Planning Commission - 02/11/2008 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 11, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources
Al Gray, City Engineer
Michael Franzen, City Planner
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Vice Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Koenig, Pitzrick and
Stoelting.
II. APPROVAL OF AGENDA
MOTION by Seymour, seconded by Kirk, to approve the agenda. Motion carried
6-0.
III. MINUTES
PLANNING COMMISSION MEETING HELD ON JANUARY 28, 2008
MOTION by Seymour, seconded by Schultz, to approve the minutes. Motion carried
5-0. Powell abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. WETLAND CODE REVISION
Leslie Stovring, Environmental Coordinator, presented the Wetland Code
Revision. She pointed out the Wetland Protection Code was developed to
conserve and protect wetlands and their wetland buffers. The intent is to avoid
the alteration and destruction of wetlands and their buffer strips. The Wetland
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 11, 2008
Page 2
Protection Code serves to supplement MN Rules 8420, commonly called the
Wetland Conservation Act(WCA), which provides a set of minimum standards
for wetland protection.
She pointed out the amendment to the Code is to address the following:
1. Adoption of Local Government Unit(LGU) status for the Riley-
Purgatory-Bluff Creek Watershed District(RPBCWD). The District will
no longer be providing LGU services for the City of Eden Prairie as of
May 1, 2008.
2. New revisions to the WCA (State Rules and Regulations) in 2007.
3. Revisions to the Nine Mile Creek Watershed District wetland rules to be
implemented in 2008.
4. Miscellaneous issues that have arisen during day to day application of the
ordinance.
Item 1 will require additional staff time to evaluate wetland delineations, reports,
applications and inspections of wetland replacement areas. Barr Engineering
Company will be hired to act as the City's consultant to off-set most of the
increased work load. Permit fees will be collected to pay for consultant work.
Items 2, 3, and 4 are primarily for clarification and alignment with State and Nine
Mile Creek rules, but will not materially change the way in which the City's
current regulations protect and replace wetlands.
She pointed out the primary revisions to the Code would be definitions, general
provisions, which would include the following; performance standards for
determining the presence or absence of wetlands, performance standards for
report preparation guidelines,report submittal requirements in relation to the
growing season, and all reports, including those for wetland delineations, wetland
determinations, no-loss determinations, wetland buffer strip evaluations and
wetland replacement, must be provided with the Development Application.
Additional general provisions include limits on activities which can occur in
wetlands. And if alteration of wetlands is proposed, a report documenting the
analysis of how the developer would avoid and minimize impacts must be
provided with the Development Application. There must also be sequencing
flexibility. The wetland buffer strip and setback and alternative wetland buffer
strip and setback tables have been merged into one overall table. She pointed out
the type of monuments would be changed from carsonite to steel construction.
There were also a number of requirements that were added for projects where the
City is LGU. This includes additional standards for the application, fees and bond
requirements for the various types of reports that would now be required, as well
as minimum standards for field review, and report submittals would be
established. The wetland replacement and wetland bank plans would be reviewed
by the Environmental Coordinator but would be forwarded with the development
plans for approval by the City Council. The approvals would be valid for three
years.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 11, 2008
Page 3
Stoltz asked Franzen if he had any additional comments. Franzen went over the
four key points the amendment to the Code would address.
Kevin Bigalke, District Administrator for 9 Mile Creek, stated they have been
working with cities along the way to develop rules for the watershed district. The
rule they have been working on now is the Wetland Rule, where they can require
buffers of various widths, depending on wetland quality. Mr. Bigalke had some
suggestions to offer. Storm water should be pre-treated. He also pointed out that
based on the Wetland Conservation Act Rule Revisions, it allows wetland impacts
to be mitigated throughout the seven county metro area.
Stoltz asked Ms. Stovring if she was comfortable with the suggestions. She stated
she was comfortable with the suggestions.
Stoltz opened the meeting up for public input. There was no input.
Stoltz asked Franzen if we should continue this Code revision or approve it.
Franzen commented the changes to the Code are minor, but he will bring back a
final copy to the March 10"'meeting, once the City Council has had a chance to
discuss any revisions.
MOTION by Schultz, seconded by Seymour, to close the public hearing.
Motion carried 6-0.
MOTION by Schultz, seconded by Seymour, to recommend approval of the
Wetland Code Revision. Motion carried 6-0.
VII. PLANNERS' REPORT
Franzen said there will be one item on the agenda for the February 25, 2008, meeting.
United Health Group will be making a presentation for a PUD Amendment and AUAR.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Seymour, seconded by Kirk, to adjourn the meeting. Motion carried 6-0.
There being no further business, the meeting adjourned at 7:42 p.m.