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October 5, 1992
CALL TO ORDER 1. 2. 3. ® 6. 7. 8. 9. REGULAR COUNCIL MEETING AGENDA Monday, October 5, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Consultant Agreement With Boatman, Kroos, Pfister and Associates Consider Approval of Legal Services and Escrow Agreement For Wilds Project Consider Approval of Release of Easement Within Costello's Addition Present Certificate of Anderson Appreciation to Tony Consider Rezoning Application For Westbury Ponds Consider Approval of Fire Equipment Bids Consider Committee Appointments Consider O'Mally's On Main Grand Opening Request Other Business: a) b) c) Discuss Ideas For Workshop Agenda Set for October 12, 1992 Discuss Plans for city Manager Search Process Conduct Closed Session on Pending Litigation *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrrY EMPLOYER CALL TO ORDER 1. 2. 3. e REGULAR COUNCIL MEETING AGENDA REPORT Monday, October 5, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) c) Consider Approval of Consultant Agreement With Boatman, Kroos, Pfister and Associates - On September 21, 1992 the City Council acted to retain the firm of Boatman, Kroos, Pfister and Associates to conduct the Space and Supplemental Staffing Needs Analysis. The purpose of this agenda item is to formalize the Consultant Agreement between Boarman and the City of Prior Lake. Attached is a draft copy of an agreement prepared by the Consultant and reviewed by City staff and City legal counsel. Motion as part of the consent agenda to formalize the Consultant Agreement between Boarman, Kroos, Pfister and Associates and the City of Prior Lake is in order. A revised draft will be forwarded to you under separate cover. Consider Approval of Legal Services and Escrow A~reement For The Wilds Project - City staff will mail these agreements under separate cover. d) Consider Approval of Release of Easement Within Costello's Addition - see attached staff report. Present Certificate of Appreciation to Tony Anderson - Tony Anderson has been a member of the Prior Lake Parks Advisory Committee since its' creation. As a member, Tony has provided stability to the PAC with his attendance and input. Tony has resigned from the PAC due to time constraints with his new position as Vice Commander of VFW Post 6208. The meetings are held on the same evening. A big thank you and a Certificate of Appreciati6n to Tony for his time spent on the PAC is in order. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER il' MINUTES OF THE CITY COUNCIL September 21, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, September 21, 1992 at 8:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, *~edrowski, *Scott, White, .City Manager Unmacht, Public Works Director Anderson, Planning Dlreotor Graser, Parks & Recreation Director Mangan, and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the September reviewed by Council. 8, 1992 Council meeting were MOTION MADE BY FITZGERALD, SECONDED BY WHITE, MINUTES AS SUBMITTED. TO APPROVE THE Upon a vote taken, ayes by Andren, motion carried. Fitzgerald, and White, the The next order of business was approval of the Consent Agenda as follows: a) b) c) d) e) f) g) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Permit Report Consider Approval of Fire and Rescue Report Consider Approval of Treasurer's Report Consider Approval of Sewer & Water Connection Deadline Extensions For Kent Gilder, Robert Komorouski and Robert Scheeler Consider Approval of Agreement with Advance Resources, Inc. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, CONSENT AGENDA ITEMS (a) thru (g). TO APPROVE THE Upon a vote taken, ayes by Andren, motion carried. Fitzgerald, and White, the *Councilmembers Kedrowski and Scott arrived at 8:43 p.m. due the fact they were completing their service at the Info/Expo. to 4620 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council September 21, 1992 Planner Graser discussed the relationship between the Zoning and Comprehensive Plan as it relates to The Wilds EAW. Discussion occurred on the amended policy of the Comprehensive Plan, the Water Resources Management~"pl~ah~the Rural Service Area Policy Amendment and other issues related to The Wilds development. City Manager Unmacht stated the full Metropolitgn Council meet%ng will be held on Thursday, September 24 at which t~me they will formalize their EAW comments. The Prior Lake City Council has at least three working days after the comments have been made to act upon the EAW and ten days after the submittal of the textual Comprehensive Plan Amendment to act. Therefore, Unmacht recommended that the Council hold a special meeting on ~ednesday, September 30 to consider an EAW declaration and to receive staff and legal counsel's reactions to all of the findings of the various agencies involved and to act on a grading permit at that meeting. Further discussion occurred on the Water Resource Management Plan and the Rural Serwice Area Policy Amendment. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ADOPT THE COMPREHENSIVE PLAN AMENDMENT FOR THE WATER RESOURCE MANAGEMENT PLAN AS PRESENTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ADOPT THE COMPREHENSIVE PLAN AMENDMENT FOR THE RURAL SERVICE AREA POLICY AMENDMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE DATE OF WEDNESDAY, SEPTEMBER 30 AT 5:00 P.M. TO HOLD A SPECIAL MEETING TO ACT ON ISSUES WITH RESPECT TO "THE WILDS" PROPOSED GOLF COURSE. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Consider the 1993-1997 Capital Improvement Program. City Manager Unmacht summarized the process to date. Resident Ron Rasmussen, 6883 Hillcrest Avenue, addressed the Council regarding concerns they have regarding the Ponds Athletic Park which includes water run off, dust, un-mowed areas, gravel runoff from the road onto their lawns and theft of articles by persons using the park. Other residents were in the audience and supported Mr. Rasmussen's s~atements. . The gr?up urge~ the Council to make the Ponds Athletic Park a high priority within the CIP. Discussion occurred regarding paving of the road and parking lot, the use of a security gate at the entrance, water run off and other issues. Council concurred that staff should evaluate and make comments regarding a possible short term solution until funds permitted more extensiv9 improvements. The Council thanked the residents for voicing their concerns. Minutes of the Prior Lake City Council September 21, 1992 MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 92-32 REJECTING ALL BIDS RECEIVED FOR HOLLY CIRCLE IMPOUNDMENT STRUCTURE. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, thc motion passed unanimously. Scott The next order of business was: Consider Recommendation from Planning Commission Interview Committee. City Manager Unmacht discussed the process used by the Interview Committee in coming up with a recommendation to fill one vacancy from a list of ten candidates. The Committee consisted of Mayor Andren, Councilmember Kedrowski and City Manager Unmacht and their recommendation was to a~point Allen Greenfield to the Planning Commission. A short discussion occurred regarding the position. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPOINT ALLEN GREENFIELD TO THE PLANNING COMMISSION WITH HIS TERM BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1994. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Topics discussed under Other Business were as follows: -- City Manager Unmacht announced that the Centennial Plaza dedication is tentatively scheduled for October 24, 1992 at City Hall. Mayor Andren noted that she had received a letter City.of Burnsville inviting city officials to meeting to be held on October 1 at Burnsville City 7:00 p.m. to discuss the 1-35W construction. from the attend a Hall at -- Discussion occurred on the additional used car lot located in the downtown area and standards for this type of business. The next Council meeting will be Monday, October 1, 1992 at p.m. There being no further business, the meeting adjourned at a.m. by general consent of the Council. 7:30 Recording Secretary 12:35 5 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. OCT. 6, 1992 MISC. DEPTS. AAA Office Products Tierney Brothers Inc. MN Cellular One R & R Carpet Service Amoco Oil Co. Northern States Power Co. Office Supplies office Supplies Telephone Service Bldg. Maintenance Vehicle Maintenance Utilities 41.53 293.94 572.35 121.42 44.79 8,755.69 GENERAL GOVERNMENT Interim Personnel Services Prior Lake American MN Taxpayer's Assn. Laurie Davis Scott County Auditor Scott Joint Prosecution Natural Settings by Cynthia APA Planners Bookstore Horst Graser CompuAdd Modern Computer Systems R & O Elevator Bob's Personal Coffee Service Sam Bloom Iron & Metal Co. Floyd Total Security ESI Communications Burnsville Comm. Cleaning Temporary Help Subscripton Publication Mileage Professional Services Attorney Fees Printed Supplies Printed Supplies Meeting Expense Computer Supplies Hardware Maint. Contract Maintenance Contract Coffee Service Building Maintenance Building Maintenance Equipment Repair Janitorial Service 350.40 15.00 2.36 32.20 489.98 14,666.40 150.17 271.40 19.15 212.99 202.00 104.92 150.80 75.66 6.82 63.59 1,171.50 PUBLIC SAFETY Prior Prints Government Training Service Cragun's Resort Labor Relations Associates Precision Business Systems Treadway Graphics Chris Olson Printed Supplies Conference Fee Conference Fee Professional Service Equipment Maint. DARE Supplies Education Reimb. 29.82 160.00 69.23 81.00 130.00 465.94 677.50 FIRE & SAFETY Emergency Medical Products National Imprint Corp. Medical Supplies Public Info. Supplies 145.33 111.37 BUILDING INSPECTION Rodger Olson S & W Permit Reimb. 35.50 PUBLIC WORKS Mail Stop Menards Northern Hydraulics Shiely Co. Edward Kraemer & Sons Earl F. Anderson Pump & Meter Service Prior Lake Rental Minnegasco PARK AND RECREATION Brenda Lein Mary Quinn Lora Lee Lutz Art Stone Co. Fina Costumes Prchal Candy Co. Old Country Buffet Old Log Theater Lisa Conlin Diane Wikstrom Priordale Mall General Office Products North Star Turf Metro South Lindsay ECONOMIC DEVELOPMENT William Packer Inv. WATER UTILITY Department of Revenue Water Pro MVTL Laboratories Feed-Rite Control SEWER UTILITY PARK DEDICATION FUND Menards Jackson Landscape Supplies Minnesota Playground Inc. Operating Supplies Operating Supplies Shop Supplies Sand & Gravel Sand & Gravel Street Maint. Supplies Repair Serv. & Supplies Rentals Utilities Park Program Refund Park Program Refund Park Program Refund Dance Supplies Dance Supplies Supplies Park Program Park Program Park Program Instructor Park Program Instructor Studio Rental Operating Supplies Maintenance Supplies Building Maintenance Professional Services Water Connection Fee Freight Charge Water Analysis Chemicals Supplies Franklin Trails Playground Equipment 18.65 32.58 28.72 122.33 52.11 369.77 1,185.68 10.22 5.74 32.00 44.50 27.00 813.09 341.09 20.35 334.53 567.00 416.00 482.50 1,545.98 33.55 212.15 185.00 393.53 4,802.00 4.19 35.00 2,582.05 63.24 181.34 8,878.20 T H E A SI E R 1 C ^ N I N U T E O F ^ R C H I T E C Tc S T I T AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS 13,1PORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 3,IODIFICATION. AGREEMENT made as of the Twenty-Second Nineteen Hundred and Ninety-Two day of September BETWEEN the Owner: (Name a.d address) City of Prior Lake 4629 Dakota St SE Prior Lake, MN 55372 in the year of and the Architect: (Natne and address) Boarman Kroos Pfister & Associates, Inc. 222 N Second St Minneapolis, MN 55401 For the following Project: (Include detailed description of project, location, address and scope.) SPACE AND SUPPLEMENTAL' SI%r~FFIN~S ANALYSIS: -Administrative Offices -Community Heeting Rooms -Police Department -Fire Department -Council Chambers -Maintenance Facility -Parks Maintenance Facility -Library The Owner and the Architect agree as set forth below. Copyright 1972, 19,9. ©1988 by The American Institute of Architects, 1735 New York Avenue. N.~:. Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT I~rzi · OWNER-ARCHITECT AGREEMENT · 1988 EDITION · AIA® · ©!988 · THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000~ WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B727-1988 I ARTICLE 1 ARCHITECT'S SERVICES (Here li~t those services to be pro,.iEeE by the ,4rcbltect under tbe Tern~ and ¢ondition$ Of this Agreement. ,VOte under each serrate listed the n~etbod and rnean~ Of cornpen,gat~on to be u,ted. ~f applicaabl~ as provided in Article 8) Space and Supplemental Staffing Needs STUDY WORKSCOPE A. Existing Facility Documentation B. Needs Assessment Analysis 1. Departmental Questionnaires/Interviews 2. Document Flow Analysis 3. Space Standards 4. Traffic and Parking C. Schematic Options *Site Plan Options *Block Plan Options D. Cost Impacts E. Final Report F. Meetings AIA DOCUMENT B727 '* OWNER-ARCHITECT AGREEMENT · 1988 EDITION * AIA' ' q~)1988 + THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEB' YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B727-1988 8.3 The Owner and Architect, respecuvely, binci themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the pa. rtncrs, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without thc written con~cnt of thc other. 6.4 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes nil prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 6.5 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of action in ~vor of a third party against either the Owner or ArchiteCt. 6.6 Unless otherwise provided in this Agreement, the Archi- t¢ct and Architect's consultants shall have no responsibility for thc discovery, presence, handling, remov~ or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinatcd biphcnyl (PCB) or other toxic substances. ARTICt. E 7 PAYMENTS TO THE ARCHITECT 7.1 ' DIRECT PERSONNEL EXPENSE 7.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on thc Project and thc portion of the cost of their mandatory and customary con- uibutions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. 7.2 REIMBURS/yBLE EXPENSES See 9.1 7.2.1 Reimbursable E. xpenses arc in addition to thc Architect's compensation and include expenses incurred by the Archi- tect and :Lrchitcct's employees and consultants in the interest of the Proiect for: .1 ~-xpertse of u'ax~portat.ion and living e. xpen.ses m con- nection with out-of-town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities hay. lng jurisdiction over the Project; .4 reproductions; .S postage and handling of documents; .8 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; and .9 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES 7.3.1 Payments on account of the .~'chitect'$ services and for Reimbursable ~xpensea shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.3.:~ An initial payment as Set forth in Paragraph 8.1 is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Recorcls of Reimbursable Expenses and expenses per- mining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF Zero Dollars ($0.00) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. $.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed a~ follows: {'!~ t~i~ of compensation, including stipulated sum.g multiples or percentages, and identify tl~ services to which particular met~ Of compensation apply, · he architect will be compensated on an hourly basis not to e~xeeed $16,000.00 including reimbursement expenses. Additional workscope and compensation to be completed only at authorization of the City. Hourly Rates Principal - $80/100 Interior Designer - $36/54 Project Manager - $60 Mechanical Engineer - $70 Architect- $48/54 Electrical Engineer- $60 Construction Manager - $65 4 B727-1988 AIA DOCUMENT 572T * OWNER-ARCHITECT AGREEMENT * 1988 EDITION * AIAe * ©1988 * THE AMERICAN INST1TUTi[ OF ARCHITECTS. 17.1,5 NEW YORK AV£NU£. N.~0'., W.~HINGTON. D.C. 20006 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3 (d) VERLYN RAAEN, ENGINEERING TECHNICIAN CONSIDER APPROVAL OF RELEASE OF WITHIN COSTELLO'S ADDITION OCTOBER 5, 1992 EASEMENT INTRODUCTION: BACKGROUND: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Due to the need to provide water service to a home being constructed on a parcel of land created by a recent administrative subdivision on Memorial Trail, a release of easement is necessary. The purpose of this agenda item is to approve the release of easement. The easement to be released is a 20' wide sanitary sewer easement recorded on August 7, 1959 at about the time that the sewermain was constructed through Costello's Addition. Recent surveys show that the easement does not fit the sewermain. Tony Thelen owns the property over which the easement lies. He has agreed to sign an easement in the correct location if the city releases the existing 20' easement. This new easement will be for sanitary sewer and water purposes to allow the home under construction to cross this area to connect to City water in Memorial Trail. Tony Thelen has agreed to the details of the new easement. If this release and signing of a new easement does not take place, the owner of the home under construction does have a less desirable alternative of following the north boulevard of Memorial Trail westerly to connect to City water in Jordan Avenue. The release and signing of an easement benefits everyone concerned. Recommendation by Staff is to release the existing easement. Approval by the Mayor and Council authorizing the Mayor and City Manager to enter into the attached "RELEASE OF EASEMENT" INDENTURE. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RELEASE OF EASEMENT THIS INDENTURE made this __ day of , 19 , by and between AnthohY Thelen and Barbara Thelen , husban-~ and wife, of the County of Scott, State of Minnesota, parties of the first part, and the City of Prior Lake, a municipal corporation, party of the second part; WHEREAS, the parties of the first part are the owners of the following described land in the City of Prior Lake, County of Scott, State of Minnesota, to wit: The North 172 feet of the East 88 1/2 feet of Lot 2, Block 1, Costello's Addition to Prior Lake, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds of Scott County, Minnesota, and the West 10 feet of the North 172 feet of Lot 1, Block 1, Costello's Addition to Prior Lake, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds of Scott County, Minnesota. and WHEREAS, the party of the second part is the grantee of certain easements located on a portion of the above described land located in the City of Prior Lake, County of Scott, State of Minnesota described on Exhibit "A" attached hereto and made a part thereof; and WHEREAS, under an Easement Agreement dated July 31, 1959 made between William P. Lannon, a single person, the owner at that time of said lands, and the party of the second part, and recorded on August 7, 1959 in the Scott County Recorder's Office in Book 145, Pages 483 and 484, the party of the second part was granted easements for public utility purposes as described on Exhibit "A" attached hereto; and WHEREAS, the parties of the first part have granted the party of the second part certain easements to replace the easements described herein and therefore desire the release, cancellation and annulment of said easements described herein; NOW, THEREFORE, in consideration of the sum of One Dollar paid by the party of the second part to the parties of the first part, and the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt whereof is hereby acknowledged, the party of the second part hereby release, quit claims and abandons unto said parties of the first part the easement described on Exhibit "A" attached hereto. IN TESTIMONY WHEREOF, the party of the second part has hereunto set its hand the day and year first above written. CITY OF PRIOR LAKE By: Its Mayor By: Its City Manager EXHIBIT "A" DESCRIPTION OF EASEMENT yin~ within the boundaries of a strip of land twenty (20) feet n width, the center line of which is described as follows: beginning at a point on the Westerly line of Lot Two (2), Block One (1), Costello's Addition to Prior Lake, Minnesota. One Hundred Fifty (150) feet South of the Northwest corner of said lot, thence in an Easterly direction parallel to the North line of said lot and parallel to the North line of Lot One (1), to a point 10 feet East of the Easterly line of Lot Two (2). STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) On this day of , 19 , before me, a Notary Public within and for said County, persona--~ly appeared Lydia Andren and David J. Unmacht, respectively the Mayor and the City Manager of the City of Prior Lake, to me known to be the persons described in and executed the foregoing instrument and acknowledged that they executed the same as their free act and deed on behalf of the City of Prior Lake. Notary Public This Instrument Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1100 TCF Tower Minneapolis, Minnesota 55402 ~"~i [24] L.OC:A'I'ION MAP - THELEN C.R. 42 [26] [2Sl poi [19] [311 ® ® [21 [II1 SITE OF E RELEASE [12] PARKS. RECREA'I~O~ AREAS FISH ~INT PARK SE O- 9 GREEN OAKS PARK SE Q- 8 HERITAGE PARK SE K-12 ~WER ~BLIC ACCESS NE O* 6 UPPER ~BLIC ACCESS SW H-15 THELEN EASEMENT (CO. RD. 44 ) 160TH STREET O JZ5 SANITARY s-EWr=R HOUSE ,,o THELEN PARCEL / :' ESMT TO BE AQUIRED ~ CONSTRUCTION , ~,I""?~ ?'---;'-- ' MEMORIAL TRAIL EXISTING ESMT TO BE ~ RELEASED '1.~, ,%, ESO "RZ02Cl" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER REZONING APPLICATION FOR PONDS OCTOBER 5, 1992 WESTBURY BACKGROUND: DISCUSSION: COMPREHENSIVE PLAN IMPACT: The City Council approved a comprehensive plan amendment for Jim Allen of Allen Homes on September 8, 1992. The amendment was to change the land use designation of the "Sim~kins Farm," from Medium Density to Low Density Residential. The Council also considered rezoning the parcel from R-3, Multiple Residential and B-3, General Business to R-i, Urban Residential. At the hearing, staff noted that the schematic development plan identified residential lots in a vicinity of the plat designated as C-i, Conservation District. It is the intent of the developer to utilize a 150' x 550' foot strip of land currently designated C-i, as future single family lots. Staff was directed by the Council to schedule a public hearing to specifically consider the rezoning of the C-1 strip of land to R-i, Urban Residential. The Planning Commission is scheduled to hold the public hearing to consider the rezoning of part of the C-i, Conservation District on October 1, 1992. The result of that hearing will be presented to the City Council on October 5, 1992. The Comprehensive Plan amendment for Westbury Ponds has been written and submitted to the Metropolitan Council. Staff was advised that the amendment would likely be reviewed as a minor plan amendment, which will req~.ire up to a sixty day Metropolitan Council review. The rezoning application may be acted upon by the City Council however, approval of a zone change must be made contingent upon Metropolitan Council authorization to change the Comprehensive Plan to Low Density ResidentIal Land Use. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: Approve Ordinance 92-11 attached subject to Metropolitan Council approval of the Comprehensive Plan Amendment. (Ordinance 92-11 will amend the City Zoning Map to change the existing B-3, R-3 and C-1 zones to R-1.) Table the rezoning application for further research or other specific reasons. Deny the rezoning based upon specific reasons. