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HomeMy WebLinkAboutCity Council - 12/01/2008 TRUTH-IN-TAXATION HEARING AGENDA EDEN PRAIRIE CITY COUNCIL MONDAY, DECEMBER 1, 2008 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, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PUBLIC HEARING A. OVERVIEW OF 2009 PROPOSED BUDGET AND TAX LEVY B. PUBLIC COMMENT AND DISCUSSION III. CLOSE OR CONTINUE PUBLIC HEARING IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 1, 2008 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 I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS / PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 18, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 18, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT THE LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL OF THE PLAN WITH THE COMPREHENSIVE GUIDE PLAN UPDATE IX. PUBLIC HEARINGS / MEETINGS A. FIRST READING OF THE ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS B. 2009 FEE RESOLUTION X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS CITY COUNCIL AGENDA December 1, 2008 Page 2 B. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3 RELATING TO REGULATION OF DISCHARGE FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWER SYSTEM (Resolution Approving Summary Ordinance for Publication) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Police and Fire All-in-One Solution Contract 2. Police and Fire Ticket Writer Software Contract C. REPORT OF THE 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 1. Second Reading of an Ordinance Amending City Code Section 10.02 Relating to Individual Sewage Treatment Systems (Resolution Approving Summary Ordinance for Publication) H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 26, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, December 1, 2008 _____________________________________________________________________________________________ MONDAY, DECEMBER 1, 2008 7:00 PM, COUNCIL CHAMBER TRUTH-IN-TAXATION HEARING I. CALL THE MEETING TO ORDER II. PUBLIC HEARING A. OVERVIEW OF 2009 PROPOSED BUDGET AND TAX LEVY B. PUBLIC COMMENT AND DISCUSSION III. CLOSE OR CONTINUE PUBLIC HEARING MOTION:  Move to close the public hearing.  IV. ADJOURNMENT MOTION:  Move to adjourn the Truth‐in‐Taxation Hearing and reopen the City  Council Meeting.  CITY COUNCIL MEETING I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (See instructions on dais.)  III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. ANNOTATED AGENDA December 1, 2008 Page 2 IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda.  V. PROCLAMATIONS / PRESENTATIONS VI. MINUTES MOTION:  Move to approve the following City Council minutes:  A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 18, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 18, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION:  Move approval of item A on the Consent Calendar.  A. ADOPT THE LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL OF THE PLAN WITH THE COMPREHENSIVE GUIDE PLAN UPDATE IX. PUBLIC HEARINGS / MEETINGS A. FIRST READING OF THE ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Official notice of this public hearing was published in the November 20, 2008, Eden Prairie News. Synopsis: This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. MOTION:  Move to:    • Close the Public Hearing; and  • Approve 1st Reading of the Ordinance Updating the Fee Schedule for  Administration of Official Controls.  ANNOTATED AGENDA December 1, 2008 Page 3 B. 2009 FEE RESOLUTION Official notice of this public hearing was published in the November 20, 2008, Eden Prairie News. Synopsis: This Resolution establishes a fee schedule for the City’s services not covered by ordinance. MOTION:  Move to:    • Close the Public Hearing; and  • Approve the 2009 Fee resolution   X. PAYMENT OF CLAIMS MOTION:  Move approval of the Payment of Claims as submitted   (Roll Call Vote).  XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS Synopsis: The amendments as proposed to City Code Section 10.02 Individual Sewage Treatment Systems Standards are required to bring the City Code into compliance with current Minnesota Pollution Control Agency rules, County regulations, and Met Council submission requirement for the 2008 Guide Plan Update. MOTION:  Move to approve First reading of an ordinance amending City  Code Section 10.02. relating to individual sewage treatment systems.  B. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 3 RELATING TO REGULATION OF DISCHARGE FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWER SYSTEM (Resolution Approving Summary Ordinance for Publication) Synopsis: This is the second reading of the Ordinance prohibiting disposal of clear water into the sanitary sewer system. The first reading for the Ordinance was on October 21, 2008. MOTION:  Move to approve Second Reading of an Ordinance amending  City Code Chapter 3 relating to regulation of inflow and infiltration (clear  water) into the sanitary sewer system and adopt Resolution approving  Summary Ordinance for publication.    ANNOTATED AGENDA December 1, 2008 Page 4 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Police and Fire All-in-One Solution Contract Synopsis: The City Police Department currently has a Record Management System (RMS - 21 years old), Computer Aided Dispatch (CAD - 8 years old) and Mobile System (8 years old). The systems are outdated. Improvements will make the systems more efficient and will better meet the needs of the Police Department. The City Fire Department currently uses similar, but separate, systems which also are in need of similar improvements. The City’s RFP requested a fully integrated solution which could serve both the Police and Fire Departments and allow for the sharing of information. City Staff started this RFP process in September 2007. An outline of the project follows: 1) Initial project planning (Team Leaders: James Morrow-Police, Steve Koering-Fire and Lisa Wu-IT) – September 2007 2) Formalized and selected 13 project team members from various disciplines that will use the new system (Sandy Mitchell, Stacy Boyer, Julie Bergstrom, Lisa Vik, Jennifer Bahr, Rachel Selness, Jamie Good, Bill Wyffels, Jerrad Biggar, Thomas Lowery, Mike Hutter, Ryan Browning, Kimberly Cummings) – October 2007 3) Vendor Pre-RFP meeting and needs assessment - December 2007 4) Pre-RFP customer site visits (8 software vendors) – April 2008 5) RFP preparation and delivery of RFP to 10 vendors per request – May 2008 6) RFP closed - June 19, 2008 7) Evaluated 5 responding vendors - July 2008 8) Selected 4 vendors for onsite demonstration – August 2008 9) Team consensus to rank the vendors’ overall solution by demonstration of the product against the RFP – September 2008 10) Site visit to selected vendors’ customer sites including New World Systems – October 2008 The project team recommends selection of New World Systems. Of the responding vendors, New World Systems provided the most integrated solution between the Police and Fire Departments for RMS, CAD and Mobile. Additionally, other responding vendors required use of a third party vendor for Fire Department record management. New World Systems’ solution will ANNOTATED AGENDA December 1, 2008 Page 5 increase overall efficiency by reducing data entry redundancy, will assist in reducing response times by both the Police and Fire Departments, and provides officers the ability to complete reports while on the streets. The total cost of this project will not exceed 1.88 million dollars and is a budgeted item in Police/Fire Radio System CIP project. If approved, New World Systems and the project team anticipate implementation of the project in early 2009. MOTION:  Move to award contract for Police and Fire All‐in‐One  Solution to New World Systems and authorize the Mayor and the  City Manager to execute the contract with New World Systems.   2. Police and Fire Ticket Writer Software Contract Synopsis: APS is a software company that provides software solutions which enable police to electronically complete and submit citations from the field. Currently, officers handwrite citations which are later submitted to the Hennepin County. The Ticket Writer software was one of the components included in the City’s RFP for the Police and Fire All-In-One Solution. The City selected New World Systems, Inc. as the vendor for the Police and Fire All-In-One Solution. APS is New World System’s business partner for the Ticket Writer module. Rather than purchasing the APS Ticket Writer software through New World Systems, staff recommends purchase of the software directly from APS based on an approximate 20% discount. The cost of the software when purchased directly from APS is $40,000 versus $50,268.00 when purchased through New World as a third party contract. MOTION:  Move to award the contract for the Police and Fire All‐ in‐One Solution Ticket Writer software to APS (Advanced Public  Safety, Inc.) and authorize the Mayor and City Manager to execute  the contract with APS.   C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR   F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Second Reading of an Ordinance Amending City Code Section 10.02 Relating to Individual Sewage Treatment Systems (Resolution Approving Summary Ordinance for Publication) Synopsis: The amendments as proposed to City Code Section 10.02 Individual Sewage Treatment Systems Standards are required to bring the City Code into compliance with current Minnesota Pollution Control Agency rules, ANNOTATED AGENDA December 1, 2008 Page 6 county regulations, and Met Council submission requirement for the 2008 Guide Plan Update. MOTION:  Move to approve 2nd reading of an ordinance amending  City Code Section 10.02 and adopt Resolution approving Summary  Ordinance for publication.  H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT  MOTION:  Move to adjourn the City Council meeting.  ITEM NO.: VI.A. UNAPPROVED MINUTES JOINT WORKSHOP OF THE CITY COUNCIL & BUDGET ADVISORY COMMISSION & OPEN PODIUM TUESDAY, NOVEMBER 18, 2008 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 BUDGET ADVISORY COMMISSION: Don Uram, Chair; Katherine Kardell, Vice Chair; Commissioners Richard King, Jon Muilenburg, Richard Proops and Gwen Schultz 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 I. PROPOSED 2009-2013 CIP Budget Advisory Commission (BAC) Chair Don Uram reviewed the commission’s report to the Council on the proposed 2009 to 2013 Capital Improvement Plan. Uram said the BAC met monthly from April through November. Staff from each department provided details of their 5-year capital improvement requests, including anticipated funding sources and justification for projects. Uram said that, in general, the projects were described in adequate detail and staff provided the commission with additional information when requested. Uram gave a brief overview of the BAC’s recommendations. Utility Infrastructure BAC found that utility infrastructure funding is stable; however, staff should consider raising rates to help cover depreciation. Conservation and alternative landscaping should be encouraged. Street and Roadway Capacity Funding will be a challenge, particularly in the Golden Triangle Area and the Major Center Area. The BAC recommends that staff consider charging businesses for capacity improvements. Special service districts in the GTA and MCA should be also considered. City Council Workshop Minutes November 18, 2008 Page 2 Pavement Management The BAC encourages the City to pursue a street utility through the legislative process to fund both pavement management and road projects. Facilities BAC recommends that staff continue to look at cost/efficiency payback as part of replacement criteria. BAC also recommends that projects be bid together whenever possible to obtain better pricing. Parks & Recreation BAC recommends staff consider cutting or delaying projects by some set amount (e.g., $2 million). BAC also recommends funding Miller Park Baseball Stadium out of cash park fees rather than the CIP fund. Jon Muilenburg, who was a member of the BAC Parks & Rec subcommittee, said that most questions the commission had regarding Parks & Rec projects were answered through meetings with Director Jay Lotthammer and his staff. He said the BAC does feel that Parks and Recreation needs, in particular, require ongoing evaluation. IT BAC feels it needs more information on the proposed transition from LOGIS and recommends considering a third party vendor/outsourcing for HR/Payroll software. BAC recommends conducting RFP processes to verify costs savings of software purchases. BAC also recommends staff explore “on-demand/on-line” offerings (“rental” of software) in addition to traditional software purchases. Vehicle and Equipment Replacement The BAC recommends staff quantify savings for lengthening vehicle life. Fire Projects-SCBA Equipment BAC recommends pursuing a lease option for this equipment. Police Projects – Remodeling BAC recommends staff consider pushing the project out if feasible. A report on staff responses to the commission’s recommendations was distributed, as well as a status report on the 2007 BAC recommendations. City Council Workshop Minutes November 18, 2008 Page 3 Discussion of BAC Recommendations Council Member Nelson said the City will need to consider the trade-off between requiring businesses to pay for additional capacity and economic development. She is said she is concerned about the recommendations in several areas calling for fee increases. Nelson said there also seems to be overlap between the work of the BAC and other commissions, particularly that of the Parks, Recreation and Natural Resources Commission. Uram said that the BAC looked at projects in relation to the Capital Improvement Plan and long term funding. King said the BAC only considered items related to budget. BAC Member Dick Proops said the presentation does not reflect a comprehensive review of the 2009-2013 document, which was distributed at the most recent BAC meeting. Kotchevar said the document is a compilation of all of the recommendations and findings the BAC gathered over the past eight months. II. BAC SUPPLEMENTAL COMMENTS ON THE 2009 BUDGET Uram said that although the BAC’s main charge in 2008 was to review and make recommendations on the 2009 to 2013 CIP, they had two additional recommendations for the City Council to consider. First, the BAC recommends cutting the 2009 operating budget to 2008 levels “in light of the current fiscal environment.” This would require a $2 million reduction in the proposed 2009 budget. Second, the BAC recommends setting a target balance for the Economic Development Fund. Any amount over the target would be transferred to the capital improvement fund. Council Member Duckstad asked if the BAC has specific recommendations on where the $2 million reduction in the operating budget would be made. Uram said that since the BAC’s charge was to examine the CIP, they have not looked at the 2009 budget line-by- line and do not have specific recommendations on it. BAC Member King asked if the City Council would like the BAC to develop some options. Young said if there were more time, he would like the BAC to recommend options. Nelson asked if the BAC looked at where the 2009 operating budget increases were. She said she recalls some of them being in areas that are not under City control, such as increased costs for benefits, fuel and heating. Uram said the BAC’s discussions were general. King said the biggest expense for an organization like the City is labor. He said many organizations are cutting planned increases. Proops said cutting the proposed budget at this point poses several problems. He said there is little time to identify areas to cut, some cost increases are unavoidable, and employees are also affected by the economy. He recommends offsetting the budget with cash received from the sale of City property to Presbyterian Homes. City Council Workshop Minutes November 18, 2008 Page 4 The City Council Members thanked the BAC for their time and effort over the past two years. Council Chamber III. OPEN PODIUM Barbara Karwaer urged the City Council to consider the value of the Dunn Bros./Smith Douglas More House as a historic landmark and a community meeting place when deciding on which lease proposal to accept. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 18, 2008 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 Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:04 PM. All Council Members were present. II. COLOR GUARD / PLEDGE OF ALLEGIANCE Young thanked Girl Scout Troop 10562, Prairie Star Service Unit from Prairie View Elementary School, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added a couple of items and changes to Item XIV.B. He said Item V.A. PROCLAMATION RECOGNIZING 40TH ANNIVERSARY OF THE EDEN PRAIRIE CHAMBER OF COMMERCE will be moved to the December 1 agenda. He added Item XIV.A.2. John Duckstad – Community Center. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 5-0. V. PROCLAMATIONS / PRESENTATIONS A. PROCLAMATION RECOGNIZING 40TH ANNIVERSARY OF THE EDEN PRAIRIE CHAMBER OF COMMERCE (Continued to December 1, 2008) B. MILLER PARK BARRIER FREE PLAY AREA DONATION Lotthammer said Mike and Jennifer Garvin and a volunteer fundraising committee recently conducted a fundraising event. They were able to raise additional funds for the remainder of the items in Phase I of the Miller Park Barrier Free Play Area both from that event and from donations on their website. He said tonight Mr. Garvin CITY COUNCIL MINUTES November 18, 2008 Page 2 will present a check to the City in the amount of $76,651.43. He noted this will be in addition to the $134,369 check presented to the City by Mr. Garvin on August 19, 2008. Lotthammer presented diagrams and slides of the master plan details for the barrier free play area. He said it was designed as a phased plan, and there were alternates included in the bidding process. He said the contribution tonight will enable us to put all the alternates for Phase I in place this spring. He said Phases II and III are several years off, and we will pursue fund raising and grant oppotunities for those areas. Mike Garvin said this project started over two years ago, and the dream is starting to become a reality now. He thanked the City for all their support. Their recent event was attended by over 200 people who helped to support the park by making donations and purchasing pavers. He noted their website is still up, and they continue to receive donations on that. Young accepted the check for $76,651.43 from Mr. Garvin. He said the Council is very appreciative of the efforts of Mr. Garvin and his family. Aho noted this is the type of thing that makes Eden Prairie a great community when people give their time, money and talents to a great cause. MOTION: Nelson moved, seconded by Aho, to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of $76,651.43 to assist with funding for phase 1B of the Miller Park Barrier Free Play Area. Motion carried 5- 0. C. ART CENTER FUND RAISING UPDATE Lotthammer said Stacey Desai, Chair of the Friends of the Eden Prairie Art Center, was unable to attend the meeting tonight so he will give an update on the fund raising efforts. He said $3,500 has been raised to date mostly from individual contributions. Several fund raising events have been held primarily to raise awareness of the Art Center. An anonymous donor has pledged $25,000 to be contributed once the building is open and operational. We just learned that the Eden Prairie Foundation has awarded a grant for $8,500 to fund the pottery studio upon completion of building upgrades and opening the building to the public. He said Ms Desai has heard from several people who would be more comfortable contributing if they had assurances the building would be opened and would be used as an Art Center. He noted the Council packets include a summary of the fund raising efforts through grants and foundations. He said the grant application process comes along in a staggered time frame. Young thanked him for the report and encouraged the Friends of the Eden Prairie Art Center in their fundraising efforts even though these are challenging times. VI. MINUTES CITY COUNCIL MINUTES November 18, 2008 Page 3 A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 21, 2008 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, October 21, 2008, as published. Motion carried 5-0. B. OPEN PODIUM HELD TUESDAY, OCTOBER 21, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the Open Podium held Tuesday, October 21, 2008, as published. Motion carried 5-0. C. SPECIAL CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 10, 2008 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Special City Council meeting held Monday, November 10, 2008, as published. Motion carried 3-0-2, with Duckstad and Butcher abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION UPDATE Rick King, Chair of the Flying Cloud Airport Advisory Commission, gave a brief update on recent activities of the Commission. He introduced Commission members present tonight and noted they have two student members for the first time this year. He said the Commission worked with the Metropolitan Airport Commission (MAC) in March to include Flying Cloud Airport in the multilateration project in order to help provide more accurate flight paths and take a better look at early and late traffic hours. He said that cost a little extra money for MAC, but it will serve us well. In May the Commission issued their security report, and they recommended that report be done every other year going forward. In May the FAA released the record of decision that allowed the start of construction projects at the airport that had been on hold for a long time. In order to provide information on those projects, the Commission conducted a special meeting at the Hennepin Technical College that was attended by 230 people. King said the Commission met with business owners in July and had a tour of the airport. He said our local MAC representative, Commissioner Molly Segal, addressed the Commission in September. In October sewer and water was put in along Pioneer Trail and that was followed by new fencing along the roadway. They are now doing hookups to the underground sewer and water lines. A number of the older hangars have been sold and some will be replaced. King noted the north parallel runway was extended to 3900 feet in October. Next year the south parallel runway will be extended to 5000 feet. He said one of the things that came up at a Council meeting was to have them take a look at what else the Commission could do about night time noise during the voluntary curfew time between the hours of 10:00 PM and 7:00 AM. He said they met with MAC about that, and MAC will formally ask the FAA to do some things at the airport. He CITY COUNCIL MINUTES November 18, 2008 Page 4 noted the FAA cannot make a voluntary curfew into a mandatory one because of its use as a public facility. He said they plan to meet with each of the operators at the airport to get their ideas for ways to reduce noise. They plan to ask the FAA to study whether the tower hours could be modified. He noted when the tower is closed at night the north parallel runway is also closed. Next summer the profiles will be altered because of the construction on the south parallel runway and they plan to distribute information to residents about that project. He reviewed the noise complaints received, noting that five households accounted for 53% of the complaints in the latest reporting period. He said there was a cargo group based out of Flying Cloud Airport during the Republican National Convention, and many complaints were filed during that time. He said flight operations this year have been about the same as last year and are lower than in 2006. The Commission is working with the Planning Commission on the airport zoning declaration that will be included in the new Comprehensive Plan. Butcher commented the report was very impressive. Young said the Commission has exceeded the Council’s expectations when the Commission was reactivated. He thought the public meeting in June was very impressive. He thanked Mr. King and the Commission for their work. VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION 2008-105 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 5TH ADDITION C. BROOKVIEW RIDGE (Approve First Amendment to Development Agreement) D. ENCLAVE AT OLD SHADY OAK (Approve First Amendment to Development Agreement) E. ADOPT RESOLUTION 2008-106 DECLARING PROPERTY “ABANDONED” F. APPROVE CHANGE ORDERS NO. 1, 2 AND 3 FOR WEST 78T STREET WATER MAIN REPLACEMENT PROJECT TO ELLINGSON DRAINAGE, INC. G. AWARD CONTRACT FOR CONSTRUCTION OF MUNICIPAL WELL NO. 16 FACILITIES TO ENCOMM MIDWEST, I.C. 08-5731 H. 2009 FUEL PURCHASE CONTRACTWITH THE STATE OF MINNESOTA I. ACCEPT REQUEST FOR WITHDRAWAL FROM VERIZON WIRELESS FOR RELOCATION OF PROPOSED WIRELESS TOWER AND ANCILLARY CITY COUNCIL MINUTES November 18, 2008 Page 5 STRUCTURE TO ANOTHER SITE WITHIN RILEY LAKE PARK AND RETURN PLANS TO PROPONENT WITHOUT PREJUDICE MOTION: Duckstad moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. 2008 GUIDE PLAN APPROVAL (Resolution 2008-107) Neal said official notice of this public hearing was published in the November 2, 2008, Eden Prairie News. Before the 2008 Guide Plan is submitted to Metropolitan Council, the Planning Commission and City Council must approve the plan. The Planning Commission recommended 7-1 to approve the plan at its October 27, 2008, meeting. The plan contains an executive summary with a chapter by chapter explanation of the changes in the plan. In general, the plan changes can be summarized as follows. 1. Development of a Town Center in the Major Center Area. 2. Development of mixed land used in Golden Triangle. 3. Increased population by 2030 to 77,124 (+15,037). 4. Increased number of households by 2030 to 32,961 (+8,986). 5. Increased employment by 2030 to 65,500 (+14,200). 6. Additional senior and affordable housing units in the MCA. 7. An alternative light rail alignment to serve the MCA, Town Center, and Golden Triangle. 8. The airport chapter is now part of the transportation chapter. In the last update it was a separate chapter. The update recommends that the airport be guided “Airport” rather than its current “Public” designation. An airport zoning district and regulations will need to be developed. 9. A new chapter called economic development which includes the Council’s current economic development policies as well as new ones for the MCA and Golden Triangle. 10. A new chapter called Active Community Planning which contains policies for creating a more physically, socially and environmentally healthy community. Minnesota law outlines the following sequence for submitting a comprehensive plan to the Metropolitan Council: Step 1: Submit plans to affected jurisdictions (generally adjacent cities, counties, school districts, watershed districts and airport commissions, etc.) for a 6 month review. (complete) Step 2: The Planning Commission approves the guide plan update. (complete) Step 3: The City Council gives its preliminary approval, subject to Metropolitan Council review, and authorizes its submittal to the Metropolitan Council. Step 4: The Metropolitan Council takes 15 days to determine if the guide plan CITY COUNCIL MINUTES November 18, 2008 Page 6 update is complete for review. Step 5: If the update is complete, the Metropolitan Council has 120 days to complete its review and make a recommendation. Step 6: Within 9 months of Metropolitan Council approval the City must formally adopt its plan. Jeremiah said most discussions and public input over the past four years have centered on the concept of creating a Town Center. Four years ago the Council appointed a task force to look at that area and meet with representatives of the property owners and City representatives. Four surveys were completed during that process, all of which indicated the most important initiative for the City is to develop a compact, walkable Town Center in that area. The Major Center Area (MCA) study was completed in January 2006 and was instrumental in the Town Center Phase I development, which included Windsor Plaza, Presbyterian Homes and Gander Mountain. She said the quality of life survey completed in 2007 indicated one of the few issues facing Eden Prairie is the lack of a downtown. The Planning Commission worked on the MCA study to see what it meant and how we could implement it. They helped develop the Town Center guidelines which are the basis for amendments to the Comprehensive Guide plan. In August this year staff met individually with representatives of the property owners in the area to make sure they were aware we were continuing to implement the MCA study. Staff received a lot of positive comments from the property owners and tenants with regard to the City taking this initiative and insuring the future viability of the area. Jeremiah said there have been some changes to the plans for the WalMart property recently, and WalMart representatives have expressed some concerns. Staff feels these concerns can be addressed within the parameters of the Comprehensive Plan amendments. They are working with WalMart to make sure the interests in the City and the community can be realized, and WalMart can remain and still have a viable business. We have been working to set up a meeting with them, and that will be held on December 2. Jeremiah said tonight’s action is subject to the Metropolitan Council’s approval of the Comprehensive Plan, so we cannot formally adopt the plan until after we receive their approval. No rezoning of properties would take effect until after the plan was approved. She noted this will give us additional time to better understand WalMart’s position and their future plans for the property. Young asked if any changes to the Guide Plan that occur after we have given preliminary approval have to go to the Metropolitan Council as well. Jeremiah said the Met Council makes a determination if it is a minor change or if the Met Council needs to approve it. She noted we send any changes to the Met Council at any time we update the plan or make changes to an individual property. Duckstad asked how often we have to update the Comprehensive Plan. Jeremiah said it is guided by statute to be updated every ten years, but we can update it more frequently as we respond to requests for changes. CITY COUNCIL MINUTES November 18, 2008 Page 7 Susan Steinwall, attorney representing WalMart, confirmed that they are meeting by conference call with staff on December 2. They have also had conversations with staff prior to this time. Her client has concerns but likes doing business in Eden Prairie. They have asked that the Comprehensive Plan be amended so that the WalMart site is no longer shown as part of the proposed Town Center area and that the transportation component of the plan would no longer show the north/south connector road that would bisect the site. Young said it is important for the City to continue its discussions with WalMart. He said it is not the policy of the City Council or the City to push any company out of this town. If the Comprehensive Guide Plan would change the zoning, it doesn’t preclude WalMart from continuing to do business as a nonconforming use. He asked if WalMart has a plan for that location that would be different from the expectations of the City discussed in the Comprehensive Plan. Ms Steinwall replied she understands the City has already adopted a new zoning district for the Town Center area. The expectation is that the new zoning district would be applied to the Town Center area which would include the WalMart site. The WalMart site would then be termed “nonconforming.” She said the vision of use of retail space within the Town center area would be different from that of services provided by WalMart. WalMart is more aligned with the Eden Prairie Mall in terms of attracting regional shoppers. Therefore WalMart would be out of synch with the zoning and with the Comprehensive Plan. She said their plans are to stay put and to continue to do business as WalMart has done in the past. She said no client likes to be a nonconforming use, and it is important the building match up with the City’s official controls. Young said it could remain as a nonconforming use in perpetuity. Ms Steinwall said, under most nonconforming use ordinances, if there were to be a casualty event it would be difficult to rebuild, and that would be a huge concern for a multi- million dollar investment. The building is considerably larger than the maximum building size allowed in the proposed Town Center area. Rosow said under the nonconforming use statute any nonconforming use destroyed by fire to greater than 50% of the value has a period of time under the statute to apply for a building permit and can rebuild free of the current zoning that made them nonconforming. Aho asked if that would apply to catastrophic events other than fire. Rosow said it states by fire or other peril. Nelson asked if there are likely to be any more changes because she served on the original committee and thought WalMart’s reaction was positive at that time. Ms Steinwall said WalMart has changed its approach to domestic expansion in the last few years, and just recently the CEO announced the emphasis will be on remodeling and updating property and staying in place. Previously WalMart was on a very ambitious plan to build a lot of new stores in new locations. The letter provided to the City was signed by the man who makes the decisions, so she did not anticipate any further changes. Nelson said she was a little confused when she read the letter and remembered some of the comments made when she served on the original committee. CITY COUNCIL MINUTES November 18, 2008 Page 8 Young said the points raised are important not only to WalMart but to other property owners in the area. Part of the City’s obligation is to look forward in our land use plans while being respectful to the businesses that are currently located in the City. He encouraged staff to continue discussions with WalMart because they are an important business in town as well as a taxpayer. MOTION: Butcher moved, seconded by Aho, to close the public hearing. Motion carried 5-0. MOTION: Butcher moved, seconded by Nelson, to adopt Resolution 2008-107 for approval of the 2008 Guide Plan Update Plan. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 1, AND OUTLOT A, EDEN BLUFF HIGHLANDS, 3RD ADDITION, Vacation 08-04 (Resolution 2008-108) Neal said official notice of this public hearing was published in the October 30, 2008, Eden Prairie News and sent to two property owners. The property owners have requested the vacation of a portion of the drainage and utility easements to facilitate replatting of the lots to Eden Bluff 5th Addition. The portion of the drainage and utility easements to be vacated were originally dedicated with the Eden Bluff Highlands 3rd Addition plat and will no longer be required with the dedication of the Eden Bluff 5th Addition plat. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Eden Bluff 5th Addition. He noted this is considered a housekeeping item. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the public hearing and to adopt Resolution 2008-108 vacating a portion of the drainage and utility easements lying over, under and across Lot 1, Block 1, and Outlot A, Eden Bluff Highlands 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, 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 XIII. APPOINTMENTS A. BUDGET ADVISORY COMMISSION CITY COUNCIL MINUTES November 18, 2008 Page 9 Neal said the City advertised for two vacancies on the Budget Advisory Commission, (BAC) with applications being taken from September 17 through October 3, 2008. Ten applicants applied for consideration to the BAC. Interviews for the BAC were held in lieu of the City Council workshop on Tuesday, October 21, 2008. A new BAC orientation session will be held in November or December 2008 in advance of the start of the new BAC Commission terms scheduled to begin on January 1, 2009. MOTION: Butcher moved, seconded by Nelson, to appoint to the Budget Advisory Commission for four-year terms Richard King, John Muilenburg, Don Uram, and Eapen Chacko, with terms to begin January 1, 2009, and end December 31, 2012. Motion carried 5-0. MOTION: Duckstad moved, seconded by Butcher, to appoint to the Budget Advisory Commission for two-year terms Richard Proops, Gwen Schultz, and Annette Agner, with terms to begin January 1, 2009, and end December 31, 2010. Motion carried 5-0. Young said there were an abundance of qualified applicants so this was a difficult decision to make. He encouraged all those who were not appointed to continue their interest in service to the City. B. BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR MOTION: Aho moved, seconded by Nelson, to appoint Don Uram - Chair and Richard King - Vice Chair of the Budget Advisory Commission. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Kathy Nelson – 2008 General Election Nelson said she wanted to talk about the 2008 election and to formally thank Kathleen Porta for all her hard work in the election. She noted people may not realize how much goes into the election process. Ms Porta has put in many hours above and beyond the normal work days. Young said those were good comments. He thought we should also thank all the election judges and others involved in the election process. 2. John Duckstad – Community Center Duckstad said Mayor Young gave a helpful explanation about the Community Center at the last meeting. There have been some lingering doubts as to the final cost of the project, and he thought the Mayor’s comments helped dispel some of those doubts. He suggested the Council consider asking the City Manager to prepare an update on everything that has been done at the Community Center and detailing the various projects CITY COUNCIL MINUTES November 18, 2008 Page 10 included. There were a lot of additional projects added to it that drove the cost up. He thought an update of the costs along with a procedural history of what happened would be helpful to the citizens of Eden Prairie. He also suggested putting a user-friendly article in Life in the Prairie to let everyone know what happened. Young said it is important for us to be clear in our communications about what actions we have taken and what dollars we are spending. Every year we allocate dollars from the capital funds for parks projects, and last year some of those projects were in the vicinity of the Community Center. He thought it would be a good idea for the Council to always be very clear on how we spend taxpayers’ dollars. Neal said staff will prepare the update. He said they have been working on a final reconciliation of the construction projects and will be able to share that information with the Council in December. B. REPORT OF CITY MANAGER 1. Award Police and Fire All-in-One Solution RFP to New World Systems Neal said a team from the IT, Police and Fire Departments has been working on this item for a long time to figure out our needs, find the vendors, get references and make site visits. Unfortunately we have reached a critical impasse in our contract discussions with the preferred vendor. He asked that the item be continued until the December 1 meeting so they can continue negotiations with the vendor in the hopes of reaching a mutually agreeable solution. MOTION: Duckstad moved, seconded by Butcher, to continue this item to the December 1, 2008 meeting. Motion carried 5-0. 2. Proposed Highway 169 Coalition Neal said Eden Prairie has been invited to participate in the newly-forming Highway 169 Coalition to advocate for improvements to Highway 169. He participated in a discussion with city officials from other cities along the corridor in the early summer, and the most important project in their view was the intersection at Highway 494 and 169. He said it would cost about $5,000 for an annual membership in the coalition. He asked the Council to give some consideration to that, and noted we will have to give them a decision by the final meeting of 2008. 3. Update on Issue Regarding Hennepin South Services Collaborative Neal said the Hennepin South Services Collaborative is reaching a critical point in their budget for 2009. There is a county action being contemplated that would have a positive impact on their budget, and they are looking for CITY COUNCIL MINUTES November 18, 2008 Page 11 elected officials to contact county officials about that. Neal said he told them he would pass their letter along to Council Members tonight. