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HomeMy WebLinkAboutCity Council - 08/21/2007AGENDA CITY COUNCIL WORKSHOP &OPEN FORUM /OPEN PODIUM TUESDAY, AUGUST 21, 2007 CITY CENTER 5:00 - 6 :25 PM, HERITAGE ROOM II 6:30 - 7:00 PM,COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal ,Police Chief Rob Reynolds, Fire Chief George Esbensen ,Public Works Director Eugene Dietz ,Community Development Director Janet Jeremiah ,Parks and Recreation Director Jay Lotthammer ,Communications Manager Joyce Lorenz ,Assistant to the City Manager Michael Barone ,City Attorney Ric Rosow ,and Recorder Lorene McWaters Heritage Room II 1.2008 -2009 BUDGET Council Chamber II.OPEN FORUM A.Cari Maguire -Budget B.Nina Missaghi -Budget C.Jennifer Huelskoetter -Storm Debris D.Fatumo Isse -Budget E.Rukia Abdi - Budget F.Sandy Moran -Budget III.OPEN PODIUM IV.ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 21, 2007 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer ,Public Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS /PRESENTATIONS V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI.MINUTES A.CITY COUNCIL MEETING HELD TUESDAY, AUGUST 7, 2007 VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.APPROVE FILING A DECLARATION OF RESTRICTIONS AND COVENANTS FOR A CITY-OWNED OUTLOT WITHIN THE POINTE ON LAKE RILEY DEVELOPMENT C.APPROVE SUBMITTAL OF A FINAL DRAFT OF THE PHASE II NONDEGRADATION REPORT TO THE MINNESOTA POLLUTION CONTROL AGENCY FOR REVIEW AND APPROVAL , I.C.02-5585 D.APPROVE PROPERTY DISPOSITION SERVICES AGREEMENT WITH PROPERTYROOM .COM TO MANAGE DISPOSAL OF ABANDONED, SEIZED AND OBSOLETE CITY PROPERTY E.AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR A TEMPORARY MATERIAL STOCKPILE TO BAINEY GROUP FOR THE LIBERTY PLAZA PROJECT F.APPROVE PURCHASE OF ONE NEW TOP MOUNT RESCUE PUMPER (FIRE TRUCK) FROM E-ONE MANUFACTURING CITY COUNCIL AGENDA August 21, 2007 Page 2 IX.PUBLIC HEARINGS /MEETINGS A.VACATION OF A HIGHWAY EASEMENT AND A SLOPE EASEMENT OVER PART OF LOT 16, AUDITOR 'S SUBDIVISION NO. 335, VACATION 07-06 (Resolution) B.VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOTS 1 & 2, ALM EDEN HEIGHTS ADDITION ,VACATION 07-07 (Resolution) C.FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO OFF-STREET PARKING SPACE REQUIREMENTS FOR RESTAURANTS ,RETAIL STORES AND SHOPS X.PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS ,REQUESTS AND COMMUNICATIONS XIII .APPOINTMENTS A.CONSERVATION COMMISSION VICE CHAIR XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS B.REPORT OF CITY MANAGER C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 7, 2007 ITEM NO.: VI.A. 5:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer ,Public Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli 1.ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 5:03 p.m. He said the Council meeting time was moved up from 7:00 PM to 5:00 PM so Councilmembers could participate in the events and gatherings for National Night Out. II.PLEDGE OF ALLEGIANCE III.COUNCIL FORUM INVITATION IV.PROCLAMATIONS / PRESENTATIONS V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Duckstad, to approve the agenda as published. Motion carried 5-0. VI.MINUTES A.COUNCIL WORKSHOP HELD TUESDAY, JULY 17, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, July 17, 2007, as published .Motion carried 5-0. B.CITY COUNCIL MEETING HELD TUESDAY, JULY 17, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, July 17, 2007, as published.Motion carried 5-0. VII.REPORTS OF ADVISORY BOARDS & COMMISSIONS A.REVIEW OF SECURITY AT FLYING CLOUD AIRPORT Neal introduced Rick King, Chairman of the Flying Cloud Advisory Commission, who will give a report evaluating the current security at the Flying Cloud Airport. CITY COUNCIL MINUTES August 7, 2007 Page 2 Mr. King said Councilmember Nelson asked questions about security at the airport in their February Workshop meeting with the Council. At that meeting the Council directed the Commission to review and make recommendations regarding the existing security at the airport. The Commission has completed their review and he will give a brief verbal update tonight to go along with the written report provided. King said they began working with former U.S. Attorney Tom Heffelfinger who had brought up a question at a Town Hall meeting .King and City staff met with him and went through his background information on security as a starting point. He said they met with Metropolitan Airport Commission (MAC) representatives, Fire and Police Department representatives ,the Transportation Security Agency (TSA) and the Department of Homeland Security. They then called a special meeting of the Commission on May 31 where they had representatives from TSA, MAC, and the Fire and Police Chiefs in attendance. All of the representatives felt that the airport was very secure and among the top of its type of airport, that is general aviation ,non-cargo and non-passenger. King said the Commission asked each of the representatives at the meeting to go through their analysis of the airport and make recommendations for improvement, and those recommendations are included in tonight's report .They determined there are always things that can be improved ,for instance the Police Chief said there is never enough lighting.They looked at the perimeter fences and lighting and all kinds of security involved. Each of the representatives that came before the Commission found the security to be adequate .In addition , they did a full tour of the perimeter in a four-wheel vehicle and found the fences to be continuously secure. King said all parties involved did a great job and the Commission is lucky to have such dedicated people who came in and gave us their professional opinions. King said the MAC's participation this year was outstanding. Tim Anderson, Deputy Executive of MAC Operations, and Joe Garrison, Manager of the Anoka and Flying Cloud Airports, are at tonight's meeting and they are the ones who were involved in the Commission meetings and made the reports. MAC replaced or added a total of 250 signs at the airport, something they were not asked to do. King toured the signage improvements and he thought it is looking much better. They also took the lighting comment by the Police Chief to heart and signed a contract with Excel to put in 16 new high-intensity lights in high-traffic areas and to upgrade all existing fixtures to high-intensity lights. The Commission is really pleased with that and he wanted to recognize Mr. Anderson for MAC's work to make the airport even safer. King said the report contains 11 recommendations, some of which are already completed. He noted one of the recommendations is that the Flying Cloud Advisory Commission should reassess the security every year. Nelson thanked the Commission and the MAC for this work. She thought it is important to keep up with everything. She was very glad to see we are doing those things that will keep the airport secure and the neighbors living around the airport safe. Young agreed with Nelson and was appreciative of the MAC's cooperation. CITY COUNCIL MINUTES August 7, 2007 Page 3 Neal said he forgot to add Item XIV.B. regarding a green roof at the Community Center. MOTION: Duckstad moved, seconded by Butcher, to approve the amendment to the agenda.Motion carried 5-0. VIII.CONSENT CALENDAR A.CLERK'S LICENSE LIST B.APPROVE UTILITY MAPPING SERVICES AGREEMENT WITH HTPO, INC., I.C. 07-5703 C.ADOPT RESOLUTION 2007-83 AWARDING CONTRACT FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS TO KUSSKE CONSTRUCTION COMPANY, I.C. 07-5701 D.APPROVE "CONSENT TO REPLACE WETLAND" AND OTHER DOCUMENTS ASSOCIATED WITH WETLAND IMPACTS AND MITIGATION ON THE VALLEY VIEW ROAD RECONSTRUCTION PROJECT,I.C. 02-5586 E.APPROVE RIGHT OF ENTRY AND MAINTENANCE AGREEMENTS FOR TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS, I.C. 075691 F.APPROVE AGREEMENT WITH SRF FOR COMPLETION OF FEASIBILITY STUDIES FOR STABILIZATION AND RESTORATION OF FOUR EROSION SITES WITHIN THE LOWER MINNESOTA RIVER WATERSHED DISTRICT, I.C. 07-5698 G.APPROVE AGREEMENT WITH HTPO INC. AND PRAIRIE RESTORATIONS FOR COMPLETION OF WETLAND MITIGATION REQUIREMENTS FOR CITY-OWNED OUTLOT IN PONDS EDGE DEVELOPMENT, I.C. H.AWARD CONTRACT TO IMPERIAL DEVELOPERS FOR CONSTRUCTION OF COUNTY ROAD 4 BIKE TRAIL 1.ADOPT RESOLUTION 2007-84 AUTHORIZING EXECUTION OF THE HENNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT J.APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH ADVANCED ENGINEERS AND ENVIRONMENTAL SERVICES (AE2S)TO PERFORM 2-YEAR DIGITAL DISTRIBUTION SYSTEM MODEL OF THE EDEN PRAIRIE WATER SYSTEM CITY COUNCIL MINUTES August 7, 2007 Page 4 K.AWARD CONTRACTS FOR THE COMMUNITY CENTER INTERIOR ARCHITECTURAL WOODWORK AND THE SPORTS/WOOD FLOOR L.APPROVE ASSIGNMENT OF CONTRACTS FOR COMMUNITY CENTER CONSTRUCTION TO RJM CONSTRUCTION M.APPROVE CONSENT OF ASSIGNMENT OF CONTRACT WITH HENNEPIN COUNTY, SCHOOL DISTRICT 272 AND CITY OF EDEN PRAIRIE RELATING TO ELECTION EQUIPMENT MOTION: Butcher moved, seconded by Duckstad, to approve Items A-M of the Consent Calendar.Motion carried 5-0. IX.PUBLIC HEARINGS /MEETINGS A.VACATION OF THE PUBLIC RIGHT -OF-WAY EASEMENT OVER PART OF CANTERBURY LANE, VACATION 07-05 (Resolution 2007-85) Neal said official notice of this public hearing was published in the July 19, 2007, Eden Prairie Sun Current and sent to five property owners.The property owner has requested the vacation of a part of the public right -of-way easement adjacent to her property. The public right-of-way easement was originally dedicated to allow the building of a cul-de-sac and the cul -de-sac will not be built. The property owner has maintained the portion of the easement to be vacated as part of her yard. The vacation will not result in conflicts with installed utilities. There were no comments from the audience. MOTION: Butcher moved , seconded by Duckstad,to close the Public Hearing and to adopt Resolution 2007-85 vacating the public right-of-way easement over part of Canterbury Lane. Motion carried 5-0. X.PAYMENT OF CLAIMS Nelson asked what Item 165824 for $59,629 was for and was it taken out of Parks Funds or General Funds. She thought it was a very high lighting bill for a dog park and she wanted more information on the item. Neal said Staff will research the item and will let all of the Councilmembers know. Young asked if it was a claim that needs to be paid. Neal said it is most likely a claim that has already been paid ,but if there is an issue with it we can discuss it with Excel. MOTION: Aho moved, seconded by Duckstad, to approve the Payment of Claims as submitted.The motion was approved on a roll call vote, with Aho, Butcher ,Duckstad, Nelson and Young voting "aye." XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS ,REQUESTS AND COMMUNICATIONS CITY COUNCIL MINUTES August 7, 2007 Page 5 XIII .APPOINTMENTS XIV.REPORTS A.REPORTS OF COUNCIL MEMBERS B.REPORT OF CITY MANAGER 1.Budget Advisory Commission Process Update Neal said the Budget Advisory Commission (BAC) has been meeting in May, June and July in deliberation and hearing proposals from City staff. Staff has finished their presentations to the BAC, and on Thursday night at 5:00 PM the BAC will make a presentation back to staff and others attending the meeting about their recommendations on the Version 11 2008- 2009 budget. Those recommendations, staff comments and staff recommendations will be provided to Councilmembers in advance of the August 21St City Council meeting. 2.Green Roof at Community Center Neal said when we began the design of the improvement projects at the Community Center we hoped to add a green element to the project. There is new construction on one part of the Community Center where we could add a green roof. Staff received a proposal for the green roof when the project was bid, but the cost of $140,000 was deemed too high. The contractor recently came back and gave a revised bid for the green roof of $84,870. Neal said there is a model of the product sitting in the hallway outside the Council Chambers that shows the actual plant material used to form the basis of the green roof. Because the green roof element of the project was rejected initially, we did not expect this to come back in this format. Staff has had some discussion and when we looked at it originally we planned to take some of the funds needed to finance it from the Storm Water Fund. This revised bid would need to be added as a contract amendment to the contract. Since it is significant enough and also a change of scope, staff brought it back to the Council for authorization. Lotthammer said the material provided in the information packet indicates some of the benefits of the green roof. The green roof will be visible from a portion of the windows in the meeting rooms at the Community Center. It would be a membrane-type of roof with interlocking trays for the plants on top of it that would add protection to the roof. It would help with heating and cooling costs as well as having a big impact on the amount of runoff from the roof. There are environmental benefits that are difficult to put a cost savings to, but it does improve the aesthetics and gives it more of a natural feel. CITY COUNCIL MINUTES August 7, 2007 Page 6 Young asked about the justification for using the Storm Water Fund. Neal said he recalled it had storm water benefits to it, it was something we saw as a demonstration project, and we wanted to encourage more of this type of demonstration project in the community. Dietz said that was true and he thought the biggest issue we are now facing from the MPCA is we need to have a zero runoff rate from the community. Both the quality and quantity of water is limited by our permits. We need to get experience on our own on this so we can learn what works and doesn't work. We may look at some of the benefits on future retrofits of other City structures. Trying to minimize or eliminate water runoff is what this is all about. Young asked about the balance in the storm water fund. Dietz said it is $1.2-1.3 million. Young asked if that was all tied to specific projects. Dietz said we have a list of projects that goes out into the future, but this is a good demonstration project and we need experience in this kind of project in order to manage it with developers and builders in the future. Butcher thought it was a good idea to start to incorporate this kind of green in Eden Prairie. She asked how this would perform over our cold winters and what kind of maintenance we will have in the spring because of our extremes in temperature. Dietz replied this project is only 6-8,000 square feet. The Conservation Commission has requested that we study these kinds of things. Butcher thought we must have some data on the vegetation type and how it performs. Dietz said that is discussed in the packet information; however, no one on our staff has personal experience with this. It would be a small project but highly visible. We will probably be asking others to do this at some point, so we should be leaders instead of followers. Duckstad asked whether adding this so late in the process would cause any extra costs to any other part of the building already being built. Lotthammer said the originally accepted part of the project was a built-up roof and the roofing company is only a couple of weeks away from starting, so we need to decide on this soon. There are no additional costs that would occur from this other than what is being proposed tonight. We have a guarantee of one year on all the plants, and they would need to start them as soon as possible so they could grow before winter. The type of plants used is hardy in this climate and will grow dormant in the winter. The plants will absorb heat, so the cooling costs will be less and the green roof acts as an insulator in the winter. There are no actual cost analyses available on lowering of heating and cooling costs, but there would be a reduction in the roof top temperatures so they should be lower. Aho thought he understood some of the benefits but was concerned about the initial cost differential between the two roof types. Lotthammer said the additional cost for the green roof is $85,000, and they are motivated to use this as a demonstration project. Aho then asked what the long-term maintenance costs of this would be versus a built-up roof system. CITY COUNCIL MINUTES August 7, 2007 Page 7 Lotthammer said they are saying it is similar to a built-up roof, but there is not a long history since not many of these have been around for a long time. Aho said typically we do not want water to stand on any roof, but in this case it is the opposite because you want water to stay there for the plants. Water weighs about eight pounds per gallon and that adds a significant weight load along with the weight of the soil and plants. He asked how much additional work would be required to support the increased load. Lotthammer said the intent is that the baskets or trays are to be water proof. This portion of the building was anticipated for the potential of a second floor and there is quite a bit of load-bearing capacity already built in, so the architect has no concerns about the load bearing issue. Aho asked if that meant there is no need for re-engineering of the completed construction. Lotthammer said that was true. Nelson asked if there are any costs we will incur by going with a different kind of roof. Lotthammer said this is the same contractor who is scheduled to do the built-up roof, and the only difference is the $85,000 they have calculated for building the green roof. Nelson asked who is going to do the long-term maintenance of the plants and will they inspect it or do we have to have someone knowledgeable to inspect it. Lotthammer said this is a local company and we have some advantage in their wanting this to be a demonstration project. After the first year we would be responsible for doing low-level maintenance and upkeep. The plants are in interlocking trays, so a tray could be removed and replaced if the plants died. Nelson asked if the green roof would preclude us from ever building a second floor on the Community Center. Lotthammer said one of the architects of the original building said that down the way it is a lot easier to replace a membrane and green roof if you want to add on. Nelson then asked if it would be possible to have a green roof on the second story if it is built. Lotthammer thought you would build it that way if that was the intent, and the interlocking trays could then be reused on the second story. Nelson said she liked the idea of this green roof. If we are going to ask other builders to do this ,we should try it out. It is another way to do energy saving here in Eden Prairie. Duckstad said he has some concern when he listens to the comments about this type of roof being in its infancy and therefore not having a track record to determine if it is an energy saving feature or if it will eventually result in some problems or extra maintenance. Dietz said he would have some serious concerns about spending that kind of money if we were planning to replace an entire roof system with this, but this is a very limited project. The Conservation Commission has heard speakers on this topic and these roofs have been built in Europe for many years and also in the Chicago area. The CITY COUNCIL MINUTES August 7, 2007 Page 8 brochure talks about the difference in temperature and water retention on green roofs. This project offers us an opportunity to decide if we are going to push builders and developers to do this and provides us with some experience for a relatively small investment. Young said he was not thrilled with this project and thought we were happy with the built-up roof before. He believes $85,000 is a lot of money for the change order and we are in the middle of our budget discussions. He understood the funds would come from a designated fund, but at this time we aren't looking for new ways to spend money so this isn't something that he supports. Duckstad said he agreed with Mayor Young to the extent that this type of addition falls into the area of something we may want but not something we need. He would vote against this because of budget issues. Nelson believed we have to take a long-term look at budgeting. If it saves money over the long term by reducing energy costs, we are saving money. Young said he would be more comfortable if there were other cities in Minnesota that had built these so we could quantify savings instead of projecting them. He would be happy to follow someone else's lead and learn from their experience. Aho asked about the total square footage of this section of the roof. Dietz said it is about 6350 square feet. Aho said he thought the payback or return on investment for the $85,000 cost would come through the reduced energy costs of about $6,000 per year, but there would also be increased maintenance costs. He thought it would be a very long time before you could recover the total amount invested. Because of the extended period of time to receive a return on the investment and the increased maintenance costs for the project, he did not think he would support it. Butcher thought we made a commitment to go down the path of being a green city, and we already have been making changes to our energy consumption. She saw this as one more step in that commitment. Because it is a really small area, she thought it would be worth the risk involved to continue with our commitment to be a green city. Neal said he didn't have anything to add except that we regret the timing of this. This project is one of the decisions that have some policy implications and a price tag, so that is why this was brought to the Council. If there is no action or a negative action tonight, it won't happen. If there is a positive action, staff would prepare the change order. Young said it is worthy of study and we have made some commitments as Ms Butcher pointed out but he thought it comes down to a matter of dollars. CITY COUNCIL MINUTES August 7, 2007 Page 9 C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1.Dunn Bros./Smith-Douglas-More Property Jeremiah said Staff is looking for direction with regard to exploring potential options for the Smith-Douglas-More house. We are currently at a stage where the five-year lease with Dunn Bros. is due to expire this year. The Dunn Bros.' franchisee, Puregrace LLC, is interested in revisiting the lease and has expressed some interest in buying the property. Staff has not looked at the details of that and is not asking for a decision. If the options are to be explored, the next step would be an appraisal of the property and further discussions regarding the kind of offer and financing. Staff is looking for Council direction regarding whether we should continue discussions on sale versus lease or should we just bring back the lease option. Jeremiah said there is zoning in place that would retain the historic designation of the property regardless of ownership. The report mentions no consideration of removing the historical designation. The purchaser is aware of the zoning restrictions and the historic nature of the property as well as the need to go through the process of site plan review for any modifications to the property. The historic nature is part of the reason for Puregrace's interest because they like the unique aspects of the property. Young said Mr. Lindahl brought this to his attention a couple of times and he was aware there are some sensitive issues that were not put in the report. He thought the City Council should be presented with both alternatives, and his expectation is that the historic designation would remain intact if it is sold. Butcher said we have considered this property and the business on it to be a win-win situation for the City over the past five years. One of the reasons for that is because it is such a community center and serves the entire community in that capacity. Before we made the decision to rehabilitate the property and have it become a Dunn Bros., there were a lot of parents and youth who came to us to see if there was something we could do as a City to create a gathering place for our teenage youth. Once the Dunn Bros. property on one of our historic sites came to fruition, it became clear this served a wonderful function in our community as a gathering place for our youth. She would like to do whatever we can to keep Dunn Bros. at this location and to maintain public access to the building. She didn't think it was a bad thing to look at the multiple perspectives on the situation, but she thought it would not be preferable for the City to sell the property if there would be the possibility of no public access in the future. Even though the lease may be lower in terms of annual value, it is a revenue stream that is helpful to the City in paying for the costs of the building rehabilitation. CITY COUNCIL MINUTES August 7, 2007 Page 10 Aho thought it is a wonderful facility, and whether we sell or lease it there is no guarantee that it will remain a Dunn Bros. coffee house. That is up to the market and the companies involved. In terms of the lease space it is stated that it has an initial annual rent of $60,558, or $18 per square foot. He asked if that is a net-net-net lease.Lindahl said it is a triple-net lease where they pay all the expenses. Aho said he was not opposed to either a lease or sale, but it would be good to get an appraisal of property and see if it is feasible. Duckstad said in light of the zoning regulations for heritage preservation he had no objection to the City getting an appraisal and exploring the possibility of selling the property. He thought we would be negligent if we did not look at that aspect since we are here to conserve. He would be in favor of the getting the appraisal and directing staff to look at the possibility of selling the property. Nelson said she could look at either option; however, she would prefer to keep it as a lease property because it provides a long-term revenue stream. If we sold the property, she would want to see proceeds go into the long- term revenue stream as well. She very much likes having this facility open to the public every day where people can come and go as they wish, and if we can possibly keep it in that kind of situation the City is better off for doing so. Duckstad said in connection with the possibility of selling the property, he would not be averse to continuing the decision to sell at a future date when we could get a maximum price if the real estate market is soft at the present time. Young thought we did not know enough to make a decision tonight, and he thought staff had the information they need in order to proceed. D.REPORT OF PARKS AND RECREATION DIRECTOR E.REPORT OF PUBLIC WORKS DIRECTOR F.REPORT OF POLICE CHIEF G.REPORT OF FIRE CHIEF H.REPORT OF CITY ATTORNEY XV.OTHER BUSINESS Neal read the list of liaisons assigned to Councilmembers for their visits to the National Night Out gatherings. He noted there will be a moment of silence at 6:05 PM tonight in memory of the victims of the 35-W bridge collapse. CITY COUNCIL MINUTES August 7, 2007 Page 11 Nelson said she understood some of our Police force was called in to help with the bridge incident and we should thank them for their participation in that. She asked what part we played. Neal said we had a small group of about 12 officers that went down on Thursday, Friday and Saturday to do perimeter security. They had training scheduled for that time and officers scheduled to come in, so they helped with the bridge security instead of having the training. Aho noted he went down to work at the American Red Cross building on Thursday to help with the emergency. There were a lot of volunteers and food donations and it was good to see the outpouring of help. XVI.ADJOURNMENT MOTION: Aho moved, seconded by Duckstad, to adjourn the meeting.Motion carried 5-0.Mayor Young adjourned the meeting at 6:04 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 21, 2007 DEPARTMENT /DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.A. Christy Weigel Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Church of Pax Christi Event:Archdiocesan Priests Gathering Date: Sept 10, 2007 Place: 12100 Pioneer Trail 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 21, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B. Leslie Stovring Declaration of Covenants and Restrictions forPublic Works / Environmental Pointe on Lake Riley Outlot Requested Action Move to:Move to approve filing a Declaration of Restrictions and Covenants for a City- owned Outlot within the Pointe on Lake Riley development. Synopsis The Riley-Purgatory -Bluff Creek Watershed District is requiring the City to file a Declaration of Restrictions