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion to approve Resolution 92-11 to Metropolitan Council approval Comprehensive Land Use amendment. subject of the \ NOTICE OF PUBLIC HEARING FOR REZONING You are hereby notified that a public hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Thursday, October 1, 1992 at 7:30 p.m., to consider an application by Jim Allen of Allen Homes, to rezone the following legally described property. The proposal is to rezone approximately 1.88 acres of land from C-1 Conservation District to R-i, Single Family Urban Residential. LEGAL DESCRIPTION OF AREA OF C-1 TO BE REZONED TO R-l: That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 150.78 feet; thence northerly parallel with said west line a distance of 550.00 feet; thence westerly to a point on said west line distant 535.02 feet northerly of the point of beginning; thence southerly along said west line a distance of 535.02 feet to the point of beginning. (Containing 1.88 acres) Or more commonly described as a 150 x 550 foot stri~ of land located adjacent and contiguous to the west property line of Five Hawks Elementary School and north of S.T.H. 13. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447-4230. Deborah Ann Garross Assistant City Planner City of Prior Lake To be published in the Prior Lake American on Monday September 21 and 28, 1992. DATE MAIT.~: September 24, 1992 4629 Dakota St S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPO~ EJ~PEDYER CITY OF PRIOR LAKE ORDINANCE NO. 92-11 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ORDINANCE NO. 83-6. ZONING The Council of the City of Prior Lake does hereby ordain: The Prior Lake Zoning Map, referred to in prior Lake City Code Section 5-2-1 and the Prior Lake Zoning Ordinance Section 2.1, is hereby amended to change the zoning classification of the following legally described property from B-3, General Business to R-i, Urban Residential. LEGAL DESCRIPTION OF AREA TO BE REZONED B-3 TO R-l: That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 950.78 feet more or less to the west line of the east 366.00 feet of said West Half of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the northerly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. (Containing 16.34 acres). The Prior Lake Zoning. Map referred to in Prior Lake City Code Section 5-2-1 and the prior Lake Zoning Ordinance Section 2.1, is hereby amended to change the zoning classification of the following legally described property from R-3, Multiple Residential to R-i, Urban Residential. LEGAL DESCRIPTION OF AREA OF R-3 TO BE REZONED TO R-l: That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, in said Section 3, described as follows: Beginning at a point on the east line of said Southeast Quarter of the Southeast Quarter distant 990.50 feet northerly of the southwest corner; thence northerly along said east line a distance of 535.02 feet; thence westerly to the angel point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH ADDITION, Scott County, Minnesota; thence southerly, westerly and southerly along the east line of said WILLOWS SIXTH ADDITION to its intersection with the north line of the south 390.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence easterly along said north line to the east line of the west 820.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. (Containing 28.06 acres). DESCRIPTION OF AREA OF C-1 TO BE REZONED TO R-i: That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 150.78 feet; thence northerly parallel with said west line a distance of 550.00 feet; thence westerly to a point on said west line distant 535.02 feet northerly of the point of beginning; thence southerly along said west line a distance of 535.02 feet to the point of beginning. (Containing 1.88 acres) This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of October, 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the 12th day of October, 1992. Drafted By: Deborah Ann Garross Assistant City Planner City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 bidders from consideration since most fire trucks are custom built. However, the result of a single bid makes it difficult to determine if the bid constitutes a responsible and competitive bid. Because of this concern, Staff contacted the City of Eden Prairie which was listed in their brochure advertising that was attached with their proposal. It was interesting to find that in 1989 Eden Prairie also bid a rescue unit and only Custom Apparatus responded with a bid. The City awarded them the bid in the amount of $186,000.00. While this represents an amount $32,542.00 more than what we are paying for our unit, the actual difference only equates to a 4% annual increase over a period of four y~ars since we are not taking delivery until mid 1993. city .Fire Department officials initially anticipated the aggregate cost to come in somewhere around $475,000.00 after researching the costs and therefore consider the bid to be valid and reasonable. ALTERNATIVES: 1. Accept the bid of Custom Fire Apparatus, Inc. as submitted. 2. Reject the bid and re-advertise with the ob]ective of soliciting additional bidders. RECOMMENDATION: The lead time for delivery is approximately 300 calende~ ~ays: Due to the voluminous size of the specifIcations, a considerable amount of time would be necessary to modify the existing document with no guarantees of achieving a lower bid. However, if the bid ~rocess were to be delayed for another 60 days it is conceivable that the production of the trucks could crossover into two fiscal years. Such an occurrence may result in another inflationary a~justment on equipment that is already expensive. Due to the uncertainty of fire truck cost increases and relative cost comparability to Eden Prairie, Staff could support a Council purchase award of both fire trucks to Custom Fire Apparatus, Inc. Otherwise the Council may wish to discuss the options of accepting the sole bid given the facts or re-advertise to determine if additional competitive bids may be available. ACTION REQUIRED: Motion to approve the bid of $462,556.00 to Custom Fire Apparatus, Inc. for the purchase of a heavy duty rescue squad and a 1500 GPM fire truck pumper may be in order. AGENDA ITEM: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 7 DAVID UNMACHT, CITY MANAGER CONSIDER COMMITTEE APPOINTMENTS OCTOBER 5, 1992 The purpose of this item is for the City Council to make reappointments to the respective committees for positions which have expired from June through September, 1992. The reappointments did not occur during the effective time period due to discussion and deliberation over term limit policies. Terms were extended through September by Council action on July 6 in order to provide the Council an opportunity to decide on a Term Limit Policy. On Tuesday, September 8, the City Council adopted a Term Limit Policy. On Friday, September 25, letters went out to members of the committees and Councilmembers with a copy of the adopted Term Limit Policy. Enclosed is information relevant to your discussion and action for the meeting. The discussion is recommended based on the respective committees: to be segmented commission and Planning Commission: Only one position is up for consideration. Dave Wuellner is eligible for a two year term beginning October 1, 1992 and running through September 30, 1994. This will be Wuellner's first complete term. The previous six months Wuellner has served was a result of fulfilling a term vacated by Councilmember Tom Kedrowski. Economic Development Committee: The following members of the Economic Development Committee have terms up for consideration: Bob Barsness, Jim Hill, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ! Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY ENIPLOYER Rachel Van Den Boom, Ray Lemley, William Packer and Jere Phillips. In order to address the appointments to the EDC, the Council should refer to the adopted Term Limit Policy. Based on the policy, the Council has the option to reappoint Jere Phillips,Bill Packer, Ray Lemley and Rachel Van Den Boom to a two year term on the EDC beginning July 1, 1992 and terminating July 30, 1994. In addition, the terms of Bob Barsness and Jim Hill are recommended to be reappointed to a two and one year term respectively. City staff is working with Bob and Jim to decide upon the new term lengths. The Planning Commission Interview Committee recommends the appointment Bob Underferth to fill a vacancy for a term beginning October 1. 1992 and terminating September 30¢ 1994. Attached is a resume and application for Bob Underferth. The Planning Commission Interview Committee when considering a recommendation to the City Council noted that one individual, William Packer is currently serving on two committees. Discussion occurred with Mr. Packer on this specific issue. Based on specific reasons, Mr. Packer indicated that he wished to stay on both committees. The Planning C?mmlssion Interview Committee is requesting that City staff place this issue on the agenda for discussion during the reappointment process. Lake Advisory Committee: One position is up for consideration on the LAC. The Council has the option reappoint Dave Moran to a two year term on the Lake Advisory Committee effective October 1, 1992 through September 30, 1994. Parks Advisory Committee In accordance with the Parks Advisory Committee bylaws, the PAC will function as an advisory committee to the City Council for a period not to exceed four years, with all appointments terminating on July 1, %993. Therefore, the Council has the option to reappoint six members of the Parks Advisory Committee to a one year term effective October, 1992 to June 30, 1993. The Parks Advisory Committee, City staff and the City Council certainly will discuss the future of the Committee prior to the termination of the Committee in June of 1993. In addition, please note that at least one vacancy exists on the Committee with the resignation of Tony Anderson. Direction should be provided to City staff to determine whether City Council wants to fill that vacancy. RECOMMENDATION: Staff recommends the City Council discuss each Committee position and take action to make the appointments. ACTION REQUIRED: Motion making the reappointments by City Council is in order. 3 P TERM LIMIT POLICY FOR APPOINTED COMMISSIONERS AND COMMITTEE MEMBERS The City of Prior Lake has volunteer opportunities available for members of the ?om~.unity interested in serving on various committees and commissions. As of the adoption of this Policy, the City of Prior Lake has the following appointed bodies: Planning Commission, Economic Development Committee, Parks Advisory Committee and Lake Advisory Committee. Each respective body operates under Council direction and Council approved bylaws and procedures. The only statutorily authorized entity is the Planning Commission. The other committees have been created by the Council to further public policy goals of the community. For detailed information including the charge of each respective body, please refer to the Bylaws Manual. It is the policy of the Prior Lake city Council to impose a three term (or 6 year service) limitation for all appointed positions within the committees and commission. Time served by individual(s) who are completing the service of a term vacated by a resigning member does not count toward the three term limitation. The rationale behind the term limit polic~ is to encourage as much participation as possible from a wide variety of community members. The policy does not represent a judgment on a position or performance of existing members. It %mportgnt to develop and obtain new perspectives on matters of business in the community of Prior Lake. It is also critical to open and responsive government to provide all members of the community equal opportunity to participate in decisions affecting them on a local level. Members completing.a term on a committee or commission may be eligible for service and participation on another volunteer body ~rovided that they apply for the position like all other ~nterested individuals. This term limit policy shall be effective for terms beginning July 1, 1992. Approved by: City Council Date: September 8, 1992 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPI:'ORTUN]TY F_~PLOYER PLANNING COMMISSION CURRENT TERM ELIGIBLE FULL TERMS DATE EXPIRATION TERM