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Smith Douglas More House Proposals Jeremiah said back in August the Council directed staff to seek additional lease proposals for the property on the open market. Dave Lindahl has been diligently working on that and has done a lot of marketing efforts. There were a couple of proposals received by the November 6 deadline. One is a French restaurant concept and the other is the existing tenant, Puregrace LLC, who is operating the Dunn Bros coffee shop. She said the proposal from the Dunn Bros tenant would net out $5,000 more per year than the French restaurant and Puregrace is not asking for any assistance with upgrades to the property. Young said he took a look at the proposals over the weekend, and he thought that the proposal from the existing tenant is a superior proposal over that of Café Ficelle. It is also superior in its terms to the proposal we received from Puregrace in August. He also believed more important than that is the fact that the City Council did what it should have done a year ago when it was asked for a substantial rent reduction. These terms are substantially less than the terms we had two years ago. When we receive a proposal that is substantially less, we should at least go to the market so we can tell taxpayers why the rent was reduced. Aho said the Council has received a lot of input from a lot of residents on this project and the process involved, and he appreciated all the input received. He echoed Mayor Young’s comments, and also thought the Dunn Bros proposal is superior both in its monetary terms and from a community standpoint in its use as a public meeting space. Butcher said she wished the process had not happened quite the way it did, and there was some divisiveness in the community that did not speak well of the process we used. She said she will support the Puregrace proposal. To her this was not just a financial decision, and she thought the Dunn Bros proposal offered much more to the community than just a business. Nelson was delighted to see the new proposal from Puregrace. She believes they do a wonderful job with one of our historic homes every day of the week. She thanked them for all the things they do for the community and the opportunities they provide. She said she definitely planned to support this item, and encouraged all residents to take an opportunity to buy a cup of coffee there. Duckstad thought our obligation was to go out and get the best lease terms we could get, and we accomplished that. CITY COUNCIL MINUTES November 18, 2008 Page 12 MOTION: Butcher moved, seconded by Nelson, to accept the Puregrace LLC proposal for lease of the Smith Douglas More House and to authorize staff to pursue a lease with Puregrace LLC. Motion carried 5-0. 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 MOTION: Aho moved, seconded by Butcher, to adjourn the City Council meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:30 PM. CITY COUNCIL AGENDA SECTION: DATE: December 1, 2008 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental ITEM DESCRIPTION: IC# 99-5501 Local Water Management Plan (LWMP) Update ITEM NO.: VIII.A. Requested Action Move to: Adopt the Local Water Management Plan Update, and Approve submittal of the Local Water Management Plan with the Comprehensive Guide Plan Update. Synopsis The Metropolitan Council requires that the City’s Local Water Management Plan (LWMP) be updated prior to review of the City’s Comprehensive Guide Plan Update. The LWMP update was completed as a staff-level review and update. The primary essence of the update is the incorporation by reference all the plans and studies approved by City Council over the past 4 years. In addition, the Capital Improvement Plan (CIP) was updated for the period from 2008 through 2012. The major funding source for the CIP is the stormwater utility fund with supplemental funding from sources such as the Watershed Districts and the Water Utility Fund. The LWMP will be updated through a more comprehensive public review process in 2009 as a result of the Nine Mile Creek Watershed District completion of an update of their Water Management Plan in 2008. The City has 1-1/2 years to update the LWMP after each District’s water management plan is completed. Staff expects that some substantive modifications to our LWMP will result, since the Nine Mile Creek Watershed District has established permitting requirements that will necessitate changes in City Code in order to provide a uniform application of best practices and requirements across the community. Background Information The City adopted a Local Water Management Plan (LWMP) in December 2004. The Metropolitan Council has requested that the LWMP be updated to reflect current information as part of the Comprehensive Guide Plan Update. The LWMP was developed to consolidate information on our overall surface water management objectives, including management of our lakes, wetlands, stormwater ponds and creeks. The LWMP is also intended to meet the requirements outlined in the Water Management Plans developed by the Watershed Districts within the City as well as provide the City the opportunity to review our local controls and water resource management activities. An Implementation Plan and Capital Improvement and Funding Plan are included in the LWMP. Plan Update References The following plans have been updated since the LWMP was completed in 2004. The LWMP Update includes reference to these plans. • Stormwater Pollution Prevention Plan (SWPPP) (May 2006) • Nondegradation Plan – Agency Review Draft (August 2007) • Nine Mile Creek Watershed District (NMCWD) Water Management Plan (2007) Administrative and regulatory requirements have also changed since 2004. The following provisions are also incorporated into the LWMP Update. • Stormwater Utility Fee changes (2008) • Local Government Unit (LGU) administration changes (March 2008) • Land Alteration, Stormwater Management and Tree Preservation Ordinance revisions (February 2006) • Wetland Protection Ordinance revisions (March 2008) • Nine Mile Creek Watershed District Rule revisions (March 2008) • Total Maximum Daily Load (TMDL) studies (currently underway) ‚ Nine Mile Creek watershed ‚ Bluff Creek watershed (includes a branch of Bluff Creek that flows through the Lower Minnesota River corridor in Eden Prairie) The Riley-Purgatory-Bluff Creek Watershed District and Lower Minnesota River Watershed District (LMRWD) have begun the process of updating their Water Management Plans. When these plans have been completed, the City will need to amend the LWMP to incorporate any changes in Watershed District requirements. This amendment(s) would go through the Planning Commission and City Council for approval, and will include a public comment period. The current update will be handled as a staff update to the LWMP. Staff can incorporate minor changes into the LWMP as needed. Comments will be accepted for consideration during Comprehensive Guide Plan Update review process for incorporation during the watershed district plan updates. Attachments • Attachment 1 – Local Water Management Plan Update (Redline Copy) • Attachment 2 –LWMP Budget 2008 – 2012 (Stormwater Utility Fee) • Attachment 3 – Future Land Use Map (2030) Local Water Management Plan City of Eden Prairie, Minnesota Revised November 2008 Eden Prairie Historical Society City of Eden Prairie, Minnesota Local Water Management Plan Prepared By: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 Telephone: (763) 479-4200 Fax: (763) 479-4242 Wenck File: 0094-19 Approved December 2004 Revised November 2008 Local Water Management Plan Revised November 2008 - 1 - TABLE OF CONTENTS LIST OF ABBREVIATIONS/ACRONYMS ................................................................................................................ 3 1.0 EXECUTIVE SUMMARY ................................................................................................................................ 4 1.1 PURPOSE ................................................................................................................................................... 4 1.2 RELATIONSHIP TO OTHER CITY PLANS ..................................................................................................... 5 1.2.1 Local Drainage Plan Update (LDPU) - 1999 ................................................................................ 5 1.2.2 Comprehensive Wetland Protection and Management Plan (CWPMP) - 1999 ............................ 5 1.2.3 Storm Water Pollution Prevention Program (SWPPP) – 2003 (Revised 2006) ............................ 5 1.2.4 Nondegradation Assessment: Final Agency Review Draft - 2007 ............................................. 65 1.3 RELATIONSHIP TO OTHER REGULATORY AGENCIES ................................................................................. 6 1.4 SUMMARY OF RESULTS ............................................................................................................................. 6 1.4.1 Water Resources Classification Identification............................................................................. 76 1.4.2 Stormwater Basin Inventory .......................................................................................................... 7 1.4.3 Implementation Plan ..................................................................................................................... 7 1.4.4 Development Review Guidelines .................................................................................................. 7 1.4.5 Maintenance Plan .......................................................................................................................... 7 1.5 WORK PRODUCTS ..................................................................................................................................... 7 1.6 PLANNING COMMITTEE............................................................................................................................. 8 2.0 REGULATORY FRAMEWORK ...................................................................................................................... 9 2.1 CITY OF EDEN PRAIRIE’S CURRENT NATURAL RESOURCE PROTECTION METHODS .................................. 9 2.2 STATE AGENCY REGULATORY FRAMEWORK ............................................................................................ 9 2.2.1 Metropolitan Council (Met Council) ............................................................................................. 9 2.2.2 Minnesota Pollution Control Agency (MPCA) ....................................................................... 1011 2.2.3 Minnesota Department of Health (MDH) ............................................................................... 1011 2.2.4 Minnesota Department of Natural Resources (DNR) .............................................................. 1011 2.2.5 Watershed Management Organizations (WMOs) / Watershed Districts (WDs) ..................... 1112 2.3 WATER RESOURCE RELATED AGREEMENTS ....................................................................................... 1112 2.4 WETLAND CONSERVATION ACT / STORMWATER MANAGEMENT PERMITTING RESPONSIBILITIES ...... 1112 2.5 NPDES STORMWATER PROGRAM PHASE II ........................................................................................ 1214 2.5.1 Nondegradation Assessment ................................................................................................... 1214 2.6 RELATION OF LWMP TO GOALS AND POLICIES OF LOCAL, REGIONAL, STATE, AND FEDERAL PLANS1315 2.7 USE ATTAINABILITY ANALYSES ......................................................................................................... 1315 3.0 LAND AND WATER RESOURCE INVENTORY..................................................................................... 1517 3.1 PHYSICAL ENVIRONMENT ................................................................................................................... 1517 3.1.1 Landscape Units ...................................................................................................................... 1517 3.1.2 Geology ................................................................................................................................... 1517 3.1.3 Soils ......................................................................................................................................... 1517 3.2 BIOLOGICAL ENVIRONMENT ............................................................................................................... 1517 3.3 HUMAN ENVIRONMENT ...................................................................................................................... 1618 3.3.1 Land Use ................................................................................................................................. 1618 3.3.2 Parks, Open Space, Recreational Facilities ............................................................................. 1618 3.3.3 Pollutant Sources ..................................................................................................................... 1618 3.4 HYDROLOGIC SYSTEMS / WATERSHEDS.............................................................................................. 1719 3.4.1 Riley-Purgatory-Bluff Creek Watershed District .................................................................... 1820 3.4.2 Nine Mile Creek Watershed District ....................................................................................... 1921 3.4.3 Lower Minnesota River Watershed District ............................................................................ 2022 3.5 CLIMATOLOGICAL AND PRECIPITATION DATA .................................................................................... 2022 3.6 GROUNDWATER DATA ........................................................................................................................ 2123 3.7 FLOOD DATA ...................................................................................................................................... 2123 3.7.1 Floodplain ............................................................................................................................... 2123 3.7.2 Localized Flooding Issues ....................................................................................................... 2224 3.8 WATER QUALITY MONITORING .......................................................................................................... 2224 4.0 ASSESSMENT METHODOLOGY ............................................................................................................. 2325 Local Water Management Plan Revised November 2008 - 2 - 4.1 GOAL AND POLICY DEVELOPMENT ..................................................................................................... 2325 4.2 STORMWATER POND INVENTORY ....................................................................................................... 2325 4.3 WATER BODY INVENTORY UPDATE .................................................................................................... 2426 4.3.1 Aerial Photograph Review ...................................................................................................... 2527 4.3.2 Minnesota Routine Assessment Method (MnRAM) Analysis ................................................ 2527 4.4 WATER QUALITY MODELING ............................................................................................................. 2527 4.4.1 Rice Marsh Lake and Lake Riley (Riley-Purgatory-Bluff Creek) ........................................... 2628 4.4.2 Birch Island Lake (Nine Mile Creek) ...................................................................................... 2628 4.4.3 Round Lake (Riley-Purgatory-Bluff Creek) ............................................................................ 2729 4.4.4 Smetana Lake (Nine Mile Creek) ............................................................................................ 2729 4.4.5 Bryant Lake (Nine Mile Creek) .............................................................................................. 2729 4.4.6 Northwest and Southwest Anderson Lake (Nine Mile Creek) ................................................ 2729 4.5 ASSESSMENT OF PROBLEMS, ISSUES AND OPPORTUNITIES ................................................................. 2729 4.6 IMPLEMENTATION PLAN PRIORITIZATION ........................................................................................... 2830 4.7 WORK CATEGORIES ............................................................................................................................ 2931 4.8 FINANCIAL EVALUATION .................................................................................................................... 3032 4.9 REPORT ASSUMPTIONS ....................................................................................................................... 3032 5.0 ASSESSMENT RESULTS........................................................................................................................... 3234 5.1 STORMWATER POND INVENTORY ....................................................................................................... 3234 5.2 WATER BODY INVENTORY UPDATE .................................................................................................... 3234 5.3 WATER QUALITY ................................................................................................................................ 3335 5.3.1 Water Quality Modeling .......................................................................................................... 3436 5.3.2 Water Quality Goals ................................................................................................................ 3537 5.4 USE ATTAINABILITY ANALYSES ......................................................................................................... 3739 5.4 EDUCATION AND OUTREACH EFFORTS ............................................................................................... 3840 6.0 IMPLEMENTATION PLAN ....................................................................................................................... 4042 6.1 RESPONSIBILITIES ............................................................................................................................... 4042 6.2 PERMITTING AND ENFORCEMENT ....................................................................................................... 4042 6.2.1 City .......................................................................................................................................... 4042 6.2.2 Riley-Purgatory Creek-Bluff Creek Watershed District .......................................................... 4244 6.2.3 Nine Mile Creek Watershed District ....................................................................................... 4244 6.2.4 Lower Minnesota Watershed District ...................................................................................... 4345 6.3 IMPLEMENTATION PROJECTS .............................................................................................................. 4345 6.4 DEVELOPMENT AND REDEVELOPMENT STANDARDS ........................................................................... 4345 6.5 PROBLEMS, ISSUES AND OPPORTUNITIES ............................................................................................ 4446 7.0 DEVELOPMENT REVIEW GUIDELINES ................................................................................................ 4749 8.0 EDEN PRAIRIE MAINTENANCE GUIDELINES .................................................................................... 4850 9.0 FUNDING CONSIDERATIONS ................................................................................................................. 4951 9.1 STORMWATER UTILITY FEES .............................................................................................................. 4951 9.1.1 Implementation Plan (IP) Expenditures .................................................................................. 4951 9.1.2 Proposed Fee Structure ............................................................................................................ 5052 9.1.3 Comparison of Residential Stormwater Utility Fee Structures ............................................... 5052 9.2 WATERSHED DISTRICT FUNDING ........................................................................................................ 5153 9.3 OTHER FUNDING SOURCES ................................................................................................................. 5153 10.0 AMENDMENT PROCEDURES.................................................................................................................. 5254 10.1 PUBLIC REQUESTS FOR AMENDMENT ................................................................................................. 5254 10.2 STAFF AMENDMENTS .......................................................................................................................... 5254 11.0 ACKNOWLEDGEMENTS .......................................................................................................................... 5355 APPENDIX A - FIGURES .......................................................................................................................................... A APPENDIX B - TABLES ............................................................................................................................................ B APPENDIX C – LAKE DATA & INFORMATION SHEETS .................................................................................... C Local Water Management Plan Revised November 2008 - 3 - LIST OF ABBREVIATIONS/ACRONYMS Abbreviation Definition Abbreviation Definition BMP Best Management Practice (See IMP) MCM Minimum Control Measure BWSR Minnesota Board of Water and Soil Resources MEP Maximum Extent Practicable CAMP Citizen’s Assisted Lake Monitoring Program MVNWR Minnesota Valley National Wildlife Refuge CFR Code of Federal Regulations MWH Montgomery Watson Harza CIP Capital Improvement Program NOI Notice of Intent City City of Eden Prairie NPDES National Pollution Discharge Elimination System COE U.S. Army Corps of Engineers NRCS National Resource Conservation Service CWA Clean Water Act NURP Nationwide Urban Runoff Program CWPMP Comprehensive Wetland Protection and Management Plan NWC New Wetland Credit DWSMA Drinking Water Supply Management Area NMCWD Nine Mile Creek Watershed District EPA Environmental Protection Agency OHWL Ordinary High Water Level GIS Geographic Information System (ArcViewtm) PEC Peterson Environmental Consulting, Inc. GP General Permit RPBCWD Riley-Purgatory-Bluff Creek Watershed District IMP Integrated Management Practice (see BMP) RMP Runoff Management Plan IP Implementation Plan SCS U.S. Department of Agriculture - Soil Conservation Service LDPU Local Drainage Plan Update SWCD Soil and Water Conservation District LGU Local Governmental Unit SWPPP Storm Water Pollution Prevention Plan LMRWD Lower Minnesota River Watershed District USFWS U. S. Fish and Wildlife Service LWMP Local Water Management Plan Task Force Water Management Planning Task Force – Citizen’s Advisory Panel MDH Minnesota Department of Health WCA Minnesota Wetland Conservation Act MDNR/DNR Minnesota Department of Natural Resources Wenck Wenck Associates, Inc. MECA Minnesota Erosion Control Association WD Watershed District MEP Metro Environmental Partnership WHPA Wellhead Protection Area MnRAM Minnesota Routine Assessment Method WHPP Wellhead Protection Plan MN/Minn. Minnesota WMO Watershed Management Organization MPCA Minnesota Pollution Control Agency WOMP Watershed Outlet Monitoring Program MS4 Municipal Separate Stormwater System Local Water Management Plan Revised November 2008 - 4 - 1.0 EXECUTIVE SUMMARY Water quantity and water quality are both important considerations in our City during both development review and planning for the future. This Local Water Management Plan (LWMP) was developed to provide the City of Eden Prairie with information and direction regarding the administration and implementation of water resource management activities within the City and to provide a guide to projects, effective allocation of resources, and evaluation of funding issues in the short and long term over the next 5 to 10 years. Figure 1 in Appendix A illustrates political, municipal, and water resource features in the City. 1.1 Purpose The City of Eden Prairie adopted a This LWMP, which covers the period 2005-2014, in 2004 was developed to fulfill the requirements of Minnesota Statutes 103B.235 and Minnesota Rules 8410.0160-8410.0170. It is intended to be a summary of the city’s water resource management goals and policies, and strategies, including development of a capital improvement program and review of local controls. The City intendsintent was to manage its water resources consistent with the requirements of the three watershed districts having land within its borders: Nine Mile Creek Watershed Management District: Riley-Purgatory-Bluff Creek Watershed Management District; and Lower Minnesota River Watershed Management District. The City is currently undergoing an update to the Comprehensive Plan. As part of this update, the City was requested to modify the LWMP to include current programs and requirements. The City will be starting a review process in 2009 to update the LWMP as Nine Mile Creek Watershed District completed their Water Management Plan update in 2007 and Riley-Purgatory-Bluff Creek Watershed District intends to complete their update in 2009. Since the 2004 LWMP was completed, a number of technical revisions have occurred that were incorporated into this report. This includes items such as: This 2008 LWMP revision updates the LWMP to include information regarding Impaired Waters/TMDLs and the City’s Nondegradation assessment as well as updated land use and other data. Stormwater Pollution Prevention Plan (SWPPP) (May 2006) Draft Nondegradation Plan (August 2007) Nine Mile Creek Watershed District (NMCWD) Water Management Plan Update (2007) Local Government Unit (LGU) administration changes (March 2008) Land Alteration, Tree Preservation and Stormwater Management Regulations revisions (February 2006) Standards for Wetland Protection revisions (March 2008) NMCWD Rules revisions (March 2008) A Water Management Planning Task Force (Task Force) was established by the City Council during the 2004 LWMP planning process to review water resource issues and goals within the City. Agency and watershed district representatives were invited to attend and review information at the Task Force meetings. Local Water Management Plan Revised November 2008 - 5 - The Task Force reviewed the City’s water resources and concluded that the primary assets of the City centered on our lakes and their watershed resources. The primary goal of the LWMP is to manage these resources in an effort to maintain or improve the condition of our lakes, providing opportunities for recreation, wildlife habitat preservation and restoration, and protection of property values associated with the lakes, ponds, wetlands and streams that are a part of each watershed. The Use Attainability Studies (UAAs) conducted by the Watershed Districts within the City were a tool used to develop action items and establish future budgets for management of the lakes and their tributary areas. The creeks flowing through the City were addressed primarily as a part of the tributary areas for each lake. Resources were prioritized and allocated according to the resource management goals established. 1.2 Relationship to Other City Plans The LWMP was written as a planning tool for development review as well as for protection of the City's water resources. Two Four other planning tools were previously developed by the City and are incorporated into the LWMP by reference: 1.2.1 Local Drainage Plan Update (LDPU) - 1999 The LDPU is an update of the Drainage Plan prepared by Barr Engineering Co. in 1970 for the City of Eden Prairie. Stormwater modeling for the 1-percent annual chance (100-year), 24-hour event for both existing and future land use conditions and the 1-percent annual chance (100-year), 10-day runoff storm event were included. The LDPU includes all the stormwater modeling and management items required for the LWMP, including: Subwatershed physical characteristics Peak runoff and discharge rates for ponds and lakes Storage basin size and stage-volume relationships Strategies to manage stormwater in each watershed 1.2.2 Comprehensive Wetland Protection and Management Plan (CWPMP) - 1999 The CWPMP, required by the Nine Mile Creek and Riley-Purgatory-Bluff Watershed Districts’ Management Plans and Minn. Rules 8420.0650, provided an inventory of wetlands and other water bodies in Eden Prairie, an assessment of the wetland functions using the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM, version 1.0) and public values for the water bodies. 1.2.3 Storm Water Pollution Prevention Program (SWPPP) -– 2003 (Revised 2006) The SWPPP iswas required by the State of Minnesota as part of the General Permit authorizing the discharge of storm water under the National Pollutant Discharge Elimination System (NPDES) permit program. In accordance with that permit, the City has developed a set of required and optional Best Management Practices (BMPs) in six Minimum Control Measure (MCM) areas designed to manage and treat runoff discharged from the City. AnA report detailing activities is prepared annually to document the BMPs undertaken in the previous years, presented for public review, approved by the City Council and submitted to the Minnesota Pollution Control AgencyMPCA. Local Water Management Plan Revised November 2008 - 6 - 1.2.4 Nondegradation Assessment: - Final Agency Review Draft - 2007 The City was one of 30 cities selected by the Minnesota Pollution Control AgencyMPCA to undertake a special, Nondegradation Assessment as part of the City’s National Pollutant Discharge Elimination System (NPDES) permit. The purpose of this study was to assess changes in stormwater runoff volume, total suspended solids (TSS) and total phosphorus (TP) loading 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 to the maximum extent practicable (MEP). The Final Agency Review Draft was submitted in August 2007, updated in Decemember 2007 and is currently under review at the MPCA. 1.3 Relationship to Other Regulatory Agencies The LWMP is intended to meet requirements outlined in Minnesota Rules 8410 and Minnesota Statutes 103B as well as provide a user-friendly tool for day-to-day management of the City’s water resources. The LWMP provides the following information, as required in the Minn. Statutes 103B.235. Existing and proposed physical environment and land use within the City Drainage areas and the volumes, rates, and paths of stormwater runoff Identification of stormwater storage areas Performance standards for water quality and water quality quantity protection Implementation program Capital improvement program The Plan was also written with consideration of the needs, requirements and direction outlined in the following: Local Water Management Rules – Minn. Rules 8410 Wetland Conservation Act – Minn. Rules 8420 Minnesota Pollution Control Agency Water Quality Standards – Minn. Rules 7050 U.S. Army Corps of Engineers Section 404 Clean Water Act Riley-Purgatory-Bluff Creek Watershed District Water Management Plan - May 1996 Nine Mile Creek Watershed District Water Management Plan - May 1996March 2007 Lower Minnesota River Watershed District Water Management Plan - September 1999 Metropolitan Surface Water Management Act (Chapter 601, Laws of 1990) Use Attainability Analyses (UAAs) for Birch Island, Round, Rice Marsh, & Riley Lakes. UAAs are in progress for Anderson, Bryant, Duck, Mitchell, Red Rock, Smetana, and Staring Lakescompleted by the watershed districts for lakes in the city. The watershed organizations and their respective jurisdictions within the City are shown on Figure 5 in Appendix A. The LWMP is intended to satisfy the rules set forth in the current watershed management plans. The City will participate in upcoming revisions, evaluate any future watershed management plan amendments in relation to the LWMP and incorporate items as they are completedneeded. 1.4 Summary of Results Local Water Management Plan Revised November 2008 - 7 - 1.4.1 Water Resources Classification Identification The Task Force, City st aff, and agency staff collaborated to classify the City’s water resources. Table 1 in Appendix B summarizes the classification of each lake and its subwatershed along with additional general lake information. Classification of the City’s water resources was based upon many factors, including recreational usage along with management and, in some cases, improvement of existing water quality. The final classifications served as the basis for development of the Implementation and Capital Improvement Plans. 1.4.2 Stormwater Basin Inventory The goals of the inventory were to summarize pond maintenance issues, identify significant maintenance needs and costs, and address known pond complaints. A total of 245 basins were inspected by MWH in 2001. City staff inventoried an additional 130 basins in 2002 for a total of 375 basins. As of December 2007, there were 807 water bodies in the inventory. These basins include constructed stormwater ponds as well as wetlands that receive direct stormwater inflow. The City will address these repairs as part of ongoing operations and maintenance, as detailed in Appendix 2, Table 2: Stormwater Utility Fee Budget. 1.4.3 Implementation Plan The backbone of this Plan is Section 6.0 - Implementation Plan (IP). The IP provides an outline of how the City intends to manage its finite resources over the next 5 years. Capital projects, maintenance issues, water resources programs, amenity upgrades, and studies are included in the IP. Priority rankings are assigned, costs estimated, funding sources allocated, and timeframes envisioned for each feature. 1.4.4 Development Review Guidelines Guidelines were developed to provide direction during the Development Review process. These guidelines are summarized in Section 7.0. The use of Integrated Management Practices (IMPs) will be encouraged for new developments and redevelopment of existing parcels as a means of controlling and treating runoff at its source, rather than downstream treatment measures. 1.4.5 Maintenance Plan The City’s Maintenance Plan was laid out to provide an ongoing tool to evaluate and maintain existing water resources and stormwater systems within the City. The Maintenance Plan outlined in Section 8.0 provides a guideline for the criteria to be used regarding maintenance activities. 1.5 Work Products In addition to this Plan, the final work product includes: Stormwater Pond Inventory - Information was incorporated into a Microsoft Access database for day-to-day data collection and analysis. Local Water Management Plan Revised November 2008 - 8 - MnRAM Database – The water body information, including a MnRAM functional evaluation of wetlands, stormwater ponds and lakes within the City, was is updated and summarized in a Microsoft Access computer database that is updated as water bodies are re- evaluated or added to the inventory. Water Body Location Diagram – An interactive map was developed to link the City’s water body database with the mapping elements in ArcView. 1.6 Planning Committee The development of this the 2004 Plan has included the on-going involvement of: City staff Citizen Advisory Committee comprised of citizens as well as City Council and Community Planning Board representatives State and County agency staff Representatives of the watershed districts located within the City The groups listed above contributed many hours of their time in the review of the stormwater inventory, implementation strategies and overall report. A list of the contributing individuals can be found in the Section 11 of this Plan. The Planning Commission reviewed the Draft LWMP in depth at its September 8, 2003 meeting, at which a public hearing on the Plan was held. The City Council reviewed the Draft LWMP at a September 16, 2003 workshop. Comments received during the review period were reviewed and incorporated into the Plan as appropriate. The LWMP was adopted by the City Council on December 21, 2004. Local Water Management Plan Revised November 2008 - 9 - 2.0 REGULATORY FRAMEWORK 2.1 City of Eden Prairie’s Current Natural Resource Protection Methods Protection of water resources has been a priority throughout the City’s development history. Existing water resource related policies and local controls (City Code sections) include: Wetland Protection OrdinanceStandards for Protection of Wetlands (Section 11.51) Shoreland Management Ordinance (Section 11.50) Maintenance of Herbaceous Vegetation (Native Plant Ordinance) (Section 9.71) Flood Plains (Section 11.45) Mining Operation, Land Alteration, and Environmental Preservation (Section 11.55) Erosion Control Policy (Revised August 1, 1997) Fertilizer Ordinances Restrictions Relating to the Use of Lawn Fertilizer (Section 9.14) Restrictions Relating to the Sale of Lawn Fertilizer (Section 9.15) Commercial Fertilizer Applicators (Section 5.45) Preservation of Wetland and Woodland Areas Ordinance (Section 11.03) Standards for the Protection of Wetlands (Section 11.51) Land Alteration, Tree Preservation, and Stormwater Management Regulations (Section 11.55) Sloped Ground Development and Regulation Steep Slope Ordinance (Section 11.60) These ordinances and policies have provided the City and the private development sector with the means to protect the City’s natural resources through limiting filling of wetlands; use of setbacks; steep slope and shoreline buffers; and best management practices. In 1994, the citizens of Eden Prairie approved a referendum to acquire and manage the best remaining native plant communities in the City. These areas have been designated conservation areas, for which management plans have been or are currently being developed. 2.2 State Agency Regulatory Framework Several agencies sponsor programs or regulate activities for local stormwater or water resource management. Listed below are some of these. 2.2.1 Metropolitan Council (Met Council) The Met Council’s Water Resources Management Policy Plan includes a range of programs administered by various governmental and private agencies for management of water resources in the Metro area. Several of Met Council’s programs of interest to cities, include the following. Development of targeted watershed pollutant loads Review of watershed and local water plans and comprehensive plans for consistency with metropolitan goals and objectives; grant programs such as the Metro Environment Partnership (MEP), Livable Communities, and Smart Growth initiatives Watershed Outlet Monitoring Program (WOMP) Citizens’ Assisted Lake Monitoring Program (CAMP) Environmental Information Management System Local Water Management Plan Revised November 2008 - 10 - 2.2.2 Minnesota Pollution Control Agency (MPCA) The MPCA administers several programs applicable to local storm water management planning. The MPCA monitors water quality, sets standards, and implements various controls. Following are two programs related to water quality. National Pollutant Discharge Elimination System (NPDES) - The MPCA manages the NPDES Phase I construction and industrial discharge permitting and the Phase II permitting for small municipal separate storm sewer systems (MS4s). Section 2.5 discusses NPDES requirements for the City, including the Nondegradation Assessment requirement. Clean Water Act (CWA) / Total Maximum Daily Load (TMDL) - The MPCA implements the Clean Water Act that requires that states adopt water quality standards to protect waters of the state. The EPA and MPCA require preparation of Total Maximum Daily Load (TMDL) studies to identify the source of pollutants and plans for bringing the water resources into compliance. Several local lakes as well as Riley Creek, Nine Mile Creek and the Minnesota River have been listed on the MPCA’s 2002 and 2004 Final 303(d) lists of impaired waters. Section 5.3 discusses the impaired waters issue in more detail. Use Attainability Analyses (UAAs) are beinghave been developed for the lakes by the Watershed Districts for these lakes in anticipation of the TMDL requirements. 2.2.3 Minnesota Department of Health (MDH) The Environmental Health Division of the MDH administers numerous programs of interest to local water management planning, including the following. Drinking Water Protection Wellhead Protection Lake and Fish Monitoring (in partnership with DNR/MPCA) Environmental Health Services Health Risk Assessment, Site Assessment, and Consultation Well Management. The City worked with the MDH to develop a Wellhead Protection Plan (WHPP). 