. F. Water quality testing results must be provided by the Applicant for any Development Application involving a wetland buffer strip of less than 100 feet for wetlands of exceptional quality which contain standing water during the growing season. One water sample must be collected from the surface water (within the upper 12 inches of water)and analyzed by an accredited laboratory for pH,conductivity, total phosphorus, soluble reactive phosphorus, total dissolved solids, total suspended solids and chlorides. The water quality testing results must be submitted to the City with the wetland delineation report. G. For Development Applications involving wetland alteration, the Applicant must provide written documentation to the City with the Development Application regarding the avoidance and minimization efforts used to avoid or minimize impact upon the wetland. Conceptual Wetland Replacement or Wetland Banking Plans for any proposed impacts that require replacement under WCA or U.S.Army Corps of Engineers regulatory programs must also be provided to the City by the Applicant with the Development Application. It is the responsibility of the Applicant to contact the City to obtain a wetland identification number for use in the Wetland Replacement,Wetland Restoration or Wetland Banking Plans for any replacement wetlands constructed within the City. Final Wetland Replacement,Wetland Restoration or Wetland Banking Plans must be submitted to the City for review and approval prior to release of the final plat or,if there is no plat approval involved,the first building permit for the entire subject property. H. If the Applicant disputes whether a wetland exists or its classification,the Applicant has the burden to supply detailed information supporting the Applicant's assertion. This includes,but is not limited to, historical aerial photography,topographic,hydrologic,floristic and/or soil data deemed necessary by the City or Local Governmental Unit(LGU)under the WCA to determine the jurisdictional status of the wetland,its exact boundary and its classification. I. Wetland Buffer Strip Evaluation,Wetland Delineation Reports and Wetland Banking Plans supplied by the Applicant shall be prepared by a qualified wetland delineator in accordance with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S.Army Corps of Engineers or the Minnesota Board of Water and Soil Resources or,in the absence of such certification,are determined by the City Manager to be a qualified wetland delineator. Subd.5. General Standards The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: A. Structures intended to provide access to or across a wetland shall be prohibited unless a permit is obtained in conformance with Minnesota Statutes and applicable state rules and regulations. B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process. In addition,the Applicant shall follow the regulations set forth in City Code Section 11.55,Subd.6. C. The manner in which storm water is routed through a natural wetland will be designed in accordance with the following hydroperiod standards to avoid water level fluctuations to the wetland during storm and snow-melt runoff events. The standards have been adapted from the State of Minnesota's Storm- Water Advisory Group's "Storm Water and Wetlands: Nanning and Evaluation Guidelines for Page 6 Addressing Potential Impact of Urban Storm Water and Snow-Melt Runoff on Wetlands". Scientific or Natural Areas and Bogs shall be governed by the Exceptional Quality Wetland Standards stated below. Hydroperiod Standard Exceptional High Quality Moderate Quality Low Quality Quality Wetlands Wetlands Wetlands Wetlands Storm Bounce Existing Existing plus 0.5 Existing plus 1.0 No limit feet feet Discharge Rate Existing Existing Existing or less Existing or less Inundation Period for 1 Existing Existing plus 1 Existing plus 2 Existing plus 7 &2 year precipitation day days days event Inundation Period for 10 Existing Existing plus 7 Existing plus 14 Existing plus 21 year precipitation event days days days &greater Run-out control elevation No change No change 0 to 1.0 feet above 0 to 4.0 feet (free flowing) existing run out above existing run out Run-out control elevation Above Above delineated Above delineated Above delineated (landlocked) delineated wetland wetland wetland wetland D. Where a wetland buffer strip is required,the Applicant shall: (i) Before the City releases the final plat or,if there is no plat approval involved,the first building permit for the entire subject property,submit to the City Manager and receive the City Manager's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The easement must describe the boundaries of the wetland and wetland buffer strips, monuments and monument locations and prohibit any Structures,paving,mowing,introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or the wetland. (ii) Before the City releases the first building permit for the entire subject property, (a) submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder's/Registrar of Titles'office, (b) submit a duplicate original of the easement document executed and acknowledged and otherwise in form and substance acceptable for filing with the Hennepin County Recorder/Registrar of Titles office and, (c) install the wetland monumentation required by Section 11.51, Subdivision 8 of this ordinance. E. All Yards shall be sodded or seeded and mulched. All open areas within the wetland and/or wetland buffer strip shall be seeded and/or planted in accordance with Subdivision 9(C). All sodding,seeding or planting must be completed prior to removal of any erosion control. If construction is completed after the end of the growing season, erosion control shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter season. Variances for sod outside of the wetland buffer strip areas,in accordance with City Code Section 9.71, shall be considered on a case by case basis. Page 7 Subd.6. Wetland Buffer Strips and Setbacks A. For a Lot of record or a Development Application approved by the City Council after February 1,2000, the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands and all stormwater or NURP ponds which are constructed as part of a wetland mitigation plan or Public Value Credit as part of an approved wetland mitigation plan. The setback and wetland buffer strip provisions of this Code shall not apply to a Lot of record as of February 1,2000 or for Development Applications for which site plans,preliminary plats,final plats or planned unit development plans have been approved by the Community Planning Board or City Council prior to this date. The City does however,strongly encourage the use of a wetland buffer strip and setback on all lots in the City. B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland or stormwater pond is on the same parcel as a proposed Development Application. For parcels in which the wetland or stormwater or NURP pond is on an adjacent parcel,the setback and wetland buffer strip requirements for the parcel shall be reduced by the distance between the property line of the parcel and the wetland or stormwater pond on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. C. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in Section 11.51,Subd.9. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51, Subd. 8. D. Alterations, including but not limited to building, paving, mowing, introduction of non-native vegetation,cutting,filling,dumping,yard waste disposal or fertilizer application,are prohibited within the wetland and wetland buffer strip. However,non-native vegetation, such as European buckthorn, purple loosestrife and reed canary grass,or dead or diseased trees that pose a hazard may be removed as long as a Vegetation Management Plan is submitted to the City for review and written approval. The Vegetation Management Plan must maintain the wetland and wetland buffer strip standards found in Section 11.51, Subd. 9 or as required by the City Manager or his/her designee. The Vegetation Management Plan form must be obtained from the City. Alterations do not include native plantings that enhance the native vegetation, unless within a Conservation Easement in which case submittal and approval of a Vegetation Management Plan from the City is required. E. For roadways or other Structures where the City determines that there is no practical alternative except to be aligned either adjacent to or across wetlands,additional wetland filling to create a wetland buffer strip shall not be required. Trails that are intended to serve an interpretive function are also exempted from the wetland buffer strip requirement. All other areas and Structures,including roadways and trails shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance is preferred. F. An existing structure,driveway or parking area would be considered a legal nonconforming structure if a later WCA delineation shows that the wetland is closer than the required setback. Page 8 Table 1-Wetland Buffer Strips and Setbacks Exceptional High Moderate Low Wetland Buffer Strip(Minimum Width) 50' 50' 25' 25' Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15' Total Minimum Distance from Wetland 65' 65' 40' 40' * The wetland buffer strip width for stormwater ponds utilized as mitigation credit shall be measured from the Ordinary High Water Level(OHWL)of the pond. Subd.7. Alternative Wetland Buffer Strips and Setbacks With Extraordinary Management Measures A. Recognizing that there are instances where,because of the unique physical characteristics of a specific parcel of land,alternative wetland buffer strips may be necessary to allow for the reasonable use of the land, the alternative wetland buffer strip standards set forth below may be applied based on an assessment of the following: 1. Undue hardship would arise from not allowing the alternative, or would otherwise not be in the public interest, 2. Size of the parcel, 3. Configuration of existing roads and utilities, 4. Percentage of parcel covered by wetlands, 5. Configuration of wetlands on the parcel,and 6. Results of the water quality testing provided pursuant to Subdivision 4(E). B. The appropriateness of using the alternative standards will be evaluated as part of the review of the Applicant's Development Application. An Applicant must receive City Council approval to use the alternative standards. The alternative used must be within the spirit and intent of this Code. C. In instances where alternative wetland buffer strip standards are approved for a wetland,the Applicant will be required to apply extraordinary management measures during and for two years after construction to control erosion,sedimentation and nutrient loading which may affect the wetland. Dual-silt fencing is the recommended measure. Dual silt fencing will be considered properly installed if the up-slope fence is installed on the undisturbed edge of the wetland buffer strip and the down-slope fence is installed 5 to 6 feet into the unscarified wetland buffer strip. Silt fence must be placed outside of the wetland. An Applicant must demonstrate that alternatives to the recommended measures to control erosion, sedimentation and nutrient loading will limit dissolved phosphorus concentration to one milligram per liter(mg/1)or less.Extraordinary management measures that may be permitted in conjunction with and up-slope from the above wetland buffer strip and setback requirement include,but are not limited to, measures that add redundant protections to normally required Best Management Practices. D. Where alternative wetland buffer strip standards are approved, wetland buffer strips and structure setbacks shall meet the standards established in Table 2 below. Page 9 Table 2-Alternative Wetland Buffer Strips and Setbacks,With Extraordinary Measures Exceptional High Moderate Low Wetland Buffer Strip(Mininum Width) 35' 30' 15' 10' Average Wetland Buffer Strip Width 50' 45' 20' 15' Structure Setback(from Wetland Buffer Strip) 15' 15' 15' 15' Total(Average)Distance from Wetland: 65' 60' 35' 30' E. An Applicant shall be responsible for submitting with the Development Application all of the necessary information to document that the proposed extraordinary construction and stormwater management practices will meet or exceed the performance of the required wetland buffer strips and setbacks. An Applicant also has the burden of proving that the purpose and objectives of this Code will be met through the use of these Extraordinary Management Practices. Subd.8. Monumentation A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional posts shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required,monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be of a material approved by the City Manager,such as a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4"). The sign shall be mounted flush with the top of the post and shall state"Wetland Buffer:No Mowing Allowed"or"Wetland Buffer:Vegetation Clearing Limit". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. Subd.9. Vegetation Performance Standards A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas,the retention of such vegetation in an undisturbed state is required unless an Applicant receives approval to replace such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: 1. has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years, or 2. has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 5 consecutive years,or 3. contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least 5 consecutive years. B. Notwithstanding the performance standards set forth above in Subdivision 9(A),the City Manager may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if: 1. it is composed of Weeds(including,but not limited to common buckthorn,purple loosestrife,leafy spurge and/or noxious weeds as defined by Minnesota Statutes, Sections 18.76-18.88), or 2. has topography that tends to channelize the flow of surface runoff,or 3. for some other reason it is unlikely to retain nutrients and sediment. Page 10 / / C. Where wetlands and/or wetland buffer strips, or a portion thereof; are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application,such areas shall be re planted and maintained. The wetland and wetland buffer strip plantings must be identified on the Development Application. The wetland and wetland buffer strip landscaping shall be according to each of the following standards: 1. Planted with a seed mix containing 100 percent perennial native vegetation,except for a one-time planting of an annual nurse or cover crop such as oats or rye. 2. Seed mix used shall be broadcast at a minimum rate of 30 pounds per acre. The annual nurse or cover crop to be used shall be applied at a minimum rate of 20 pounds per acre. The seed mix shall consist of at least 12 pounds pure live seed(PLS)per acre of native prairie grass seed and 3 pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than five(5)native prairie grasses and fifteen(15)native forb species. The Minnesota Department of Transportation Mix for prairie sedge and prairie meadow areas,Mixture 25A Modified(25B or 26B)or other alternative pre-approved by the City Manager can be used to meet these requirements. Applicants may obtain from the City a set of Native Wetland&Buffer Area Seeding Guidelines for wetland buffer strips that meet City requirements. 3. Native shrubs may be substituted for native forbs. All substitutions must be pre-approved by the City Manager. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted by a qualified contractor. The method of application and determination of the contractor's qualifications shall be made by the City Manager. It is the responsibility of the Applicant to have the contractor and method used approved by the City Manager prior to planting or seeding. 6. No fertilizer shall be used in establishing new wetland buffer strips,except on highly disturbed sites when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the City Manager. 7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland and wetland buffer strips(both natural and created),shall be protected by erosion control during construction in accordance with Section 11.51, Subd. 7. 9. The erosion control shall remain in place until the area crop is established. D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code both during development and for two full growing seasons after completion of the development. During this time,the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. E. After the second full growing season following completion of the development,if the condition of the wetland and/or wetland buffer strip changes, the Applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section 11.51, Subd. 9 of this Code. Instead,the property owner on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland and/or wetland buffer strip after the second full growing season following completion of the development and must: Page 11 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing,cutting,grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in Section 11.51, Subd. 9 of this Code in the wetland and wetland buffer strip,including the removal of all Weeds,unless allowed otherwise in writing by the City Manager or his/her designee. 3. Ensure that all soil surfaces in buffer areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a"no mow"area. Subd. 10. Encroachment in Required Setback and Wetland Buffer Strip Areas A. Wetlands and wetland buffer strips must be kept free of all Structures. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing by the City Manager for maintenance' practices. The acceptability of the proposed maintenance practices shall be made by the City Manager. B. No more than ten percent(10%)of the Structure Setback area maybe occupied by any Structures. C. Variances/Waivers (i) Only variances meeting the standards and criteria set forth in Section 11.76,Subd. 1 and waivers approved pursuant to Section 11.40,Subd.8 for a Planned Unit Development(PUD)process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Community Planning Board and the City Council. (ii) Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 11.51. Subd. 11. Performance Bond Required. If a Development Application includes wetland alteration, wetland or wetland buffer strip landscaping or construction of a wetland buffer strip the Applicant must file with the City Manager or his/her designee prior to release of the final plat,or,if there is no plat approval involved,prior to the first building permit for the entire subject property,a performance bond,cash escrow or letter of credit with a corporation approved by the City Manager,as surety thereon,or other guarantee acceptable to the City Manager and in an amount determined by the City Manager as set forth below: A. Amount-The amount shall be for no less than one and one-half(1 1/2)times the amount estimated by the City Manager as the cost of completing a Wetland Plan for restoration and/or correction of the wetland and/or wetland buffer strip. The performance bond must cover two complete growing seasons following completion of the development and must be conditioned upon complete and satisfactory implementation of the approved wetland buffer strip landscape plan or Vegetation Management Plan and final inspection of the wetland buffer strip by the City. B. Submittals — The Applicant shall provide one copy of a signed contract with an environmental consultant to monitor annual compliance and certify fmal completion of the wetland buffer strip requirements after the end of the second full growing season after completion of the development. C. Form of Application—The performance bond,cash escrow,letter of credit or other guarantee acceptable to the City Manager shall be posted within 10 days of approval of the Development Application and prior to the commencement of the Development or the preparations thereof. Page 12 Subd.12 Special Requirements for Lower Minnesota River Watershed District The following provisions apply to the Lower Minnesota River Watershed District(LMRWD),for which the City of Eden Prairie is Local Government Unit(LGU). A. Wetland Alteration, Wetland Replacement, Wetland Restoration or Wetland Bank Application — Application for a wetland alteration,wetland replacement,wetland restoration or wetland bank permit (Application)shall be made in writing to the City. The Application shall set forth the location and plan for the proposed project. The approval of the Application shall be valid for a period of no more than three years. If the work has not begun within three years of the date of the approval of the Application, the approval shall be void. The Application shall also include: 1. The name and address of the person(s)applying for the permit. 2. The name and address of the owner(s)of the land where the project will occur. 3. The estimated period of time within which the project will be conducted. 4. A topographic map of the proposed project area(s)to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals. The map shall also show: a. The property,and a minimum of 50 feet of land abutting the property,as it exists prior to the proposed land alteration. b. The proposed ground elevation contours at 2 foot intervals on the property when the land alteration is completed. c. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. 5. Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet prepared by a registered engineer that includes appropriate drainage calculations,proposed contours of the land when the project is complete and erosion control to be used during construction. 