SERVED APPOINTED: DATE: LIMIT: TO DATE: Chuck Arnold Dave Roseth Tom Loftus Dave Wuellner * Allen Greenfield 6/79 6/93 6/94 6 7/80 6/93 6/95 5 6/83 6/93 6/96 4 1/92 6/92 9/98 0 9/92 - 9/98 0 Note: For individuals who have served more than three and are in the middle of a current term, the Council adopted a pol%cy of staggering expiration of terms based on seniority. terms City dates * Completed term of Tom Kedrowski. First full term will start October, 1992. If anyone has a question with regard to the above, contact City Manager Unmacht. please "APPT2" ECONOMIC DEVELOPMENT COMMITTEE DATE APPOINTED CURRENT TERM EXPIRATION DATE: ELIGIBLE TERM LIMIT: SERVED TO DATE: Bob Barsness Jim Hill Rachel VanDenBoom Dar Fosse Ray Lemley William Packer Jere Philips (ex-officio) 7/83 7/83 2/86 12/89 10/90 10/90 Jeanne Robbins 4/91 Nat Wisser 2/90 Dean Sutliff 2/92 7/92 7/92 7/92 7/93 7/92 7/92 7/~B~/94* 4 7/93/~* A/O~t 7/95 3 7/95 1 7/96 1 i 7/96 i 7/93 7/97 0 7/93 7/98 1 7/94 7/97 0 Note: For individuals who have served more than three and are in the middle of a current term, the Council adopted a policy of staggering expiration of terms based on seniority. * Eligible term limit year to be decided. If anyone has a question with regard contact City Manager Unmacht. terms City dates the above, please "APPT2" LAKE ADV I S ORY COMMITTEE CURRENT TERM ELIGIBLE FULL TERMS DATE EXPIRATION TERM SERVED APPOINTED: DATE: LIMIT: TO DATE: Dave Moran Peter Patchin Jody Stroh Tom Watkins Dave Vinlove John Wingard Bill Packer 10/91 10/92 10/96 1 10/91 10/93 10/97 0 10/91 10/93 10/97 0 10/91 10/93 10/97 0 10/91 10/93 10/97 0 10/91 10/94 10/98 0 10/91 10/93 10/98 0 Note: For individuals who have served more than three and are in the middle of a current term, the Council adopted a policy of staggering expiration of terms based on seniority. terms City dates If anyone has a question with regard to the above, please contact City Manager Unmacht. PARKS ADVISORY COMMITTEE ** CURRENT TERM ELIGIBLE DATE EXPIRATION TERM APPOINTED: DATE: * LIMIT: FULL TERMS SERVED TO DATE: Kathe Abrams Doug Berens Ron Ceminsky Patrick Heaney Arthur Schoot Kathy Smith 9/89 9/92 7/93 9/89 9/92 7/93 11/90 9/92 7/93 9/89 9/92 7/93 9/89 9/92 7/93 9/89 9/92 7/93 Note: For individuals who have served more than three and are in the middle of a current term, the Council adopted a policy of staggering expiration of terms based on seniority. terms City dates From the Parks Committee By-Laws,"The Parks Advisory Committee as established will function as an advisory committee to the City Council for a period not to exceed four (4) years, with all appointments terminating on July 1, 1993." ** At least one vacancy exists on the Committee with the recent resignation of Tony Anderson If anyone has a question with regard to the above, contact City Manager Unmacht. please "APPT2" APPLICATION THIS APPLICATION IS TO BE COMPLETED BY INDIVIDUALS INTERESTED IN SERVING ON A VOLUNTEER BOARD OR COM~{ISSION IN THE CITY OF PRIOR LAKE. Name: Robert J. Underferth Address: 14690-Glendale Av. S. E. Phone #: (H) 447-6314 (W) 447-7000 Date: 12/6/91 Please state position being sought: Planinq Co~nission How did you find out about this position? Newspaper Briefly describe your qualifications for the position: SEE ATTACHMENT Briefly describe your interest in this position and how you serve the community: I have serve with the Centennial Committee the Prior Lake Lions club St. Michael's Church and I would like to be part of the grouth and planning can of the City of Prior Lake Briefly describe your educational background: High School graduate Vo-tec graduate business manaqement~ Courses with Shell Oil Co. General MotOrs Inc. and A to Z International Please list any references that we may contact: ,Robert Barsness Father Gilbert Desutter Dave Velishek Fran and Larry Greenfield Rachel Van Den Boom Jack Haagen Bryce Huemoeller Dr. Howard Olson Please attach a resume. Robert J, Underferth Briefly describe your qualifications for the position: In the course of owning my own business for twenty five years, I have delt with representatives of four City governments and people from these Co~unities at all levels. I havebeen an active volunteer in the Prior lake Comunity since choosing to live here some fourteen years ago. I have seen the City grow and feel my management experience would be a great asset to the Planning Commission. Real solutions are possible with co-operation and patience I believe I can help bring about these solutions. Re$cun~ of Robert J. Underferth 14690 - Glendale Ay, $. E. Prior Lake Mn. 55372 (612) 447-6314 1987 to Present Position Duties Prior Lake Rental Center 15233 - Hw7 13 So. Prior Lake Mn. 55372 447-7000 Owner Operator In charge of daily operations Accountin~ Purchasing Personnell and Payroll 1979 to 1986 Position Duties A to Z Rental Center 12721 - Co. Rd. 5 BurnsvilleMn. 55337 890-8990 Owner Operator In charge of daily operations Accounting Purchasing Personnell and Payroll 1965 to 1978 Position Duties Shell Service Center 5556 - Lyndale Av. So. Mpls. Mn. 55419 823-9949 Owner Operator In charge of daily operations Accounting Purchasing Personnell and Payroll #APP$ ~ ANSWER THE FOLLOWING QUESTIONS: Northern Scott County is in a period of growth and change. What growth and change do you anticipate for Prior Lake over the next few years? ~- . - ~ . .~ . - Please share your thoughts on nonresidential development ~ncluding business/office park and other co~ercial related ~evelogmen~. .~ - What is the most important attribute a new volunteer to the Planning Co~ission should bring to their job? ~ _ - ~ ' ~' . . ' ~ ' "THE WILDS" SPECIAL CONDITION GRADING PERMIT NO · 99--3 Perimeter silt fence will be installed and inspected prior to grading individual areas. Areas where silt fences are installed after the grading has been completed will be installed within three (3) working days. Disc anchoring of individual graded areas will be mulched at a rate of 3,500 pounds per acre .within two (2) weeks of completion of grading of each individual area. The type of silt fence utilized for individual areas will be approved by the City Engineer. In some areas, the silt fence will be reinforced with wire mesh as shown in the manual entitled "Protecting Water Quality in Urban Areas." Temporary sedimentation basins may be added in critical areas as required by the City Engineer. The grading permit will be issued in two (2) phases. This permit is for grading as shown in the attached plan dated September 29, 1992. The areas not shown as being graded on this plan will have vegetation protected during grading with the exception of areas with trees to be remove~. The areas with tree removal will also be mulched and disc anchored. A separate grading permit will be issued prior balance of the golf course grading which will permanent turf establishment and water quality ponds. to the address 7. This permit is valid for work completed up to March 1, 1993. new permit will .be required for grading the fairways, nstalling drain tiles, and storm sewer. Turf establishme~% will be a part of the second permit. ~'-~ u- '-' ~ ~I'~3~;~,/~'r 8. NO work will be performe~ in the wetlands until a.. U.S~ Army Corps. of Engineers Permit, and the DNR Permit / is issued. ~,-~ The Wetland .Conservation Act of 1991 also must be in compliance prior to work being done in the wetlands. 9. The security deposit of $40,000.00 will be utilized by the City of Prior Lake to correct deficiencies in. the .grading permit as determined by the City Engineer, including any necessary work in 1993. 10. Issuance of the grading permit is without preliminary plat approval. Golf course changes may be necessary for plat approval. 11. The developer must obtain a Prior Lake/Spring Lake Watershed District permit. THE WILDS GOLF COURSE DEVELOPMENT The City of Prior Lake Findings Regarding Negative Declaration Regarding Preparation of an Environmental Impact Statement (ELS) Based Upon an Environmental Assessment Worksheet (F_AW) Prepared Pursuant to Minnesota Rules Ch. 4410 September 30, 1992 The City of Prior Lake (the City) is the Responsible Governmental Unit (RGU) for preparation of the EAW for The Wilds Golf Course Development. The City Council of the City of Prior Lake hereby makes the following findings with respect to the EAW: Ao The Wilds Golf Course Development (the Project) is a proposed 18~hole public golf course located on 185 acres (the Property) within the city limits of Prior Lake. The Property is part of a larger tract of land of approximately 580 acres (the Land) owned by Prior Lake Development L.P. (the Developer). The Project consists of the public golf course, club house, and maintenance building. The Property is currently undeveloped. The nonwooded portions of the Property are used for agricultural purposes. The topography of the Property is hilly, with steep ravines associated with intermittent creeks, ponds, and wetland areas, on and adjacent to, the Property. There will be one access road into the Project. This road will provide access to the site from County Road 83 (Mystic Lake Road). Construction activities will commence in the fall of 1992 and will include clearing and general site grading. The Wilds Golf Club will open in the fall of 1993. B. The Project is of the type specified in Minnesota Rules pt. 4410.4300, subp. 28(D). Permit status information has been identified as mandated in Minnesota Rules pt. 4410.1200(F). The EAW has been mailed to the Minnesota Environmental Quality Board (EQB) and to all persons and agencies on the official EAW distribution list. The EAW was published in the EQB Monitor on August 3, 1992. The 30-day comment period was scheduled to expire on September 2, 1992, but was extended by the RGU to September 24, 1992, to allow the commenting agencies additional time to review the Project. E. The Project can comply with all applicable local regulations, codes, and ordinances. Fo Current zoning is C-1 (Conservation Distric0, A-1 (Agricultural Distric0 with an S~D (Shoreland Distric0 overlay on portions of the property. G. Comments have been received on the Project from: Prior Lake/Spring Lake Watershed District and the Minnesota Board of Water and Soil Resources (BOWSR) - commented regarding wetland delineation and compliance with the Wetland Act of 1991. The comments of the Watershed District and BOWSR contain the following recommendations: (a) (c) The wetland boundary should be delineated in the field and flagged for the wetland technical evaluation panel (TEP) to evaluate and provide contractors with appropriate guidelines relating to grading and filling plans. RESPONSE: The wetland boundaries have been delineated and evaluated. Contractors will be provided with appropriate guidelines relating to grading and filling plans. The developer should be required to provide specifications for the basins F and G which will be replaced so that estimates of net gains can be achieved. The City and the watershed district should consider requiring shoal areas meeting a 10 to 1 slope for some portions of the newly created basins to provide opportunity to allow the growth of aquatic plants. RESPONSE: The Developer has estimated net wetland gains. Wetlands F and G will be dredged and enlarged to provide a holding lake for a well and pump station. This lake will be used to irrigate the golf course. The enlarging of these wetlands will result in a net gain of 1.57 acres of wetlands. The net gain for all wetlands on the Land is. 17 acres of wetland as shown on the table below: Wetland Letter Existing Filled Replaced Proposed A 78.33 0 0 78.33 B 2.54 0 0 2.54 C 1.29 0 0 1.29 D 0.64 0.64 0 0 E 0.26 0.26 0 0 F 2.67 0 0.13 2.80 G 0.66 0 1.34 2.00 H 8.45 0 0 8.45 I 3.25 0 0 3.25 J 0.73 0 0 0.73 K 2.28 0 0 2.28 Q 21.75 0 0 21.75 R 0.19 0 0 0.19 T 0.40 0.40 0 0 Total 123.44 1.30 1.47 123.61 The grading plans will provide for appropriate slopes within the newly created basins to allow for the growth of aquatic plants. The table of wetland