2.2.4 Minnesota Department of Natural Resources (DNR) The DNR manages and protects the state’s natural resources and administers programs of interest and usefulness to cities through their Ecological Services, Waters and Fisheries Divisions among others. This would include programs such as the following. Maintenance of the public waters inventory Permits for working in public waters Permits for public waters appropriations Administration of the National Flood Insurance Program Administration of the Shoreland Management program Monitoring and improvement of fisheries within the state including many lakes in the metropolitan area Local Water Management Plan Revised November 2008 - 11 - Location and management of rare resources (endangered and threatened species, critical habitats, high quality natural communities) Management of harmful exotic species, fish and wildlife diseases, and negative environmental impacts of human development Development of lake maps, including the Lake Finder an on-line source of information including lake surveys, water quality data, and fish consumption advice Management and restoration of important ecological processes in river systems and key natural areas Development of information about Minnesota's ecosystems and their significance to a sustainable quality of life 2.2.5 Watershed Management Organizations (WMOs) / Watershed Districts (WDs) Water management organizations (WMOs) and Watershed Districts (WDs) are required by statute to prepare and administer water management plans that establish watershed-wide goals, policies, and regulations. Local governments are also required by statute to prepare and administer local water management plans that establish local goals, policies, and regulations regarding those water resources management areas that are consistent with the watershed plans. The City of Eden Prairie falls under the jurisdiction of three watershed districts: Riley-Purgatory-Bluff Creek Watershed District Nine Mile Creek Watershed District Lower Minnesota River Watershed District While many of the district design requirements are similar, each has its own set of goals and priorities that may or may not coincide with city needs and desires. This LWMP was developed to be consistent with these jurisdictional criteria while also reflecting the priorities of the City of Eden Prairie. 2.3 Water Resource Related Agreements Water resource-related agreements, including Joint Powers Agreements, are typically struck between agencies or entities with overlapping regulatory interests or geographic similarities. The City has a Cooperative Agreement dated November 1, 1993 with the city of Edina relating to water, sanitary and storm sewer, street and traffic signals for their common boundary, generally described as the centerline of Washington Avenue. This includes a shared water system as well as the storm sewer located within the right-of-way for Washington Avenue. The City also has drinking water system interconnections with Edina and the city of Minnetonka. The City anticipates that a Joint Powers Agreement may be needed with the Minnetonka for groundwater protection. This will be evaluated as part of the City’s ongoing Wellhead Protection Planplanning. 2.4 Wetland Conservation Act / Stormwater Management Permitting Responsibilities The primary permitting responsibilities for the Wetland Conservation Act of 1991 (WCA) and stormwater management review in Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) and Nine Mile Creek Watershed District (NMCWD) will continue to rest with these this watershed districts. Local Water Management Plan Revised November 2008 - 12 - The City has assumed Local Governmental Unit (LGU) and stormwater / erosion control permitting responsibilities in the Lower Minnesota River Watershed District (LMRWD) and Riley-Purgatory- Bluff Creek Watershed District (RPBCWD). 2.5 NPDES Stormwater Program Phase II The information gathered for the LWMP has beenwas used to develop a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Phase II Stormwater Program being implemented by the MPCA. The City filed a Notice of Intent (NOI) with the MPCA on April 17, 2003. The NOI serves as the City’s application for permit coverage.The SWPPP was submitted to the MPCA on April 17, 2003. The General Permit program was revised in 2006 and tThe City submitted a revised NPDES Phase II permit application under the revised state General Permit was submitted on May 30, 2006, and receivedwas approved by the MPCA approval in March 2008. The City was also one of 30 cities selected by the MPCA to undertake a special, Nondegradation Assessment as part of the NPDES permit. That Nondegradation Assessment and proposed revisions to the SWPPP were completed separately and submitted to the MPCA on August 30, 2007. The Assessment and proposed SWPPP revisions are still under review by the MPCA and arewere not incorporated into the SWPPP approved in March 2008. The SWPPP includes a series of Best Management Practices (BMPs) for the following six minimum control measures established by the EPA. 1. Public education and outreach 2. Public participation/involvement 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction runoff control 6. Pollution prevention/good housekeeping during municipal operations The City developed measurable goals, evaluation criteria and reporting practices for the above measures during development of the SWPPP. The most current SWPPP covers the period 2006 to 2011, and as noted above does not yet incorporate any revisions theythat may be necessary as a result of the Nondegradation Assessment. 2.5.1 Nondegradation Assessment In 2006-07From 2006 to 2007 the City completed a Nondegradation Assessment to estimate changes in stormwater runoff volume, total suspended solids (TSS) and total phosphorus (TP) loading since 1988, and to predict how land change expected to occur between now and 2020 would impact those parameters. This analysis was used to identify Best Management Practices to bewhich could be undertaken to return to 1988 or better conditions to the Maximum Extent Practicable (MEP). This Assessment concluded that as a result of stormwater treatment requirements on new development that have been in place since 1988, that: Lland in the City currently exports less TSS and TP than in 1988; The export, with that trend is expected to continue as the City continues to develop and redevelop; Local Water Management Plan Revised November 2008 - 13 - . However, the Assessment found that nNew impervious surface in the City has increased signficantly since 1988 – from 21% in 1990 to an estimated approximately 29% in 2000 and an estimated 32% in 2020; and Increased Iimpervious surface has increased stormwater runoff volume, a trend that is expected to continue through 2020. This increased impervious surface has resulted in an increase in stormwater runoff volume since 1988, a trend that is expected to continue. Potential Best Management Practices to address this new volume of runoff were identified and proposed to be incorporated into the SWPPP. These new or revisedproposed BMPs which willmay be considered as the Nondegradation Plan is finalized include: Implementation of an infiltration/abstraction requirement on new development and redevelopment projects; ConsiderationIncorporation of a soil management plan requirement on these development projects tothat could be used to preserve or improve infiltration capacity; AR review of ordinances and procedures to identify incentives to encourage developers to adopt Low Impact Development (LID) principles and incorporate additional BMPs to minimize new stormwater runoff volumes and pollutant loading; Incorporation of volume management BMPs on City projects; AddingAddition of volume management topics to the education program; and EncouragingEncouragement of tree planting to increase evapotranspiration. The Nondegradation Assessment and proposed SWPPP revision and new BMPs areis at this time still being reviewed by the MPCA. On completion of that review it is expected that the MPCA will provide direction as to which proposed BMPs would be most appropriately considered for incorporation into the SWPPP. 2.6 Relation of LWMP to Goals and Policies of Local, Regional, State, and Federal Plans The recommendations set forth in this Plan were developed to be consistent with local, regional, state, and federal rules, goals and policies including: Local Water Management Rules Chapter 8410 Wetland Conservation Act and Minnesota Rules Chapter 8420 Minnesota Pollution Control Agency Water Quality Standards Chapter 7050 U.S. Army Corps of Engineers Section 404 Clean Water Act Riley Purgatory Bluff Creek Watershed District Water Management Plan Nine Mile Creek Watershed District Water Management Plan Lower Minnesota River Watershed District Water Management Plan Metropolitan Council Water Resources Management Policy Plan DNR's Directions 2000DNR’s Strategic Conservation Agenda MPCA’s 2001-20052008 Nonpoint Source Management Program Plan Metropolitan Council’s Livable Communities and Smart Growth Strategies Metropolitan Council’s Regional Park Policy Plan 2.7 Use Attainability Analyses / Total Maximum Daily Load (TMDL) Assessments Local Water Management Plan Revised November 2008 - 14 - Lakes are an important feature in Eden Prairie and the ongoing maintenance and improvement of our water resources directly affects the full use of our lakes. NMCWD and RPBCWD have started the process of completingcompleted Use Attainability Analyses (UAAs) for most of the lakes in Eden Prairie. The UAAs are scientific assessments of a water body’s physical, chemical, and biological condition. The studies include water quality assessments and recommendations for protective and/or remedial measures for the studied lakes and their directly tributary watersheds. The results of these UAAs provide the City guidelines for water resource improvement projects for these water bodies. However, lakes that are listed as “Impaired” by the State of Minnesota will require additional analysis in the form of a Total Maximum Daily Load (TMDL) study. Although the UAAs provide some background data that can may be used towards preparation of a TMDL they do not meet MPCA criteria for a TMDL document. A TMDL is the maximum amount of a pollutant a waterbody can receive and still meet water quality standards. The TMDL identifies the sources and magnitude of pollutant loading and establishes a numeric load reduction that must be made for each source. The results of each TMDL may lead to different conclusions than the UAAs. For more information on Impaired Waters please see Section 5.3. The table below summarizes the status of individual Lake UAAs. Lakes that are not on this list are either tributary to one of the lakes below and thus are included in that analysis, or they are classified as Natural Environment lakes for which no UAAs are proposed. For more information regarding Impaired Waters please go to Section 5.3. Table 2.7.1. Status of Lake Use Attainability Analyses. Lake Status of UAA Listed as Impaired? Completion Date Anderson Final Report Complete No Completed - 2003 Birch Island Final Report Complete No Completed - 2000 Bryant Final Report Complete Yes Aquatic consumption Completed - 2003 Duck Monitoring Complete No 2003 Not yet released Mitchell Modeling CompleteFinal Report Complete Yes Aquatic recreation 2002 Not yet released Red Rock Final Report CompleteModeling Complete Yes Aquatic recreation Aquatic consumption 2002 Not yet released Rice Marsh Final Report Complete No Completed - 1999 Riley Final Report Complete Yes Aquatic recreation Aquatic consumption Completed - 2002 Round Final Report Complete Yes Aquatic consumption Completed - 1999 Smetana Final Report Complete No Completed – 2003 Staring Draft Report Being ReviewedModeling Complete (2003) Yes Aquatic recreation Aquatic consumption 2004 Not yet releasedNot completed Local Water Management Plan Revised November 2008 - 15 - 3.0 LAND AND WATER RESOURCE INVENTORY This section summarizes those aspects of the physical, biological, and human environment that might impact stormwater management and water quality. 3.1 Physical Environment The City of Eden Prairie lies in the south central edge of Hennepin County. The city encompasses an entire township (36 square miles) and is bordered by Chanhassen to the west, Minnetonka to the north, Bloomington and Edina to the east, and the Minnesota River to the south (Figure 1 in Appendix A). 3.1.1 Landscape Units The 1999 Comprehensive Wetland Protection and Management Plan (CWPMP) discussed the five major landscape units based upon topography, soils, and geology as referenced in Landscapes of Hennepin County (Kennedy and Lueth, 1976). The five landscape units are the Corcoran Plain, Minnetonka Highlands, Fish Lake Highlands, Eden Prairie Outwash, and Alluvial Lands. Refer to the CWPMP for detailed information on these units. 3.1.2 Geology The bedrock underlying Eden Prairie is St. Peter sandstone in the northern third and Prairie du Chien Group dolostone. The surficial geology is glacial outwash with areas of significant glacial till deposits in the central and northeastern sections of the city. Refer to the Hennepin County Geologic Atlas for more information. 3.1.3 Soils The soils in Eden Prairie are generally well drained sandy loam to loam. In the central to northeastern portion of Eden Prairie the soils are generally sandy loam to loam over clayey loam to loam and well drained. In the alluvial landscape unit in the Minnesota River Valley along the southern edge of the city, floodplain soils are generally loams or silt loams and range from well to very poorly drained. Refer to the Hennepin County Soil Survey for more information. 3.2 Biological Environment The City’s landscape has gone through many changes due to human activity. Previously, the area was part of the “Big Woods” ecoregion where oak woodland and maple-basswood forests were the dominant vegetation types. Upon settlement, much of the landscape was converted to agriculture and eventually urban and suburban development. The Minnesota River Valley is a dominant feature in the city and is home to significant natural communities. Other natural communities elsewhere in the city include significant remnants of the Big Woods, river bluffs, and wetland areas. Most of the significant natural communities identified in the Hennepin County Biological Survey are in areas under public ownership and have been preserved as managed conservation areas. Where significant communities are not under public ownership, the city will evaluate the possibility of acquisition. Local Water Management Plan Revised November 2008 - 16 - Many of the city’s seventeen lakes are active fisheries. Appendix C details information about the lakes and their fish populations. 3.3 Human Environment 3.3.1 Land Use Figure 2 in Appendix A shows existing land uses within Eden Prairie. The city is over 80% developed, and has a regional commercial and industrial core surrounded by residential uses of various densities. Only about 3% of land in the city is vacant and developable. The Flying Cloud Airport and the Minnesota Valley Wildlife Refuge dominate the southern part of the city. Some undeveloped areaOnly the Minnesota Valley Wildlife Refuge and areas within the Minnesota River Bluffs in the southern part of the city is are outside the Metropolitan Urban Services Area (MUSA). The 2030 Guide Plan Update underway in 2008 anticipates that in the future redevelopment will lead to a more compact, efficient, and sustainable community. Figure 10 in Appendix A shows the proposed 2030 Land Use being contemplated in the Guide Plan Update. 3.3.2 Parks, Open Space, Recreational Facilities The 2000 Park and Open Space Plan provides detailed information regarding parks and recreational facilities available within the city. Just over 29 percent of the land area of the city is comprised of parks, open space, and water surface. About half the park and open space acreage is designated conservation area, generally large floodplain/wetland areas. Smaller conservation areas protect significant marsh, bluff, or wooded areas. The 2030 Guide Plan Update contains goals and policies reinforcing the city’s commitment to protecting sensitive natural resources, and providing trails and corridor connections between significant natural areas and open spaces. The city operates beaches at Riley Lake and Round Lake. Boat ramps are located at Mitchell, Riley, Round, Staring, Red Rock, and Smetana Lakes. The Park and Open Space Plan also provides for the continued preservation of conservation areas as well as an expansion of the recreational trail system. Acquisition of floodplain properties in the creek corridors is a priority, as is completion of acquisition and development of the Minnesota Valley Wildlife Refuge and Recreation Area. Approximately 2000 acres of the Minnesota Valley Wildlife Refuge will be in Eden Prairie when acquisition is complete. The regional parks below are located in part or whole in Eden Prairie. Bryant Lake Regional Park, with fishing, swimming, and boating, is located on the north end of Bryant Lake. Hyland-Bush-Anderson Regional Park Reserve includes 318 acres in Eden Prairie. Activities are primarily passive enjoyment and include nature study and park programming. The primary LWMP-related recreational concern is the improvement of water quality in our lakes to sustain or enhance their beneficial use and to preserve the general enjoyment of the City’s water resources. 3.3.3 Pollutant Sources The Flying Cloud Sanitary Landfill located across Trunk Highway 212 from Flying Cloud Airport is a privately privately-owned closed landfill on the Minnesota Permanent List of Priorities. It is Local Water Management Plan Revised November 2008 - 17 - currently being managed as part of the MPCA’s closed landfill program and has a groundwater remediation system in place that can be operated if needed. The landfill also operates a landfill gas extraction system. There are no known additional feedlots or significant dumpsites in the City. The Wellhead Protection Plan (WHPP) completed in 2004 evaluated and included recommendations for monitoring or remediating potential pollutant sources such as dumpsites, leaking underground storage tank sites, Voluntary Investigation and Cleanup sites and others. Information on these sources can also be found by contacting the Minnesota Pollution Control Agency or the Environmental Protection Agency, or visiting the EPA’s EnviroMapper website at www.epa.gov. Septic systems and operating or abandoned wells can also be a source of pollution. Eden Prairie currently had has an estimated 351 septic systems in 2004. The MDH regulates new and abandoned wells and maintains a comprehensive list of the status of each. A plan for management of private wells and septic systems is also included in the City’s WHPP. 3.4 Hydrologic Systems / Watersheds The 1999 Local Drainage Plan Update (LDPU) by Montgomery Watson Harza (MWH) updated the city’s stormwater plan, which was originally developed in 1970 by Barr Engineering Co. A hydrologic model was developed using current land use conditions and data from Barr Engineering for the Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts. Runoff rates were modeled and compared to the allowable runoff rates established in the 1970 plan. The 1999 model incorporated land use changes along with stormwater capital improvements completed by the watershed districts, city, county, and private parties to model existing flow conditions and identify existing and potential future problem areas. The 1-percent chance (100-year), 24-hour runoff storm event for both existing and future land use scenarios and 1-percent chance (100-year), 10-day runoff storm event were modeled. The 1-percent chance (100-year), 10-day event simulates snowmelt and runoff across frozen ground conditions. For each event, each watershed was modeled using HydroCAD to calculate peak discharge rate, time to peak, and runoff volume. Each storage basin was modeled to calculate peak inflows and outflows, storage volume, and elevation. Strategies were developed for each watershed to most effectively manage stormwater quantity based on the results of modeling. The LDPU indicates that for all but a few watersheds the runoff rates predicted under current conditions are less than the runoff rates established in the 1970 Plan. The Comprehensive Wetland Protection and Management Plan (CWPMP) was completed concurrently with the stormwater plan updateLDPU by Peterson Environmental Consulting (PEC). The 1999 CWPMP identified 537 total water bodies within the City of Eden Prairie, of which 478 were wetlands, 15 were lakes, and 44 were non-jurisdictional stormwater basins (see Figures 3 & 4). Many of these wetlands were found to receive direct stormwater discharges. Table 1 in Appendix C provides general information for the lakes, including information on Grass and Rice Lakes. Figures 5 through 9 show the watersheds and subwatersheds in Eden Prairie. The following table summarizes information on the three watershed districts within Eden Prairie. Local Water Management Plan Revised November 2008 - 18 - Table 3.4.1. Watershed Districts Within Eden Prairie. Watershed District Total Area (sq. miles) Area in EP (sq. miles) Percent Coverage of EP Headwater Location Riley-Purgatory- Bluff Creek 47.3 21 58% Chanhassen (Riley) Minnetonka (Purgatory) Nine Mile Creek * 50 7 19% North Fork – Hopkins South Fork - Minnetonka Lower MN River ** 64 8 23%* No defined headwater * The South Fork is the Headwaters for the Eden Prairie portion of Nine Mile Creek. ** Much of the LMRWD is located in the MN River floodplain along the southern city limits 3.4.1 Riley-Purgatory-Bluff Creek Watershed District RPBCWD covers approximately 32.8 square miles in Hennepin County and approximately 14.5 square miles in Carver County. Approximately 58% of the City of Eden Prairie, mainly extending through the center of the city diagonally from the northwest to southeast, is within RPBCWD. Portions of Eden Prairie, Minnetonka, Deephaven, Shorewood, Chanhassen, Bloomington, and Chaska are located in RPBCWD. The entire Watershed District includes 47.3 square miles, of which 21 square miles are within the City of Eden Prairie. There are three secondary watersheds within RPBCWD. These areas are shown on Figures 6 and 7 in Appendix A. The watersheds include the following. Riley Creek (4 square miles in Eden Prairie) Purgatory Creek (17 square miles in Eden Prairie) Bluff Creek (Located outside of Eden Prairie entirely, A branch of Bluff Creek lies within the Lower Minnesota floodplain in Eden Prairie, watershed size has not been determined) RPBCWD, other than a small area along the southern limits of the district along the Minnesota River, is within the Metropolitan Urban Service Area (MUSA) boundary set by the Metropolitan Council. Ten lakes are located within RPBCWD, including Duck, Round, Mitchell, Red Rock, McCoy, Staring, Neill, Idlewild, Rice Marsh, and Riley. Riley Creek Watershed Riley Creek drains a watershed of approximately 10 square miles, the majority of which is located within the City of Chanhassen (Figure 6 in Appendix A). Approximately 4 square miles are located within the southwestern-most portion of Eden Prairie. Within Eden Prairie, development has extended southerly to beyond Pioneer Trail. The Metropolitan Council's growth strategy shows the entire watershed being included within MUSA by the year 2020. Approximately one half of the Eden Prairie portions of the watershed drain to either Rice Marsh Lake or Lake Riley. The remaining half is directly tributary to Riley Creek that meanders through the City. The subwatershed, like most of the City of Eden Prairie, has a large amount of natural storage that has been incorporated into the stormwater infrastructure. The CWPMP has identified Local Water Management Plan Revised November 2008 - 19 - several high or exceptional value wetlands in this subwatershed based on floral diversity and integrity. Purgatory Creek Watershed Purgatory Creek drains a total watershed of approximately 32 square miles in the cities of Chanhassen, Minnetonka, and Eden Prairie (Figure 7 in Appendix A). Of this area, approximately 17 square miles is located within the City of Eden Prairie. Similar to the Riley Creek watershed, Eden Prairie is situated at the lower end of the watershed. Also similar is the degree to which the subwatershed has been developed. The area is expected to be fully developed by the year 2020 according to the Metropolitan Council's growth strategy. The watershed has abundant natural storage, not only from numerous wetland basins but also from the chain of lakes (Round, Mitchell, Red Rock, McCoy and Staring) located in the western portion of the subwatershed. The watershed presents an interesting contrast in that some of the more densely developed areas such as the Eden Prairie Mall and surrounding commercial property are found in close proximity to large tracts of open space preserved and utilized for stormwater management to address this dense development. Bluff Creek Watershed This watershed is located outside of the City of Eden Prairie. However, parta branch of Bluff Creek liesflows through Rice Lake to the Minnesota River within the Lower Minnesota River floodplain in Eden Prairie, within the jurisdiction of the Lower Minnesota River Watershed District. 3.4.2 Nine Mile Creek Watershed District The NMCWD encompasses approximately 50 square miles in southern Hennepin County and includes portions of Eden Prairie, Bloomington, Edina, Hopkins, Minnetonka, and Richfield (Figure 4 in Appendix A). The watershed is located entirely within the MUSA boundary. Nine Mile Creek is approximately 15 miles from its headwater where it crosses County Road 3 in Hopkins to its mouth in the Minnesota River. The South Fork of Nine Mile Creek, which passes through the northeastern portion of Eden Prairie, is approximately 8.5 miles long. Birch Island, Bryant, Anderson, and Smetana Lakes lie within the NMCWD. Nine Mile Creek Watershed The Nine Mile Creek watershed extends through the communities of Eden Prairie, Minnetonka, Edina, Hopkins, Richfield and Bloomington (Figure 8 in Appendix A). The creek drains a total area of approximately 50 square miles of which less than 7 square miles are located within the City of Eden Prairie. The northeastern portions of the city, which contains Birch Island, Bryant, Smetana, and Anderson Lakes, drain to Nine Mile Creek. The portion of the NMCWD within the City receives flow from Minnetonka and discharges to Bloomington. This subwatershed contains a large amount of the city's industrial base and accompanying impervious surface. The watershed does not contain as many small natural storage basins/wetlands, Local Water Management Plan Revised November 2008 - 20 - but is instead characterized by a number of large shallow lake and wetland complexes that have been utilized as a result of the 1970 Drainage Plan. The industrial areas are connected with a network of storm sewers and have very few noncontributing areas. In addition, numerous highways and interstate systems transect the subwatershed including Highways 169, 212, 494, 62, and 5. The subwatershed was considered fully developed for the purposes of the LDPU modeling effort as there are few remaining parcels available for development. 3.4.3 Lower Minnesota River Watershed District The LMRWD is located in the far southern portion of Eden Prairie and includes a large portion of the Flying Cloud Airport and surrounding areas (Figure 4). The District boundaries encompass an area of 64 square miles of Carver, Hennepin, Dakota, Scott, and Ramsey Counties, including bluffs on both sides of the Minnesota River. The Ddefinition of the LMRWD boundary generally follows the Minnesota River watershed up to the bluff line. Both the quantity and quality of surface water resources throughout the LMRWD are closely tied to groundwater. The LMRWD includes Rice Lake and Grass Lake within the floodplain areas of Eden Prairie. 3.5 Climatological and Precipitation Data The climate within the Minneapolis-St. Paul Metropolitan Area is described as humid continental climate with moderate precipitation, wide daily temperature variations, warm humid summers, and cold winters. The total average annual precipitation is approximately 28.3 inches, of which approximately 1/3 occurs in the months of June, July, and August. The annual snowfall average is approximately 57 inches, equivalent to approximately 5.5 inches of water precipitation. The average monthly temperature, precipitation, and snowfalls are noted below: Table 3.5.1. Climatological and Precipitation Data. Month Average Temperature (F) Average Precipitation (inches) Average Snowfall (inches) January 11.8 0.95 12.6 February 17.9 0.88 9.6 March 31.0 1.94 12.2 April 46.4 2.42 3.6 May 58.5 3.39 0.1 June 68.2 4.05 0.0 July 73.6 3.53 0.0 August 70.5 3.62 0.0 September 60.5 2.72 0.0 October 48.8 2.19 0.4 November 33.2 1.55 7.3 December 17.9 1.08 11.6 Annual Average 44.9 28.3 57.4 Averages span 1961-1990. Source: National Weather Service. Local Water Management Plan Revised November 2008 - 21 - 3.6 Groundwater Data Eden Prairie relies on groundwater for its municipal water system, operating thirteen wells drawing water from the Prairie du Chien-Jordan aquifer. The City will manage groundwater principally through its Wellhead Protection Plan (WHPP), which was completed in July 2004 and has been submitted to the MDH for final approval. This plan will provides comprehensive guidance to protect wellhead areas from contamination while meeting the requirements of the Federal Safe Drinking Water Act and the Minnesota Groundwater Protection Act. The purpose of the WHPP is to evaluate provide measures that will be needed to protect the groundwater entering and flowing through this area in order to protect our drinking water supply from contamination. The following items are were included in the scope of the WHPP. Delineate Delineation of the Wellhead Protection Area (WHPA) and Drinking Water Supply Management Area (DWSMA) for the public water supply system Identify Identification of potential sources of contamination to the DWSMA as well as the degrees of risk of land uses within this area Define Definition of goals and objectives and set priorities to manage the risk and/or potential contaminant sources to minimize impacts to the DWSMA Identify Identification of monitoring methods to track the effectiveness of the goals and objectives Plan Planning contingency measures to address potential interruption of public water supply if contaminants are identified within the DWSMA The Hennepin County Groundwater Protection Plan was completed in 1994 and approved by the Board of Water and Soil Resources (BWSR), but has not been adopted by the Hennepin County Board. 3.7 Flood Data Information on 1-percent annual chance (100-year) flood levels and peak discharges of basins can be found in the 1999 Local Drainage Plan Update. 3.7.1 Floodplain The Federal Flood Insurance Program has delineated the floodplain in Eden Prairie and includes floodway and flood fringe areas inundated as a result of the 1-percent annual chance (100-year) flood. The 1-percent annual chance (100-year) floodplain, as defined by the Flood Insurance Program for flood insurance purposes, was detailed by a Flood Insurance Study. The resultant maps are on file at City Hall and with the DNR and are available from the Federal Emergency Management Agency (FEMA). Flood Insurance Study maps can also be viewed at the Hennepin Conservation District. The Nine Mile Creek and Riley-Purgatory Bluff Watershed Districts have calculated 1-percent (100-year) frequency flood envelopes for each creek system. The City’s floodplain ordinance requires that fill or excavation within the floodplain is subject to a permit from the appropriate watershed district. The ordinance further requires that applications for building permits or zoning or land use changes or extensions within the floodplain shall be submitted to the appropriate watershed district for review prior to approval by the City. Local Water Management Plan Revised November 2008 - 22 - 3.7.2 Localized Flooding Issues In the 1970’s the City completed a Local Drainage Plan to evaluate drainage and potential flooding issues within the City. This plan was updated in 1999. Zone A is the area identified as flood prone on the Flood Insurance Maps. Localized flooding issues are addressed through management of the elevation of structures adjacent to areas identified as Zone A. The City sets design standards for small watershed basins. In most instances, critical structure elevations are required to be above emergency overflows for the basin. If this is not practical due to topography constraints, the storm sewer would be designed to manage the critical 1- percent annual chance (100-year) rainfall event with temporary storage levels maintained below the surface elevation of adjacent structures. One basin was identified that lacked these performance standards. The basin was retrofitted with supplemental storm sewer capacity for the 1-percent annual chance (100-year) event in 2001. No other basins lacking this performance standard have been identified to date. 3.8 Water Quality Monitoring The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) and the Nine-Mile Creek Watershed District (NMCWD) provide collect water quality monitoring data for the subwatersheds identified by the UAAs conducted for the City’s lakes and creeks as they are completedactive projects within their districts. The Lower Minnesota River Watershed District (LMRWD) has not completed any water quality monitoring within Eden Prairie at this time nor do they anticipate doing so during the timeframe for the LWMP. They have completed a creek and bluff survey to identify areas with high potential for erosion or streambank instability. The City is working in partnership with the District to address some of the areas of high concern as the Minnesota River is listed as impaired for turbidity, the majority of which has been attributed to eroding river and creek banks. Local Water Management Plan Revised November 2008 - 23 - 4.0 ASSESSMENT METHODOLOGY This section summarizes the process used to identify problems, issues, and opportunities that were evaluated for development of the Implementation Plan, Development Review Guidelines and Maintenance Plan, which are discussed in Sections 5.0, 6.0 and 7.0. To complete this assessment, stormwater ponds within the city were inventoried and inspected; the wetland inventory was updated, additional wetlands and ponds were evaluated; and water quality modeling of five lakes was completed. Local, watershed, regional and state plans and regulations were reviewed. Finally, a Task Force was convened to provide guidance and assist in the categorization of resources and prioritization of recommended actions. 4.1 Goal and Policy Development Goals were evaluated by City staff and the Task Force for the Implementation Plan (IP) presented in Section 6 to develop and implement an action plan to achieve these desired goals. The following are the goals evaluated for the IP. The Implementation Plan in Section 6.0 lists the proposed actions Eden Prairie will take to achieve these goals. Control volumes and rates of runoff Minimize flooding potential Maintain or improve the quality of water, wetlands, lakes and streams to meet or exceed regional water quality standards Establish a set of development review policies for stormwater control, erosion control, and water resource management Encourage use of Integrated Management Practices (IMPs) to promote infiltration and reduce pollutant and nutrient loadings to our water resources Manage and enhance recreational facilities and fish and wildlife habitat Protect wetlands in accordance with the City’s wetland ordinance and the Wetland Conservation Act of 1991 Provide educational programs on water resource and stormwater management issues to increase public participation in water management activities Protect groundwater and recharge areas to provide and conserve water supply for domestic, industrial, recreational, agricultural and other public uses Monitor beach water quality Continue ongoing wetland monitoring programs Continue ongoing invasive species control evaluation and management programs Continue the lake treatment programs established for individual lakes Minimize soil erosion, including bank and bluff erosion, through evaluation of bluff areas for erosion and increased education and enforcement of ordinances Promote proper groundwater well abandonment Implement BMPs outlined in the Stormwater Pollution Prevention Plan Coordinate activities with the watershed districts on Nondegradation issues and projects 4.2 Stormwater Pond Inventory The Stormwater Pond Inventory was conducted to provide the City with a baseline assessment of the condition of known basins being utilized for stormwater treatment and storage. Local Water Management Plan Revised November 2008 - 24 - Water bodies that receive direct storm sewer inputs or significant impervious surface direct runoff were evaluated for inclusion in the inventory, such as stormwater ponds (including NURP ponds), natural wetlands, swales, and depressions. Wetlands and ponds not evaluated for the 2001 or 2002 inventories will be scheduled for evaluation by the City in the future. A total of 245 ponds water bodies were inspected by MWH in 2001. This included 206 stormwater basins and 39 basins not included in the 1999 Wetland Water Body Inventory (Section 4.3). The City inventoried an additional 130 ponds in 2002. Of the 375 basins inspected, 169 were observed to have some degree of erosion, sedimentation, trash/debris, and/or pipe damage. The conditions were evaluated and included in the Implementation Plan strategy developed in 2004. The following were noted for each inspection category: Access Conditions (Good, Fair, or Poor). Condition of the access with relation to vegetation growth, ease of access, quality of access path, and overall conditions. Perimeter Erosion (Yes/No). Perimeter erosion if washouts were occurring on the side slopes of the pond that was not specifically associated with scour holes or general pipe erosion. Outlet/Inlet Condition (Good, Fair, or Poor). General condition, including erosion, sedimentation, structural pipe integrity, and trash/debris collection. Outlet/Inlet Comments. Sedimentation, erosion, trash/debris, and pipe damage singly or in combination with one or all of these conditions The data collected for the stormwater inventory was entered into a Microsoft Access database for future reference. The types of information entered the City is collecting to enter into the database include the following. Outlet and inlet condition Maintenance history Ownership information Size and area statistics Access information 4.3 Water Body Inventory Update Peterson Environmental Consulting, Inc. (PEC) conducted its original inventory of water bodies within the City of Eden Prairie between June and October 1997. Inventory results were set forth in the 1999 Comprehensive Wetland Protection and Management Plan (CWPMP). As an element of this Local Water Management Plan (LWMP), the water body inventory has been updated to reflect the changes listed below to the City’s water resources. Deletion of wetlands or wetland acreage that has been filled or drained pursuant to approved Wetland Conservation Act (WCA) wetland replacement plans or exemption requests Addition of wetlands or wetland acreage created or restored as mitigation for permitted impacts or as mitigation bank projects Corrections to water body boundaries resulting from field delineations that have occurred since the original inventory was completed or due to improved quality of aerial photographs and GIS capabilities Local Water Management Plan Revised November 2008 - 25 - Corrections to water bodies that were determined to be constructed stormwater ponds rather than natural wetlands Additions of water bodies identified since the original inventory during development review, aerial photograph review, stormwater pond inventories, or other field activities 4.3.1 Aerial Photograph Review At the time the original inventory was undertaken, digital orthophotos (DOQs) were not available. Approximate water body boundaries were mapped on 1”=200’ scale half section aerial photographs and digitized. Year 2000 high resolution (1-meter pixel size) DOQs were added to the GIS map for the water body inventory update and used to improve the accuracy of water body boundaries shown on the inventory. The water body inventory update was based mainly on plan sets compiled by the City of Eden Prairie for projects proposed or approved since the original inventory was completed. The City is currently using the 2006 DOQs for updating the inventory. Changes to the inventory were verified in the field, at which time data was collected on each water body as to its classification, characteristics, degrading factors, and functions and values. 