and Covenants over the wetland mitigation area.G&L Land Investment, LLC (G&L) has signed an Agreement with the City of Eden Prairie to maintain and monitor the Wetland Mitigation Areas within the City-owned Outlot to ensure that creation and maintenance of the wetland mitigation area falls to the developer rather than the City until the mitigation area is determined to be complete by the Watershed District. Background Information The Pointe on Lake Riley development included wetland impacts that were mitigated on-site. This replacement wetland area was placed within an Outlot and ownership was transferred to the City of Eden Prairie. An Agreement dated February 23, 2007 was signed by the developer, G&L, which requires G&L to maintain and pay for any reconstruction, repairs or replacement deemed necessary by the Riley-Purgatory-Bluff Creek Watershed District to comply with the specifications within the approved Wetland Replacement Plan. The Letter of Credit placed on the property is to cover the wetland mitigation requirements as well as the wetland and wetland buffer requirements for the development. The Agreement will be in effect until the Watershed District determines that the Wetland Mitigation is performing as required by the Wetland Conservation Act. The second year of monitoring has been completed for the site. The wetland mitigation was less than the amount required and corrective actions were ordered. Installation of a small check dam to better control water flow within the wetland was also completed as required. A plan to address the need for additional wetland replacement and control of invasive species within the wetland, wetland buffer and wetland mitigation areas was provided. Attachments Declaration of Restrictions and Covenants Exhibit (Above Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant :City of Eden Prairie General Location of Replacement :Sec. 19, Twp. 116, Rge. 22, County of Hennepin This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) is made this 21st day of August, 2007 by the undersigned Declarant: RECITALS A.The City of Eden Prairie (Declarant) holds the fee title or perpetual easement on the real property described as below, and as shown on the attached Exhibit: That part of Outlot B, THE POINTE ON LAKE RILEY, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Outlot B; thence South 15 degrees 42 minutes 26 seconds West, assumed bearing, along the west line of said Outlot B a distance of 29.58 feet to the point of beginning; thence South 15 degrees 42 minutes 26 seconds West along the west line of said Outlot B a distance of 48.32 feet; thence South 89 degrees 22 minutes 58 seconds East a distance of 38.84 feet; thence South 34 degrees 22 minutes 18 seconds East a distance of 34.07 feet; thence South 07 degrees 50 minutes 23 seconds West a distance of 63.77 feet to an angle point in the southern line of said Outlot B; thence South 20 degrees 34 minutes 28 seconds East a distance of 49.56 feet along the south line of said Outlot B; thence North 72 degrees 39 minutes 15 seconds East a distance of 67.10 feet along the south line of said Outlot B; thence northwesterly along a tangential curve concave to the west having a radius of 30.00 feet and a central angle of 97 degrees 21 minutes 53 seconds a distance of 50.98 feet; thence North 24 degrees 42 minutes 34 seconds West a distance of 52.34 feet along the east line of said Outlot B; thence northerly along a tangential curve concave to the east having a radius of 90.00 feet and a central angle of 21 degrees 24 minutes 10 seconds a distance of 33.62 feet; thence North 38 degrees 51 minutes 42 seconds West a distance of 62.37 feet; thence South 85 degrees 38 minutes 20 seconds West a distance of 67.15 feet to the point of beginning. B.This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. C.The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D.The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. Page 1 of 4 E.The Local Government Unit (LGU) charged with approval of the Replacement Plan is the Riley-Purgatory- Bluff Creek Watershed District, whose address is Barr Engineering Company, 4700 W. 77th Street Minneapolis, MN 55435-4803 F.All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant ,and Declarant's heirs, successors, and assigns: 1.The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU.Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540 ,subp .10, and as specified in the replacement plan. 2.Declarant shall pay the costs of maintenance ,repairs ,reconstruction, and replacement of the Replacement Wetland ,which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3.Declarant grants to the LGU,the State of Minnesota ,and the agents and employees of the LGU and the State of Minnesota ,reasonable access to the Replacement Wetland for inspection,monitoring, and enforcement purposes .This Declaration grants no access to or entry on the lands described to the general public. 4.Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located .Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein ,and that ,all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5.Declarant shall record or file this Declaration ,pay all costs associated with recording or filing ,and provide proof of recording or filing to the LGU . If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6.Acknowledge that this Easement shall be unlimited in duration ,without being re-recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7.If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover,the term "Replacement Wetland as used in this Declaration shall also include the required areas of permanent vegetative cover,even if such areas are not wetlands .All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover .In addition, the Declarant: (a)Shall comply with the applicable requirements of Minnesota Rules 8420 .0540 ,subpart 2.D; (b)Shall ,at Declarant 's cost ,establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices ,in accordance with the replacement plan; (c)Shall not produce agricultural crops on the areas specified in the replacement plan; (d)Shall not graze livestock on the areas specified in the replacement plan or; (e)Shall not place any materials ,substances, or other objects, nor erect or construct any type of structure, temporary or permanent ,on the areas specified in the replacement plan, except as provided in the replacement plan; Page 2 of 4 (f)Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g)Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8.This Declaration may be modified only by the j oint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9.This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10.This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Phil Young, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me on (date) by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: Attachment - Exhibit B - Wetland Replacement Area This instrument drafted by:City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Page 3 of 4 EXHIBIT B WETLAND REPLACEMENT AREA +++ WETLAND MITIGATION AREA PLANTED WCA MAINTAINED BUFFER n I I T I v lJ I L -v NW COR. OUTLOT B S15°42 '26" W , I i r/,\r \ /N D IO) C ANGLE POINT IN S.LINE OUTLO!,^ 1' 0 .,\ UMN^^^ 0^ ^`IE J n1- J i 29.58 `' I BITUMINOU DRIVE S85-38'20" W 67.15 i O 0 ' J i J A n J`S 33.62 R=90.00 C') =21°2410 (_) J 0 30 SCALE IN FEET A \ CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 21, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION: IC #02-5585 ITEM NO.: VIII.C. Leslie Stovring Phase II Nondegradation ReportPublic Works / Environmental Requested Action Move to:Approve submittal of the Final Draft of the Phase II Nondegradation Report to the Minnesota Pollution Control Agency for review and approval. Synopsis The City of Eden Prairie submitted an application for coverage under the Phase II National Pollutant Discharge Elimination System (NPDES) Permit to the Minnesota Pollution Control Agency (MPCA) on May 30, 2006. One requirement of the new permit was preparation of a Nondegradation Report by September 1, 2007. The Draft Report was submitted for public notice on June 26, 2007 and a public meeting was held. Comments were received from the Metropolitan Council and revisions were made as recommended for the Final Draft. Background Information Phase I of the Nondegradation Assessment included collection and analysis of the data needed to assess the city for stormwater loading. Phase I was completed in September 2006. Phase II included assessment and modeling of the pollutant loadings into our lakes, creeks, wetlands and ponds due to increased urbanization since 1988 and during future development. This would include phosphorus, total suspended solids (sediment) and stormwater flow volume (for example evaluation of creek bank erosion). A Nondegradation Report was prepared to evaluate and recommend practices to reduce or mitigate pollutant loading to our waterways. A 30-day public comment period extended from June 26th through July 25, 2007. Individual copies were mailed to the Watershed Districts, Metropolitan Council, Board or Water & Soil Resources and Pollution Control Agency.Metropolitan Council was the only one to submit comments, and they were editorial in nature. A copy of the Final Draft must be submitted to the Pollution Control Agency by September 1, 2007 to remain in compliance with our permit. Recommendations were developed to primarily address volume loading to the City's creeks and lakes. Pollutants such as phosphorus and suspended solids were shown to be addressed by current Best Management Practices (BMPs) such as street sweeping and stormwater treatment requirements and suggestions for improvements to current practices were included. BMPs recommended include: •Scheduling street sweeping as early as possible in the spring to remove materials prior to spring rains. •Evaluation of need for increased street sweeping in sensitive locations, such as for lakes or creeks that are impaired due to nutrient loading. •Incorporation of abstraction requirements into current stormwater treatment requirements.Abstraction is the removal or treatment of stormwater runoff, including infiltration (such as rain gardens or green roofs), increased evapotranspiration (such as increased tree plantings), incorporation of pervious pavement or capture and reuse of stormwater for activities such as lawn irrigation. Abstraction of the first one inch of rainfall could reduce new runoff volume by as much as 85 percent. In addition, approximately 80% of the annual volume is generated by 3/4 inch rain events or less. The current policy is to infiltrate the first 3/4 inches of stormwater on site. The Nine Mile Creek Watershed District is considering a requirement for abstraction of the first inch. •Development of standards for mitigation of volume generated between 1987 and 2007 for redevelopment or reconstruction of developed areas. •Incorporation of soil management plans for development and redevelopment into current stormwater treatment requirements. This would require the developer to minimize soil compaction from development and restore site permeability through actions such as post- construction soil ripping or soil amendment. •Evaluate ways to educate developers on and provide incentives to developers on creatively applying Low Impact Development (LID) design principals. •Restoration and stabilization of downstream water resources that are being impacted by stormwater runoff volumes. This work would be conducted in partnership with the Watershed Districts as much as possible. •Incorporation of structural Best Management Practices (BMPs) into City projects such as street reconstruction as opportunities arise. This could include installation of sumps, rain gardens, underground infiltration or other measures. Attachment Final Draft Nondegradation Plan Eden Prairie Nondeg radation Assessment Prepared for The City of Eden Prairie August 2007 m + nf'►,?, EDEN PRAI R IE LIVE .WORK. DREAM Eden Prairie Nondegradation Assessment Final Agency Review Draft Wenck File #0094-11 Prepared for: THE CITY OF EDEN PRAIRIE EDEN P RAIRIE LIVE•WORK•OREAM Prepared by: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 (763) 479-4200 August 2007 Wenck Table of Contents 1.0 INTRODUCTION .............................................................................................................. 3 1.1 Introduction ..................................................................................................................... 3 2.0 LAND USE AND P8 MODELING .................................................................................... 4 2.1 P8 Model Construction and Organization ....................................................................... 4 2.2 Land Use Assessment ..................................................................................................... 5 2.3 Imperviousness Assessment ..........................................................................................10 2.4 Pervious Curve Numbers ..............................................................................................13 2.5 Other P8 Inputs .............................................................................................................13 2.6 Model Validation and Assumptions ..............................................................................13 3.0 CURRENT WATER QUALITY TREATMENT CAPACITY ........................................15 3.1 Applicable Rules, Codes and Ordinances .....................................................................15 3.1.1 Eden Prairie Codes and Ordinances ......................................................................15 3.1.2 Riley-Purgatory Creek-Bluff Creek Watershed District .......................................15 3.1.3 Nine Mile Creek Watershed District .....................................................................16 3.1.4 Lower Minnesota Watershed District ...................................................................16 3.2 Treatment Device Quantification ..................................................................................16 3.3 Year Built For Developments .......................................................................................16 3.4 Application of Rules .....................................................................................................18 3.5 Sump Manholes ............................................................................................................19 3.6 Street Sweeping ............................................................................................................19 4.0 MODEL RESULTS ..........................................................................................................20 4.1 Organization ..................................................................................................................20 4.2 Load Changes ................................................................................................................20 4.3 Current BMP Treatment ...............................................................................................22 4.3.1 Development Rules ...............................................................................................22 4.3.2 Sump Manholes ....................................................................................................23 4.3.3 Street Sweeping ....................................................................................................24 4.3.4 V olume ..................................................................................................................25 4.3.5 TSS Loading .........................................................................................................25 4.3.6 TP Loading ............................................................................................................26 4.4 Model Sensitivity ..........................................................................................................27 5.0 SUMMARY AND PROPOSED BMPS ...........................................................................28 5.1 Total Suspended Solids .................................................................................................28 5.1.1 Regulatory Program ..............................................................................................28 5.1.2 Street Sweeping ....................................................................................................29 5.1.3 Other Activities .....................................................................................................29 5.2 Total Phosphorus ..........................................................................................................30 5.2.1 Regulatory Program ..............................................................................................30 5.2.2 Manhole Sump Cleanout.......................................................................................30 5.2.3 Street Sweeping ....................................................................................................30 5.2.4 Other Activities .....................................................................................................31 City of Eden Prairie i Final Agency Review Draft Nondegradation Assessment August 2007 5.3 Volume ..........................................................................................................................31 5.3.1 Regulatory Program .............................................................................................. 31 5.3.2 Education Program ................................................................................................ 33 5.3.3 Structural Improvements ....................................................................................... 34 5.3.4 Nonstructural Improvements ................................................................................ 35 6.0 SWPPP MODIFICATIONS .............................................................................................36 6.1 Total Suspended Solids .................................................................................................36 6.1.1 Nonstructural Improvements ................................................................................36 6.1.2 Manhole Sump Cleanout .......................................................................................36 6.1.3 Street Sweeping ....................................................................................................36 6.1.4 Other Activities .....................................................................................................36 6.2 Total Phosphorus ..........................................................................................................37 6.2.1 Regulatory Program ..............................................................................................37 6.2.2 Manhole Sump Cleanout.......................................................................................37 6.2.3 Street Sweeping ....................................................................................................37 6.2.4 Other Activities .....................................................................................................37 6.3 Volume ..........................................................................................................................38 6.3.1 Regulatory Program ..............................................................................................38 6.3.2 Education Program ................................................................................................38 6.3.3 Structural Improvements .......................................................................................38 6.3.4 Nonstructural Improvements ................................................................................39 6.4 Proposed Revisions to SWPPP BMPS ........................................................................40 City of Eden Prairie ii Final Agency Review Draft Nondegradation Assessment August 2007 Executive Summary This study is completed in response to the Nondegradation Assessment requirement of the Minnesota Pollution Control Agency as part of the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit. The purpose of this study is to assess changes in stormwater runoff volume, total suspended solids (TSS) and total phosphorus (TP) loading in the City of Eden Prairie since 1988, and to predict how land change expected to occur between now and 2020 would impact those parameters. This analysis is to be used to identify Best Management Practices to be undertaken to return to 1988 or better conditions. A key component of this analysis is an assessment of the change in impervious surface due to land use change. The percent impervious area varies considerably thorugout the City, with some subwatersheds less than 10 percent impervious and other approaching 50 percent. Year 1990 2000 2020 Percent of upland area in Eden Prairie that is impervious 21%29%32% This analysis estimated the pollutant loads and stormwater volumes for three key years - 1990 (a proxy for 1988), 2000, and 2020. Much of the land use change in Eden Prairie since 1988 occurred under regulation to protect water quality. Additionally, the City currently undertakes Best Management Practices (BMPs) to improve water quality. The pollutant load and volume reductions associated with those BMPs were estimated to determine the net impact to stormwater volume and TSS/TP load since 1988 and predicted to occur between now and 2020. Removal by BMP Net Total Total Total Removal (-) Parameter Load Load Increase Develop -Manhole Street or Net 1990 2020 1990-2020 went Sump Sweeping Increase Rules Cleanout (+) Total 2,456,658 3,687,643 1,230,985 1,972,599 108,365 151,971 -1,001,950Suspendedlbs/yr lbs/yr lbs/yr lbs/yr lbs/yr lbs/yr lbs/yrSolids Total 9,134 13,509 4,375 6,198 269 352 -2,444 Phosphorus lbs/yr lbs/yr lbs/yr lbs/yr lbs/yr lbs/yr lbs/yr Runoff 10,343 14,828 4,485 None None None +4,485 Volume acre-feet acre-feet acre-feet estimated estimated estimated acre-feet/ /year /year /year year For the period 1990-2020, this study estimates the City will remove about 1 million more pounds of TSS than created since 1988, and 2,400 pounds more TP than created. For these two parameters, the City meets the MPCA requirement of no net increase in TSS and TP over 1988 conditions.However, land use change will generate 4,485 acre-feet of new runoff volume. To address this increase in stormwater volume, the City has identified several new BMPs that will over time either reduce stormwater volume or minimize the adverse effects of additional City of Eden Prairie 1 Final Agency Review Draft Nondegradation Assessment August 2007 stormwater volume.Managing stormwater volume has the additional benefit of reducing TSS and TP loading by reducing the amount of runoff picking up and transporting pollutants to downstream waters. These BMPs include: •A new requirement on development and redevelopment to abstract (remove from runoff by infiltration, evapotranspiration, capture and reuse, etc .)a portion of annual runoff volume; •Reducing additional stormwater runoff volume through evapotranspiration by developing and implementing a reforestation program; •Retrofitting volume management BMPs where opportunities arise, such as on City street reconstruction projects; and •Mitigating volume impacts by stream restoration ,erosion control projects ,shoreline restoration. City of Eden Prairie 2 Final Agency Review Draft Nondegradation Assessment August 2007 1.0 INTRODUCTION 1.1 Introduction This study is completed in response to the Nondegradation Assessment requirement of the Minnesota Pollution Control Agency as part of the City's National Pollutant Discharge Elimination System (NPDES) Phase II permit. The purpose of this study is to assess changes in stormwater runoff volume, total suspended solids (TSS) and total phosphorus (TP) loading in the City of Eden Prairie since 1988, and to predict how land change expected to occur between now and 2020 would impact those parameters. This analysis is to be used to identify Best Management Practices (BMPs) to be undertaken to return to 1988 or better conditions. A nondegradation assessment consists of three key steps: 1.An assessment of change in land use and imperviousness in the city from 1988 to present and out to 2020 conditions. 2.An associated pollutant load change with the land use change for total phosphorus, total suspended solids, and water volume. 3.Identification of current of necessary BMPs to return to 1988 conditions or better. This study is organized as follows: 1.A description of the City, land use change since 1988, and change expected to occur between now and 2020. 2.A description of the method used to calculate imperviousness and the results. 3.A description of the various input parameters used to model pollutant loading and stormwater runoff volumes. 4.A review of the existing BMPs designed to reduce pollutant loading, including a history of watershed and city rules and ordinances regulating development and redevelopment; the maintenance of sump manholes that collect material washed into the storm sewer system from the landscape; and the street sweeping program. 5.A detailed presentation of the results of water quality and quantity modeling reported by subwatershed in the city. These results estimate the amount of new TSS and TP loading and stormwater runoff volumes resulting from land use change in the City. 6.An analysis of the amount of pollutant loading removed by the BMPs described above. 7.The net impact of those BMPs in reducing the increased TSS and TP load and new stormwater volume. 8.Identification of new BMPs the City could undertake to return to 1988 conditions or better, or mitigate the impacts of increases. 9.Proposed modifications to the City's Storm Water Pollution Prevention Plan to plan to implement those BMPs. City of Eden Prairie 3 Final Agency Review Draft Nondegradation Assessment August 2007 2.0 LAND USE AND P8 MODELING 2.1 P8 Model Construction and Organization Modeling for much of the City has already been completed through the preparation of Use Attainability Assessments (UAAs) for many of the lake watersheds in Eden Prairie by either the Nine Mile Creek Watershed District or the Riley-Purgatory-Bluff Creek Watershed District (Table 2.1). Staring Lake is due for completion in 2007 and covers a significant portion of the Purgatory Creek watershed in Eden Prairie. The UAAs include both watershed load modeling and in-lake response modeling. The UAAs are used to identify potential improvement projects and estimate the costs to restore the waterbody to meet selected water quality goals. Table 2.1. Current status of UAA analyses in the City of Eden Prairie. Watershed Water Body Status Riley-Purgatory-Bluff Creek Duck Lake Completed Round Lake Completed Mitchell Lake Completed Rice Marsh Lake Completed Lake Riley Completed Red Rock Lake Draft Staring Lake Due Fall 2006 Nine Mile Creek Birch Island Lake Completed Bryant Lake Completed Lake Smetana Completed Anderson Lakes Completed Lower Minnesota Rice Lake Not Completed Grass Lake Not Completed The UAAs include a P8 model developed for each of the lake watersheds .P8 - Program for Predicting Polluting Particle Passage thru Pits ,Puddles,&Ponds - is a public domain (http ://wwwalker.net/p8/), industry standard model developed to assess pollutant loading in urban watersheds .P8 was developed using National Urban Runoff Program (NURP) data and provides loading estimates based on data collected as a part of the NURP program. P8 was designed to assess the effectiveness of BMP implementation in reducing runoff loads from impervious surfaces and provides a tool for evaluating other nonstructural practices such as street sweeping .These models represent the best tools available for predicting watershed loads under current conditions. The models provided by the watershed districts were the basis for the City's assessment. For the assessment, the P8 model subwatersheds were maintained as well as the device configurations. However, imperviousness and the pervious curve numbers were updated based on evaluations of land use, LANDSAT data, and aerial photo interpretation. Selection of these input variables is described later in this report. It is important to note the modeling is not focused on absolute values, rather the purpose is to assess relative change among the time periods. The modeling does need to be close to real world values to assess the impact of current activities on loading. The modeling was developed for this purpose and is not intended to be a calibrated loading model. City of Eden Prairie 4 Final Agency Review Draft Nondegradation Assessment August 2007 The analysis was conducted according to the receiving water including twelve lakes (Figure 2.1). Although the analysis focused on changes in loading to the lakes, the subwatershed detail was maintained in the model for future evaluation of projects on water quality. 