losses and gains should be revised to include the type of wetland as well as the minor wetlands not previously identified. (d) (e) (0 (g) (h) RESPONSE: The table of wetland losses and gains has been revised to include the types of delineated wetlands. Where there are proposals to fill or drain a wetland, the developer should provide a plausible explanation of why the impact can't be avoided and/or minimized. RESPONSE: The Developer has submitted an explanation as to why proposals to fill or drain the wetlands cannot be avoided and/or minimized. In fact, the main objective of the grading plan as well as the golf course design is to avoid the wetland areas. Staff of the U.S. Army Corps of Engineers have visited the site and have agreed that the design incorporates sound planning and best efforts to minimize wetland impacts. It is impossible to avoid all wetlands. Three small wetland areas will be filled because they are located within the corridors of the fairways or tees. The Developer should be encouraged to build detention/sediment basins upstream of existing wetlands wherever possible in order to minimize impact and enhance water quality. RF~PONSE: Construction plans will incorporate detention/sediment basins upstream of existing wetlands wherever possible. The City should make sure that any abandoned wells on the parcel are sealed as a condition of other City approvals. RESPONSE: The City will require the Developer to abandon existing wells pursuant to state requirements for filling and sealing of such wells. The City should assure that existing shoreland regulations are enforced with respect to vegetation removal and erosion control. RESPONSE: The City will enforce existing shoreland regulations and has retained Northwest Associated Consultants, Inc., to prepare appropriate shoreland regulations for the City of Prior Lake. The Developer should develop a specific schedule for grading, filling and implementation of temporary and permanent erosion controls. This should be linked to any permits required by the City and the watershed district. RESPONSE: The Developer has submitted a specific schedule for grading and filling with an application for a grading permit for the Project which includes appropriate erosion control measures. The City has reviewed grading plans consistent with MPCA's Best Management Practices and the National Urban Runoff Standards. (i) The LGU should consider requiring easements to restrict vegetation removal and grade alterations in environmentally sensitive areas such as around Mystic Lake. RESPONSE: The City will review whether or not easements are necessary to restrict vegetation removal and grade alterations in environmentally sensitive areas, such as around Mystic Lake. United States Army Corps of Engineers - provided the following regarding wetland impacts: (a) The eighth green needs to be relocated eastward to the upland Oak Island and the cart path needs to be moved to the west to avoid the wetland. The cart path along the sixth hole will be crossing the existing ravine. No fill is indicated to be used at this site. (c) The cart path east of the seventh tee appears to cross another wetland area and it is not clear how that crossing would be accomplished without the placement of fill material in that wetland. The Corps comment letter also included the following statement: The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers, if no dredged or fill material will be placed in any water of the United States, including wetlands. RESPONSE: Project manager Michael E. Morley responded to the Corps of Engineers in a letter dated September 16, 1992, as follows: (a) The green of No. 8 has been moved to the east on the upland Oak Island on the grading plan. The crossing over the ravine on the sixth hole will be a bridge and not require any fill material. (c) The cart path crossing through the wetlands on No. 7 is approximately 60 feet. This wetland will be crossed by either a suspension bridge or a bridge on pylons. Neither of these will require a permit. 3. Minnesota Department of Natural Resources - provided the following comments: (a) The golf course appears to have been designed to avoid most wetland impacts. Grading and filling appears to be at a minimum given the size of the site. No shoreland or floodplain issues are apparent. (b) A division of waters permit will be required for pumping of groundwater that exceeds 10,000 gallons a day or 1,000,000 gallons a year. A Corps of Engineers permit may also be required for any modification to the wetland. RESPONSE: A division of waters permit will not be required because the 10,000 gallons per day/I,000,000 gallons per year threshold is not exceeded by the Project. A Corps of Engineers permit is not required based upon the response of the Corps of Engineers (see paragraph G.2 above). (c) The EAW fails to mention the quality and value of the 40 acres of forest that will be removed. The proposer should provide information on the type of trees and understory vegetation and removed and the relationship to adjacent cover types. The loss of this 40 acres of habitat will result in a permanent extirpation of some species types from the area. RESPONSE: Project manager Michael E. Morley provided the following response, dated September 15, 1992: The EAW states that 40 acres of trees will be cleared during construction of the golf course. This calculation was before the grading plans were complete. The actual amount of clearing is 28 acres. The total amount of wooded area on the golf course is 70 acres. The types of trees to be removed and to remain consist of boxelder, sugar maples, oaks, elms, and pines. These trees are consistent with not only the natural woods on the property, but also the woods in the surrounding area. The clearing of 28 acres for the golf course will not cause any permanent extirpation of species from the area. (d) It appears this project does not require an environmental impact statement (VAS). Minnesota Historical Society - recommended that a recognizance level survey of the Project area be completed. RESPONSE: Archaeologist Christina Harrison undertook a cultural resource reconnaissance of the Project area. An old field stone foundation was identified and located on a o map that has been submitted to the RGU. The survey did not indicate any significant archaeological evidence. The report stated: A number of areas around the lake (high level terraces with easy water access, i.e. the type of locations that normally have considerable archaeological potential) proved negative in spite of close interval surface inspection of deeply cultivated areas and shovel testing of vegetation covered areas. It is possible that Mystic Lake, because of its small size and relatively isolated location, may have been less attractive to early Native Americans than, for example, nearby Prior Lake. Metropolitan Council of the Twin Cities Area. On August 24, 1992, City staff and Metropolitan Council staff met to discuss the EAW. After extensive discussions of the issues as identified in the Metropolitan Council staff report dated August 17, 1992, the City, as RGU, granted an extension of the EAW deadline to allow the Metropolitan Council additional time for review and comment. The deadline date was set back from September 2, 1992, to September 24, 1992. As a result of these discussions between the City and the Met Council, the August 17, 1992 staff report was revised and updated on September 11, 1992, and again on September 24, 1992. The Metropolitan Council adopted the following recommendations regarding the EAW as set out in the f'mal staff report: (a) Adopt the above findings and the staff report is part of these recommendations. RESPONSE: At the Metropolitan Council's meeting of September 21, 1992, Special Legal Counsel for the City indicated that several of the findings of the staff report were either incorrect or inconsistent. Inform the City of Prior Lake that The Wilds EAW in its present form does not adequately address potential environmental impacts on the 580- acre site in which it is located and upon downstream watersheds. Consequently, the City should either proceed with the preparation of an Environmental Impact Statement (EIS) or address the following before making a negative declaration on the EAW: (i) Expand scope of review to include the entire 580-acre site as well as the cumulative impacts caused by additional uses proposed as later stages of the site development; RESPONSE: The RGU, under the Minnesota Environmental Review Program, must make the determination of whether the Project and any of the future stages may constitute "phased action." In determining if different stages are "phased actions," the RGU must consider whether the potential future stages will affect the same geographic area and are substantially certain to be undertaken sequentially over a limited period of time. (Emphasis added.) The City, as the RGU, considered the following factors in making a determination that the Project and potential future stages do not constitute phased actions: (1) No development rights are being granted for future stages. (2) The project proposer is not seeking approval for future stages from any other governmental unit. (3) Public infrastructure which would serve future stages is not being built now. (4) There is no aspect of the initial stage which represents a commitment to, or which tends to prejudice decisions about future stages. (5) Because of the need for significant governmental approvals for future stages, it is unlikely, if not impossible, that future stages will take place within a limited period of time (see (7) below). (6) The proposer has not constructed other previous stages in the area. (7) Any future stage will include significant governmental approvals from various permitting agencies which may include a major amendment to Prior Lake's Comprehensive Plan, a change in Prior Lake's Metropolitan Urban Service Area 0VIUSA), a separate EAW or ElS, a rezoning of the site and/or amendment of the City's zoning ordinance. Minn. Rules pts. 4410.1000, subp. 4, and 4410.2000, subp. 4, describe what to do if it is not possible to review all stages of phased actions or all components of connected actions because some stages or components cannot be adequately defined at the present time. The rules specify that an EAW or supplemental ElS must precede the approval of each stage or component whose review was deferred at the time of initial review. The Project is a self-contained development. It is economically and environmentally independent of any future stages. It does not require new infrastructure investments. It can and will be developed even if nothing further is developed in future stages. While the developer of the Project has informally discussed conceptual plans for future stages, such stages or components cannot be adequately defined at the present o (ii) (iii) (iv) time. The Project will not impact regional infrastructure or systems. An additional biological survey, focused in the wooded area of the 185.1-acre site, in the spring prior to disturbance, as recommended in the biological reconnaissance survey; (if the City addresses the remaining points and makes a negative declaration, the developer should avoid disturbing the wooded areas when grading the rest of the area this fall); RF_3PONSE: Summit Envirosolutions has prepared and submitted a biological inventory for the Project. The report concluded that threatened or endangered species were not specifically sited and that such species generally require habitats that were not observed on the site. A follow-up survey will be conducted as recommended to identify spring ephemerals which were not visible during the late summer survey. The potential impacts of construction of this proposed project by determining the quality and quantity of runoff by subwatershed both before and after construction. RF~PONSE: Braun Intertec Environmental, Inc. Report dated September 11, 1992 