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City Council - 02/17/2015 - Workshop APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 17, 2015 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room H I. VEGETATION MANAGEMENT PLANS FOR MITCHELL AND RED ROCK LAKES Joe Bischoff gave a presentation on the aquatic vegetation management study Wenck Associates Inc. completed for Red Rock and Mitchell Lakes. The objective of the project was to develop an aquatic plant control program that defines problems, identifies quantifiable management goals, and offers actions that can be taken to improve lake conditions. The study found that overabundance of submerged aquatic vegetation is negatively affecting a variety of lake uses including swimming, navigational access, fishing and aesthetics. Bischoff said that two main invasive species have been identified in Red Rock and Mitchell -- Curlyleaf Pondweed and Eurasian Watermilfoil Of the two, Curlyleaf Pondweed is more prevalent. The study also found that species diversity is limited in the lakes. Bischoff noted that DNR regulations do not allow for aquatic plant control for aesthetic purposes. Mechanical control(harvesting) is not allowed to exceed 50% of the littoral area of a lake. Herbicide use is limited to 15% of the littoral area of a lake. Management of "natives" for recreational purposes requires a plant management plan. In addition, Mitchell Lake is classified as a Natural Environment Lake, which requires a variance in order to use herbicides. Property owners are currently allowed to cut a 2,500 ft. swimming area and a 15 ft. channel to open water. Bischoff said the recommended vegetation management plan includes activities aimed at managing invasive species (targeted herbicide application once a year) and increasing recreational uses (mechanical harvesting several times a year). Bischoff reviewed a matrix outlining the costs of the various alternatives. City Council Workshop Minutes February 17, 2015 Page 2 15 Year Life Average Annual Alternative Description Acres Cycle Cost' Cost' Cost/Acre/Year Mitchell Lake i Invasive Contract 23 $265,000 S17,667 $771 H ar+.estfng 2 Invasive Contract Herbicide 13 $156,OOD $70,400 $783 3 Invasive Contract 23 279,000 $18.600 $808 Harvesting and Herbicide Recreation Area liarvesting�q 12 $152,000 $10,133 $854 Red Rack Lake 1 Invasive Contract 23 $268,000 17,866 $770 Harvesting 2 imaslve Contract Herbicidle 13 $205,000 $13,667 $11009 3 1ntivaslve Contract 23 309,000 520,600 888 Harvesting and Herbicide 4 Recreation Area 30.5 $343,000 522,867 $749 Harvesting 'Each annual cost adjusted to inflation and sum medlto obtain a total Iifetimecost_ 2Acraage is equal to the sum of area harvested throughout the year(Acr-Bage=acres harvested x times harvested) 3AP.5ume5lakeshore residents are responsible for the if own channel from shore toiracreationaI areas and any prNale swimming area. Bischoff noted that the costs presented are"worst case scenario," because less management may be required once the invasives are brought under some degree of control. Ellis said the watershed district is partnering with the city to implement the plan's recommendations. The watershed district is planning to complete herbicide treatments on the invasive species, and the city is planning to complete mechanical harvesting for recreational purposes and invasive management. Ellis indicated that only two years of recreational harvesting has been budgeted,because they want to see if the effort is effective before committing for future years. Stovring said some of the lake associations have indicated they may be willing to contribute toward the costs of the program. Ellis asked for input from the City Council on the proposed measures. There was general support for moving forward with two years of management activities, with an analysis and report back to the City Council after each season. Council Member Nelson wondered if the lake associations could establish a shoreland district to contribute funds toward the lake management programs. Bischoff said this presentation has been given to the lake associations, and it was presented to the watershed district. Council Member Aho asked if the lake associations feel the proposed program is aggressive enough. Bischoff said he felt the lake associations were generally positive about the proposal. II. WATER PROGRAM UPDATES Ellis provided several water-related updates. City Council Workshop Minutes February 17, 2015 Page 3 No-Wake Ordinance Staff is recommending that the City Council adopt an ordinance that triggers no-wake restrictions when water levels reach a certain point in Bryant, Riley and Staring Lakes. This would allow the City to implement a no-wake order without first getting State approval, as was the case during the heavy storms of last summer. Staff plans to hold a public hearing on the proposed ordinance on March 3, and the ordinance will then be sent to the DNR for review. Upon DNR approval, the City Council can formally adopt the ordinance. Stormwater Permit Update The MPCA issued a new stormwater permit to the City effective 2013 to 2018. The permit includes new requirements, a number of which are due by April 2015. Some of the new requirements are: • Post-Construction Stormwater Management Program • Source Water Protection Area Plan • Illicit Discharge Detection and Response Plan • Priority Area Identification • Emergency Response Program • High Priority Education Topic Identification • Facilities Inventory Ellis said staff will be bringing these items before the Planning Commission on March 23. The first reading will take place at the April 21 Council Meeting, and the second reading will be on May 19. Local Water Management Plan Update The City's Local Water Management Plan must be updated in response to our new stormwater permit and also due to the Riley-Purgatory-Bluff Creek Watershed District's update. The City will hold an open house on the draft plan, which will be also be presented to the Conservation Commission for input. The plan will also be posted as a topic on City Connect. The draft plan will be submitted to the Metropolitan Council and the City's watershed districts for comment and approval. Staff plans to present the plan to the City Council for adoption later in the fall. Any resulting ordinance changes would be made after the final plan is adopted. Open Podium - Council Chamber III. OPEN PODIUM A. POINT OF SALE ORDINANCE 1. DONNA AZARIAN Azarian asked why the City Council feels the City needs a point of sale ordinance. She said prospective home buyers have the option of having a private inspection completed, and the State has strict codes. She asked if the City will have to hire an inspector if the ordinance is passed. She asked what interest would be achieved with the ordinance. She said many safeguards already exist that protect both buyers and sellers of homes. She City Council Workshop Minutes February 17, 2015 Page 4 said this type of legislation should be addressed by the state legislature. She said the City should leave residents alone and stay out of their homes. 2. ROXANN JOHNSON Johnson said the proposed ordinance makes her feel like she can't be trusted to buy or sell her own home. She said a realtor disclosure already has to be signed when a home is sold, and buyers can get their own inspections. She asked how the ordinance would affect entrepreneurs who purchase homes with the intent of upgrading them for resale. She also asked how the ordinance would affect townhome owners. She said she feels like government is intruding on individuals' lives at all levels. She said the government needs to trust people to keep up their own homes. 3. HOWARD PEARLMAN Pearlman asked how the proposed ordinance will protect the City. He also asked what is more important than individual property rights. He said every impediment to the sale of a property reduces the value of the property, especially when the state already requires disclosures. 4. JEFFREY SIMON Simon said he has lived in Eden Prairie since 1999. He opposes the proposed point of sale ordinance because he believes it falls into the category of government overreach. He fears the ordinance would have unintended consequences. He asked whether or not a property owner would have to bring their home up to code if they did not end up selling it. 5. BRIAN WEISSNER He said this is the first time realtors have heard about the proposed ordinance. They have not been brought into the process. He said there are other ways to solve the issues. He feels the City has avoided having open discussion. He said cities that have these types of ordinances are different from Eden Prairie demographically, and Eden Prairie does not need such an ordinance. 6. NANCY GALLMAN She said she takes the proposed ordinance as an insult. She said everyone she knows in Eden Prairie takes pride in their home. She cannot understand why the City feels it needs to do this. She said there are not a lot of homes that are run down. 7. ELISSA SIMON Simon said the proposed ordinance is disrespectful. She said people in Eden Prairie can be trusted to take charge of the sale of their own homes. IV. ADJOURNMENT