2.2 Land Use Assessment Land use data was collected from the Metropolitan Council and the City of Eden Prairie. However, each of the key time periods and data sets had different land use categories. These data were combined into a representative group of categories (Table 2.2 Figures 2.2, 2.3 and 2.4). 1990 data was selected as a surrogate for 1988 because land use data was readily available for 1990 and not 1988. Little change occurred in the City between 1988 and 1990. In the 1990 land use coverage, agriculture and vacant lands were not uniquely identified. Since the conversion of agricultural land to developed land has significant implications, we assumed the agricultural land in 2000 was also agriculture in 1990 and converted the land use accordingly. The Metropolitan Council's coverage also included a mixed-use category that was dissected using Eden Prairie's data into the appropriate category such as commercial or single family residential.The resultant coverages are the best estimate of land use for the three critical time periods including 1990, 2000 (present) and 2020. Table 2.2. Aggregated land use categories for the City of Eden Prairie Land Use 1990 Land Use 2000 Land Use 2020 Planned Land Use Vacant Vacant/Agricultural Undeveloped (Includes Ag and Vacant)3 Vacant, Open Space Agricultural 2000 Agricultural'Agricultural Agricultural, 2000 Agricultural' Single Family Residential Single Family Residential, Farmstead Farmstead,Seasonal/Vacation, Single Family Detached, Manufactured Housing Park Singl e Famil y Residential Multi-Family Residential Multi-Famil y Residential Single Family Attached, Multi-Family Multi-Famil y Residential Commercial Commercial Retail and Other Commercial, Office, Mixed Use Commercial Industrial Industrial Industrial Industrial Public/Semi Public Public/Semi Public Institutional5 Institutionals Parks and Recreation Parks and Recreation Golf Course and Parks and Recreation Parks and Recreation Airport Airport Airport Airport Vacant Vacant/Agricultural Undeveloped (Includes Ag and Vacant)Vacant, Op en S p ace Open Water Open Water Open Water Open Water Roadway Major Ilighway Major Highway, Roadway Major Highway, Roadway Railway None Railway Railway 'For 1990 and 2020 land use, the 2000 agriculture class updated the existing land use. 2 The mixed use category was defined as SFR, MFR, COM, or IND in 2000 and 2020 coverage were changed to the Eden Prairie Classifications. 3 For the 2000 land use, the vacant classification was updated based on the City of Eden Prairie's current Land Use to either SFR, MFR, COM, IND, P&R, PSP, AG 4 Compared the Met Council's 2000 and 2020 land use with the City of Eden Prairie's current and future land use. Changed the Met Council's classification to the Eden Prairie's land use based on aerial photography verification. 5Institutional uses are schools, churches, and government buildings. City of Eden Prairie 5 Final Agency Review Draft Nondegradation Assessment August 2007 ke Rile% Mitchell Lak RedRock,L Legend -° Major Roads EP Riley I Subwatersheds (Source:Barr Engineering Company) N 1 ^ Miles) MOB L1,1114 10 0 '-,I I01iraW rtD8ersaed eigureelEP Sullwatarshed Map.ccd a^ I.nodiried 11!4!2006 8 39 Ail EDEN PRAIRIE NON DEGRADATION STUDY Eden Praire Watershed Map City of Eden Prairie = Lake Riley Subwatershed Lakes 0 Mitchell Lake Watersheds OutflowSubwatersheds Anderson Lake Red Rock Lake Birch Island Lake Rice Marsh Lake Bryant Lake Round Lake Subwatershed Duck Lake Smetana Lake EP Lower Minnesota River Q Staring Lake EP Purgatory ^Wenck Wenck Associates ,Inc.1800 Pioneer Creek Center Environmental Engineers Maple Plain .MN 55359-0429 APR 2007 Figure 2.1 City of Eden Prairie 6 Final Agency Review Draft Nondegradation Assessment August 2007 Notes: Land Use was developed using the Metropolitan Councils 1990 Historical Land Use 1 0.5 0 1 CITY OF EDEN PRAIRIE NON-DEGRADATION PLAN 1990 Historical Land Use Legend Roadways City of Eden Prairie _ Industrial Public/Semi Public 1990 Historical Land Use Park and Recreation Vacant Airports Agricultural Eden Prairie's Wetlands Single-Family Residential _ Water Multi-Family Residential Major Highways Commercial Wenck Wenck Associates, Inc, 1800 Pioneer Creek Center Environmental Engineers Maple Plain, MN 55359-0429 SEP 2006 Figure 2.2 City of Eden Prairie 7 Final Agency Review Draft Nondegradation Assessment August 2007 9 Notes: Land Use was developed using a combination of the Metropolitan Council's 2000 Land Use and the City of Eden Prarie's Land Use. 1 0.5 0 t.± l 1 105 f., 11110IX ^,inSn„f -..,111x 1- .:1 1 io CITY OF EDEN PRAIRIE NON-DEGRADATION PLAN 2000 Land Use Legend Roadways Industrial City of Eden Prairie Public/Semi Public 2000 Land Use Parks and Recreation Vacant Airport Agricultural Eden Prairie's Wetlands Single Family Residential Water Multi-Family Residential Major Highway Commercial Railway Wenck Wenck Associates, Inc, 1800 Pioneer Creek Center Environmental Engineers Maple Plain, MN 55359-0429 SEP 2006 Figure 2.3 City of Eden Prairie 8 Final Agency Review Draft Nondegradation Assessment August 2007 Notes, Land Use was developed using a combination of the Metropolitan Council's 2020 Planned Land Use and the City of Eden Prairie's Guide Plan. 1 0.5 0 N ti Miles 1 CITY OF EDEN PRAIRIE NON-DEGRADATION PLAN 2020 Planned Land Use Legend Roadways Public/Semi Public City of Eden Prairie Parks and Recreation 2020 Land Use Airport Agricultural Eden Prairie Wetlands Single Family Residential Water Multi-Family Residential Major Highway Commercial Railroad Industrial Wenck VVenck Associates, Inc. 1800 Pioneer Creek Center Environmental Engineers Maple Plain ,MN 55359-0429 SEP 2006 Figure 2.4 City of Eden Prairie 9 Final Agency Review Draft Nondegradation Assessment August 2007 These data were compiled for the City of Eden Prairie (Table 2.3). The 2020 land use coverage assumes build-out conditions and that no vacant land will remain in the City.A significant increase in single and multifamily residential and commercial land use with a loss of both vacant and agricultural areas has occurred since 1990. Table 2.3. Land use acreaees in the City of Eden Prairie for the three key time periods. Land Use Cate gories 1990 Land use (acres)2000 Land Use (acres)2020 Land Use (acres) Agricultural 536 537 344 Airports 517 657 797 Commercial 803 1,082 1,275 EP Wetlands 3,352 3,353 3,353 Industrial 912 1,438 1,463 Major Highways 439 694 1,051 Multi-Family Residential 725 1,058 1,146 Park and Recreation 1,840 2,609 2,297 Public/Semi Public 458 616 1,039 Railway N/A 70 69 Single-Family Residential 4,466 7,586 7,595 Vacant 6,378 730 0 Water 2,081 2,080 2,080 TOTAL 22 ,508 22 ,5 09 22 ,5 0 9 N/A = Not available 2.3 Imperviousness Assessment To estimate the imperviousness in the City, assumed percent imperviousness by land use from the watershed district supplied models and LANDSAT imagery were assessed (Table 2.4; Figure 2.5).The LANDSAT impervious fraction is an area-weighted average of imperviousness for all pixels or partial pixels falling in each land use classification. The values were in relative agreement except for commercial and industrial areas. Aerial photos were analyzed to determine the imperviousness of these two land uses. The selected values for the modeling were chosen based on aerial photo interpretation or based on an evaluation of LANDSAT estimated imperviousness as well as knowledge of the area and to provide a conservative approach. Table 2 .4. Impervious fractions by land use from the UAAs, LANDSAT analysis ,and those fractions used in this study. Land Use LANDSAT Impervious Fractions UAA Impervious Fractions Selected Impervious Fractions Agriculture 0.04 0.03 0.05 Airports 0.30 0.30 0.30 Commercial'0.50 0.85 0.67 Industrial'0.47 0.75 0.50 Multi-Family Residential 0.41 0.65 0.60 Parks and Recreation Areas 0.10 0.02 0.10 Public Semi Public 0.32 0.50 0.32 Railway 0.13 N/A 0.20 Roadway 0.34 0.50 0.50 Single Family Residential 0.21 0.30 0.25 Vacant 0.08 0.03 0.05 'Verified through aerial photo analysis. N/A = Not available City of Eden Prairie 10 Final Agency Review Draft Nondegradation Assessment August 2007 Legend City of Eden Prairie 41-50% Lakes 51-60% 1998 Landsat (% Impervious )777161-70% Notes: 1998 Landsat Imagery Data Souroe: MPCA Highway Data Source: IwlNDCT Source of all other Data: Cita of Eden Prairie 1 0.5 0 CITY OF EDEN PRAIRIE NON-DEGRADATION PLAN MPCA 1998 Landsat Imagery (% Impervious) 11-20% 21-30% 31-40% - 71-80% - 81-90% - 91-100°^ Wenck WenckAssociates , Inc. 1600 Pioneer Creek Center Environmental Engineers Maple Plain. MN 55359-6429 SEP 2006 Figure 2.5 City of Eden Prairie 11 Final Agency Review Draft Nondegradation Assessment August 2007 The aerial photo assessment of impervious areas covered a total of 376 commercial acres as well as 628 industrial acres (Table 2.5).Impervious and pervious areas were digitized to estimate the area of impervious surfaces in these land use categories .Although they represent a very small area, parking lot islands were considered impervious because of soil compaction in these areas. Commercial areas were determined to be approximately 67% impervious while industrial areas were determined to be 46%impervious. Table 2.5.Digitized impervious and pervious acres for commercial and industrial areas in Eden Prairie. Commercial IndustrialCategory Acres Percent Acres Percent Pervious 123 33%341 54% Impervious 253 67%287 46% TOTAL 376 100%628 100% Upland areas (areas excluding lake and wetland surface areas) in the City went from 21 % impervious in 1990 to a projected imperviousness of 32% in 2020 (Table 2.6). The Lake Smetana and NW Anderson Lake watersheds demonstrated the greatest impervious fractions with 50% and 44% impervious areas respectively. Additionally, the northeast corner of the City which flows to Nine Mile Creek was projected to be more than 50% impervious. Table 2.6. Total change in upland imperviousness in the City of Eden Prairie. Watershed Watershed Percent Imp ervious' ID Area (acres )'1990 2000 2020 Birch Island 201 17 24 25 Bryant Lake 1,443 24 30 34 Duck Lake 117 23 24 25 Lower Riley Creek 1,176 8 20 25 Lake Riley 580 7 21 31 Lower MN 2,090 13 17 21 Outflow Watersheds 359 39 50 52 Lake Mitchell 661 15 31 31 Purgatory 2,873 23 31 33 Red Rock Lake 1,044 15 27 29 Rice Marsh Lake 140 6 21 29 Round Lake 398 24 25 25 Lake Smetana 834 36 47 50 Staring Lake 4,582 25 34 36 NW Anderson Lake 218 28 39 44 SE Anderson Lake 7 14 29 29 SW Anderson Lake 285 20 19 19 TOTAL 17,008 21 29 32 'Does not include wetland and lake surface areas. City of Eden Prairie 12 Final Agency Review Draft Nondegradation Assessment August 2007 2.4 Pervious Curve Numbers The second key piece of information for the P8 model is a curve number for the pervious areas in the model. The SCS curve number reflects an area-weighted-average of the pervious areas considering soil types, land use and hydrologic groups. It was assumed that all pervious areas, or grassed areas, were in fair hydrologic condition. Table 2.7 lists the values used in the P8 modeling as a function of land use, hydrologic condition, and soil group. Table 2.7. Curve numbers by land use and soil tune. Hy drolo gic Soil Group (Grassed Areas in Fair Condition) Land Use A B C D A/D B/D B/C A/B A/C Unclassified Agricultural 49 69 79 84 66.5 76.5 74 59 64 70.25 Airport 68 79 86 89 78.5 84 82.5 73.5 77 80.5 Roadway 49 69 79 84 66.5 76.5 74 59 64 70.25 Single Family Residential 39 61 74 80 59.5 70.5 67.5 50 56.5 63.5 Park and Recreation 39 61 74 80 59.5 70.5 67.5 50 56.5 63.5 Commercial 49 69 79 84 66.5 76.5 74 59 64 70.25 Major Highways 49 69 79 84 66.5 76.5 74 59 64 70.25 Multi-Family Residential 39 61 74 80 59.5 70.5 67.5 50 56.5 63.5 Vacant 39 61 74 80 59.5 70.5 67.5 50 56.5 63.5 Industrial 68 79 86 89 78.5 84 82.5 73.5 77 80.5 Railway 68 79 86 89 78.5 84 82.5 73.5 77 80.5 Public/Semi Public 39 61 74 80 59.5 70.5 67.5 50 56.5 63.5 2.5 Other P8 Inputs Other model input is the particle, precipitation and temperature file. The particle file used was the P8 default NURP50 particle file. Both the precipitation and temperature files used were obtained from UAA models. All models were run for the same 10 year period (1990 to 2000) with 5 passes through the precipitation file. 2.6 Model Validation and Assumptions Modeling was conducted for all loading in the City, including loading from other NPDES Phase II permit holders. Other permit holders include Mn/DOT, Hennepin County and Flying Cloud Airport. These loadings were included in this assessment. The modeling approach presented here is a conservative approach to assess nondegradation. The P8 model was developed for urban watersheds. However, one of the critical aspects of this modeling is the change in loading that occurs as land is converted from open or agriculture to developed land. To test the P8 model's handling of open space, a test watershed (100 acres) was run for an average precipitation year (Table 2.8). Curve numbers in the model for open space and agriculture typically ranged from 60 to 70. Because of the low runoff (<1.4 inches), the loading rates for open land with these curve numbers is very low. This may be artificially City of Eden Prairie 13 Final Agency Review Draft Nondegradation Assessment August 2007 lowering the runoff from these areas, especially if the current land use is agriculture. However, to maintain a conservative approach, these numbers were maintained in the model. Table 2 .8.Runoff and loading by curve number from a test watershed in P8. CN Runoff (in) TSS load (lbs./a r)TSS (pp m) TP load (lbs./a r)TP (ppm) 50 0.3 0.7 12 0.01 0.127 55 0.5 2 17 0.01 0.138 60 0.7 4 22 0.02 0.150 65 1.0 7 29 0.04 0.167 70 1.4 13 40 0.06 0.193 75 1.9 24 55 0.10 0.226 80 2.7 44 71 0.16 0.263 85 4.0 82 89 0.28 0.305 90 6.3 163 114 0.52 0.363 95 11.0 366 148 1.09 0.440 Impervious (NURP 50)26.1 649 110 2.09 0.354 Impervious (NURP 90)26.1 1947 330 4.43 0.750 To validate the model, model results were compared to stream data collected as a part of the Watershed Outlet Monitoring Program (WOMP; Table 2.9). For the WOMP data, a close to average year precipitation was selected to evaluate. Data are presented as flow weighted means or on a unit area basis. This makes the data comparable even though the model was only run for the City of Eden Prairie portion of the watersheds. The model typically over-predicted runoff and loading for the Purgatory Creek watershed. Although the model does not account for receiving water processes, it represents a conservative estimate of loading from the land. Table 2 .9.Monitored and predicted volume and water quality for Purgatorv Creek. Flow FlowRunoffTSS load TP loadWatershedYearWeightedWeighted TP (m)(lbs/ac/yr)(lbs/ac/yr)TSS (m )() Purgatory 2004 7 23 38 160 0.26 Creek Modeled2 10 93 217 314 0.73 'Data calculated from WOMP station for entire watershed 2Data calculated for City of Eden Prairie portion of watershed using NURP50 file. City of Eden Prairie 14 Final Agency Review Draft Nondegradation Assessment August 2007 3.0 CURRENT WATER QUALITY TREATMENT CAPACITY Understanding the BMPs and water quality treatment devices in the watershed is vital in assessing load changes in the City between 1988 and present .Additionally ,assessing whether the current practices are sufficient for protecting water quality into the future can help guide City activities to assure compliance with nondegradation. 3.1 Applicable Rules, Codes and Ordinances Applicable watershed district rules and City codes and ordinances that address water quality were reviewed to determine the current treatment capacity in the City resulting from regulation. 3.1.1 Eden Prairie Codes and Ordinances Wetlands (2000, modified 2003). Provides for management of wetlands and wetland impacts by management classification as determined by a functions and values assessment. Ordinance specifies allowable hydrologic change in wetlands, and buffer and setback standards by classification.Land-altering activities affecting wetlands must also provide a Stormwater Pollution Prevention Plan incorporating Best Management Practices. Shoreland Management (2004). Establishes structure, septic system, and drain field setbacks, and minimum lot sizes; regulates grading and filling activities and alteration of natural vegetation in the shoreland management area; and regulates onsite sewerage systems in the shoreland area. Land Alteration, Stormwater Management, and Tree Replacement (2006).Generally governs land alterations impacting 100 cy or more of earth. Requires erosion control, slope stabilization, tree preservation and replacement, and post-construction maintenance of stormwater management facilities. 3.1.2 Riley-Purgatory Creek -Bluff Creek Watershed District The District's regulatory program was formally established in 1996. Projects to alter or disturb land surfaces in excess of one acre, fill within the 100-year floodplain, or fill within a wetland are required to meet NURP design requirements and include skimming of floatable materials. No specific rate or volume control is required. According to Bob Obermeyer, engineer for the District, standards have been in place since 1977 for projects altering more than one acre. The early emphasis was simply on erosion control, but in the early 80s started looking for sedimentation control and treatment. The design criteria used was to provide sufficient surface settling area to remove a 0.1 mm particle based on a 10-year, 1.65" in 30 minutes storm event (Obermeyer, pers. corresp. 6/8/06, 7/12/06). City of Eden Prairie 15 Final Agency Review Draft Nondegradation Assessment August 2007 3.1.3 Nine Mile Creek Watershed District The District's regulatory program was formally established in 1996. Projects to alter or disturb in excess of 100 cubic yards of material, fill within the 100-year floodplain, or fill within a wetland are required to submit an erosion and stormwater management plan. On-site detention for rate control is required to maintain predevelopment rates of runoff for the 100-year storm event.No volume control is required.Water quality ponds must meet NURP design requirements and include skimming of floatable materials.According to Bob Obermeyer, engineer for the District, standards have been in place since 1977 for projects altering more than 100 cubic yards of material. The early emphasis was simply on erosion control, but in the early 80s started looking for sedimentation control and treatment. The design criteria used was to provide sufficient surface settling area to remove a 0.1mm particle based on a 10-year, 1.65" in 30 minutes storm event (Obermeyer, pers. corresp. 6/8/06, 7/12/06). 3.1.4 Lower Minnesota Watershed District The District's regulatory program was formally established in 1999. A Runoff Management Plan (RMP) is required for residential projects in excess of 5 acres or nonresidential projects in excess of one acre, or projects meeting other criteria. Runoff from the site after development must not exceed the peak runoff from the site predevelopment for the 20-percent chance (5-year) and 1-percent chance (100-year) storm event.The two LMWD lakes in Eden Prairie, Grass Lake and Rice Lake, are Level IV lakes, requiring runoff treatment prior to discharge to NURP standards except that dead storage must be provided for a 2-inch event rather than a 2.5-inch event. 3.2 Treatment Device Quantification The City of Eden Prairie's pond and wetland database was reviewed to assess the ability to quantify the treatment capacity in the City. The most important data includes pond dead storage or bottom and surface areas. Flood pool storage is also useful but not critical. Currently, these data are not available in the City's database. For the Nine Mile Creek Watershed, the data are available in the P8 model supplied by the District. The data are also provided in the other UAA models, however it is unclear if all of the ponds are included, most significantly the development or lot level ponds. Consequently, the treatment capacity was estimated based on the year the lot was developed and the District or City rules in place at the time. 3.3 Year Built For Developments The first step in identifying the rules under which development occurred, is to determine the date when a lot was developed. Hennepin County maintains a GIS layer that includes the development year for a particular tax lot (Figure 3.1).The City was then broken into areas based on the period in which different watershed rules were in place. Realizing that some development can still occur without review (less than 5 acres), each subwatershed was evaluated City of Eden Prairie 16 Final Agency Review Draft Nondegradation Assessment August 2007 Birch .% Islantl ^ L.P. Riley Rice L.P. K L^yjRuuntl1L he h ^; nL k II 3.sy>,.^. \ I Grass Lake Notes Year Built Data Source Hennepin County Highway Data Source MNDOT Source of all other Data City of Eden Prairie 1 0.5 0 1 rl Miles] `- L !^ r r ^^h IL wi 1 CITY OF EDEN PRAIRIE NON-DEGRADATION PLAN Hennepin County Year-Built Data by Rule Change ,X;11 4 , i.JV.l Nell Lake - Smefana Legend OGIV •,I rcl^nu b Riley Purgatory and Nine Mile Creek Year Built Parcels n •^,afa rest,ae, rasa-=m^anf Lower Minnesota Year Built Data akae Wenck Nlenck Associates Inc. 1800 Pioneer Creek Center Environmental Engineers Maple Plain ,MN 55359-0429 SEP 2006 Figure 3i City of Eden Prairie 17 Final Agency Review Draft Nondegradation Assessment August 2007 to estimate the area of development that occurred under the watershed district rules (Table 3.1). This was accomplished by evaluating the dates the lots were built in relation to neighboring lots. If several lots were built together, the area was assumed to develop under the rules. Table 3.1. Estimated areas that developed under watershed district rules by subwatershed. Watershed ID Estimated Number Of New Lots Estimated No. Built Under Rules Fraction Built Under Rules Birch Island 36 21 0.58 Bryant Lake 282 226 0.80 Duck Lake 22 14 0.64 Lower Riley Creek Estimated Estimated 0.90 Lake Rile 364 356 0.98 Lower MN 237 224 0.95 EP Outlfow Watersheds 13 12 0.92 Lake Mitchell Estimated Estimated 0.85 Purgatory Estimated Estimated 0.85 Red Rock Lake Estimated Estimated 0.90 Rice Marsh Lake 207 196 0.95 Round Lake 105 43 0.41 Lake Smetana 58 54 0.93 Staring Lake Estimated Estimated 0.75 NW Anderson Lake 65 57 0.88 SE Anderson Lake 0 0 0.00 3.4 Application of Rules Watershed rules were in place in the early 1980s, however the key rules are those in place after 1988. From 1988 to 1992, developments were required to design stormwater ponds to provide dead storage based on the 10-year 30-minute event (1.65 inches; Tables 3.2 and 3.3). In 1993, the rules changed and required the pond to have the dead storage of a 2.5 inch 24 hour event. This design is considered a National Urban Runoff Program (NURP) standard and is assumed to provide a 50 to 60% total phosphorus reduction and a 70 to 80% total suspended solids reduction. Table 3 .2.Nine Mile,Riley-Purgatory Bluff Watershed District rules. TP %TSS %Volume % Year Built Reduction Reduction Reduction Notes Pre 1988 0 0 0 Some WQ reduction starting in early to mid 80s 1988-1992 50-60%(1)70-80 %0 Provide dead storage for the 10-year 30 min event (1.65 inches) 1993-2007 50-60%(2)70-80%'2)0 Rules - NURP. Provide dead storage for the 2.5 inch, 24-hr event 'Assumed based on the rule 2Assumed based on NURP standards City of Eden Prairie 18 Final Agency Review Draft Nondegradation Assessment August 2007 Table 3 .3. Lower Minnesota River Watershed District rules TP %TSS %Volume % Year Built Reduction Reduction Reduction Notes Some WQ reduction starting in early to midPre 1988 0 0 0 80s 1988-1992 50-60%(1)70-80%(1)0 Provide dead storage for the 10-year 30 min event (1.65 inches) 1993-2007 50-60%(2)70-80%'2)0 Rules - NURP. Provide dead storage for the 2.5 inch, 24-hr event 'Assumed based on the rule 2Assumed based on NURP standards 3.5 Sump Manholes The City of Eden Prairie maintains over 600 sump manholes in the City.These manholes are cleaned with a vacuum truck on a periodic basis, with cleaning generally occurring annually. The City maintains records of raw material removed from the manholes (Table 3.4).Between 0.8 and 1.6 million pounds of raw material is removed annually from the manholes with an average removal of 1.3 million pounds. Table 3 .4.Volume and estimated mass of material removed from sump manholes in the City of Eden Prairie. Year Cubic Yards Pump ed Pounds Material Removed 1999 410 1,148,000 2000 545 1,526,000 2001 292 817,600 2002 571 1,598,800 2003 526 1,472,800 2004 477 1,335,600 2005 443 1,240,400 Average 466 1,305,600 3.6 Street Sweeping The City of Eden Prairie has a street sweeping program and maintains detailed records of material removed from streets .The City removed between 2 .2 and 4 million pounds of raw material annually between 2003 and 2006 with an average removal of 2.9 million pounds (Table 3.5). Table 3.5.Measured mass of material removed from street sweeping in the City of Eden Prairie. Year Tons Swept Pounds Material Removed 2003 2,028 4,056,000 2004 1,100 2,200,000 2005 1,100 2,200,000 2006 1,700 3,400,000 Average 1,482 2,964,000 City of Eden Prairie 19 Final Agency Review Draft Nondegradation Assessment August 2007 4.0 MODEL RESULTS 4.1 Organization Model results were organized on a receiving water basis with the City's twelve lakes as the focus (Figure 2.1).Model results are presented in for these subwatersheds. Those subwatersheds that drain out of the City or drain to creeks that ultimately drain out of the City without entering a lake were grouped together. The details of the P8 models supplied by the watershed districts were maintained and are provided in the Technical Appendices. 4.2 Load Changes Changes to impervious area, volume, TSS, and TP for the City of Eden Prairie between 1990 and 2020 are presented in Table 4.1. Between 1990 and 2020 the City is expected to add a little less than 2,000 impervious acres resulting in an increased discharge of almost 4,500 acre-feet of water. The increased discharge was predicted to include an additional 1.2 million pounds of TSS and 4,300 pounds of total phosphorus. City of Eden Prairie 20 Final Agency Review Draft Nondegradation Assessment August 2007 TP for the City of Eden Prairie from 1990 to 2020. ti Impervious Area Watershed Area (acres )Flow (ac .ft.er y ear)TSS (lbs p er y ear)TP (lbs p er ear) ID (acres) 1990 2000 2020 1990 2000 2020 1990 2000 2020 1990 2000 2020 Birch Island 201 34 49 51 107 141 146 23,663 32,796 34,199 84 114 118 Bryant Lake 1,443 344 436 497 1,131 1,340 1,469 235,926 293,101 328,716 849 1,038 1,155 Duck Lake 177 41 43 44 111 117 120 27,133 28,674 29,567 93 98 101 Lower Riley Creek 1,176 95 235 291 320 642 778 68,633 156,731 193,222 245 535 656 Lake Riley 580 39 119 177 161 342 473 31,528 81,775 118,124 116 281 400 Lower MN 2,090 273 360 443 826 1,030 1,220 186,882 241,147 293,660 654 834 1,007 Outflow Watersheds 359 141 181 188 379 477 491 95,868 123,125 126,939 323 413 425 Lake Mitchell 661 102 203 207 358 579 586 81,676 141,917 143,664 413 701 710 Purgatory 2,873 663 882 941 1,763 2,270 2,406 440,095 578,401 615,695 1,491 1,947 2,070 Red Rock Lake 1,044 154 279 303 485 770 826 117,673 195,904 211,351 583 956 1,030 Rice Marsh Lake 140 8 29 40 42 89 115 6,334 20,226 27,467 28 71 94 Round Lake 398 95 99 98 271 285 280 63,258 67,007 65,736 317 335 328 Lake Smetana 834 301 393 413 873 1,090 1,134 216,437 277,434 289,462 1,066 1,355 1,412 Staring Lake 4,582 1,165 1,573 1,663 3,141 4,107 4,333 773,190 1,038,725 1,100,526 2,631 3,505 3,708 NW Anderson Lake 218 62 86 97 185 238 261 44,544 59,241 65,560 121 159 175 SE Anderson Lake 7 1 2 2 3 7 7 721 1,671 1,628 2 4 4 SW Anderson Lake 285 57 55 55 186 183 183 43,097 42,278 42,128 118 116 116 TOTAL 17,068 3 ,575 5 ,024 5,510 10 ,343 13 ,708 14 ,828 2 ,456,658 3,380,154 3,687,643 9 ,134 12 ,461 13,509 4.3 Current BMP Treatment The three primary BMPs in the City are: load reductions through the application of development rules; street sweeping and sump manhole maintenance. These BMPs were evaluated to estimate the pollutant removal and volume reduction each were currently providing and could be expected to provide in the future. The reductions were summed to estimate the total amount of pollutant removal or volume reduction, and applied to the load increase resulting from land use change to determine the net change in pollutant load and stormwater volume between 1990 and 2020. 