concluded that the total runoff volume from the current use as cropland is over twice the volume from the same area if it is covered with 75 percent sod as proposed by the Project. There are no rivers or streams that drain directly from the site toward either Prior Lake, located approximately 4,000 feet southeast of the site, or the Minnesota River floodplain, located approximately 4,000 feet north of the site. The numerical nutrient budget analysis as discussed in the staff report. RF_SPONSE: The Braun Intertec Environmental, Inc. Report dated September 11, 1992 concluded that the effect on nutrient loadings to the surrounding watershed will be less than the resulting loadings from the existing land use for the following reasons: ° Although the amount of phosphorus added to a gulf course for turf management is appro/imately the same as cropland, the amount of phosphorus leaving the site will be reduced. o There will be a 13-fold decrease in the amount of soil lost with the golf course development as compared with agricultural crop use. This correlates to a reduction in phosphorus loadings because phosphorus binds to soil particles. ° The volume of runoff will decrease significantly, if the site is developed as a golf course. Less water leaving the site will reduce the amount of soil erosion. Minnesota Department of Agriculture - questioned whether the project has been segmented in order to avoid doing an environmental review for the entire project at this time. RESPONSE: The Project has not been segmented to avoid an environmental review for the entire project at this time. As discussed in the response to the Metropolitan Council recommendation in 5(b)(ii) above, the Project is an independent self- contained development which is economically and environmentally feasible without investment in new infrastructure. Future stages have been discussed but are not fully ascertained at this time. Future stages will be adequately and fully reviewed as they are proposed consistent with the Minnesota Environmental Review Program. Minnesota Department of Transportation - recommended that the average daily trips (ADT) for the Project as documented in the EAW should be increased to 400-600 ADT. RESPONSE: The projected trip generation for the Project has been revised to 400 ADT. Minnesota Pollution Control Agency 0VIPCA) - concluded that the Project does not have the potential for adverse environmental impacts and, therefore, the MPCA does not recommend the preparation of an environmental impact statement. MPCA staff provided the following comments with regard to the Project: (a) The actions described to excavate the wetland to form an irrigation pond appear to require a Corps of Engineers 404 permit. RESPONSE: The Corps of Engineers concluded, after visiting the Project site and reviewing the golf course design, that the work proposed is not within the regulatory jurisdiction of the Corps of Engineers. (See paragraph G.2 above.) Co) Item 12 indicates a 0.66-acre wetland will be excavated to a 1.23-acre, 12-foot irrigation pond. A sequenced action to avoid, minimize, and mitigate should be demonstrated by the applicant to have been accomplished in order to concur that the taking and loss of wetlands is the only alternative. o (c) (d) (e) (f) RESPONSE: The Developer has demonstrated that the wetlands impacts are minimal. Of the 123 acres of wetlands on the Land, only 3 acres or approximately 2 percent of the wetland area will be affected. The objective of the grading plan, as well as the golf course design, is to avoid the wetland areas, to minimize impacts and mitigate intrusive effects on the wetland areas. The Developer modified its design plan in direct response to the recommendations of the Corps of Engineers, even though the Corps does not have jurisdiction in this matter. If any wetlands are converted or altered by excavation or other construction to function as storm water retention basins, then that wetland should be counted as being adversely significantly impacted and compensatory mitigation should be required to offset that impact. RESPONSE: The City has committed to adopting and implementing water quality and storm water management practices designed to control nonpoint storm water runoff as well as the quality of surface water in wetland areas. The EAW should indicate when it is necessary to control runoff water and how it will be treated. RESPONSE: The City will direct the Developer when it is necessary to control runoff water and how it will be treated. The EAW should indicate the volume of waste water expected to be generated by the Project septic system and document that the soils and groundwater conditions are appropriate for construction of a septic system in accordance with Minnesota Rules 7080, and local codes. RESPONSE: The City will obtain from the Developer the volume of waste water expected to be generated by the Project septic system and require the Project septic system to be constructed in accordance with Minnesota Rules 7080 and local codes. The EAW indicates that no wetlands will be drained or f'filed, however, wetlands D, O, S, T, and U that are listed in Exhibit C are not shown on Exhibit H. Please clarify. RESPONSE: Wetlands O, S, and U are outside of the Project boundaries. Wetlands D and T were inadvertently left off Exhibit H. Since distribution of the EAW, a detailed wetland delineation document has been prepared and 10. submitted to the City which accurately specifies the type and extent of each wetland. (g) Exhibit C should be accompanied by a tabulation of all wetlands on the site by type and acreage. RESPONSE: The table of wetland losses and gains has been revised to include the types of delineated wetlands. (h) The MPCA recommends that an erosion control plan will be implemented during construction. This plan provides for the prevention of sediment runoff by adopting the practices and recommendations contained in the MPCA letter dated September 24, 1992. RESPONSE: The City will require the Developer to prevent sediment runoff by adopting and implementing the practices as set out in the MPCA letter dated September 24, 1992, as the City determines feasible, or through implementation of an equivalent erosion control practice, as required by the City. (i) The Developer should contact the Minnesota Department of Agriculture for information on licensing requirements for chemical fertilizers and herbicide application. RESPONSE: The City will recommend that the Developer contact the Minnesota Department of Agriculture for information on licensing requirements for chemical fertilizer and herbicide application. Ho The City has indicated to the Metropolitan Council that it intends to fully comply with the interim strategy for meeting Environmental Protection Agency and Minnesota Pollution Control Agency goals of redeeming nonpoint pollution in the Minnesota River. In addition to adopting and implementing water quality and storm water management practices, the City will adopt the Department of Natural Resources (DNR) shoreland regulations within the time line prescribed by the DNR. The City has retained Northwest Associated Consultants, Inc. to adopt shoreland regulations for the City. The Project does not have the potential for significant environmental effects as def'med in Minnesota Rules pt. 4410.1700, subp. 7. THEREFORE, based upon the plans, reports, testimony, comments and responses considered by the City of Prior Lake, as well as the findings contained in this document, the City Council of the City of Prior Lake, acting as the RGU for the EAW, concludes as follows: Ao The preparation of an EIS on the Project is not required or recommended. 11. Bo The City may issue the requested permits to allow construction of the Project in compliance with the rules of the Minnesota Environmental Review Program and in conformance with the Minnesota Environmental Policy Act. WCG:AW3a 12. NOTE: ATTACH ALL COMME~ AND RESPONSE LETTERS TO THE FINDINGS DOCUME~ - efebratioa Minnesota Pollution Control Agency Celebrating our 25th anniversary and the 20th anniversary of the Clean Water Act September 24, 1992 Mr. Horst Graser Director of Planning City of Prior Lake 4629 Dakota Street Southeast Prior Lake, Minnesota 55372 Dear Mr. Graser: RE: The Wilds Golf Course Development Environmental Assessment Worksheet The Minnesota Pollution Control Agency (MPCA) staff has completed a review of the above-referenced project. Relative to those areas for which the MPCA has jurisdiction, the staff does not believe the project has the potential for adverse environmental impacts and therefore, does not recommend the preparation of an Environmental Impact Statement (EIS). However, the staff does have the following comments on the project: Item 8 indicates the permits and approvals required. The Environmental Assessment Worksheet (EAW) does not indicate that a U.S. Army Corps of Engineers (COE) 404 permit is required. However, the actions described to excavate the wetland to form an irrigation pond appear to require a COE 404 permit. If a 404 permit is required, an MPCA 401 water quality certification will also be required. Item 12 indicates a 0.66-acre wetland will be excavated to a 1.23-acre, 12-foot deep irrigation pond. It should be noted that wetland conversion for this purpose for any of the onsite wetlands is considered a loss of the wetland that exists onsite. A sequenced action to avoid, minimize, and mitigate should be demonstrated by the applicant to have been accomplished in order to concur that the taking and loss of wetlands is the only alternative. If concurrence is given that this alternative is acceptable, a compensatory mitigation plan should be developed for the lost wetland. Any proposed mitigation should show how they will plan for compensatory mitigation. The best proposal should be acre for acre, in kind, and onsite. These details should be worked out and provided. The mitigation plan should also include ecological goals that can be monitored for a specified period of time and are reported to substantiate the functioning of the new wetlands. Creation of wetland from upland areas is very difficult and has much less likelihood for success. Efforts should be made to restore degraded wetlands if possible to achieve the compensation. Item 18.a states that depressions will be created to detain runoff before the flow enters the wetland. It is not stated if any of these depressions will be created in existing wetlands or in upland. If any wetlands are converted or altered by excavation or other construction to function as storm water retention basins, then that wetland should be counted as being adversely significantly impacted and compensatory mitigation should be required to offset that impact. 