6. Landscaping or revegetation plan at the same scale as the topographic map. 7. Such other information as may be necessary to evaluate the proposed wetland alteration,wetland replacement and/or wetland banking plans. B. Reference Photographs—Reference photographs will be required within 4 weeks from completion of the grading and/or landscaping. Reference photographs must be taken during July or August during of each monitoring period described in Minnesota Rules 8420. C. Wetland Replacement or Wetland Bank Plan Approval-Wetland Replacement or Wetland Bank Plans shall be allowed subject to approval by the City Council as recommended by Staff. D. Fees—Applications for a Wetland Alteration,Wetland Replacement,Wetland Restoration or Wetland Bank Plan shall be accompanied by deposit of a non-refundable fee in such amount as determined by the City Council and fixed by resolution.. The deposit,or a portion thereof,will be refunded after final City Council action on the Development Application if the total sum is greater than the administrative review cost,which may include,but is not limited to: 1. Consultant fees assisting in City review. 2. City staff time expended in review of the Application. 3. Mailing,legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Page 13 3 / Full payment of the fees and/or deposit must be made by the Applicant prior to consideration of the Development Application. E. Performance Bond—The performance bond,cash escrow or letter of credit required in Section 11.51, Subd. 11 shall include costs associated with the WCA requirements for wetland alteration, wetland replacement,wetland restoration or wetland bank projects,including but not limited to construction and annual monitoring for a minimum period of 5 years. The performance bond,cash escrow or letter of credit shall be extended beyond the required monitoring period for up to an additional five-year period if,in the written opinion of the Technical Evaluation Panel,the goal of the replacement plan has not been achieved but may be achieved with more time. Wetland quality will be considered when establishing the performance bond requirements. The amount of security shall be 150%of the estimated cost to complete the scope of work associated with the Wetland Plan, wetland restoration, wetland mitigation,wetland replacement and/or wetland bank plan. Section 2 — Pursuant to Minnesota Statutes Section 103G.2243, the City Council adopts a Local Comprehensive Wetland Protection and Management Plan which has been prepared under the requirements of Minnesota Rules,Chapter 8420. Section 3—City Code Chapter 1,entitled"General Provisions and Defmitions Applicable to the entire City Code Including Penalty for Violation"and Section 11.99,entitled"Violation a Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein. Section 4-Effective Date -This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of March,.2003 and fmally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2003. Kathleen Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on the day of ,2003. Page 14 F CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT IDIVISION: ITEM DESCRIPTION: I.C. 94-5369 ITEM NO.: Engineering Division Approve Plans and Specifications and Order Rodney W.Rue Advertisement for Bids for the Landscape V I6 Eugene A. Dietz Project Associated with the CSAH 1 (Pioneer Trail)Project Requested Action Move to: Adopt resolution approving plans and specifications for the landscaping project associated with the CSAH 1 (Pioneer Trail)project. Synopsis This project will provide the landscaping mitigation as outlined in the Construction Cooperative Agreement with Hennepin County for the CSAH 1 (Pioneer Trail) project from TH 212 (Flying Cloud Drive) to Hennepin Town Road. As defined in the Agreement, the City of Eden Prairie is responsible for the design and administrative costs for the landscaping project. Hennepin County is responsible for the construction cost of the project, which is estimated at approximately $304,000. Our share for consultant design services is about $65,000. We propose to use State Aid for our share. Background Information These landscaping plans were developed with the help of a neighborhood task force. There will be median plantings near Purgatory Creek, which the City of Eden Prairie will be required to maintain. All other plantings will be on private property where the homeowners will ultimately be responsible for maintenance. Attachments 39 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer with the assistance of SEH, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 94-5369—CSAH 1 (Pioneer Trail)Landscaping and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., April 24,2003, at City Hall after which time they will be publicly opened by the City Clerk, will then be tabulated, and will be considered by the Council at 7:00 P.M., Tuesday, May 6, 2003, at the Eden Prairie City Hall,Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5%(percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 1,2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk `T� CITY COUNCIL,AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 03-5590 ITEM NO.: Engineering Department Approve Plans and Specifications and Order Randy Newton Advertisement for Bids for the Southwest Station Traffic Signal Improvements Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 03-5590, Southwest Station Traffic Signal Improvements. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for a new traffic control signal system at the easterly intersection of Southwest Station and Technology Drive and for traffic signal phasing modifications at the Prairie Center Drive and Technology Drive signal. Background Information The Developer's Agreement for the approved Southwest Station development project indicates that the developer is responsible for designing and constructing a new traffic signal on Technology Drive at the Main Southwest Station Entrance. A petition, received from North American Properties, requesting the City complete the work on a special assessment basis was approved at the December 17th, 2002 City Council meeting. Financial Implications The anticipated construction costs for the project is $175,000 to $200,000. These costs together with a standard City administrative fee of 9 percent and interim financing is expected to result in a total project cost of $200,000 to $250,000, which will be fully assessed to the Southwest Station development project in accordance with the approved Developer's Agreement. -/ / CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. WHEREAS, the City Engineer through SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 03-5590 Southwest Station Traffic Signal Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m. on April 24, 2003, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:00 p.m., Tuesday, May 6, 2003, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 1, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk Lf 09--- CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5527 ITEM NO.: Engineering Services Approve Professional Services Agreement with SRF Randy Newton for the final design and construction administration , /' 1 , of the TH 212/Prairie Center Drive Intersection Improvements Project. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the final design and construction administration of the TH 212 / Prairie Center Drive Intersection Improvement Project. Synopsis The TH 212 (Flying Cloud Drive) / Prairie Center Drive Intersection Improvement Project was submitted and selected for inclusion in the Mn/DOT FY 2004 Municipal Agreement Program. As a result, and in order to order to move forward with the project City staff has obtained a proposal from SRF for the final design and construction administration of the project. The current schedule for the project is to begin construction in early 2004. Background Information The TH 212 (Flying Cloud Drive) / Prairie Center Drive Intersection Improvement Project was submitted to Mn/DOT for inclusion in the FY 2004 Municipal Agreement Program in October 2002. In January Mn/DOT selected the project for inclusion in the program and identified a maximum contribution of$540,000. In order to receive the funding the project must be let by June 30th, 2004. In previous work on the project city staff, working with SRF, obtained a Mn/DOT staff approved layout for the project. The TH 212 (Flying Cloud Drive) /Prairie Center Drive project will increase the capacity of one of the most congested intersections in the City by providing additional turn lanes. The importance of this intersection to the City's transportation system along with the problems associated with its poor operation make its improvement one of the highest priorities in our system. Financial Implications The preliminary cost estimate for the TH 212 / Prairie Center Drive Intersection Improvement is $1,660,000. The estimate includes approximately $1,100,000 for roadway construction, $210,000 for design services, $120,000 for construction administration and $230,000 for right-of-way. With the Municipal Agreement Program funding Mn/DOT will contribute up to $540,000 towards the construction costs. The City of Eden Prairie would be responsible for the remainder of the project costs ($1,120,000). The City costs would come from the Major Center Area Construction Fund. Attachments Professional Services Agreement PA CONSULTING GROUP , INC . Transportation•Civil•Structural•Environmental •PIanning•Traffic■Landscape Architecture■Parking Proposal No.P03044 March 19, 2003 Mr.Randy Newton CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr. Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES TH 212 AND PRAIRIE CENTER DRIVE EDEN PRAIRIE IC 01-5527 As requested, we are pleased to submit this proposal for professional engineering services related to the referenced intersection. Our past work on this project included preparation of a layout that was approved by Mn/DOT staff and completion of an Engineer's Estimate based on the layout. This proposal is based on the previously completed layout and Engineer's Estimate. The attached General Conditions will be incorporated into the Professional Services Agreement. SCOPE OF SERVICES Based on our understanding of the project, we have prepared the attached Scope of Services. This scope of services includes providing all engineering design and in-construction services for the key project elements. We have made the following assumptions in preparing our proposal: • The project will be partially funded by Cooperative Agreements Funds from Mn/DOT. • The estimated construction cost is $1.2 million. • One public information meeting will be held. • A construction temporary signal (wood poles) will be necessary to keep traffic flowing through the area during the construction period. • The Work Plan includes survey, design, right-of-way descriptions and acquisition, permits, bidding, construction staking, construction observation and contract administration. • A soils subconsultant will contract directly with the City to provide the necessary subsurface investigation and testing. SRF will coordinate this work. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 • Fax (763) 475-2429 • http://www.srfconsulting.com An Equal Opportur;ity Employer Mr.Randy Newton March 19,2003 Page 2 DELIVERABLES We will deliver the items listed below to the City. • Four (4) copies of the 100% complete construction plans in 11 x 17 format. Construction plans will include a title sheet, general layout, typical sections, construction details, topography and utility plans, roadway plans and profiles, drainage plans, turf establishment and erosion control, pavement marking,proposed signing, traffic signals and inter-connect design, cross sections and a traffic control plan. • Four (4) copies of bound project specifications. • Four (4) copies of the Engineer's Estimate of Cost that includes construction items, units, quantities and average unit bid prices from other similar projects recently constructed. • A compact disc containing all electronic files necessary for reproducing the construction plan set in Microstation format, the project specifications in Microsoft Word format, and the Engineer's Estimate of Cost in Microsoft Excel format. • One (1) set of drainage area maps and hydraulic computations. • One(1) set of construction plans in 22 x 34 mylar format for record drawings. • One (1) set of construction plans in 11 x 17 format for record drawings. We will deliver the items listed below to Mn/DOT. • Fifteen (15) copies of the complete construction plans in 11 x 17 format. • Fifteen (15) copies of bound project specifications. • Two (2) copies of the Engineer's Estimate of Cost. • Two (2) sets of drainage area maps and hydraulic computations. • Two (2)copies of the Soils/Geotechnical report. • Two (2) copies of all right-of-way documentation. • Two (2) copies all approved permits. Mr.Randy Newton March 19, 2003 Page 3 SCHEDULE As requested, we have developed the attached project schedule with the intent of starting construction this year. Using Mn/DOT information on the Cooperative Agreement process, it • appears that the earliest we will be able to start construction would be October of 2003. We will work with the City to accelerate this if so desired, but we do not have control over Mn/DOT and the agreement preparation process. BASIS OF PAYMENT We propose to be reimbursed for our services on an hourly basis for actual time expended at our existing agreed upon rates. Other direct expenses, such as printing, supplies, reproduction, etc. will be billed at cost, and mileage will be reimbursed at the current allowable IRS rate for business miles. Invoices will be submitted on a monthly basis for work performed the previous month. Payment is due within 30 days. The attached Scope of Services breaks out the cost for each of the major tasks. The total estimated fee is $291,108. • CHANGES IN SCOPE OF SERVICES We will not exceed the estimated budget amounts without your approval. It is understood that if the scope or extent of the work changes, the cost will be adjusted accordingly. Before any out of scope work is done, we will submit a budget for the new work and will not begin until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal, or a separate letter of authorization returned to our office, will serve as our notice to proceed. Mr.Randy Newton March 19,2003 Page 4 We sincerely appreciate your consideration of this proposal and look forward to continuing our work with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. /01/164-- J es R. Dvorak,P.E. ice President JRD/bls Attachments: Scope of Services Schedule General Conditions APPROVED: APPROVED: (Signature) (Signature) Name Name Title Title Date Date The cost proposal is valid for a period of 90 days. 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U (B y.. ++ In y0 U O >+ O O O (0 tL6 L as C -C 0 > C C U) Q Cl) 2 2 Q m U 0 CITY OF EDEN PRAIRIE • GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION by Consultant's negligence. 1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by regarding existing and proposed conditions of the site or which, Consultant to enable performance of work without delay or affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable information shall include, but not be limited to site plans, workplace. surveys, known hazardous waste or conditions, previous laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take • reasonable precautions to avoid damage or injury to subterranean 1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or revisions to the Project Information as it becomes available to representatives of Utility Companies. City,its subcontractors or consultants. SECTION 3: SAMPLES 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of Consultant. the work and submission of Consultant's report,which samples shall remain the property of City. Unless otherwise directed by 1:4 Consultant will not be liable for any decision,conclusion, the City, Consultant may dispose of any samples after 30 days. recommendations, judgement or advice based on any inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible to select and arrange for lawful disposal procedures that include SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, 2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost site and assume responsibility for accuracy of markers. plus 15%. 2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS and equipment necessary to perform the work. • 4.1 Consultant will submit invoices to City monthly,and a final 2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents perform the work. Consultant will assist City in applying for as attached. and obtaining such permits and approvals as needed. It is understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill City for City's responsibilities under this section including must include the following signed and dated statement: "I declare signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is forms. just and correct and that no part of it has been paid." 2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing, of the particular item in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item at City's direction,the damage may be corrected by Consultant within ten (10)days and either submits a corrected invoice or a and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct. above,Consultant agrees to be responsible for damage caused City of Eden Prairie General Conditions Consultant Agreement December 2000 c_9 Page 1 of 4 4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the invoice)and is past due sixty(60)days from invoice date. On report. past due accounts,City will pay a finance charge of 1.5%per month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires, uncovers, or generates in the course of performing the work, 4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion, following invoice date, Consultant may deem the default a deem itself required by law to disclose. breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES however,will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive,special or consequential 4.6 City will be solely responsible for applying for and damages or damages for loss of business. obtaining any applicable compensation fund reimbursements from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any requirements,however. Consultant makes no representations delinquent amount City owes under this agreement. or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions from 6.3 If City institutes a suit against Consultant,which is dismissed, reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney negligence. fees,expert witness fees and court costs. 4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed, Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. • SECTION 5: OWNERSHIP OF DOCUMENTS • 6.5 Dispute Resolution 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5.1 Mediation pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter made by others. "claim")between the parties to this Agreement,arising out of or relating to this Agreement or the breach thereof,shall be subject 5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may will be returned to Consultant upon demand and will not be require the dispute be submitted for mediation. If the parties are used by City for'any purpose. unable to agree on a mediator within ten (10) days following a request for mediation,either party may request that a mediator be 5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree pertinent records or reports concerning work and services to share equally all fees incurred in the mediation. performed for a period of at least two(2)years after report is submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8) to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of drawings, logs and reports at cost, plus 15%, for data and mediation, the parties have not resolved the dispute,the parties materials not being provided as part of the scope of work for may agree to extend hours of mediation. the project. 6.5.2 Arbitration 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties City of Eden Prairie General Conditions Consultant Agreement December 2000 Page 2 of 4 60 asserting the same claims entitlement to damages or payment 73 Although data obtained from discrete sample locations will be of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample locations no guarantee arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil, Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the • event any person shall commence an action in any court for time of sample collection may also vary significantly with respect any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control. contract for such construction, the party making a claim in arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the on the claim has commenced) and elect to assert its claim in interpretation of its data or report by others. such action if such party could have done so but for the provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom Consultant is legally responsible. City will indemnify and hold In the event that arbitration services are not available from Consultant harmless from and against demands, damages, and AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and - by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. 