4.3.1 Development Rules To evaluate the impact of application of development rules, each parcel in the city was assigned a treatment level depending on when it was built and the treatment rules that were in place at that time. For each subwatershed, raw and treated TSS and TP loads were calculated for each subwatershed based on land use in 1990, 2000, and 2020. The reduction attributed to development rules was calculated as follows. Say a parcel that was vacant in 1990 generated a 30 pound per year TSS load. After development, it generated a raw load of 100 pounds per year TSS. Treatment rules were applied to the raw post-development load: 100 pounds * 80 percent removal = 80 pounds removed per year. This parcel generated a raw load increase of 70 pounds per year, but treatment resulted in 80 pounds per year TSS removal.Thus development can result in a net decrease in TSS and TP load. Treatment rules have been in place since 1988, so development after 1988 could be assumed to be treated to NURP standards (80 percent removal TSS, 60 percent removal TP). However, as discussed in Section 3.3 above, some development may not have required treatment under the rules.The estimated removal due to development rules was calculated as the raw load increase times the 80 percent NURP removal rate, times the estimated fraction of development built under the rules shown in Table 3.1 Table 4.2. Predicted TSS and TP load increases between 1990 and 2020 and estimated removal due to development rules. Watershed ID Total TSS Increase 1990 -2020 (lbs/ r) Development Rules TSS Removal (lbs/ r) Total TP Increase 1990 -2020 (lb r ) Development Rules TP Removal (lbs/ r) Birch Island 10,536 15,684 34 64 Bryant Lake 92,790 153,323 305 447 Duck Lake 2,434 4,047 8 37 Lower Riley Creek 124,589 188,663 411 476 Lake Riley 86,596 115,654 284 290 Lower MN 106,778 170,689 353 440 Outflow Watersheds 31,071 49,541 102 124 Lake Mitchell 61,989 114,427 296 399 Purgatory 175,600 306,098 579 742 Red Rock Lake 93,678 169,595 447 574 Rice Marsh Lake 21,133 28,467 66 72 City of Eden Prairie 22 Final Agency Review Draft Nondegradation Assessment August 2007 Watershed ID Total TSS Increase 1990 - 2020 (lbs/ r) Development Rules TSS Removal (lbs/ r) Total TP Increase 1990 -2020 (lb r) Development Rules TP Removal (lbs/ r) Round Lake 2,478 4,700 12 18 Lake Smetana 73,025 121,030 346 410 Staring Lake 327,336 493,086 1,077 2,027 NW Anderson Lake 21,016 35,228 55 75 SE Anderson Lake 907 1,448 2 3 SW Anderson Lake -970 921 -3 2 TOTAL 1,230,985 1 ,972,599 4,375 6,198 4.3.2 Sump Manholes The City of Eden Prairie maintains over 600 sump manholes. Much of the volume of material that accumulates in the sump is trash and organic material such as leaves, and sand and sediment particles that are too heavy to become suspended in stormwater as TSS. To estimate the fraction of material removed from sumps that would likely have become a part of the TSS load, three samples of material were collected from sump manholes and analyzed for particle size. Approximately 8.3 percent of the material grains fell into the P8 TSS particle size class distribution (see Table 4.3). It was assumed then that 8.3 percent of the average annual volume of material removed from sump manholes was material that likely would have contributed to the downstream TSS load. To calculate the estimated annual TP removal from sump manholes, the P8 fraction of TP associated with TSS (3,850 mg/kg) was applied to the 5.1 percent that fell into the particle size distribution P0% to P50%. A literature value of 300 mg/kg was applied to the 3.2 percent that fell into the P80% class. The annual average removal of TSS and TP were applied to each subwatershed according to the number of sump manholes in that subwatershed (Table 4.4). Table 4 .3.Particle size breakdown by NURP particle size class for three samples taken from sump manholes in Eden Prairie. NURP %of Sample Particle Class Particle Class Sample 1 Sample 2 Sample 3 Average % P0%0.0 0.0 0.0 0.00 P10%1.1 1.1 6.0 2.73 P30%0.1 0.0 1.6 0.57 P50%0.5 0.5 4.3 1.77 P80%1.0 1.1 7.6 3.23 Total 2.7 2.7 19.5 8.30 Table 4.4. Number of sump manholes and estimated TSS and TP removed annually by subwatershed. Watershed Number of Sump Manholes in Watershed TSS Removal From Sump Manholes (p ounds ) TP Removal From Sump Manholes (p ounds) Birch Island 7 1,180 3 Bryant Lake 52 8,764 22 Duck Lake 4 674 2 Lower Riley Creek 56 9,438 23 Lake Riley 31 5,224 13 City of Eden Prairie 23 Final Agency Review Draft Nondegradation Assessment August 2007 Watershed Number of Sump Manholes in Watershed TSS Removal From Sump Manholes (p ounds) TP Removal From Sump Manholes (p ounds) Lower MN 29 4,887 12 EP Outflow Watersheds 3 506 1 Lake Mitchell 33 5,561 14 Purgatory 112 18,875 47 Red Rock Lake 58 9,775 24 Rice Marsh Lake 14 2,359 6 Round Lake 23 3,876 10 Lake Smetana 18 3,034 8 Staring Lake 198 33,369 83 NW Anderson Lake 3 506 1 SE Anderson Lake 0 0 0 SW Anderson Lake 2 337 1 TOTAL 643 108,365 269 4.3.3 Street Sweeping The City of Eden Prairie has a street sweeping program and maintains detailed records of material removed from streets. As described above in section 4.3.2, three samples of street sweepings were analyzed and an actual particle size distribution developed. Based on that analysis, it is estimated that about 5.5 percent of the volume of street sweepings was of a particle size that fell into the P8 TSS particle size class distribution (see Table 4.5). That percent was applied to the average annual volume of street sweepings removed to obtain an estimate of TSS removal from sweeping, and as above, P8 and literature TP fractions were applied to estimate the volume of TP removed. The annual average removal of TSS and TP was allocated among the watersheds based on the impervious acres in that subwatershed, assuming that the subwatersheds with more impervious acres had more road surface that were swept (Table 4.6). Table 4.5.Particle size breakdown by NURP particle size class for three samples taken from street sweepings in Eden Prairie. NURP %of Sample Particle Class Particle Class Sample 1 Sample 2 Sample 3 Average % P0%0.0 0.0 0.0 0.00 P10%1.6 1.6 1.1 1.43 P30%0.5 0.5 0.0 0.33 P50%2.2 1.7 0.8 1.57 P80%2.7 2.7 1.1 2.17 Total 2.7 6.5 3.0 5.50 Table 4.6. TSS and TP removal as a result of street sweeping in the City of Eden Prairie. Watershed ID Impervious Watershed Area (acres ) TSS Removal (p ounds ) TP Removal (p ounds) Birch Island 40 1,407 3 Bryant Lake 464 13,708 32 Duck Lake 42 1,214 3 Lower Riley Creek 290 8,026 19 Lake Riley 153 4,882 11 Lower MN 494 12,218 28 Outflow Watersheds 205 5,185 12 City of Eden Prairie 24 Final Agency Review Draft Nondegradation Assessment August 2007 Watershed ID Impervious Watershed Area (acres ) TSS Removal (p ounds ) TP Removal (p ounds) Lake Mitchell 175 5,709 13 Purgatory 850 25,954 60 Red Rock Lake 277 8,357 19 Rice Marsh Lake 38 1,103 3 Round Lake 76 2,703 6 Lake Smetana 438 11,391 26 Staring Lake 1,573 45,867 106 NW Anderson Lake 79 2,675 6 SE Anderson Lake 2 55 0 SW Anderson Lake 37 1,517 4 TOTAL 5,233 151,971 352 4.3.4 Volume Estimated volume increases for the major subwatersheds in the City are presented in Table 4.7. Although there is potential for a net loss from evaporation from constructed ponds, no BMPs or loss have been quantified for this study. Table 4 .7. Predicted volume increases in the City of Eden Prairie between 1990 and 2020. Watershed ID Watershed Area (acres ) Total Flow Increase 1990 -2020 (ac: ft. / r) Birch Island 201 39 Bryant Lake 1,443 338 Duck Lake 177 9 Lower Riley Creek 1,176 458 Lake Riley 580 312 Lower MN 2,090 394 Outflow Watersheds 359 112 Lake Mitchell 661 228 Purgatory 2,873 643 Red Rock Lake 1,044 340 Rice Marsh Lake 140 73 Round Lake 398 9 Lake Smetana 834 260 Staring Lake 4,582 1,192 NW Anderson Lake 218 77 SE Anderson Lake 7 4 SW Anderson Lake 285 -4 TOTAL 17,068 4,485 4.3.5 TSS Loading The total predicted increase in TSS loading from 1990 to 2020 was compared to removals by active BMPs in the City to assess compliance with nondegradation. For all of the subwatersheds, annual TSS removals exceeded the estimated increase between 1990 and 2020 (Table 4.8). City of Eden Prairie 25 Final Agency Review Draft Nondegradation Assessment August 2007 Table 4.8. Predicted TSS load increases between 1990 and 2020 in comparison to BMP removals. Total TSS TSS Removal Net Watershed ID Increase 1990 -2020 (lbs/ r) Development Rules (lbs) MH Sump Clean-out (lbs) Street Cleaning (lbs) Removal (-) or Net Increase (+) (lbs) Birch Island 10,536 15,684 1,180 1,407 -7,734 Bryant Lake 92,790 153,323 8,764 13,708 -83,004 Duck Lake 2,434 4,047 674 1,214 -3,500 Lower Riley Creek 124,589 188,663 9,438 8,026 -81,537 Lake Riley 86,596 115,654 5,224 4,882 -39,164 Lower MN 106,778 170,689 4,887 12,218 -81,017 Outflow Watersheds 31,071 49,541 506 5,185 -24,161 Lake Mitchell 61,989 114,427 5,561 5,709 -63,709 Purgatory 175,600 306,098 18,875 25,954 -175,327 Red Rock Lake 93,678 169,595 9,775 8,357 -94,049 Rice Marsh Lake 21,133 28,467 2,359 1,103 -10,797 Round Lake 2,478 4,700 3,876 2,703 -8,801 Lake Smetana 73,025 121,030 3,034 11,391 -62,429 Staring Lake 327,336 493,086 33,369 45,867 -244,986 NW Anderson Lake 21,016 35,228 506 2,675 -17,393 SE Anderson Lake 907 1,448 0 55 -596 SW Anderson Lake -970 921 337 1,517 -3,745 TOTAL 1,230,985 1 ,972,599 108 ,365 151 ,971 -1 ,001,950 4.3.6 TP Loading The total predicted increase in TP loading fro 1990 to 2020 was compared to removals by active BMPs in the City to assess compliance with nondegradation. For all of the subwatersheds, annual TP removals exceeded the estimated increase between 1990 and 2020 (Table 4.9). Table 4.9. Predicted TP load increases between 1990 and 2020 in comparison to BMP removals. Total TP TP Removal Net Watershed ID Increase 1990 -2020 (lbs/ r) Development Rules (lbs) MH Sump Clean-out (lbs ) Street Cleaning (lbs) Removal (-) or Net Increase (+) (lbs) Birch Island 34 64 3 3 -36 Bryant Lake 305 447 22 32 -195 Duck Lake 8 37 2 3 -34 Lower Riley Creek 411 476 23 19 -107 Lake Riley 284 290 13 11 -30 Lower MN 353 440 12 28 -127 Outflow Watersheds 102 124 1 12 -35 Lake Mitchell 296 399 14 13 -130 Purgatory 579 742 47 60 -270 Red Rock Lake 447 574 24 19 -171 Rice Marsh Lake 66 72 6 3 -14 Round Lake 12 18 10 6 -22 Lake Smetana 346 410 8 26 -97 Staring Lake 1,077 2,027 83 106 -1,139 NW Anderson Lake 55 75 1 6 -28 City of Eden Prairie 26 Final Agency Review Draft Nondegradation Assessment August 2007 Total TP TP Removal Net Watershed ID Increase 1990 - 2020 (lbs/ r) Development Rules (lbs) MH Sump Clean-out (lbs) Street Cleaning (lbs) Removal (-) or Net Increase (+) (lbs) SE Anderson Lake 2 3 0 0 -1 SW Anderson Lake -3 2 1 4 -9 TOTAL 4,375 6,198 269 352 -2,444 4.4 Model Sensitivity Because the model is not calibrated and is only used for comparison purposes, it is useful to test the sensitivity of model to selected inputs, especially as we compare model results to real-world measured removals. The first parameter that may affect the results of the model is the selection of the particle file. The current modeling is based on the NURP50 file, which represents the median concentrations from the NURP studies. To assess the potential effects of underestimating runoff concentrations, the Bryant Lake subwatershed was analyzed using both the median runoff concentrations (NURP50) and 90th percentile runoff concentrations (NURP90). Results of the 50th and 90th percentile runs are presented in Table 4.10 and Table 4.11. Even if the actual concentrations were more similar to 90th percentile concentrations for both TSS and TP, the City of Eden Prairie would be meeting the nondegradation requirement. Table 4.10. Bryant Lake subwatershed TSS loading and removals for the 50t h and 90th percentiles of the NURP studies. Total TSS TSS Removal Net Increase Removal (-) or Watershed 1990 - 2020 Development MH Sump Street Net Increase (+) ID (lbs/y r.)Rules (lbs)Clean-out (lbs)Cleaning (lbs)(lbs) Bryant Lake NURP 50 92,790 95,869 8,764 13,708 -25,551 Bryant Lake NURP 90 278,369 312,353 8,764 13,708 -56,456 Table 4.11. Bryant Lake subwatershed TP loading and removals for the 50th and 90th percentiles of the NURP studies. Total TP TP Removal Net Increase Removal (-) or Watershed 1990 - 2020 Development MH Sump Street Net Increase (+) ID (lb r)Rules (lbs)Clean-out (lbs)Cleaning (lbs)(lbs) Bryant Lake NURP 50 306 273 22 32 -21 Bryant Lake NURP 90 647 608 22 32 -15 City of Eden Prairie 27 Final Agency Review Draft Nondegradation Assessment August 2007 5.0 SUMMARY AND PROPOSED BMPS The City of Eden Prairie, in conjunction with the Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts, has been actively managing water quality for the past twenty years. These activities have included developing and enforcing rules to minimize water quality impacts from development; building and maintaining sump manholes throughout the city to collect sediment; and actively sweeping city streets to remove as much material as possible from the impervious surfaces. These activities have been very effective in the mitigation of increased TSS and TP loads from the watershed. The increase in impervious surface between 1990 and 2000 has resulted in increased stormwater runoff volume, and that volume is expected to continue to increase with further development. Volume is difficult to remove from the watershed, and it is unlikely that the City will be able to attain 1988 volume conditions. However, the effects of increased runoff volume can be minimized or mitigated through stream bank and shoreline stabilization programs, infiltration, and rate control. Consequently, the best approach to addressing volume is through aggressive abstraction and mitigation and opportunistic volume control. 5.1 Total Suspended Solids The combination of development rules, manhole cleanout, and street sweeping has proved effective in reducing the volume of total suspended solids to a level well below that estimated to have been contributed in 1988.Most of that removal is a result of application of development rules and other regulations, but almost one-quarter is achieved through the aggressive street maintenance program. Each subwatershed meets the Nondegradation Total Suspended Solids requirement by removing more TSS through regulation and BMPs than the new load generated since 1988 (see Table 4.8). It should be noted that if any future TMDLs for any water resource to which Eden Prairie discharges requires additional TSS load reduction, then the City may be required to remove additional TSS or TP load beyond simply meeting the Nondegradation TSS and TP requirement. 5.1.1 Regulatory Program Development rules will continue to require land-altering activities to provide at least NURP-level removal (80%) of Total Suspended Solids prior to discharge. In accordance with its NPDES permit, the City annually inspects 20 percent of those detention ponds that are publicly-owned or that have been placed under a drainage easement to determine maintenance needs and evaluate whether they continue to perform at the level to which they were designed. City ordinance requires owners of private stormwater facilities to perform regular maintenance and to operate those facilities so they continue to perform at the level to which they were designed. Developer's Agreements specify required maintenance. City of Eden Prairie 28 Final Agency Review Draft Nondegradation Assessment August 2007 5.1.1 Manhole Sump Cleanout This maintenance program removes not only smaller particles that contribute to Total Suspended Solids, but also larger particles of inorganic and organic material that can contribute to downstream clarity and water quality issues as well as obstruct pipes, create sediment deltas at outlets, and aggrade in streams and impair biotic functions. The sumps also collect trash and debris and prevent it from being discharged into downstream waters. To maintain removal efficiencies, this cleanout task has to be conducted regularly. It is a costly activity, requiring significant labor, expensive vacuum equipment, and proper disposal of the removed material from the almost 650 sump manholes in the city. However, as described above, this activity has benefits well beyond assisting in meeting Nondegradation TSS removal requirements.The City will continue to operate and maintain the sump manholes in place throughout the storm sewer system. 5.1.2 Street Sweeping This maintenance program removes not only smaller particles that contribute to Total Suspended Solids, but also larger particles of inorganic and organic material that can contribute to downstream clarity and water quality issues as well as obstruct pipes, create sediment deltas at outlets, and aggrade in streams and impair biotic functions. Street sweeping also improves traffic safety and general aesthetics by removing unsafe or unsightly materials from the streets. The City currently annually contracts for street sweeping once per year -in the spring to remove sand and salt residue from winter de-icing plus any spring leaves and seeds and old organic material .Other street sweeping is performed throughout the year as necessary .The City recently purchased a new street sweeper to perform additional sweeping on a continued basis, weather permitting. Recent research in Wisconsin (Bannerman 2007) indicates that the incremental water quality benefit of increased street sweeping is small unless the frequency of sweeping is very aggressive. Street sweeping practices will be refined to improve the water quality and overall benefit of street sweeping: 1.Spring street sweeping will be performed as early as possible to remove material from the street before the spring rains. 2.Increased street sweeping frequency may be of benefit in sensitive locations ,where there is noticeable aggradation in streams or below outfalls or where a UAA or TMDL indicates that efforts should be maximized to remove pollutant loading .The City will evaluate the potential benefits of a more aggressive schedule of street sweeping in sensitive areas. 5.1.3 Other Activities The volume management activities described in section 5.3 below such as increased infiltration, biofiltration, and runoff volume controls may further reduce TSS and TP loading by pre-treating or reducing the amount of runoff volume conveying TSS and TP to waters. City of Eden Prairie 29 Final Agency Review Draft Nondegradation Assessment August 2007 5.2 Total Phosphorus As with TSS, the combination of development rules, manhole cleanout, and street sweeping has proved effective in reducing the volume of total phosphorus to a level below that estimated to have been contributed in 1988.Most of that removal is a result of application of development rules, but almost 20 percent is achieved through the aggressive street maintenance program. Each subwatershed meets the Nondegradation Total Phosphorus requirement by removing more TP through regulation and BMPs than the new load generated since 1988 (see Table 4.9). It should be noted that if any future TMDLs for any water resource to which land in Eden Prairie drains requires additional TP or TSS load reduction, then the City may be required to remove additional TP or TSS load beyond simply meeting the Nondegradation TP and TSS requirement. 5.2.1 Regulatory Program Development rules will continue to require land-altering activities to provide at least NURP-level removal (60%) of Total Phosphorus prior to discharge. In accordance with its NPDES permit, the City annually inspects 20 percent of those detention ponds that are publicly-owned or that have been placed under a drainage easement to determine maintenance needs and evaluate whether they continue to perform at the level to which they were designed. City ordinance requires owners of private stormwater facilities to perform regular maintenance and to operate those facilities so they continue to perform at the level to which they were designed. Developer's Agreements specify required maintenance. 5.2.2 Manhole Sump Cleanout Phosphorus removal from this activity is calculated as a fraction of the TSS load, representing phosphorus that is either adsorbed to sediment particles or is part of an organic particle that is so small that it is suspended and considered part of the TSS load. This method of calculation ignores the larger organic particles (leaves both whole and shredded, seeds, grass clippings, etc.) that would not become part of the TSS load, but would be captured in the sump. Therefore, the method of calculation probably underestimates the amount of phosphorus reduction that can be achieved through settlement and removal in these sumps. These larger phosphorus sources also negatively impact downstream water quality. To maintain the expected removal efficiencies, this cleanout task has to be conducted regularly. It is a costly activity, requiring significant labor, expensive vacuum equipment, and proper disposal of the removed material from the almost 650 sump manholes in the city. However, as described above, the phosphorus reduction achieved by this activity is probably greater than this analysis would indicate. The City will continue to operate and maintain the sump manholes in place throughout the storm sewer system. 5.2.3 Street Sweeping As with the sump manholes above, this maintenance program removes not only smaller particles that are a fraction of the TSS load, but also larger particles of organic material that can contribute to downstream clarity and water quality issues. Street sweeping also improves traffic safety and City of Eden Prairie 30 Final Agency Review Draft Nondegradation Assessment August 2007 general aesthetics by removing unsafe or unsightly materials from the streets, and reduces the amount of material on the street that can clog catch basin covers and limit street drainage. The City currently annually contracts for street sweeping once per year -in the spring to remove sand and salt residue from winter de-icing plus any spring leaves and seeds and old organic material.Other street sweeping is performed throughout the year as necessary. The City recently purchased a new street sweeper to perform additional sweeping on a continued basis, weather permitting. Recent research in Wisconsin (Bannerman 2007) indicates that the incremental water quality benefit of increased street sweeping is small unless the frequency of sweeping is very aggressive. Street sweeping practices will be refined to improve the water quality and overall benefit of street sweeping: 1.Spring street sweeping will be performed as early as possible to remove material from the street before the spring rains. 2.Increased street sweeping frequency may be of benefit in sensitive locations ,where there is noticeable aggradation in streams or below outfalls or where a UAA or TMDL indicates that efforts should be maximized to remove pollutant loading .The City will evaluate the potential benefits of a more aggressive schedule of street sweeping in sensitive areas. 5.2.4 Other Activities The volume management activities described in section 5.3 below such as increased infiltration, biofiltration, and runoff volume controls may further reduce TP and TSS loading by pre-treating or reducing the amount of runoff volume conveying TP and TSS to waters. 5.3 Volume This report estimates that stormwater volume in the city will increase by about 40 percent between 1990 and 2020, with most of that volume increase occurring between 1990 and 2000. Each subwatershed with the exception of SE and SW Anderson Lakes, Round Lake, and Duck Lake, significantly exceed the Nondegradation Volume Management requirement. Where new volume is expected to be generated as a result of future development or redevelopment ,the regulatory program can be a means to achieve some level of volume management. Best Management Practices in already-developed areas will likely be confined to small volume management practices retrofitted where opportunities arise, and mitigation of water quality -related impacts of volume such as streambank stabilization .The City 's water resources and environmental education programs can also provide information to residential and other property owners on small -scale volume management practices for individual properties. 5.3.1 Regulatory Program Abstraction/Infiltration.Neither the City nor the three watershed districts with land in the city require the infiltration or abstraction of stormwater runoff, although that concept is being City of Eden Prairie 31 Final Agency Review Draft Nondegradation Assessment August 2007 discussed as a potential rule change. Abstraction is the removal of stormwater from runoff, and can include BMPs such as infiltration, evapotranspiration, pervious pavement, and capture and reuse.Most of the annual volume of stormwater runoff is generated by small rain events, so abstraction and infiltration of small events can significantly reduce the amount of annual runoff volume. Precipitation-frequency curves derived from precipitation records at the Minneapolis-St. Paul International Airport can be used to estimate the percent of total annual volume that could be captured through infiltration.About 85 percent of annual stormwater volume is generated from the first one inch of rainfall - storm events of up to one inch, plus the first inch of events greater than one inch. A rule requiring abstraction of the first one inch of rainfall could theoretically reduce new runoff volume by 85 percent. About 80 percent of annual volume is generated from the first three-quarters inch and 65 percent from the first one-half inch of rainfall. Evaluation of Stormwater Infiltration Rules Determined from MSP Precipitation - Frequency Curves 1.00 0.75 0.5"- 65% 0.75" - 80% 1.0"- 85% 0.00 0.0 0.5 1.0 1.5 2.0 Infiltration Storm Depth Rule [in] 2.5 3.0 Figure 5 .1.Annual stormwater volume that could be captured through abstraction/infiltration. (Wenck Associates, Inc. derived from MPCA Minnesota Stormwater Manual Appendix B.) A secondary but important benefit of abstraction is that volume is no longer being contributed to runoff, and is not picking up and transporting pollutants to downstream waters. Research conducted by Prof. Robert Pitt (Pitt 1998) in the City of Milwaukee suggests that 25 percent of the annual total phosphorus load is conveyed in the first one-half inch of rainfall, and 15 percent of the annual TSS load. For the first inch of rainfall, that load is 65 percent of annual TP and 50 percent of annual TSS. In the Twin Cities, 90 percent of all rainfall events are one inch or less. The most common form of abstraction is infiltration. A growing number of watershed management organizations are enacting infiltration rules, with one-half inch infiltration from new impervious surface common. The Ramsey-Washington County Watershed District and Capitol Region Watershed Districts recently enacted a one inch from new impervious surface rule, and the Minnehaha Creek Watershed District is considering one inch as well. The Nine Mile Creek Watershed District is discussing abstraction/infiltration of 0.75 inches, and anticipates considering a rule change in 2008. Following that action the City will adopt an abstraction/infiltration requirement that is consistent with the district requirement. City of Eden Prairie 32 Final Agency Review Draft Nondegradation Assessment August 2007 Adopting an abstraction requirement will reduce the new volume of runoff from developing and redeveloping areas. Eden Prairie soils are generally of soil hydrologic group B, with A soils on the bluffs area. These soils readily infiltrate. There are pockets of less permeable C and D soils, with most of the D soils in the northeast quadrant of the city around Bryant Lake. Most development and redevelopment should be able to successfully incorporate infiltration, although the area around Bryant Lake may require soil amendment to achieve any significant infiltration. An abstraction requirement for new development will only address new volume predicted to occur between its promulgation and 2020 - about 1,120 acre-feet. However, in the very long- term, as existing development redevelops, the new volume generated between 1990 and 2000 and prior will slowly be mitigated as redevelopment and reconstruction occurs. A requirement that required abstraction of three-quarters of an inch could reduce new annual volume by about 80 percent. The projected new stormwater volume between 2000 and 2020 is 1,120 acre-feet. If 80 percent, or 900 acre-feet was abstracted/infiltrated by rule, then the net new stormwater volume during that period would be approximately 220 acre-feet. Soil Management Plan requirement.An assumption in calculating stormwater volume to be captured from an abstraction requirement is that the part of the site that is pervious and infiltrating stormwater pre-construction will be as pervious and infiltrate at least as much stormwater volume post-construction. In reality, construction activities such as mass grading, road and utility construction, and structure construction lead to soil compaction and loss of permeability. To maximize the effectiveness of an infiltration requirement, the City will consider revising its Land Alteration Permit requiring development and redevelopment to submit a Soil Management Plan that details how the developer plans to 1) minimize soil compaction from construction activities, and 2) restore site permeability through actions such as post-construction soil ripping or soil amendment. Encourage Low Impact Development (LID).Low Impact Development (LID), Integrated Management Practices (IMP), and Better site Design principles and practices encourage developers to consider stormwater impacts of new development early in the planning process. The City's zoning code includes provisions for Planned Unit Developments that may vary from strict application of zoning requirements to make it easier to tailor a development to the terrain and minimize stormwater impacts such as new volume. The City should review its zoning code and Planned Unit Development process to consider means such as zoning or development incentives to encourage developers to incorporate these principles to minimize new stormwater volumes and pollutant loading. 