4.3.2 Minnesota Routine Assessment Method (MnRAM) Analysis As required by Minn. Rules 8420.0650, the CWPMP included an assessment of wetland functions and values using a methodology established or approved by the BWSR. The functions and values of each inventoried water body, including wetlands and stormwater ponds, were assessed using the MnRAM Version 1.0 that was specifically referenced in the WCA rules as an acceptable evaluation methodology. In the original inventory, a synthesis process was developed using MnRAM’s user guidance and Boolean formulas to ensure consistent results across the entire city. With this additional step, the same set of answers to questions posed by MnRAM 1.0 would always yield the same function and value rankings. During the field assessment period for the LWMP, MnRAM 1.0 was updated to Version 2.0. However, the differences between Versions 1.0 and 2.0 were not considered significant enough to warrant re-evaluating Eden Prairie’s entire water body inventory using Version 2.0. In addition, the City’s ecological quality ranking of water bodies was based solely on the floristic quality and diversity function, which remained unchanged. To maintain consistency across the entire inventory, MnRAM Version 1.0 was used in most cases in evaluating water bodies during the update process. Additional MnRAM’s were conducted during the Development Review process and added to the database as required. New stormwater ponds were also mapped and MnRAM’s were performed when possible. New MnRAM analyses produced during the update were incorporated into the City’s existing Microsoft Access database. The City requires use of current MnRAM methodology cited in Minnesota Rules 8420. Most wetland delineations submitted for projects within Eden Prairie require an updated MnRAM for floristic diversity and integrity. 4.4 Water Quality Modeling Local Water Management Plan Revised November 2008 - 26 - At the time the 2004 LWMP was developed in 2004, Barr Engineering, was the technical advisor to the Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts. Barr, used the P8 Urban Catchment Model to estimate phosphorus loading to several lakes in Eden Prairie. The P8 Model was developed by William Walker to predict the generation and transport of stormwater runoff pollutants in urban watersheds. The model is used to design and evaluate Best Management Practices (BMPs) for existing or proposed urban developments. The model is also used to examine the water quality implications of alternative treatment objectives. For example, the model will predict the percent difference in phosphorus reduction between various BMP options in a watershed. These models are updated by the Watershed District engineer as necessary. This modeling approach is a simple mass balance approach for both the watershed and internal loading of phosphorus. It assumes that changes in watershed pollutant loads are strictly based on physical loss through sedimentation. Conditions affecting the rate of sediment phosphorus release and subsequent vertical dispersion are highly variable and vary substantially from year to year. Both the water and phosphorus budgets are “calibrated” to match monitoring data. It is important to note that the modeling conducted as a part of the UAAs is representative of the calibration year and does not account for annual variations. This approach is a fair representation of lake response to magnitude changes in loads. It results in a reasonable estimation of lake response to changes in external and internal phosphorous loading based on changes in the physical environment. Consequently, this type of approach is highly geared toward standard “engineered” BMPs such as stormwater ponds and in-lake chemical treatment. However, several factors that are not accounted for in this approach should also be addressed. Macrophytes can play a rather large role in internal phosphorus cycling. As the clarity of the lake increases, the macrophyte density is likely to increase changing the dynamics of the internal load. Secondly, fish, especially carp, can affect the rates of sediment release by stirring up the sediments and excreting phosphorus. These types of changes are not accounted for in the modeling even though they are extremely important processes in shallow lakes. Although the modeling is a sound estimation of water and phosphorous loads, resulting management recommendations will tend to be geared toward engineered solutions that do not account for biological factors. Information evaluated for the individual lakes is summarized below. Modeling results are summarized in Table 5.3.2 in Section 5.3. 4.4.1 Rice Marsh Lake and Lake Riley (Riley-Purgatory-Bluff Creek) P8 simulations for Lake Riley, including the drainage area for Rice Marsh Lake, were for ultimate land use conditions and average precipitation. The model simulations depict phosphorus loading to Lake Riley without the BMP recommended by the Watershed District, which is alum and lime slurry treatment of Rice Marsh Lake. The P8 model works well for traditional wet detention ponds, but does not work well for such in-lake treatments as alum-lime slurry. Hence, the BMP was not modeled with P8. 4.4.2 Birch Island Lake (Nine Mile Creek) The P8 Model developed was for average climatic conditions. Results of the model are for current land use conditions and do not include any of the BMPs recommended in the UAA. Local Water Management Plan Revised November 2008 - 27 - 4.4.3 Round Lake (Riley-Purgatory-Bluff Creek) P8 results are for existing watershed land use (the watershed is fully developed, so existing is the same as full development), average precipitation conditions, and without the implementation of recommended pond construction and pond upgrades. 4.4.4 Smetana Lake (Nine Mile Creek) The P8 model was developed for current land use conditions including recommended BMPs in the watershed. The BMPs include the continued implementation of District detention and treatment criteria for future land alterations. It was assumed that the construction costs of these ponds, as well as other ponds required to meet the District’s criteria for future land alterations would be completely paid for by individual developers. 4.4.5 Bryant Lake (Nine Mile Creek) The P8 model was developed for future land use conditions and average precipitation conditions. The model evaluated four BMPs alone or in combination, including options for pond or wetland improvements in the lakeshed and alum treatment. 4.4.6 Northwest and Southwest Anderson Lake (Nine Mile Creek) Two of the three Anderson Lakes are located all or in part in Eden Prairie. A portion of Northwest Anderson Lake and all of Southeast Anderson Lake are in the City of Bloomington. Climatic condition was found in the modeling to be an important factor in water clarity, with phosphorus internal loading increasing in dry years. Multiple P8 models were run (separately for each of the three lakes) assuming wet, dry, and average precipitation amounts and assuming future land use conditions. Each model used different internal phosphorus release rates to simulate average, wet or dry conditions. 4.5 Assessment of Problems, Issues and Opportunities Local water management problems, issues, and opportunities were identified in 2004 by reviewing: Statutory requirements for Local Water Management Plans Water body inventory Comprehensive Wetland Protection and Management Plan Local Drainage Plan Update Lake inventory data Input solicited from the public, the Task Force, City staff, and state and local agency staff Once the problems, issues, and opportunities were identified the Task Force and staff collaborated to identify and prioritize potential solutions to help the City of Eden Prairie accomplish the goals of this Plan. This section presents those items evaluated to develop the proposed improvements and management studies summarized in Appendix B as well as the Implementation Plan in Section 6.0. The following were considered during development of the Implementation Plan. Local Water Management Plan Revised November 2008 - 28 - Water Quality - Degradation of water quality in the city’s lakes due to nutrient loads in stormwater runoff. Water-based Recreation – Water quality improvement and addition of new recreational opportunities. Pond Maintenance – Repair requirements identified during the basin inventory, including restoration of storage capacity, repair of erosion, and prevention of future problems. Education and Outreach - Education and outreach efforts with a focus on targeted groups with new and expanded educational opportunities. Nonpoint Source Pollution – Nonpoint source pollution reduction through maintenance practices such as street sweeping, sump manhole cleaning, and pond inspections. Financial Resources - Financial resources are limited, requiring that projects be prioritized. Regulatory Requirements – City goals, policies and programs in regards to current and anticipated regulatory requirements. Water Resource Monitoring - Protection of water resources through implementation of monitoring and investigatory programs and studies were evaluated. Wellhead Protection – Coordination of the LWMP with the Wellhead Protection Program so that policies that encourage infiltration and groundwater recharge are consistent with the policies to protect sensitive groundwater recharge areas Water Quality Management Practices - Promotion of approaches such as Integrated Management Practices to reduce the public expenditures necessary to control water volumes and improve water quality. NPDES Phase II Permit Requirements - Development of programs to encourage public participation in water resource protection and management as well as overall water resources improvement projects. Clean Water Act Section 303(d) TMDL List of Impaired Waters Collaborative Projects - Opportunities with other agencies such as the watershed districts, the Three Rivers Regional Park District, and state agencies to help finance and construct improvements. City Control Measures – Review and refinement of City goals, policies and ordinances to help protect natural resources. 4.6 Implementation Plan Prioritization A priority system was developed to reflect the City’s responsibility to protect the public health, safety, and general welfare of its citizens by addressing problems and issues specific to the City. The following items were considered during development of the 2004 Implementation Plan as well as the current revision. Lake classification. Corrective actions required. Steps needed to alleviate or prevent future water management problems. Educational programs currently provided by the City and where they need supplementation. Existing goals and policies as well as changes needed to reflect upcoming regulatory needs and requirements. Programs currently in place or required in the future to monitor and evaluate the effectiveness of the water management programs or policies enacted. Watershed District Use Attainability Analysis (UAA) results. Funding availability. Local Water Management Plan Revised November 2008 - 29 - Overall water management concerns within the City. Requirements of the City’s NPDES permit and Stormwater Pollution Prevention Plan (SWPPP). NPDES State requirements for the Nnon-degradation of water resources, and the proposed BMPs in the City’s Nondegradation Assessment. Pending or expected TMDLs and TMDL implementation activities. Lakes were grouped into the following three classifications based upon desired recreational usage, existing water quality, interconnectedness to associated resources and predicted future water quality. Aquatic Life and Recreation Limited Recreation Natural Habitat The priority ranking (high, medium, low) of projects reflects the immediacy of concern. Perceived needs, historical project work and public support were included in the evaluation. Projects will be implemented in order of priority, with high and medium projects programmed in the implementation plan, and lower priority projects implemented as resources become available or as opportunities arise. 4.7 Work Categories The Implementation Plan was reviewed and updated for this revised LWMP, and is shown in Appendix B, Table 2: Local Water Management Plan Budget 2008-2012. The work was categorized into five general areas as summarized below. Water Quality Studies/Monitoring/Assessments. These are special monitoring studies, data gathering, feasibility assessments, TMDL studies, and some SWPPP monitoring and implementation activities. Water Quality Improvement Projects. These are repair, maintenance, and capital improvement projects, ranging from stormwater pond repairs and lake outlet structure replacements to TMDL implementation projects and demonstration projects. Water Quality Management Programs. These are general water resources management activities, such as goose control, invasive species management, weed harvesting, Wetland Conservation Act administration, program oversight, ongoing inventory and plan updates, and monitoring and inspection equipment replacement. Education-SWPPP Elements. These are education and outreach activities that are identified BMPs in the City’s NPDES permit. These include citizen lake and wetland monitoring; public education and outreach; media campaigns; volunteer storm drain marking; and native landscaping and shoreline restoration grants. General Planning. This category provides for periodically updating the LWMP, nondegradation assessment, and the SWPPP. Local Water Management Plan Revised November 2008 - 30 - Use Attainability Analysis/Watershed District Projects. These are partnership projects with the Watershed Districts that implement needs identified in UAAs. Table 2 also shows potential projects that have been identified but for which no funding is available. The work was categorized into three general areas that are summarized below. The results are presented in Tables 2, 3 and 4 in Appendix B. Table 2 - Capital Improvements for Water Resources Planned capital improvement projects would have the potential to beneficially impact water quality or reduce future expenditures for corrective actions. Several improvement projects are included for water resources that are currently experiencing degradation in water quality or wildlife habitat. Also included are miscellaneous project expenditures to correct drainage or erosion problems, both existing and potential. All of the projects listed would require a more significant capital expenditure if correction is delayed. Watershed District expenditures are estimated based on the results and recommendations provided in the UAAs submitted at this time. Table 3 - Nonstructural Water Resources Management and Education Programs Nonstructural projects within this category would include oversight of existing programs, educational programs, on-going maintenance and implementation of lake treatment projects aimed at alleviating or reducing water quality degradation. Table 4 - Water Resources Management Studies Background investigations, studies, data gathering, and/or hydrologic analyses are included in this category. These projects would provide the basic knowledge the City needs to manage its water resources effectively and efficiently. Included are development of planning tools to assist in identifying future capital expenditures that could be avoided by sound management and planning today. 4.8 Financial Evaluation The Implementation Plan will be financed primarily from the City’s Stormwater Utility enterprise fund that was established in 1994 for these purposes. Other sources of funding may be utilized based on project goals, objectives, and funding availability. For example, water resource management in parks could utilize cash park fees. Watershed district matching funds or general funds were evaluated as other potential funding sources. The City Stormwater Utility currently generates fees of approximately $572,000$800,000. A revised fee schedule was adopted in 2008. The current fee schedule versus future needs and requirements was analyzed to determine projected rate increases. A detailed financial evaluation is presented in Section 9.0. 4.9 Report Assumptions The following assumptions are part of this Plan: Local Water Management Plan Revised November 2008 - 31 - Absence or presence of a wetland or other water body on the 2003 City Water Body Map (see Figure 2) is not a definitive indication that a jurisdictional wetland does or does not exist on a parcel. The wetland boundaries shown on the 2003 City Water Body Map do not represent the delineation requirements for federal or state permitting. No definitive jurisdictional determinations were made as part of the inventory. Determinations of jurisdiction need to be on a case-by-case basis prior to development planning or maintenance activities. The water quality models utilized in the LWMP were originally developed for the NMCWD and RPBCWD. The models were subsequently rerun and results interpreted for the LWMP. The NMCWD and RPBCWD did not directly supply the results and conclusions included in the LWMP. Local Water Management Plan Revised November 2008 - 32 - 5.0 ASSESSMENT RESULTS 5.1 Stormwater Pond Inventory The following information is from the 2004 LWMP and was not updated for the 20092008 LWMP update. The tables present a summary of water levels (High, Normal, and Low), perimeter erosion, and outlet/inlet sedimentation, erosion, trash/debris, and pipe damage. MWH inspected 245 water bodies for the stormwater pond inventory. City staff inspected additional water bodies in 2002 for a total of 375 water bodies inspected. Of the ponds surveyed, 146 were observed to have maintenance issues such as erosion, sedimentation, trash/debris, and/or pipe damage. The inventory included both constructed stormwater ponds as well as natural wetlands that receive stormwater input. It is important to note that the pond inspections were accomplished over several months in 2001 and 2002. It is difficult to compare water levels among ponds unless they were inspected within the same time period due to varying levels of precipitation, infiltration, evaporation and other factors. Water level information was in part based on observations of drift lines, erosion patterns and other visual information. The tables below were compiled directly from inspection sheets from the Stormwater Inventory Summary Report and are intended to provide a general overview of the number of ponds with specific maintenance needs. A specific outlet/inlet may have any combination from one to four of these conditions. Table 5.1.1. Summary of Stormwater Pond Water Levels and Perimeter Erosion (2004). Low Normal High Yes Pond Level 93 274 8 -- Perimeter Erosion -- -- -- 31 Table 5.1.2. Summary of Stormwater Pond Maintenance Issues (2004). Sedimentation Erosion Trash/Debris Pipe Damage Outlets 25 15 22 1 Inlets 96 87 91 5 5.2 Water Body Inventory Update During the original water body inventory (1997), a total of 537 water bodies were inventoried within the City of Eden Prairie, of which 478 were wetlands. The water body inventory completed in 2003 for the 2004 LWMP for the LWMP (2003) includes information on 714 water bodies. The City updates the water body inventory on a continuous basis and maintains a current database and map. As of 2008 there have been 807 water bodies identified. The next full LWMP update will include a full review of the most current data on water bodies in the City. The updated 2004 water body inventory includes: 513 wetlands (including wetland mitigation areas) 177 stormwater ponds and non-jurisdictional basins 9 filled wetlands 15 lakes (Note – two large wetlands are identified in Table 1 in Appendix C as lakes.) Local Water Management Plan Revised November 2008 - 33 - Table 5.2.1 provides an updated summary of the wetlands water bodies contained within the Eden Prairie Inventory. Table 5.2.1. Number, Size And Classification Of Wetlands Water Bodies Inventoried (2004). Circular 39 Cowardin Classification Number of Wetlands Cumulative Acreage Average Acres per Wetland Type 1 (Seasonal Flat) PEMA/J 29 29.8 1.00 Type 1 (Forest) PFOA 11 14.6 1.3 Type 2 PEMB 46 1,106.7 24.1 Type 3 PEMC/PEMF 80 250.6 3.1 Type 4 PEMF/PEMG 10 28.1 2.8 Type 5 PUBG/PUBH 103 185.9 1.8 Type 6 PSS1C 9 26.6 3.0 Type 7 PFO1C 23 37.5 1.6 Type 8 PEM/SS1B 1 0.2 0.2 Type 1 (Forest), Type 1 (Seasonal Flat) PFOA/PEMA/J 4 4.4 1.1 Type 1 (Forest), Type 2 PFO1A/PEMB 5 9.9 2.0 Type 1 (Forest), Type 3 PFO1A/PEMC 1 542.5 542.5 Type 1 (Forest), Type 5 PFO1A/PUBG 8 52.1 6.5 Type 1 (Seasonal Flat), Type 3 PEMA/PEMC 3 6.4 2.1 Type 1 (Seasonal Flat), Type 5 PEMA/PUBG 1 0.2 0.2 Type 1 (Seasonal Flat), Type 7 PEMA/PFO1C 1 0.9 0.9 Type 2, Type 3 PEMB/PEMC 16 38.1 2.4 Type 2, Type 4 PEMB/PEMF 7 9.2 1.3 Type 2, Type 5 PEMB/PUBG 33 58.3 1.8 Type 2, Type 6 PEMB/PSS1C 3 6.8 2.3 Type 2, Type 7 PEMB/PFO1C 1 0.2 0.2 Type 3, Type 4 PEMC/PEMF 3 6.9 2.3 Type 3, Type 5 PEMC/PUBG/H 30 152.4 5.1 Type 3, Type 6 PEM/SS1C 21 82.8 3.9 Type 3, Type 7 PEMC/PFO1C 8 214.1 26.8 Type 3, Type 8 PEMC/PSS1B 2 8.5 4.2 Type 4, Type 5 PEMF/PUBG 3 31.7 10.6 Type 5, Type 6 PUBG/PSS1C 4 7.4 1.8 Type 5, Type 7 PUBG/PFO1C 4 6.9 1.7 Type 6, Type 7 PSS1C/PFO1C 1 0.2 0.2 Wetland Complexes (> Two Types) 42 1,003.6 23.9 Constructed Stormwater Ponds 173 353.2 2.0 Total 686 4,276.5 6.2 5.3 Water Quality Lake water quality information is presented in Appendix C, where it is summarized in the table “Eden Prairie Lake Data Table” and detailed on individual Lake Fact Sheets which were prepared in 2004. Local Water Management Plan Revised November 2008 - 34 - Several lakes in Eden Prairie do not meet state and federal water quality standards, and have been designated as Impaired Waters on the state’s State of Minnesota’s 2008 “303(d) list.” (2007). Stream segments and the Minnesota River have been listed as well. Most of Eden Prairie drains to the Minnesota River, and that river forms the southern border of the City. A Total Maximum Daily Load (TMDL) study will be required for each impaired water. The MPCA is ultimately responsible for completing the TMDL’s, but they are aksing forwelcomesthey are asking for partners to assist in these studies due to the number of impaired waters in the state. Currently, TMDLs being conducted which have begun within the City include: A Total Maximum Daily Load (TMDL) study for the Nine Mile Creek impairments is currently underwayfor chlorides, turbidity and biotic impairment. Bluff Creek is listed for a biotic impairment from its headwaters to the Minnesota River. Part of Bluff Creek is located in Eden Prairie within the Minnesota River floodplain. The City is working with Chanhassen and the MPCA to determine if this segment can be removed from the TMDL study area. for ?? Lakes with mercury impairments were included in the statewide mercury TMDL approved in March 2007. TMDLs for the other impairments are not yet underway. Eden Prairie will work with the state, and the appropriate watershed district and other impacted agencies or cities to assist in the development of the TMDLs required by these designations and with development of options for reducing pollutant loadings. Table 5.3.1 Impaired Waters in Eden Prairie. Lake DNR Lake # Affected Use Pollutant Bryant 27-0067 Aquatic consumption Mercury FCA1 and Excess NutrientsMercury FCA1 Mitchell 27-0070 Aq uatic recreation Excess Nutrients Smetana 27-0073 Aquatic consumption Mercury FCA1 Red Rock 27-0076 Aquatic consumption / Aquatic recreation Mercury FCA1 and Excess Nutrients Riley 10-0002 Aquatic consumption / Aquatic recreation Mercury FCA1 and Excess Nutrients Round 27-0071 Aquatic consumption Mercury FCA1 Staring 27-0073 Aquatic consumption / Aquatic recreation Mercury FCA1 and Excess Nutrients Stream Reach # Affected Use Pollutant Nine Mile Creek 07020012-518 Aquatic life Turbidity, Fish IBI2 and Chloride Riley Creek 07020012-511 Aquatic life Turbidity Bluff Creek 07020012-510 Aquatic life Fish IBI2 1 "FCA" means Fish Consumption Advisory. Impacts of mercury are mainly regional in expression, so the initial MPCA approach will be to complete regional or statewide mercury TMDL reports. This approach could change based on basin planning activities. U.S. EPA Region 5 understands there must be a federal responsibility for the national & international air-borne component of these TMDL reports. 2 Index of Biotic Integrity. A measure of the quantity and quality of aquatic life. 5.3.1 Water Quality Modeling The Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts have completed a number of UAAs for lakes within their watersheds. These UAAs include water quality modeling to predict future water quality based on various conditions such as no additional water treatment or additional water treatment using various techniques. This type of modeling is useful to better understand the potential for water quality improvement. Local Water Management Plan Revised November 2008 - 35 - The results of the P8 water quality models completed by Barr shown below are for average precipitation years and current land use conditions. This modeling estimates the total amount of phosphorus from the lake’s watershed entering the lake from: stormwater discharging from storm sewers, channels, or direct runoff; phosphorus in streams or creeks discharging to the lake; or other sources. This is called the “export load,” and it is often expressed as pounds per acre per year. The P8 model predicts how the overall export load would change if various BMPs were implemented to reduce phosphorus discharges. The typical Twin Cities Metro Area export load for total phosphorus ranges from 0.27 to 0.70 pounds per acre per year. The table below shows that the predicted phosphorus load for most of the lakes falls within that typical range. Rice Marsh Lake is estimated to be on the higher end of typical, while the predicted results for Smetana Lake indicate a higher than typical average pollutant export load. Being within the typical range does not necessarily mean the water quality is acceptable, it simply indicates that there are likely no unusual phosphorus sources that make it more difficult to improve water quality. The P8 model for Smetana Lake assumed current land use as well as no new BMPs beyond the continued construction of stormwater detention and treatment ponding for new developments. Additional BMPs will be required in the Smetana Lake watershed if improved water quality becomes a goal in the future. Table 5.3.2. P8 Water Quality Modeling Results Compared to Typical Export Rates (2004). Lake Name Drainage Area (acres) Number of treatment devices modeled P8 Predicted Phosphorous Load in an Average Precipitation Year (lbs/yr) Average Pollutant Export Load (lbs./ac./yr) Typical Export Rates3 Lake Riley 1 1,763 N/A 972 0.55 0.27-0.70 Rice Marsh Lake1 853 N/A 764 0.89 0.27-0.70 Birch Island Lake2 543 40 30 0.06 0.27-0.70 Round Lake2 444 20 163 0.37 0.27-0.70 Smetana Lake2 929 43 1,923 2.07 0.27-0.70 NW Anderson2 415 N/A 157 0.37 0.27-0.70 SW Anderson2 355 N/A 103 0.29 0.27-0.70 Bryant2 3,246 N/A 425 0.13 0.27-0.70 1 These numbers represent numbers extracted from models provided by Barr Engineering and included proposed BMPs. 2 These numbers represent UAA published values without the addition of BMP recommendations. 3 Values from Phosphorus Export in the Twin Cities Metropolitan Area by Mulcahey, J. (MCES 1990) 5.3.2 Water Quality Goals Lower Minnesota River Watershed District places Rice Lake and Grass Lake in its Floodplain category. It is the District’s goal to manage these floodplain water resources to maintain and potentially enhance the existing natural plant and animal communities, and to preserve those human uses (such as fishing, hiking, biking, etc.) that currently take place. The City intends to cooperate with the District, the Citiesy of Chanhassen and Chaska, the US Fish and Wildlife Service, and the DNR to investigate water quality concerns and identify options for improvement as requested. Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts have established water quality goals in their jurisdiction based on lake categories. as follows: Future lake TMDLs are Local Water Management Plan Revised November 2008 - 36 - required for impaired waters and they may result in goals that are more or less stringent than those set forth below. may establish more stringent goals than those set forth below. At this time the City has no specific water quality goals for streams other than those established by the MPCA for all Minnesota streams by stream classification. Lower Riley Creek is identified as impaired and a TMDL Future stream TMDLs may establish specific goals for individual streamsthe stream based on specific impairments. The City will participate either as a lead agency or as a participating stakeholder in the development of TMDLs and TMDL Implementation Plans for Impaired Waters. Local Water Management Plan Revised November 2008 - 37 - Table 5.3.3 Nine Mile Creek Watershed District Desired Uses and Water Quality Goals (2007). Water Quality Category Desired Water Quality Goal Trophic State Index (TSI) Total Phosphorus (ug/L) Chlorophyll-a (ug/L) Secchi Depth (meters) Level I: Whole body-contact recreational Bryant ≤50 ≤45 ≤20 ≥2.0 Level II: Partial body-contact recreational SW Anderson Birch Island 50-60 45-75 20-40 1.0-2.0 Level III: Fishing and aesthetic viewing NW Anderson Smetana 60-70 75-105 40-60 0.6-1.0 Level IV: Runoff management >70 >105 >60 <0.6 Source: Watershed District Management Plan, 19962007. Table 5.3.4 Riley-Purgatory-Bluff Creek Watershed District Lake Water Resource Goals (2004). Lake, By Type Description TSISD Goal Swimming Riley Round Full support of swimming and designated fishing activities ≤531 Fishing lakes with stocking programs Mitchell Red Rock Staring Full support of designated fishing activities ≤55 59 67 Fishing lakes without stocking programs Duck Rice Marsh Full support of designated fishing activities plus waterfowl and wildlife habitat requirements 652 592 Source: Watershed District Management Plan, 1996. 1The District’s water quality goal for Lake Riley is a TSISD of 56. However, the recreation goal is to support swimming throughout the summer, which the MDNR has expressed as a TSISD less than or equal to 53. The more stringent DNR recreation goal is therefore shown. 2For both Duck and Rice Marsh Lakes, the District’s water quality goal is the MDNR’s aquatic communities goal. 5.4 Use Attainability Analyses The table “Eden Prairie Lake Data” and the individual Lake Fact Sheets in Appendix C detail the most recent water quality data for each lake. Where the lakes do not meet district or state water quality goals, Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts have prepared or will prepare a strategystrategies for attaining those goals through development of Use Attainability Analyses (UAAs). The watershed districts have completed UAAs for many of the lakes, as summarized in Table 2.7.1 in Section 2.7. These UAAs include analyses of each lake and its watershed, existing water quality and proposed alternatives to assist in improving water quality. Potential BMPs are identified and their cost and effectiveness evaluated. The City of Eden Prairie will continue to cooperate with the watershed districts as the UAAs are completed to identify potential BMPs for improving water quality, and to evaluate implementation options for water quality improvements consistent both with this Plan and the City’s priorities. Local Water Management Plan Revised November 2008 - 38 - Where lakes do not meet state water quality goals and have been designated Impaired Waters, the City of Eden Prairie will cooperate with the watershed districts and the MPCA in the preparation of a TMDL quantifying the source of pollutant loading and the load reduction necessary to meet state standards, and identifying implementation activities to achieve those reductions gthatthat are consistent with this Plan and the City’s priorities. The City has already previously petitionedpreviously petitioned for projects to improve Rice Marsh, Riley, Mitchell and Round Lakes. The Implementation Plan described in Section 6 includes numerous structural and nonstructural improvements to assist in addressing the BMPs listed in the UAAs for these lakes as well as additional water resources management studies as identified in Tables 2 through 4 in Appendix B. Costs associated with the UAAs are estimated based on information provided by the Watershed Districts. The final costs will be determined based on the results of the TMDL analyses and/or the BMPs selected. 5.4 Education and Outreach Efforts The City recognizes that a critical element in reaching the long-term goals developed for this LWMP is public education on the goals and policies established in this Plan. Several media formats have been developed for distribution to the general public and targeted groups regarding City ordinances, policies, and programs pertaining to water resources management. The city’s Web site, www.edenprairie.org, includes a number of informative pages on water management and water quality topics, including the City’s NPDES Stormwater Pollution Prevention Plan (SWPPP) and annual report, goose management, lake information and reports, links to other useful Web sites, and information on general topics such as landscaping, and yard care, and water conservation, and mosquito control. Interaction with local schools on education programs that focus on sustainability, waste reduction, and environmental stewardship will continue through the City’s Environmental Learning Center (ELC) facility as well as during city events and festivals. The ELC is an interactive activity center and laboratory for use by local school districts that focuses on water conservation and stormwater pollution prevention education. Tours of the City’s water treatment plant are often incorporated into the educational experience. New educational products, such as environmentally-related videos and educational materials are promoted at the ELC. Topics for development of additional educational media could include: Water resource management Wildlife habitat Groundwater protection Litter control Wetlands Pet waste control Native plant establishment Leaf and grass clipping management Wetland, lake and pond buffers Lawn chemical and phosphorus fertilizer usage Table 3 2 in the Appendix B includes budget for Water Resources Education Programs. This would include public outreach and education efforts as well as collection of information on alternative stormwater treatment methods such as the rainwater garden at the Smith-Douglas-More House. These items include collaboration with the Watershed Districts for development of ideas as well as cost sharing. This would include implementation of the educational ideas presented within the Local Water Management Plan Revised November 2008 - 39 - individual UAA’s that are not included in the water quality project guidelines established by the Districts. Natural Resource Surveys have historically played a role in the City’s outreach efforts and w ill continue to be utilized as needed. The surveys provide direct, measurable feedback from city residents on pertinent topics for incorporation into ongoing planning activities. The City also worked with Hennepin County to complete a Natural Resource Inventory in September 2005. Information is distributed through pamphlets, direct mailings, utility bill stuffers, local newspapers, cable television, public meetings, web site and other appropriate media and/or means of distribution. The City recognizes the value of coordination and collaboration with other agencies, and will continue these relationships and will utilize collaborative resources such as WaterShed Partners, Blue Thumb, and Let’s Keep It Clean campaign to maximize resources and message impacts. Local Water Management Plan Revised November 2008 - 40 - 6.0 IMPLEMENTATION PLAN Implementation of the LWMP will require a strategic partnership between the City of Eden Prairie and Riley-Purgatory-Bluff Creek Watershed District, Nine Mile Creek Watershed District, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Department of Natural Resources and Hennepin County. The primary responsibility for the Implementation Plan will rest with the City, but the plan assumes support from the appropriate public agencies. This section is intended to provide guidance in carrying out the water resource management objectives of the City. The Implementation Plan consists of permitting and enforcement of regulations; implementation projects including capital improvement projects, nonstructural maintenance, management and education programs, and management studies; and promotion of Integrated Management Practices and Low Impact Development principles in the design of new developments or redevelopment. 6.1 Responsibilities The following areas of responsibility will continue through the ten years covered by this Plan – 2005-20132012 with the current Plan Update. The watershed districts and Hennepin County will continue to provide technical assistance regarding water quality and wetland management issues. Construction, maintenance, and other capital improvement projects in or along the City’s stormwater management system (i.e., ponds, pipes, and channels) will be the responsibility of the City of Eden Prairie. Stormwater systems owned, operated, and maintained by other governmental units and private properties will continue to be the responsibility of the respective party. Planning and construction of the trunk drainage systems (Nine Mile Creek, Riley Creek, Purgatory Creeks, and Lower Minnesota River) through the City will be the responsibility of the respective watershed district. 6.2 Permitting and Enforcement Numerous local, state, and federal agencies regulate water resources. However, the primary regulators are the City of Eden Prairie; the three watershed districts within Eden Prairie; the Minnesota Department of Natural Resources (MDNR); and the Minnesota Pollution Control Agency (MPCA). These regulations are discussed in Section 2.0 Regulatory Framework. 6.2.1 City As listed in Section 2.1, Eden Prairie has enacted numerous policies and ordinances regulating and managing water resources. Ordinances require the dedication of easements to protect wetlands, ponds, buffers, native vegetation, etc. Developers are required to execute agreements specifying a party responsible for ongoing maintenance and authorizing the City to order work and assess the cost of maintenance if not satisfactorily provided by the responsible party. The City currently manages and regulates the following activities: Local Water Management Plan Revised November 2008 - 41 -  Flood pPlains OrdinanceRegulation, which establishes a Regulatory Flood Elevation of 2 feet above the 1-percent (100-year) flood elevation and prohibits fill in the floodplain, except by permit from the appropriate watershed district.  Shoreland Management Ordinancestandards, which includes establish development requirements, regulation regulate of shoreline alterations and disturbances, identification identify of steep slopes and bluff impact zones, and establish a permitting program.  Wetland Protection OrdinanceStandards for the Protection of Wetlands, including setback and buffer strip requirements, and special permitting requirements for land within the Lower Minnesota River Watershed Districtand Riley-Purgatory-Bluff Creek Watershed Districts, for which Eden Prairie is LGU. Eden Prairie is also LGU for land within the Riley- Purgatory-Bluff Creek Watershed District.  Land Alteration, Tree Preservation, and Stormwater Management Regulations Ordinance regulating the alteration of the landscape, trees, or vegetation; and a permitting programestablishing standards to minimize impact, and replacement requirements; and regulating, construction site erosion and sediment control. These standards ordinance will be reviewed and amended as necessary to incorporate the new one inch infiltration requirements in the Nine Mile Creek Watershed District Water Management Plan, with consideration given to applying this standard citywide.  