6.5.3 Compliance SECTION 9: INSURANCE/WORKER'S The parties deem the dispute resolution procedure as set forth COMPENSATION herein to be an integral and essential part of this Agreement. A parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn. fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage Section 6.5.1 hereof. provided to the City prior to execution of this agreement is current and in force and effect. SECTION 7: STANDARD OF CARE 9.2 Consultant shall procure and maintain professional liability 7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which throughout the "entire" site or facility, Consultant cannot Consultant is legally liable. warrant,represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request. contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION delivery of any warranties, representations, guarantees, or certifications. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the of work, and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of no warranties,representations,guarantees,or certifications will compensation. be made. Except that Consultant warrants that hardware and software will perform as represented in proposal and other parts of this agreement. City of Eden Prairie General Conditions Consultant Agreement December 2000 / Page 3 of 4 (/y(Jy SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE 11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01 performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the consent of the other party, which consent will not be extent the Act is applicable to data and documents in the unreasonably withheld. possession of the Consultant. SECTION 12: DELAYS SECTION 18: DISCRIMINATION 12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed, strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to of a third party, or actions or inactions of City, the time for public assistance,disability,sexual orientation,or age against any performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq., Title VI of the Civil Rights Act of 1964,and the Americans with 13.1 Extra work, additional compensation for same, and Disabilities Act of 1990. extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS extra work or related expenditures. No salaried officer or employee of the City and no member of the SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect, in this contract. The violation of this provision renders the 14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state the Consultant has provided satisfactory evidence to the City statutes shall not be violated. that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral SECTION 15: AUDITS agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or 15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not relevant to this Agreement are subject to examination by the fully expressed herein. City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be Contract. modified only by a written amendment executed by both City and Consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 18.3 This agreement is governed by the laws of the State of 16.1 The Consultant shall pay to any Subcontractor within ten Minnesota. (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. City of Eden Prairie General Conditions Consultant Agreement December2Qp0 Page 4 Page off 4 CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 03-5591 ITEM NO.: Engineering Division Award Contract for Installation of Lime t + Ed Sorensen Slakers at the Water Treatment Plant at 14100 f Eugene A. Dietz Technology Drive Requested Action Move to: Award contract for installation of Lime Slakers in the amount of$47,800.00 to Maguey Construction,Inc. Synopsis Sealed bids were received March 20, 2003 for the installation of Lime Slakers at the Water Treatment Plant. A summary of bid results and a recommendation of award from Black&Veatch is attached. Background Information The installation of the Lime Slakers is part of the Lime Feed Replacement project and is included on the approved CIP list. The low bid is approximately 35% lower than the high bid and 30% lower than the second bid. The funding is from the Enterprise Trunk Fund. Staff recommends award of the contract to Magney Construction,Inc. Attachments Summary of Bids and Recommendation of Award 6 3 ® BLACK & VEATCH ParkdalePlaza Black&Veatch Corporation 1660 South Hwy 100 Suite 300 St.Louis Park,MN 55416 USA Tel:(952)545-6695 Fax:(952)545-6590 Eden Prairie,Minnesota B&V Project 130691.300 Lime Feed System Replacement B&V File D-1.3 March 24,2003 Mr. Ed Sorensen Utilities Superintendent City of Eden Prairie 14100 Technology Drive Eden Prairie,Minnesota 55344 Dear Ed: As you know,the bid opening for the Lime Feed System Replacement project was held on Thursday,March 20,2003. Three bids were received as follows: Bidder Bid Amount Magney Construction,Inc. $47,800.00 NewMech Companies,Inc. $68,600.00 Gridor Construction,Inc. $73,350.00 The apparent low bidder was Magney Construction,Inc.,with a bid of$47,800. Significant to the bids received are the following: • The low bid is approximately 35%less than the highest bid and approximately 30%less than the second highest bid which is reflective of a very competitive low bid. • The low bidder,Magney,Inc.,is a contractor with whom the lime feed system supplier is familiar with and has had previous satisfactory experience on similar projects. Based on the competitive bids received and the lime feed system supplier's satisfactory past experience on similar projects with Magney Construction,Inc.,we recommend the award of the Lime Feed System Replacement project to Magney Construction,Inc. for the total bid amount of $47,800.00. 6z/ building a world of differenceTu Page 2 Mr. Ed Sorensen B&V Project 130691.300 March 24,2003 Enclosed for your records are the original Contractor bids. If you have any questions or comments,please contact us. Very truly yours, BLACK&VEATCH CORPORATION • Heath Picken Enclosures CITY COUNCIL AGENDA DATE:April 1,2003 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Contract Amendment ITEM NO: Parks and Recreation No. 1 Purgatory Creek Recreation Area , f Robert A. Lambert Director Construction Documents and In-Construction v ( 1. e Services Requested Action Motion: Move to approve Contract Amendment No.1, the professional services agreement with SRF Consulting Group, for the Purgatory Creek Recreation Area construction documents and in-construction services for a fee not to exceed the sum of$96,669. Synopsis In December of 2001, the City Council approved the concept design for the Purgatory Creek Recreation Area and authorized the City to complete plans and specifications for this project. During that review process, the Council suggested the addition of a permanent restroom facility at this site with the first phase development, and a park shelter that would be the focal point of the site until some future date when, and if, the Council ever decided to use this site for a different recreational purpose. Based on those comments, staff directed SRF to expand the first phase to include the option for additional facilities. In January of 2002, the City entered into a contract for in-construction services for the Purgatory Creek Recreation Area for grading and storm sewer installation, which was the first phase of this proposed project. That grading was completed in 2002 and included a significant amount of surcharge area prior to the proposed completion of this project. Later in 2002, the City Council approved the design for the Jean Harris Memorial Bridge and authorized staff to complete plans and specifications for that bridge. At that time, the .City authorized SRF to provide the engineering services for design and construction of that bridge project as a part of the Purgatory Creek Recreation Area. This amendment responds to the additional services requested and provides for preparation of plans and specifications, as well as construction inspection for the completion of Phase I of this project. The Parks, Recreation and Natural Resources Commission will review the final plans on April 7th, and the Council will review them on April 15th. Construction is proposed to start in June and be completed by late fall 2003. RAL:mdd CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Division Hennepin Village Early Grading Permit L Alan Gray v ( . U . Eugene A. Dietz Requested Action Move to: Approve an early grading permit for Hennepin Village Site C & D at developer's risk. Synopsis Pemtom Land Company has presented a revised preliminary grading plan that enhances MAC's ability to construct screening berms along the new building area of Flying Cloud Field. While improved, the plan reduces berm height from the proposed 23 feet to approximately 10 feet at the west end of the building area. MAC staff has suggested that berm height may be supplemented with plan materials. An early grading permit will allow Pemtom to begin grading of this extensive site while the final details are refined and MAC's concurrence is obtained. Prior to grading onto MAC property, Pemtom shall obtain MAC concurrence of a screening plan composed of berming and plant material and obtain MAC and City approval of the "Temporary Grading Easement"required by MAC. Issuance of a grading permit will require the completion of second reading, and the approval of and concurrence with the conditions of a development agreement. Background Information Hennepin Village Sites C & D received first reading March 18, 2003. Second reading and approval of the Development Agreement are scheduled for April 15, 2003. Early grading permits are frequently granted based on preliminary grading plans at the developer's risk. Final grading plans must conform to the conditions of the Development Agreement. On sites such as Hennepin Village, early grading permits allow for a construction start while respecting the process of final detail development(a process similar to design-build). Attachments Preliminary Grading Plan(Revised 03-21-03) CITY COUNCIL AGENDA DATE: April 1,2003 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Division Lifetouch Early Grading Permit Randy Slick U' (• hit Eugene A. Dietz Requested Action Move to: Approve an early grading permit for Lifetouch,Inc. at developer's risk. Synopsis Lifetouch, Inc. has submitted a temporary grading plan that addresses the excavation and removal of approximately 40,000 cubic yards of excess material. This early permit would allow a portion of the site to be graded in preparation of the overall final approved grading plan. Background Information Lifetouch will be presented to the Community Planning Board on April 14, 2003. Second reading and approval of the Developer's Agreement are tentatively scheduled for June 3, 2003. Early grading permits are frequently granted based on preliminary grading plans at developer's risk. Final grading plans must conform to the conditions of the Development Agreement. On sites such as Lifetouch, early grading permits allow for excess material to be removed off-site prior to final approvals. Attachments Temporary Grading Plan(03-25-03) * il:aE. 2 ,. 2 U 1 i 572 EinFOFE AS.OCIAaTES INC. • o 1,,:1: 1;) 1307 ,` P. 1, 1 r , 3 I i�A ' o ;� , . er ______ • !Nil! , ., ez U -1 , 1 0 atil I '! #r�l il IV/ , '.$,; ' k , 1'01 . t 1111 0. i 1 0 , . ,. 1„1410 1 - . : - = i /1 1 ' \\i / ,!. --1 . E i T . 4 Q a: 9�g 4. .,ram y �' Vi / 'Y 1 ,./1 a+: 1, — _e 1 1----..--)2s1`4 -,. 'p. 4• ! r Lr�� . 1 i1E, 7'- " �1 f f f (.. ,.... i 4, ti 1 ,,, . NN,,,,,, ,..\\ i NNN L,.! iiig • / q§, • • ,,,,,,_ , \ . . N.:,..,N . „ . ,,rs ,,!?,01/trg' uxi 't'illeiC---'411ft. . :. I .ti ...., -'6 '1": ' 0 15.g Z t° i 7 , gill • ''%, ,,..:„...\\I i . i/f 1.)1„.:. ,,', , . • r r 1 A, N a d• I I1•1- ii. mo+ .y0'70i MS}.50.14 I1 .aTr% + �r ' I, m U w ' ' 1� / '. �, I and X' C� i •qi I I 4 fit `, kr': C: . .:" /,0 1 ___ — t:17.4: _I: ,... I w i �ir I // t51' — a — ll' T' i `r h ��b- ,+� 4 I I , . Z i 1 e7 —• "w ... I 0 \\\ 4 . 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Kipp V t Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to RM-6.5 on 4.73 acres; and • Adopt the Resolution for Preliminary Plat of 4.73 acres into 11 lots, 2 outlots and road right-of-way. Synopsis This project is for 11 multi-family units. Community Planning Board Recommendation The Community Planning Board voted 8-0 to recommend approval of the project at its February 24, 2003 meeting. Background Information Site density for the property is 2.33 units per acre consistent with the surrounding development. All lots meet City code for size and dimensions. All housing units meet the setback requirements of the RM-6.5 zoning district. The property will be served by a private road. Right-of-way dedication is proposed to accommodate the future expansion of Pioneer Trail. There are 323 diameter inches of significant trees on the property, most of which were planted by the property owner. Tree loss is 250 diameter inches. Tree replacement is 257 caliper inches. The tree replacement plan meets this requirement and incorporated into the landscaping plan. The wooded slope in the southwest corner of the property will be preserved. The association documents will need to address the preservation of this area. The entry monument sign has been relocated to meet setback requirements as recommended in the Staff Report. Attachments 1. Resolution for Preliminary Plat 2. Community Planning Board minutes dated February 24, 2003 3. Staff Report dated February 21,2003 70 THE ENCLAVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE ENCLAVE 2ND ADDITION FOR HALLEY'S CUSTOM HOMES,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Enclave 2nd Addition for Halley's Custom Homes, Inc., dated March 28,2003,and consisting of 4.73 acres into 11 lots,a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of April, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk �/ Planning Board Minutes February 24,2003 Page 2 V. PUBLIC HEARINGS A. THE ENCLAVE 2ND ADDITION by Halley's Custom Homes, Inc. Request for Zoning District Change from Rural to RM-6.5 on 4.73 acres, Site Plan Review on 4.73 acres, and Preliminary Plat of 4.73 acres into 11 lots, 2 outlots, and road right- of-way. Location: Southeast corner of Braxton Drive and Pioneer Trail. Daren Laberee from Westwood Professional Services presented the item. He stated the project is for 11 units, 4 duplexes and one three-plex, on 4.73 acres. They are requesting rezoning from Rural to RM-6.5. He said there will be a circular cul-de- sac surrounded by the townhomes. Issues of concern are ponding, which has been resolved, and tree loss. The topography consists of a wooded hill which will be retained. Franzen stated the project is consistent with the comprehensive guide plan and it meets all requirements of the City's zoning and subdivision ordinances. Staff recommends approval according to the recommendations on page 3 of the staff report. Stoelting asked the proponent to talk about construction parking and, since the Braxton Drive and Pioneer Trail intersection is so busy, where the construction crews would park. Laberee responded that the equipment will be parked on-site, only the small contractors would park on Braxton Drive. Stoelting asked about plans for screening and fencing along Pioneer Trail. Laberee responded there will be a 5 foot tall stucco fence and a large line of evergreens. Stoelting asked how the storm water ponds will work for this development, given the slope and elevation. Laberee responded that there will be a gutter system that will empty into the sewer system and eventually into the pond. Stoelting asked about the road and whether it was private and how that would be maintained. Laberee responded the road is private and there will be a homeowner's association in place to maintain the area. Stoelting asked whether parking would be allowed on the streets and whether there would be two car garages. Laberee stated parking would be allowed on one side of the street and each unit has a two car garage. Nelson asked whether the lots on the south side of the development would have adequate access to Stirrup Lane. Al Gray, City Engineer, responded there are 10 acres to the south which allows access to the streets. Sodt commented that he thought there was a horse farm or stable south of the site. Gray said there is a large horse farm in that area. Koenig asked if the property extends to the fence at the bottom of the hill. Laberee indicated on the plans how the fence line runs perpendicular to the south of the property, not along the property line. Koenig asked if the trees in the ravine area in the southwest part of the site will remain. Laberee stated they will leave most of them. Planning Board Minutes February 24,2003 Page 3 Koenig asked if most of the development was situated on the flat area of the property. Laberee replied it was because they tried to stay away from the slope to preserve that area. Koenig stated it seemed as though there is almost 80% tree loss. Stu Fox, Manager of Parks and Natural Resources, stated that there will be 77% tree loss. Laberee stated that the trees are clustered and were planted by the homeowner on that site over the years. They felt it was more important to try to save the small wooded area in the southwest. Sodt said that the staff report stated the preservation of the wooded slope in the southwest section of the property. He asked the developer whether they would be cleaning out the overgrown brush in that area. Laberee responded they had no plans to clean up the area. Sodt asked what the significance was of the change in zoning from Rural to RM-6.5. Franzen replied since the density is similar to the surrounding area and less than the guide plan, a multiple family zoning is minor since there are no road or utility impacts. The multiple family zoning permits the concentration of the townhomes to protect the area. Koenig asked if the tree loss could be lowered by reducing the total number of lots. Fox replied that by looking at two alternatives - twinhomes clustered or single homes spread out would have resulted in the same amount of tree loss. The trees are clustered and there's no way to work around them,they would have to be removed. MOTION by Stoelting, second by Nelson, to close the public hearing. Motion carried, 8-0. MOTION by Stoelting, second by Nelson,to approve the Zoning District Change from Rural to RM-6.5 on 4.73 acres, Site Plan Review on 4.73 acres, and Preliminary Plat of 4.73 acres into 11 lots, 2 outlots, and road right-of-way,based on plans dated February 21, 2003, and subject to the recommendations of the staff report dated February 21, 2003, to the City Council. Motion carried, 8-0. STAFF REPORT TO: Community Planning Board THROUGH: Michael D. Franzen, City Planner FROM: Scott A. Kipp, Senior Planner DATE: February 21,2003 SUBJECT: The Enclave 2nd Addition APPLICANT: Halley's Custom Homes, Inc. OWNER: Marie Gustafson LOCATION: Southeast corner of Braxton Drive and Pioneer Trail REQUEST: 1. Zoning District Change from Rural to RM-6.5 on 4.73 acres. 2. Site Plan Review on 4.73 acres. 3. 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'-77...-...:i•••,.l'-:..._--_1: .•.-:-.:,;2,-•...-Y•'••• -':', • -4 ..,:i,:•:',.--,•'--.'...-1..,-.'•'-;.-.--. -•7:-..,'-'7--7.'.• ;-'---7.-'-1,---7•`.-., : - "'-•-=:' - ",..---.,:,;=..;_:-7,-,- .j,--•-f_';..-1-„',;'' .,,,••,: t.,- 't.,:-2'.-*...:-..'''.-'-.'::1;1.-`.1.;:::'-'2...''....'''''''.--'-:')"-L 1,-.'..- ''''---,.7-----.-•-.- .--••- '-' -'• .5- Staff Report—The Enclave 2nd Addition February 21,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this property as Low Density Residential for up to 2.5 units per acre. Surrounding land uses consist of Low Density Residential,with single-family Ri- 13.5 to the north and west,R1-9.5 to the east, and Rural to the south. PRELIMINARY PLAT The proposal is to rezone the property from Rural to RM-6.5 and subdivide the 4.73 acre site into 11 multi-family lots. Right-of-way dedication is proposed to accommodate the future expansion of Pioneer Trail. Site density for the property is 2.33 units per acre. Surrounding densities are 2.3 units per acre for Cedar Ridge 2n to the north, 2.7 units per acre for Riley Creek Ridge to the east, and 1.5 units per acre for Braxton Woods to the west. All lots meet City code for size and dimensions. All housing units and gazebo meet the setback requirements of the RM-6.5 zoning district. The property is served by a private road, which is permitted by City code. The plan provides the required parking of one enclosed space and one open space per unit. Guest parking can be accommodated along one side of the private road, or parking spaces can be constructed within the internal portion of the roundabout. GRADING AND TREE LOSS There are 323 diameter inches of significant trees on the property, most of which were planted by the property owner. Tree loss is 250 diameter inches. Tree replacement is 257 caliper inches. The tree replacement plan meets this requirement. The wooded slope in the southwest corner of the property will be preserved. The association documents for the development must indicate no tree removal or alteration of the slope. UTILITIES City sewer and water is available in Braxton Drive. Storm water will be treated to NURP standards. LANDSCAPING A total of 155 caliper inches of landscaping is required based on the total square footage of the buildings. Together with the tree replacement, a total of 412 caliper inches is required. The landscape/tree replacement plan provides 657 caliper inches. A wood screening fence and evergreen trees are proposed as a buffer along the north lot line adjacent to Pioneer Trail. Staff Report—The Enclave 2"d Addition February 21,2003 Page 3 An entry monument sign is proposed for the development five feet from the right-of-way. City code requires a 10-foot setback for a monument sign and the plan will need to be revised. STAFF RECOMMENDATION Staff recommends approval of the following request: • Zoning District Change from Rural to RM-6.5 on 4.73 acres. • Site Plan Review on 4.73 acres • Preliminary Plat of 4.73 acres into 11 lots, one outlot and road right-of-way. This is based on plans dated February 21, 2003, the staff report dated February 21, 2003, and the following conditions: 1. Prior to City Council review, the proponent shall revise the monument sign location to meet a 10-foot setback. 