5.3.2 Education Program The City has in place an education and outreach program to provide information to various audiences on a wide variety of stormwater management and water quality issues .This program will target both residential property owners and commercial property owners on ways to incorporate small infiltration practices on their property.Small-scale practices such as rain City of Eden Prairie 33 Final Agency Review Draft Nondegradation Assessment August 2007 gardens, conversion of turf to native vegetation, pond and wetland buffers, installation of rain barrels and cisterns, and use of pervious pavement and pavers, can add up to significant water quality and stormwater reductions when broadly applied. The City will also develop targeted information for developers on incorporating Low Impact Development principles and water quality and volume management into development and redevelopment. 5.3.3 Structural Improvements Structural BMPs to manage storm water volume will be constructed as stand-alone projects or incorporated into other projects such as street reconstruction as opportunities arise. These BMPs store and infiltrate or evapotranspirate stormwater at the street, block, or neighborhood scale. The cost per acre-foot for these types of BMPs can be significant as stand-alone projects, but may be more cost-effective when combined with other improvements such as a neighborhood street reconstruction project. These types of BMPs also will have the benefit of further reducing pollutant loading. Where it is difficult or too costly to significantly reduce new stormwater volume, downstream water resources will be protected from adverse effects through restoration and stabilization projects. Infiltration basins.An infiltration basin is a shallow, vegetated basin designed to hold and infiltrate stormwater. Some evapotranspiration also occurs. Infiltration basins can have a significant ongoing maintenance cost. Over time sediment discharged into the basins accumulates and reduces the infiltration capacity.This sediment must be removed periodically and permeability restored through soil ripping, soil amendment, etc. Constructed wetlands.Constructed wetlands can decrease stormwater volume through evapotranspiration from wetland vegetation as well as evaporation from open water stored in the wetland. Underground infiltration.New technologies are available to construct infiltration devices under large paved areas such as parking lots or streets. These use bottomless underground chambers constructed on permeable bedding material to store and infiltrate runoff. There is an ongoing annual cost to remove and dispose of accumulated material from the device. Streambank stabilization.The new volume of storm water generated through land use change is conveyed through the system of lakes, wetlands, and small channels into the major streams that drain the City: Riley Creek, Purgatory Creek, Nine Mile Creek, and to a lesser extent, Bluff Creek. This additional volume increases peak flow rates and elevations in the streams, and has the potential to destabilize and erode streambanks. The increased peak flows and streambank erosion also may stress biological communities in the streams. These adverse impacts can be mitigated by strengthening streambanks and restoring areas of existing erosion, as well as considering structural amendments to the stream channel such as rock vanes.Habitat lost to past impacts can be mitigated with this restoration by revegetating streambanks, adding step pools, and enhancing substrate. City of Eden Prairie 34 Final Agency Review Draft Nondegradation Assessment August 2007 The City and the watershed districts have performed general inventories of the major streams to identify areas of existing erosion. The City will work in partnership with the watershed districts to undertake a program of stream restoration. These projects would range from simple spot repairs of streambanks to potential total restoration of the stream. These projects should combine both stabilization and habitat enhancement. The cost of stream and shoreline restoration can vary depending on the extent of existing erosion, access to the site, and whether easements would be required. In some cases both streambank and in-stream restoration may be required to restore stability and enhance habitat that has been degraded by sedimentation. 5.3.4 Nonstructural Improvements Reforestation.Urban trees are an integral part of the storm water management system. Trees intercept rain and snow fall, storing event volume for later evaporation. Trees also use surface storage for transpiration, removing additional stormwater volume from the stormwater system. Trees have other benefits as well. Trees increase property values, provide habitat, take in CO2 and release oxygen, enhance neighborhood aesthetics, and decrease home heating and cooling costs.The City recognizes this value by requiring, by ordinance, replacement of trees lost to construction or land alteration. Numerous studies have been conducted estimating the volume of rainfall that trees intercept (for example, Xiao et al 2000, McPherson et al 2005a and b). This annual volume is dependant on the type and species of tree, and whether the tree is isolated, such as an urban street tree, or part of a forest canopy. For example, evergreen trees can intercept and store more stormwater than deciduous trees because their narrow leaves provide a greater leaf surface area. The volume also depends on the intensity of the storm, with less intense events resulting in more interception. On average, however, literature suggests that an isolated deciduous tree can intercept approximately 25 percent of the annual volume of rainfall that falls upon it. Combined with the daily water use for transpiration (Wullschleger 1998), it is estimated that a single mature deciduous tree can evapotranspirate 2,000 - 3,000 gallons of stormwater per year. A coniferous tree can evapotranspirate an even greater amount. It is estimated that about 10,000 trees could evapotranspirate about 100 acre-feet of stormwater volume. The City will evaluate a reforestation program to reduce the amount of rainfall that runs off the landscape.With approximately 10,500 single family detached units and another 4,000 single family attached units, a goal of planting at least one tree per single family unit could, as the trees mature, provide about 150 acre-feet of stormwater volume management. Additional reforestation in commercial and industrial areas, parks, schools, and other public and open spaces will provide additional volume management benefits. City of Eden Prairie 35 Final Agency Review Draft Nondegradation Assessment August 2007 6.0 SWPPP MODIFICATIONS The following are the proposed modifications to the City of Eden Prairie SWPPP to address the findings of this analysis. 6.1 Total Suspended Solids The City currently meets the Total Suspended Solids requirement.Modifications to the SWPPP are confined to some refinement of the BMPs for those activities that reduce TSS. 6.1.1 Nonstructural Improvements Development rules will continue to require land-altering activities to provide at least NURP-level removal (80%) of Total Suspended Solids prior to discharge. BMP 4a-1 Construction Site Runoff Control and by reference BMP 5b-1 Post-Construction Site Runoff Control will be revised to provide for amendment of local controls and the local water management plan to specify this as a minimum level of pollutant removal performance. 6.1.2 Manhole Sump Cleanout To maintain removal efficiencies, this cleanout task has to be conducted regularly. BMP 6b-2 Annual Inspections and BMP 6b-5 Inspection Followup describe the actions the City will take to inspect these sump manholes and perform necessary maintenance. No modifications are necessary to the SWPPP to adequately document these actions, however, SWPPP narrative will highlight that these facilities are an important component of the pollutant removal system. 6.1.3 Street Sweeping Increased street sweeping frequency may be of benefit in sensitive locations, where there is noticeable aggradation in streams or below outfalls or where a UAA or TMDL indicates that efforts should be maximized to remove pollutant loading. BMP 6a-2 Street Sweeping will be revised to add an evaluation of locations where additional street sweeping would be most effective, such as areas that drain to Impaired Waters or where there are active swimming beaches. Based on that evaluation the City may perform additional sweeping in those sensitive areas. 6.1.4 Other Activities The volume management activities described in section 5.3 above such as increased infiltration, biofiltration, and runoff volume controls may further reduce TSS loading by pre-treating or reducing the amount of runoff volume conveying TSS to waters. BMP 5a-1 Post Construction City of Eden Prairie 36 Final Agency Review Draft Nondegradation Assessment August 2007 Structural and Nonstructural BMPs will be amended to incorporate these practices into city construction projects. 6.2 Total Phosphorus The City currently meets the Total Phosphorus requirement.Modifications to the SWPPP are confined to some refinement of the BMPs for those activities that reduce TP. 6.2.1 Regulatory Program Development rules will continue to require land-altering activities to provide at least NURP-level removal (60%) of Total Phosphorus prior to discharge. BMP 4a-1 Construction Site Runoff Control and by reference BMP 5b-1 Post-Construction Site Runoff Control will be revised to provide for amendment of local controls and the local water management plan to specify this as a minimum level of pollutant removal performance. 6.2.2 Manhole Sump Cleanout To maintain removal efficiencies, this cleanout task has to be conducted regularly. BMP 6b-2 Annual Inspections and BMP 6b-5 Inspection Followup describe the actions the City will take to inspect these sump manholes and perform necessary maintenance. No modifications are necessary to the SWPPP to adequately document these actions, however, SWPPP narrative will highlight that these facilities are an important component of the pollutant removal system. 6.2.3 Street Sweeping Increased street sweeping frequency may be of benefit in sensitive locations, where there is noticeable aggradation in streams or below outfalls or where a UAA or TMDL indicates that efforts should be maximized to remove pollutant loading. BMP 6a-2 Street Sweeping will be revised to add an evaluation of locations where additional street sweeping would be most effective, such as areas that drain to Impaired Waters or where there are active swimming beaches. Based on that evaluation the City may perform additional sweeping in those sensitive areas. 6.2.4 Other Activities The volume management activities described in section 5.3 above such as increased infiltration, biofiltration, and runoff volume controls may further reduce TP loading by pre-treating or reducing the amount of runoff volume conveying TP to waters. BMP 5a-1 Post Construction Structural and Nonstructural BMPs will be amended to incorporate these practices into city construction projects. City of Eden Prairie 37 Final Agency Review Draft Nondegradation Assessment August 2007 6.3 Volume The City will work cooperatively with the three watershed districts with land in the city to coordinate regulatory volume management BMPs with watershed district rules. 6.3.1 Regulatory Program Abstraction requirement.BMP 4a-1 Construction Site Runoff Control and by reference BMP 5b-1 Post-Construction Site Runoff Control will be revised to provide for review and amendment of local controls and the local water management plan to evaluate and implement an abstraction/infiltration requirement for new development and redevelopment that is consistent with watershed district requirements. Soil Management Plan requirement.BMP 4a- 1 Construction Site Runoff Control and by reference BMP 5b- 1 Post-Construction Site Runoff Control will be revised to provide for review and amendment of local controls and the local water management plan to evaluate and implement a soil management plan requirement for new development and redevelopment. Evaluate regulatory means to encourage Better Site Design.BMP 5b-1 Post-Construction Site Runoff Control will be revised to provide for a review of City Ordinances and procedures to identify means such as zoning or development incentives to encourage developers to incorporate Low Impact Development (LID), Integrated Management Practices (IMP) or Better Site Design principles to minimize new stormwater volumes and pollutant loading. 6.3.2 Education Program The City undertakes an education and outreach program for various audiences on a wide variety of stormwater management and water quality issues. These are described in various BMPs implementing Minimum Measure 1 :Public Education and Outreach. These BMPs adequately generally describe the education and outreach program. Specific topics to be covered in these activities vary from year to year .The annual list of topics will include information on small practices for water quality and volume management such as rain gardens, conversion of turf to native vegetation ,installation of rain barrels and cisterns, and use of pervious pavement and pavers.Topics will also include developer education regarding stormwater management. 6.3.3 Structural Improvements Structural Projects.Structural BMPs will be constructed as stand-alone projects or incorporated into other projects such as street reconstruction as opportunities arise. The highest need is for the reduction of new stormwater volume generated since 1988. Most structural volume-management improvements are not cost-effective as stand-alone projects, but may be more cost-effective if they can be incorporated into other projects such as street reconstruction. BMP 5a-1 Structural and Nonstructural BMPs will be revised to incorporate pollutant loading and volume management BMPs on city projects. City of Eden Prairie 38 Final Agency Review Draft Nondegradation Assessment August 2007 Mitigation Projects.Where it is difficult to significantly reduce new stormwater volume, downstream water resources can be protected from adverse effects through restoration and stabilization projects.BMP 5a-1 Structural and Nonstructural BMPs will be revised to incorporate development of a stream and shoreline restoration program to mitigate past erosion, enhance habitat, and prevent future erosion. This program will include city or watershed district projects, and a grant program to provide assistance to property owners in completing such projects. 6.3.4 Nonstructural Improvements Reforestation.BMP 5a-1 Structural and Nonstructural BMPs will be revised to include a goal to provide opportunities for resident to purchase or plant trees for increased stormwater abstraction. City of Eden Prairie 39 Final Agency Review Draft Nondegradation Assessment August 2007 6.4 Proposed Revisions to SWPPP BMPS Proposed additions to the City's May 2006 approved Stormwater Pollution Prevention Program (SWPPP) BMPs are shown underlined, proposed deletions are shown with a strikeout. BMP Summary Sheet MS4 Name:City of Eden Prairie Minimum Control Measure:4-CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Unique BMP Identification Number:4a-1 *BMP Title:Ordinance or other Regulatory Mechanism Part V. G.4.a. Permit Description :You must select and implement a program of appropriate BMPs and measurable goals for this Minimum Control Measure consisting of, at a minimum: An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law. *BMP Description: Revise the existing erosion control ordinance to address the requirements established in the stormwater permit regarding construction site stormwater runoff control and enforcement.Model ordinances provided by the Minnesota Pollution Control Agency and the Metropolitan Council will be evaluated during the ordinance review.Watershed District and Hennepin County standards and policies will be incorporated as necessary. Location(s) in SWPPP of detailed information relating to this BMP: Section 5.0 *Measurable Goals: Net appheable BMP is Erosion control ordinance revision was completed for the stormwater permitting process.The City will amend the ordinance to provide TSS and TP removal performance standards, an abstraction/infiltration requirement, and a soil management plan requirement where reasonable and practical. *Timeline/Implementation Schedule: The erosion control ordinance was revised in 2006 and enforcement is currently ongoing. The City Code section is now titled "Land Alteration, Tree Preservation and Stormwater Runoff Management." Amendments to the ordinance will be evaluated in 2008 and incorporated in 2009. Specific Components and Notes: •Financial security requirements for sites requiring a Land Alteration Permit •Right of entry provision •Construction site waste control •Site erosion control guidelines for compliance •Inspection program with penalties for non-compliance •Site plan review procedures, including establishment of performance bond requirements *Responsible Party for this BMP: Department:Public Works Name:Leslie A. Stovring Phone:952-949-8327 E-mail:lstovrin @g edenprairie.org *Indicates a REQUIRED field. Failure to complete any required field will result in rejection of the application due to incompleteness. City of Eden Prairie 40 Final Agency Review Draft Nondegradation Assessment August 2007 BMP Summary Sheet MS4 Name:City of Eden Prairie Minimum Control Measure:5-POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Unique BMP Identification Number:5a-1 *BMP Title:Development and Implementation of Structural and/or Non- structural BMPs Part V. G. 5. a.Permit Description :You must also select and implement a program of appropriate BMPs and measurable goals for this Minimum Control Measure consisting of, at a minimum: Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community. *BMP Description: The City will consider structural (such as wet detention ponds) and non-structural (such as grassy swales) stormwater management techniques for managing post-construction stormwater runoff. Construction of stormwater detention to protect receiving waters such as lakes, wetlands, ponds and creeks will be incorporated within development and redevelopment sites. Guidelines for Integrated Management Practices (IMPs) will be used where practical. BMPs for neighborhood roadway reconstruction projects and other city projects will be incorporated as needed or as practical. The City will incorporate structural and nonstructural techniques to meet nondegradation requirements. This would include items such as stream restoration projects to mitigate existing erosion, enhance habitat, and help prevent future erosion or development of a grant program for small-scale infiltration practices such as rain garden construction, tree plantings or shoreline restoration for homeowners. Location (s) in SWPPP of detailed information relating to this BMP: Section 5.0 *Measurable Goals: •Evaluate design guidelines annually •Investigate new post construction BMP techniques as available or as needed •Include inspection of stormwater management BMPs in the review guidelines for site inspections (i.e. building inspections) •Require Developers to inspect BMPs as part of the Land Alteration Permit application •Incorporate pollutant loading and runoff management BMPs into city construction projects as needed or as reasonable and practical. •Undertake stream restoration projects to repair erosion, enhance habitat, and prevent future erosion where reasonable and practical. •Evaluate need to initiate a grant program for small restoration or infiltration projects. •Provide opportunities for residents to purchase or plant trees for increased stormwater infiltration. *Timeline/Implementation Schedule: Review BMP strategies for post-construction as needed Specific Components and Notes: •Stormwater detention construction requirements •Requirement for consideration of infiltration practices (such as rain water gardens, grassy swales, bioretention or filter strips) as practical •Comprehensive Wetland Protection and Management Plan / Wetland Protection Ordinance •Local Drainage Plan Update •Local Water Management Plan •Conservation Area development / Open Space Protection / Conservation Easement requirement guidelines City of Eden Prairie 41 Final Agency Review Draft Nondegradation Assessment August 2007 *Responsible Party for this BMP: Department:Public Works Name:Leslie A. Stovring Phone:952-949-8327 E-mail:lstovring@e&nprairie.org *Indicates a REQUIRED field. Failure to complete any required field will result in rejection of the application due to incompleteness. City of Eden Prairie 42 Final Agency Review Draft Nondegradation Assessment August 2007 BMP Summary Sheet MS4 Name:City of Eden Prairie Minimum Control Measure:5-POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Unique BMP Identification Number:5b-1 *BMP Title:Regulatory Mechanism to Address Post Construction Runoff from New Development and Redevelopment Part V. G. 5.b. Permit Description :You must also select and implement a program of appropriate BMPs and measurable goals for this Minimum Control Measure consisting of, at a minimum: Use of an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under law. *BMP Description: Develop a post-construction ordinance to establish guidelines for post-construction runoff control for development and redevelopment sites. The City will develop an ordinance or other regulatory local control to encourage incorporation of Low Impact Development (LID) practices, Integrated Management Practices (IMPs) or Better Site Design principals into developments. Location (s) in SWPPP of detailed information relating to this BMP: Not applicable - completed with BMP 4a-1. See Section 5.0 for more information. *Measurable Goals: Review ordinances to determine if LID or IMPs incentives could be incorporated. *Timeline/Implementation Schedule: Complete ordinance review in 2008. Consider ordinance revisions in 2009 if needed. Specific Components and Notes: •Local Water Management Plan criteria •Low Impact Development and Integrated Management Practice to be incorporated where practical •Site stabilization, including vegetative cover and structural stabilization measures, for disturbed areas *Responsible Party for this BMP: Department:Public Works Name:Leslie A. Stovring Phone:952-949-8327 E-mail:lstovrin @g edenprairie.org *Indicates a REQUIRED field. Failure to complete any required field will result in rejection of the application due to incompleteness. City of Eden Prairie 43 Final Agency Review Draft Nondegradation Assessment August 2007 BMP Summary Sheet MS4 Name:City of Eden Prairie Minimum Control Measure:6-POLLUTION PREVENTION/GOOD HOUSEKEEPING Unique BMP Identification Number:6a-2 *BMP Title:Street Sweeping** *BMP Description: The City uses mechanical street sweepers to remove sediment and debris from road, parking lot and trail surfaces within the City's operational control to minimize the amount of materials received by the storm sewer system. The City also owns one vacuum sweeper for use when needed. The City plans to continue the current system of street and parking lot sweeping which includes training, storage, disposal and scheduling of sweeping. Location (s) in SWPPP of detailed information relating to this BMP: Section 5.0 *Measurable Goals: •All City streets, parking lots, sidewalks and trails will be swept a minimum of once annually •Amount of street sweepings material collected annually •Development and distribution of street sweeping educational materials for private businesses and homeowner's associations completed •Evaluate street sweeping research and equipment upgrades as information becomes readily available. •Evaluate existing data on lakes and creeks that are on the Impaired Waters List to determine which water bodies could potentially benefit from additional sweeping. •Perform additional street sweeping in areas that are on the impaired Waters List or provide active swimming beaches as needed. *Timeline/Implementation Schedule: •Amount of street sweepings materials collected will be reported annually. •Information regarding the importance of keeping our streets clean will be included in the utility bill insert for 2007. •Street sweeping educational materials to be developed in 2007. •Street sweeping educational materials to be distributed in 2008. •Complete review of impaired Waters List to determine areas which could potentially benefit from increased sweeping in 2008. Specific Components and Notes: •Storm water system maintenance training (BMP 6a-1 and BMP lb-6) •Sweeping schedule •Disposal site evaluation and location •Sweeper maintenance schedule •Debris and litter collection program *Responsible Party for this BMP: Department:Public Works - Street Maintenance Name:Tom Tesch Phone:952-949-8534 E-mail:ttesch@edenprairie.org *Indicates a REQUIRED field. Failure to complete any required field will result in rejection of the application due to incompleteness. City of Eden Prairie 44 Final Agency Review Draft Nondegradation Assessment August 2007 References Bannerman, R.T. et al. 1993. Sources of pollutants in Wisconsin storm water.Wisconsin Department of Natural Resources.Water, Science and Technology. 28 (3-5): 241-259. Bannerman, R.T. 2007. Reducing the uncertainty in the calculations of street cleaner performance for Wisconsin municipalities.Wisconsin Department of Natural Resources. Unpublished research. Frelich, Lee E. 1992. Predicting dimensional relationships for Twin Cities shade trees .St. Paul ,MN: University of Minnesota ,Department of Forest Resources. McPherson, G. et al. 2005a. City of Minneapolis, Minnesota Municipal Tree Resource Analysis. Davis, CA: Center for Urban Forest Research. << http://www.na.fs.fed.us/urban/treespavusback/voll/Minneapolis%20Benefit- Cost%20Analysis.pdf>> McPherson, G. et al. 2005b. Municipal forest benefits and costs in five US cities. Journal of Forestry. December 2005: 411-416. Minnesota Department of Transportation. 2005. The cost and effectiveness of stormwater management practices. Report No. MN/RC - 2005-23. St. Paul, MN: MnDOT Research Services Section. Minnesota Pollution Control Agency. 2000. Protecting Water Quality in Urban Areas. St. Paul, MN. <<hllp://www.pca.state.mn.us/watg^r/pubs/sw-bmpmanual.html>> Minnesota Pollution Control Agency. 2006. Minnesota Stormwater Manual. St. Paul, MN. <<http://www.pca. state.mn.us/water/stormwater/stormwater-manual.html>> Obermeyer, B. Riley-Purgatory Creek-Bluff Creek and Nine Mile Creek Watershed District Engineer. Pers. corresp. 6/8/06, 7/12/06 Pitt ,Robert E .April 29-30, 1998 .Course notes presented at the workshop: Storm Water Quality Management through the Use of Detention Basins. Earl Brown Continuing Education Center, Univ.of Minnesota,St. Paul, Minn. Pitt, R., J. Lantrip, and R. Harrison. 1999. Infiltration through disturbed urban soils and compost-amended soil effects on runoff quality and quantity. Report No. EPA/600/ R-00/016 US EPA. National Risk Management Research Laboratory, Cincinnati, OH. USEPA. 1999. Preliminary data summary of urban storm water best management practices. Report No. EPA-821- R-99-012. Walker, William. 