Steep Slope OrdinanceSloped Ground Development and Regulation standards prohibiting development on slopes in excess of 12 percent that may increase erosion or jeopardize the natural character of the land, including a permitting program.Tree Protection Ordinance regulating the impact of development on overall tree loss within proposed developments. The City Environmental Services section will maintains databases and ArcView GIS mapping of stormwater and wetland information. Environmental Services is part of the Public Works Department. These sources summarize pertinent management information about ponds, wetlands, and other water resources in the city. The information provided for stormwater ponding systems will include physical condition, maintenance histories, pond elevations, watershed acreages, basin sizes, and other as-built information where available. This information is being collected and updated on an ongoing basis as part of the NPDES Phase II permit requirements. Under the requirements of NPDES Phase II, the City has since 2003 implemented a Storm Water Pollution Prevention Program (SWPPP). The SWPPP does include Action Items for development of Stormwater Management and Clean Site Ordinances. These ordinances will include City and watershed district stormwater management requirements for new development and redevelopment. As part of the Clean Site Ordinance, the City’s current Erosion Control Policy will be codified as an ordinance. The Erosion Control Policy is signed by the applicant as part of the Development Agreement and/or during the grading permit process. A spill containment cleanup plan was not developed as part of the LWMP. However, the need to establish local spill containment cleanup plans is being evaluated as part of the City’s SWPPP and Wellhead Protection Plan (WHPP) efforts. Best Management Practices (BMPs) identified in the MPCA-approved SWPPP are implemented on an ongoing basis. Annual activities are detailed in the city’s Annual Report and reviewed at an annual public meeting prior to submittal of the annual report to the MPCA. Local Water Management Plan Revised November 2008 - 42 - The commitments identified in the SWPPP will be complete within five years of the initial NPDES permit approved by the MPCA in 2003. More information about the SWPPP can be found in the Environmental Services Section of the City’s Website (http://www.edenprairie.org/). 6.2.2 Riley-Purgatory Creek-Bluff Creek Watershed District The District’s regulatory program establishes requirements for erosion control and stormwater management. Projects that propose to alter or disturb land su rfaces in excess of one acre, fill within the 1-percent chance (100-year) floodplain, or fill within a wetland as defined by the 1991 Wetland Conservation Act are required to submit a grading and land alteration permit request to the District for review and approval prior to construction. Applicants must provide erosion control and stormwater management plans and, if the project is located within the 1-percent chance (100-year) flood envelope, demonstrate that the low floor elevation is at least two feet above the calculated flood elevation. Water quality ponds must meet NURP design requirements and include skimming of floatable materials. District standards also regulate drainage in steep slope (>3:1) areas adjacent to the bluffs of each creek. A one hundred foot setback from the centerline of the creek is required for all structures, including parking. In addition, General Permitting authority has been given to the District by the MDNR for projects related to shore protection, docks, road crossings a nd maintenance at storm sewer intakes and outfalls. The District is undertaking a Management Plan revision in 2008, which may include revisions to the District’s programs, rules, and standards. The City will review that proposed plan and rule revisions and make any required changes to programs and local controls, including an update of this LWMP if necessary. 6.2.3 Nine Mile Creek Watershed District The District’s regulatory program was revised in 2008 and establishes requirements for erosion control, wetland protection and stormwater management. Projects that propose to alter or disturb in excess of 100 50 cubic yards of material, disturb more than 5.000 square feet of vegetation, fill within the 1-percent chance (100-year) floodplain, or fill within a wetland as defined by the 1991 Wetland Conservation Act are required to submit a grading and land alteration permit request to the District for review and approval prior to construction. Applicants must provide erosion control and stormwater management plans, and if the project is located within the 1-percent chance (100-year) flood envelope, demonstrate that the low floor elevation is at least two feet above the calculated flood elevation. The revised rules provide enhanced wetland protection. The District rules regarding sequencing, replacement wetland ratios, and replacement wetland location are more stringent than required by WCA. The rules require native vegetation buffers to be maintained or established around wetlands, and treatment of stormwater before discharge into wetlands. This buffer requirement has already been incorporated into the City’s ordinances. On-site detention for rate control is required to maintain predevelopment rates of runoff for the 50- percent chance (2 year), 10-percent chance (10 year) and critical 1-percent chance (100-year) storm events. Provisions for water quality must be provided prior to the discharge of surface water to Protected Waters. Water quality ponds must meet NURP design requirements, achieve 60 percent phosphorus removal and 90 percent total suspended solids removal, and include skimming of Local Water Management Plan Revised November 2008 - 43 - floatable materials. The 2008 revisions include a new requirement to retain one inch of runoff from all impervious surfacesurfaces on site through infiltration or other means of abstraction. District standards regulate drainage in steep slope (>3:1) areas adjacent to the bluffs of Nine Mile Creek. A fifty-foot setback from the centerline of the Creek is required of all structures, including parking. In addition, General Permitting authority has been given to the District by the MDNR for projects related to shore protection, docks, road crossings and maintenance at storm sewer intakes and outfalls. 6.2.4 Lower Minnesota Watershed District The District’s regulatory program establishes requirements for erosion control and stormwater management. 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. The Runoff Management Plan must include an Erosion Control plan. 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. Treatment prior to discharge must be provided according to the management category of the downstream water body to which the runoff is being discharged. The District is beginningplanning to begin a Management Plan revision in 20089, which may include revisions to the District’s programs, rules, and standards. The City will review that proposed plan and rule revisions and make any required changes to programs and local controls, including an update of this LWMP if necessary 6.3 Implementation Projects Tables 2, 3 and 4 in Appendix B provides a comprehensive list of the projects, studies, programs, and controls that comprise the City of Eden Prairie’s Implementation Plan, which was updated in 2008 as part of this revised LWMP. Review of existing activities in the City, identification of existing and potential problems and corrective actions and development of comprehensive goals and policies have resulted in targeted needs applicable now and in the future. The Tables include: Table 2 - Capital Improvement Projects Table 3 - Nonstructural Water Resource Management and Educational Programs Table 4 - Water Resource Management Studies Each item in the Implementation Plan was given a priority ranking based on the methodology described in Section 4. The tables reflect shows the relative urgency, estimated total costs, proposed funding sources, and yearly financial outlays for each Implementation Plan component from 2005 2008 to 20092011. Recurring implementation components were calculated for 2008 to 2013. Each tableThe implementation activities in the Stormwater Utility Fee Budget will be reviewed annually by City staff and may require revision or additions as new needs arise, budget priorities are reassessed, and budget amounts are reviewed. 6.4 Development and Redevelopment Standards City staff will encourage the application of Integrated Management Practices (IMPs), Best Management Practices (BMPs) and Low Impact Development (LID) principles in the design of new Local Water Management Plan Revised November 2008 - 44 - developments or redevelopment where feasible. Riley-Purgatory-Bluff Creek Watershed District began development of proposed new rules in 1999 that included recommendations for extended detention and infiltration practices among others to assist in water quality improvements for development. The proposed rules, dated May 28, 2002, are evaluated during the review process. The Nine Mile Creek Watershed District adopted new rules in March 2008 requiring on-site retention of one inch of runoff from new impervious surface. As a part of the Nondegradation Assessment, the City proposed a BMP to review its ordinances to consider requiring this retention requirement city-wide and to evaluate whether additional revisions to the zoning code would be necessary to further encourage Low Impact Development. Many useful IMP / BMP references were consulted for the LWMP. The foremost local reference is the Metropolitan Council’s “Urban Small Sites Best Management Practice (BMP) Manual”, available online at http://www.metrocouncil.org/environment/Watershed/ BMP/manual.htm. This document is referenced in City Code Section 11.55 also. The EPA also provides access to a menu of various IMP and BMP resources on its National Pollutant Discharge Elimination System (NPDES), or stormwater practices, website which can be accessed at http://cfpub.epa.gov/npdes/stormwater/menuofbmps/menu.cfm. The EPA’s Low Impact Development Center’s literature review and Fact Sheets on LID methods is available at http://www.epa.gov/owow/nps/lidlit.html. This literature review was conducted to determine the availability and reliability of data to assess the effectiveness of LID practices for controlling stormwater runoff volume and reducing pollutant loadings to receiving waters. IMP and LID practices are relatively new, and focus on reducing the amount of runoff from the developed landscape to waterbodies. Many of these practices are intended to either reduce runoff or to handle runoff entirely on site by treatment or recycling, such as directing runoff from roofs into rain barrels for reuse or into rainwater gardens for infiltration. The Smith Douglas More House is a City owned historical reuse project that is currently operated by Dunn Brothers coffee shop. A rainwater garden was installed as part of its runoff management system in 2002. This demonstration project will be used to assess the effectiveness of rain gardens as treatment devices and to promote rain gardens as a simple, easy to implement tool for reducing runoff. RPBCWD has proposedconducted a monitoring and maintenance project for from 2004 – to 2006 to evaluate the effectiveness of the stormwater treatment capacity and determined that the rain garden was functioning better than expected.. Other types of Low Impact Design practices that could be evaluated in the future include the use of technologies such as permeable pavers, green roofs, disconnected impervious surfaces, filter strips, and infiltration swales among others. 6.5 Problems, Issues and Opportunities The table on the next page summarizes the City’s primary goals and policies developed to address the problems, issues, and opportunities identified in Section 4 of this Plan as well as the proposed structural and non-structural improvements and management studies outlined in Appendix B. Local Water Management Plan Revised November 2008 - 45 - Table 6.5.1. Goals and Policies Addressing Identified Problems, Issues, and Opportunities. Problem, Issue, or Opportunity Goals and Policies Lake water quality. Various structural and non-structural actions such as adding or upgrading stormwater detention ponds; providing infiltration for water runoff, mitigating wetland loss; providing lake aeration and in-lake treatment; harvesting weeds; controlling geese; and providing for additional lakeshore buffers. Water-based recreational opportunities. Enhancement of access to the City’s water resources through construction of trails and structures such as fishing piers and expanded recreational and open space opportunities. Fish and wildlife habitat. Several structural and non-structural projects to improve fish and wildlife habitat are proposed, including a cooperative lake draw down project with the Three Rivers Park District for Anderson Lake as well as ongoing programs to provide fish stocking, purple loosestrife control, and creation of buffer zones Flooding correction Improvements to maintain or improve the capacity of the storm drainage system will be evaluated as needed. Improvements to stormwater basins. Annual budgeting for a continuing program of basin maintenance and improvements, including erosion and pipe repairs, dredging, and trash removal. Education and outreach efforts. Education and outreach efforts will be continued for programs such as the Environmental Learning Center, the Environmental Fair and the Wetland Health Evaluation Program (WHEP) to provide opportunities for participation by citizen volunteers. Use AttainabilityNondegradation and TMDL requirements. Annual review of the IP upon completion of individual studies. Additional projects or programs will be added to the IP as needed. Maintenance program. The maintenance program includes provisions for regular and special street sweeping; inspection and maintenance of sump manholes and catch basins; basin inspections and repairs; and erosion control. Wellhead Protection Program. City staff will continue to work cooperatively with the MDH and watershed districts to develop policies and guidelines to encourage infiltration and groundwater recharge consistent with protection requirements of groundwater recharge areas in the City. NPDES Phase II permit program. The information gathered for the LWMP will be used during implementation of the City’s Storm Water Pollution Plan (SWPPP). Non- structural improvements such as the enhanced education program, Integrated Management Practices, and the Maintenance Plan will help meet the NPDES Phase II requirements. Collaborative opportunities. The Implementation Program includes several proposed collaborative projects, such as the proposed Anderson Lake draw down project and habitat study with the Three Rivers Park District and construction of additional NURP ponds at the south end of Rice Marsh Lake in cooperation with MnDOTNMCWD, the creek and erosion stability analysis with LMRWD. The city proposes to partner with the watershed districts, MPCA and the MNDNR on numerous a number of water quality and fisheries/habitat projects. Other proposed collaborations include working with the Lower Minnesota Watershed District and the Metropolitan Airports Commission to assure that the future expansion of Flying Cloud Airport includes measures to Local Water Management Plan Revised November 2008 - 46 - Problem, Issue, or Opportunity Goals and Policies reduce Nonpoint Source Pollution, such as maintaining adequate on-site runoff treatment and connecting to the City’s sanitary sewer system. Local Water Management Plan Revised November 2008 - 47 - 7.0 DEVELOPMENT REVIEW GUIDELINES The following measures will be evaluated during the Development Review process: Manage stormwater runoff and erosion or sedimentation for any project removing surface vegetation from lands, which could potentially introduce sediment into public waters. Manage floodplain activities in accordance with all City, state, and federal regulations. Hold runoff rates to predevelopment condition rates. Use of on-site stormwater treatment peak reduction and ponding will be utilized to the fullest extent practical. Encourage use of Integrated Management Practices (IMPs) and Low Impact Development (LID) principles such as rain gardens and bioretention cells, disconnected impervious surfaces, buffer zones, etc. where practical. Analyze the critical 1-percent chance (100-year) frequency storm event using published guidelines and Protecting Water Quality in Urban Areas (Minnesota Pollution Control Agency 1989) for development. Construct new or redeveloped structures adjacent to landlocked basins with a lowest floor elevation at least 2 feet above the flood elevation of two consecutive (back-to-back) 1-percent chance (100-year) return frequency storm events. Outlets may be provided for landlocked basins undergoing development such that a minimum of 2 feet of freeboard between the 1- percent chance (100-year) high water elevation and lowest floor elevation is maintained. Construct new development or redevelopment with a minimum of 2 feet of freeboard between the 1-percent chance (100-year) high water elevation (for regional and local stormwater systems) and the lowest floor elevation, or a minimum of 1-foot above the basin emergency overflow elevation. Provide for overland emergency overflows capable of handling 1-percent chance (100-year) storm flows for all ponds and stormwater basins. Provide compensatory storage equal to the storage losses resulting from floodplain fill. Design stormwater storage facilities to accommodate not less than a critical duration event with a 1-percent chance of occurrence in any given year (100-year return frequency storm). Design new storm sewer systems to accommodate a critical duration event with a 10-percent chance of occurrence in any given year (10-year return frequency storm). The City reserves the right to require design for primary capacity for the 1-percent chance (100-year return frequency) storm dependent upon location, topography, or other extenuating circumstances. Protect wetlands to assure surface water quantity and water quality benefits are not significantly impacted by encroaching development. Meet the minimum stormwater management design requirements established in Protecting Water Quality in Urban Areas (Minnesota Pollution Control Agency 1989) as amended. Incorporate skimming devices into all new or redeveloped stormwater basins. Follow the City’s erosion control policy dated August 1, 1997 and procedures as outlined in the Minnesota Pollution Control Agency's Manual Protecting Water Quality in Urban Areas to mitigate the impact of erosion on wetlands and water resources. Design grading plans to direct overland flows to the designated stormwater basinsystem(s). Prepare a Runoff Management Plan (RMP) for areas within Lower Minnesota River Watershed District (LMRWD) in accordance with District requirements. Local Water Management Plan Revised November 2008 - 48 - 8.0 EDEN PRAIRIE MAINTENANCE GUIDELINES The following guidelines were established for evaluating and scheduling maintenance activities. Table 8.1. Eden Prairie Maintenance Guidelines. Practice Frequency Comments Stormwater Pond Inspections and Maintenance Rotating schedule. Ponds inspected every 3 to 5 years. Known “hot spots” inspected annually. Conduct a brief, on-site inspection to record sediment buildup, skimmer and inlet/outlet structure conditions, erosion at inlet, outlet, and on slopes, debris, vegetation and visual water quality. Maintenance needs will be evaluated based on inspection results. Ditch Inspections Not applicable The Watershed Districts is are responsible for all trunk drainage systems (Nine Mile, Riley, and Purgatory Creeks, and Lower Minnesota River). Street and Parking Lot Sweeping Annually As needed in critical areas, such as new construction sites. Sweep streets once following snowmelt. Sweep newly constructed areas and critical catch basins as needed. Street maintenance areas (such as seal coated streets) swept after maintenance completed. Catch Basin Inspection, Cleaning and Repair Six to seven year rotation based on the seal coat and overlay rotation for roads. Clean catch basins as needed to prevent encroachment of sediment and debris above flow line of pipe; repair deteriorated catch basins. Sump Catch Basin Inspection, Cleaning and Repair Annually Known hot spots as needed. Inspect and cClean sump catch basins as needed to prevent encroachment of sediment and debris or when sumps are ½ full or more. Repair deteriorated sump catch basins as needed. Sediment Removal As needed Results of stormwater pond, wetland, lake and ditch creek inspections will be evaluated to schedule sediment removal projects. Sediment will be scheduled for removal from areas where it impedes stormwater flow or as needed. Herbicide Use in Waters and Along Roadsides Limit Use Use only as needed and when the conditions are right (i.e. wind speed low). Televising, Jetting, and Repair of Storm Sewers and Culverts As needed Televising, jetting, and repair of storm sewers and culverts performed based on results of annual inspections of pipes with a known history of sedimentation problems. This work is done at the discretion of the City. Local Water Management Plan Revised November 2008 - 49 - 9.0 FUNDING CONSIDERATIONS The City of Eden Prairie intends to fund the Implementation Program (IP) through a combination of funding sources. The primary source of funds will be Stormwater Utility Fees. The types of activities included in the IP can be categorized as operations and maintenance; programs and special studies; and capital projects. The operations and maintenance program and most of the proposed programs and special studies would be funded by the Stormwater Utility, the General Fund, or the Water Surcharge Fund. For capital projects, other sources of funding may be available to supplement Stormwater Utility Funds: matching funds from the watershed districts, contributions from other agencies for cooperative projects, or grant funds. 9.1 Stormwater Utility Fees The City’s Stormwater Utility revenue is generated by fees according to land use. This information is summarized below. The stormwater utility fee will be the primary funding source for the Implementation Plan. Table 9.1.1. Current and Projected Stormwater Utility Fees – 2008 through 2012. Structure Land Use Type Quarterly Rate 20042008 20052009* 20062010* 20072012* 20082012* Single family (per lot) $3.004.00 $3.004.00 3.004.00 3.004.00 3.004.00 Multi-Family (per acre) 29.7039.60 $29.7039.6 0 $29.7039.6 0 $31.1539.6 0 $31.1539.60 Industrial (per acre) 39.60 39.60 39.60 39.60 39.60 Commercial/Office (per acre) 38.0751.60 38.0751.60 38.0751.60 40.0051.60 40.0051.60 Institutions (per acre) 33.6644.88 33.6644.88 33.6644.88 35.3544.88 35.3544.88 Parks/Open Space/Golf (per acre) 5.52 5.52 5.52 5.52 5.52 Undeveloped Lands (per acre) 10.0013.20 10.0013.20 10.0013.20 10.0013.20 10.0013.20 Airport/Landfill (per acre) 7.369.84 7.369.84 7.369.84 7.759.84 7.759.84 * Estimated – based on no rate adjustments until 2007after 2012 9.1.1 Implementation Plan (IP) Expenditures Updated Aannual IP expenditures from the Stormwater Utility for the period 2008-2012 are estimated as follows: Table 9.1.1.1. Estimated Annual Cost of Implementation Activities, 2008-2012. Type of Activity Estimated Annual Expenditure Operations and maintenance activitiesWater Quality Studies/Monitoring/Assessments $85,000-90,000 230,000 – 250,000 Programs and non-structural improvementsWater Quality Improvement Projects $200,000-290,000 350,000 – 850,000 Water Quality Management Programs $76,000-92,000$75,000 - $92,000 Education-SWPPPQualityPrograms $18,000-28,000$18,000 - $28,000 Special studiesGeneral Planning $80,000-110,00012,000-22,000$7,500 - $25,000 Capital improvements $360,000-480,000 Estimated Annual Total $ 680,000- 800,000 $680,500 - $1,245,000 Local Water Management Plan Revised November 2008 - 50 - The table below compares the City’s projected Stormwater Utility revenues to the cost of the proposed IP. Table 9.1.1.2. Projected Stormwater Utility Revenues Compared to the Estimated Cost of Plan Implementation. Year Stormwater Utility Fees (estimated) Estimated IP Outlays Estimated Year End Balance (Balance + Fees – Outlays) 2003 2007 – Year end balance $1,000,000 (estimated) 20042008 $800,000 $751,450705,450 $1,095,350 20052009 $1,026,200$800,000 $1,265,1251,196,625 $697,925 20062010 $1,026,200800,000 $1,261,7501,191,250 $306,675 20072011 $1,026,200800,000 $1,240,7501,195,250 -88,575 20092012 $800,0001,026,200 $1,248,2501,197,750 -$485,325 TOTAL $4,904,8005,000,000 $5,766,3255,486,325 -$485,325 It should be noted that the IP assumes that capital projects that are part of the Use Attainability Analyses for the City’s lakes will be cost-shared with the watershed districts. The positive balance within the Stormwater Utility Fund will be used to cover the annual funding gaps through 20092011. Some portions of the projects assumed to be funded in part by watershed districts, such as property acquisition for stormwater ponding, may instead have to be funded by the Stormwater Utility, exacerbating the gap between estimated IP cost and available funding. Additional expenditures may be required due to costs of meeting the regulatory requirements of NPDES or TMDLs or those recommendations presented in the UAAs currently being conducted by the Watershed Districts. 9.1.2 Proposed Fee Structure The City proposes to increased Stormwater Utility Fees by five approximately 30 percent starting in 20072008. As experience is gained with the implementation activities, the City will periodically evaluate the fee structure in relation to actual spending to determine if additional increases are needed as part of the annual utility budget and rate analysis. 9.1.3 Comparison of Residential Stormwater Utility Fee Structures The Minnesota Cities Stormwater Coalition conducted a survey in December 2007 for residential stormwater utility rates within Minnesota. The average stormwater utility fee was $40.16 for the 100 cities that responded. The table below shows examples of the 20022007 or 2008 quarterly rates for single-family properties in other cities. Eden Prairie’s rates are currently on the low end of rates in the Metro area. The fees could be increased substantially beyond the proposed five percent annually and still be in the lower one-third of rates while meeting current stormwater requirements. Table 9.1.3.1. Residential Stormwater Utility Fee in Various Cities. City 2002 2007 or 2008 Quarterly Residential City 2007 or 2008 2002 Quarterly Residential Local Water Management Plan Revised November 2008 - 51 - Rate Rate Blaine $21.00 Bloomington 10.44$12.72 New Hope 10.9518.33 St. Louis Park 6.0011.50 Burnsville 12.6018.18 Plymouth 9.75 Prior Lake 18.00 Richfield 8.809.61 Savage 13.9517.64 Crystal 6.039.00 Apple Valley 11.9415.92 Brooklyn Park 8.00 Minnetonka 14.40 Eagan 6.097.87 Brooklyn Center 11.5013.78 Shakopee 8.106.58 Hopkins 12.0013.50 Lakeville 4.894.75 Robbinsdale 5.8513.05 Eden Prairie 3.004.00 9.2 Watershed District Funding Some projects are eligible for cost share by the watershed districts. Each district has in place cost- sharing policies and a procedure to determine the watershed-wide benefit of improvements petitioned for by the cities. Some of the projects proposed for construction in 2005since 2004 have already been approved by the watershed district for funding consideration. Projects and programs in the IP in subsequent years must be brought forward by the city to the watershed district for individual consideration. 9.3 Other Funding Sources A number of grant funds are available that might supplement city funds which should be evaluated as projects are scheduled. The Metropolitan Council administers the Metro Environment Partnership Grant Program. The Department of Natural Resources (DNR) maintains a number of relevant grant programs. Most of these grants require a 25-50 percent match. Example grant programs include: Environmental Partnerships Grants Metro Greenways Planning Grants Conservation Partners Eurasian Watermilfoil Management Grants Project CORE (Cooperative Opportunities for Resource Enhancement) Outdoor Recreation Grant Local Trail Connections Grants Fishing Pier Grants Shoreline Habitat Grants The Minnesota Pollution Control Agency also administers several grant and loan programs, although these are targeted to water resource studies and TMDL studies. The availability of funds will be evaluated as project needs arise. Local Water Management Plan Revised November 2008 - 52 - 10.0 AMENDMENT PROCEDURES The revised Eden Prairie Local Water Management Plan is intended to extend from 2005 to 20142008 to 2012. However, this document is intended to be a planning tool that will change as the City’s needs change and may be amended as necessary to meet the City’s goals. The Implementation Plan will be reviewed and updated in 20072009. The financial analysis will be reviewed annually and updated as the City’s annual CIP and utility rate studies are completed. 10.1 Public Requests for Amendment Any person or persons either residing or having business within the City can request amendments. Requests for Plan amendment must be submitted in writing to the City Manager. The request shall outline the need for the amendment as well as any materials the City may need to consider before making its decision. City staff shall review the amendment request and determine whether the requested amendment is warranted. Staff shall consider the following options: Reject the amendment request as unwarranted. Accept the request as a minor issue. Minor issues will be added to the Plan on an annual basis through staff amendment. Accept the request as a major issue. The amendment request and the need for a public hearing will be evaluated by City staff, scheduled with the City Council for review and consideration. After review and/or public hearing before the City Council, the amendment will be approved or denied and if necessary, referred to the appropriate watershed district or other agency for comment and approval. 10.2 Staff Amendments City staff shall review development changes and water management-related issues that have occurred on an annual basis. Action or implementation items will be forwarded to the Watershed Districts for review as needed. City Staff will incorporate minor changes, such as wetland delineation results, minor budget changes, basin repair issues or stormwater pond creation, into the Plan or database as needed. Major issues will be brought to the attention of the City Council and/or Watershed District for review and approval. Major issues, such as changes in the rules or plans contained within the Plan, would become effective upon completion of the City Council review and adoption. Local Water Management Plan Revised November 2008 - 53 - 11.0 ACKNOWLEDGEMENTS 11.1 Key Personnel Contacts (2004) Following are key staff contacts for questions regarding the LWMP or its componentsFollowing are the key personnel involved in preparation of the 2004 Local Water Management Plan. City of Eden Prairie Mr. Eugene A. Dietz, Director of Public Works Ms. Leslie A. Stovring, Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: (952) 949-8300 Nine Mile Creek Watershed District / Riley-Purgatory-Bluff Creek Watershed District Mr. Bob Obermeyer, District Engineer Barr Engineering 4700 W. 77th Street Bloomington MN 55435-4803 Telephone: (952) 832-2600 Lower Minnesota River Watershed District Mr. Terry Schwalbe, District Administrator Scott County Government Center 200-4th Avenue West Shakopee MN 55379 Telephone: (952) 496-8842 11.2 Planning Committee (2004) The development of the 2004 LWMP included the ongoing involvement of the following individuals.  City Council Nancy Tyra-Lukens, Mayor Jean Harris, former Mayor Ron Case Jan Mosman Sherry Butcher David Luse Philip Young  City Staff Scott Neal, City Manager Carl Jullie, former City Manager Eugene Dietz Leslie Stovring Mike Franzen Robert Lambert Stuart Fox Mary Krause Alan Gray Kevin Schmieg Local Water Management Plan Revised November 2008 - 44 -  Water Management Planning Task Force (Task Force) Sherry Butcher Terry Jorgenson Jan Mosman Mark Namtvedt Bruce Schaepe Ray Stoelting David Veith Jennifer York  Technical Advisory Panel Board of Water and Soil Resources Department of Natural Resources Metropolitan Council Pollution Control Agency Hennepin Conservation District Riley-Purgatory-Bluff Creek Watershed District Nine Mile Creek Watershed District Lower Minnesota River Watershed District  Consultants Montgomery Watson Harza (MWH) Wenck Associates, Inc. Peterson Environmental Consulting, Inc. 11.3 2008 Plan Update Contacts City of Eden Prairie Mr. Eugene A. Dietz, Director of Public Works Ms. Leslie A. Stovring, Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: (952) 949-8300 Nine Mile Creek Watershed District Mr. Bob Obermeyer, District Engineer Barr Engineering 4700 W. 77th Street Bloomington MN 55435-4803 Telephone: (952) 832-2600 Riley-Purgatory-Bluff Creek Watershed District Mr. Paul Haik, Administrator Krebsbach and Haik 225 South Sixth Street Suite 4320 Minneapolis, MN 55402 Telephone: (612) 333-7400 Lower Minnesota River Watershed District Mr. Terry Schwalbe, District Administrator 112 E 5th St, Suite 102 Chaska, MN 55318 Telephone: (952) 856-5880 Local Water Management Plan Revised November 2008 - 2 - APPENDICES Appendix A – Figures Appendix B – Tables Appendix C – Lake Data & Information Sheets Local Water Management Plan Revised November 2008 - a - APPENDIX A - FIGURES Figure 1 – City Map Figure 2 – Land Use Map Figure 3 – City Water Body Map Figure 4 – National Wetlands Inventory Map Figure 5 – Hydrologic Settings Figure 6 – Eden Prairie Watersheds Figure 7 – Riley Creek Watershed Figure 8 – Purgatory Creek Watershed Figure 9 – Nine Mile Creek Watershed Figure 10 – Future Land Use (2030) Local Water Management Plan Revised November 2008 - b - APPENDIX B - TABLES Table 1 – Eden Prairie General Lake Classification & Information Table 2 – Capital Improvements for Water Resources Table 3 – Non-Structural Water Resource Management and Education Programs Table 4 – Water Resource Management Studies Table 5 – Implementation Plan Summary Table Table 2 – Local Water Management Plan Budget 2008 - 2012 Local Water Management Plan Revised November 2008 - c - APPENDIX C – LAKE DATA & INFORMATION SHEETS Eden Prairie Lake Data Table Fact Sheets: Anderson Lakes Birch Island Lake Bryant Lake Duck Lake Idlewild Lake Mitchell Lake Red Rock Lake Rice Marsh Lake Riley Lake Round Lake Smetana Lake Staring Lake EXPENSECOST SHARE OPPORTUNITIESPRIORITY20082009201020112012TOTAL EXPENSECOMMENTSWater Quality Studies / Monitoring / Assessments - Bearpath Bog Monitoring-High $10,000 $2,500$0$0$0$12,500USACOE to be contacted for discontinuing monitoring after 2008 - Erosion Control Monitoring-High $7,500 $7,500 $7,500 $7,500 $7,500$37,500 - Evaluation of ponds for storage capacity (NPDES) - High $0 $20,000 $25,000 $25,000 $25,000$95,000Estimated cost is $1,000 per pond for assessments - start on ponds 1/2 acre in size or more - General water quality / invasive species surveys - High $10,000$10,000 $10,000 $10,000 $10,000$50,000 - Lake Water Quality Analyses / AssessmentsRPBCWD Medium $7,500 $7,500 $10,000 $15,000 $20,000$60,000For impaired waters such as Duck, Staring and Red Rock Lake not address by Watershed District - Lower Riley Creek Erosion & Streambank Stability Feasiblity Assessments RPBCWD High $5,000 $35,000 $15,000 $10,000 $10,000$75,000For the area south of Prospect Road - Neill Lake - Dike Study -Medium $25,000 $0$0$0$0$25,000Embankment Survey, Vane sheer soil strength test, etc. - Purgatory Creek Erosion & Streambank Stability Feasiblity AssessmentsLMRWDHigh$50,000 $50,000 $50,000 $50,000 $25,000$225,000 - Stormwater Structure Inspection & Maintenance-High $40,000$40,000 $45,000 $50,000 $50,000$225,000 - Streambank Stability Monitoring / Erosion Assessment-High $2,500 $5,000 $5,000 $5,000 $5,000$22,500Starting with key areas in Lower Riley Creek - TMDL AssessmentsMPCA / Watershed DistrictsHigh $1,500 $25,000 $50,000 $50,000 $50,000$176,500Starting with Lower Riley Creek and Lower Bluff Creek - Topographic mapping-Medium $50,000 $0$0$0$0$50,000 - Water Quality Monitoring Station (Lower Riley Creek)Met CouncilHigh $10,000 $10,000 $10,000 $10,000 $15,000$55,000Met Council provides and additional $4,000 per year - Wetland Bank Management, Maintenance and Monitoring-High $20,000 $20,000 $20,000 $15,000 $15,000$90,000City wetland mitigation site monitoring, maintenance and repairsWater Quality Improvement Projects - Anderson Lakes - Stormwater Pond Repair / Easement Acquisition / UAA AssistanceNMCWDHigh $1,000 $95,000 $10,000 $1,500 $500$108,000 - Birch Island Woods - UAA AssistanceNMCWDLow$500 $1,000 $1,000 $1,000 $500$4,000 - Bryant Lake / Cardinal Creek - Easement Acquisition / UAA AssistanceNMCWDHigh$500 $75,000 $1,000 $500 $500$77,500Includes easement acquisition for Cardinal Creek area - Drainage and Road Projects-Medium $125,000 $125,000$125,000 $125,000 $125,000$625,000 - Duck Lake - Accessibility improvements, habitat analysis, etc.-Low $5,000 $1,500 $2,000 $125,000 $125,000$258,500Complete lake assessment, fishery analysis, habitat analsis, access repairs, etc. as needed - Dunn Brothers Rain Garden Improvement and Maintenance Project-Medium $7,500 $5,000 $1,000 $1,000 $500$15,000 - Eden Lake - Outlet Structure Improvements-Medium $40,000 $40,000 $10,000 $0$0$90,000Surface water overflow - General stormwater pond repair and maintenance-High $50,000 $50,000 $50,000 $100,000 $100,000$350,000 - Lower Riley Creek Steambank Stability ProjectsRPBCWDHigh $5,000 $175,000 $200,000 $150,000 $125,000$655,000Starting with Reach H2/H3 by Hennepin Village - Mitchell Lake - Habitat Analysis / Stormwater Management ProjectsRPBCWD Medium $1,500 $500 $500$500 $500$3,500Primarily a watershed district project at this time - Neill Lake - Easement Acquisition, Construction & Repair-Medium $0$0 $100,000 $50,000 $0$150,000 - Nine Mile Creek TMDL ProjectsNMCWDHigh$0$5,000 $10,000 $15,000 $10,000$40,000Chloride / Fish IBI Impaired - Purgatory Creek / Minnesota River Bank Stabilization Projects LMRWD Medium $50,000 $200,000 $200,000 $110,000 $50,000$610,000Lower Minnesota River Watershed District petitioned projects - Red Rock Lake projects-Medium $0$5,000 $15,000 $35,000 $100,000$155,000Update lake assessement and establish projects for water quality improvements - Riley / Rice Lake projectsRPBCWD Medium $500 $500$0$0$0$1,000 - Round Lake projectsRPBCWDHigh $15,000 $15,000 $10,000 $5,000 $5,000$50,000Coordinate with watershed district to complete water quality analysis, fish mangement, pond management, goose management and other activities as needed - Staring Lake projects-Medium $0$5,000 $15,000 $50,000 $150,000$220,000Complete lake assessment and establish projects - Stormwater Retrofit / Low Impact Development Demonstration ProjectsNMCWDMedium $0$5,000 $10,000 $5,000$0$20,000In NMCWD Plan - Street Sweeping-High $35,000 $40,000 $50,000 $50,000 $50,000$225,000 - Water Treatment Plant Garden & Signage Repair-Medium $7,500 $2,500$0$0$1,500$11,500LOCAL WATER MANAGEMENT PLAN BUDGET 2008 - 2012 EXPENSECOST SHARE OPPORTUNITIESPRIORITY20082009201020112012TOTAL EXPENSECOMMENTSLOCAL WATER MANAGEMENT PLAN BUDGET 2008 - 2012Water Quality Management Programs - FEMA EvaluationLMRWDLow $7,500 $2,500$0$0$0$10,000 - Goose Control-Medium $20,000 $20,000$25,000 $25,000 $25,000$115,000 - GPS Equipment Upgrades / Replacement-Low $1,000 $1,000 $15,000 $1,000 $1,500$19,500 - Groundwater protection plan implementation in relation to stormwater impacts -High $1,000 $5,000 $5,000 $5,000 $5,000$21,000Share with wellhead protection budget - Invasive Species Control (i.e. purple loosestife, etc.)-High $5,000 $5,000 $5,000 $5,000 $5,000$25,000 - NPDES Program Oversight-High $15,000 $15,000 $15,000 $15,000 $15,000$75,000 - Rate Control and Infiltration Ordinance Development-High $2,500 $2,500$0$0$0$5,000NPDES / Nondegradation Requirements - Stormwater Utility Rate Assessment-High $5,000$0$0$0$0$5,000 - Water Body Inventory Updates-High $5,000 $5,000 $7,500 $10,000 $10,000$37,500 - Weed Harvesting-Medium $10,000 $10,000$10,000 $10,000 $10,000$50,000 - Wetland Conservation Act (WCA) Administration - High $10,000$10,000 $10,000 $15,000 $15,000$60,000Consulting Fees and Staff TimeEducation - Stormwater Pollution Prevention Plan Elements (NPDES) - Citizen Assisted Monitoring Program (CAMP)City of Chanhassen Low$825 $1,375 $1,500 $1,500 $1,500$6,700 - Let's Keep It Clean Media Program-Medium $3,500 $3,500 $3,500 $3,500 $3,500$17,500 - Minnesota Cities Stormwater Coalition Membership-High $1,625 $2,000 $2,000 $2,000 $2,000$9,625 - Public Education and Outreach-High $5,000 $5,000 $7,500 $10,000 $10,000$37,500NPDES Education beyond individual projects (for example for infiltration, raingardens, pond and lake care, stormwater management, shoreland restoration and others) - Shoreland Restoration / Infiltration Grants-Medium $2,000 $2,500 $3,500 $5,000 $5,000$18,000 - Storm Drain Marking -Medium $0$250 $250$250 $250$1,000 - Wetland Health Evaluation Program (WHEP)Hennepin County High $5,000 $5,000 $5,000 $5,000 $5,000$25,000General Planning - Local Water Management Plan Update-Medium $10,000 $10,000 $5,000 $5,000$0$30,000To meet updated Watershed District requirements - Nondegradation Plan Preparation / Plan Updates - High $10,000 $10,000 $2,500 $2,500 $5,000$30,000 - Stormwater Pollution Prevention Plan Updates-High $2,500 $2,500 $10,000 $2,500 $2,500$20,000TOTALS$705,450 $1,196,625 $1,191,250 $1,195,250 $1,197,750 $5,486,325 Source: Cit of Eden Prairie Metro eolitan Council mapkv. CI Low Density Residential 0-2.5 Units/Acre LZ3 Low Density/Public/Open Space = Medium Density residential 2.5-10 Units/Acre = Medium Density Residential/Office High Density Residential 10-40 Units/Acre CI Office 174 Office/Industrial Office/Public/Open Space CI Golf Course Industrial I Public/Quasi-Public Neighborhood Commercial = Airport Community Commercial 1 1 Church/ Cemetery Regional Commercial CI Open Water Town Center = Right-Of-Way Park/Open Space 0 0.5 Miles Figure 3.2 Future Land Use (2030) COMPREHENSIVE PLAN UPDATE 2007 Nov, 2007 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 1, 2008 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Fee Schedule Ordinance ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Synopsis This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachment Proposed Ordinance Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008 AN ORDINANCE OF T1rE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by adding section "Fee Schedule for Administration of Official Controls." The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE I DESCRIPTION .