2. Prior to final plat release, the proponent shall submit Association documents for review that include maintenance of the NURP pond and private drive, and for the preservation of the wooded slope in the southwest corner of the property. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. D. Properly abandon all private wells and septic systems on the property. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit exterior building material samples and colors for review and approval. C. Pay the Cash Park Fee. CITY COUNCIL AGENDA DATE: 04/01/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram The Cove 2nd Addition I I I 6, Scott A. Kipp V Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the R1-22 Zoning District on 3.2 acres; and • Adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposal is for subdividing two existing single-family lots to create a third single-family lot on Bryant Lake. This item was continued at the February 18 and March 4, 2003 meetings. Background Information An issue raised at the Council meeting was whether the potential exists for additional subdivisions of this type on the residential properties abutting Bryant Lake. Staff analyzed aerial half sections showing lot lines and house locations for all the existing residential lots around the lake and found no opportunity for additional subdivisions. The Willow Creek neighborhood on the east side of the lake would require lots of five acres to meet the shoreland code for lots without municipal sewer. The Cove neighborhood along Beach Road contains large executive homes at spacing too narrow to accommodate additional lots meeting code for size, dimension and structure setbacks. There are some large vacant parcels along the north end of Beach Road that can be subdivided. None of which directly abut Bryant Lake. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Staff Report dated January 24,2003 4. Community Planning Board minutes dated January 27,2003 5. City Council minutes dated February 18,2003 6. Map of Bryant Lake Development THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on January 27, 2003 for The Cove 2nd Addition by Rick Lamettry and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on February 18, 2003 and April 1, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. The Cove 2nd Addition,being in Hennepin County,Minnesota,legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated February 11,2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated January 27, 2003. ADOPTED by the City Council of the City of Eden Prairie this 1st day of April, 2003. Nancy Tyra-Lukens, Mayor Kathleen A. Porta, City Clerk 179 EXBIBIT A PUD Concept- The Cove 2°d Addition Legal Description: Lot 12 and Lot 13,Block 1, THE COVE,Hennepin County, Minnesota THE COVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE COVE 2ND ADDITION FOR RICK LAMETTRY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Cove 2nd Addition for Rick Lamettry dated February 11,2003,and consisting of 3.2 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the lst day of April, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City PlRnner DATE: January 24, 2003 SUBJECT: The Cove 2id Addition APPLICANT: Rick Lamettry OWNER: Rick Lamettry and Theodore Vickerman LOCATION: 6861 and 6871 Beach Road REQUEST: 1. PUD Concept Review on 3.2 acres. 2. PUD District Review with waivers within the R1-22 Zoning District on 3.2 acres. 3. Preliminary Plat of 3.2 acres into 3 lots. Area Location Map: The Cove 2nd Addition (2002-11) ,..-.,...42.....,,....,,,,--,.....,,,,...:::,-...-.. _. ..... ,. .,,„..--,,,,,,,,...,,,,,:.,.-„,,,:-;:,.....„ ...,....,....:,..,•.•,..,.._: :.,-.. • :'•,...;%.:''1 ::--t's••,''7.7.'-:47'.::!,•,..:, -••--,;:'•--7.-?"--;:;•'-...,?!- - 3 -.. 7.-;••-•,_....:.1..,'',.....'''',.•.....,:t-'.4•";;• ...•:. •., .•-;4:.••••'.''''.. -..„1....,-'r=".•,72,-.;t;•-2,:-::::...'::;:.7".,' -. 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' `' ' e3 Staff Report—The Cove 2nd Addition January 24,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows the property as low density residential for up to 2.5 units per acre. The property and surrounding lots were platted in 1964 and zoned R1-22 in 1969. PRELIMINARY PLAT The proposal is to subdivide the two existing lots to create a third single-family lot. Lot 1 is 47,500 sq. ft., Lot 2 is 41,300 sq. ft., and Lot 3 is 51,700 sq. ft. in size. City code requires a minimum lot size of 22,000 square feet in the R1-22 zoning district. The minimum lot frontage in the R1-22 zoning district is 90 feet. All lots meet this requirement. The attachment shows the relationship of lot sizes within the neighborhood The new house for Lot 2 meets the setback requirements of the R1-22 district. The existing houses on Lots 1 and 3 also meet the R1-22 setback requirements and are to remain. SHORELAND CODE The property is in a Shoreland area since it is located within 1,000 feet of the Ordinary High Water Level. Bryant Lake is classified as Recreational Development water. Lots within 150 feet of the lake must meet the following requirements. • Minimum lot size-20,000 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet Proposed Lot 2 meets these requirements. Lots 1 and 3 containing the existing houses meet the lot requirements of the code. The existing houses were built prior to the adoption of the Shoreland code. They are setback 60 feet and 75 feet from the Ordinary High Water Level. Any additions or changes to the existing houses will need to comply with the Shoreland code. Within a Shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. WETLANDS A narrow strip of wetland has been delineated along the shoreline of Bryant Lake. City code requires that wetland buffers and wetland buffer setbacks be established. Proposed Lot 2 shows the required 50-foot wide wetland buffer and 15-foot wide wetland buffer setback. The wetland buffer will be placed in a conservation easement. Staff Report—The Cove 2' Addition January 24,2003 Page 3 The proponent is requesting a waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. GRADING AND TREE LOSS There are 2,214 caliper inches of significant trees on the property. A total of 447 caliper inches, or 20% of the significant trees will be lost for the new house. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. UTILITIES All houses in the neighborhood are served by municipal sanitary sewer. Municipal water is not available. All houses use private wells for domestic water. City code allows wells for domestic water for lands that were situated within the R1-22 district on or before July 1, 1982. The new house will connect to municipal sewer and will use a well for water. The Fire Marshal requires an on-site fire suppression system for the new house since municipal water is not available. CONCLUSION The Board should discuss the following questions: 1. Is the subdivision consistent with the requirements of the City code? 2. Is the subdivision consistent with the lot sizes and street frontages in the area? 3. What are the site impacts? Are the impacts minimal and mitigated? STAFF RECOMMENDATION Alternative 1: Recommend approval of the following request: • PUD Concept Review on 3.2 acres. • PUD District Review with waivers within the R1-22 Zoning District on 3.2 acres. • Preliminary Plat of 3.2 acres into 3 lots. This is based on plans dated January 16, 2003, the staff report dated January 24, 2003, and the following conditions: 1. Prior to release of the final plat, the proponent shall submit a conservation easement for the wetland buffer on Lot 2. The easement shall be recorded with the final plat. 2. Prior to any grading, tree removal or building permit for Lot 2, the proponent shall install erosion control and tree protection fencing at the grading limits. 3. Prior to any building permit issuance for Lot 2,the proponent shall: F-5- Staff Report--The Cove 2Ad Addition January 24,2003 Page 4 A. Submit plans for an on-site fire suppression system, if municipal water is not available to the site at the time of permit application. B. Submit a tree replacement bond for 119 caliper inches of tree replacement. C. Pay the cash park fee. 4. The following waivers have been granted through the PUD: A. Wetland buffer of 0 feet for Lots 1 and 3. Code requires 50 feet. B. Wetland buffer setback of 0 feet. Code requires 15 feet. Alternative 2: Recommend denial of the following request: • PUD Concept Review on 3.2 acres. • PUD District Review with waivers within the R1-22 Zoning District on 3.2 acres. • Preliminary Plat of 3.2 acres into 3 lots. This is based on the following reasons: 1. The project is inconsistent with the lot sizes and street frontages in the area. • 2. The project requires waivers from the City code. 3. The project results in the loss of significant trees. Staff recommends Alternative 1. Lr*3 ' ...• .c.:•\ \ 47 �S;t \ N.o1 \ T8\ft° 1cc' (5) \ � • z f\ \ 5 I+4 (6) \\sue <5,,,4 \ 6 7, 5l oo6'4 's3o.\ I . 40 41 :, \ la J. Z°Z_ ••\ , 6 • (7) °a\p.its -pit o00�s•5� �4tia' �F\ 117 \ to `to II Cirt,t‘ 4:›A \ q s\s �1 is \\__ ...• e o 83.3 bet, 9 0 1.47..,..2 ‘NI.11% z5 TONl' tol : hs. 1 I �\ _. - yy ,°yb�ry�i R T5 i 96 lot � • °' _ ID ` ?G�G� .``�� 4,cfev :,753� 26... 383 _22f�. 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T` $ (7) U ----- can �/� 19 01 = N m (8) iT 1 100 o U �, N '1 73 26' N88-51'30'E m = 12 0 000 1 H MC� 267.53 t 104.34 300 25 25 / 585 583 26 W 1 N 174.75 267.51 t TA is is s t ✓ 7 WEI4HEsogHooD oT' SIZE l` . ...--t 100 .VGM.A.0 RFC Bruce J.Paradis President&CEO January 24,2003 Community Planning Board 8080 Mitchell Road Eden Prairie,MN 55344 Sent via Fax: 952.949.8392 Re: Project: The Cove 2nd Addition;#2002-11 Dear Community Planning Board, Thank you for the opportunity to submit questions and comments regarding this project. First,a few questions: 1) Have the Planning Board Members visited the site of this project recently? Have the planning staff? 2) Are there any variances or exceptions to establish criteria(i.e.zoning, set backs, etc.) being requested in conjunction with this request? 3) Our neighborhood is comprised mainly of residential lots that are one to two acres in size. What does our current zoning establish as a minimum or typical size lot? 4) Can we request a change in zoning that would preserve the integrity of our existing neighborhood—by establishing a larger minimum lot size? What is the process? 5) Is any consideration given to the depletion in the water quality of Bryant Lake or the substantial increase in lake traffic in recent years—when considering this or other requests of greater density of housing on the lake? 6) If any,what are the main concerns/problems that exist with the planning staff regarding this request? GMAC-RFC 8400 Normandale Lake Blvd Suite 250 Minneapolis,MN 55437 952.857.7401 Fax 952.857.7176 bruce.paradis@gmacrfc.com gmacrfc. • 111 Project The Cove 2"d Addition;#2002-11 Page 2 of 2 Now,my comments: As you can see by my questions I am deeply concerned regarding this project request and strongly oppose it's acceptance. Our Bryant Lake Neighborhoods are maturing with large lots and houses that when sold,are more often torn down for new home construction. Close-in lake property is coveted. This project is a clear example of how to make the most money—split the lots and build multiple houses. This request will happen again and again. Is this our only choice? Aside from my deeper concern regarding the precedent this project will set—this site seems ill suited for another house. The building site is a densely wooded hillside. It must require retaining walls and extensive tree removal. Also,the high water set back is also a question to me. I would appreciate hearing from the staff regarding these issues. I will be attending the public hearing on January 27 and look forward to your response. Sincerely, 4saParadis 12530 Beach Circle Eden Prairie,MN 55344 Phone: 952.946.1831 bcc: Bob Fransen 6851 Beach Road Eden Prairie,MN 55344 Planning Board Minutes January 27,2003 Page 9 C. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres, Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871 Beach Road. Paul Thorpe of HTPO presented the plan to take two lots on Bryant Lake, combining them and dividing them into three lots. He showed the concept plan. There are requests for waivers to the setback from the lake and wetland, proposing to create a wetland buffer strip on the new lot. Franzen stated the plan is a modification of an old subdivision approved in 1964. At that time there weren't tree, shoreland or wetland ordinances which now come into consideration with the current proposal. The lot size and street frontage are consistent with the rules for the R1-22 zoning district and shoreland ordinance. The tree loss is at about 20%. The area closest to the lake is undeveloped as it is a bluff and there is a lot of tree cover and the area could be the buffer to the wetland. The staff is recommending approval, subject to recommendations on the staff report including a conservation easement over wetland area on Lot 2 and tree replacement mitigation in the area closest to Beach Road. Bob Fransen of 6851 Beach Road stated when he bought his home he thought platting was secure. He said this plan doesn't benefit the neighborhood. Most of the land is part of Lot 13 and is heavily wooded with mature oaks. The property around the lake and the neighborhood would be damaged by this development and he is opposed to it. He asked whether there had been an Environmental Impact Study (EAW) done. Franzen responded the State Rules say that there needs to be a minimum of 275 single or 375 multi family homes for an EAW. Theodore Vickerman of 6871 Beach Road stated in the 60's when the property was developed they made some mistakes. He said his lot is only 60%usable. He said he has 500 feet of shoreland which could have been divided and another home put in there to enjoy the view. All homeowners have grass up to the lake and now they're saying you can't get to the lake because of the trees. This is something that needs to be discussed. Bruce Paradis of 12530 Beach Circle stated the lot next to him was sold and the property was razed and now sitting empty. He felt the idea of splitting lots is a concern. He asked what was meant by a wetland waiver. He said the shoreland code states 60 and 75 feet setback from the ordinary high water level needs to be maintained and any additions or changes to existing houses need to comply to existing code. Substantial redevelopment has occurred and questioned whether current houses meet that setback. He asked about development on the bluff. He asked if the neighborhood could ask to rezone the area with a higher minimum lot size to maintain the integrity of the neighborhood. he stated his concerns about the depletion of the quality of the lake because of additional runoff and increased traffic CTa Planning Board Minutes January 27,2003 Page 10 on the lake. He stated he's afraid the precedent for splitting the lots will result in more requests for the same. Mark Omlie of 6661 Beach Road stated he is concerned about integrity of the neighborhood, tree loss and how a house will fit on the site. They should have to meet the 100 foot setback. Foote stated that the project just doesn't make sense but it fulfills all the requirements. He asked Franzen what could be done from a legal perspective. Franzen stated there need to be reasons for doing something based on zoning and subdivision regulations. Staff reviews whether it meets the lot size, setbacks, and other things that are clearly black or white. There are other discretional areas allowed by ordinance such as tree loss. A concern is the slope and how much tree cover and grasses are being kept to prevent erosion. If the tree loss is too much or too little the Board has discretion with that. The character of the neighborhood is not defined in the code since every neighborhood is different. The shape or frontage may not fit but often when reviewing the records it can be determined why a lot exists. In the Centex area there was a proposal to split two lots into three which was not approved. In that instance, the creation of the large lots on the slope was in exchange for small lots done somewhere else. With this project the right-of- way for Beach Road does not follow the road right-of-way. This created additional frontage around a curve. Franzen stated in determining the bluff staff did a review of the slope to determine the location of the toe and top. To measure, we start with the high water mark and measure slope and where it's over 18%, that's the toe of the bluff. Take that point and back track 50 feet. Measure from this point to the top where it breaks at less than 18% grade. It needs to meet several criteria: 1) It has to drain towards the water; 2) it must be in shoreland area; 3) it has to rise 25 feet in the air; 4) must average 30%or greater across the area that is measured; and 5) determine where the bluff is located. The half of the property closest to the lake has the bluff and the area closest to Beach Road is not a bluff as defined by code. Sodt stated that he shares a concern about building on the lot but that's not enough of a reason for us to deny it. That will be up to the builder to determine how to best situate a house on the property and not one the Board should address. In regard to the tree loss if they are meeting the 119 inch caliper replacement, they are meeting that criteria. If the waivers are relative to existing conditions he can't see a reason to deny the project. Nelson asked given the shoreland frontage whether this lot would be able to have a dock. Franzen stated the shoreland ordinance does allow access to the lake—they can build paths and a dock. Nelson asked whether the home near the bluff would have a back yard. Franzen stated there is no level area east of the walkout level. 4:?