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City Council - 07/06/1999 - Workshop APPROVED MINUTES EDEN PRAIRIE COUNCIL/STAFF WORKSHOP TUESDAY,JULY 6, 1999 5:00-6:55 P.M. CITY CENTER HERITAGE ROOM H CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger,Public Safety Services Director Jim Clark,Parks &Recreation Services Director Bob Lambert,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, Environmental Coordinator Leslie Stovring, Senior Planner Scott Kipp, and Council Recorder Peggy Rasmussen OTHER: Flying Cloud Airport EIS Noise Mitigation Commission Members: Tom Heffelfinger,Joe Smith,Alan Nitchman,Rob Kilpatrick,Jeff Larsen,Jeff Bauer, Gary Schmidt,John Smith MAC Staff. Mark Ryan,Roy Furhman, Chad Leqve,Mitch Killian: Barr Engineering: Bob Obermeyer,Hal Runke: Riley-Purgatory-Bluff Creek Watershed District: Conrad Fiskness I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:20 p.m. H. APPROVAL OF AGENDA MOTION: Butcher-Younghans moved, seconded by Case,to approve the agenda. Motion carried 5-0. Ill. TOPICS A. PRESENTATION OF FLYING CLOUD AIRPORT NOISE MITIGATION Tom Heffelfinger, Chair of the Flying Cloud Airport Advisory Commission, spoke for the Commission. He said that last July the Metropolitan Airports Commission (MAC) set up the Flying Cloud Airport EIS Noise Mitigation Committee to develop a Noise Mitigation Plan for inclusion in the Environmental Impact Statement (EIS) for the expansion of the Flying Cloud Airport. One subject they considered was the revision of MAC's Ordinance 51. The group began reviewing this in September 1998 and ended early in May 1999. They looked at how other airports handle noise problems, at the engines on various aircraft, etc. After much COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 2 discussion, a compromise agreement was reached to consider changes to Ordinance 51. They concluded that both weight and evaluation of the aircraft engines should be used in revising the ordinance, as this rewards individuals and companies using the most recent state-of-the-art technology in their aircraft. The goal of the recommended changes is to replicate the noise contours for an expanded Flying Cloud Airport that would exist if there were no expansion of the airport. Total aircraft operations are expected to increase whether or not the airport expands. It appears there will be additional hangars at the facility,which will increase traffic. Heffelfinger pointed out that Section 2.4 regarding the curfew, is also changed. It states that no Stage H jet aircraft can operate out of the airport between 10:00 p.m. and 6:00 a.m. To address Council and resident concerns regarding use of the airport, the revised ordinance includes that no scheduled airline or FAR Part 121 cargo operations, such as Federal Express,would be permitted, and includes a limit of 22,500 pounds Basic Empty Weight for all Stage III aircraft. This would allow the quietest heavier Stage HI fan-jets to use the airport. Heffelfinger recommended retaining a Flying Cloud Commission for the future to ensure compliance with Ordinance 51. He pointed out that non-compliance could result in criminal prosecution. It is also recommended that the ordinance be reviewed every three years. Chris Enger said he has been asked many times over the years who is supposed to enforce Ordinance 51 and how is it done? Heffelfinger replied enforcement will be done through MAC, and those in violation of the ordinance will be reported to local authorities. It is very difficult to pursue, however, because there is liable to be a challenge of interfering with interstate commerce. The commission discussed how to handle violations. If a pilot were operating outside the daytime use limit, for example, the airport manager would talk to the operator first about the violation. MAC, the advisory commission and local law-enforcement authorities could process violations. That is why it would be a good idea to keep the commission in place, as it could decide to ban a particular operator from the airport if there were a number of violations. Enger said he doesn't know when this process has ever been tested to see if it works. He would like to see a test case. With regard to an ongoing role for the commission, he would like to know what the expected role of that commission would be. Heffelfinger replied Flying Cloud Airport fall within the jurisdiction of Eden Prairie, Hennepin County, and MAC. MAC told the advisory commission of a handful of cases where aircraft operators were violating the ordinance. The operators were advised they were in violation, and their behavior changed. This outcome is better than prosecuting cases. Having a test case would be a good idea. Heffelfinger suggested the advisory commission could be kept informed of enforcement actions and used as a "watch-dog" group. He does not expect it to COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 3 expand into a judicial role. The appropriate authority for crimes committed on airport property would be the city attorney, acting on a report from airport police. Mayor Harris thanked Heffelfinger for his presentation and said the next step for the City Council would be to review and comment on the EIS for the expansion of the Flying Cloud Airport. (The Draft EIS is scheduled for completion by the end of November.) B. PRESENTATION FROM BARR ENGINEERING ON WATER QUALITY OF ROUND LAKE AND POLICY DISCUSSION OF FUTURE RECREATIONAL USE Bob Obermeyer from Barr Engineering and a consultant for the Riley-Purgatory- Bluff Creek Watershed District said Eden Prairie has the benefit of three lakes, two of which are in the watershed district. He said the purpose of the report is to provide policy options for