- BUILDING INSPECTIONS Building Permit - Valuation to $500 $30.00 $501 to $2,000 $30.00 1st $500 plus $3.65 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $84.75 1st $2,000 plus $16.60 each add'l $1,000 or fraction thereof, to & including $25,000 $25,00 to $50,000 $466.55 1 $25,000 plus $12.15 each add'l $1,000 or fraction thereof, to & including $50,000 $50,00 to $100,000 $770.30 1 $50,000 plus $8.50 each add'l $1,000 or fraction thereof, to & including $100,000 $ 00,001 to $500,000 $1,195.30 1 st $100,000 plus $6.80 each add'l $1,000 or fraction thereof, to & including $500,000 $500,001 to $ ,000,000 $3,915.30 1 st $500,000 plus $5.60 each add'l $1,000 or fraction thereof, to & including $1,000,000 $ ,000,001 & up $6,715.30 1 st $1,000,000 plus $4.55 each add'l $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee if valuation is greater than $10,000 . Reinspection $50.00 Per hour Demolishing or Razing Buildings — Commercial Building $100.00 Demolishing of Razing Buildings - House $25.00 Demolishing or Razing Buildings - Garage $10.00 Demolishing or Razing Buildings — Accessory Building $10.00 Demolishing or Razing Buildings - Interior Demo $25.00 Demolishing or Razing Buildings — Exterior Demo $25.00 Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, Industrial $11,500.00 Per acre DEVELOPMENT Community Development Deposit 0 to 40 Acres $3,700.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres ' $4,040.00 81+ acres $4,610.00 Guide Plan Charge $630.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee $690.00 Plus $5.00 per acre Planned Unit Development Amendment $690.00 Plus $5.00 per acre Platting Residential-0 to 10 units $450.00 Plus $5.00 per unit Residential-11 or more $560.00 Plus $5.00 per unit 2 SERVICE FEE DESCRIPTION Commercial, Industrial, Office, Public-0 to 3 acres $450.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $575.00 Plus $25.00 per acre Site Plan Review Administrative $310.00 Site Plan Review (City Council) Multi-Family-0 to 10 units $445.00 Plus $5.00 per unit Multi-Family-11 or more units $550.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $445.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $565.00 Plus $25.00 per acre ZONING Commercial, Industrial, Office, Public 0-3 acres $450.00 Plus $25.00 per acre 3.1 or more acres $565.00 Plus $25.00 per acre Residential 0-10 units $450.00 Plus $5.00 per unit 11 or more units $565.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in public waters $75.00 Change in structure in public waters $75.00 Multiple dock or dock excess of 75' $75.00 Zoning Amendment and Zoning Appeal Zoning amendment $240.00 Appeal to Board of Adjustments and Appeals Variances Residential $335.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $550.00 Includes variances associated with properties zoned office, industrial, commercial and residential 3 SERVICE FEE DESCRIPTION Variances Building or Fire Code Appeal $230.00 .i.:40:8:18044.400.011410181001.0M .,. Commercial Wireless Communications towers and/or antennas Administrative $255.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred Variances required for tower and/or antennas See Development Fees Site Plan Review required for tower and/or antennas See Development Fees wv -wsugtx. Environmental Assessment Worksheet (E.A.W.) $300.00 Plus $5.00 acre Excavation & Grading — Grading Permit Fee 101 to 1,000 cubic yards $46.00 1 st 100 cubic yards, plus $21.80 for each add'l 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $242.00 1 st 1,000 cubic yards, plus $18.50 for each add'I 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $410.00 1 st 10,000 cubic yards, plus $83.00 for each add'I 10,000 cubic yards or fraction thereof 100,001 or more $1,157.00 1 st 100,000 cubic yards, plus $43.30 for each add'I 10,000 cubic yards or fraction thereof Reinspection fee $64.00 Each *The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review fees $37.00* Per hour / Minimum charge is one half hour required by changes, additions or revisions to approve plans Inspections outside normal business hours $64.00* Per hour / Minimum charge is two hours Inspection for which no fee is specifically indicated $64.00* Per hour / Minimum charge is one half hour 4 SERVICE FEE DESCRIPTION Additional plan review required for changes, additions, or revisions to approved plans $64.00* Per hour / Minimum charge is one half hour Excavation & Grading — Plan Checking Fee 101 to 1,000 cubic yards $46.00 1,001 to 10,000 cubic yards $63.00 10,001 to 100,000 cubic yards $63.00 1 st 10,000 cubic yards, plus $31.70 for each add'l 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $348.00 1 st 100,000 cubic yards, plus $17.40 for each add'l 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $505.00 1 st 200,000 cubic yards, plus $8.70 for each add'l 10,000 cubic yards or fraction thereof Additional plan review fees $37.00 Per hour / Minimum charge is one half hour, required by changes, additions or revisions to approve plans Public Right -of Way or Easement Vacation Application Fee $288.00 Per transaction / for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs Up to 30 sq ft in size $64.00 31 sq ft through 50 sq ft in size $85.00 51 sq ft through 80 sq ft in size $106.00 81 sq ft or over $133.00 Charge for returning picked up signs $10.00 ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering — Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 5% multiplied by the total construction cost Not applicable to projects built by city through special assessment. Cost include public infrastructure improvements (excluding grading costs), 5 SERVICE FEE DESCRIPTION subject to approval by City Engineer payable prior to start-up. Final Plat Residential $57.00 Per unit / Minimum $320.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, $138.00 Per acre / Minimum $320.00 Office and Public Administrative Land $73.00 Division LGU Review Min. Payment is $160. $80.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after fmal City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit -Plan Review An LGU deposit agreement is required for wetland alteration, wetland replacement, wetland restoration $3,500.00 6 SERVICE FEE DESCRIPTION and/or wetland bank plan reviews LGU Deposit — Site Review Single Family Residential $160.00 Site Review or Development Review $1,000.00 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2009. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of December, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of December, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on November 20 th , 2008. 7 2008 Ordinances Changes %Change SERVICE DESCRIPTION 2008 2009 08 to 09 BUILDING INSPECTIONS Cash Park Fee Single Family Unit All other residential Office, Commercial, Industrial DEVELOPMENT Community Development Deposit 0 to 40 acres 41 to 80 acres 81 + acres Guide Plan Charge Planned Unit Development (P.U.D.) Fee Planned Unit Development Amendment Platting Residential - 0 to 10 units Residential - 11 or more units Commercial, Industrial, Office, Public -0 to 3 acres Commercial, Industrial, Office, Public -3.1 or more acres Site Plan Review Administrative Site Plan Review (City Council) Multi-Family -0 to 10 units Multi-Family - 11 or more units Commercial, Industrial, Office, Public - 0 to 3 acres Commercial, Industrial, Office, Public -3.1 or more acres ZONING Commercial, Industrial, Office, Public 0-3 acres 3.1 or more acres Residential 0-10 units 11 or more units Per unit 6,000.00 6,500.00 8.3% Per unit 5,000.00 5,500.00 10.0% Per acre 11,000.00 11,500.00 4.5% A development deposit agreement is required for planned unit developments, planned unit 3,600.00 3,700.00 2.8% development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets. 3,925.00 4,040.00 2.9% 4,475.00 4,610.00 3.0% Plus $5.00 per acre 610.00 630.00 3.3% Plus $5.00 per acre 670.00 690.00 3.0% Plus $5.00 per acre 670.00 690.00 3.0% Plus $5.00 per unit 435.00 450.00 3.4% Plus $5.00 per unit 545.00 560.00 2.8% Plus $25.00 per acre 435.00 450.00 3.4% Plus $25.00 per acre 560.00 575.00 2.7% 300.00 310.00 3.3% Plus $5.00 per unit 430.00 445.00 3.5% Plus $5.00 per unit 535.00 550.00 2.8% Plus $25.00 per acre 430.00 445.00 3.5% Plus $25.00 per acre 550.00 565.00 2.7% Plus $25.00 per acre 435.00 450.00 3.4% Plus $25.00 per acre 550.00 565.00 2.7% Plus $5.00 per unit 435.00 450.00 3.4% Plus $5.00 per unit 550.00 565.00 2.7% Shoreland Management Ordinance Permits Temporary structure in public waters 70.00 75.00 7.1% Change in structure in public waters 70.00 75.00 7.1% Multiple dock or dock excess of 75' 70.00 75.00 7.1% Page 1 of 3 SERVICE Zoning Amendment and Zoning Appeal Zoning amendment Variances Residential 2008 Ordinances Changes DESCRIPTION Appeal to Board of Adjustments and Appeals Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code %Change 2008 2009 08 to 09 230.00 240.00 4.3% 325.00 335.00 3.1% Variances Other Includes variances associated with properties zoned office, industrial, commercial and residential 535.00 550.00 2.8% ENGINEERING Excavation & Grading - Grading Permit Fee 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 or more 1st 100 cubic yards plus $21.20 (21.80- '09) for each add'I 100 cubic yards or fraction thereof $44.00 $46.00 4.5% 1st 1,000 cubic yards plus $18.00 (18.50-09) for each add'I 1,000 cubic yards or fraction thereof $235.00 $242.00 3.0% 1st 10,000 cubic yards, plus $81.00 (83.00-09) for each addl 10,000 cubic yards or fraction $398.00 $410.00 3.0% thereof 1st 100,000 cubic yards, plus $43.30 for each addi 10,000 cubic yards or fraction thereof $1,124.00 $1,157:00 2.9% Reinspection fee Each $62.00•$64.00 3.2% **The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Additional plan review fees Inspections outside normal business hours Inspection for which no fee is specifically indicated Additional plan review required for changes, additions, or revisions to approved plans Excavation & Grading - Plan Checking Fee 101 to 1,000 cubic yards 1,001 to 10,000 cubic yards Per hour/ Minimum charge is one half hour required by changes, additions or revisions to approve plans Per hour/ Minimum charge is two hours Per hour / Minimum charge is one half hour Per hour / Minimum charge is one half hour $36.00 $37.00 2.8% $62.00 $64.00 3.2% $62.00 $64.00 3.2% $62.00 $64.00 3.2% $44.00 $46.00 4.5% $61.00 $63.00 3.3% 10,001 to 100,000 cubic yards 100,001 to 200,000 cubic yards 200,001 cubic yards or more 1st 10,000 cubic yards, plus $30.80 (31.70-J09) for each addl 10,000 cubic yards or fraction $61.00 $63.00 3.3% thereof 1st 100,000 cubic yards, plus $16.90 (17.40-09) for each addl 10,000 cubic yards or fraction $338.00 $348.00 3.0% thereof 1st 200,000 cubic yards, plus $8.45 (8.70-09) for each add'I 10,000 cubic yards or fraction $490.00 .$505.00 3.1% thereof Page 2 of 3 2008 Ordinances Changes DESCRIPTION Per hour /minimum charge is one half hour, required by changes, additions or revisions to approve plans Per transaction / for vacating the City's interest in real property, including right-of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) SERVICE Additional plan review fees Public Right-of Way or Easement Vacation Application Fee • %Change 2008 2009 08 to 09 $36.00 $37.00 2.8% $279.00 $288.00 3.2% Signs Up to 30 square feet in size 31 square feet through 50 square feet in size 51 square feet through 80 square feet in size 81 square feet or over Final Plat Residential Per unit! Minimum $320.00plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by Cit Engineer payable prior to start-up $62.00 $64.00 3.2% $82.00 $85.00 3.7% $103.00 $106.00 2.9% $129.00 $133.00 3.1% $56.00 • $57.00 1.8% Commercial, Industrial, Office, and Public Per acre / Minimum $320.00 $134.00 $138.00 3.0% Administrative Land Division $71.00 $73.00 2.8% • LOU Review $75.00 $80.00 6.7% LGU Deposit - Plan Review $3,000.00 $3,500.00 16.7% Page 3 of 3 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 1, 2008 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Fee Resolution ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Approve the 2009 Fee resolution Synopsis This Resolution establishes a fee schedule for the City’s services not covered by ordinance. Attachment Proposed Resolution Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 2008 A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: Page Business Licenses 1 Office of the City Manager Customer Service 2 Facilities 2 Finance 2 Community Development Assessing 2 Parks & Recreation Community Center 3 Community Center-Policy of Group Rate 8z Liabilities 4 Community Center-Advertising Fees 4 Oak Point Pool 4 Beaches 5 Organized Athletics 5 Art Center 5 Pleasant Hills Cemetery 5 Community Garden Plots 5 Police 5 Fire Building Inspections 6 Other 8 Public Works Services Engineering 8 Engineering Land Development Services 8 Utilities 8 Facilities Rental Facility Rental Information 10 City Center 8z Community Meeting Rooms 11 Garden Room 11 Community Center 12 Oak Point Pool 13 Park Facilities Rental 13 Senior Center Rental 14 Attachment A - Miscellaneous Fire Fees 15 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 1st day of December, 2008, to be effective the 1st day of January, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk 2009 Fee Resolution Service Fee Description Liquor On-Sale Fraternal Clubs Liquor on-sale Investigation fee $ 800.00 Annual - If less than one year, amount will be prorated over remaining months. $ 175.00 Annual - If less than one year, amount will be prorated over remaining months. $ 500.00 Initial application $ 250.00 Annual $ 8,750.00 Annual - If less than one year, amount will be prorated over remaining months. $ 500.00 Initial application $ 50.00 License change - new manager $ 150.00 License change - other than management change $ 100.00 Annual - If less than one year, amount will be prorated over remaining months. $ 500.00 Initial application $ 50.00 License change - new manager $ 150.00 License change - other than management change BUSINESS LICENSES Liquor - Non-Intoxicating Malt Liquors On-sale Off-sale Investigation fee Liquor - Intoxicating Malt Liquors Growlers (off-sale) Liquor On-Sale On-sale Investigation fee Liquor On-Sale Non-Fraternal Clubs Liquor on-sale $ 4,250.00 Annual Investigation fee $ 500.00 Initial application $ 50.00 License change - new manager $ 150.00 License change - other than management change Liquor On-Sale Wine On-sale $ 2,000.00 Annual - If less than one year, amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application $ 50.00 License change - new manager $ 150.00 License change - other than management change Liquor Other Temporary beer Requires application Temporary wine - Requires application Sunday liquor $ 200.00 Annual - If less than one year, amount will be prorated over remaining months. Special events $ 200.00 Per event Liquor Investigation Fee An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior approval, if the investigation is required outside the State. Other Bingo (Gambling) Cigarettes Dog kennels (Commercial) Dog kennels (Private) Dog license Inspections (Plumbing) Non-profit solicitor Peddlers Raffle (Gambling) Refuse & garbage collectors Scavengers Requires application 300.00 Annual - If less than one year, amount will be prorated over remaining months. 80.00 Annual - If less than one year, amount will be prorated over remaining months. 30.00 Annual - If less than one year, amount will be prorated over remaining months. Required for 3-5 animals. Must also purchase individual dog licenses. 20.00 Biannual No fee - State bond/insurance required Requires application 35.00 Annual - Government issued identification required Requires application 100.00 Annual - let Vehicle 25.00 Annual - Each additional vehicle 10.00 Annual 2009 Fee Resolution Service Fee Description CUSTOMER SERVICE City Code City code - bound copy Chapter 11 &12 Maps and Printing let map per resident - Citywide fold up Map Additional maps - Citywide fold up Map $ 100.00 Original $ 10.00 No fee - distributed at customer service desk 0.50 Each additional map - Distributed at customer service desk Large map printing per square foot-black and white Large map printing per square foot-color City maps/plat/half section, black and white-8 1/2 x 11 City maps/plat/half section, color-8 1/2 x 11 City maps/plat/half section, black and white-11x17 City maps/plat/half section, color-11x17 City maps/plat/half section, black and white-24 x 36 City maps/plat/half section, color-24 x 36 City maps/plat/half section, black and white-36 x 48 City maps/plat/half section, color-36 x 48 Aerial photo added to any map is an additional: CD ROM specifications GIS Services Custom Mapping Fee - per hour minimum Custom GIS Analysis Fee - per hour minimum Digital GIS Data Requests 28 Contours - per sq mile Spot Elevation Point Data - per sq mile Base Map Data - citywide data City Council agendas City Council minutes Duplicating costs Planning Commission agendas Planning Commission minutes Miscellaneous printing Annual. Pro-rated. annual. Pro-rated. Per page, plus postage, if applicable Annual. Pro-rated. Annual. Pro-rated. 1.00 1.75 1.00 2.00 $ 2.50 $ 5.00 $ 5.00 $ 10.00 10.00 20.00 10.00 20.00 $ 25.00 $ 50,00 $ 10.00 $ 10.00 $ 60.00 24.00 75.00 0.25 24.00 50.00 Video tape/DVDs of Council & Commission meetings $ 5.00 Per tape/DVD, plus postage, if applicable FACILITIES Audio-Visual Equipment Dry erase board (3'x5') with markers Easel Extra pad of paper Flipcharl/dry erase (24"x30") with paper Microphone/stand & speakers Microphone, wireless clip-on and speakers Overhead projector Podium, floor model Podium, table top model Slide projector with carousel Screen, projection (tripod stand) 6'x6' TVNCR on cart Building Supervisor Monday-Thursday, 5:00 p.m. - 10:00 p.m. Weekends Custodial Time and a half will be charged on weekends FINANCE Tax Exempt Financing Charge Application fee Annual fee: ASSESSING Value Abatement Per parcel $ 7.50 $ 5.00 $ 12.00 Each $ 10.00 $ 15.00 $ 20.00 $ 15.00 $ 7.50 $ 5.00 $ 15.00 $ 10.00 $ 15.00 $ 5.00 Per hour $ 10.00 Per hour $ 25.00 Per hour $ 2,000.00 Per transaction 1/8 of 1% on the unpaid principal balance at the end of each 12-month period. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorization. This charge is effective for all new projects receiving council authorization on or after March 1, 1991 for the issuance of revenue authorization and for all existing projects which require council authorization on or after March 1, 1991. 25.00 Per year Copy of Appraisal/Field Card $ 2.00 2 2009 Fee Resolution Service Electronic Copies of Data Bases Basic set-up charge Plus Plus media charge Printed Copies of Reports or Databases Basic set-up charge Plus Electronic Copies of Reports Basic set-up charge Plus Fee Description $ 300.00 Prepayment required for all set-up charges (includes $100.00 for LOGIS) $ 0.05 Per record At actual cost $ 200.00 Prepayment required for all set-up charges $ 0.25 Per page $ 200.00 Prepayment required for all set-up charges $ 0.05 Per record COMMUNITY CENTER Community Center Membership Benefits 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except contract labor classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Additional Information 1. One time administrative fee of $25.00 2. Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on the 1st of every mo n t h . 3. 10% discount for 12 month up front payment. 4. $5.00 monthly suspension fee available for up to 3 months per 12 month term. Guidelines for Membership Types Youth Membership Defined as any child 18 years of age and younger. Adult Membership Defined as any individual ages 19 years of age and older. Dual Membership Any two adults or adult and youth residing at the same address. Dual Plus One Any two adults plus one youth or one adult and two youths residing at the same address. Household Membership Any two adults and up to four youth residing at the same address. Senior Defined as any individual 62 years of age and older. Extended Household See Community Center Management for membership options that include larger families, nannies, and babysitters. Senior Dual Membership Any one senior and one additional member (55 or older) residing at the same address. Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. Valid for 12 months from date of purchase. 10% discount on upfront purchase of 12 month membership Youth (18 and under) Adult (19 and over) Dual Dual Plus One Household Senior (62 and older) Senior Dual Monthly Non Resident Membership Rates Youth (18 and under) Adult (19 and over) Dual Dual Plus One Household Senior (62 and older) Senior Dual $ 24.00 Monthly rate plus applicable taxes $ 32.00 Monthly rate plus applicable taxes $ 57.00 Monthly rate plus applicable taxes $ 67.00 Monthly rate plus applicable taxes $ 77.00 Monthly rate plus applicable taxes $ 24.00 Monthly rate plus applicable taxes $ 42.75 Monthly rate plus applicable taxes $ 38.40 Monthly rate plus applicable taxes $ 38.40 Monthly rate plus applicable taxes $ 68.40 Monthly rate plus applicable taxes $ 80.40 Monthly rate plus applicable taxes $ 92.40 Monthly rate plus applicable taxes $ 38.40 Monthly rate plus applicable taxes $ 68.40 Monthly rate plus applicable taxes Equipment Rental Free to Eden Prairie non profit service organization groups. Ice Skates 1.50 Per pair Overhead projector 15.00 Per use Projector screen 10.00 Per use Racquetball racquets 2.00 Per racquet TVNCR cabinet 15.00 Per use Play Care Play Care - Member Play Care - Nonmember Play Structure 24 months and under 24 months to four years 5 years to 15 years Free $ 3.00 $ 4.00 Per child, per visit Per child, per visit Per child, per visit 2.00 Two hours; Two hour maximum 3.00 Two hours; Two hour maximum 3 2009 Fee Resolution Service, Fee Description Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball) *4 Must be age 14 and up to use Fitness Center Members Free Individual Resident $ 7.50 Youth or adult Family Resident $ 15.00 Up to six people living at the same address Individual Non Resident $ 9.50 Youth or adult Family Non Resident $ 19.00 Up to six people living at the same address Open Skate, Swim and Gym '4 Resident and Non Resident - fee is for the use of open swim, open skate, and open gym) Tots Youth Adult Family rate Lifeguards One to 50 swimmers 51-100 swimmers 101 or greater Special Ice Rates - School District 272 Physical education classes Hockey games Special Pool Rates - School District 272 Physical education classes Lifeguard training class with EP School Phy Ed Dept $ 3.00 4 years of age and under $ 4.00 5 years of age to 18 years of age $ 7.50 19 years of age or older $ 13.00 Up to six people living at the same address $ 15.00 Per hour Second lifeguard required Third lifeguard required Add'I lifeguards will be determined by management depending on group size and age $ 70.00 Per hour - 50% of non-prime time rate Prime time rate - Personnel required to run the games supplied by others. Based on prime time rate for 5,490 total square feet $ 95.00 Per student ($1,000 minimum) when course is conducted by City Staff COMMUNITY CENTER - POLICY OF GROUP RATE & LIABILITIES Group Rentals " Groups of 20 or greater will receive free rental skates when purchasing ice Lock-In - 11 p.m. to 5:30 a.m. " Lock-in groups will be charged an additional $1 per person for groups greater than 150. Personal costs above stated rates include one build i n g s u p e r v i s o r . " Supervision will be at the discretion of the Community Center management. This will be based on the number of people to be using the cen t e r , a s w e l l as the age and type of group. Skate Rental $ 1.50 Lifeguards $ 15.00 Per hour " 1 to 50 participants - 2 lifeguards requiredD " 51 to 100 participants -3 lifeguards required "* 100 plus participants - 4 lifeguards required. Additional lifeguards determined by management depending on group size and ages. Pool rental $ 50.00 Per Hour. Two hour minimum plus $15.00/hr per lifeguard COMMUNITY CENTER ADVERTISING FEES Note: Once groups have paid for the initial multi-year agreement, they may renew the contract each year for 1 year at the pro-rated fee. $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 950.00 Ice Resurfacer Score Board On-Ice Logo Dasher board OAK POINT POOL Pool Rental - Lifeguards Pool rental in addition to these fees Small slide pool rental only Per side per year! 5 year term ($2,500 for both sides) Per side per year! 5 year term Per two 4' x4' logos per year! 3 year term Annually / 3 year term Addl lifeguards will be determined by management depending on group size and age $ 45.00 Per hour for three lifeguards Requires a minimum of three lifeguards Large pool rental only Rental of entire pool facility $ 30.00 Per hour for two lifeguards Requires a minimum of 2 lifeguards Based on non-holiday hours $ 75.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards 4 10.00 0.25 Per standard page 20.00 Per hour 50.00 Per hour - Minimum charge is one hour $ 30.00 $ 50.00 $ 100.00 $ 11.00 $ 30.00 1st offense year 2nd offense year 3rd offense year Daily 2009 Fee Resolution Service Fee Description BEACHES Boat & Marina Rental Canoe rack storage ORGANIZED ATHLETICS Adult League Play Non youth sport teams Ball Field Tournaments State, regional, and national tournaments Other youth and adult tournaments Additional charge when lights are used For new soccer field for tournament Clinics and Camps $ 45.00 Per rack per season $ 30.00 Per game 90.00 Per day, per field 90.00 Per day, per field 10.00 Per day, per field 160.00 Per field set-up $ 40.00 Per day, per field ART CENTER Art Center Membership Benefits 1.10% off classes 2. Invitation to special events 3. 10% off select supplies 4. 10% off Birthday Parties (Art Center birthday parties only) 5. Special studio access outside of class times 6. Subscription to City News email newsletter 7. $5.00 off Walker Art Center membership 8. $5.00 off the one-time administrative fee at the Eden Prairie Community Center for new members Membership Rates A household includes two adults and up to 4 children. Additional family members can be added to the household membership for $5.00 a person $ 30.00 Annual rate plus applicable taxes $ 45.00 Annual rate plus applicable taxes Individual Household PLEASANT HILL CEMETERY Ground Thawing: November 1 - April 1 Casket burial Cremation burial Internment Casket burials Cremation burials Lot Resident Non-resident Set Grave Markers Single Double COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Residents only 20 foot by 60 foot plot Residents only POLICE Data Processing Duplicating, audio recording Duplicating, documentation Standard reports Non-standard report Dog Impounding Boarding Euthanasia $ 75.00 50.00 $ 275.00 Vault size 12 inches by 24 inches $ 300.00 Vault size 12 inches by 36 inches $ 400.00 Vault size 36 inches by 60 inches $ 500.00 Vault size 48 inches by 96 inches $ 200.00 Urn size 12 inches and under $ 350.00 Urn size over 12 inches $ 400.00 20% perpetual care & 80% maintenance $ 600.00 $ 150.00 $ 200.00 $ 54.00 Senior citizen discount $12.00 $ 108.00 Senior citizen discount $24.00 2009 Fee Resolution Service Fee Description False Alarm Fee " Each user is allowed three false alarms per calendar year without penalty 4th false alarm $ 100.00 5th false alarm $ 200.00 6th & up false alarm $ 300.00 Fire Alarm Systems and Fire Protection Contractor Registration Registration Free Reinstatement $ 200.00 Free $ 5.00 $ 10.00 $ 10.00 Plus actual cost - Actual cost $ 10,000.00 $ 1,500.00 An investigation fee not to exceed $1,500 shall be charged by the City if the investigation is conducted in the State, or the actual cost not to exceed $10,000 without prior written approval if the investigation is required outside the State. $ 20.00 $ 10.00 $ 65.00 Per hour - Minimum charge is three hours 6.00 Monthly 78.00 Annual 6.00 Monthly 72.00 Annual 5.00 Monthly 60.00 Annual 5.00 Monthly 60.00 Annual 50.00 Regular hours 75.00 Nights / Weekends 50.00 Regular hours 75.00 Nights! Weekends Free to residents 3.00 First two pages 0.25 Additional pages $ 25.00 Per hour - Minimum charge is one hour Hunting & Trapping Landowner Resident Non-resident Other Photograph, other Postage Pawn Shops Annual fee Investigation fee Photograph, Booking Standard Digital image Police Officer Supplemental Employment Radio Service Radio maintenance - mobile radio Radio maintenance - portable radio Radio maintenance - telemetry radio Radio maintenance - telemetry interface Labor charges - installation Labor charges - non-included services Reports Resident Non-resident Transcribe, Audio Tape $ 84.75 $ 84.75 1st $2,000 plus $16.60 each addl $1,000 or fraction thereof, to & including $25,000 $ 466.65 1st $25,000 plus $12.15 each addl $1,000 or fraction thereof, to & including $50,000 $ 770.30 1st $50,000 plus $8.50 each addi $1,000 or fraction thereof, to & including $100,000 $ 1,195.30 1st $100,000 plus $6.80 each addl $1,000 or fraction thereof, to & including $500,000 $ 3,915.30 1st $500,000 plus $5.60 each addl $1,000 or fraction thereof, to & including $1,000,000 $ 6,715.30 1st $1,000,000 plus $4.55 each addl $1,000 or fraction thereof 65% of the building permit fee if valuation is greater than $2,000 $ 100.00 Per Minnesota State Fire Code (See Attachment A for listing of fees) 90.00 Per site. Limit 2 days per week 25.00 Plus standby firefighters at present hourly rate. Rates set by the State Maximum rate set by the State 90.00 Per tank. Less than 1,000 gallons 200.00 Per tank. Greater than 1,000 gallons BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 $1,000,001 & up Plan checking Fire Prevention Miscellaneous fees Fire Prevention Permits Burning permits Fireworks Fireworks sales Flammable & combustible liquid tank removal 6 2009 Fee Resolution Service Fee Description Grease vapor removal system cleaning LP gas, flammable & combustible liquid tank install LP gas tank (temporary heat) Special Hazard Permit-MUFC Article 4 Tents/canopy (Residential) Tents/canopy (Commercial) Fire Sprinkler Systems $1 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 $1,000,001 & up Plan Check Fee Heating & Ventilating - Job Valuation 0 to $1,000 $1,001 to $10,000 $10,001 to $50,000 $50,001 and up Heating & Ventilating - Other Gas piping Reinspection Investigation fee Moving a Building Moving a building Moving a garage only $ 110.00 Per cleaning 225.00 Per tank 75.00 Per tank 175.00 Maximum of 3 per site 40.00 Per tent 80.00 Per tent $ 84.75 $ 84.75 $ 466.55 $ 770.30 $ 1,195.30 $ 3,915.30 $ 6,715.30 $ 30.00 $ 30.00 1st $1,000 plus $1.80 for each add! $100 or fraction thereof, to and including $10,000 1st $10,000 plus $14.90 for each addil $1,000 or fraction thereof, to and including $ 192.00 $50,000 $ 788.00 1st $50,000 plus $12.00 for each additional $1,000 or fraction thereof $ 10.00 Each opening $ 50.00 Equal to the amount of permit fee (charges for work started w/o a permit) $ 250.00 $1,000 deposit each from the owners of the building and building mover $ 50.00 $1,000 deposit each from the owners of the building and building mover 1st $2,000 plus $16.60 each addil $1,000 or fraction thereof, to & including $25,000 1st $25,000 plus $12.15 each addl $1,000 or fraction thereof, to & including $50,000 1st $50,000 plus $8.50 each addl $1,000 or fraction thereof, to & including $100,000 1st $100,000 plus $6.80 each addl $1,000 or fraction thereof, to & including $500,000 1st $500,000 plus $5.60 each addl $1,000 or fraction thereof, to & including $1,000,000 1st $1,000,000 plus $4.55 each addl $1,000 or fraction thereof 65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000 Plumbing - Job Valuation Residential appliance only - 5% labor cost $0 -$1,000 $1,001 -$10,000 $10,001 & up For each openings on gas Inside change over - sewer, water or both Meter inspection Municipal sewer Municipal water Storm sewer & sub soil drains Sewage disposal $ 15.00 $ 30.00 $ 30.00 $ 255.00 $ 10.00 $ 15.00 $ 15.00 $ 20.00 $ 20.00 $ 20.00 $ 150.00 Minimum Minimum 1st $1,000 plus 2.5% for amount over $1,000 to & including $10,000 1st $10,000 plus 2% for amount over $10,000 per 100 feet per 100 feet per 100 feet Plumbing - Other inspections & Fees Reinspection fee Investigation fee - all work started without a permit Rental Licenses Fees Septic System Pumping System Access Charges - Utility Charges System Access Charges - Utility Charges Sanitary Sewer $ 50.00 Each Equal to the amount of permit fee 50.00 for a single rental dwelling or $50.00 for the 1st unit in a complex + $9.00 for each additional rental unit $ 20.00 For Metro sanitary sewer as established by the Metropolitan Waste Commission Residential Industrial, public, office Commercial System Access Charges - Utility Charges Water Residential Industrial, public, office Commercial $ 520.00 $ 950.00 $ 1,340.00 $ 2,300.00 $ 3,000.00 $ 3,600.00 Per R.E.C. Per Metro SAC Per Metro SAC Per R.E.C. Per Metro SAC Per Metro SAC 7 2009 Fee Resolution Service Fee Description Water/Sewer Connection A connection fee of $16,450 per single unit is applicable if the property has not $ 16,450.00 participated in the cost of the utilities by other methods. OTHER " Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company Ladder company Rescue, grass rig, or rescue boat Specialized Personnel Chief Officer, Investigator Tools/supplies used Firefighter supplemental employment ENGINEERING Permit for Right-of-Way Excavations 150.00 Per hour 200.00 Per hour 100.00 Per hour 50.00 Per hour At cost 35.00 Per 3 hour block - Minimum charge of three hours Mainline utility and telecommunication installations 20.00 Per/100 L.F Repair or service excavation 28.00 Turf area 67.00 Pavement area Residential driveway 28.00 Commercial driveway 67.00 All other excavations 28.00 Turf area 67.00 Pavement area Special Assessment Searches No charge for Eden Prairie residents on searches of their homesteaded property Non-resident Street Signs 9 button delineator-red Future road extension advisory Keep right symbol No outlet No parking Stop sign Street name sign Temporary street name sign Weight Restrictions Truck overweight permit fee ENGINEERING - LAND DEVELOPMENT SERVICES Street Lighting Fee For new subdivisions $ 18.50 Per parcel $ 114.00 Includes post & install $ 134.00 Includes breakaway post & install $ 258.00 Includes 2 posts & install - 36" x 30" $ 138.00 Includes 9 button delin-yellow, no post $ 163.00 Includes 9 button delin-yellow, install, post $ 190.00 Includes 9 button delin-yellow, install & breakaway post $ 125.00 Includes post & install - 24" x 24" $ 143.00 Includes post & install - Used for Turn-Around $ 138.00 Includes brackets, install, no post - 30" x 30" $ 163.00 Includes brackets, install, with post -30" x 30" $ 227.00 Includes install with 12' post -6" x 6" $ 254.00 Includes install with 12' post -6" x 9" $ 273.00 Includes Install with 12' post - 9" x 9" $ 159.00 Plus 15% surcharge for maintenance until permanent signs in place $ 40.00 Per trip Charged at prevailing NSP rates and collected for 36 months at time of final plat UTILITIES Fire Hydrant Use! Meter for Construction and Irrigation Permit Fire hydrant damage deposit 3" meter deposit All other meter deposits $ 35.00 $ 250.00 $ 500.00 $ 200.00 Applied to the final bill Refundable Refundable Lawn irrigation Restrictions " Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence 25.00 Second occurrence 50.00 Third occurrence 100.00 Fourth occurrence 200.00 Fifth & subsequent occurrences within a two 300.00 year period 2009 Fee Resolution Service Fee Description New Construction Coll Form Bacteria Resampling T & M - Based on actual laboratory costs, employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures. New Construction Mechanical Reinspections T & M - Directed at projects that require multiple visits to complete initial inspection. Same criteria as coll form resampling Storm Drainage Land Use Quarterly Fee Single-family homes 4.00 Each Multi-family/apartments 39.60 Acre Industrial 39.60 Acre Commercial/office 51.60 Acre Institutions 44.88 Acre Airport/landfill 9.84 Acre Parks / open space / golf course 5.52 Acre Undeveloped land 13.20 Each User Charges " Penalty for billed charges: 1% per month on account not paid within 30 days of billing " A residential equivalent connection (R.E.C.) is one dwelling unit " The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.0 Sanitary sewer 2.00 Per 1,000 gallons - Subject to minimum of 4,000 gallons per quarter per R.E.C. Water 1.75 Per 1,000 gallons - Subject to minimum of 4,000 gallons per quarter per R.E.C. Fixed charges - Per Quarter 12.50 Per quarter Each R.E.C. will be billed: $6.25 fixed charge for water and $6.25 fixed charge for sewer Fixed charges are billed on the greater of the number of R.E.C.'s on connections Fixed charges - Per Month 5.00 Per month Each R.E.C. will be billed: $2.50 fixed charge for water and $2.50 fixed charge for sewer Fixed charges are billed on the greater of the number of R.E.C.'s on connections Unmetered residential sewer only Administrative fee Water conservation surcharge Water conservation surcharge - Irrigation only water utility accounts Water flow test for 5/8" meters Water service turn on/off Water softening & filtering Water/Fill Station 32.00 use charges $31 per quarter per R.E.C. plus a $6.25 fixed charge 40.00 Flat charge is added to the current balance due to obtain the total certified amount Residential customers are subject to water conservation surcharge of $1.00 per 1,000 gallons for usage exceeding 150% of winter quarter use or 36,000 gallons per quarter, whichever is greater, not to exceed $100.00. Irrigation water utility accounts are subject to water conservation surcharge of $1.00 per 1,000 gallons, without limit 30.00 When consumption is challenged by a customer & the meter is accurate After initial turn on, any non-emergency on/off request by a commercial lending 30.00 institution, government agency (HUD), or private property management service No fee - State license required 2.50 Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 9 Fee Resolution Facility Priority Rental Classifications: A. City Government - Any activity related to the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social services/food shelf agency. This group will not be charged. B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties, etc. D. Non-Community Group III - Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-Eden Prairie residents and businessl City Rental Facilities: Amphitheatre - located at Staring Lake Park City Center - meeting rooms, conference rooms, a traditional training room, and the Council Chambers Community Center - ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts, and swimming pool Outdoor Center - located at Staring Lake Park Park Pavilions & Shelters - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring Lake Park Shelter, Miller Park Shelters, Nesbitt Park Shelter, Riley Lake Shelter, Purgatory Creek Recreation Area Shelter, and Crestwood Park Shelter. Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses - located throughout the City 10 2009 Fee Resolution - Facilities Facility Facility Information CITY CENTER & COMMUNITY MEETING ROOMS ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. ** Standard room set up is included in the fee. Additional set up charges will be incurred for special room arrangements. $25.00 for the heritage room (one quarter) $50.00 for the heritage room (half) and $100.00 for the heritage room (whole). Fee Group I Group 2 Group 3 Atrium I Conference Room Atrium II Conference Room Atrium III Conference Room Council Chamber Standard conference = 10; after 4:30-10p.m.; Mon-Fri; Limited availability; City priority Standard conference = 6; after 4:30-10p.m.; Mon-Fri; Limited availability; City priority Standard conference = 10; After 4:30-10p.m.; Mon-Fri; Limited availability; City priority Restricted use; Standard set-up; No food/beverages; AV technician required, w/extra charge $ 15.00 $ 20.00 $ 25.00 Per Hour $ 15.00 $ 20.00 $ 25.00 Per Hour $ 15.00 $ 20.00 $ 25.00 Per Hour 55.00 $ 65.00 $ 80.00 Per Hour Limited set-up; Maximum capacity = 40 Maximum capacity = 100 Maximum capacity = 200 Maximum capacity = 100. Limited availability; After 4:30-10p.m.; Mon-Fri; w/special arrangements Standard conference = 18; after 4:30-10p.m.; Mon-Fri; Limited availability; City priority Group 1 = with meal service - catering charge only Group 2 & 3 = first 4 hours Group 2 & 3 = after four hours, each additional hour plus catering charge Heritage Room (one quarter) Heritage Room (half) Heritage Room (whole) Lower Atrium Prairie Room GARDEN ROOM Garden Room $ 20.00 $ 30.00 $ 40.00 Per Hour $ 30.00 $ 40.00 $ 50.00 Per Hour $ 45.00 $ 55.00 $ 85.00 Per Hour $ 30.00 $ 40.00 $ 50.00 Per Hour $ 15.00 $ 20.00 $ 25.00 Per Hour - $ 300.00 $ 400.00 50.00 $ 75.00 Private Dining Room (conference room) 20.00 $ 30.00 $ 40.00 Per Hour 2009 Fee Resolution - Facilities Facility Facility Information Fee Group I Group 2 Group 3 COMMUNITY CENTER "Eden Prairie Associations will be charged $15.00/1u- for team parties/activities where food and beverages are provided as part of the activity. Group I will still be charged $5.00/hr for all other meetings. ** Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. ** Eden Prairie Athletic Associations receive one free meeting room use per month. ** For Group II and Group DI, discounted meeting rooms are avail. 7:00 am to 3:00 pm, Tues to Thur. Ice Arena - Rinks 1, 2 & 3 Spring prime time - March 1 thru June 13 -3 p.m. to 11 p.m. Monday -Friday, weekends, holiday, & non-school days; $50 deposit required with ice rental reservation Spring non-prime time - March 1 thru June 13 - before 3 p.m. and after 11 p.m. Monday - Friday; $50 deposit required with ice rental reservation Summer time -June 14 thru Aug 31 - 6 a.m. to 11 p.m. Fall prime time - September 1 thru September 30 -3 p.m. to 11 p.m. Monday -Friday, weekends, holiday, & non-school days; $50 deposit required with ice rental reservation NJ Fall non-prime time - September 1 tlini September 30 - before 3 p.m. and after 11 p.m. Monday - Friday; $50 deposit required with ice rental reservation Winter prime time - October 1 thru February 29- 3 p.m. to 11 p.m. Monday - Friday, weekends, holiday, & non-school days; $50 deposit required with ice rental reservation Winter non-prime time - October 1 thru February 29 - before 3 p.m. and after 11 p.m. Monday - Friday; $50 deposit required with ice rental reservation $ 165.00 $ 165.00 $ 165.00 Per Hour 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Per Hour $ 165.00 $ 165.00 $ 165.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Per Hour $ 175.00 $ 175.00 $ 175.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Per Hour Cambria Room 2 hr minimum $ 40.00 $ 50.00 $ 65.00 Per Hour Plus applicable taxes Meeting Room 101,103,202,203,204 Eden Prairie Athletic Associations receive one free meeting room use per month 7:00 a.m. to 3:00 p.m. - Tues through Thurs. User group must purchase room for minimum of 30-hour time block. After 3:00pin, Friday, Sat and Sun, each time block must be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep Plus applicable taxes 15.00 $ 20.00 $ 35.00 Per Hour Meeting Rooms 203 and 204 combined $ 25.00 $ 30.00 $ 45.00 Per Hour Lounge $ 25.00 $ 30.00 $ 45.00 Per Hour 2009 Fee Resolution - Facilities Facility Multi Purpose Meeting Room Facility Information Eden Prairie Athletic Associations receive one free meeting room use per month 7:00 a.m. to 3:00 p.m. - Tues through Thurs. User group must purchase room for minimum of 30-hour time block. After 3:00pm, Friday, Sat and Sun, each time block must be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep Plus applicable taxes Fee Group I Group 2 Group 3 $ 15.00 $ 20.00 $ 35.00 Per Hour Parking Permits Racquetball Swinuning Pool (capacity 268) Walleyball 2007/2008 school year - August 9th thru November 30th 2007/2008 school year - December 1st flint February 28th 2007/2008 school year - March 1st thru June 10th Free with membership (Per Person) Prime time - 6 a.m. to 5 p.m. Monday thru Saturday / noon to 5 p.m. on Sundays Non-prime time - 5 p.m. to 9 p.m. Monday thru Sunday Discounted rate - 9 p.m. to 11 p.m. Monday thru Sunday plus cost of lifeguards at $14/hour Members no charge. Non-member is $5.00/hour per person $ 350.00 $ $ 175.00 $ $ 100.00 $ $ 61.00 $ $ 51.00 $ $ 46.00 $ 22.50 $ 350.00 $ 350.00 175.00 $ 175.00 100.00 $ 100.00 61.00 $ 61.00 Per Hour 51.00 $ 51.00 Per Hour 46.00 $ 46.00 Per Hour 22.50 $ 22.50 Max per hour $ 7.50 $ 7.50 $ 7.50 Per Hour OAK POINT POOL ** Lifeguards must be added as follows at the rate of $14.00 an hour; small slide pool rental only-minimum 3 lifeguards, large pool rental only- minimum of 2 lifeguards, rental of entire pool facility - minimum of 5 lifeguards ** Additional lifeguards will be determined by management depending on group size and age. 1-, C).) ** Sunday rentals require an additional $31.50 an hour maintenance fee for the rental of 6 lanes of the pool. For Sunday rental of the entire pool, an additional $55.00 an hour is required. Oak Point Pool Rental Prime time: 6 am.- 5 p.m., Monday-Saturday; and noon - 5 p.m. Sunday $ 61.00 $ 61.00 $ 61.00 Per Hour Non-prime time: 5 p.m. - 9 p.m., Monday-Sunday $ 51.00 $ 51.00 $ 51.00 Per Hour Discount rate: 9 p.m. - 11 p.m., Monday-Sunday $ 46.00 $ 46.00 $ 46.00 Per Hour PARK FACILITIES RENTAL ** All groups of over 100 will be charged full day rate ** All parks REQUIRE a $200 deposit ** Eden Prairie School District Programs charged only direct cost for all parks ** No private group of over 300 will be allowed to reserve facilities at any park. (Maximum number at Staring Park will be 150.) Crestwood Park Building Full Day - Maximum capacity varies 80.00 $ 80.00 $ 80.00 Homeward Hills Barn 1/2 Day - Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 Full Day - Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 Miller Park Building Full Day - Maximum capacity varies 80.00 $ 80.00 $ 80.00 Nesbitt Park Building Outdoor Center Purgatory Creek Recreation Area Pavilion Full Day - Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 Per hour - 2 hour minimum - Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 1/2 Day - Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 2009 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 Full Day - Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 Riley-Jacques Barn Round Lake Park Building Round Lake Pavilion Staring Lake Park Amphitheatre Audio Technician Staring Lake Park Building Warming Rouses - 2 hour minimum Per hour - 2 hour minimum - Maximum capacity varies 1/2 Day - Maximum capacity varies Full Day - Maximum capacity varies 1/2 Day - Maximum capacity varies Full Day - Maximum capacity varies Per hour -2 hour minimum - Maximum capacity varies Sound Tech & Sound Equipment - 2 hour minimum 1/2 Day - Maximum capacity varies Full Day - Maximum capacity varies Supervision required - 2 hour minim December 15- March 1 $ 40.00 $ 40.00 $ 40.00 $ 110.00 $ 110.00 $ 110.00 $ 150.00 $ 150.00 $ 150.00 $ 110.00 $ 110.00 $ 110.00 $ 150.00 $ 150.00 $ 150.00 $ 55.00 $ 55.00 $ 55.00 $ 35.00 $ 35.00 $ 35.00 $ 110.00 5 110.00 $ 110.00 $ 150.00 $ 150.00 $ 150.00 15.00 $ 15.00 $ 15.00 Per hour SENIOR CENTER RENTAL Senior Center Community Room Only 4=.• Senior Center Community Room Senior Center Kitchen Senior Center Room 201 Senior Center Room 203 Senior Center Room 209 Maximum capacity approx. 90 theatre style, 50 table seating Plus applicable taxes Including kitchen and lounge - plus applicable taxes Approx. 15 people with use of appliances - plus applicable taxes Approx. 40 people theater style, 25 to 30 table seating - plus applicable taxes Approx. 25 people theater style, 15 to 20 table seating - plus applicable taxes Approx. 10 to 15 - plus applicable taxes $ 25.00 $ 30.00 $ 30.00 Per hour $ 35.00 $ 40.00 $ 40.00 Per hour 15.00 $ 20.00 $ 20.00 Per hour $ 20.00 $ 25.00 $ 25.00 Per hour $ 15.00 $ 20.00 $ 20.00 Per hour 10.00 $ 15.00 $ 15.00 Per hour Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the "miscellaneous" fee category on the fee resolution. Operational Permits Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Battery systems. A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L). Carnivals and fairs. An operational permit is required to conduct a carnival or fair. Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: A permit is not required for agricultural storage. Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.9. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate a fruit, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. 15 Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High-piled storage. An operational permit is required to use a building or portion thereof as a high- piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open flame device. Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. Places of assembly. An operational permit is required to operate a place of assembly. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations. Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. 16 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Fabric canopies and awnings open on all sides which comply with all of the following: 2.1. Individual canopies shall have a maximum size of 700 square feet (65 m2). 2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total. 2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). Construction Permits Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 21. Exceptions: 17 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. 2009 Fee Resolution Changes Service Description 2008 2009 %Change 08 to 09 COMMUNITY CENTER Play Care Play Care - Member Two hours; Two hour maximum n/a 2.00 Play Care - Nonmember Two hours; Two hour maximum n/a 3.00 Play Structure 24 months and under Per child, per visit Free 24 months to four years Per child, per visit nla 5 3.00 5 years to 15 years Per child, per visit nla 5 4.00 Lifeguards One to 50 swimmers 51-100 swimmers 101 or greater OAK POINT POOL Pool Rental - Lifeguards Pool rental in addition to these fees Per hour Second lifeguard required Third lifeguard required Addl lifeguards will be determined by management depending on group size and age 14.00 $ 15.00 7.1% Small slide pool rental only Per hour for three lifeguards 42.00 $ 45.00 7.1% Requires a minimum of three lifeguards Addi lifeguards will be determined by management depending on group size and age Large pool rental only Per hour for two lifeguards 28.00 5 30.00 7.1% Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility Per hour for five lifeguards 70.00 S 75.00 7.1% Requires a minimum of 5 lifeguards ARTS CENTER Memberships Individual n/a 30.00 Household n/a 45.00 BUILDING INSPECTIONS Flre Prevention Permits Burning permits Per site. Limit 2 days per week 80.00 $ 90.00 12.5% Grease vapor removal system cleaning Per cleaning 5 100.00 $ 110.00 10.0% System Access Charges - Utility Charges Sanitary Sewer Industrial, public, office Commercial System Access Charges - Utility Charges Water Residential Industrial, public, office Commercial Per Metro SAC Per Metro SAC Per R.E.C. Per Metro SAC Per Metro SAC $ 920.00 $ 950.00 $ 1,300.00 $ 1,340.00 $ 2,250.00 $ 2,300.00 $ 2,900.00 $ 3,000.00 $ 3,500.00 $ 3,600.00 3.3% 3.1% 2.2% 3.4% 2.9% 18.00 $ 18.50 2.8% $ 111.00 $ 130.00 $ 250.00 $ 134.00 $ 159.00 $ 184.00 $ 121.00 $ 139.00 $ 134.00 $ 159.00 $ 220.00 $ 246.00 $ 265.00 $ 154.00 $ 114.00 $ 134.00 $ 258.00 $ 138.00 $ 163.00 $ 190.00 $ 125.00 $ 143.00 $ 138.00 $ 163.00 $ 227.00 $ 254.00 $ 273.00 $ 159.00 2.7% 3.1% 3.2% 3.0% 2.5% 3.3% 3.3% 2.9% 3.0% 2.5% 3.2% 3.3% 3.0% 3.2% 2009 Fee Resolution Changes Service Description 2008 2009 %Change 08 to 09 Water/Sewer Connection A connection fee of $16,450 per single unit is applicable if the property has not $ 15,977.00 $ 16,450.00 3.0% participated in the cost of the utilities by other methods. ENGINEERING Permit for Right-of-Way Excavations Mainline utility and telecommunication installations Repair or service excavation Residential driveway Commercial driveway All other excavations Per/100 L.F Turf area Pavement area Turf area Pavement area 19.50 20.00 2.6% 27.00 28.00 3.7% 65.00 67.00 3.1% 27.00 28.00 3.7% 65.00 67.00 3.1% 27.00 28.00 3.7% 65.00 67.00 3.1% Special Assessment Searches *" No charge for Eden Prairie residents on searches of their homesteaded property Non-resident Street Signs 9 button delineator-red Future road extension advisory Keep right symbol No outlet No parking Stop sign Street name sign Temporary street name sign Per parcel Includes post & Install Includes breakaway post & install Includes 2 posts & install - 36" x 30" Includes 9 button delin-yellow, no post Includes 9 button delin-yellow, install, post Includes 9 button delin-yellow, install & breakaway post Includes post & install - 24" x 24" Includes post & install - Used for Turn-Around Includes brackets, Install, no post - 30" x 30" Includes brackets, install, with post -30" x 30" Includes install with 12' post -6" x 6" Includes install with 12' post - 6" x 9" Includes install with 12' post-Ox 9" Plus 15% surcharge for maintenance until permanent signs in place Weight Restrictions Truck overweight permit fee Per trip 35.00 $ 40.00 14.3% UTILITIES User Charges Water Per 1,000 gallons - Subject to minimum of 4,000 gallons per quarter per R.E.C. 5 1.65 $ 1.75 6.1% Unmetered residential sewer only use charges $31 per quarter per R.E.C. plus a $6.25 fixed charge 31.00 $ 3100 3.2% 2009 Fee Resolution - Facilities Changes Group 1 Group 2 Group 3 Facility Facility Information 2008 2009 % Change 2008 2009 % Change 2008 2009 % Chance 08 to 09 00 10 09 08 to 09 COMMUNITY CENTER kc Arena - Rinks 1,2 & 3 Spring prime limn March 1 thru Juno 13- 3 p.m. to II p.m. Monday - Friday, weekends, holiday, & non-school days; $50 deposit required with ice rental mservation Fall prime time - September 1 thru September 30 - 3 p.m. to II p.m. Monday - Friday, weekends, holiday, & non-school days; $50 deposit required with ice rental reservation Winter prime time - October 1 thou February 29- 3 p.m. to Ii p.m. Monday - Friday, weekends, holiday, & non-school days; $50 deposit required Alith ice rental reservation S 160.00 S 165.00 Per Hour 160.00 165.00 Per Hour 170.00 $ 175.00 Per Hour 3.1% $ 160.00 S 165.00 Per Hour 3.1% S 160.00 S 165.00 Per Hour 2.9% S 170.00 5 175.00 Per Hour 3.1% S 160.00 5 165.00 Per Hour 3.1% S 160.00 S 165.00 Per Hour 2.9% S 170.00 $ 175.00 Per Hour 3.1% 3.1% 2.9% Meeting Rooms 203 and 204 combined n/a S 25.00 n/a S 30.00 n/a $ 45.00 Lounge n/a S 25.00 n/a 30.00 n/a 5 45.00 SENIOR CENTER RENTAI, (added the "plus applicable taxes" to allot these rentals) 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Senior Center Community Room Only Senior Center Community Room Senior Center Kitchen Senior Center Room 201 Senior Center Room 203 Senior Center Room 209 Maximum capacity approx. 90 theatre style, 50 table seating Plus applicable taxes Including kitchen and lounge - plus applicable taxes Approk 15 people with use of appliances - plus applicable taxes Approx. 40 people theater style, 25 to 30 table seating - plus applicable taxes Approx. 25 people theater style, 15 to 20 table seating - plus applicable taxes Approx. 10/n 15- plus applicable taxes S 25.00 S 25.00 Per hour S 35.00 5 35.00 Per hour S 15.00 5 15.00 Per hour 5 20.00 5 20.00 For hour S 15.00 0 15.00 Per hour 5 10.00 S 10.00 Per hour 0.0% $ 30.00 S 30.00 Per hour 0.0% $ 40.00 5 40.00 Per hour 0.0% $ 20.00 S 20.00 Per hour 0.0% S 25.00 S 25.00 Per hour 0.0% S 20.00 S 20.00 Per hour 0.0% 15.00 S 15.00 Per hour $ 30.00 S 30.00 $ 40.00 $ 40.00 5 20.00 S 20.00 $ 25.00 $ 25.00 $ 20.00 S 20.00 S 15.00 S 15.00 Per hour Per hour Per hour Per hour For hour For hour 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: December 1, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 180965 – 181223 Wire Transfers 3213 – 3219 180 812 Fleet Internal Service 63,963 813 Report Totals 1,734,717 City of Eden Prairie Council Check Summary 12/1/2008 Division Amount General 62,671 100 City Manager 1,847 101 Legislative 209 110 City Clerk 11,000 111 Customer Service 6,751 113 Communications 343 114 Benefits & Training 3,762 116 Facilities 23,549 117 City Center 42,166 119 Cmty Center - Facilities 89,286 131 Finance 10 132 Housing and Community Services 6,380 136 Public Safety Communications 3,527 137 Economic Development 97 150 Park Administration 1,936 151 Park Maintenance 9,727 153 Organized Athletics 4,293 154 Community Center 3,386 157 Special Events 123 158 Adult Recreation 819 159 Recreation Administration 75 160 Therapeutic Recreation 71 162 Arts 1,199 163 Outdoor Center 729 168 Arts Center 1,124 180 PliPolice 4 4464,446 183 Emergency Preparedness 596 184 Fire 5,337 200 Engineering 28 201 Street Maintenance 12,528 202 Street Lighting 1,193 301 CDBG 280 303 Cemetary Operation 17 304 Senior Board 223 308 E-911 18 315 Economic Development 3,282 502 Park Development 5,649 503 Utility Improvement 27,357 509 CIP Fund 459,604 511 Construction Fund 15,872 512 CIP Trails 410 601 Prairie Village Liquor 46,625 602 Den Road Liquor 51,269 603 Prairie View Liquor 38,716 605 Den Road Building 429 701 Water Fund 92,414 702 Sewer Fund 5,676 703 Storm Drainage Fund 3,537 803 Escrow Fund 328 806 SAC Agency Fund 74,825 807 Benefits Fund 317,961 810 Workers Comp Insurance 113,026 811 Property Insurance 90,535 IT Internal Service 23,496 City of Eden Prairie R55CKRELOG2200 Council Check Register 12/001/08 Check #Amount Vendor / Explanation Account Description Business Unit 3213 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3214 30,898 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3215 160,224 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 3216 12,718 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3217 16,366 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3218 114,973 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3219 11,865 US BANK TRUST HRA Health and Benefits 180965 1,930 A TO Z RENTAL CENTER Contract Svcs - General Bldg Community Center Maintenance 180966 1,879 A-Z RESTAURANT EQUIPMENT COMPA Building Capital Impr. / Maint. Fund 180967 1,715 AMSAN LLC Cleaning Supplies Community Center Maintenance 180968 991 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance 180969 4,761 ASPEN WASTE SYSTEMS INC.Waste Disposal Community Center Maintenance 180970 11,000 DECISION RESOURCES LTD Other Contracted Services City Clerk 180971 417,120 E-ONE Autos CIP - Bonds 180972 149 EDEN PRAIRIE APPLIANCE Contract Svcs - General Bldg Senior Center 180973 1,712 FIRST INDUSTRIAL AR Utility Water Enterprise Fund 180974 1,534 GE CAPITAL Other Rentals General 180975 123 GRAINGER Supplies - General Bldg Park Shelters 180976 1,095 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Fire Station #1 180977 916 IND SCHOOL DIST 272 Printing Halloween Party 180978 459 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations - General 180979 85 LINDAHL, DAVID Travel Expense Economic Development 180980 300 LOTTHAMMER, JAY Operating Supplies Community Center Admin 180981 17,186 MCPHILLIPS BROS ROOFING CO Building Repair & Maint.Utility Improvement Fund 180982 35 METRO FIRE Repair & Maint - Ice Rink Ice Arena Maintenance 180983 129 MHA Tuition Reimbursement/School Water Treatment Plant 180984 165 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Community Center Maintenance 180985 30,341 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 180986 2,231 NEWMECH Contract Svcs - Ice Rink Ice Arena Maintenance 180987 185 NUCO2 INC Chemicals Pool Maintenance 180988 225 OLSEN FIRE PROTECTION Contract Svcs - Fire/Life/Safe Historical Buildings 180990 1,481 OPPORTUNITY PARTNERS Janitor Service Public Works/Parks 180991 1,688 PCS TECHNOLOGIES INC Capital Under $10,000 Den Road Liquor Store 180992 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 180993 4,980 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Community Center Maintenance 180995 800 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 180996 1,075 SIEMENS BUILDING TECHNOLOGIES Other Assets Capital Impr. / Maint. Fund 180997 1,610 STAR TRIBUNE Employment Advertising Organizational Services 180998 107 STATE SUPPLY COMPANY Supplies - Plumbing Park Shelters 180999 371 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 181000 242 TWIN CITY FILTER SERVICE INC Supplies - HVAC Community Center Maintenance 181001 125 UNIVERSITY OF MINNESOTA Prepaid Expenses Water Enterprise Fund 181002 1,249 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 181003 150 CLEAR CHOICE USA OF CENTRAL MI Other Contracted Services Rehab 181004 750 CNL INC Other Contracted Services Internal Events 181005 1,797 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 181006 29 RICHFIELD, CITY OF Operating Supplies Fleet Operating 181007 344 TWIN CITIES & WESTERN RAILROAD Licenses & Taxes Water Distribution 181008 1,959 US POSTMASTER - HOPKINS Postage Water Accounting 181013 494 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 181014 49 A TO Z RENTAL CENTER Training Supplies Fire 181015 1,230 A-SCAPE INC Contract Svcs - Lawn Maint Arts Center Facilities 181016 740 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance 181017 100 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair & Maint Fleet Operating 181018 148 AMERIPRIDE LINEN & APPAREL SER Other Contracted Services Prairie Village Liquor Store 181019 2,650 AMSAN LLC Cleaning Supplies Community Center Maintenance 181020 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 181021 264 ASPEN WASTE SYSTEMS INC.Waste Disposal Den Road Liquor Store 181022 240 ASSET RECOVERY CORPORATION Other Hardware IT Operating 181023 160 ASSOCIATION OF TRAINING OFFICE Prepaid Expenses General Fund 181024 90 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 181025 6,200 BAKER ASSOCIATES INC Work In Progress Prairie Village Liquor Store 181026 25 BALDWIN CATHERINE Memberships Community Center Admin18102625BALDWIN, CATHERINE Memberships Community Center Admin 181027 144 BANGASSER, ROBERT Sales Tax Payable General Fund 181028 1,133 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 181029 300 BCA BTS Tuition Reimbursement/School Police 181030 6,980 BECKER ARENA PRODUCTS INC Capital Under $10,000 3rd Sheet of Ice Check #Amount Vendor / Explanation Account Description Business Unit 181031 3,688 BELLBOY CORPORATION Transportation Prairie View Liquor Store 181032 100 BOLD, PAULINE Instructor Service Outdoor Center 181033 20 BONDE, JASON Deposits Community Center Admin 181034 306 BORDER STATES ELECTRIC SUPPLY Operating Supplies Den Road Liquor Store 181035 1,088 BOUNDLESS NETWORK Operating Supplies Concessions 181036 125 BOYER TRUCKS Equipment Parts Fleet Operating 181037 109 BROWNING, RYAN Other Hardware IT Operating 181038 3 BRUENING, CHARLOTTE Program Fee Classes/Programs/Events 181039 5,649 BUETOW AND ASSOCIATES INC Design & Engineering Park Acquisition & Development 181040 148 CABELA'S MKTG & BRAND MGT INC Employee Award Internal Events 181041 6,549 CARGILL SALT Salt Snow & Ice Control 181042 3 CASPER, LLIZABETH Open Fees Pool Operations 181043 87 CDW GOVERNMENT INC.Other Hardware IT Operating 181044 425 CEMSTONE PRODUCTS COMPANY Repair & Maint. Supplies Storm Drainage 181045 2,856 CHANHASSEN, CITY OF Other Contracted Services Softball 181046 38 CHOI, WOOYOUNG Lessons & Classes Pool Lessons 181047 30 COMMERCIAL PLUMBING & HEATING Mechanical Permits General Fund 181048 533 CORPORATE EXPRESS Office Supplies General 181049 134 COSTCO Operating Supplies Fire 181050 551 CRESCENT ELECTRIC SUPPLY CO Other Hardware IT Operating 181051 91 CUB FOODS EDEN PRAIRIE Operating Supplies Police 181052 42 CULLIGAN BOTTLED WATER Operating Supplies Fire 181053 40 DAUGHERTY, JOHN & JUDY Deposits Community Center Admin 181054 1,768 DAY DISTRIBUTING Beer Prairie View Liquor Store 181055 405 DELL Operating Supplies Police 181056 66 DIRECTV Cable TV Community Center Admin 181057 169 DISPLAY SALES Supplies - General Bldg Park Shelters 181058 7,475 DUDA PLUMBING SERVICE INC Equipment Repair & Maint Fleet Operating 181059 2,390 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 181060 251 EARL F ANDERSEN INC Signs Traffic Signs 181061 57 ECK, JILL Training Supplies Organizational Services 181062 417 EDEN PRAIRIE ROTARY CLUB Operating Supplies Fire 181063 96 ELIASON, STEVE J Other Contracted Services Basketball 181064 451 EPIC PRODUCTS Transportation Den Road Liquor Store 181065 315 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 181066 173 FASTENAL COMPANY Equipment Parts Fleet Operating 181067 365 FERRELLGAS Motor Fuels Fleet Operating 181068 69 FORDAHL, TAMARA Other Contracted Services Volleyball 181069 126 FRANZ REPROGRAPHICS Signs Capital Impr. / Maint. Fund 181070 828 FREY, LYNDELL Mileage & Parking Athletic Programs Admin 181071 389 FSH COMMUNICATIONS LLC Telephone Miller Park 181072 7,290 G & K SERVICES Clothing & Uniforms Utility Operations - General 181073 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Rehab 181074 583 GINA MARIAS INC Operating Supplies Fire 181075 156 GOLDEN VALLEY, CITY OF Other Contracted Services Organizational Services 181076 230 GOOD, JAMIE Tuition Reimbursement/School Organizational Services 181077 2,009 GRAINGER Equipment Repair & Maint Park Maintenance 181078 847 GRAPE BEGINNINGS Transportation Den Road Liquor Store 181079 12 GRAVES, MARIAN Program Fee Trips 181080 5,178 GRAYMONT Treatment Chemicals Water Treatment Plant 181082 8,455 GRIGGS COOPER & CO Transportation Prairie View Liquor Store 181083 1,520 GROUP HEALTH INC-WORKSITE Other Contracted Services Organizational Services 181084 982 HACH COMPANY Laboratory Chemicals Water Treatment Plant 181085 500 HART, JOSEPH Other Contracted Services Sunbonnet Days 181086 3,916 HAWKINS INC Treatment Chemicals Water Treatment Plant 181087 500 HEMKER WILDLIFE PARK Other Contracted Services Cummins House Special Events 181088 15,872 HENNEPIN COUNTY PUBLIC WORKS-F Improvement Contracts Construction Fund 181089 1,152 HENNEPIN COUNTY TREASURER Board of Prisoner Police 181090 540 HOUSTON, CHRISTOPHER W Instructor Service Ice Arena 181091 96 HOWARD, DENNIS J Other Contracted Services Basketball 181092 88 IND SCHOOL DIST 272 Special Event Fees Arts Center 181093 6,271 INTEREUM INC Capital Under $10,000 Capital Impr. / Maint. Fund 181094 219 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating 181095 338 ITS A KEEPER Awards Internal Events 181096 162 JANEX INC Supplies - General Bldg City Hall - CAM 181097 9,501 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 181102 36 124 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store18110236,124 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 181103 378 KEEPERS Clothing & Uniforms Police 181104 1,364 KENNAMETAL INC Small Tools Fleet Operating 181105 20 KRUSE, LEON Deposits Community Center Admin 181106 20 KRUSE, PATTY Deposits Community Center Admin Check #Amount Vendor / Explanation Account Description Business Unit 181107 182 LAB SAFETY SUPPLY INC Operating Supplies City Hall - CAM 181108 818 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Public Works/Parks 181109 113,026 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 181110 90,535 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 181111 20 LEKANG, TYLER Deposits Community Center Admin 181112 1,936 LOTTHAMMER, JAY Conference Expense Parks Administration 181113 1,791 LUKE, TRACY Tuition Reimbursement/School Police 181114 134 M. AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 181115 20 MARIOTTI, DONALD Deposits Community Center Admin 181116 43 MARK'S BP Motor Fuels Fleet Operating 181117 150 MEDICINE LAKE TOURS Program Fee Trips 181118 256 MENARDS Operating Supplies Park Maintenance 181119 190 METRO FIRE Protective Clothing Fire 181120 1,683 METRO SALES INCORPORATED*Other Rentals General 181121 74,077 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 181122 91 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 181123 28 MID AMERICA FESTIVALS Deposits Escrow 181124 2,024 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 181125 751 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 181126 3,713 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire 181127 639 MT GLOBAL LLC Transportation Den Road Liquor Store 181128 24 MURPHY, WILLIAM Program Fee Classes/Programs/Events 181129 75 NCTRC Licenses & Taxes Recreation Administration 181130 320 OLSEN FIRE PROTECTION Contract Svcs - Fire/Life/Safe Public Works/Parks 181131 234 PAPER DIRECT INC Process Control Services Infiltration/Inflow Study 181132 151 PARK NICOLLET CLINIC Employment Support Test Organizational Services 181133 335 PARTEK SUPPLY INC Landscape Materials/Supp Street Maintenance 181134 1,863 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store 181135 549 PEPSI COLA COMPANY Merchandise for Resale Concessions 181136 41 PETERSON, SUE Events/Admission Fee Teen Programs 181137 874 PETTY CASH Mileage & Parking Storm Drainage 181139 15,232 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 181140 6,134 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Community Center Maintenance 181141 49 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 181142 234 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire 181143 9,117 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 181144 8,422 PRAIRIEVIEW RETAIL LLC Repair & Maint. Supplies Prairie View Liquor Store 181145 2,840 PRISTINE WATER SOLUTIONS Treatment Chemicals Water Treatment Plant 181146 219 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 181148 10,091 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 181149 1,541 QWEST Telephone Prairie Village Liquor Store 181150 108 RAY, LEE Other Contracted Services Basketball 181151 719 ROOT O MATIC Contract Svcs - Plumbing Riley House 181152 44,218 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery & Equipment Public Works 181153 20 SCHEWE, JEFFREY Deposits Community Center Admin 181154 216 SCHIPULL, JEFF Other Contracted Services Basketball 181155 30 SCHROEDER, BARBARA Program Fee Classes/Programs/Events 181156 20 SHIELDS, ANTHONY Deposits Community Center Admin 181157 1,573 SIGNSOURCE Signs Capital Impr. / Maint. Fund 181158 64 SNAP-ON TOOLS Small Tools Fleet Operating 181159 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 181160 331 SOUTHWEST OUTDOOR POWER Equipment Parts Park Maintenance 181161 3,282 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 181162 172 STANLEY ACCESS TECH LLC Contract Svcs - General Bldg City Hall - CAM 181163 1,535 STAR Conference Expense Ice Arena Maintenance 181164 91 STEIN, MIKE Operating Supplies Fire 181165 529 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 181166 15 STREICHERS Clothing & Uniforms Police 181167 418 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 181168 320 SWEDLUND SEPTIC SERVICES INC Waste Disposal Park Maintenance 181169 5,615 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 181170 146 TOM'S WINDOW CLEANING Window Cleaning Den Bldg. - Direct 181171 83 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store 181172 101 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 181173 2,273 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication 181174 62 VAN PAPER COMPANY Supplies - General Bldg City Hall - CAM 181175 596 VICTORY CORPS Operating Supplies Emergency Preparedness181175596VICTORY CORPS Operating Supplies Emergency Preparedness 181176 706 VINO SOURCE, THE Transportation Den Road Liquor Store 181177 344 VINOCOPIA Transportation Prairie Village Liquor Store 181178 8,062 VTI Improvements to Land Capital Impr. / Maint. Fund 181179 623 WACONIA FARM SUPPLY Operating Supplies Park Maintenance Check #Amount Vendor / Explanation Account Description Business Unit 181180 10,985 WALL TRENDS INC Building Repair & Maint.Capital Impr. / Maint. Fund 181181 148 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 181182 12 WEBB, CHAUNTEL Program Fee Outdoor Center 181183 758 WESTCO RECOGNITION ADVERTISING Operating Supplies Red Hat 181184 1,087 WESTSIDE EQUIPMENT Equipment Repair & Maint Fleet Operating 181185 23 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 181186 1,013 WHEELER HARDWARE COMPANY Supplies - General Bldg Community Center Maintenance 181187 2,685 WHEELER LUMBER LLC Improvement Contracts Trails Referendum 181188 2,045 WINE COMPANY, THE Transportation Prairie View Liquor Store 181189 3,943 WINE MERCHANTS INC Transportation Prairie View Liquor Store 181190 754 WINTER EQUIPMENT COMPANY Small Tools Fleet Operating 181191 24 WOLLAN JR, THOMAS C Other Contracted Services Basketball 181192 686 WORK CONNECTION, THE Other Contracted Services Park Maintenance 181193 1,694 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 181194 67,875 XCEL ENERGY Electric City Hall - CAM 181196 18,927 YALE MECHANICAL INC Contract Svcs - HVAC Dunn Brothers 181197 400 ZIEBART OF MINNESOTA INC Equipment Repair & Maint Fleet Operating 181198 308 APPLIED ENVIRONMENTAL SCIENCES Contract Svcs - General Bldg Riley House 181199 284 CDW GOVERNMENT INC.Other Hardware IT Operating 181200 319 COMCAST Cable TV Community Center Admin 181201 19,862 DELL Computers IT Operating 181202 2,632 EGAN OIL COMPANY Lubricants & Additives Fleet Operating 181203 2,100 G & K SERVICES Clothing & Uniforms Utility Operations - General 181204 476 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Wine Club 181205 13 GRAINGER Repair & Maint. Supplies Water Treatment Plant 181206 160 GROTH MUSIC Operating Supplies Community Band 181207 350 IAFCI Dues & Subscriptions Police 181208 75 KANSANBACK, RACHEL Tuition Reimbursement/School Fire 181209 4,374 KRAEMER MINING & MATERIALS INC Gravel Sewer System Maintenance 181210 4,080 LOGIS Other Hardware Arts Center 181211 39 MARSHALLS FARM Operating Supplies Sunbonnet Days 181212 539 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails 181213 511 NCT INC Conference Expense IT Operating 181214 1,114 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 181215 51 PC MALL Other Hardware IT Operating 181216 332 PETTY CASH-POLICE DEPT Postage Police 181217 18 QWEST Telephone E-911 Program 181218 19,000 SIGNCRAFTERS Other Contracted Services Water Storage 181219 9,938 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 181220 65 US POSTMASTER - HOPKINS Postage Senior Center Administration 181221 44 VALLEY NAT'L GASES-LOC 93 Repair & Maint. Supplies Water System Maintenance 181223 95,385 XCEL ENERGY Electric Water Treatment Plant 1,734,717 Grand Total CITY COUNCIL AGENDA SECTION: Ordinance & Resolution DATE: December 1, 2008 DEPARTMENT/DIVISION: George Esbensen, Fire Chief Kevin Schmieg, Building Official ITEM DESCRIPTION: 1st reading of an ordinance amending City Code Section 10.02 relating to Individual Sewage Treatments Systems ITEM NO.: XI.A. Requested Action Move to: Approve 1st reading of an ordinance amending City Code Section 10.02. Synopsis The amendments as proposed to City Code Section 10.02 Individual Sewage Treatment Systems Standards are required to bring the City Code into compliance with current Minnesota Pollution Control Agency rules, County regulations, and Met Council submission requirement for the 2008 Guide Plan Update. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS AND ADOPTING BY REFERENCE CERTAIN PARTS OF MINNESOTA RULES CHAPTER 7080, AND AMENDING CITY CODE SECTION 2.26, SUBD.2.B. RELATING TO SPECIAL PROCEDURES APPLICABLE TO CERTAIN APPEALS AND REQUESTS AND ADOPTION BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 10.99 WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 10.02 is amended as follows: Subd. 1. Section 10.02 Individual Sewage Treatment Systems Standards Adopted by Reference. Minnesota Rules Chapter 7080, sections 7080.0020; 7080.0060; 7080.0065; 7080.0110; 7080.0115; 7080.0120; 7080.0125; 7080.0130; 7080.0150; 7080.0160; 7080.0170; 7080.0170, subpart 2, item C, subitem (1), unit (b), Table Va; 7080.0172; 7080.0175; 7080.0176; 7080.0178; and 7080.0179 being the sections containing the technical standards and criteria contained in the “Individual Sewage Treatment Systems Program” are adopted by reference, except as may otherwise be provided in this Section. One copy shall be kept on file in the office of the City Clerk. Subd. 2. Purpose and Objectives. A. Purpose. The purpose of this ordinance is to provide minimum standards for the regulation of individual sewage treatment systems (ISTS) including: proper location, design and construction, necessary modification and reconstruction, operation, and maintenance and repair. By preventing and eliminating possible contamination of surface and groundwater with human sewage and waterborne household and commercial wastes and the elimination and prevention of the development of public nuisances, public health and safety will be ensured. Authority to enforce this Section is granted under Minn. Stat. Chapters 115, 145A, and Minnesota Rules Chapter 7080 and as amended that may pertain to sewage and wastewater treatment. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. B. Objectives. 1. The protection of the City’s lakes, rivers, streams, wetlands and groundwater essential to the promotion of public health, safety, welfare, and socioeconomic growth and development of the City in perpetuity. 1 2. The regulation of proper ISTS construction, reconstruction, repair and maintenance to prevent the entry and migration of contaminants, thereby ensuring the non-degradation of surface water and groundwater. 3. The establishment of minimum standards for ISTS placement, design, construction, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. 4. The appropriate utilization of privy vaults and other non-water carried ISTS. 5. The prevention and control of water-borne disease, lake degradation, groundwater related hazards, and public nuisance conditions through technical assistance and education, plan reviews, inspections, ISTS surveys and complaint investigation. Subd. 3. Definitions. A. Authority: The City acting by and through its Building Inspection Division and its designated agent who shall be a qualified employee or licensee. B. Owner: The fee owner(s) and, if applicable, the contract-for-deed purchaser. Ownership interests shall be determined by reference to the records of Hennepin County. The owner of each lot served by an ISTS is responsible for the lawful operation and maintenance of each ISTS. C. Non-Standard Systems: ISTS that are Alternative, Other Systems, or Performance as described in Minnesota Rules, Chapter 7080, parts 7080.0172, 7080.0178, and 7080.0179. D. Other Establishment: Any private or public structure, other than a dwelling, that generates sewage having characteristics other than residential-type waste or has an average waste flow greater than 2,000 gallons per day and discharges to an individual sewage treatment system. E. Standard System: ISTS designed and installed in accordance with the construction standards specified in Minnesota Rules, Chapter 7080, sections 7080.0060 – 7080.0170. Subd. 4. Administration, Duties, and Responsibilities. The Authority shall have the following duties and responsibilities: A. To review all applications for ISTS. B. To issue all required permits. C. To conduct construction inspections and to perform all necessary tests on individual sewage treatment systems to determine ordinance compliance. 2 D. To investigate complaints regarding ISTS. E. To perform compliance inspections and issue Certificates of Compliance, Notices of Noncompliance, Stop Work Orders, and Notices of Violation where appropriate. F. To submit complaints to the City Attorney for prosecution of violations of this Section of the Code. G. To submit annual reports to the Minnesota Pollution Control Agency to demonstrate enforcement of Minn. Rules Chapter 7080.0310. H. To maintain proper records for ISTS including site evaluation records, design records including calculations and summaries for all system component sizings and as-builts, complaints on noncompliance, compliance inspections, site evaluations, applications and exhibits, variance requests, issued permits, Certificates of Compliance, and enforcement proceedings. I. The issuing of permits, Certificates of Compliance or Notices of Noncompliance does not represent a guarantee or warranty of the system’s operation or effectiveness. Such certificates only signify that the system in question is or has been designed and installed in compliance or noncompliance with the requirements of this Section. Subd. 5. Permitting. A. Required Permits. 