/ Planning Board Minutes January 27,2003 Page 11 Nelson stated she believes that this could not be a walkout lot. She asked if the building permit would allow a walkout and patio or few windows. Franzen stated that if it's on the lake they're going to maximize the window view. Franzen asked the surveyor to explain the difference in elevations and how much level area there is between the lower level and the lake. The surveyor responded that there is a walkout area to the lake. There is a separation between the first floor and the lower level walkout of 11 feet. Nelson stated that since the developer is meeting requirements and it seems to be a logical plan, there is no reason not to allow it if they can stay back from the bluff and mitigate tree loss. Stoelting asked how staff deals with a rebuilt home, such as the one on Lot 1 which has a 75 foot setback. Franzen responded there is a provision in the ordinance that allows adjustment of setbacks with existing homes. In this case, an existing foundation was used and a garage was added. The house doesn't need to be set back 100 feet. If it was a new development, it would have to meet the 100 foot setback. If a current homeowner makes changes such as an addition to the home, they need to maintain the 75 foot setback. Stoelting asked how the developer would mitigate erosion control and management of the bluff. The builder responded that a silt fence will be installed to stop erosion. Stoelting asked staff if the silt fence was sufficient. Gray responded this will prevent erosion during construction but the question will be how will they restore and stabilize the area. There are fabrics that can stabilize it and they will need to manage runoff at a lower elevation. Stoelting asked the developer how they will manage slope stability. The builder responded that he would use a retaining wall. They would cut close to the area and try not to disturb much of the slope. The wall is stepped down the slope. Koenig asked if there have been any other lots on Bryant Lake that have been subdivided. Franzen responded on the east side of the lake the Perkins property was subdivided. There were numerous variances from the City Code and issues on this subdivision are different. Koenig asked if they would be setting a precedent. Franzen stated it would all be based on the code and whether it met the requirements; each site will be different. Corneille asked about quality of the lake. Franzen stated that there are septic tanks and drain fields which have been failing and can cause problems. The north end of the lake had agricultural uses that went away and helped the quality of the lake. One house by itself with runoff and erosion control shouldn't be a problem. The City will look at a number of sources to decide what needs to be done to prevent erosion and runoff into the lake. Corneille asked that if there are a lot of other neighbors who decide to subdivide, when that would become a problem. Franzen 901_, Planning Board Minutes January 27,2003 Page 12 stated because of the placement of the structures and setbacks from the shoreland, it is unlikely that the situation will be repeated. Koenig stated theoretically they could ask for a variance on the shoreland setback. Franzen stated that is true,they could ask for a smaller lot size. They would need to go before the Board of Appeals for waivers, come to the Planning Board and prove a benefit to the City or property for granting the waiver. Corneille asked how someone would go about asking for a change to increase the minimum lot size. Franzen stated the neighborhood can petition for a code change. Regardless of minimum lot size someone is going to ask for a waiver. To prevent further subdivision neighbors need to create covenants that would keep it the same forever. There is a process to do that. MOTION by Stoelting, second by Nelson,to close the public hearing. Motion carried, 7-0. MOTION by Stoelting, second by Nelson,to approve the request for a Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots,based on plans dated January 16, 2003, and subject to the recommendations of the staff report dated January 24, 2003. Motion carried, Foote ney, Steppat ney,Koenig ney, motion passed,4,3. Sodt stated no one has given a good reason not to allow them to go ahead with this since they meet requirements. The wetland waiver seems reasonable. Foote stated that putting a house in there will result in too much tree loss and erosion issues. Steppat agreed with Foote that they would be wedging the house in there. It doesn't fit well and the lot is unique. Koenig stated the project is inconsistent with lot sizes and the neighborhood and she doesn't see any need for more houses on Bryant Lake. Nelson stated she agreed with Sodt and said the tree loss will be mitigated to some extent and she can't see any reason to deny it. Corneille stated that because they do meet the requirements he could see no reason to deny it. He voted aye. 93 CITY COUNCIL MINUTES February 18,2003 Page 6 C. THE COVE 2ND ADDITION by Rick Lamettry. Request for Planned Unit Development Concept Review on 3.2 acres,Planned Unit Development District Review within the R1-22 zoning district with waivers on 3.2 acres, and Preliminary Plat of 3.2 acres into 3 lots. Location: 6861 and 6871Beach Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Resolution for Preliminary Plat) City Manager Scott Neal said official notice of this public hearing was published in the February 6, 2003,Eden Prairie Sun Current and sent to 14 property owners. He said the proposal is for subdividing two existing single-family lots to create a third single-family lot. The Community Planning Board voted 4-3 to recommend approval of the project at its January 27, 2003 meeting. The Board recommended approval of the proposed waiver from the City code for no wetland buffer and wetland buffer setback for the lots with existing houses. This site and surrounding property is zoned • R1-22. All lots meet City Code for size, dimension and setback requirements. Neal said the project is subject to the shoreland code since it abuts Bryant Lake. All lots conform to the code. Within a shoreland area no development or alteration is permitted on a bluff which is slope that averages 30% or greater. Lot 2 contains a bluff. No grading or house construction is proposed on the bluff. Significant tree loss is 447 caliper inches, or 20%. Tree replacement is 119 caliper inches. The tree replacement plan meets this requirement. Neal said Mr. Lemettry and Mr. Paul Thorpe are both present tonight and available for comment. There was no public comment. Case mentioned the 4-3 split vote by the Planning Board. He asked if noncompliance for setbacks was being created in the existing homes and existing driveway on Lot 3. Franzen said there is a 3-foot setback requirement. Case asked if a house could be put on the lot reasonably well. Franzen said requirements are met through how the measurement is determined. Case said he is comfortable with it,but he appreciates the split vote because it helps the Council not set precedence. Bob Franzen, 6851 Beach Rd.,read a letter from his neighbor Bob Carlson who wrote in opposition of the project. Mr. Franzen stated he does not see how the trees at the top of the hill will be replaced and he does not like the idea of"shoehorning" new lots into this area, and the precedent here is not a good one. Stuart Fox spoke about the tree question. He said when the tree preservation ordinance was developed, it was written for undeveloped land. He said based on the mitigation requirements of 122", trees are being placed along the driveway and also on the front yard of the lot next door. Case was concerned about damage to Lot 2. Fox said Lot 2 is basically where the tree loss occurs. Fox said basically it involves taking the land in total, counting up all the trees on it, and then subtracting trees on Lot 2 being lost for the house,but the credit 9.! CITY COUNCIL MINUTES February 18,2003 Page 7 is being spread out for all three lots. Jim McNeal of 7251 Willow Creek Road, said his property is directly across the lake from this property and he is devastated to see people making lots out of other lots. Bruce Paradis of 12530 Beach Circle said proposed Lot 1 was recently developed and there was a large amount of trees taken out of that lot. He spoke in opposition of the proposal because of the tree loss, and said he is opposed to subdividing lots on the lake. MOTION: Young moved, seconded by Case, to close the Public Hearing; and adopt the Resolution for Planned Unit Development Concept Review on 3.2 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers within the R1-22 Zoning District on 3.2 acres; and adopt the Resolution for Preliminary Plat of 3.2 acres into 3 lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Case said he was concerned about addressing this same issue down the road and said he is feeling unsure about voting in favor of it. Tyra-Lukens said she is uncomfortable with the entire parcel of land not meeting the Code coming out of another parcel of land. Butcher asked the City Attorney if there are ramifications if the Council does not approve this tonight. Rosow said yes, the record should reflect that although Councilmembers are talking in general terms, the project does not meet all the requirements because there are waivers required. He said Council is not required to give waivers, nor can Council be arbitrary in giving waivers. Mosman suggested that Council work with Staff, possibly at a workshop, to talk about general direction. Young said property owners have the right to expect that they have rights to do certain things with their property, and they have a right to expect that when it comes to doing things with their land, they can do so as long as they meet the City Code, and other requirements. Franzen stated Council has at least 30 days before the 120-day clock expires for this application. Case suggested conducting a workshop for a site visit, legal discussion, and to study variances needed, and implications and ramifications. Young and Case withdrew their motion and second. MOTION: Case moved to continue the Public Hearing until Tuesday, March 4, 2003. Seconded by Mosman, motion carried 5-0. Tyra-Lukens asked that Councilmembers with concerns on this topic relay them to Mr. Neal who will provide the information to the entire Council. c - u IlAsEi c- c// 7 We, the undersigned, are opposed to the division of any lots which would create addi- tional lots on Bryant Lake. Any such subdivision is not in the best interest of Bryant Lake or the neighborhoods involved. ilAUA/L 76"2-° lidW/ e-mek Ad /1/0,3 da ,"Address, Date /'L'A-t.,t;.4 k/-1,afit, -705) cotea-((ratac /eif 3A/0-3 Sittle, dress, Date fid 461/1_, 74�I 1 iiLtoW �' Ll4 �/� 3 d/ b3 Signatur ,Address, ate ,,---- I /60 L6S6ukr Ck124_2<Q_ 41(63 Da e k' 'CI) V.--.••� .ture,A dress, � � \u �a��� ��_ )cf)t)13 Signature,Address, Date 4( Jahcje 1031 \(\it' 1 1 olA1 li P)ID: Si e,Address, Date dII? JA,J q © 3sCI w 111"3 CK�e-ic. Qj , 110(3.3- I :ign.,0 re,Address, Date e, _itt de) 0,66,6 ( &I 3 / Q Signature,Address, Date Z ' r/ - /7/0 i c/ (a' / . 3 /71 • a e,Address, Da e e,„..: {,, ,Kx„,_ Rt ,L b ,..J I l ic„, \ pa -3 / I 03 Signa e,Address, Date /1/01)-- 49 7z&. zd///fipa,,,i, 3 z/ u Signa Address Dat t: V( `------ j14-Ai 6,e(:-/-k_ 7 iizttaur-iik&i(a , r-42//ei Signature,Addr ss ate r ' !kr/ "?6- 9 )0404 69-1 30/ ._ ,4 S• a � 1 dress, to ' Cj2U,(19-Sillt.bUf 1 b3 Si ature,Address, Date Re cR i Vt CI cut 41/,4 iketbI, We, the undersigned, are opposed to the "shoehorning" of a third lot into the space now occupied by lots 12 and 13 of the Cove addition on Bryant Lake. We bought our property in the belief that the platting agreed upon by the Eden Prairie City Council and Rees-Scroggins, the developer, was inviolate, and that the property lines would remain intact. Further, we the undersigned, are opposed generally to the division of any lots on Bryant Lake. Any such subdivision is not in the best interest of Bryant Lake or the neighborhood involved. Name Address Aftet__, $14: 4/,�.lr '4, 4 �45-,'' i —c.. c r Fi ci.J-�,. o, — /25c) / i% i''' ? C 6` t gip_ F , , :zyA " s\N- 41N4, ? Foc.Qt, ect ' r.L/r/o3 YJZettr'?I We,the undersigned, are opposed to the division of any lots which would create addi- tional lots on Bryant Lake. Any such subdivision is not in the best interest of Bryant Lake or the neighborhoods involved. . -kt2., K - aR4-51A) -70ti V\kiietaeAL 3., 1-0,g Situ a e,Address, Date .,,\ZL-1.r. gp. ‘....s...- -.3 (.... .,\ 41 kZO Va L...L.-6,A.4... CSPC>P......C... . r' '3'1 '.° Si ature,Address,Date 40 2- Gc1//low 6ec iL 3 ature, ess,D rt/L 7N-o uif/Criocia q / a3 Signature,Address,Date Signature,Address, Date Signature,Address,Date Signature,Address, Date Signature,Address, Date Signature,Address, Date Signature,Address, Date Signature,Address, Date Signature,Address,Date Signature,Address, Date Signature,Address,Date Q&I L# ct 0± '4l//d 3 r n7 Richard LaMet*ry 6861 Beach Road ��••''����''��'',,�� Eden Prairie, MN.55344 March 31,2003 Mayor and City Council Members C/O City of Eden Prairie RE:The Cove 2nd Addition Dear Mayor and Council Members: After attending the City Council meeting held Tuesday, February 18th, some comments and concerns were brought up that I would like to address before the April 1st council meeting. One concern was stated that the majority of the trees would have to be destroyed in order to construct a home on the site. No trees can be removed within the bluff area between the shoreline and the building pad, this is almost 200 feet, therefore making no difference in the view from the lake. The purposed tree loss is a worst case scenario, which is still less than allowed by city. Nevertheless, I have a home design that shall save another 50% of the projected tree loss, making it less than 10%. There are only two homes that will visually be affected by the tree removal, my home and Bob Franzin's, which will only be affected in the winter. I would like to state that I am too a property and home owner in the neighborhood and have the same interests and concerns as my neighbors and am not interested in seeing excess trees destroyed or the quality of the lake compromised,or see property values decreased. Even when remodeling the existing home I needed to removed 4 trees and have already replaced them with 25 more trees,with 30 more to be planted-this was not a requirement of the city. Another concern was there had to be massive retaining walls causing more damage to the bluff and trees.The home design is such that the foundation will step up the hill, thus acting as the retaining walls causing minimal additional retaining to be required. It was also brought up that it seems we were trying to sandwich a house on the lot. It may seem that way if you look at the house running parallel with the road, but the house will sit perpendicular to the road with side set backs of 70 plus feet to the west and 100 plus feet to the east from the existing homes,which is greater than many homes in the neighborhood. I know that the neighbors are concern that many other lots divisions may, in the future, come forward.These two lots are unique because they have the amount of lakeshore that is required to meet the 120 feet requirement needed for each lot to meet city codes.We have also done a study of the other looks in the neighborhood and have found that no other lots are able to be combined to create a third lot. I realize this is a unique lot and have given great thought in its design,and hope to enjoy living there for many years. I hope that since the project does meet city codes and the two waivers needed are existing conditions which are enjoyed by many other homeowners in the neighborhood including the county park,I again hope that you vote to pass the project. • Page 2 March 31,2003 1 thank you for your time and if you wish to meet at the site or have any questions please feel free to call me at 952-974-9309 or E-mail me at rlamettrvamn.rr.com. Sincerely, Richard A.LaMettry Richard I. 5861 Beach Road ��"J Eden Prairie,MN.55344 March 31,2003 Mayor and City Council Members CIO City of Eden Prairie RE:The Cove 2nd Addition Dear Mayor and Council Members: After attending the City Council meeting held Tuesday, February 18th, some comments and concerns were brought up that I would like to address before the April 1st council meeting. One concern was stated that the majority of the trees would have to be destroyed in order to construct a home on the site. No trees can be removed within the bluff area between the shoreline and the building pad, this is almost 200 feet, therefore making no difference in the view from the lake. The purposed tree loss is a worst case scenario, which is still less than allowed by city. Nevertheless, I have a home design that shall save another 50% of the projected tree loss, making it less than 10%. There are only two homes that will visually be affected by the tree removal, my home and Bob Franzin's, which will only be affected in the winter. I would like to state that I am too a property and home owner in the neighborhood and have the same interests and concerns as my neighbors and am not interested in seeing excess trees destroyed or the quality of the lake compromised,or see property values decreased. Even when remodeling the existing home I needed to removed 4 trees and have already replaced them with 25 more trees,with 30 more to be planted-this was not a requirement of the city. Another concern was there had to be massive retaining walls causing more damage to the bluff and trees.The home design is such that the foundation will step up the hill,thus acting as the retaining walls causing minimal additional retaining to be required. It was also brought up that it seems we were trying to sandwich a house on the lot.It may seem that way if you look at the house running parallel with the road, but the house will sit perpendicular to the road with side set backs of 70 plus feet to the west and 100 plus feet to the east from the existing homes,which is greater than many homes in the neighborhood. I know that the neighbors are concern that many other lots divisions may, in the future, come forward.These two lots are unique because they have the amount of lakeshore that is required to meet the 120 feet requirement needed for each lot to meet city codes.We have also done a study of the other looks in the neighborhood and have found that no other lots are able to be combined to create a third lot. I realize this is a unique lot and have given great thought in its design,and hope to enjoy living there for many years. I hope that since the project does meet city codes and the two waivers needed are existing conditions which are enjoyed by many other homeowners in the neighborhood including the county park,I again hope that you vote to pass the project. • Page 2 March 31,2003 I thank you for your time and if you wish to meet at the site or have any questions please feel free to call me at 952-974-9309 or E-mail me at rlamettryamn.rr.com. Sincerely, Richard A.LaMettry CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims Apr 1, 2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 118572-119005 Wire Transfers 1747-1758 Background Information Attachments City of Eden Prairie Council Check Summary 4/1/2003 Division Amount General 327,263 101 Legislative 158 102 Legal Counsel 30,470 104 Contingency 580 110 City Clerk 2,139 111 Customer Service 10,813 112 Human Resources 708 113 Communication Services 5,170 114 Benefits&Training 1,187 116 Facilities 21,157 117 City Center 2,265 130 Assessing 99 133 Community Development 781 135 Information Technology 44,873 136 Wireless Communication 15,904 137 Economic Development 50,000 150 Park Administration 9,324 151 Park Maintenance 4,597 153 Athletic Programs 7,946 154 Community Center 30,652 156 Youth Programs 601 158 Senior Center 2,891 160 Adaptive Recreation 329 161 Oak Point Pool 344 162 Arts 1,987 163 Park Facilities 110 180 Police 11,857 183 Civil Defense 439 184 Fire 28,302 185 Animal Control 77 186 Inspections 592 200 Engineering 399 201 Street Maintenance 4,573 202 Street Lighting 964 203 Fleet Services 27,779 204 Equipment Revolving 207,702 312 Recycle Rebate 20 412 Improvement Bonds 1991B 6,777 423 2003C Open Space Bonds 3,500 502 Park Development 2,834 503 Utility Improvement 47,944 506 Improvment Bonds 1996 43,271 509 CIP Fund 19,637 511 Construction Fund 16,863 601 Prairie Village Liquor 118,248 602 Den Road Liquor 151,526 603 Prairie View Liquor 118,456 701 Water Fund 111,277 702 Sewer Fund 6,292 703 Storm Drainage Fund 792 803 Escrow Fund 2,282 Report Totals 1,504,749 City of Eden Prairie Council Check Register 4/1/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1747 67,331 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 1748 2,304 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund 1749 545 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1750 282 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 1751 53,250 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 1752 120,590 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1753 22,843 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1754 8,835 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1755 15,172 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1756 22 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1758 66,206 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 118572 22 ACE ICE COMPANY Misc Non Taxable Prairie View Liquor Store 118573 354 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 118574 80 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 118575 4,270 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 118576 3,650 DAY DISTRIBUTING Beer Prairie View Liquor Store 118577 1,419 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 118578 2,644 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 118579 260 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 118580 366 GRAND PERE WINES INC Wine Domestic Den Road Liquor Store 118581 947 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 118582 5,837 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 118583 11,215 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 118584 6,139 MARK VII Beer Prairie View Liquor Store 118585 417 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 118586 667 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 118587 3,375 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 118588 921 PEPSI COLA COMPANY Misc Taxable Prairie View Liquor Store 118589 8,622 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 118590 405 PINNACLE DISTRIBUTING Operating Supplies Prairie View Liquor Store 118591 888 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 118592 9,287 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 118593 2,438 THORPE DISTRIBUTING Beer Prairie View Liquor Store 118594 1,181 WINE COMPANY,THE Wine Imported Den Road Liquor Store 118595 273 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 118596 3,250 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 118597 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 118598 260 ALLMAX PROFESSIONAL SOLUTIONS Conference Expense Water Utility-General 118599 100 ANTONICH,JILLENE Refunds Environmental Education 118600 459 APT,JOE Other Contracted Services Senior Center Program 118601 200 ASTIN,GREG Refunds Environmental Education 118602 11,695 CENTERPOINT ENEGY Gas Fire Station#1 118603 215 CHANHASSEN,CITY OF Special Event Fees Winter Skill Development 118604 10 DAUGHERTY,KIMBERLY Program Fee Outdoor Center 118605 100 DAVIDSON,DUFF Refunds Environmental Education 118606 37 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Services 118607 3,500 DORSEY&WHITNEY LLP Bond Issue Costs 2003C Open Space Refunding Bon 118608 185 DRISKILLS NEW MARKET Operating Supplies Youth Programs Administration 118609 100 EBERT,JON Refunds Environmental Education 118610 82 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 118611 100 EDGAR,BRIAN Refunds Environmental Education 118612 23 HEINEMANN DRAMA Operating Supplies Arts 118613 319 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 118614 38 JOHNSON-TESCH,TERi Lessons&Classes Fitness Classes 118615 675 