maintaining the status of Round Lake as a swimming facility. Hal Runke explained that the Use Attainability Analysis provides an analysis of seven components of a water body that reflects its general health. It also includes diagnoses of problems and how to achieve better water quality. The problems they found are an accelerated rate of nitrogen and phosphorous levels that promote the growth of blue-green algae. This is a result of run-off from the hard surfaces around the lake, landscaping around the lake, as well as the storm water system. The Use Attainability Analysis is outcome-based and intended to look at what needs to be done to achieve desirable conditions for swimming. Late in the summer, fecal contamination of the lake occurs because of the large number of geese around the lake. The conditions have been getting worse over the years. The amount of algae in the lake can be measured; when there is less than a meter and a half transparency, the water becomes less desirable for swimming. This is a standard developed by the DNR. There are stunted pan fish in the lake, which are not attractive to people who want to use the lake for fishing. In 1981 and 1982 the DNR added a fish toxicant to the lake to remove the pan fish and added new fish which are predators to the pan fish. However,there are very few of these predators remaining in the lake Barr Engineering conducted a yearlong sampling process. They looked at what practices would have to be instituted to improve water quality sufficiently to support swimming. Of the total annual phosphorous load, approximately 60 percent of it comes from the northwest sub-watershed area. Barr Engineering's recommendations to improve the lake's water quality include: • Use of conventional methods, such as more street-sweeping and banning the use of phosphate fertilizers. • Constructing a tenth retention pond for the northwest portion of the lake where there is none. COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 4 • Increasing the volume or depth of three existing storm-water retention ponds near the lake. NURP ponds remove 40 percent to 50 percent of phosphorous. Barr Engyineering does not believe these remedies will be sufficient, however, to support swimming. They are recommending construction of a water-treatment plant that would add alum on an ongoing basis to the surface water that reaches Round Lake from the northwest sub-watershed area, in order to reduce phosphorous levels. Alum treatment of runoff and other methods should result in sufficient improvement to support swimming. There would be a one-time construction cost for an alum water-treatment plant of$760,000, and there would be an annual maintenance cost for the plant of$10,000 to $25,000. Runke said that alum is aluminum sulfate and forms aluminum hydroxide in the water, which sweeps all algae from the water and will absorb much of the phosphorous. Butcher-Younghans inquired if treating the lake one time with alum would be sufficient and would save the cost of building an alum plant. Runke replied a one- time treatment is included in the recommendations they made. The lake would be improved temporarily but it soon would be back to where it is now. Runke explained that this whole process is driven by trying to achieve the goals set by the PCA, the Watershed Board and the DNR. They have classified Round Lake as a swimming resource in connection with the Clean Water Act. The City or Watershed District has to take responsibility for maintaining water quality in its lakes. Cities currently under regulation need to implement the rules by 2012. In order to exempt Round Lake from treatment to meet these goals, it would have to be reclassified as a non-swimming lake by the PCA. Case inquired if a comparison of all lakes in the watershed district is available. Runke replied the first round of tests was for all swimming lakes. The second round will be done on fishing lakes managed by the DNR. The third round will be on less-used lakes. Butcher-Younghans asked if having a ban on the use of phosphorous fertilizer would significantly impact the lake. Runke replied it would, as about 15 percent of the phosphorous in water from suburban residential areas comes from turfed lawns. The phosphorous from turfed areas gets into the water gradually,whereas it washes off impervious surfaces during hard rains. Instituting a phosphorous fertilizer ban may help the condition of Round Lake,but will not make the water swimmable. Lambert asked, if Eden Prairie decides there is not going to be swimming in Round Lake because the City can't afford the alum treatment,is there a lesser strategy than developing a water-treatment plant on this lake? What does the City need to do so there can at least be good fishing in Round Lake? Is there anything else the City can do to turn it around? Runke replied implementing the best management practices would help, and may even result in sufficiently good water quality to support swimming some years; other years it won't. COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 5 Dietz asked how long an alum treatment plant lasts, and Runke answered from 10 years to 15 years. Dietz suggested using conventional treatment methods and an annual alum treatment. Runke said it would be necessary to get a permit from both the DNR and the PCA every time a treatment is done. Mayor Harris thanked Mr.Runke for his presentation. The Council needs to decide if it wants to keep Round Lake as a swimmable lake. Perhaps they can look at a combination of options. She asked staff to come back to the Council with possible options and a calculation of costs. IV. OTHER BUSINESS V. COUNCIL FORUM VI. ADJOURNMENT Mayor Hams adjourned the meeting at 6:50 p.m.