2007. P8 Urban Catchment Model, Windows Version 3.1. << http://wwwalker.net/p8/>>. Wullschleger, S. D., F.C.Meinzer ,and R.A. Vertessy. 1998. A review of whole-plant water use studies in trees. Tree Physiology. 18:499-512. Xiao, Q., et al .2000 .Winter rainfall interception by two mature open -grown trees in Davis, California. Hydrological Processes .14:763-784. Xiao, Q., et al. 2000. A new approach to modeling tree rainfall interception. Journal of Geophysical Research. 105(D23):29,173-29,188. City of Eden Prairie 45 Final Agency Review Draft Nondegradation Assessment August 2007 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 21, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.D. Police Department Property Disposition Services Agreement Chief Rob Reynolds Requested Action Move to: Authorize the execution of the agreement with PropertyRoom.com. Synopsis The Police Department and Facilities Division are requesting approval to enter into an agreement with PropertyRoom.com to manage the disposal of abandoned, seized and obsolete city property. Background The Police Department intends to use PropertyRoom.com to dispose of abandoned and seized property it has accumulated. The Facilities Division intends to use PropertyRoom.com to dispose of excess and recycled furniture, obsolete city equipment. PropertyRoom.com is an on-line auction service that will list property for sale on behalf of the City. Proceeds from property sales are shared by the City and PropertyRoom.com. Attachment Agreement PROPERTY DISPOSITION SERVICES AGREEMENT PropertyRoom .com, Inc., a Delaware corporation ("PropertyRoom "),enters into this agreement (the "Agreement '),with the customer identified below (the "Owner")for the auction and disposition of personal property (the "Disposition Services "),in accordance with the Terms and Conditions and Addenda ,if any ,attached hereto and listed below. Beginning (the "Start Date") Owner engages the Disposition Services of PropertyRoom.This Agreement will terminate on , (the "Termination Date"),or at such other time as provided herein. OWNER INFORMATION: [Owner Name] [Address] [Phone] SCHEDULES ,SUPPLEMENTS AND OTHER ATTACHMENTS: (Mark only if included) Terms and Conditions yes Addendum No THIS AGREEMENT INCLUDING ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE ATTACHED TERMS AND CONDITIONS ,AND ALL OTHER ATTACHMENTS INDICATED IN THE BOX ABOVE, IS THE PARTIES 'ENTIRE AGREEMENT AND CANNOT BE MODIFIED EXCEPT IN WRITING BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. [Legal Name o f Owner] EXECUTED on the date(s) indicated below: PropertyRoom, Inc. By:By: [N ame an d it e By: By: By: Date: PropertyRoom .com, Inc. 26421 Crown Valley Parkway, Suite 200 Mission Viejo, California 92691 Phone: 800-799-2440 Federal Tax ID 86-0962102 [Name and Title] ame an i e [Name and Title] Rev 1 /7/2006 Page 1 of 4 TERMS AND CONDITIONS 1.Property to be Sold.From time to time, Owner will designate items of personal property (the "Property") that it desires to provide to PropertyRoom for Disposition Services. PropertyRoom retains the right to accept or reject certain items in its sole discretion. 2.Title.Owner shall retain legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with this Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property.Owner appoints PropertyRoom as its attorney-in-fact to sign any and all documents necessary to assign to purchasers of Property all of Owner's right, title and interest in and to Property sold or disposed. All cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property (collectively the "Proceeds") belong to Owner, subject to PropertyRoom's right to PropertyRoom's Net Proceeds and funds attributable to Credit Card Costs and other transaction costs.Owner's Property shall, at all times before sale or disposition, be subject to the direction and control of Owner. 3.Method of Selling Property .PropertyRoom will, on Owner's behalf, list Property for sale by auction to the public on the World Wide Web of the Internet on one or more domain names selected by PropertyRoom. To the extent that any Property is not sold by auction, PropertyRoom may, in any commercially reasonable manner selected by PropertyRoom, dispose of Property.PropertyRoom will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner.PropertyRoom will be responsible for all phases of submitting the Property for auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time a Product will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting all purchaser information (such as purchaser's name, billing address, shipping address, and credit card information); approving purchasers' credit card purchase transactions; and collecting auction proceeds for completed sales from purchasers. PropertyRoom shall use its best efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PropertyRoom shall sell and dispose of all Property "as is"without any liability to the Owner. PropertyRoom is solely responsible for identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. 4. Allocation of Sales Proceeds. a.The total amount paid by the purchaser shall be called the "Sales Price". The Sales Price shall include the winning bid amount (the "Winning Bid") and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by the purchaser. b. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75% of the portion, if any, of the Winning Bid that exceeds $1,000. From this amount, the owner's pro rata share of transaction fees, if any, assessed by the credit card processor ("Credit Card Costs") will be deducted. c.Credit Card Costs will be borne by Owner and PropertyRoom in proportion to the percentage of the revenue credited to the parties for each underlying transaction. d. Amounts received by the Owner will be called "Owner's Net Proceeds". The following example illustrates how proceeds of a sale are to be allocated.Assume an item of Property sells at auction for a Winning Bid of $100; the buyer pays shipping and handling of $10, insurance of $2, and sales tax of $6. The buyer pays the Sales Price of $118.00 by credit card, and the Credit Card Costs are 2% of the Sales Price. The Credit Card Cost is therefore $2.36 ($118 x .02). The Owner and PropertyRoom each share 50% of the underlying Winning Bid, therefore Credit Card Costs are also shared equally ($1.18 each). The Owner's Net Proceeds are $48.82 ($50.00 less $1.18). 5.Payment Terms. Not less than once every month, PropertyRoom will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month.Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold.With each payment of Owner's Net Proceeds, PropertyRoom will make available to Owner a detailed report setting forth the following information for the immediately preceding month: (i) the completed sales during the prior month, including the total amount of related proceeds collected, the Owner's and PropertyRoom's share of Credit Card Costs, the Owner's Net Proceeds; (ii) other dispositions of Property during the month; (iii) the Property, if any, inventoried by PropertyRoom at the end of the month. 6.PropertyRoom's Obligations Concerning Property In Its Possession .With respect to Property in PropertyRoom's possession: (i) PropertyRoom will exercise due care in the handling and storage of any Property; (ii) Page 2 of 4 6/12/02 PropertyRoom shall keep the Property free of liens, security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; (iii) PropertyRoom shall sign and deliver to Owner any UCC-1 financing statements or other documents reasonably requested by Owner; (iv) PropertyRoom shall obtain and maintain insurance in an amount (determined by PropertyRoom) not less than the replacement value of Property in its possession. The insurance will cover the Property against fire, theft, and extended coverage risks ordinarily included in similar policies. PropertyRoom shall give Owner a certificate or a copy of each of the upon Owner's request. 7.Owner's Obligations .Owner will use its best efforts to provide to PropertyRoom such Property as becomes available for sale to the public.Owner will complete paperwork reasonably necessary to convey custodial possession of the item of property to PropertyRoom, including a written manifest or list that describes the item of Property in sufficient detail for identification.Owner agrees that it will not provide Property that is illegal or hazardous, including but not limited to explosives, firearms, counterfeit or unauthorized copyrighted material ("knock-offs"), poisons or pharmaceuticals. 8.Restrictions on Bidding .PropertyRoom and its employees and agents may not directly or indirectly bid for or purchase auctioned Property on the PropertyRoom web site. 9.Representations and Warranties of Owner .Owner hereby represents, warrants and covenants as follows: (i) Property delivered to PropertyRoom is available for sale to the general public without any restrictions or conditions whatever; and (ii) Owner has taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the Property to purchasers (the "Conditions Precedent"). 10.Books and Records .PropertyRoom will keep complete and accurate books of account, records, and other documents with respect to this Agreement (the "Books and Records") for at least three years following expiration or termination of this Agreement.Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner's expense, at the location where the Books and Records are regularly maintained, during normal business hours. 11. Term and Termination .Unless terminated earlier ,the term of this Agreement will begin on the Start Date and terminate on the Termination Date .This Agreement may be terminated if there is a breach by either party of any obligation ,representation or warranty contained in this Agreement ,upon thirty days prior written notice to the other party unless the breach is cured within the thirty day period ,provided ,however, if the breach is not capable of being cured within thirty days ,the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty day period and proceeds diligently thereafter .The written notice will specify the precise nature of the breach. The rights of the parties to terminate this Agreement are not exclusive of any other rights and remedies available at law or in equity ,and such rights will be cumulative .The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies .Notwithstanding any termination by either party of this Agreement ,PropertyRoom will continue to remit amounts due to Owner under this Agreement in connection with any sales made before the effective date of the termination .At the time of termination ,any unsold inventory shall continue to be auctioned by Property Room or returned to Owner,at owner 's election and cost. 12. Indemnification .Subject to the limitations specified in this Section 12, each party will indemnify ,hold harmless and defend the other party and its agents and employees from and against any and all losses, claims ,damages, liabilities, whether joint or several, expenses (including reasonable legal fees and expenses ),judgments ,fines and other amounts paid in settlement ,incurred or suffered by any such person or entity arising out of or in connection with (i) the inaccuracy of any representation or warranty made by the party hereunder , (ii)any breach of this Agreement by the party ,or (iii) any negligent act or omission by the party or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction of the other party. 13. Limitations on Liability .UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 12. LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER IN THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT Rev 1/7/2006 Page 3 of 4 LIMITED UNDER THIS AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNER 'S FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14.Notices.Any notice under this Agreement must be in writing. Initially the addresses of the parties will be as follows: (i) If to PropertyRoom:PropertyRoom.com, Inc, Attn:Steven Lupinacci, President, 26421 Crown Valley Parkway, Suite 200, Mission Viejo, California 92691; and (ii) If to Owner: At the address stated below Owner's Signature block on the first page of this Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any other address by at least ten days' written notice to the other party. 15. Severability.Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 16. Complete Agreement .This Agreement and any related documents delivered concurrently herewith, contain the complete agreement between the parties relating to the subject of this Agreement and supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may be related to the subject matter hereof in any way. 17. Attorneys'Fees and Legal Expenses .If any proceeding or action is brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 18. Further Assurances .PropertyRoom and Owner will each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by this Agreement and to account for and document those activities. 19. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. 20. Relationship of the Parties .The relationship created hereunder between Owner and PropertyRoom will be solely that of independent contractors entering into an agreement.No representations or assertions will be made or actions taken by either party that could imply or establish any agency, joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of this Agreement.Except as expressly provided in this Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf of the other, to any person or entity.Whenever PropertyRoom is given discretion in this Agreement, PropertyRoom may exercise that discretion solely in any manner PropertyRoom deems appropriate. 21. Force Majeure .Neither party will be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other party promptly of the occurrence of any Force Majeure and carry out this Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of this Agreement. 22. Counterparts .This Agreement may be signed in any number of counterparts. Rev 1/7/2006 Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION:Consent Calendar August 21, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.E. Randy L. Slick Grading Permit for the Liberty Plaza Public Works / Engineering Project. Requested Action Move to:Authorize issuance of a grading permit for a temporary material stockpile to the Bainey Group for the proposed Liberty Plaza Project. Synopsis The Bainey Group is requesting City Council approval for a grading permit for a temporary stockpile on the Liberty Plaza Project located at 6901 Flying Cloud Drive. The request consists of temporarily stockpiling 30,000 cubic yards of material on the proposed site. Background Information The proposed 30,000 cubic yard stockpile would be used for future soil corrections associated with the proposed Liberty Plaza office building and parking ramp. The proximity of the available material at the Wilson Ridge Office Project makes good use of the excess material. The stockpile would be located north of the existing driveway, in the turf area, avoiding impacts to the existing SuperValu parking lot. Erosion control measures incorporated into the stockpile grading activity include: perimeter silt fence, rock construction entrance, inlet protection and soil stabilization when stockpile is complete. It is anticipated that use of the stockpile material will occur by the end of this construction season. Attachment Drawing 02007 Weeteaod P,Ofee,Ionol seMoee, Inc Call 48 HoOre before dlgging: GOPHER STATE ONE CALL T01. City A.651-454-0002 Mn. Tall Free 1-800-252-1166 Erosion Control Notes OlE P10mro µ: ENV nG i 1 10J61181 ao -BxB WxwB BmRM WA ,w - MAV - - OF THE I_THE ^^ SEV ena B w TO ^"x "- AN. ^ --lI 6N m16 BY iDraE 01065 THE CONTRACTOR'S80 wm^"eninns amnnons na wrmue mnauxwr me 05610 UK. nc,E 11E RESP..NUTY In l ALL NPLL =A- As REP.OD ro PREVENT E 11 AR0 THEO_T. OF tOU1RACTaR'9 MEmaD9 AS DEOED Fli TO PROTECT PRDP.tt AEE1 NPROWDIw I.N. A.,LT AfFEC1FD AREAS 9ru BE _. TO ME VT OF THEBMIER. ARIL AT THE Flwu OOF BE-REM -EACH Y INLET PROTECT-(16680 OR EN-ENT)AROUND ALL CATCH BARN GRAM NIEl5, BON STGG_ I -. S-ES SNA, BE .1 OR Jw Iftallumoill bNW..,Na^k WM ( t -I II TWO-STORY BUILDING \\\\\\\\\\\ 1'4 IIIIIIIII U ` __ _____ J ^I I I 1111 I I \I ff PxpnSd f.: Mk dl llfl^ AM MutUAL OF STEEL caxstRUCnox , etx Ednox. s1Erz , Gu-a4. ze UTR 1M N. OSHA SAFETY AND H- STAND OESd LOAOs ALLOWABIE 0.4E HEIGHT LOID SAFETY FACION WAIFR P RAZE (THROUGHGH PRYESIEA 5IEE0£) MAIEMUM OWAfIAW RAZE WTRR I^^ nom. Iw Ix'MMMI-s-7 Is STAGIUM. 0.476 Oft O8 Head Z14 Oft 0 le - ROAD DRAIN 'W1MC0' CINB INLET PROTECTION NOT FOR CONSTRUCTION Liberty Property Trust 00480 VBdog ne a 6dEe 180 F F.1.1% WW . 3064E mTER FABRIC (x' MNG /eroly`UAT,A^ B .1. MAN M,K THAd1UARD NCT^ALxFlLL VVH'URP"' E101E BAIXRLL . ON.E. AZ=ZPTG UZEO .1ALL BE/0EU® THE .. HIT OF TNE 'Air a a(PE CaNTOJIa TO YAMMQE NPGnNG TRBUrt AU.THE .1 BEEiilOw 'PCTaIxCxEIOUY m THE -1. OF ON=xPREBEI^ o,^^NGE /PpVEO GEOIEXnI£ UHER (1YPE III MRDDI Gn 3733 2005) 12' MINIMUM DEP1H WASHED ROC ON 1d ^W^OM ^ IB' MINIMUM CUT OFF BERM TO MINIMIZE RUNOFF FROM SITE NOTE ROCK CONSTRUCTION ENTRANCE SHOULD BE A MINIMUM HEIGHT OF 1.0' AND CONTAIN MA %IMUM SIDE SLOPES OF 41. ROCK ENTRANCE SHOULD BE INSPECTED AND MAINTAINED REGULARLY. ROCK ENTRANCE LENGTH MAY NEED TO BE E%IENDED IN CLAV SOILS LIBERTY PLAZA 00' 1NE.08/16107 eB.W 1 w t G Pd. Pmisr HEan.oE CITY COUNCIL AGENDA DATE: August 21, 2007 SECTION: Consent Calendar DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.F. George Esbensen Fire Department Award Bid for One (1) new Rescue Pumper Requested Action Move to approve the purchase of one (1) new Top Mount Rescue Pumper (fire truck) from E- One Manufacturing in the amount of $417,120.89 Synopsis This item was budgeted for under the CIP program for 2008 budget period. This new vehicle will replace current truck Engine #32 /Vehicle #386. The new vehicle will be delivered in 2008 in accordance with the CIP budgeted amounts. Background Information In 2004, Fire Department personnel and fleet services staff worked collaboratively to develop a vehicle specification in anticipation of the purchase of Rescue Pumpers in 2004. Sealed bids were advertised with an opening date of July 26, 2004, at 2:00PM for the purchase of three (3) new Rescue Pumpers. As a bid option, all bidders were requested to offer a discount for additional vehicle purchases in the future. Bids were received from four (4) qualified suppliers. E-One was awarded the original contract for the purchase of three (3) new Rescue Pumpers. E- One's bid included an option to purchase additional vehicles in the future. E-One has agreed to hold the price per truck at the 2004 pricing plus the agreed to 3% per year increases and $10, 500.00 NFPA and regulated emission changes which occurred in 2007. This despite the substantial increase in material costs which have occurred within their industry. The difference between today's dollars ($508,119.00) and this contract price is a $90,998.11 to the benefit of the City.The deadline for securing this pricing is a purchase order dated August 24, 2007. Engine 32 /Vehicle #386 is a 1989 LS9000 Ford conventional cab Type 1 Engine. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 21, 2007 DEPARTMENT /DIVISION :ITEM DESCRIPTION :Vacation 07-06 ITEM NO.: IX.A. Denise Christensen Vacation of a Highway Easement and a Slope Easement over Part of Lot 16, Public Works/Engineering Auditor's Subdivision No. 335 Requested Action Move to: •Close the public hearing; and •Adopt the resolution vacating a Highway Easement and a Slope Easement over part of Lot 16, Auditor's Subdivision No. 335. Synopsis The Property Owner has requested the vacation of a highway easement and a slope easement to facilitate the proposed Windsor Plaza development plan. City and MnDOT staff have reviewed the easements and concluded they have no residual public benefit. Background Information The requested vacation will remove the underlying encumbrance consisting of a highway easement and a slope easement for a portion of Lot 16, Auditor's Subdivision No. 335 to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. Attachments •Resolution •Location Map •Site Plan - 2 Sheets •Published Notice •Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- VACATION OF A HIGHWAY EASEMENT AND A SLOPE EASEMENT OVER PART OF LOT 16 ,AUDITOR 'S SUBDIVISION NO. 335 VACATION 07-06 WHEREAS , the City of Eden Prairie has a highway easement and a slope easement described as follows: HIGHWAY EASEMENT PER DOC. NO. 1156115 That part of Tract A described below: Tract A: All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U. S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16. Which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: From a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 359.63 feet to the point of beginning of Line 1 to be described; thence run Southwesterly on the last described course for 358.44 feet; thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. Which lies southeasterly of a line run parallel with and distant 60 feet northwesterly of the following described line: Beginning at the point of beginning of Line 1 described above; thence run southwesterly on said Line 1 for 100 feet and there terminating. SLOPE EASEMENT PER DOC. NO. 1174574 That part of Tract A described below: Tract A: All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying northerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U. S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16. Which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: Beginning at a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 600.00 feet and there terminating. Which lies southeasterly of a line run parallel with and distant 60 feet northwesterly of Line 1 described above. WHEREAS ,a Public Hearing was held on August 21, 2007 after due notice was given to affected property owners and published in accordance with M. S.A. 412.851; and WHERAS ,the Council has been advised by City Staff that the proposed vacation of the above described Highway Easement and Slope Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Highway Easement and Slope Easement are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1.Said Highway Easement and Slope Easement as described above are hereby vacated. 2.The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.85 1. ADOPTED by the Eden Prairie City Council on August 21, 2007. Phil Young, Mayor ATTEST:SEAL Kathleen Porta ,City Clerk RD. ce..n 1 T 1- F`,Q V 1 1` ^ ^^^ - \^ o 7gth VAC 07-06 LOCATION MAP 02007 Westwood Professional Services, Inc. VA CA TIO N SKE TCH PROPOSED VACATION OF HIGHWAY EASEMENT PER DOC. NO. 1156115 /That part of Tract A described below: rJ A n tieA / aP 1 line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16. Which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: From a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West / distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and 011 OQ loo,o^ / West quarter line (measured from East to North) for 359.63 feet to the point of beginning of Line 1 to be described; thence run Southwesterly on the last described course for 358.44 feet; thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. Which lies southeasterly of a line run parallel with and distant 60 feet northwesterly of the following described line: Beginning at the point of beginning of Line 1 described above; thence run southwesterly on said Line 1 for 100 feet and there terminating. East-West Quarter / Line Section 131,r-East Quarter Corner of Section 14 Scale:1 = 50 feet7 Tract A:/ /All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South REQUESTED BY.., WINDSOR PLAZA LLC Drawn by. MS w. r... a n. t.m..l s..k 7®9A-W-M. Ed.. n.t4 Me 93344 PHONE 93437.5130 FAX 9`24374M TOLLMEE t499937-5130 www^..ar9otlpamm 1 Date:Job Na: 7/16/07 20061063.00 20061063SKF09.dwg VACATION 07-06 NOTICE OF VACATION OF A HIGHWAY EASEMENT AND A SLOPE EASEMENT OVER PART OF LOT 16, AUDITOR'S SUBDIVISION NO. 335 Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on August 21, 2007 at 7:00 p.m. to hear all persons present upon the proposed vacation of the a Highway Easement and a Slope Easement over a part of Lot 16, Auditor's Subdivision No.335 described as follows: HIGHWAY EASEMENT PER DOC. NO. 1156115 That part of Tract A described below: Tract A: All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16. Which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: From a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 359.63 feet to the point of beginning of Line 1 to be described; thence run Southwesterly on the last described course for 358.44 feet; thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. Which lies southeasterly of a line run parallel with and distant 60 feet northwesterly of the following described line: Beginning at the point of beginning of Line 1 described above; thence run southwesterly on said Line 1 for 100 feet and there terminating. SLOPE EASEMENT PER DOC. NO. 1174574 That part of Tract A described below: Tract A: All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying northerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16. Which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: Beginning at a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 600.00 feet and there terminating. Which lies southeasterly of a line run parallel with and distant 60 feet northwesterly of Line 1 described above. By Order of the City Council Published in the Sun Current on August 2, 2007 NOTIFICATION LIST VACATION REQUEST 07-06 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 14-116-22-13-0005 14-116-22-13-0023 14-116-22-13-0024 14-116-22-13-0030 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 21, 2007 DEPARTMENT/DIVISION:ITEM DESCRIPTION: Vacation 07-07 ITEM NO.: IX.B. Denise Christensen Vacation of All Drainage and Utility Easements over, under and across Lot 1 & 2, Alm Eden Public Works/Engineering Heights Addition, including that Drainage and Utility Easement Requested Action Move to: •Close the Public Hearing; and •Adopt the resolution vacating all the Drainage and Utility Easements over, under and across Lot 1 and Lot 2, Block 1, Alm Eden Heights Addition and (a) certain Drainage and Utility Easement which was filed with the Office of the Registrar of Titles, Hennepin County, State of Minnesota on December 17, 2002, as Document Number 3647453. Synopsis The Property Owners have requested the vacation of the Drainage and Utility easements to facilitate the development of the Whispering Ridge project approved by Council on April 17, 2007. Background Information The Drainage and Utility Easements were originally dedicated with the Alm Eden Heights Addition and a separate Drainage and Utility Easement was originally dedicated to cover a sanitary sewer line serving an existing home. The sanitary sewer line has been removed to allow redevelopment of the lot and the existing home is being served by a new public sanitary sewer line covered by a new easement. The Alm Eden Heights Addition has been replatted and new drainage and utility easements have been dedicated with the Whispering Ridge project. Attachments •Resolution •Location Map •Site Plans - 2 sheets •Published Notice •Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- ALL DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 1 AND LOT 2, BLOCK 1, ALM EDEN HEIGHTS ADDITION INCLUDING VACATION OF THE DRAINAGE AND UTILITY EASEMENT VACATION 07-07 WHEREAS , the City of Eden Prairie has Drainage and Utility Easements over,under and across Lot 1 and Lot 2, Alm Eden Heights Addition including (a) certain Drainage and Utility Easement created by Document No. 3647453 which was filed with the Office of the Registrar of Titles, Hennepin County, State of Minnesota on December 17, 2002. WHEREAS, a Public Hearing was held on August 21, 2007, after due notice was given to affected property owners and published in accordance with M.S.A. 412.85 1; and WHEREAS ,the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements have no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1.All Drainage and Utility Easements lying over, under and across Lot 1 and Lot 2, Block 1,Alm Eden Heights Addition including (a) certain Drainage and Utility Easement created by Document No. 3647453 which was filed with the Office of the Registrar of Titles,Hennepin County, State of Minnesota on December 17, 2002, are hereby vacated. 