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training 118616 80 LEAGUE OF MINNESOTA CITIES Conference Expense Water Utility-General 118617 51,430 LOGIS LOGIS Information Technology 118618 305 MEDICINE LAKE TOURS Special Event Fees Senior Center Program 118619 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 118620 216 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 118621 645 MINNESOTA AWWA Conference Expense Water Utility-General 118622 7,285 MINNESOTA STATE TREASURER Building Surcharge General Fund 118623 333 NORTHLAND BUSINESS SYSTEMS Office Supplies General 118624 1,068 QWEST Telephone Prairie Village Liquor Store 118625 1,604 Qwest COMMUNICATIONS Pager&Cell Phone Police 118626 68 REGENCY INN Travel Expense Water Utility-General 118627 48 RICHFIELD,CITY OF Operating Supplies Fleet Services 9 $? City of Eden Prairie Council Check Register 4/1/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118628 40 SAVEREIDE,BARBARA Program Fee Preschool Events 118629 60 ZILKA,AMY Other Contracted Services Senior Center Program 118630 20 AMERICAN SNIPER ASSOCIATION Dues&Subscriptions Police 118631 278 ANNANDALE TACTICAL Other Rentals Police 118632 447 ANOKA COUNTY SHERIFF'S OFFICE Other Rentals Police 118633 1,585 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 118634 251 BACHMANS CREDIT DEPT Operating Supplies Special Events&Trips 118635 122 BECKER,DAVE Clothing&Uniforms Police 118636 1,332 BENCHMARK LEARNING Conference Expense Information Technology 118637 1,540 BLOOMINGTON SECURITY SOLUTIONS Inside Equipment Repair&Main General Facilities 118638 207 BOCK,FRED Clothing&Uniforms Police 118639 298 BOGREN,ANN Canine Supplies Police 118640 50 BOLD,PAULINE Instructor Service Outdoor Center 118641 60 CAMP RIPLEY MESS FUND Tuition Reimbursement/School Police 118642 359 CORDER,DEAN R. Clothing&Uniforms Police 118643 73 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 118644 164 GRANT,STEPHANIE Clothing&Uniforms Police 118645 100 GROSS,KELLY Refunds Environmental Education 118646 92 GUSTAD,MARK Clothing&Uniforms Police 118647 1,755 IND SCHOOL DIST 272 Building Rental Winter Theatre 118648 1,000 LETTA Tuition Reimbursement/School Police 118649 100 LEWIS,STEVEN Refunds Environmental Education 118650 100 LOMEN,KATHLEEN Refunds Environmental Education 118651 21 MERLINS ACE HARDWARE Repair&Maint.Supplies General Facilities 118652 180 MINNESOTA CHAPTER IAA' Tuition Reimbursement/School Police 118653 25 MN DEPT.OF LABOR AND INDUSTRY Tuition Reimbursement/School Police 118654 18 MN/SCIA Dues&Subscriptions Police 118655 100 MNSF-METROPOLITAN REGION Dues&Subscriptions Senior Center Program 118656 100 MORES!,JAN Refunds Environmental Education 118657 25 NATIONAL ASSOCIATION OF TOWN W Dues&Subscriptions Police 118658 290 NATIONAL RECREATION AND PARK A Dues&Subscriptions In Service Training 118659 23,726 NORTH STAR GARAGE INC Autos Public Safety 118660 153 PAIN ENTERPRISES INC. Chemicals Pool Maintenance 118661 100 PETERSON,WAYNE M. Refunds Environmental Education 118662 100 PITTELKOW,GERALD Refunds Environmental Education 118663 108 QUINLAN PUBLISHING Dues&Subscriptions Police 118664 38 RICHFIELD,CITY OF Autos Public Safety 118665 250 SCHLOSSMACHER,JIM Travel Expense Police 118666 6,777 SCHROER,JENNIFER Prepaid Assessments Improvement Bonds 1991 B 118667 69 STEVE LUCAS PHOTOGRAPHY Other Contracted Services Police 118668 69,396 SUPERIOR FORD Autos Public Safety 118669 101 THIELMAN,MARC Mileage&Parking General Facilities 118670 991 TRANS ALARM INC Building Repair&Maint. Public Works/Parks 118671 1,317 US POSTMASTER-HOPKINS Postage Water Accounting 118672 45 W GORDON SMITH COMPANY,THE Operating Supplies Water Utility-General 118673 25 WEIGEL,CHRISTY Licenses&Taxes Police 118674 192 WESTACOTT,JOEL Capital Under$2,000 Summer Theatre 118675 16 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor.Store 118676 65 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie Village Liquor Store 118677 88 AMERIPRIDE LINEN&APPAREL SER Repair&Maint,Supplies Den Road Liquor Store 118678 229 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 118679 5,169 BELLBOY CORPORATION Liquor Den Road Liquor Store 118680 3,815 DAY DISTRIBUTING Beer Den Road Liquor Store 118681 688 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 118682 10,783 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 118683 577 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 118684 12,725 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 118685 641 HOHENSTEINS INC Beer Prairie Village Liquor Store 118687 24,511 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 118688 7,417 MARK VII Beer Den Road Liquor Store 118689 542 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 118690 2,038 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 118691 314 PEPSI COLA COMPANY Merchandise for Resale Concessions 118692 11,655 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 118693 688 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 118694 3,327 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 118695 10,822 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store City of Eden Prairie Council Check Register 4J1/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118696 15,435 THORPE DISTRIBUTING Beer Den Road Liquor Store 118697 430 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store 118698 3,588 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 118699 3,677 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 118700 192 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 118701 19 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 118702 101 AT&T Pager&Cell Phone Police 118703 37,205 CENTERPOINT ENERGY MARKETING I Gas Maintenance 118704 981 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 118705 168 CLASSLINE INC Clothing&Uniforms Police 118706 99 COLLIERS TOWLE Operating Supplies Assessing 118707 810 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 118708 79 CULLIGAN BOTTLED WATER Operating Supplies Fire 118709 449 DARTNELL CORPORATION,THE Training Supplies Water Utility-General 118710 11 DE ABREU,RUTA Program Fee Senior Center Program 118711 1,070 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 118712 896 EDEN PRAIRIE APPLIANCE Capital Under$2,000 Fire Station#1 118713 22 GEORGE,MOLLY Program Fee Outdoor Center 118714 7 HAGEN,FLOYD Program Fee Senior Center Program 118715 346 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 118716 779 JANEX INC Cleaning Supplies Maintenance 118717 777 JEFFERSON FIRE&SAFETY INC Small Tools Fire 118718 117 LE,DANH VAN AR Utility Water Enterprise Fund 118719 2,687 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 118720 150 MINNESOTA DEPT OF PUBLIC SAFET Tuition Reimbursement/School Fire 118721 345 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Utility-General 118722 1,361 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 118723 800 MN WEIGHTS AND MEASURES Equipment Repair&Maint Street Maintenance 118724 20 MRPA Conference Expense Parks Administration 118725 6,297 NILSSEN,BETH Instructor Service Ice Arena 118726 184 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 118727 22 NYBERG,LUANNE Program Fee Outdoor Center 118728 211 PETTY CASH Mileage&Parking Senior Center Administration 118729 289 PETTY CASH-POLICE DEPT Tuition Reimbursement/School Police 118730 20 PRENTICE,JACALYN Program Fee Senior Center Program 118731 100 RAVEY,LEANNE Refunds Environmental Education 118732 100 RICHARDS,JEFF Refunds Environmental Education 118733 100 SCHENDEL,KURT Refunds Environmental Education 118734 4 SCHULTZE,CAROLE Outside Water Sales Water Enterprise Fund 118735 228 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 118736 139 SUN NEWSPAPERS Legal Notices Publishing City Clerk 118737 100 TYLER,JOLIN Refunds Environmental Education 118738 738 UNITED WAY United Way Withheld General Fund 118739 5 UZ,GABRIELLE Program Fee Outdoor Center 118740 100 WELLER,VICTORIA Refunds Environmental Education 118741 100 ZIERDEN,BRENDA Refunds Environmental Education 118742 100 ABERKORN,ROBERT Refunds Environmental Education 118743 100 ARMSTRONG,DONNA Refunds Environmental Education 118744 100 BRINKMAN,TED Refunds Environmental Education 118745 100 BUSCH,SUSAN Refunds Environmental Education 118746 197 CASE,KATHIE Video&Photo Supplies Capital Impr./Maint.Fund 118747 96 CINEMA GRILL Operating Supplies Teen Programs 118748 262 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 118749 18 CULLIGAN BOTTLED WATER Operating Supplies Fire 118750 129 CUMMINGS,KIM Mileage&Parking Fire 118751 100 DERICKSON,LORI Refunds Environmental Education 118752 7,749 DRT TRANSPORT Other Contracted Services Lime Sludge 118753 100 EDUCATE,ERIC Refunds Environmental Education 118754 50 EDWARDS,KATHY Refunds Environmental Education 118755 100 GRANAT,KATHY Refunds Environmental Education 118756 50,000 HABITAT FOR TECHNOLOGY Miscellaneous Economic Development 118757 100 HEWITT,DAVID Refunds Environmental Education 118758 100 JACKSON,ROBERT Refunds Environmental Education 118759 50 JASON,COLLEEN Refunds Environmental Education 118760 100 KAO,MEMIE Refunds Environmental Education 118761 100 LAMOTHE,ROSS Refunds Environmental Education 118762 79 LIONS TAP Operating Supplies Fire JOT V City of Eden Prairie Council Check Register 4/1/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118763 100 LUBRATOVICH,MICHAEL Refunds Environmental Education 118764 100 MASSEE,TAMI Refunds Environmental Education 118765 100 MIKELSON,PAUL Refunds Environmental Education 118766 225 MINNESOTA FIRE SERVICE CERTIFI Dues&Subscriptions Fire 118767 30 MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 118768 23,340 NELSON DODGE-GMC Autos Water System Maintenance 118769 5,220 PRUDENTIAL INS CO OF AMERICA C Life Insurance Employees General Fund 118770 6,557 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 118771 1,545 RICHFIELD,CITY OF Autos Water System Maintenance 118772 443 ROUSE,SUSAN Clothing&Uniforms Ice Show 118773 27 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store 118774 91 STOVRING,LESLIE Mileage&Parking Environmental Education 118775 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 118776 200 TIME WARNER CABLE Cable TV Fire 118777 700 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police 118778 35 WOLF CAMERA Video&Photo Supplies Fire 118779 155 BLOOMINGTON PARK CATERED EVENT Miscellaneous City Council 118780 276 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 118781 261 BUSCH,GARY&JOYCE AR Utility Water Enterprise Fund 118782 79 ECOLAB INC Other Contracted Services Water Treatment Plant 118783 31,209 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 118784 20 LEAGUE OF MINNESOTA CITIES Conference Expense General 118785 40 LEMON,LEONA Program Fee Adult Program 118786 445 LEON DUDA PLUMBING Equipment Parts Water Meter Repair 118787 3,794 METRO SALES INCORPORATED* Other Rentals General 118788 110 MINNESOTA TRANSPORTATION ALLIA Miscellaneous In Service Training 118789 100 MOE,CAROL Refunds Environmental Education 118790 17,165 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 118791 100 MURAKAMI,JOHN Refunds Environmental Education 118792 85,716 NELSON DODGE-GMC Autos Park&Recreation 118793 200 NELSON,B.SUSAN Other Contracted Services Accessibility 118794 50 NICKOLAI,MARLENE Refunds Environmental Education 118795 100 OLSON,MICHAEL Refunds Environmental Education 118796 100 PEARSON,TERRI Refunds Environmental Education 118797 36 PFEIFFER,WILLIAM AR Utility Water Enterprise Fund 118798 7,443 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 118799 9,430 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 118800 50 QUILLIN,DAN Refunds Environmental Education 118801 7,605 RICHFIELD,CITY OF Autos Park&Recreation 118802 50 ROLFSRUD,VIRGIL Refunds Environmental Education 118803 65 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 118804 683 SUN NEWSPAPERS Legal Notices Publishing City Clerk 118805 23,132 SUPERIOR FORD Autos Public Safety 118806 100 TAYLOR,CHRISTINA Refunds Environmental Education 118807 27 TRAN,LIEN Youth Resident Community Center Admin 118808 478 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 118809 10 WERBOWSKI,MAY Program Fee Adult Program 118810 3,276 XCEL ENERGY Principal Traffic Signals 118811 100 ZIEBOL,FRED Refunds Environmental Education 118812 17 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 118813 372 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 118814 97 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 118815 2,304 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 118816 8,726 DAY DISTRIBUTING Beer Prairie Village Liquor Store 118817 6,187 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 118818 16,104 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store 118819 811 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 118820 10,056 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 118821 325 HOHENSTEINS INC Beer Den Road Liquor Store 118822 16,982 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 118823 14,780 MARK VII Misc Taxable Prairie View Liquor Store 118824 384 MASS BAR-MATE CORP Misc Taxable Prairie Village Liquor Store 118825 357 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 118826 91 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 118827 2,884 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 118828 423 PEPSI COLA COMPANY Merchandise for Resale Concessions 118829 13,089 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store /0 / City of Eden Prairie Council Check Register 4/1/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118830 654 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store 118831 5,719 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 118832 8,976 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 118833 9,541 THORPE DISTRIBUTING Beer Den Road Liquor Store 118834 104 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Den Road Liquor Store 118835 257 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 118836 3,964 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 118837 7,881 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 118838 200 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program 118839 20 ASSN OF RECYCLING MANAGERS INC Dues&Subscriptions Recycle Rebate 118840 33 BLOOMINGTON,CITY OF Printing Adaptive Recreation 118841 8,325 BURBACH AQUATIC'S INC Design&Engineering Planning&Development 118842 140 CARLTON COUNTY SHERIFF'S DEPT Deposits Escrow 118843 14 MACKINNON,ROBERT Program Fee Senior Center Program 118844 162 MENARDS Repair&Maint.Supplies Water System Maintenance 118845 360 MINNESOTA CHAPTER IAAI-J SCHAD Conference Expense Inspections-Administration 118846 21,751 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 118847 208 NELSON DODGE-GMC Autos Water System Maintenance 118848 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 118849 330 SCOTT COUNTY SHERIFFS DEPT Deposits Escrow 118850 50 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Storm Drainage 118851 714 SUN NEWSPAPERS Employment Advertising Human Resources 118852 8 TIME WARNER CABLE Cable TV Fire 118853 5 UNITED PARCEL SERVICE Postage General 118854 41 VIKING ELECTRIC SUPPLY Operating Supplies Civil Defense 118855 910 VISIONARY SYSTEMS LTD. Operating Supplies Fire 118856 70 4 WHEEL DRIVE CENTER,THE Equipment Parts Fleet Services 118857 193 A TO Z RENTAL CENTER Small Tools Fleet Services 118858 340 AIM ELECTRONICS Equipment Repair&Maint Ice Arena 118859 919 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fire 118860 198 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 118861 617 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 118862 172 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Water Utility-General 118863 434 ANCHOR PAPER COMPANY Office Supplies General 118864 6,180 ANCHOR PRINTING COMPANY Printing Communication Services 118865 5,340 AQUA CITY PLUMBING AND HEATING Building Repair&Maint. Water Treatment Plant 118866 871 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 118867 109 AUDIOVISUAL INC Other Contracted Services Communication Services 118868 235 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services 118869 724 BARTOS PRODUCTS Capital Under$2,000 Fleet Services 118870 637 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 118871 280 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police 118872 221 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 118873 359 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 118874 31 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies General Facilities 118875 714 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 118876 281 BRAUN INTERTEC CORPORATION Other Contracted Services Lime Sludge 118877 570 BRO-TEX INC Safety Supplies Fleet Services 118878 373 BROADWAY RENTAL EQUIPMENT CO Other Rentals Civil Defense 118879 563 BUCK,BRENT Other Contracted Services Basketball 118880 3,310 BUCK,NATHAN Other Contracted Services Volleyball 118881 108 BUSINESS PRODUCTS EXPRESS Office Supplies General 118882 15 CAWLEY COMPANY,THE Office Supplies General 118883 257 CENTRAIRE INC Equipment Repair&Maint Den Road Liquor Store 118884 1,317 CIDERTECH Other Contracted Services City Clerk 118885 3,124 CLAREYS INC Safety Supplies Storm Drainage 118886 530 CLOSED CIRCUIT SPECIALISTS INC Building Repair&Maint. Police City Center 118887 2,422 CORPORATE EXPRESS Office Supplies General 118888 24 CROWN MARKING INC Office Supplies General 118889 226 CROWN PLASTICS INC Equipment Parts Fleet Services 118890 10 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 118891 6,840 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 118892 150 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 118893 942 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Services 118894 286 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant 118895 222 DELEGARD TOOL CO Equipment Parts Fleet Services 118896 338 DELTAFLEX Equipment Parts Fleet Services /0� City of Eden Prairie Council Check Register 4!1/2003 Check# Amount Vendor!Explanation Account Description Business Unit 118897 101 DIESEL INJECTION SERVICE INC Equipment Parts Fleet Services 118898 322 DYNA SYSTEMS Equipment Parts Water System Maintenance 118899 457 ECOLAB INC Chemicals Park Maintenance 118900 164 EDINA SW PLUMBING Building Repair&Maint. Fire Station#2 118901 15,106 EF JOHNSON Equipment Repair&Maint Wireless Communication 118902 1,118 ELECTRO-NUMERICS INC Capital Under$2,000 Water Treatment Plant 118903 150 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 118904 1,646 EMERGENCY AUTOMOTIVE TECHNOLOG Capital Under$2,000 Fleet Services 118905 80 ENVIRONMENTAL RESOURCE GROUP Other Contracted Services Reserve 118906 593 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 118907 244 FERRELLGAS Motor Fuels Ice Arena 118908 34 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 118909 54 FITNESS WHOLESALE Recreation Supplies Pool Lessons 118910 1,166 FORCE AMERICA Equipment Parts Fleet Services 118911 837 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 118912 210 GENERAL MACHINING INC. Equipment Repair&Maint Fleet Services 118913 62 GENERAL SAFETY EQUIPMENT COMPA Equipment Repair&Maint Fire 118914 385 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 118915 345 GRAINGER Equipment Parts Fleet Services 118916 72 HACH COMPANY Operating Supplies Water Treatment Plant 118917 563 HACKETT,SCOTT Other Contracted Services Basketball 118918 10,014 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 1996 118919 611 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 118920 1,748 HCMC EMERGENCY MEDICAL SERVICE Safety Supplies Fire 118921 418 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 118922 1,400 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 118923 490 HIGLEY,MARICA Other Contracted Services Adult Open Gym 118924 63 HOLMES,DAVE Other Contracted Services Basketball 118925 320 HOLMES,TOM Other Contracted Services Volleyball 118926 500 HUBERTY MARKETING RESEARCH Other Contracted Services Reserve 118927 584 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 118928 15 IDEXX DISTRIBUTION CORP Operating Supplies Water Treatment Plant 118929 190 IN CONTROL INC. Equipment Repair&Maint Water Well#2 118930 389 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 118931 1,340 INGRAHAM&ASSOC Improvements to Land Park Acquisition&Development 118932 45 INNOVATIVE GRAPHICS Clothing&Uniforms Police 118933 49 J&J LAWN&SPORT Equipment Parts Fleet Services 118934 132 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services 118935 436 JANEX INC Cleaning Supplies General Facilities 118936 370 JEFFERSON FIRE&SAFETY INC Small Tools Fire 118937 501 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 118938 584 JOSEPH G.POLLARD CO INC Repair&Maint.Supplies Water System Maintenance 118939 272 KEEPRS INC. Clothing&Uniforms Reserves 118940 29 KINKO'S Printing Fire 118941 60 KRUEGER,WENDY Other Contracted Services Volleyball 118942 518 KUSTOM SIGNALS INC Equipment Repair&Maint Police 118943 886 LAB SAFETY SUPPLY INC Protective Clothing Sewer System Maintenance 118944 110 LAKE COUNTRY DOOR Building Repair&Maint. City Center Operations 118945 758 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 118946 77 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 118947 181 LIFE SAFETY SYSTEMS Building Repair&Maint. Public Works/Parks 118948 13,800 LOAD-O-METER CORP Machinery&Equipment Pavement Management Program 118949 5,474 MACDONALD&MACK ARCHITECTS LT Building Capital Impr./Maint.Fund 118950 4,260 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 118951 376 MENARDS