1. A permit from the City is required before any ISTS in the City is installed, replaced, abandoned, altered, repaired or extended. This subdivision shall not apply to pumping. a. Permits shall be issued only to licensed contractors. b. A permit shall be obtained for each specific installation, replacement, alteration, repair, or extension of an ISTS. c. Permits shall be issued only upon written application by the licensed contractor accompanied by all required documentation as outlined in Minnesota Rule 7080.0110 and approved by the Authority. d. Permits shall be issued only upon payment of a permit fee in the amount prescribed by the City. The permit fee shall be doubled if construction is commenced prior to permit issuance. e. Permits are not transferable as to person or place, and shall expire 12 months after date of issuance or upon final inspection and approval by the Authority, whichever occurs first. 3 f. Upon request of the Authority, permits shall be provided by the permittee at the time of an inspection. 2. No building permit shall be issued by the City for any building which will be connected to a new ISTS until the site evaluation report and design has been submitted, reviewed, and approved by the Authority. 3. No building permit, occupancy permit, plumbing or mechanical permit, or variance shall be issued by the City for any expansion or alteration of a building (or use made thereof) connected to an existing ISTS until such system has been inspected and certified by the City as being in compliance with these Standards. 4. Whenever the addition of bedrooms, plumbing fixtures or mechanical equipment, or a change in the character or intensity of the established use is proposed, the Authority may require the review and/or replacement, repair, alteration, or expansion of the existing ISTS or any portion thereof. B. Permits Not Required. 1. Permits shall not be required for the following activities: a. Repair or replacement of pumps, floats or other electrical devices of the pump. b. Repair or replacement of baffles in the septic tank. c. Installation or repair of inspection pipes and manhole covers. d. Repair or replacement of the line from the building to the septic tank. e. Repair or replacement of the line from the septic tank or pump chamber to the distribution box or lines. C. Permit Application. 1. All ISTS permit applications shall include the following information: a. Name and address of property owner. b. Property identification number. c. Legal description of the property. d. Lot survey or in absence of certified survey a document which includes: (1) All property lines and lot dimensions. 4 (2) All existing or proposed well locations or water supply piping. (3) Relative elevations of house, lot corners, and drain areas. (4) Slope of land and slope percentages at drain field site. (5) Distance of drain field from property lines, well locations, lakes, streams, marsh areas, and drainage channels. e. ISTS designer name, address, telephone number, and state MPCA license number. f. ISTS installer name, address, telephone number, and state MPCA license number. g. Site evaluation report in accordance with Minnesota Rule 7080.0110. h. System design report in accordance with Minnesota Rule 7080.0115. i. An approved monitoring and mitigation plan in accordance with Minnesota Rule 7080.0310, Subpart 7 for systems designed pursuant to 7080.0178 and 7080.0179. j. The location of at least one designated additional soil treatment area that can support a Standard System on lots created after January 23, 1996. k. A certified statement from the person or persons who conducted the site evaluation and system design that the person conducted the site evaluation and/or designed the system. l. Additional information the Authority may require. Subd. 6. Additional Requirements for the Permitting of Non-Standard Systems. A. Non-standard systems shall only be permitted if all of the requirements of Minn. Rules, Chapter 7080, sections 7080.0172, 7080.0178, and 7080.0179 and the following are complied with. 1. The Authority agrees that a Standard System cannot be installed. 2. Reasonable assurance of performance of the system, as determined by the Authority, is submitted by the Designer. 3. An operating permit has been approved by the Authority. 4. A water meter is installed to monitor flow. 5 5. If a Non-Standard System reduces the vertical separation distance between the bottom of the distribution medium to saturated soil or bedrock from three feet, the following must be met. a. A minimum of one foot of unsaturated soil must be present. b. Additional nutrient removal may be required by the Authority for sensitive environments or high strength wastes. c. For one to three feet of unsaturated soil, total fecal coliform levels shall not exceed an average of 2,000 colonies per 100 ml of effluent. d. The performance system must be installed with an alarm device that warns of system failure, so untreated sewage cannot reach the distribution medium. B. Operating Permit for Non-Standard Systems. 1. The Authority shall issue and enforce an operating permit for all Non-Standard Systems. 2. The operating permit shall be valid for twelve months and renewed by the expiration date. 3. The Authority shall review all required monitoring data submitted from the previous year and the renewal application before approving any subsequent operating permits. 4. An operating permit shall include: a. A detailed description of the operation, maintenance, and monitoring necessary to ensure both continued system performance as designed and protection of public health and the environment for the life of the system. b. A requirement that the person responsible for monitoring notify the Authority when monitoring plan requirements are not met. c. The signatures of the system designer and owner. C. Monitoring Plans for Non-Standard Systems. 1. All sampling methods and analysis techniques shall be performed in accordance with Standard Methods. 6 2. The monitoring plan shall be developed and approved prior to issuance of a permit and provide the following: a. The parameters for sampling, sample type, sampling location, and frequency for monitoring. b. The sample parameter compliance limits or boundaries. c. The reporting frequency, not less than annually. d. The flow or water usage measurements. e. The signature of the person responsible for conducting the monitoring and reporting to the Authority. f. A mitigation plan detailing actions to be taken if the system fails to meet the expectations established by the monitoring plan requirements. The mitigation plan shall detail possible component failures, corrective actions, person responsible for mitigation, and estimated cost of correction. D. Submittal of Monitoring Results for a Non-Standard System. 1. The results of the monitoring of a Non-Standard System shall be submitted in accordance with the approved monitoring plan annually to the Authority, no later than the expiration date of the operation permit. 2. If monitoring results do not meet the monitoring plan requirements, then the person responsible for conducting the monitoring shall notify the Authority within (10) ten calendar days. 3. Monitoring plans may be modified as necessary with the Authority’s approval. Subd. 7. Individuals Constructing Their Own ISTS A. A license is not required for an individual who is constructing a Standard System on land that is owned or leased by the individual and functions solely as a dwelling or seasonal dwelling for that individual. The ISTS shall be designed by a Minnesota Pollution Control Agency licensed Designer I or II. Subd. 8. Application Review and Determination. A. Within sixty (60) days of receipt of a complete written application for a permit, license or other approval of an action relating to an ISTS, the Authority shall either grant the permit or license or give other approval of an action or deny the same. 7 B. In the event the Authority denies the granting or approval of a permit, license or other action, the Authority must state in writing the reason(s) for the denial at the time that it makes the denial. The written statement must be provided to the Applicant upon adoption. C. The 60 day time limit begins upon the Authority’s receipt of a written request containing all information required by law or by a previously adopted rule, ordinance or policy of the Authority, including the applicable application fee. If the Authority receives a written request that does not contain all required information, the 60 day limit starts over only if the Authority sends written notice within fifteen (15) business days of receipt of the application telling the Applicant what information is missing. D. If the Applicant does not appeal within the time provided, the denial shall become final. Subd. 9. Variances. A. Variances to wells and water supply lines require approval from the Minnesota Department of Health. B. The Authority may grant variances to the technical standards and criteria of Minnesota Rules, Chapter 7080 or this Section, if the system meets the requirements of parts 7080.0172, 7080.0178, 7080.0179 and this Section. C. All requests for variances from this Section shall be in writing on forms approved by the Authority. Subd. 10. Construction Inspections. A. Compliance Inspections. 1. Shall be conducted by the Authority anytime an ISTS is installed, replaced, altered, repaired, or extended to ensure compliance with permit and design requirements. 2. Inspections shall be conducted at least once during construction prior to covering of the ISTS to assure the system has been constructed per the submitted and approved design. 3. Any component of an ISTS that is buried before being inspected shall be uncovered and made ready for the necessary inspection. 4. Proposed changes to an approved permit and design shall be reviewed and approved by the Authority before the changes are incorporated. 8 B. Inspector. 1. Compliance inspections for construction, replacement, alteration, or repair work on ISTS shall be conducted by the Authority or its designated agent. C. Request for Inspection. 1. It shall be the duty of the permitee to notify the Authority orally, by telephone, or in writing not less than 8 working hours between the hours of 8:00 a.m. and 4:30 p.m. before the work is to be inspected or tested. 2. If the Authority or its authorized agent does not appear for an inspection within 24 hours of the time set (3 working days, excluding Saturdays, Sundays, and holidays), the inspection or test shall be deemed to have been made. 3. Within (5) five days of completion of the work the permitee shall supply the following documentation to the Authority. a. A signed affidavit stating the ISTS installation, replacement, alteration, repair, or extension was done to code, approved plans, permit, and that the installation was free from defects. b. An as-built drawing including photographs of the system prior to covering of the work. (As-builts shall only be accepted for Standard Systems.) c. If sufficient proof is not provided, the Authority can require the uncovering of the system for inspection. D. Access to Premises and Records. 1. Upon the request of the Authority, the permit applicant, owner, or owner’s agent shall allow access at any reasonable time to the affected premises as well as any related records, for the purposes of regulating and enforcing this Ordinance. 2. If entry is refused, the Authority shall use appropriate remedies provided by law to secure entry. 3. No person shall hinder or interfere with the Authority in the performance of its duties and responsibilities pursuant to the enforcement of this Section. 4. Refusal to allow reasonable access to the Authority shall constitute a separate and distinct offense whether or not any other specific violations are cited. 9 E. Stop Work Orders. 1. Whenever any ISTS work is being done contrary to the provisions of this Section, the Authority may order the work stopped by verbal or written notice served upon the installer, owner, or owner’s agent. 2. All installation and construction shall cease and desist until authorization to proceed is given by the Authority. F. Inspection Reports. 1. A Certificate of Compliance or Notice of Noncompliance shall be prepared by the Authority or its designated agent following an inspection or review of as-builts submitted in accordance with Subd. 10, C.3.b. 2. A Certificate of Compliance or Notice of Noncompliance shall include a signed statement by the Authority identifying the type of ISTS inspected and whether the system is in compliance with Minnesota Rules Chapter 7080.0060. 3. A copy of the Certificate of Compliance or Notice of Noncompliance shall be provided to the property owner or their agent within 30 days of the compliance inspection and a copy kept on file with the Authority. a. Certificates of Compliance issued by the Authority for new construction and replacement shall be valid for five (5) years from the date of the compliance inspection or as-built certification unless the Authority identifies the system as an Imminent Public Health Threat. b. Notices of Violation may be issued with Notices of Noncompliance when the Authority determines that new construction, replacement of repairs are not in compliance with this Section. Subd. 11. Existing Systems. A. Requirements. The Authority shall require a compliance inspection of an existing system whenever: 1. In designated Shoreland Management or Wellhead Protection Areas, an application for any type of building or land use permit is made. 2. The Authority deems a compliance inspection necessary, including, but not limited to, receipt of information of a potential ISTS failure or Imminent Health Threat. 10 3. An additional bedroom on the property is requested. If a request for an additional bedroom is received between November 1 and April 30, the Authority may issue a building permit immediately with the contingent requirement that a compliance inspection of the existing ISTS shall be completed by the following June 1. 4. Any addition or remodel of a licensed food, beverage, or lodging establishment or any Other Establishment where the sewage treatment system’s designed flow may be effected. B. Inspector. 1. Only the Authority, licensed Designer I, or Inspector shall conduct inspections to determine compliance of existing ISTS. C. Existing Systems in Compliance with the Two-foot Rule. 1. An existing system installed before April 1, 1996 shall be considered in compliance with the technical standards of Minnesota Rules 7080 and need not be upgraded if the following conditions exist: a. The system in not an Imminent Public Health Threat. b. The system has at least two feet of vertical separation between the bottom of the distribution medium and seasonally saturated soil as indicated by mottling of other indicators. c. The system is not in a Shoreland Designated Area. d. The system is not in a Wellhead Protection Area. e. The system is not serving a food/beverage/lodging facility. D. Inspection Reports. 1. A copy of the Certificate of Compliance or Notice of Noncompliance resulting from a compliance inspection shall be provided to the property owner and the Authority within 30 calendar days of the inspection. a. Certificates of Compliance issued by the Authority for an existing ISTS shall be valid for three (3) years from the date of the compliance inspection unless the system is identified as an Imminent Public Health Threat. b. A Notice of Noncompliance shall be issued in the following circumstances and the conditions noted in violation of this Section shall be remedied as follows. 11 (1) An ISTS determined to be failing shall be upgraded, replaced, or repaired in accordance with Minnesota Rules Chapter 7080.0060 within three (3) years, or its use is discontinued. The Authority may, at its discretion, grant an extension of an additional two (2) years. (2) An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced, or repaired within (10) ten months. The Authority will give consideration to weather conditions in determining compliance dates. If an ISTS is determined to be a public health nuisance by the Authority, the owner of the ISTS may be ordered to cease use immediately and not allow use of the ISTS until it is corrected in accordance with Authority’s recommendations. Subd. 12. Violations. A. Cause to Issue a Notice of Violation. 1. Noncompliance with this Section shall constitute a violation. B. Serving a Notice of Violation. 1. The Authority shall serve, in person or by mail, a Notice of Violation upon any person determined to be not in compliance with this Section. C. Contents of a Notice of Violation. 1. A Notice of Violation shall contain the following: a. A statement documenting the findings of fact determined through inspections, re-inspections, or investigations. b. A list of specific violation or violations of this Section. c. The specific requirements for correction or removal of the specified violation(s). d. A mandatory time schedule for correction, removal, and compliance with this Section. 12 D. Notification of MPCA. 1. The Authority shall in accordance with state law notify the MPCA of any inspection, installation, design, construction, alteration, or repair of an ISTS by a licensed person or any pumping by a licensed pumper performed in violation of the provisions of this Section. Subd. 13. Additional Standards For Health and Environmental Protection. A. Siting of an ISTS. 1. Notwithstanding any state or federal requirements, the separation distance from an ISTS to a Type 3, 4, 5, or 6 wetland shall be no less than fifty (50) feet. Subd. 14. Warrantied Systems. A. Warrantied systems, as described in Minn. Stat., Chapter 115.55, subd. 8, are prohibited. Subd. 15. Maintenance Report. A. Pumping Activities and Recording Fees. 1. The owner of an ISTS or owner’s agent who measures or removes accumulations in accordance with Minnesota Rules 7080.0175 shall submit records of all pumping activities to the Authority and pay the appropriate fees. Subd. 16. Enforcement. A. Violations Of This Section. 1. Any person, firm, corporation, or other entity who violates any of the provisions of this Section or fails to perform or refrain from doing any act or thing required by any order or direction, or notice of the Authority or who makes any false statement on a Certificate of Compliance, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both, as defined by law. 2. Each day in violation may constitute a separate violation. B. Remedies for Violations. 1. In the event of a violation of this Section, in addition to other remedies, the City Attorney may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations. 13 Subd. 17. Fees. A. The City shall from time to time establish fees for permits and activities undertaken pursuant to this Section. 1. Fees shall be due and payable at a time and manner determined by the City. Subd. 18. Appeals. A. Whenever the Authority shall deny an application for a permit or other requested governmental approval related to an ISTS including a request for a variance, the applicant may appeal the decision of denial to the Board of Adjustments and Appeals in accordance with City Code Section 2.26 by giving notice thereof to the City Clerk within ten (10) days of the receipt of written reasons for the denial. Subd. 19. Notices and Orders of Authority. A. Emergency Orders. 1. Whenever the Building Authority finds that an emergency exists in relation to the enforcement of the provisions of this Section which requires immediate action to protect the health, safety, or welfare of occupants of the premise or surrounding premises, the Authority may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this Section. 2. When any such emergency shall be declared to exist the Authority immediately shall report the same in writing to the Eden Prairie City Council. 3. Every notice of emergency shall include the following language: “If you do not comply with this Order by the above date, the City may remedy the violation and levy the costs to future assessments.” Subd. 20. City Code Provisions Adopted by Reference. A. City Code, Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 2.99 and 10.99, entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Subd. 21. Severability. A. If a provision or application of this Section is held invalid, that invalidity shall not affect other provisions or applications of this Section. 14 Section 2. City Code Section 2.26, Subd. 2. B. is amended as follows: A. Special Procedures applicable to Appeals and Requests for Variances relating to Signs and Individual Sewage Treatment Systems (ISTS) and other Requests for Variances Related to Zoning. In cases of (a) appeals and requests for variances relating to (i) signs and (ii) (ISTS) and (b) other requests for variances related to zoning, the following procedures and rules to the extent they may be inconsistent with City Code Section 2.26 Subd. 2. A., 2. and 3. shall apply: 1. The Board shall approve or deny the appeal or request within sixty (60) days of the filing by the appellant or the requester of a complete application with the City (“60-day period”). If the appeal or request is denied by the Board, it shall state in writing the reasons for the denial at the time it denies the appeal or request. The decision of the Board shall become final upon the earlier of (a) 15 days after the decision or (b) the end of the 60-day period. 2. The Council may elect to review the decision of the Board. The election must be made (a) within 15 days after the decision of the Board and (b) prior to the end of the 60-day period. If the Council elects to review the decision of the Board, the review by the Council shall be completed within the 60-day period. If the Council denies the appeal, request or variance, it shall state in writing the reasons for the denial at the time it denies the request. 3. The appellant or requestor may appeal a decision of the Board to the Council within ten (10) days after the decision by the Board. The Council shall complete its review of an appeal of a decision of the Board and approve or deny the appeal, request or variance within the 60-day period. If the Council denies the variance it shall state in writing the reasons for the denial at the time of the denial. 4. The 60-day period may be extended before the end of the period by providing written notice of the extension to the appellant or requester. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days unless approved by the appellant or requester. The 60-day period may also be extended as provided by Minn. Stat. § 15.99. 15 16 Section 2. 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 ______ day of _________, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ______ day of ____________, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News of the _______ day of ____________. CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: December 1, 2008 DEPARTMENT/DIVISION: Gene Dietz Public Works ITEM DESCRIPTION: Approve Second Reading of an Ordinance Prohibiting Disposal of Clear Water Into the Sanitary Sewer System ITEM NO.: XI.B. Requested Action Move to: Approve Second Reading of an Ordinance amending City Code Chapter 3 relating to regulation of inflow and infiltration (clear water) into the sanitary sewer system and adopt Resolution approving Summary publication. Synopsis This is the second reading of the Ordinance prohibiting disposal of clear water into the sanitary sewer system. Background Information The first reading for the Ordinance was on October 21, 2008. Attachments Ordinance Ordinance Summary Resolution Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 3 BY ADDING SECTION 3.51 REGARDING RULES AND REGULATIONS RELATING TO DISCHARGES FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWERAGE SYSTEM AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 3 is amended by adding Section 3.51 which shall read as follows: SECTION 3.51 RULES AND REGULATIONS RELATING TO DISCHARGES FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWERAGE SYSTEM. Subd. 1. Purpose. The Council finds that the discharge of water from roofs, down spouts, eave troughs, rain spouts, yard drains, surfaces, groundwater, sump pumps, footing tiles or swimming pools, foundation drains, yard fountains, ponds, cistern overflow, air conditioning units or systems, areaway drains, industrial processes, and other means of transmitting natural precipitation and surface waters, collectively referred to as excess infiltration and inflow (I & I), into the sewerage system as defined by Section 3.50, Subd. 1 (B), will and has in the past overloaded the sewerage system. The owner of the interceptor sewer system and the waste water treatment facilities—Metropolitan Council Environmental Services (MCES)—has mandated that cities remove excess I & I from the system or be subject to certain fines, penalties and surcharges as imposed by MCES. Further, MCES has determined that failure to remove excess I & I could lead to a moratorium on new connections to the sewerage system required for development and/or redevelopment. The Council, therefore, finds it essential for orderly growth in the community, fiscal responsibility, compliance with the mandated requirements of MCES and City Code requirements that the provisions of this Section be strictly enforced.. Subd. 2. Prohibition against discharges into sewerage system. No water from any roof, down spout, eave trough, rain spout, yard drain, surface, groundwater, sump pump, footing tile or swimming pool, foundation drain, yard fountain, pond, cistern overflow, air conditioning unit or system, areaway drain, industrial process, or other natural precipitation shall be discharged into the sewerage system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sewerage system, except as provided herein. A “permanently installed discharge line” shall be one which provides for year-around discharge capacity to either an appropriate drainage area on the outside of the dwelling, building or structure (in no event shall such a drainage area include property owned by others or any public right-of-way), or is connected to the City storm sewer. The permanently installed discharge line shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge. It shall not be capable of connection or reconnection to the sewerage system. Subd. 3. Disconnection. Any person having a roof surface, down spout, eave trough, rain spout, yard drain, surface, groundwater, sump pump, footing tile or swimming pool, foundation drain, yard fountain, pond, cistern overflow, air conditioning unit or system, areaway drain, industrial process now connected and/or discharging into the sewerage system shall immediately disconnect and/or remove same. Any disconnects or openings in the sewerage system shall be closed in an effective, workmanlike manner, as approved by the Director of Public Works. If a city drain tile or storm sewer system is available to the property, connection of said discharges to these systems shall be mandatory. Subd. 4. Compliance and Inspection. Every person owning improved real estate that discharges into the City’s sewerage sewer system shall comply with the requirements of this Section within thirty (30) days of the Effective Date. Within thirty (30) days after notice from the City, the property owner shall contact the City Utility Division to schedule an inspection, at no cost to the property owner, of each building and the utility service lines located on such property by an inspector designated by the City. The purpose of this inspection shall be to confirm that there is no sump pump or other prohibited discharge into the sewerage system. In lieu of having the City inspect such property, the property owner may, at the property owner’s expense, furnish a certificate from a licensed plumber, in a form acceptable to the City, certifying that the property is in compliance with this Section. Subd. 5. Additional Inspections. The City may require any building be re-inspected on a yearly basis in conjunction with water meter or other inspections and/or service calls. Subd. 6. New home inspections. All new homes will be required to have their sump pump system inspected and be in compliance with this Section prior to issuance of a certificate of occupancy. Subd. 7. Waivers. The Director of Public Works shall have the power and duty of hearing and deciding requests for waivers from the applicability of the provisions of this Section where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. This may also include cases where it would not be practical or feasible to correct an otherwise prohibited discharge in the City’s sewerage system. Application for waivers pursuant to this Section shall be addressed in writing to the Director of Public Works. The applications shall at a minimum identify the subject property, the name of the property owner/applicant, and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time the Director of Public Works shall make a decision on the matter and send a copy of such decision to the applicant by regular mail. Upon approval of an application for a waiver, a property owner shall be allowed to discharge directly into the sewerage system for a limited time specified in the written decision and in accordance with other terms and conditions specified. The applicant will be required to pay an additional fee for the additional sewer service, along with the regular monthly charge. Fees for this service will be based on estimated yearly average amounts discharged to the sewerage system. Subd. 8. Surcharge. A surcharge of $100.00 per month is added to every sewer bill mailed to property owners who (a) are found discharging I & I into the sewerage system; (b) have not obtained an inspection required by this Section within 30 days after notice by the City; (c) have not made necessary corrections within the time specified; or (d) are not otherwise in compliance with this Section. The surcharge shall be added every month thereafter for properties not complying with this Section until the property owner submits proof to the Director of Public Works that the property is brought into full compliance. The full amount of the surcharge shall apply regardless of whether the non-compliance has been for the entire month or a portion of it. All properties found during any yearly re-inspection to have violated this Section will be subject to a $200.00 surcharge for all months between the two most recent inspections. If the surcharge is not paid, the City reserves the right to assess the property owner the unpaid balance pursuant to Minnesota Statute Section 429.101, as amended. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation” and Section 3.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety by reference as though repeated verbatim herein. Effective Date: 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 October, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of December, 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the _____ day of ___________, 2008. P:\Home\1614.003\Sump Pump Discharge Ordinance\DOCUMENTS\DRAFT Section 3 51 Rules and Regulations Relating to Discharges from Sump Pumps and Other Sources into the Sewerage System 2008 08 25 (clean).doc CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ____- 2008 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___ - 2008 AND ORDERING THE PUBLICATION OF SAID SUMMARY. WHEREAS, Ordinance No. ____ - 2008 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1st day of December, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRIARIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. The text of Summary of Ordinance No. ___-2008, attached hereto as Exhibit A conforms to Minn. Stat. § 331A.01, subd. 10, and is approved, and publication of the title and Summary of Ordinance will clearly inform the public of the intent and effect of the Ordinance. B. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or 8 point type. C. A printed copy of the Ordinance shall be made available for inspection for any person, during regular business hours, at the offices of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. D. Ordinance ____-2008 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on December 1, 2008. ____________________________________ Phil Young ATTEST: _____________________________ Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie News of the _______ day of ____________, 2008. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 3 BY ADDING SECTION 3.51 REGARDING RULES AND REGULATIONS RELATING TO DISCHARGES FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWARAGE SYSTEM AND ADOPING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. ___-2008. The full text is available for public inspection by any person during regular business hours at the office of the City Clerk: The ordinance amends Chapter 3 of the City Code by adding Section 3.51 which prohibits the discharge of water from roofs, down spouts, eave troughs, rain spouts, yard drains, surfaces, groundwater, sump pumps, footing tiles or swimming pools, foundation drains, yard fountains, ponds, cistern overflow, air conditioning units or systems, areaway drains, industrial processes, and other means of transmitting natural precipitation and surface and subsurface waters into the City sanitary sewerage system. Compliance with the ordinance is required within thirty (30) days of its effective date. The City will verify compliance with the ordinance through inspections by the City, or the property owner may contract a licensed plumber to inspect and certify to the City the resident’s property is in compliance. The ordinance requirements may be waived where compliance would cause undue hardship or a safety problem. The ordinance further allows the City to apply a $100.00 per month surcharge to those properties that do not comply with the ordinance requirements. The ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 3.99 which contain definitions and provisions relating to penalties. Effective Date: This ordinance shall become effective from and after its passage and publication. ATTEST: _______________________________ ______________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the ____ day of _____________, 2008. CITY COUNCIL AGENDA SECTION: City Manager Report DATE: December 1, 2008 DEPARTMENT/DIVISION: Police/Fire/OCM Rob Reynolds, Police Chief George Esbensen, Fire Chief Scott Neal, City Manager ITEM DESCRIPTION: Award of contract for Police and Fire All- in-One Solution to New World Systems ITEM NO.: XIV.B.1. . Requested Action Move to: Award contract for Police and Fire All-in-One Solution to New World Systems and authorize the Mayor and the City Manager to execute the contract with New World Systems. Synopsis The City Police Department currently has a Record Management System (RMS - 21 years old), Computer Aided Dispatch (CAD - 8 years old) and Mobile System (8 years old). The systems are outdated. Improvements will make the systems more efficient and will better meet the needs of the Police Department. The City Fire Department currently uses similar, but separate, systems which also are in need of similar improvements. The City’s RFP requested a fully integrated solution which could serve both the Police and Fire Departments and allow for the sharing of information. City Staff started this RFP process in September 2007. An outline of the project follows: 1) Initial project planning (Team Leaders: James Morrow-Police, Steve Koering-Fire and Lisa Wu-IT) – September 2007 2) Formalized and selected 13 project team members from various disciplines that will use the new system (Sandy Mitchell, Stacy Boyer, Julie Bergstrom, Lisa Vik, Jennifer Bahr, Rachel Selness, Jamie Good, Bill Wyffels, Jerrad Biggar, Thomas Lowery, Mike Hutter, Ryan Browning, Kimberly Cummings) – October 2007 3) Vendor Pre-RFP meeting and needs assessment - December 2007 4) Pre-RFP customer site visits (8 software vendors) – April 2008 5) RFP preparation and delivery of RFP to 10 vendors per request – May 2008 6) RFP closed - June 19, 2008 7) Evaluated 5 responding vendors - July 2008 8) Selected 4 vendors for onsite demonstration – August 2008 9) Team consensus to rank the vendors’ overall solution by demonstration of the product against the RFP – September 2008 10) Site visit to selected vendors’ customer sites including New World Systems – October 2008 The project team recommends selection of New World Systems. Of the responding vendors, New World Systems provided the most integrated solution between the Police and Fire Departments for RMS, CAD and Mobile. Additionally, other responding vendors required use of a third party vendor for Fire Department record management. New World Systems’ solution will increase overall efficiency by reducing data entry redundancy, will assist in reducing response times by both the Police and Fire Departments, and provides officers the ability to complete reports while on the streets. The total cost of this project will not exceed 1.88 million dollars and is a budgeted item in Police/Fire Radio System CIP project. If approved, New World Systems and the project team anticipate implementation of the project in early 2009. Attachments The City’s RFP and New World Systems RFP response are not attached as the content of both is voluminous. The contract between the City and New World Systems may be reviewed upon request. CITY COUNCIL AGENDA SECTION: City Manager Report DATE: December 1, 2008 DEPARTMENT/DIVISION: Police/Fire/OCM Rob Reynolds, Police Chief George Esbensen, Fire Chief Scott Neal, City Manager ITEM DESCRIPTION: Award of contract for Police and Fire All-in- One Solution Ticket Writer software to Advanced Public Safety, Inc. ITEM NO.: XIV.B.2. . Requested Action Move to: Award the contract for the Police and Fire All-in-One Solution Ticket Writer software to APS (Advanced Public Safety, Inc.) and authorize the Mayor and City Manager to execute the contract with APS. Synopsis APS is a software company that provides software solutions which enable police to electronically complete and submit citations from the field. Currently, officers handwrite citations which are later submitted to the Hennepin County. The Ticket Writer software was one of the components included in the City’s RFP for the Police and Fire All-In-One Solution. The City selected New World Systems, Inc. as the vendor for the Police and Fire All-In-One Solution. APS is New World System’s business partner for the Ticket Writer module. Rather than purchasing the APS Ticket Writer software through New World Systems, staff recommends purchase of the software directly from APS based on an approximate 20% discount. The cost of the software when purchased directly from APS is $40,000 versus $50,268.00 when purchased through New World as a third party contract. Attachments The contract between the City and APS may be reviewed upon request. CITY COUNCIL AGENDA SECTION: Report of the Fire Chief DATE: December 1, 2008 DEPARTMENT/DIVISION: George Esbensen, Fire Chief Kevin Schmieg, Building Official ITEM DESCRIPTION: 2nd reading of an ordinance amending City Code Section 10.02 relating to Individual Sewage Treatments Systems ITEM NO.: XIV.G.1. Requested Action Move to: Approve 2nd reading of an ordinance amending City Code Section 10.02 and adopt Resolution approving Summary publication.  Synopsis The amendments as proposed to City Code Section 10.02 Individual Sewage Treatment Systems Standards are required to bring the City Code into compliance with current Minnesota Pollution Control Agency rules, county regulations, and Met Council submission requirement for the 2008 Guide Plan Update. Attachment Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ____- 2008 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___ - 2008 AND ORDERING THE PUBLICATION OF SAID SUMMARY. WHEREAS, Ordinance No. ____ - 2008 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1st day of December, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRIARIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. The text of Summary of Ordinance No. ___-2008, attached hereto as Exhibit A conforms to Minn. Stat. § 331A.01, subd. 10, and is approved, and publication of the title and Summary of Ordinance will clearly inform the public of the intent and effect of the Ordinance. B. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or 8 point type. C. A printed copy of the Ordinance shall be made available for inspection for any person, during regular business hours, at the offices of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. D. Ordinance ____-2008 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on December 1, 2008. ____________________________________ Phil Young ATTEST: _____________________________ Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie News of the _______ day of ____________, 2008. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS The following is only a summary of Ordinance No.__ . The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The amendments to the City Code Section 10.02 Relating to Individual Sewage Treatment Systems will bring the City Code into compliance with current Minnesota Pollution Control Agency rules and county regulations. Effective Date. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on .