2.The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.85 1. ADOPTED by the Eden Prairie City Council on August 21, 2007. ATTEST: Phil Young, Mayor SEAL Kathleen Porta ,City Clerk XFORD DR. V ALLEN 122. R ALEIGH z VALLEY RD. SITE VAC 07-07 LOCATION MAP ^vE C C^R• ,,\RRUP 30 15 0 IS dU SCALE IN FEET F n DRAINAGE & UTILITY EASEMENT PER ALM EDEN HEIGHTS ADDITION EASEMENT VACATION DESCRIPTION A 20-00 foot wide easement over ,under and across that part of Lot 2. Block 1, ALM EDEN HEIGHTS ADDITION. according to the recorded plat thereof, Hennepin County,Minnesota -The centerline of said easement is described as beginning at the southwest comer of the East 25.00 feet of. thence northerly along the West line of said East 25.00 feet a distance of 326.00 feet and there terminating- L_UL_I N 60 r-rlr`nJ I I IT^T-ri _I^,.) rI I ._;r-^ TA Tr- L_.: 11""1 I L_. -CL OF 20 FOOT WIDE EASEMENT FOR \WEST LINE OF THE EASTSANITARY SEWER 1AAINTINANCE PER 25.00 FEET OF LOT 2,00C. 3647453 BLOCK 1, ALM EDEN HEIGHTS AD01TiON I SOUTHWESTERLY CORNER OF THE EAST 25.00 FEET OF LOT 2, BLOCK I. ALM EDEN HEIGHTS ADDITION -- - h I I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 151h day of November. 2006. SATHRE -S E RGQU I ST. INC. David B. Pemhertni:, Minncf ;ol:] I icon se No. 40344 (r) N 60 QJ J LL 0 LJH- O w &) fr Q- ^oU z w z WW0.0w CO = w w Of IL q RAWIC1iECK DBPIGRG DATE 11/15/06 BOOKIPAGE -r- JOE NO. 7188 -024 SUR ESMT_VACAIION-D+NG VACATION 07-07 NOTICE OF VACATION OF ALL OF THE DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 1 AND LOT 2, BLOCK 1, ALM EDEN HEIGHTS ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road ,Eden Prairie ,Minnesota ,on August 21, 2007 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Drainage and Utility Easements described as follows: All of the Drainage and Utility Easement lying over, under and across Lot 1 and Lot 2, Block 1,Alm Eden Heights Addition, according to the recorded plat thereof, Hennepin County, Minnesota; and Including (a) certain Drainage and Utility Easement created by Document No. 3647453 which was filed with the Office of the Registrar of Titles of Hennepin County, State of Minnesota on December 17, 2002 described as follows: An Easement for constructing, operating, maintaining and replacing a sanitary sewer over, under and across a strip of land 20.00 feet in width, the centerline of which is described as follows: Beginning at the southwest corner of the East 25.00 feet of Lot 2, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota; thence northerly along the west line of said East 25.00 feet a distance of 326.00 feet and there terminating. By Order of the City Council Published in the Sun Current on August 2, 2007 NOTIFICATION LIST VACATION REQUEST 07-07 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 20-116-22-42-0082 20-116-22-43-0002 20-116-22-43-0069 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 21, 2007 DEPARTMENT /DIVISION :ITEM DESCRIPTION:ITEM NO.: IX.C. Community Development/Planning Amend City Code Chapter 11Janet Jeremiah Relating to Off-Street Parking Michael D.Franzen Requested Action Move to: •Close the Public Hearing; and •Approve 1St Reading of an Ordinance Amending City Code Chapter 11 by adding new definitions to Section 11.02 ;amending parts of Section 11.03, Subd. 3, H4. e. relating to off-street parking space requirements for restaurants,retail stores and shops; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things,contains penalty provisions. Synopsis The existing parking requirement for restaurants is 1/3 seats. The recommended parking requirements for restaurants are as follows: "Restaurant Type 1" - 1/2.5 seats based on capacity (McDonald's) "Restaurant Type 2" - 1/3 seats based on capacity (Bakers Square) "Restaurant Type 3" - 1/2 seats based on capacity (Redstone) The existing parking requirements for retail stores and shops is 6 /1,000 G .F.A.The recommended parking requirement for retail stores and shops is: "Retail Stores and Shops - 5/1000 sq. ft.G.F.A. Reduced parking could provide room on sites for rainwater gardens, trails or sidewalks, public gathering spaces or public art. It could also provide room for additional development. Background Information On October 20, 2006 the staff presented a preliminary parking study to the Planning Commission that suggested potential changes to retail and restaurant parking requirements based on research involving other communities, the Urban Land Institute, the Institute of Traffic Engineers, the American Planning Association and local field observations. The data collected at that time suggested less parking for general retail at 5/1000 square feet and more parking for restaurant between 1 space /3 seats to 1 space/2 seats. On July 23 ,2007, the Planning Commission reviewed a final parking study based on field observations during the holiday season which supported the preliminary findings that parking requirements for restaurants should be based on type and general retail parking could be reduced to 5/1000 GFA. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the changes to retail and restaurant parking requirements Attachment •Proposed Ordinance •Staff Report 10-20-06 •Staff Report 07-20-07 •PC Minutes 07-23-07 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING NEW DEFINITIONS TO SECTION 11.02 ;AMENDING PARTS OF SECTION 11.03 ,SUBD .3,H4. e. RELATING TO OFF-STREET PARKING SPACE REQUIREMENTS FOR RESTAURANTS, RETAIL STORES AND SHOPS ;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 Section 11.02, Definitions is amended by renumbering lines 48 through 68 to 51 through 71, respectively, and by inserting the following three (3) new definitions in lines 48 through 50. 48."Restaurant Type 1 - A restaurant, often referred to as a fast food or deli- style restaurant, where customers stand to order and wait for food preparation or where food is pre-prepared and packaged to go. 49."Restaurant Type 2 - A sit-down restaurant, often referred to as a family- style restaurant, with no liquor sales and where customers typically stay for an hour or less. 50."Restaurant Type 3 - A restaurant, often referred to as a bar or tavern, with a large bar or dancing area and amplified music used as entertainment; or a sit down restaurant, often referred to as a fine dining restaurant, where reservations are sometimes needed and the bar area is secondary to dining. Section 2.That part of City Code Section 11.03, Subd. 3, H4. e. entitled "Restaurants and Lounges shall be deleted in its entirety and replaced with the following: "Restaurant Type 1 -1/2.5 seats based on capacity "Restaurant Type 2 - 1/3 seats based on capacity "Restaurant Type 3 -1/2 seats based on capacity Section 3.That part of City Code Section 11.03, Subd. 3, H4. e. entitled "*** Retail Stores and Shops shall be deleted in its entirety and replaced with the following: Retail Stores and Shops -5/1000 sq. ft. G.F.A. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation and Section 11.99, entitled "Violation a Misdemeanor are herby adopted in their entirety, by reference, as though repeated verbatim herein. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of August, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 2007. Kathleen Porta ,City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of ,2007. P:\Home\EP\City Code\Chapter 1 1\Parking Code Ordinance 2007 06 26.doc MEMO: TO:Planning Commission FROM :Michael D. Franzen, City Planner DATE:October 20, 2006 SUBJECT:Parking Study BACKGROUND Meg Beckman, intern ,will be making a presentation about potential changes to the City code to reduce parking requirements for retail and raise parking requirements for restaurants. The Planning Commission should consider the report as a work in progress. The data provided so far suggests that less parking may work. Additional field work during the holidays is needed to look at peak parking demand. Parking lots that are not full during holiday peak is a clear indication that parking can be reduced without creating impacts such as parking in fire lanes, parking on commercial streets, or parking on residential streets next to neighborhood commercial sites. The staff is seeking your input to determine if we are headed in the right direction and if there are other items you feel should be included as part of completing the study. POTENTIAL BENEFITS OF REDUCED PARKING •Provides an area for rainwater gardens. •Provides an area for trails or sidewalks. •Provides an area for public art. •Create an economic benefit by allowing more building POTENTIAL IMPLICATIONS OF REDUCED PARKING •Will the City allow on street parking, require parking decks or convert green space back to parking if there is not enough parking? •Will reduced parking affect residential areas next to neighborhood commercial sites? •What impact will reduced parking have on residents and businesses? •Will lower parking requirements allow the owners reasonable tenant flexibility since uses and parking demands will change according to the market? •Will reduced parking leave enough room for snow storage? MEMO: TO:Planning Commission FROM :Michael D. Franzen, City Planner DATE:July 20, 2007 SUBJECT :Changes to City Code for Retail and Restaurant Parking Requirements BACKGROUND On October 20, 2006 the staff presented a parking study that suggested potential changes to retail and restaurant parking requirements based on research involving other communities, the Urban Land Institute, the Institute of Traffic Engineers, the American Planning Association and local field observations. The data collected at that time suggested less parking for general retail at 5/1000 square feet and more parking for restaurant between 1 space /3 seats to 1 space/2 seats. Staff suggested to the Planning Commission that a peak holiday parking study was needed. A lower parking demand would be a clear indication that existing parking requirements could be lowered without creating parking in fire lanes, loading areas, and on public streets. HOLIDAY PEAK HOUR FIELD DATA Since the market was providing more parking on stand alone restaurants sites than the code required and was aligned with previous research, only shopping centers with restaurants were studied. From October 29, 2006 to December 29, 2006 staff analyzed seven shopping centers between noon and 1 PM. Prairie Courts was studied between 6:00 and 6:30 since Timber Lodge peak hour business is evening. The results are as follows. Prairie Courts (Timber Lodge) Holiday Data 4.99 spaces /1,000 Summer Data 4.60 spaces/1,000 Lariat Center (Applebees)4.40 spaces / 1,000 4.88 spaces/1,000 Tower Square (Red Moon, Quiznos)3.77 spaces /1,000 4.33 spaces/1,000 Lariat 2 (Green Mill)4.90 spaces /1,000 3.40 spaces/1,000 Chesnut (Vietnamese)2.25 spaces /1,000 4.20 spaces/1,000 Rainbow (Beijing)3.70 spaces /1,000 2.20 spaces/1,000 Eden Glen (Bakers Rib, Leann Chin)5.90 spaces /1,000 3.90 spaces/ 1,000 4.16 spaces/1,000 3.02 spaces/1,000 (986 spaces)(681 spaces) The ratio of parking observed varies according to the type of uses in the shopping centers. Shopping centers with a higher percentage of restaurant space have a higher parking demand. Use and parking demand will change as tenants come and go. For these reasons and based on previous research the staff would recommend a ratio of 5 spaces/ 1,000 SF. STAFF RECOMMENDATION The parking recommendations for restaurants are as follows "Restaurant Type 1" - 1/2.5 seats based on capacity (McDonald's) "Restaurant Type 2" - 1/3 seats based on capacity (Bakers Square) "Restaurant Type 3" - 1/2 seats based on capacity (Redstone) The parking recommendation for retail stores and shops is : "Retail Stores and Shops -5/1000 sq. ft .G.F.A. POTENTIAL BENEFITS OF REDUCED PARKING •Provides an area for rainwater gardens. •Provides an area for trails or sidewalks. •Provides an area for public art. •Create an economic benefit by allowing more building APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 23, 2007 7:00 P .M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS:Stu Fox ,Manager of Parks and Natural Resources Al Gray ,City Engineer Michael Franzen ,City Planner Julie Krull, Recording Secretary CODE AMENDMENT REGARDING RESTAURANT & RETAIL PARKING REQUIREMENTS Franzen pointed out there was a presentation made to the Commission Members in October regarding this issue of reducing parking requirements for retail and restaurant areas.Staff suggested to the Commission that a peak holiday parking study was needed. A study was done from October 29, 2006 to December 29, 2006. Based on this study Staff recommendations and benefits are listed on page 2 of the staff report. The parking recommendations for restaurants are as follows: "Restaurant Type 1 -1 / 2.5 seats based on capacity (Bakers Square) "Restaurant Type 2 -1 / 3 seats based on capacity (McDonalds) "Restaurant Type 3 -1 / 2 seats based on capacity (Redstone) The parking recommendation for retail stores and shops is: "Retail stores and shops - 5/1000 sq. ft. G.F.A. Potential benefits of reduced parking are as follows: Provides and area for rainwater gardens; provides an area for trails or sidewalks; provides an area for public art; create an economic benefit by allowing more building. Pitzrick asked Franzen how we deal with shared parking spaces. This is accomplished by a cross parking agreement with Canyon Grille. The issue was initially having more seats in the restaurant than parking spaces they had access to during lunch. As a result the seating was reduced to 255 since only 85 spaces were available during lunch. In the evening, parking is not as issue since Canyon Grille can use the deck. Koenig asked Franzen if the parking issues with Champps and Red Stone have been resolved. Franzen said initially it was an issue but stores next to Champps have private security monitoring the parking, which has alleviated the situation. Stoelting opened the meeting up for public input. There was no input. Powell stated he would like more businesses to start with porous pavement. He would like the City Council to require businesses to have porous pavement in the development of their properties. Franzen stated this is something that certainly could be addressed when the Commission and City Council have their joint meetings. Pitzrick said, in regards to this issue, we should go beyond restaurant and retail areas. MOTION by Powell, seconded by Rocheford, to close the pubic hearing. Motion carried 8-0. MOTION by Powell, seconded by Koenig, to recommend approval of the code change to restaurant and retail parking requirements based on the staff report dated July 20, 2006 and the draft ordinance.Motion carried 8-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 21, 2007 DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to:Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 166344 - 166818 Wire Transfers 2763- 2783 City of Eden Prairie Council Check Summary 8/21/2007 Division Amount Division Amount General 62,162 701 Water Fund 80,162 100 City Manager 324 702 Sewer Fund 8,409 101 Legislative 2,345 703 Storm Drainage Fund 23,569 110 City Clerk 605 802 494 Commuter Services 19,042 111 Customer Service 7,860 803 Escrow Fund 6,323 112 Human Resources 145 806 SAC Agency Fund 53,600 113 Communication Services 3,416 807 Benefits Fund 427,828 114 Benefits & Training 1,400 809 Investment Fund 5,624 116 Facilities 36,169 810 Workers Comp Insurance 200 117 City Center 33,468 811 Property Insurance 83,532 132 Social Services 16,125 ***US Bank 25,352 133 Planning -83 135 Information Technology 69,933 Report Totals 2,140,774 136 Public Safety Communications 158 137 Economic Development 154 138 Community Development Admin.217 150 Park Administration 191 151 Park Maintenance 18,378 153 Organized Athletics 12,701 154 Community Center 1,143 155 Beaches 47 156 Youth Programs 7,445 157 Special Events 5,926 158 Adult Recreation 4,428 159 Recreation Administration 4,616 160 Therapeutic Recreation 462 162 Arts 6,093 163 Outdoor Center 4,714 164 Park Rental Facilities 125 180 Police 22,256 183 Emergency Preparedness 294 184 Fire 21,625 186 Inspections 1,364 200 Engineering 179 201 Street Maintenance 3,396 202 Street Lighting 60,734 203 Fleet Services 35,777 301 CDBG 17,963 303 Cemetary Operation 200 304 Senior Board 1,062 308 E-911 2,398 418 HRA 2002A Lease Revenue Bonds 99,475 421 2003A Park Bonds Refunding 30,778 423 2003C Open Space Bonds 19,451 432 G.O. Improvement Bonds 2006C 42,075 502 Park Development 7,776 503 Utility Improvement 59,469 506 Improvment Bonds 1996 23,498 509 CIP Fund 15,260 511 Construction Fund 104,130 512 CIP Trails 2,002 515 Fire Station #4 83,153 517 212/Charlson Intersection 269 519 Community Center Referendum 17,679 520 Parks Referendum 99,312 522 Improvement Projects 2006 1,627 601 Prairie Village Liquor 94,508 602 Den Road Liquor 145,143 603 Prairie View Liquor 89,798 605 Den Road Building 3,818 City of Eden Prairie Council Check Register 8/21/2007 Check #Amount Vendor / Explanation Account Description Business Unit 2770 25,352 US BANK 2771 12,403 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2772 16,328 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2773 100,803 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2774 18,995 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2775 99,475 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 2776 50,229 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2777 6,581 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund 2778 42,075 WELLS FARGO BANK MINNESOTA NA Interest G.O. Improvement Bonds 2006C 2779 12,929 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2780 15,893 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2781 99,208 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2782 31,154 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2783 166,642 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 166344 172 ASPEN WASTE SYSTEMS INC.Waste Disposal Fire Station #4 166345 215 ASSET RECOVERY CORPORATION Other Hardware Information Technology 166346 9 ,487 DELL Computers Prairie View Liquor Store 166347 460 FLORIDA MICRO LLC Computers Water Distribution 166349 514 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 166350 69 ,643 LOGIS LOGIS Information Technology 166351 660 METRO SALES INCORPORATED*Other Hardware Outdoor Center 166352 47 PC MALL Other Hardware Information Technology 166353 7,689 PCS TECHNOLOGIES INC Other Hardware Den Road Liquor Store 166354 828 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Den Road Building 166355 5,792 SOFTWARE HOUSE INTERNATIONAL 1 Software Information Technology 166356 276 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Fire Station #1 166357 60 VERIZON WIRELESS Wireless Subscription Information Technology 166358 1 ,200 VIRCHOW KRAUSE & COMPANY Miscellaneous Information Technology 166359 852 YALE MECHANICAL INC Contract Svcs - HVAC Community Center Maintenance 166360 640 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 166361 2,646 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #2 166362 22 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 166363 60 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 166364 220 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 166365 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs /Events 166366 69 ABLE HOSE & RUBBER INC Equipment Parts Water Treatment Plant 166367 826 AIR LIQUIDE INDUSTRIAL U.S. LP Treatment Chemicals Water Treatment Plant 166368 1 ,416 ALPHA VIDEO & AUDIO INC Video & Photo Supplies Communication Services 166369 860 AMEM Conference Expense Fire 166370 230 AMERICAN LAMINATING INC Other Contracted Services Water System Maintenance 166371 160 AMERICAN RED CROSS Recreation Supplies Pool Lessons 166372 235 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Den Road Liquor Store 166373 1,754 ASPEN EQUIPMENT CO.Equipment Parts Fleet Services 166374 355 ASPEN WASTE SYSTEMS INC.Waste Disposal Public Works/Parks 166375 281 BATTCHER AND AERO ELECTRICAL C Building Repair &Maint.Water Storage 166376 4,293 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 166377 393 BEUMER, BILL Tuition Reimbursement/School Fire 166378 919 BIFFS INC Waste Disposal Park Maintenance 166379 583 BLAINE UNDERGROUND Deposits Escrow 166380 1 ,000 BOLD, PAULINE Instructor Service Outdoor Center 166381 17 ,679 BRAUN INTERTEC CORPORATION Building Community Center Referendum 166382 76 BROWNING, RYAN Other Hardware Information Technology 166383 179 CALIFORNIA CONTRACTORS SUPPLIE Cleaning Supplies Utility Operations -General 166384 125 CAPTIVATION Riley Lake Shelter Park Facilities 166385 2,680 CARUS PHOSPHATES INC Treatment Chemicals Water Treatment Plant 166386 1 ,551 CEMSTONE PRODUCTS COMPANY Repair & Maint .Supplies Storm Drainage 166387 88 CENTERPOINT ENERGY Gas Fire Station #4 166388 3 ,625 CENTURYTEL Telephone Telephone 166389 55 COMCAST Dues & Subscriptions City Council 166390 4 ,000 COMMUNITY TECHNOLOGY ADVISORS Miscellaneous Information Technology 166391 6 ,875 CORNERSTONE Other Contracted Services Housing and Community Service Check #Amount Vendor /Explanation Account Description Business Unit 166392 1,312 CORPORATE EXPRESS Office Supplies General 166393 919 COSTCO Operating Supplies Fire 166394 9 COUNTRYSIDE HEATING Cash Over/Short General Fund 166395 442 CUSTOM HOSE TECH Equipment Parts Water Treatment Plant 166396 18 ,136 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 166397 772 CWH RESEARCH INC.Employee Award Organizational Services 166398 77 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 166399 9 ,257 DAY DISTRIBUTING Beer Den Road Liquor Store 166400 1 ,034 DAY, DAVID Other Contracted Services Softball 166401 242 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 166402 400 DOHERTY, SANDRA L Other Contracted Services Volleyball 166403 50 DOVER, RUTH Program Fee Trips 166404 161 DRAMATISTS PLAY SERVICE INC Operating Supplies Arts Initiative 166405 3 ,018 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 166406 731 EARL F ANDERSEN INC Signs Traffic Signs 166407 1,189 ECOLAB INC Contract Svcs - Pest Control Historical Buildings 166408 434 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin. 166409 509 EHLERS & ASSOCIATES INC Deposits Escrow 166410 45 ELFTMANN, SYLVIA Program Fee Trips 166411 10 ,343 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire 166412 45 ENGELMAN, VIRGINIA Program Fee Trips 166413 47 ERICKSON, WILLIS AR Utility Water Enterprise Fund 166414 118 ESS BROTHERS & SONS INC Repair & Maint. Supplies Infiltration /Inflow Study 166416 176 FALCK, TIMOTHY R Other Contracted Services Softball 166417 615 FANFARE PROMOTIONS INC Clothing & Uniforms Inspections -Administration 166418 1 ,590 FERGUSON ENTERPRISES #525 Repair & Maint .Supplies Water Treatment Plant 166419 41 FERRELLGAS Motor Fuels Fleet Services 166420 6 ,270 FINLEY BROS INC Seal Coating Willow Park 166421 1,290 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Services 166422 550 FORDAHL, TAMARA Other Contracted Services Volleyball 166423 1,150 FORTIN CONSULTING INC Other Contracted Services Environmental Education 166424 350 FRESH TOP INC Building Repair &Maint.Water Treatment Plant 166425 667 GE CAPITAL Other Rentals General 166426 1 ,218 GRAINGER Cleaning Supplies Utility Operations - General 166427 1,339 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 166428 624 GREAT AMERICAN BUSINESS PRODUC Office Supplies Community Center Admin 166429 321 GREATAMERICA LEASING CORP.Other Rentals General 166430 70 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 166431 2,436 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM 166432 145 GREY HOUSE PUBLISHING Other Contracted Services Economic Development 166433 21,391 GRIGGS COOPER & CO Wine Domestic Prairie Village Liquor Store 166434 550 HAMMERS, SARAH Other Contracted Services Volleyball 166435 564 HANSEN THORP PELLINEN OLSON Design & Engineering Construction Fund 166436 45 HARTMAN, JEAN Program Fee Trips 166437 6,636 HAWKINS INC Treatment Chemicals Water Treatment Plant 166438 2,678 HENNEPIN COUNTY Other Contracted Services Rehab 166439 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 166440 93 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 166441 132 HENRY, PAUL Other Contracted Services Softball 166442 2,662 HOHENSTEINS INC Beer Prairie View Liquor Store 166443 330 HOLMES, TOM Other Contracted Services Softball 166445 1 ,129 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Community Center Maintenance 166446 2,471 HTG ARCHITECTS Deposits Escrow 166447 5 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 166448 338 IMAGETECH SERVICES Operating Supplies Traffic Signals 166449 25 INDELCO PLASTICS CORP Supplies - Elevator Maint.Community Center Maintenance 166450 173 INNOVATIVE GRAPHICS Clothing & Uniforms Therapeutic Rec Administration 166451 750 ITALWINE IMPORTS & DISTRIBUTOR Wine imported Den Road Liquor Store 166452 1,393 ITRON INC.Software Water Metering 166453 6 ,558 J H LARSON COMPANY Contract Svcs - Electrical City Hall - CAM 166454 242 JENKINS, JOEL S Other Contracted Services Softball 166455 550 JERDE, BRENDA Other Contracted Services Volleyball 166456 16 ,275 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 166457 45 JOHANNES, JANE Program Fee Trips 166459 32,002 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store Check #Amount Vendor /Explanation Account Description Business Unit 166460 361 KEEPERS Clothing & Uniforms Fire 166461 507 KRAEMERS HARDWARE INC Equipment Repair & Maint Fire 166462 97 KRESS, CARLA Mileage & Parking Senior Center Administration 166463 350 KROOG, RACHAEL Other Contracted Services Staring Lake Concert 166464 200 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg City Hall - CAM 166465 175 LAMETTRYS COLLISION Insurance Property Insurance 166466 1 ,065 LANO EQUIPMENT INC Other Rentals Street Maintenance 166467 312 LARSON, ALLEN R.Operating Supplies Police 166468 45 LAURO, ANNA Program Fee Trips 166469 84 ,761 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 166470 601 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store 166471 1,043 MALONE, TOM Instructor Service Preschool Events 166472 166 MARGRON SKOGLUND WINE IMPORTS,Wine Imported Den Road Liquor Store 166473 23,998 MARK VII Beer Prairie View Liquor Store 166474 45 MCCARTHY, ARDIS Program Fee Trips 166475 45 MCCARTHY, BOB Program Fee Trips 166476 485 MENARDS Tuition Reimbursement/School Fire 166477 47 MERLINS ACE HARDWARE Repair & Maint .Supplies Riley Lake Beach 166478 102 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 166479 570 METRO FIRE Equipment Repair & Maint Fire 166480 539 METRO SALES INCORPORATED*Other Rentals General 166481 1 ,028 MIDWAY INDUSTRIAL SUPPLY CO IN Supplies - General Bldg Fire Station #4 166482 2,146 MIDWEST ASPHALT CORPORATION Waste Blacktop /Concrete Street Maintenance 166483 311 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 166484 231 MINNESOTA STATE FIRE DEPT ASSN Dues &Subscriptions Fire 166485 440 MINNESOTA UC FUND Unemployment Compensation Organizational Services 166486 180 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 166487 300 MINNESOTA ZOO Other Contracted Services Staring Lake Concert 166488 122 MIRACLE RECREATION EQUIPMENT C Repair & Maint. Supplies Homeward Hills Park 166489 342 MJB SERVICES Insurance Property Insurance 166490 195 MN AWWA Conference Expense Utility Operations -General 166491 11 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 166492 305 MONTAGE ENTERPRISES INC Equipment Parts Fleet Services 166493 40 MORTON, TAMMARA Other Contracted Services Wellness 166494 158 MOTOROLA Equipment Repair & Maint Wireless Communication 166495 104 MTI DISTRIBUTING INC Equipment Parts Fleet Services 166496 2,210 MTOA Tuition Reimbursement/School Police 166497 1,288 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 166498 715 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections -Administration 166499 132 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 166500 1 ,497 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 166501 19 NORTHERN TOOL Repair & Maint .Supplies Water Treatment Plant 166502 5,624 NORTHSHORE ADVISORS LLC Interest Investment Fund 166503 10 ,271 NORTHSTAR MUDJACKING SPECIALIS Repair & Maint .Supplies Storm Drainage 166504 82 ,091 NORTHWEST ASPHALT Improvement Contracts Construction Fund 166505 125 NTOA Dues &Subscriptions Police 166506 169 NUCO2INC Chemicals Pool Maintenance 166507 61 OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations -General 166508 735 OLD LOG THEATER Special Event Fees Trips 166509 294 PAM OIL INC Repair & Maint .Supplies Emergency Preparedness 166510 10 ,462 PARAMETERS Capital Under $2,000 Fire Station #4 166511 465 PAT KERNS WINE MERCHANTS Wine Imported Prairie View Liquor Store 166512 4,525 PAUSTIS & SONS COMPANY Wine Imported Prairie View Liquor Store 166513 12,828 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 166514 356 PIONEER DRAMA SERVICE Other Contracted Services Arts Initiative 166515 344 PITNEY BOWES Postage