Operating Supplies Traffic Signs 118952 30 METRO FIRE Equipment Repair&Maint Fire 118953 650 METROPOLITAN AREA PROMOTIONS C Advertising Prairie Village Liquor Store 118954 526 METROPOLITAN FORD Equipment Parts Fleet Services 118955 426 MIDWEST TELETRON INC. Operating Supplies Police 118956 50 MINN BLUE DIGITAL Operating Supplies Engineering 118957 229 MINNESOTA CONWAY Operating Supplies Fire 118958 520 MINNESOTA GLOVE INC Protective Clothing Street Maintenance 118959 1,629 MTI DISTRIBUTING INC Equipment Parts Fleet Services 118960 1,850 NEUMANN,NEAL Other Contracted Services Broomball 118961 36 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 118962 632 OLSEN COMPANIES Equipment Parts Fleet Services 118963 120 PAPER DIRECT INC Office Supplies Senior Center Administration /03 City of Eden Prairie Council Check Register 411/2003 Check# Amount Vendor/Explanation Account Description Business Unit 118964 180 PERKINS Other Contracted Services Park Maintenance 118965 122 POWERPLAN Equipment Parts Fleet Services 118966 1,682 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Well#2 118967 11 PRAIRIE LAWN AND GARDEN Small Tools Street Maintenance 118968 128 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena 118969 212 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 118970 27 RAINBOW FOODS INC. Operating Supplies Senior Center Program 118971 360 RAY,DAVID M. Other Contracted Services Basketball 118972 368 RAY,LEE Other Contracted Services Basketball 118973 453 RCM&ASSOCIATES Operating Supplies Telephone 118974 77 RECREONICS Safety Supplies Oak Point Operations 118975 19,820 RMR SERVICES INC Other Contracted Services Utility Improvement Fund 118976 84 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 118977 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 118978 9,987 SHORT ELLIOT HENDRICKSON INC Design&Engineering Construction Fund 118979 231 SNAP-ON TOOLS Small Tools Fleet Services 118980 45,146 SRF CONSULTING GROUP INC Deposits Escrow 118981 272 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 118982 400 ST PAUL,CITY OF Tuition Reimbursement/School Police 118983 2,069 STREICHERS Equipment Parts Fleet Services 118984 1,549 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 118985 3,940 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund 118986 28,967 SYSTEM CONTROL SERVICES Equipment Parts Utility Improvement Fund 118987 324 THYSSENKRUPP ELEVATOR Other Contracted Services Fire Station#1 118988 325 TIERNEY BROS INC Capital Under$2,000 Fleet Services 118989 59 TOLL GAS AND WELDING SUPPLY Equipment Parts Water System Maintenance 118990 40 TORO COMPANY,THE Operating Supplies Fleet Services 118991 74 TOTAL REGISTER Operating Supplies Den Road Liquor Store 118992 23 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services 118993 440 TWIN CITY OXYGEN CO Operating Supplies General Facilities 118994 3,440 UNIFORMS UNLIMITED Clothing&Uniforms Fire 118995 1,210 UNITED RENTALS Other Rentals Street Maintenance 118996 35 US CAVALRY Clothing&Uniforms Police 118997 298 WALLACE METRO PRINTING Office Supplies Fire 118998 982 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance 118999 1,311 WATSON CO INC,THE Merchandise for Resale Concessions 119000 105 WEST WELD Equipment Parts Fleet Services 119001 1,008 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 119002 54 WOLF CAMERA Video&Photo Supplies Fire 119003 1,470 YOCUM OIL COMPANY INC Motor Fuels Water Treatment Plant 119004 829 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 119005 773 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 1,504,749 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director April 1,2003 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Public Works Service Area Presentation of the Storm Water Permit ITEM NO.: Leslie Stovring Application and Storm Water Pollution X/ V /) ', Through Eugene Dietz Prevention Plan Requested Action Preview the presentation on the Storm Water Permit Application and Pollution Prevention Plan Synopsis The City of Eden Prairie is required to submit a Phase II National Pollutant Discharge Elimination System(NPDES)Permit. This presentation will cover basic information regarding the following. • What is a Phase II NPDES Permit? • What is required for a Storm Water Pollution Prevention Plan(SWPPP)? • What Best Management Practices (BMPs) are proposed for each Minimum Control Measure (MCM)? • What are the financial implications? Staff time? • When is the permit application due? The completed NPDES permit application will be submitted to the City Council as a Consent Agenda item on April 18, 2003. Background Information The NPDES Phase II Permit application was due March 10, 2003. However, due to the slow response time by the Minnesota Pollution Control Agency (MPCA) in preparing the permit application and instructions, the deadline has been extended to May 9, 2003. This is to allow administrative review of the proposed permit application and associated Plan. An unsigned application was submitted on March 6, 2003 to the MPCA under the terms of this extension. The NPDES Permit was promulgated in 1990 under the Clean Water Act (CWA) which is administered by the Environmental Protection Agency(EPA). The MPCA has assumed the role as the administrative agency for these requirements. The Storm Water Phase II Rules were enacted as the next step in the EPA's effort to preserve,protect and improve the Nation's water resources from polluted storm water runoff. The Phase II Rules are directed at Municipal Separate Storm Sewer Systems(MS4s)in urbanized areas,such as suburban areas of Minneapolis. MS4s with populations of 100,000 or greater were covered under the Phase I Rules. The SWPPP provides a plan of action and a series of Best Management Practices which the City will undertake to assist in obtaining these goals. This presentation will provide additional details regarding the parts of the SWPPP and the proposed BMPs. Attachments • PowerPoint slide copies. • SWPPP Draft Background Stormwater Pollution • Clean Water Act—1990 • National Pollutant Discharge Prevention Plan Elimination System (NPDES) Permit (SWPPP) • Phase I NPDES Permit —MS4s • • Phase II NPDES Permit Phase II NPDES Phan II NPDES Stormwater Management Program Why? Designed to reduce the discharge of • Degraded water bodies still exist pollutants "to the maximum extent • Reduce adverse impacts practicable" to protect water quality, and • Concentrated development in urbanized to satisfy the appropriate water quality areas leads to greater potential to release: requirements of the Clean Water Act. — Pesticides/Fertilizers — Oils/Salt (EPA) — Litter/Sediment — Other debris 41$"? Phan II NPDES Phase II NPDES Minnesota Permit Application • Minnesota Pollution Control Agency • Five year coverage (MPCA) • Requires the City to state: • Permit application was due — Minimum Control Measures March 10, 2003 — Annual reporting ■ Permit deadline extended to May 9, • ASIST 2003 Phase II NPDES Phan II NPDES 1 /0� Plan Goals Pieces of the Pie • Self Assessment • Stormwater Permit Application • SWPPP • Stormwater Pollution Prevention Plan • BMPs (SWPPP) —Education • Best Management Practices (BMPs)for •Public 6 Minimum m mum Control Measures (MCMs) •Employees —Public Participation —Site Runoff Control 111.11.00 Phase II NPDES Phase 11 NPDES Stormwater Pollution Prevention Plan (SWPPP) Minimum Control Measures (MCMs) • Describes self-assessment process 1. Public Education and Outreach • Summary of proposed plan of action 2. Public Participation/Involvement • Funding 3. Illicit Discharge Detection& Elimination • Staff responsibilities 4. Construction Site Runoff Control • Permit coverage 5. Post-Construction Runoff Control • Outside resources available 6. Pollution Prevention/Good Housekeeping •Amendment process for Municipal Operations Phase!!NPDES Phan II NPDES MCM 1 — Public Education MCM 2— Public Participation / and Outreach Involvement • Utility Bill Insert • Annual Public Meeting • Website(required) (required) • Annual City Council submittal(required) • Storm Drain Labeling Program • Environmental Fair(biannual) • Lawn Care Professional Mailer • Wetland Health Evaluation • Phosphorus Fertilizer Ordinance Mailer Program 44, • Environmental Video Production ;- • Park Clean Up Event • Environmental Learning Center • New Resident Packet IP/k ■:City Open House Phan II NPDES Phase II NPDES 2 /a9 MCM 3— Illicit Discharge Detection MCM 4— Construction Site and Elimination Runoff Control • Storm Sewer System Map(required) • Construction Site Storm water Runoff • Illicit Discharge Ordinance Ordinance(required by 2005) (required by 2008) • Construction Site Plan Review • Illicit Discharge Detection Program • Construction Site Waste Control ■ Illegal Dumping Detection Program Program • • Construction Site Inspection& • Annual CityClean Up °" � Enforcement Program -.f�.,° • Public Hotline(required) ' x'x Phoe II NPDES Phase II NPDES MCM 5 — Post Construction MCM 6— Pollution Prevention / Runoff Control Good Housekeeping • Post Construction Ordinan ce • Park and Open Space- Landscaping and Lawn Care (required by 2008) Training/Program ■ Fleet&Building Maintenance-Training/Program • Stormwater Detention Requirements • Road Salt Materia Is Management Program • Outlet Structure Stabilization + Z • Stormwater System Maintenance Training • Local Water Management Plan i ,t 1 • Storm Sewer Inspection Program ■ SMP/IMP Operation& e 11/a • Storm Drain System Cleaning&Rep air Program —1A,"'l^' ■ Parking Lot&Street Cleaning r Maintenance E • Fire Division Training/Program �I' ��r ems' ;I'tea� a�7`, Phase II NPDES Phase II NPDES Annual Report In Closing • Due March 10 starting in 2004 • Key benefit is long term • Permit coverage through 2008 planning and management of •ASIST software our water resources through: —Education ■ BMPs —Runoff Controls • Staff commitment r� � ' —Municipal Housekeeping [EHE ND', -v7 1!7 1, Phase II NPDES Phase II NPDES 3 105' CITY OF EDEN PRAIRIE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 0 Tjlvn Prairie!: Ca ? TABLE OF CONTENTS LIST OF ABBREVIATIONS/ACRONYMS I 1.0 INTRODUCTION 1 1.1 PLAN PURPOSE 1 1.2 RELATIONSHIP TO OTHER CITY PLANS 1 1.2.1 Local Drainage Plan Update(LDPU)-1999 1 1.2.2 Comprehensive Wetland Protection and Management Plan(CWPMP)-1999 1 1.2.3 Local Water Management Plan(LWMP)—2003 1 1.2.4 Wellhead Protection Plan(WHPP)—2003 1 1.3 RELATIONSHIP TO OTHER REGULATORYAGENCIES 1 1.4 MINIMUM CONTROL MEASURES(MCMS) 2 1.5 SELF-ASSESSMENT 2 1.6 FUNDING MECHANISM 3 1.7 MUNICIPAL FACILITIES 4 1.7.1 City Center 4 1.7.2 Water Treatment Plant 4 1.7.3 Fleet Services/Street Maintenance/Parks Maintenance 4 1.7.4 Fire Division 4 1.7.5 Miscellaneous Operations • 4 2.0 REGULATORY FRAMEWORK 5 2.1 CITY OF EDEN PRAIRIE-CURRENT NATURAL RESOURCE PROTECTION MEASURES 5 2.2 AGENCY RESOURCES 5 2.2.1 Metropolitan Council(Met Council) 5 2.2.2 Minnesota Pollution Control Agency(MPCA) 6 2.2.3 Hennepin Conservation District 6 2.2.4 Riley-Purgatory-Bluff Creek/Nine Mile Creek Watershed Districts 6 3.0 MINIMUM CONTROL MEASURES 7 3.1 MINIMUM CONTROL MEASURE 1—PUBLIC EDUCATION AND OUTREACH 7 3.2 MINIMUM CONTROL MEASURE 2—PUBLIC PARTICIPATION/INVOLVEMENT 8 3.3 MINIMUM CONTROL MEASURE 3—ILLICIT DISCHARGE DETECTION AND ELIMINATION 8 3.4 MINIMUM CONTROL MEASURE 4—CONSTRUCTION SITE RUNOFF CONTROL 9 3.5 MINIMUM CONTROL MEASURE 5—POST CONSTRUCTION RUNOFF CONTROL 9 3.6 MINIMUM CONTROL MEASURE 6—POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 9 3.7 TARGET GROUP SUMMARY 10 4.0 AMENDMENT PROCEDURE 13 4.1 PUBLIC REQUESTS FOR AMENDMENT 13 4.2 STAFF AMENDMENTS 13 . ! /0 LIST OF ABBREVIATIONS/ACRONYMS Abbreviation I Definition I Abbreviation Definition BMP Best Management Practice(See MECA Minnesota Erosion Control IMP) Association BWSR Minnesota Board of Water and Met Council Metropolitan Council Soil Resources CFR Code of Federal Regulations MN/Minn. Minnesota CIP Capital Improvement Program MPCA Minnesota Pollution Control Agency City City of Eden Prairie MS4 Municipal Separate Stormwater System Minnesota Valley National Wildlife COE U.S.Army Corps of Engineers MVNWR Refuge CWA Clean Water Act NOI Notice of Intent CWPMP Comprehensive Wetland NPDES National Pollution Discharge Protection and Management Plan Elimination System EPA Environmental Protection Agency NURP Nationwide Urban Runoff Program GIS Geographic Information System NMCWD Nine Mile Creek Watershed District (ArcView GP General Permit OHWL " Ordinary High Water Level HCD Hennepin Conservation District RPBCWD Riley-Purgatory-Bluff Creek Watershed District Integrated Management Practice SWPPP Storm Water Pollution Prevention IMP (see BMP) — Plan IP Implementation Plan USFWS U. S.Fish and Wildlife Service LDPU Local Drainage Plan Update WCA Minnesota Wetland Conservation Act LGU Local Governmental Unit WD Watershed District LMC League of Minnesota Cities WHPA Wellhead Protection Area LMRWD Lower Minnesota River WHPP Wellhead Protection Plan Watershed District LWMP Local Water Management Plan WMO Watershed Management Organization MCM Minimum Control Measure WOMP Watershed Outlet Monitoring Program MDNRJDNR Minnesota Department of Natural Resources i. f / i 1.0 INTRODUCTION Water quantity and water quality are both important considerations in our City during both development review and planning for the future. This Stormwater Pollution Prevention Plan (SWPPP) was developed to provide the City of Eden Prairie with information and direction regarding the implementation of water resource management activities within the City over the next five(5) years. 1.1 PLAN PURPOSE The SWPPP was written to address concerns regarding deteriorating water quality due to pollutants transported through stormwater runoff to our lakes, creeks and wetlands. The Phase II National Pollution and Discharge Elimination System (NPDES) permitting process requires Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas, such as the city of Eden Prairie, to file a Phase II NPDES permit with the Minnesota Pollution Control Agency (MPCA) which addresses how the City will regulate and manage stormwater discharges. Phase I of the United States Environmental Protection Agency (EPA) stormwater program was promulgated in 1990 under the Clean Water Act(CWA). Phase I addressed MS4s with populations of 100,000 or greater. 1.2 RELATIONSHIP TO OTHER CITY PLANS Four other water resource planning tools were or are being developed for the City. • 1.2.1 LOCAL DRAINAGE PLAN UPDATE(LDPU)- 1999 The LDPU was an update of the 1970 Drainage Plan prepared by Barr Engineering Co. for Eden Prairie and includes stormwater modeling from a quantitative aspect. 1.2.2 COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLAN(CWPMP)- 1999 The CWPMP, required by Minn. Rules 8420.0650, provided an inventory of wetlands and other water bodies in Eden Prairie, an assessment of the wetland functions using the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MinRAM, version 1.0), and provided resulting public values for the water bodies.- 1.2.3 LOCAL WATER MANAGEMENT PLAN(LWMP)-2003 , The LWMP provides an overall planning and management tools for water resources within the City of Eden Prairie. Many components from the LWMP will be incorporated into the SWPPP. 1.2.4 WELLHEAD PROTECTION PLAN(WHPP)-2003 The WHPP will provide a planning and analysis guide for protection of the City's wellhead protection area (WHPA). Potential impacts to the WHPA from stormwater drainage will be evaluated while developing the SWPPP. . 1.3 RELATIONSHIP TO OTHER REGULATORY AGENCIES • The SWPPP is intended to meet requirements outlined the EPA's Phase II stormwater rules as well as provide a user-friendly tool for day-to-day management of the City's stormwater discharge system. The Phase II NPDES program is being administered by the MPCA. 1 1.4 MINIMUM CONTROL MEASURES(MCMs) The SWPPP conthins the City's plan to address the 6 Minimum Control Measures (MCMs) outlined in the Phase II NPDES permit requirements. These 6 Minimum Control Measures are: 1. Public Outreach and Education • 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention/Good Housekeeping 1.5 SELF-ASSESSMENT • City staff attended a workshop organized by the League of Minnesota Cities (LMC) to gather information on how to develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the MPCA requirements. A series of meetings with City staff were conducted to assess the proposed permit requirements, existing programs and proposed best management practices for inclusion in the SWPPP. Following are some of the factors that were considered during the self- assessment phase. • Sources of pollutants • Sensitivity and uses of existing receiving waters • Geology,hydrology and climate conditions • Size of the community including existing and future development • Implementation schedules and staff availability • Financial implications • Watershed characteristics The actions taken to complete the self-assessment included the following. • Review of existing ordinances. • Review of existing stormwater pollution prevention policies and practices currently in use in the City. • Review of existing educational and gaining programs which focus on stormwater pollution prevention. • Internal staff meetings to discuss the relationship between existing programs and proposed new programs to fulfill any gaps in meeting the required MCMs and to develop timelines and budgets for implementation. • Selection of appropriate Best Management Practices. City staff also considered the following non-stormwater discharges to determine whether they should be identified as significant contributors of pollutants to our stormwater system. • Water line flushing • Landscape irrigation • Diverted stream flows • Rising ground waters • Uncontaminated ground water infiltration • Uncontaminated pumped ground water 2 • Discharges from potable water sources • Foundation drains • Air conditioning condensation • Irrigation water • Springs • Water from crawl space pumps • Footing drains • Lawn watering • Individual residential car washing • Flows from riparian habitats and wetlands • Dechlorinated swimming pool discharges • Street wash water • Discharge or flows from fire fighting activities 1.6 FUNDING MECHANISM The City of Eden Prairie has established a Stormwater Utility Fee that is assessed against utility bills. The City's Stormwater Utility revenue is generated by fees according to land use. This information is summarized below. The stormwater utility fee will be the primary funding source for the Implementation Plan (IP), as identified in the City's Local Water Management Plan (LWMP). The chart below summarizes the current collection information. Property Type Quarterly Collection Rate Airport/Landfill(per acre) $7.36 Commercial/Office(per acre) $38.07 Institutions(per acre) • $33.66 Multi-Family(per acre) $29.70 Single Family(per lot) $3.00 Undeveloped Lands (per acre) $10.00 The current stormwater utility collection is approximately$600,000 per year. Annual expenditures from the Stormwater Utility are estimated as follows: Type of Activity Estimated Annual Expenditure Operations and maintenance activities $90,000-100,000 Programs and non-structural improvements $100,000-150,000 Special studies $50,000-60,000 Capital improvements $350,000-425,000 Estimated Annual Total $590,000-735,000 The City is currently evaluating the Stormwater Utility Fee collection rate in relation to proposed expenditures for the stormwater pollution prevention program as part of the Local Water Management Plan (LWMP). The LWMP will be completed in 2003. The proposal may include an annual increase starting in 2004 to fully fund the stormwater utility program. More detailed information will be available in the LWMP when it is completed in 2003. 3 1/ � 1.7 MUNICIPAL FACILITIES All City operations are covered under this SWPPP and its associated General Storm Water Permit. One Standard Industrial Classification (SIC) code has been assigned for the general municipal operations, SIC 9199. Facilities covered by this permit are summarized in the following sections. SIC codes for individual operations, such as police and fire operations, are also noted below. None of these SIC codes are listed as requiring a General Storm Water Permit for Industrial Activity. Each of these facilities was evaluated during the self-assessment phase and BMPs were developed for training and management within each facility as needed. 1.7.1 CITY CENTER • The City Center is located at 8080 Mitchell Road. All general municipal operations and administrative functions are operated out of the City Center. In addition, the police department (SIC Code 9221)operates out of the City Center. 1.7.2 WATER TREATMENT PLANT The Water Treatment Plant and Utility operations are located at 14100 Technology Drive. The Water Treatment Plant (SIC Code 4941) treats and distributes water for domestic, commercial and industrial use within the City. 1.7.3 FLEET SERVICES/STREET MAINTENANCE/PARKS MAINTENANCE General fleet services,including vehicle maintenance equipment and personnel,for these operations are located at 15150 Technology Drive. The City's current seasonal road salt storage facilities are located here. 1.7.4 FIRE DIVISION The Fire Division operates three fire stations which are located at the following addresses. • 14800 Scenic Heights Road • 12100 Sunnybrook Road • 7350 Eden Prairie Road The SIC code for government provided fire protection services is 9224. 