520 Lafayette Rd.; St. Paul, MN 55155-3898; (612) 296-6300; Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester Equal Opportunity Employer ,, Printed on Recycled Paper Mr. Horst Graser Page 2 e Ye Item 18.b indicates that golf course runoff water will be controlled and treated when necessary. The EAW should indicate when it is necessary to control runoff water and how it will be treated. Item 19 indicates a septic system will be designed per engineer's specifications. The EAW should indicate the volume of wastewater expected to be generated by this facility and document that the soils and ground water conditions are appropriate for construction of a septic system in accordance with Minn. Rule 7080 and local codes. Exhibit C indicates wetland boundaries. Exhibit H indicates wetlands along with the course layout. The EAW indicates no wetlands will be drained or filled, however wetlands D, 0, S, T, and U that are listed in Exhibit C are not shown on Exhibit H. Please clarify. Exhibit C should be accompanied by a tabulation of all wetlands on the site by type and acreage. Item 17 indicates an erosion plan will be implemented during construction. We recommend this plan be specifically proposed for the site and include the listed items in the EAW and also prevention of sediment runoff by: me Grading operations should be staged in increments of area of workable size so that adequate control of erosion and siltation can be provided and maintained during the construction period. be Temporary vegetation and/or mulching should be used to protect areas exposed during construction. No critical erosion areas will be left bare and exposed for a period longer than five days after initial grading. Sediment basins should be installed and maintained as necessary. Silt control fences should be installed in areas of probable erosion. Storm sewer inlets should be provided with debris guards. Permanent vegetation should be installed within thirty days after completion of initial grading. Temporary erosion control measures should be left in place until the vegetative cover has taken hold. A system for routine inspection of the erosion control devices should be developed and should include an inspection regime for after storm events. Erosion devices that have failed or have been displaced should be re-established or re-evaluated for a more appropriate device after failure is discovered. Mr. Horst Graser Page 3 As a general comment, the extensive use of fertilizers and herbicides on golf courses has come under increasing scrutiny in the past few years, for worker and golfer safety, and for environmental impacts. We suggest you contact Paul Burns at the Minnesota Department of Agriculture (296-1488) for information on licensing requirements for chemical fertilizer and herbicide application. Thank you for the opportunity to review this EAW and for the extension of the comment period. If you have any questions, please contact Larry Zdon of the MPCA Water Quality Division at 612/297-8219 or Meri K. Nielsen of my staff at 612/297-1766. Paul Hoff, Director Environmental Analysis Office Administrative Services Division PH:ns Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155 (612) 296-1251 16 September, 1992 Horst Graser Director of Planning 4629 Dakota Street S.E. Prior Lake, MN 55372 EAW: The Wilds Golf Course Development Dear Mr. Graser: Thank you for the opportunity to review this EAW. Metro DMsion Planning and Programming has completed a review of The Wilds Golf Course Development F. AW. They have the following comments. The projected trip generation from the golf course appears Iow, only 200 ADT (average daily traffic). Trip generation will be closer to 400 to 600 ADT. Taken alone, the golf course development will not have a signEicant Impact on the current traffic situation. However, recent traffic counts on CSAH 83 show a doubling of ADT (4,000 to 8,000) since the opening of the Mystic Lake Casino. This rapid Increase was not accounted for in the design of the Shakopee Bypass for TH 101. Any future development generating large levels of traffic in this area could cause congestion at the Shakopee Bypass based on current design. You may contact William G. Sirois, Senior Transportation Planner for further clarification of these comments (593-e751). Sincerely, Student Worker Environmental Development Unit CC: James Povich, Metro - Golden Valley Robert Brown, Metro - Oakdale William Sirols, Metro - Golden Valley Fred Tanzer, Rm. 807, C.O. An Equal Opportunity Employer EPARTMENT OF NATURAL RESOURCES 10 500 LAFAYEI-I'E ROAD * ST. PAUL, MINNESOTA * 55155-40~ DNR INFORMATION (612) 296-6157 August 31, 1992 Horst Graser Director of Planning, City of Prior Lake 4629 Dakota Street, SE Prior Lake, MN 55372 RE: The Wilds Golf Course Development Environmental Assessment Worksheet (EAW) Dear Mr. Graser: The Department of Natural Resources (DNR) has reviewed the EAW for The Wilds Golf Course project. We offer the following comments for your consideration. The golf course appears to have been designed to avoid most wetland impacts. Grading and filling appears to be at a minimum given the size of the site. No shoreland or floodplain issues are apparent. A Division of Waters permit will be required for pumping of groundwater that exceeds 10,000 gallons a day or one million gallons a year. A Corps of Engineers permits also may be required for any modification to the wetland. The EAW fails to mention the qualit~ and value of the forty acres of forest that will be removed. The proposer sho~]ld prowde information on the type of trees and understory vegetation removed and their relationship to adjacent cover types. The loss of thi.q forty acres of habitat will result in a permanent extirpation of some species types from the area. Thank you for the opportunity to review this document. From a natural resources erspective, it appears this project does not require an Environmental Impact Statement, EIS). We look forward to receiving your Record Of Decision and responses to our comments. Minnesota Rules part 4410.1700, subparts 4 & 5, requires you to send us your Record Of Decision and comments within 5 days of deciding this action. Please contact AN EQUAL OPPORTUNITY EMPLOYER Joe Stinchfield of my staff, at (612) 297-4313, if you have any questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Planning and Review Section Office of Planning c-' Dave Leuthe Steve Colvin Tom Lutgen Lynn M. Lewis, USFWS Gregg Downing, EQB Jay Schroeder, Prior Lake Development L.P. #930024-01 ER4.THEWILDS.DOC Minnesota Department of Agriculture August 21, 1992 (612) 296-1488 Mr. Horst Graser Director of Planning City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 RE: Environmental Assessment Worksheet The Wilds - Golf Course Development Dear Mr. Graser: The Minnesota Department of Agriculture has reviewed the Environmental Assessment Worksheet (EAW) for the Wilds - Golf Course Development. Based on our review of the EAW, the Department of Agriculture offers the following comment: The EAW contains conflicting information about the size and scope of this project. The project description states: "The site consists of approximately 580 acres of land" and the site plans indicate that the site is 580 acres. Question #10 indicates that the site is 185 acres. In reviewing the section on cummulative impacts, it appears that the proposed project is actually a Planned Unit Development (PUD) consisting of a golf course, 800-1,000 residential units and limited commercial/office space on the 580 acre site. This raises the question of whether the project has been segmented in order to avoid doing an environmental review for the entire project at this time. Since the golf course portion of this project meanders throughout the entire project site, approval of this portion of the project would limit the prudent and feasible alternatives and possible mitigation measures necessary to alleviate potential environmental impacts which may be identified in subsequent environmental reviews for the remainder of the project. A piecemeal environmental review of the project would hinder the city's ability to anticipate future needs and problems. Review of the proposed residential and commercial development including street layouts, utility locations and a drainage plan for this area, at this time, could prevent significant future additional mitigation and infrastructure costs for the the city. Because the EAW does not contain adaquate information regarding the conversion of agricultural lands for the entire project/site, it is not possible to comment on whether a potential significant impact would result from the project. Minnesota Rules pt. 4410.1700, subp. 2a states that if the EAW contains insufficient information, the Responsible Unit of Government (RGU) should either make a positive declaration and include within the scope of the ElS appropriate studies to obtain the lacking information; or postpone the decision on the need for an ElS not more than 30 days, in order to obtain the lacking information. · 90 West Plato Boulevard · Saint Paul, Minnesota 55107-2094 · (612) 297-2200 An equal opportunity employer Mr. Horst Graser August 21, 1992 Page 2 Thank you for the opportunity to review this project. comments, please feel free to contact me. Sincerely, Paul Burns, Assistant Director Agriculture Planning and Development Division cc: Douglas Wise, MDA Gregg Downing, EQB If you have any questions regarding the above Au§ust 2?, 1992 Mr. Horst Graser City of Prior Lake 4629 Dakota Street SE Prior Lake, Minnesota MINNESOTA HISTORICAL SOCIETY 55372 Dear Mr. Graser: Re: The Wilds Golf Course Development S27, 28, 34, Tl15, R22, Prior Lake, Scott County MHS Referral File Number: 92-3191 Thank you for providing this office a copy of the Environmental Assessment Worksheet for the above-referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and through the process outlined in Minnesota Rules 4410.1600. The "no" response to question 26a may be premature, since we believe that there is a good probability that unreported archaeological properties may be present in the project area. Therefore, we recommend that a reconnaissance level survey of the project area be completed. The survey must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation. For your information, we have enclosed a list of consultants who have expressed an interest in undertaking such surveys. The consultant should contact our National Register Archaeologist, Scott Anfinson, at 296- 5434, in order to work out a sampling strategy for the survey work. If the project area can be documented as previously disturbed or previously surveyed, we will re-evaluate the need for survey. Previously disturbed areas are those where the naturally occurring post-glacial soils and sediments have been recently removed. Any previous survey work must meet contemporary stand- ards. If you have any questions on our review of this project, please contact me at (612) 296-5462. Sincerely, Dennis A. Gimmestad Government Programs and Compliance Officer DAG:dmb Enclosure: List of Consultants 345 KELLOGG BOULEVARD WEST / SAINT PAUL, MINNESOTA 55102-1906 / TELEPHONE: 612-296-6126 CONTRACT ARCHAEOLOGISTS THIS LISTING IS CG~U~ISED OF INDIVIDUALS AND FII~S I%lO HAVE EXPRESSED Ali INTEREST I# UNDERTAKING OO~TRACT ARCHAEOtOG¥ THE STATE OF MINNESOTA. IT IS PROVIDED FOR INFORMATION PUR- POSES TO THOSE UtlO KAY REGUIRE THE SERVICES OF AN AR- CHAEOLOGICAL CONSULTANT. INCLUSI(:~J ON THE LIST DOES NOT C~STITUTE AN ENDORSEMENT OF THE CONSULTANT'S PROFESSIONAL GUALIFICATIOJ~S OR PAST PERFORMANCE. THE SNPO RESERVES THE RIGHT TO REdECT CONTRACT REPORTS IF THE PRIHCIPAL INVES- TIGATOR O~ OTHER CONTRACT PERSO#HEL DO ~OT MEET CERTAIN IMAL GUALIFICATiO~S SUCH AS TIlE SECRETARY OF THE INTERIOR'S PROFESSIONAL GUALIFICATIONS STANDARDS (FEDERAL REGISTER 9/29/83). IT I$ RECC~MEHDED TMAT UORI( REFERENCES BE CHECk:ED AND I,I~.