General 166516 154 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Services 166517 6,455 PRAIRIE ELECTRIC COMPANY Other Contracted Services Fire Station #4 166518 97 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 166519 1 ,082 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 166520 8 ,000 PROP Other Contracted Services Housing and Community Service 166521 4,890 PROP Refunds CDBG -Public Service 166522 139 PUSH PEDAL PULL Equipment Repair & Maint Fitness Center 166523 45 PUTNAM, PAT Program Fee Trips 166524 153 QUALITY PROPANE Motor Fuels Ice Arena Maintenance Check #Amount Vendor /Explanation Account Description Business Unit 166525 14,177 QUALITY WINE & SPIRITS CO Liquor Den Road Liquor Store 166526 98 ,639 QUIRING TRUCKING & EXCAVATING Improvements to Land Parks Referendum 166527 4,023 QWEST Telephone Telephone 166528 300 RAY, LEE Other Contracted Services Softball 166529 34 RCM & ASSOCIATES Operating Supplies Inspections-Administration 166530 519 REBS MARKETING Other Contracted Services Water Accounting 166531 156 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 166532 45 RICHTER, HELEN Program Fee Trips 166533 200 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 166534 75 SCHAITBERGER, CHUCK Operating Supplies Fire 166535 813 SENSORS INC Equipment Repair & Maint Water Treatment Plant 166536 561 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 166537 500 SHAPIRA, JOEL F Other Contracted Services Staring Lake Concert 166538 62 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals 166539 69 ,972 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Improvement Projects 1996 166540 3 ,140 SIGNATURE CONCEPTS INC.Operating Supplies Senior Board 166541 94 SNAP-ON TOOLS Small Tools Fleet Services 166542 45 SOUTHWEST SUBURBAN PUBLISHING-Dues &Subscriptions City Manager 166543 1,281 SRF CONSULTING GROUP INC Design & Engineering 212 / Charlson Rd. Intersectio 166544 172 ST LOUIS PARK POLICE DEPARTMEN Tuition Reimbursement/School Police 166545 2,182 STANLEY SECURITY SOLUTIONS INC Supplies - Security Community Center Maintenance 166546 24 STAR TRIBUNE Dues & Subscriptions Prairie View Liquor Store 166547 60 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services 166548 1 ,297 STREICHERS Operating Supplies Fire 166549 561 SUN NEWSPAPERS Dues &Subscriptions City Manager 166550 61 THIELMAN, MARC Mileage & Parking General Facilities 166551 19 ,746 THORPE DISTRIBUTING Beer Den Road Liquor Store 166552 25 THULL CONSTRUCTION Building Permits General Fund 166553 295 TIMESAVER Other Contracted Services City Clerk 166554 3,607 TRAILSOURCE LLC Improvements to Land Park Acquisition &Development 166555 1,583 TRANSPORT GRAPHICS Equipment Repair & Maint Fire 166556 667 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 166557 32 TWIN CITY SEED CO Building Materials Park Maintenance 166558 594 VEIT & CO Deposits Escrow 166559 1 ,135 VINO SOURCE, THE Wine imported Den Road Liquor Store 166560 285 VINOCOPIA Liquor Den Road Liquor Store 166561 1 ,670 VOLUNTEER FIREFIGHTERS BENEFIT Dues &Subscriptions Fire 166562 10,360 VR BUILDERS Other Contracted Services Rehab 166563 250 WALSER, ROBERT Y Other Contracted Services Staring Lake Concert 166564 94 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 166565 617 WHEELER LUMBER LLC Building Materials Park Maintenance 166567 9,229 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 166568 271 WORK CONNECTION, THE Other Contracted Services Park Maintenance 166569 81 WORKS, THE Special Event Fees Teen Programs 166570 843 WORLD CLASS WINES INC Wine imported Prairie Village Liquor Store 166571 8 ,327 YALE MECHANICAL INC Contract Svcs - HVAC Pool Maintenance 166572 350 ZAHN,GERALD Other Contracted Services Volleyball 166573 160 ZEP MANUFACTURING CO Operating Supplies Fleet Services 166574 975 ZIEBART OF MINNESOTA INC Equipment Repair & Maint Fleet Services 166575 27 EXECUTIVE OCEAN Office Supplies City Manager 166576 4,326 HENNEPIN COUNTY TREASURER-SURV Miscellaneous Information Technology 166577 5,002 LEAGUE MN CITIES INS TRUST Insurance Den Road Liquor Store 166578 3 ,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 166579 20 STATE OF MINNESOTA Operating Supplies Fleet Services 166580 1 ,648 WINE COMPANY, THE Wine imported Den Road Liquor Store 166581 283 BACHMAN PRINTING General Bicycle Program 166582 155 LITTLE TRANSPORT PRESS General Bicycle Program 166583 107 BARTNIK, AARON B Other Contracted Services Teen Work Program 166584 97 BERKBIGLER, SARA Other Contracted Services Teen Work Program 166585 148 CALL, JARRED Other Contracted Services Teen Work Program 166586 34 CHEN, MICHAEL Other Contracted Services Teen Work Program 166587 55 CRAMPTON, KELLY A Other Contracted Services Teen Work Program 166588 76 ERWIN, HANNAH Other Contracted Services Teen Work Program 166589 14 FETTER, PAIGE A Other Contracted Services Teen Work Program 166590 100 HANSON, ALISA Other Contracted Services Teen Work Program Check #Amount Vendor /Explanation Account Description Business Unit 166591 67 HEGENBARTH, KRAMER Other Contracted Services Teen Work Program 166592 84 JASKULKE, TAYLOR A Other Contracted Services Teen Work Program 166593 27 KHAN, BASIM Z Other Contracted Services Teen Work Program 166594 29 KRULL, JESSE Other Contracted Services Teen Work Program 166595 28 LANGEFELS,KELSEY Other Contracted Services Teen Work Program 166596 127 LELYUKH, DENIS Other Contracted Services Teen Work Program 166597 100 MCELVEEN, ALLISON Other Contracted Services Teen Work Program 166598 24 NORTON, CHELSEA Other Contracted Services Teen Work Program 166599 46 REYNOLDS, MACKENZIE Other Contracted Services Teen Work Program 166600 29 SCHAEPE, ELIZABETH Other Contracted Services Teen Work Program 166601 181 SHAH,RAOUL Other Contracted Services Teen Work Program 166602 79 SHAW, CARLEY Other Contracted Services Teen Work Program 166603 55 SHAWD, ANDREW Other Contracted Services Teen Work Program 166604 169 SKOBOV, MIKHAIL Other Contracted Services Teen Work Program 166605 115 SYED, ZOHAIB Other Contracted Services Teen Work Program 166606 1 ,750 FAMOUS DAVE'S Miscellaneous Fire 166607 696 LOGIS LOGIS Information Technology 166608 121 MILLARD, CHRIS Tuition Reimbursement/School Police 166609 200 SKYWAY EVENT SERVICES Other Rentals International Festival 166610 4 ,453 US POSTMASTER - HOPKINS Postage Community Brochure 166611 429 US POSTMASTER - HOPKINS Printing Senior Center Administration 166612 1,800 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 166613 47 A TO Z RENTAL CENTER Operating Supplies Safety Camp 166614 3 ,110 A-1 STRIPES INC Improvement Contracts Capital Impr. /Maint. Fund 166615 1 ,372 A-SCAPE INC Contract Svcs - Lawn Maint Fire Station #4 166616 126 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Den Road Liquor Store 166617 1,357 AMSAN LLC Cleaning Supplies Community Center Maintenance 166618 100 ANDERSON, LYDIA Other Contracted Services Teen Work Program 166619 487 AQUA LOGIC INC Supplies - General Bldg Pool Maintenance 166620 93 ARVOLD, KATIE Mileage & Parking Playgrounds 166621 81 AT&T MOBILITY Pager & Cell Phone Police 166622 225 BARNES, BELINDA A.Other Contracted Services Volleyball 166623 50 BARTKOWSKI, JULIE Lessons & Classes Pool Lessons 166624 159 BATTERIES PLUS Equipment Repair & Maint Fire 166625 2,357 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 166626 68 BIFFS INC Waste Disposal Park Maintenance 166627 250 BOLD, PAULINE Instructor Service Outdoor Center 166628 212 BOYER TRUCKS Equipment Parts Fleet Services 166629 150 BRAGG, ANNALISA Instructor Service Outdoor Center 166630 3 ,021 BRAUN INTERTEC CORPORATION Other Contracted Services Storm Drainage 166631 51 BREDOW, VERNETT Program Fee Red Hat 166632 200 BRIO BRASS Other Contracted Services Staring Lake Concert 166633 575 BROWN, PAUL Other Contracted Services Volleyball 166634 1 ,412 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 166635 170 BURKE, LAUREL Program Fee Outdoor Center 166636 250 CARLSON, JOHN P Instructor Service Safety Camp 166637 1,273 CEMSTONE PRODUCTS COMPANY Repair & Maint. Supplies Storm Drainage 166638 1 ,845 CENTERPOINT ENERGY Gas Water Treatment Plant 166639 600 CHAVES, CLAUDIA M. Q.Other Contracted Services International Festival 166640 61 ,578 CM CONSTRUCTION COMPANY INC.Building Fire Station #4 166641 654 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store 166642 11,780 COMMISSIONER OF TRANSPORTATION Design & Engineering Improvement Projects 1996 166643 188 COOPER, HANNA N Other Contracted Services Organizational Services 166644 372 CORPORATE EXPRESS Equipment Parts Fleet Services 166645 200 CRIPE, JACQUELYN V Other Contracted Services Volleyball 166646 54 CTS CLEANERS TAILOR & SHOE REP Clothing & Uniforms Police 166647 11,705 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 166648 191 D BRIAN'S DELI & CATERING Operating Supplies Parks Administration 166649 529 DAVANNI'S PIZZA Operating Supplies Safety Camp 166650 5 ,819 DAY DISTRIBUTING Beer Prairie Village Liquor Store 166651 30 DAY, DAVID Other Contracted Services Softball 166652 1,707 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations -General 166653 358 DELEGARD TOOL CO Equipment Parts Fleet Services 166654 308 DESAULNIERS, DAN Other Contracted Services Softball 166655 200 DIETHELM, GARY Other Contracted Services Pleasant Hill Cemetary Check #Amount Vendor /Explanation Account Description Business Unit 166656 30 ,271 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall - CAM 166657 2,136 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 166658 553 EMI Supplies - HVAC Ice Arena Maintenance 166659 9 ,408 ENGINEERING & CONSTRUCTION INN Improvement Contracts Utility Improvement Fund 166660 74 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 166661 2,002 FARRELL EQUIPMENT & SUPPLY CO Improvement Contracts CIP Trails 166662 285 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 166663 907 G & K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 166664 884 GALLS INC Equipment Parts Fleet Services 166665 351 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 166666 308 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 166667 550 GODWIN, MARIE B Other Contracted Services Volleyball 166668 300 GODWIN-LEMKE, STACY Other Contracted Services Volleyball 166669 8 GOLDEN VALLEY HEATING & AIR Cash Over/Short General Fund 166670 125 GRAINGER Supplies - General Bldg City Hall - CAM 166671 319 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 166672 13,796 GRIGGS COOPER & CO Wine Domestic Prairie Village Liquor Store 166673 30 GUO, KUN Lessons &Classes Pool Lessons 166674 765 HACH COMPANY Laboratory Chemicals Water Treatment Plant 166675 23,203 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 166676 300 HASIMOTO, LINDA Other Contracted Services International Festival 166677 7,597 HAWKINS INC Treatment Chemicals Water Treatment Plant 166678 4 ,153 HENNEPIN COUNTY TREASURER Board of Prisoner Police 166679 89 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 166680 88 HENRY, PAUL Other Contracted Services Volleyball 166681 1 ,129 HOBART Contract Svcs - Gen. Bldg City Center Operations 166682 330 HOLMES, JOHN CARTER Other Contracted Services Softball 166683 88 HOLMES, TOM Other Contracted Services Softball 166684 489 HYDROLOGIC Repair & Maint. Supplies Park Maintenance 166685 2,554 INNOVATIVE GRAPHICS Clothing & Uniforms Safety Camp 166686 145 IPMA - HR Dues &Subscriptions Human Resources 166687 1 ,784 ITL PATCH COMPANY INC Awards Safety Camp 166688 311 J H LARSON COMPANY Operating Supplies Park Maintenance 166689 111 J&R RADIATOR CORP Equipment Repair & Maint Fleet Services 166690 115 JISHNU, ANUP Program Fee Camps 166691 2,586 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 166693 34 ,091 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 166694 328 KAPAUN, RYAN Travel Expense Police 166695 227 KEEPERS Clothing & Uniforms Police 166696 1 ,027 KRAEMER MINING & MATERIALS INC Repair & Maint .Supplies Water System Maintenance 166697 52 KRAEMERS HARDWARE INC Supplies - General Bldg Community Center Maintenance 166698 15 KZ PLUMBING Cash Over/Short General Fund 166699 966 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3 166700 4 ,001 LEGRAN HOMES CORP Cash Over/Short General Fund 166701 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 166702 170 LESCOINC Landscape Materials/Supp Water System Maintenance 166703 625 LUSHINE, PEGGY E Other Contracted Services Arts Initiative 166704 401 MAACO Equipment Repair & Maint Fleet Services 166705 779 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 166706 5 ,460 MARK VII Misc Taxable Den Road Liquor Store 166707 51 MCCARTHY, ARDIS Program Fee Red Hat 166708 264 MCGREGOR, RANDY Other Contracted Services Softball 166709 1 ,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 166710 1,365 MEDICINE LAKE TOURS Special Event Fees Trips 166711 472 MENARDS Operating Supplies Engineering 166712 1,165 METRO SALES INCORPORATED*Other Rentals General 166713 1,012 MICHELAU, JOHN Other Contracted Services Softball 166714 4,599 MIDWEST ASPHALT CORPORATION Repair & Maint .Supplies Storm Drainage 166715 1,757 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 166716 2,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 166717 1,368 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 166718 173 MINN OFFICE OF ENTERPRISE TECH Operating Supplies Police 166719 991 MINNESOTA CONWAY Equipment Repair & Maint Prairie View Liquor Store 166720 23 MINNESOTA POLLUTION CONTROL AG Licenses & Taxes Sewer Utility -General 166721 425 MINNESOTA ROADWAYS CO Contract Svcs -Asphalt/Concr.Den Bldg. - CAM Check #Amount Vendor /Explanation Account Description Business Unit 166722 1,945 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 166723 213 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Services 166724 130 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance 166725 75 MONTAGE ENTERPRISES INC Equipment Parts Fleet Services 166726 257 MTI DISTRIBUTING INC Equipment Parts Fleet Services 166727 400 NADEL, TAMARA Other Contracted Services International Festival 166728 1,188 NEUMANN, NEAL Other Contracted Services Softball 166729 288 NINETYNINE BOTTLES Beer Den Road Liquor Store 166730 487 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 166731 51 NORTON, GINNY Program Fee Red Hat 166732 58 PALKOVICH, KRISTINE Program Fee Camps 166733 700 PAUL, CYRIL Other Contracted Services Staring Lake Concert 166734 2,230 PAUSTIS & SONS COMPANY Wine imported Den Road Liquor Store 166735 44 PETIL, ESTRELLA Program Fee Outdoor Center 166736 14,421 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 166737 574 POMP'S TIRE SERVICE INC Tires Fleet Services 166738 88 PORTA, KITTY Mileage & Parking City Clerk 166739 150 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance 166740 68 PRAIRIE OFFSET PRINTING Printing Street Maintenance 166741 94 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Services 166742 417 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 166743 99 PUSH PEDAL PULL Equipment Repair & Maint Fitness Center 166744 14,633 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store 166745 219 QWEST Telephone Sewer Liftstation 166746 51 RABER, CHARLENE Program Fee Red Hat 166747 521 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 166748 200 RAY, LEE Other Contracted Services Softball 166749 335 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 166750 183 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 166751 4,500 SAGE PRESENCE Tuition Reimbursement/School Police 166752 48 SCHAITBERGER, CHUCK Operating Supplies Safety Camp 166753 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 166755 81 SHRED-IT Waste Disposal City Center Operations 166756 57 SNAP-ON TOOLS Small Tools Fleet Services 166757 347 SOFTWARE HOUSE INTERNATIONAL 1 Software Fire Station #4 166758 5,605 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 1996 166759 51 STIKA, EVELYN Program Fee Red Hat 166760 4 ,049 STREICHERS Clothing & Uniforms Police 166761 200 STRUCK, MATT Clothing & Uniforms Police 166762 284 SUBURBAN CHEVROLET Equipment Parts Fleet Services 166763 2,200 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council 166764 36 SUN NEWSPAPERS Legal Notices Publishing City Clerk 166765 250 SUTTER, ROSS Other Contracted Services Staring Lake Concert 166766 5,406 TESSMAN SEED CO Chemicals Park Maintenance 166767 9,530 THORPE DISTRIBUTING Beer Den Road Liquor Store 166768 4 ,169 TYLER MADISON INC Other Contracted Services Park Acquisition & Development 166769 625 UNCOMMON GATHERINGS Other Contracted Services Arts Initiative 166770 2,146 UNIFORMS UNLIMITED Clothing & Uniforms Police 166771 371 UNITED STATES MECHANICAL INC Contract Svcs - Plumbing Ice Arena Maintenance 166772 1,628 VARGAS, JOSHUA A Other Contracted Services Softball 166773 313 VESSCO INC Equipment Parts Water Treatment Plant 166774 1,464 VINO SOURCE, THE Wine imported Den Road Liquor Store 166775 607 VINOCOPIA Liquor Prairie View Liquor Store 166776 2,895 WALL TRENDS INC Contract Svcs - General Bldg Den Bldg. - CAM 166777 52 WEBB, CHAUNTEL Program Fee Leisure Education 166778 87 WERTS, SANDY Mileage & Parking Arts 166779 111 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration 166780 80 WILLIAMS, LINDA D Operating Supplies Police 166781 1 ,998 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 166782 4,648 WINE MERCHANTS INC Wine imported Den Road Liquor Store 166783 2,727 WM MUELLER AND SONS INC Repair & Maint .Supplies Storm Drainage 166784 1 ,355 WORK CONNECTION, THE Other Contracted Services Park Maintenance 166785 1 ,294 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 166786 59 ,095 XCEL ENERGY Electric Sewer Liftstation 166787 12,150 YALE MECHANICAL INC Building Capital Impr . /Maint. Fund Check #Amount Vendor / Explanation Account Description Business Unit 166788 6,373 ZIEGLER INC Supplies - Fire/Life/Safety Public Works/Parks 166789 62 COMCAST General 494 Corridor Commission 166790 191 COOK, BEN General 494 Corridor Commission 166791 144 DIERCKS, KATE General 494 Corridor Commission 166792 2,038 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 166793 68 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 166794 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 166795 20 INTERNET EXPOSURE INC General 494 Corridor Commission 166796 145 MADISON, MELISSA General 494 Corridor Commission 166797 2,500 MESSERLI & KRAMER General 494 Corridor Commission 166798 11,966 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 166799 195 PROFILES INC General 494 Corridor Commission 166800 279 TWINWEST General 494 Corridor Commission 166801 133 VERIZON WIRELESS General 494 Corridor Commission 166802 305 WELLS FARGO BANK General 494 Corridor Commission 166803 34 BREEZY POINT RESORT Conference Expense Engineering 166804 125 COMMISSIONER OF TRANSPORATION Conference Expense Engineering 166805 132 HAGEN, SIDNEY E Other Contracted Services Softball 166806 1,522 QWEST Telephone E-911 Program 166807 635 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store 166808 7,067 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 166809 47 UPS Postage Water Treatment Plant 166810 90 COMCAST Dues & Subscriptions City Council 166811 881 EVENSON,KATHI Insurance Property Insurance 166812 3,958 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 166813 53,064 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 166814 229 PETTY CASH - CARLA KRESS Operating Supplies Senior Board 166815 296 PETTY CASH-POLICE DEPT Travel Expense Police 166816 2,375 SCHUELKA, MATT Insurance Property Insurance 166817 1,833 US POSTMASTER - HOPKINS Postage Water Accounting 166818 6,320 WESTON WOODS ASSOC AR Utility Water Enterprise Fund 2,140,774 Grand Total US BANK PURCHASING CARDS WIRE # 2763 - 2770 PAYMENT DATE 07/31/2007 Amount Supplier Account Description Business Unit 25 HOME DEPOT CREDIT SERVICES Repair & Maint .Supplies Water System Maintenance 578 POLLARD WATER Small Tools Sewer System Maintenance 108 WOODFIN SUITES-KANSAS CITY CHA Tuition Reimbursement/School Police 624 BROWNELLS INC.Training Supplies Police 125 ATOM Tuition Reimbursement/School Police 125 ATOM Tuition Reimbursement/School Police 10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 98 HOLIDAY INN Tuition Reimbursement/School Police 226 HOLIDAY INN Tuition Reimbursement/School Police 10 THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 491 NORTHWEST AIRLINES Tuition Reimbursement/School Police 20 NORTHWEST AIRLINES Tuition Reimbursement/School Police 164 BROWNELLS INC.Training Supplies Police 125 ATOM Tuition Reimbursement/School Police 250 ATOM Tuition Reimbursement/School Police 275 ATOM Tuition Reimbursement/School Police 70 MENARDS Operating Supplies Park Maintenance 62 MENARDS Repair & Maint .Supplies Park Maintenance 48 BEST BUY Video & Photo Supplies Communication Services 516 MARQUETTE CAMERA REPAIR Video & Photo Supplies Communication Services 71 RADIOSHACK Office Supplies City Manager 40 MENARDS Operating Supplies Utility Operations -General 10 MENARDS Equipment Parts Water System Maintenance 19 MENARDS Small Tools Sewer System Maintenance 12 NAPA AUTO PARTS Small Tools Sewer System Maintenance 17 WALGREEN'S #5080 Repair & Maint .Supplies Sewer System Maintenance 41 HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease 52 HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease 67 NORTHERN TOOL & EQUIPMENT Small Tools Tree Disease 173 TARGET Operating Supplies Round Lake Beach 90 OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics &Fitness Admin 24 TARGET Operating Supplies Round Lake Beach 65 CUB FOODS EDEN PRAIRIE Operating Supplies Round Lake Beach 115 FASTSIGNS Safety Supplies Riley Lake Beach 115 FASTSIGNS Safety Supplies Round Lake Beach 320 OFFICE DEPOT CREDIT PLAN Operating Supplies Pool Operations 130 PARTY AMERICA Operating Supplies Round Lake Beach 27 KOWALSKI'S MARKET Operating Supplies Round Lake Beach 90 HOME DEPOT CREDIT SERVICES Operating Supplies Round Lake Beach 172 S&S WORLDWIDE Recreation Supplies Pool Lessons 172 S&S WORLDWIDE Recreation Supplies Oak Point Lessons 80 TARGET Operating Supplies July 4th Celebration 27 LIL RED STORE Operating Supplies July 4th Celebration 80 CRICKET DIGITAL Operating Supplies Fire 29 CHIPOTLE Operating Supplies Fire 107 GOPHER ENGINES Operating Supplies Park Maintenance 43 MENARDS Repair & Maint. Supplies Park Maintenance 48 MENARDS Repair & Maint. Supplies Park Maintenance 409 RUTTGERS BAY LAKE LODGE Conference Expense Economic Development 200 EDAM Conference Expense Economic Development 59 DAVANNI'S PIZZA Training Supplies Organizational Services 90 NONPROFIT SOLUTIONS Employment Advertising Organizational Services 7,461 DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 1,042 DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 250 DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -175 DEPT OF LABOR & INDUSTRY Other Revenue General Fund 225 GOVERNMENT FINANCE OFFICERS AS Awards Finance 85 PAYPAL INC Conference Expense Finance 7 WALMART COMMUNITY Operating Supplies Senior Board 351 REDSTONE AMERICAN GRILL INC Special Event Fees Red Hat Amount Supplier Account Description Business Unit 76 KOWALSKI'S MARKET Operating Supplies Classes/Programs/Events 216 WALMART COMMUNITY Operating Supplies July 4th Celebration -216 WALMART COMMUNITY Operating Supplies July 4th Celebration -54 CARIBOU COFFEE Miscellaneous Communication Services 50 CARIBOU COFFEE Miscellaneous Communication Services 102 CAMPIELLO Miscellaneous Communication Services 165 WILDFIRE Miscellaneous Communication Services 50 CARIBOU COFFEE Miscellaneous Communication Services 316 D BRIAN'S DELI & CATERING Miscellaneous City Council 70 D BRIAN'S DELI & CATERING Miscellaneous City Council 157 PANERA BREAD Miscellaneous City Council 275 LEEANN CHIN Miscellaneous City Council 238 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Council 174 ROLY POLY Miscellaneous City Council 21 PEI WEI Miscellaneous City Manager 8 TIGER TECHNOLOGIES Software Information Technology 43 BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager 13 LIL RED STORE Operating Supplies Park Maintenance 107 MENARDS Landscape Materials/Supp Park Maintenance 80 MENARDS Landscape Materials/Supp Park Maintenance 102 MENARDS Chemicals Park Maintenance 42 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 84 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 128 MENARDS Landscape Materials/Supp Park Maintenance 63 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 6 MERLINS ACE HARDWARE Landscape Materials/Supp Park Maintenance 7 MENARDS Landscape Materials/Supp Park Maintenance 19 MENARDS Chemicals Park Maintenance 84 MENARDS Operating Supplies Park Maintenance 101 HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 181 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 38 MENARDS Chemicals Park Maintenance 7 RAINBOW FOODS INC.Operating Supplies Park Maintenance 45 MENARDS Operating Supplies Street Maintenance 8 MENARDS Operating Supplies Street Maintenance 110 CDW GOVERNMENT INC.Office Supplies Community Center Admin 46 PAPER DIRECT INC Office Supplies Community Center Admin 4 MENARDS Repair & Maint .Supplies Park Maintenance 37 NAPA AUTO PARTS Small Tools Water System Maintenance 66 HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 3 MENARDS Operating Supplies Park Maintenance 30 MENARDS Small Tools Park Maintenance 33 MENARDS Building Materials Park Maintenance 22 MENARDS Operating Supplies Park Maintenance 13 MENARDS Building Materials Park Maintenance 6 MENARDS Operating Supplies Park Maintenance 38 PIZZA HUT Operating Supplies Youth Programs Administration 282 WALMART COMMUNITY Operating Supplies Playgrounds 85 WALMART COMMUNITY Operating Supplies Riley Lake Beach 213 OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration 384 WALMART COMMUNITY Operating Supplies Playgrounds 149 MENARDS Operating Supplies Playgrounds 30 ONCOURT OFFCOURT, INC Recreation Supplies Leisure Education 182 ONCOURT OFFCOURT, INC Recreation Supplies Leisure Education 369 ONCOURT OFFCOURT, INC Recreation Supplies Leisure Education 202 WALMART COMMUNITY Operating Supplies Playgrounds 2 LIL RED STORE Operating Supplies Playgrounds 26 WALGREEN'S #5080 Operating Supplies Playgrounds 102 WALMART COMMUNITY Operating Supplies Playgrounds 83 WALMART COMMUNITY Operating Supplies Playgrounds 60 ONCOURT OFFCOURT, INC Recreation Supplies Leisure Education 117 TRIARCO Operating Supplies Youth Programs Administration 98 CRYSTAL CAVES Special Event Fees Teen Work Program 124 WALMART COMMUNITY Operating Supplies Playgrounds 192 HOME DEPOT CREDIT SERVICES Operating Supplies Riley-Jacques Barn Amount Supplier Account Description Business Unit 650 DINN BROTHERS TROPHIES Operating Supplies July 4th Celebration 3 RAINBOW FOODS INC.Operating Supplies Riley-Jacques Barn 160 ORIENTAL TRADING CO INC Operating Supplies July 4th Celebration 42 UPS STORE, THE Operating Supplies Summer Theatre 9 RAINBOW FOODS INC.Operating Supplies July 4th Celebration 15 PARTY AMERICA Operating Supplies Special Events Administration 48 SIGN A RAMA Printing July 4th Celebration 499 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Playgrounds 9 WALMART COMMUNITY Operating Supplies Teen Programs 170 BAKERS' RIBS Operating Supplies Teen Programs 77 TARGET Operating Supplies Therapeutic Rec Administration 455 MINNESOTA TWINS Special Event Fees Teen Programs 9 BLOCKBUSTER Operating Supplies Teen Programs 520 ORIENTAL TRADING Operating Supplies July 4th Celebration 25 STAGES THEATRE COMPANY Special Event Fees Around Town 87 BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 8 RAINBOW FOODS INC.Operating Supplies Leisure Education 52 DAVANNI'S PIZZA Operating Supplies Around Town 48 AMC (EDEN PRAIRIE)Special Event Fees Leisure Education 180 ORIENTAL TRADING Operating Supplies July 4th Celebration 120 WALMART COMMUNITY Operating Supplies Youth Programs Administration 54 PAYPAL INC Equipment Repair & Maint Information Technology 25,352 REPORT TOTAL CITY COUNCIL AGENDA DATE: August 21, 2007 SECTION: Appointments DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIII.A. City Council Appointment of Vice-Chair to the Conservation Commission Requested Action Move to:Appoint Laura Jester as the Vice-Chair to the Conservation Commission. This vice- chair appointment would end on March 31, 2008. Synopsis All Commission Chairs and Vice-Chairs are appointed to serve one-year terms that begin in April and end in March of the following year, according to City Code Section 2.22, Subd. 5. The resignation of David Seymour in June 2007 (who was the Vice-Chair of the Conservation Commission) left the Commission without a Vice-Chair through March 2008. Conservation Commission Chair Eapen Chacko and Commission Staff Liaison Leslie Stovring both recommend Ms. Jester for this leadership position.