1.7.5 MISCELLANEOUS OPERATIONS The following are miscellaneous operations located outside of the City Center. • Community Center— 16700 Valley View Road • Senior Center—8950 Eden Prairie Road • • • Outdoor Center— 13765 Staring Lake Road • Liquor Operations—16502 W. 78th Street, 8018 Den Road and 950 Prairie Center Drive. • ` 1c 2.0 REGULATORY FRAMEWORK 2.1 CITY OF EDEN PRAIRIE-CURRENT NATURAL RESOURCE PROTECTION MEASURES Protection of the City's water resources has been a priority throughout the City's development history. Existing water resource related policies and local controls (City Code sections) include: • Shoreland Management Ordinance(Section 11.50) • Maintenance of Herbaceous Vegetation(Native Plant Ordinance) (Section 9.71) • Mining Operation, Land Alteration, and Environmental Preservation(Section 11.55) • Erosion Control Policy(Revised August 1, 1997) • Fertilizer Ordinances o Use of Lawn Fertilizer(Section 9.14) o Sale of Lawn Fertilizer(Section 9.15) o Commercial Fertilizer Applicators (Section 5.45) • Preservation of Wetland and Woodland Areas Ordinance (Section 11.03) • • Standards for the Protection of Wetlands (Section 11.51) • Steep Slope Ordinance (Section 11.60) These ordinances and policies have provided the City and private development sector with the means to protect the City's natural resources through limiting filling of wetlands; use of setbacks; steep slope and shoreline buffers; and best management practices. 2.2 AGENCY RESOURCES Several agencies sponsor programs for local stormwater or water resource management. The City will continue to evaluate and implement these programs or available resources as practical to meet local needs. Listed below are some of the programs and resources that the City has available as a resource, are currently utilizing or are considering participation in. 2.2.1 METROPOLITAN COUNCIL(MET COUNCIL) The Met Council provides a range of programs for management of water resources in the Metro area. Several of Met Council's programs were considered during development of the City's Minimum Control Measures,including the following. • Urban Small Sites Best Management Practice (BMP) Manual — The Met Council developed a BMP manual to provide information on tools and techniques to assist municipalities in guiding development and redevelopment. Details on a variety..of BMPs aimed at managing stormwater pollution were provided. • Water Education Resource Guide — The Met Council has distributed a Resource Guide that compiles educational brochures and handouts that were developed by other municipalities or agencies. • • MetroEnvironment Partnership Grant.Program — The purpose of this grant program is to improve the water quality of Metro Area lakes and rivers by reducing nonpoint source (NPS) pollution through education and implementation grants. The City will evaluate the grant program in relation to any proposed projects for NPS reduction as needed. 5 7I' . 2.2.2 MINNESOTA POLLUTION CONTROL AGENCY(MPCA) The MPCA operates several programs applicable to local storm water management planning. The MPCA monitors water quality, sets standards, and implements various controls. Following are two programs related to water quality. • National Pollutant Discharge Elimination System (NPDES) - The MPCA manages the NPDES Phase I construction and industrial discharge permitting and the Phase II permitting for small municipal separate storm sewer systems (MS4s). Section 2.5 discusses NPDES requirements for the City. • Clean Water Act (CWA)/ Total Maximum Daily Load (TMDL) - The MPCA implements the Clean Water Act that requires that states adopt water quality standards to protect waters of the state. The EPA and MPCA require preparation of Total Maximum Daily Load (TMDL) studies to identify the source of pollutants and plans for bringing the water resources into compliance. Mitchell, Red Rock, and Staring Lakes have been listed on the MPCA's 2002 Draft 303(d) list of impaired waters. 2.2.3 HENNEPIN CONSERVATION DISTRICT The Hennepin Conservation District (HCD) is developing a number of water resource education measures that the City evaluated for incorporation into our proposed Minimum Control Measures. This included: • Wetland Health Evaluation Program (WHEP) — The WHEP or Wetland Stewardship Program was developed by HCD, Dakota County Environmental Education Program and the Minnesota Pollution Control Agency (MPCA) to evaluate and monitor wetland health in key wetlands within communities in the Metropolitan Area. Citizen volunteers are recruited to collect wetland data through invertebrate and vegetation sampling. The data can be used for a variety of results, including informing citizens and local decision-makers about the health of wetlands within their community and how wetland may be impacted by changes in land use in the watershed for the wetlands. 2.2.4 RILEY-PURGATORY-BLUFF CREEK/NINE MILE CREEK WATERSHED DISTRICTS The Riley-Purgatory-Bluff Creek Watershed District and Nine Mile Creek Watershed District have active water resource management and evaluation programs in place. The Watershed Districts have also collaborated with the City on a number of educational projects, such as: • Environmental Fair(MCM 1.D) • • Environmental Video Production(MCM 1.G) • Development and Promotion of the Environmental Learning Center(MCM 1.H) • Storm Drain Labeling Program(MCM 2.B) Use Attainability Analyses (UAAs) have been or are being developed by the Watershed Districts for the lakes identified as impaired waters in anticipation of the TMDL requirements. UAAs are also being prepared for all remaining major lakes within their Districts, including lakes such as Birch Island, Round, Bryant, and others. Matching funds are available from the Districts for projects identified within the UAAs. 6 • < / 1 3.0 MINIMUM CONTROL MEASURES The 6 Minimum Control Measures outlined in the Phase II NPDES permit requirements will be addressed by the City through a variety of educational measures, training programs and development of ordinances and policies. The proposed methods of meeting these MCMs are summarized below. The chart in Section 3.7 indicates which groups will be targeted by the individual Best Management Practices (BMPs) on the MCM sheets. The individual measures, including implementation schedules,are included on the MCM sheets in the Appendix. 3.1 MINIMUM CONTROL MEASURE 1-PUBLIC EDUCATION AND OUTREACH A number of public education opportunities exist within the City. These opportunities will be developed into measures which would include stormwater pollution prevention education for residents and local businesses. The following were included in the SWPPP. • Utility Bill Insert—A utility bill insert will be developed for inclusion in water utility bills each spring. The proposed schedule is to insert them in the March, April and May billings. The inserts will include information on not only water conservation but also basic information on how residents can impact water quality and environmentally friendly lawn care tips. •. Website—The City's website will be expanded to include information on stormwater pollution prevention as well as to include a copy of the SWPPP for review. • Lawn Care Professional Mailer — An.educational piece will be developed to mail with the annual license renewal mailer. • City Council Presentation — Information regarding the MCMs undertaken each year will be summarized and presented to the Council on an annual basis. • Environmental Fair—The City's Fair will be held every other year and include information on stormwater pollution prevention. The Fair has been a successful collaboration between the Central Middle School and the City of Eden Prairie for two years and is planned to continue into the future. • Phosphorus Fertilizer Ordinance Education — Recent legislation at the City and State level regarding use of phosphorus-containing fertilizer will require development of educational materials for City residents and businesses. Point of sale transactions will be a key target for 2003. • Environmental Video Production — The City will continue to utilize existing environmental videos produced for the City for education on water resource management topics. The use of the videos will be evaluated and the need for new productions will be evaluated. • Environmental Learning Center—The City's Environmental Learning Center is a tool used by the City in collaboration with Independent School District #272 to educate school age children on wise management of water resources. The City will continue to collaborate with the school district in the future to operate the Center and distribute environmental education materials and videos. • New Resident Packets — The City plans to continue distributing informational packets to new residents as they come in to homestead their properties. The information provided includes items such as Hennepin County Drop-Off Facility brochures, waste disposal company options and general recycling information. New information for enclosure in the packet will be considered as new ordinances or policies are developed. 7 F 3.2 MINIMUM CONTROL MEASURE 2-PUBLIC PARTICIPATION/INVOLVEMENT Public involvement has been important within the City and will be continued in the future. The intent of this measure is to provide opportunities for citizens to participate in program development and implementation. Programs which the City plans to utilize to meet these requirements include the following. • Storm Drain Labeling Program—The City has developed a number of storm drain labeling kits that are made available to the community for storm drain labeling projects. Participants have included scout troops as well as neighborhood groups. To date a number of parks and neighborhoods have been marked with stencils or our new labels. A new tracking system will be developed to better manage the labeling program. • Wetland Health Evaluation Program (WHEP) — The City will continue to be involved in providing laboratory space and advertising for WHEP. The program will be reevaluated during the Fall of 2004 to determine if it should be continued. • Annual Park Clean Up Event — The City Parks Department plans to continue to provide a volunteer opportunity for local groups to participate in cleaning up waste materials from our park and trail system. The Event has been held on the third Saturday of April. • Annual Public Meeting — One annual meeting will be held to distribute information regarding stormwater pollution prevention programs ongoing within the City and to allow the community to provide comments or suggestions for the continuing success of the SWPPP. • City Open House—The City has proposed an annual Open House for City facilities such as the City Center, Environmental Learning Center and Fire Department. The benefit and success of this event will be evaluated and future events scheduled accordingly. Homeland Security issues may modify these plans. 3.3 MINIMUM CONTROL MEASURE 3-ILLICIT DISCHARGE DETECTION AND ELIMINATION One requirement of a SWPPP is development and implementation of a plan to detect and eliminate illicit discharges to the City's storm sewer system. These measures will tie in with the public education MCM as a key component is education of the public about the problems associated with improper disposal of wastes which drain through storm water runoff towards our lakes, wetlands, ponds and creeks. • Storm Sewer System Map—A Storm Sewer System map was completed for the Local Drainage Plan Update (LDPU) in 1999. This map includes all known storm sewer lines, the City requires that all pipes are 12 inches and larger. However, the map does not include detailed information on structural pollution control devices, outfalls and other discharge points. The existing and new information for the system will be evaluated and updated as needed to implement a map that will be in compliance with the NPDES requirements by the end of 2006. • Illicit Discharge Ordinance / Detection Program An ordinance to prohibit non-stormwater discharge into storm sewer systems is required by March 2008. The City intends to evaluate existing policies as well as policies and ordinances in other metropolitan area cities to develop an ordinance by March 2007. Areas that will be evaluated will include septic systems, illicit connections, illegal dumping, recreational sewage, sanitary sewer system overflows, and water line flushing. Programs to detect and stop illegal and/or improper connections to the storm drainage system and illegal dumping will be developed based on the proposed ordinance. 8 // 9 • Illegal Dumping Detection Program — The City Parks Department will continue to monitor known dumping areas within the City for illegal dumping activities. A Hotline will be available to residents to report suspected dumping activities. • Annual City Clean Up Event — The City will continue to provide an annual event where residents can bring in items for disposal that are typically not picked up by local waste haulers. This would include yard waste, furniture, scrap metal, carpet,building materials, appliances and electronics. This event is typically held in June each year. 3.4 MINIMUM CONTROL MEASURE 4-CONSTRUCTION SITE RUNOFF CONTROL A plan to detect and enforce erosion and sediment control for construction activities that impact one (1) acre or more of land will be developed and implemented by March 2005. • Construction Site Runoff Ordinance / Program — An ordinance to address construction site stormwater runoff control and enforcement will be developed. Areas that will be evaluated for inclusion in the ordinance will include construction site waste, site erosion and sediment control and site plan review procedures. A program to review construction site erosion control measures will be developed as part of the ordinance. Construction site inspection and enforcement procedures will be evaluated and established. 3.5 MINIMUM CONTROL MEASURE 5-POST CONSTRUCTION RUNOFF CONTROL A plan to address discharges of post-construction stormwater runoff from new development and redevelopment sites will be developed and implemented by March 2008. • Post-Construction Runoff Ordinance/Program - An ordinance to address post-construction site stormwater runoff will be developed. Areas that will be evaluated for inclusion in the ordinance will include stormwater detention standards, outlet structure stabilization methods, impervious cover requirements, native landscaping incentives, low impact development guidelines, and site stabilization requirements. A program to review post-construction site runoff control measures will be developed as part of the ordinance. • BMP / IMP Operation and Maintenance—An inspection program for BMPs and lMPs installed within the City will be developed to determine a maintenance program. The City will also evaluate the need for maintenance agreements or other measures required to ensure proper function of BMPs or IMPS on private property, including right of entry to inspect and repair the devices if not properly maintained by others. • Local Water Management Plan (LWMP) —The LWMP will be completed and implemented by the end of year 2003. Overlapping measures evaluated for the LWMP will be incorporated into the SWPPP as needed. 3.6 MINIMUM CONTROL MEASURE 6 - POLLUTION PREVENTION / GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS Current programs to prevent or reduce pollutant runoff from municipal operations will be updated. Municipal staff training on pollution prevention measures and techniques will be a key component of this program. Operations which will be evaluated for inclusion in this program will include street sweeping; pesticide, herbicide and fertilizer usage; street salt storage and usage; and catch-basin cleaning. • Training / Pollution Prevention Programs — Training programs will be formalized for City operations such as fertilizer application, pesticide / herbicide application, leaf collection, 9 la° compost management, fleet and building maintenance, spill clean-up procedures, hazardous materials management, leak prevention,pest control,parking lot and street cleaning, storm drain system cleaning, road salt management, system flushing and storm drain system inspection. These diverse training opportunities will be oriented towards key personnel involved in the individual operational areas. Programs for fleet and building maintenance, parking lot and street cleaning and road salt management will be developed based on the training programs established. • Storm Sewer Inspection — A rotating inspection program will be established and implemented annually to inspect and evaluate known outfalls, sediment basins, ponds and pollution control devices for areas that are either City owned or under an existing drainage and utility easement. Areas which are not under existing drainage and utility easements will be evaluated and the need for development of policies or an ordinance for maintenance of these systems will be determined by March 2008. Cleaning and repair programs will be established annually based upon the results of the inspection program and available financial resources. • Fire Division— Maintenance and Training Program — The Fire Division will evaluate existing programs and fire prevention practices and develop procedures for activities such as wash water management and fire fighting chemical storage and usage. 3.7 TARGET GROUP SUMMARY The following chart summarizes each Best Management Practice (BMP) and the Target Groups that will benefit from the City's performance of the BMP. Target Groups Minimum Control Measure Resident Resident Businesses City Staff Education Participation (MCM 1/2 (MCM 1/2/ (MCM1) (MCM2) /3/4/5) 3/4/5/6) MCM 1-Education and Public Outreach 1.A Utility Bill Insert X X 1.B Website X X X X 1.0 City Council Submittal X X 1.D Environmental Fair • X X 1.E Lawn Care Professional Mailer X 1.F Phosphorus Ordinance Education X X X X 1.G Environmental Video Production X X X X 1.H Environmental Learning Center X X 1.I New Resident Packet X X 10 iai Minimum Control Measure— Target Groups continued Resident Resident Businesses City Staff Education Participation (MCM 1/2 (MCM 1/2/ (MCM1) (MCM2) /3/4/5) 3/4/5/6) MCM 2-Public Participation/Involvement 2.A Annual Public Meeting X X X X 2.B Storm Drain Labeling X X X 2.0 Wetland Health Evaluation Program X X X 2.D Annual Park Clean Up Event X X X 2.E City Open House X X X X MCM 3-Illicit Discharge Detection and Elimination 3.A Storm Sewer System Map X 3.B/3.0 Illicit Discharge Ordinance and X X X X Program 3.D Illegal Dumping Detection Program X X X X 3.E Annual City Clean Up X X X MCM 4-Construction Site Runoff Control 4.A/4.B Construction Site Runoff Control X X X Ordinance and Program 4.0 Construction Site Plan Review X X MCM 5-Post Construction Runoff Control 5.A Post Construction Ordinance X X X 5.B Stormwater Detention X X 5.0 Outlet Structure Stabilization X X 5.D Local Water Management Plan X X X X 5.E BMP/IMP Operation&Maintenance X X MCM 6-Pollution Prevention/Good Housekeeping for Municipal Operations 6.A Park and Open Space—Landscaping X and Lawn Care Training 6.B Park and Open Space-Landscaping and Lawn Care Program X 6.0 Fleet and Building Maintenance X Training 6.D Fleet and Building Maintenance X Program 6.E Road Salt Materials Management X Program 6.F Stormwater System Maintenance X Training 11 Minimum Control Measure— Target Groups continued Resident Resident Businesses City Staff Education Participation (MCM 1/2 (MCM 1/2/ (MCM1) (MCM2) /3/4/5) 3/4/5/6) 6.G Storm Sewer Inspection Program X X 6.H Storm Drain System Cleaning&Repair X X 6.I Parking Lot and Street Cleaning X X 6.J Bridge Maintenance Program X 6.K Fire Division—Maintenance and X Training Program 12 /g3 4.0 AMENDMENT PROCEDURE • The Stormwater Pollution Prevention Plan (SWPPP) is intended to extend from March 10, 2003 to March 10, 2008. However, this document is intended to be a planning tool that will change as the City's needs change and may be amended as needed on an annual basis to meet City or regulatory goals. 4.1 PUBLIC REQUESTS FOR AMENDMENT Any person or persons either residing or having business within the City can request amendment proposals for consideration during the annual review process. Written requests for Plan amendment must be submitted in writing to the City Manager. The request shall outline the need for the amendment as well as any materials the City may need to consider before making its decision. City staff will review the amendment request and determine whether the requested amendment is warranted. Staff will consider the following options: • Reject the amendment request as unwarranted. • Accept the request as a minor issue. Minor issues will be added to the Plan on an annual basis through staff amendment. • Accept the request as a major issue. The amendment request and the need for a public hearing will be evaluated by City staff and scheduled with the City Council for review and approval as needed. After review and/or public hearing before the City Council, the amendment will be approved or denied and if necessary, referred to the appropriate agency for comment and approval. 4.2 STAFF AMENDMENTS • City staff shall review development changes and water management-related issues that have occurred on an annual basis. City Staff will incorporate minor changes that would result in addition of BMPs into the stormwater pollution prevention program or replacement with less effective BMPs with more effective alternates. All amendments will be forwarded to the Commissioner of the Minnesota Pollution Control Agency (MPCA) for review with the Annual Report. • • /*51