- TIPLE BIDS BE OBTAINED BEFORE INITIATING A CONTRACTUAL AGREEMENT. THE $IJPO WILL NOT RECOt~END SPECIFIC CONTRACTORS, BUT MAY BE ABLE TO COt~4ENT ~ PREVIOUS tORE REVIEWED PUR- SUANT TO STATE AND FEDERAL STANDARDS AND GUIDELINES. THE $HPO PAS A FILE CONTAINING THE VITAE OF MOST PRINCIPAL IN- VESTIGATORS. THE SHPO CAN BE CONTACTED AT THE FT. SHELLING HISTORY CENTER,, ST. PAUL, MN 55111 (612/726-1171). Vita of principal investigators on fits at $HPO. Updated 5/19/92 *THE 106 GROUP LIMITED Anne Ketz 612/946-1162 Fax: 612/941-3675 *ARCHEOLOGY LABORATORY Augustana College 2032 South Grange Avenue Sioux Falls, South Dakota 605/336-5493, -5494, -5499 57105 *ARCHAEOMETKY LAB George Rapp and Susan Mulholland University of Minnesota Duluth 10 University Drive Duluth, Minnesota 55812 218/726-7957 *ARCHAEOLOGICAL RESEARCH SERVICES Christina Harrison 3332 18th Ave. S., #1 Minneapolis, Minnesota 55407 612/721-4145 BEAR CREEK ARCHAEOLOGY, INC. Junction of Highways 9 & 52 P. O. Box 30 Decorah, Iowa 52101 319/382-3662 *~OUIS BERGER AND ASSOCIATES, INC. John A. Hotopp Attn~ Derrick Marcucci or Susan Gads 107 8th Ave. SE PO Box 5247 Cedar Rapids, Iowa 52406 319/362-0051 ALAN BREW Department of Anthropology Bemidji State University BemidJ l, MN 56601 218/755-2965 or 218/755-3938 218/751-8723 (home) (office) *BRW, INC. Attn: Thomas Bailey 700 Third Street South Minneapolis, MN 55415 612/370-0700 *COMMONWEALTH CULTUP~J, RESOURCES GRO~TP 2530 Spring Arbor Road Jackson, MI 49201 517/788-3550 *ECOLOGY AND ENVIRONMENT, INC. Mark S. Rosenzweig, Ph.D., SOPA Buffalo Corporate Center 368 Pleasantview Dr. Lancaster, New York 14086 716/684-8060 *MICHAEL L. GREG~ Harriman Research Center 2002 University Avenue Grand Forks, ND 58203 701/777-2435 *IMPACT SERVICES, INC. Kathleen Roetzel 125 Catalina Dr. Mankato, MN 56001 507/388-1237 *INSTITUTE FOR MINNESOTA ARCHAEOLOGY Attn: Mr. Bruce Humphrys Clark Dobbs, Douglas Birk, Craig Johnson 3300 University Avenue SE Minneapolis, MN 55414 612/623-0299 *TODD KAPLER 824 Dartmouth #5 Vermillion, SD 57069 *RIC~%RDLANE Department of Soc£ology-Anthropology St. Cloud State University St. Cloud, MN $6301 612/255-3010 or 612/363-8411 *LARSON - TIBESAR ASSOCIATES, INC. 421 S. Cedar St. Laramie, WY 82070 307/742-4371 or 701/696-2236 LEECH IJkKE RESERVATION Grant Goltz, Project Director Heritage Sites Program RR 3, Box 100 Cass Lake, MN 56633 218/335-6295 GORDON LOTHSON, PKD Cougar Consulting 810 Lakeview Drive Shoreview, MN 55126 PO Box 475 Pullman, WA 99163 *JOYCE MCKAY Cultural Resource Consultant P. O. Box 258 Belleville, WI 53508 *MALCOLM PIRNIE, INC. Attn: G. Joseph Hudak 5001 West 80th St., Suite 770 Minneapolis, MN. $5437 612/835-2504 F,%RIAH ASSOCIATES, INC. Peter B. Mires, Ph.D. 5301 Longley Lane, Suite H-120 Reno, NV 89511 702/829-2511 *MICHAEL G. MICHLOVIC Department of Sociology-Anthropology Moorhead State University Moorhead, MN 56560 218/236-2035 or 218/236-3800 *MISSISSIPPI VA?.T.~YARCHAEOLO~Y CENTER James P. Gallagher 1725 State St. LaCrosse, WI 54601 608/785-8463 *CLIFFORD STEMMER AND ASSOCIATES 641 Belgrade Ave. North Nankato, MN 56001 507/388-7450 *DR. RICHARD A. STRACHAN Department of Anthropology Mankato State University Mankato, MN 56001 507/389-6612 or 507/389-6504 *TW:T~S ENVIRONMENTAL Attn. Kurt Schweigert or Allan Westover 1315 Glenwood Ave. N. Minneapolis, MN 55405 612/374-1301 ROBEP~T G. THOMPSON 1057 Hague Ave. St. Paul, MN. 55104 612/644-9960 R. C. VO~EL AND ASSOCIATES P. O. Box 44 Cottage Grove, MN 55016 *A/2%NWOOLWORTH 2366 Hillwood Dr. Maplewood, MN 55119 612/735-7568 Archaeoloqical Geomorpholocrf *FOTHAND VAN DYKE, INC. Attn: Curtis Hudak 10340 Viking Drive, Suite 100 Eden Prairie, MN 55344 612/942-0396 *INSTITUTE FOR MINNESOTA ARCHAEOLOGY Dr. Howard Mooere 3300 University Ave. SE Minneapolis, MN 55414 612/623-0299 ~..'x. 'i.¢¥: 9-2t-92 1'20-~P~I Y, ETRO COL'.XCIL- c, 12 J,t? -tz-t~.'~ t ,.. ME'FRt)POLi'I'AN COUNCIL OF 'FILE TWIN CITIE.g AREA Meats Park Centre, 230 E. 5th St. St. Paul. Minnesota 55101 612-291-6359/TDD 291-0904/'FAX 291-6550 DATE: TO: FROM: Augu.~t 17, 1992, Revised S Metropolitan and Commm Richard Thompson, Resea Post-It'" brand fax transmittal memo 7671 ! w of o.~,, ,, SUBJECT: City of Prior Lake Environmental Assessment Worksheet The Wilds Golf Course Development Metropolitan Council Referral File No. 15699-1 Metropolitan Council District No. 14 INTRODUCTION The city al Prior Lake has submitted an Environmental Assessment Worksheet (EAW) for The Wilds (3o1£' Course Development. This EAW is mandatony based on Environmental Ouality Board (EQB) rules which state: "An EAW must be prepared for projects that meet or exceed the thrcshokl of any of subparts 2 to 34." In this case, 4410.43 Subp. 28 (D) apl)lic~: "For projects resulting in the permanent conversion of 80 or marc acres of agricuhural, forest, or naturally vegetated land to a mt)re intensivc, developed land use" whcn such land is outside tl~e Mmropolitan Urban Se~i~ ~ea (MUSA). Thc Wilds Golf Club is a proposed 18-hole public golf course located on 185 acres of a larger 5~,O-acra site in thc city of Prior Lake (see Attachment !). It is located across CR 83 from thc Mystic L~ke Casino. The project consists of an 18-ho!¢ public golf course, clubhouse and maintenance building. At thc present time this property is undeveloped with thc unwooded portions being farmed. Thc site is hilly wilh steeply eroded ravincs associated with intermittent creeks, ponds and wetland areas. There will bc one access road to the golf course from County Road 83 (Mystic Lake Road). Based on information in thc EAW and conversations with the dcvcloper, latcr phases of development of thc overall $$0-acrc site will include residential dcvelopmcnt (,q0(I. 1000 units), ts h,tel and limited commercial and office development. The golf cour.~e will be interspersed within this additional development. After initial ~uhmission of the EAW, thc city has submitted additional information to thc Council in stagc, s. Not all of the information needed I'o make thc EAW complele has ~cn submitted yet. Duc lo the short time allowcd for review, the fi~llowing plan review is based on ~nE)rmatioD at hand and reviewable as of September 24, 1992. Normally, the Council receives a complete Environmental A.,ssc~smcnt Workshcet on u project. With a complete EAW, the Council can a.~sess on a preliminary basis thc impacts at' a prol:X)sed COUNCIL- 612 -t-~7 t245:: '"'iL project. In this case, the inforrnntion has come to the Council in hits and pit:cos, which has made it extremely difficult m ass~g~ Its impacts as a whole. (~uncil ~taff has mci on ~cv~ral occa~ion~ w,h ~hc developers anti vi~ilcd ~hc silo. On AuEul~ 24, 17~)2, city staff and btctropolitan Council staff' met m discuss the EAW for Iht Wilds Golf Course Development and the statl' report. On that dale, thc city or' Prior ~kc granted an extension of tho Environmental Asscssmem Workshcct dcadlinc to ~ursday, ~pleml~r 24, 19~. Tho put.se fi~r thc ~tcnsion was tn allow thc ci~ and d~vclopcr to submit additional information for Council and agency review. Council staff has reviewed additional information submitted by the city and developer. Review of that information is reflected in this revised report in the text, tintlings and recommendations. REGIONAL POLICY ISSUES The projcc[ description abstract represents thc proposed projccl by stating that thc site consist.~ of 580 acres of land. However, only 185 acrcs are specifically addressed in the EAW. In order to ~mpletcly anti accurately evaluate all of the impacts of ibis proposed project, th~ entire 5~-acrc site should be evaluated in the EAW. Of equal concern is the possibility of a project of this scope (golf course, hotel. 800-1,000 resi¢lcnlial units) located in the rural area. The Council and Iht city must address the possible impacts ol'a development cfi this scale on regionM transportation and sewcr syalcms. The Council must Mso r~ddrc:,s a (Icvcloprnent of this scale in relation to its location in the region. Theses issues will need to be z~ddre.~.~ed in a plan amendment, which the city will submit. TI)e EAW is missing some information that would addre.~,~ potenlial environmental impacts associatett with the proposed project. The city and the dcvcloper have supplied additional cnvironme.tal inl'ormalion related to this project. However, some infnrmation has not yet been received. That fact together with the fact that the other development propo$cd &}r the 580.aci¢ site appears to be related to ~he greif course project, thereby requiring concurrent environmental review, lcd staff t,) conclude that Ibc city of Prior Lake should either proceed with thc preparallOn t.,f an Environmc:ntat Impact Statement or have reviewed the missing informati(m bet0rc making a negative cleclaration on thc EAW. AUT.HORITY TO REVIEW Environmental Assessment Worksheets (EAW's) prepared under the Minnesola Environmental Review Program rnust be submitted to thc Metropolitan Council and other agencies. Any recipient ot an cnvirolllilenta[ rcvicw d~<ument, or other interested party may make comments a.d rccummcndatinns to thc rcspnnsible agency. The responsible agency Iht this project is the city o1' Prior Lake. Thc Metropolitan Council rcccived the EAW on August 4, 1992. Th~: 30-d:y comment period ctmc}udes on September 2, 1992, With the extension of the review period, the Council has until September 24, 1992, to .mbmit comments to thc city of Prior Lz~kc (acc Attachment 2). 5EM.BY' 9-24-~2 12 05P~t ' ~ETRO COL'~CIL- ~12 447 ~2~5:~ 3'12 FINDINGS The city has suhmilted n minor plan amendment which would alit]'.,, ge)l[ courses in thc city's rural service arcs. The design o[ thc: goll' course development is integrated with thc: pr,)l~sed residential development. Tile design of stormwatcr runol'f facilities within the 185-acrc site ia currently being inllucnc~! by ~h¢ projected contributions o~ runoff I~om future development to occur in thc remaining 394.9-acres nf Iht si~e. ~c golf cuursc development and ~he re.sidential development appear m hc multiple stag~ of a single project. The EAW does nat adequately consider thc cumulative impacts or existing and anticipated future development around thc project site. The EAW slates that no sensitive ecological resources are located on or near thc site. The recently performed biological survey did identify a species ('if ".~pccial concern", ht)v,,cver, and recommended another survey in thc spring to determine thc tx)tcntial associated presence of "threatened" or "endangered" q'~ccics. The actions planned to he undertaken in each of thc unclassified wetlands l: arid O.., that i~, to dredge them and cnnvcrt them lo lake basins, is inconsistent with the Council's 1980 Water Resourc'e.~ Management Developmem GuidelPoffcy Plan. thc Govern(ff's "No-Ncr- Loss Executive Order 91..3, anti the intent of the Wetland Conservation Act of 1991. The Order and Act both specify the importance uf efforts to avoid impacting natural wetlands, which has not bccn addressed in thi~ document. The usc of gr()undwater for luke level augmentation, as prol'~OSCd in the EAW, is not consistent wilh the Council's Water Supply Plan for the Twin Cities Metrolx)litan Arco, or DNR policies. The city h~s indicated that it will adhere to thc MPCA's "Protecting Water Quality in Urban Areas" in maintaining erosion anti sedimentation control during thc constructim~ period on thc site. The EAW states that thc volume of runoff will be no greater aftcr construction of the proposed project that the volume of runoff under existing conditions. The int'ormatkm supplied to date does not fully substantiate that statement. o The EAW does not indicate suhwatershed boundaries and surface water flow pathway.,; between waterbodics throughout thc 580-acre site. Two lake N~sins afc prol',oscd to be con.~tructcd un the site. No inft)rmation is supplied to indicate their design or nmount o£ ground or surface water thaL will be necessary to maintain phrased water surL'ac¢ levels. 10. All runoff leaving the site will first enter Prior Lake, a priority lake of the Council. and ultimately thc Minnesota River. '['he project as proposed may bc inconsistent with policy 1-1 of the Council's Wa~tcwi~ter Treatment and Handling Policy Plan, which ~t;,tus the need to control nonpoint sources or polhttion to the Minnesota River. The developer and bF.NI' BY:' 8-:-'4-82 '12'0.5P.~I ' Y, ETRO COL.'NCIL- eo12 -~-~7 -~2J, 5:~ -1 12 city have no[ supplied sufficient intbrmation to thc Council to cn;,hl¢ it to ~ictcrtnin¢ whether runoff le3ving the si~e will be degraded £ollowing dcvclopmc,n. .An -n-site septic system is proposed for usc in treating sanitary sewer flows from the proposed golf course. It is dcsigned f-r un average daily flow at' 6,700 gallons per day. 12. The EAW cmos not document how the 200 Average Daily Tratfic (AD'I') was calculated. I, mcc'.fing~ with thc developers, they explained that the average dally traffic ['or the golf course will be controlled by the numl,:r of rounds planned in The EAW .,;tares that most recent traffic count on Mystic Lake Drive ~,CR 83) was done in 1990 and averaged 4,050 c~rs, but this t'igm'e has changed since the opening of Iht: Mystic I..a~ke Casino. The devcioper subsequently submiited a marc recent i~vcrage daily traffic count of 15.528 on CR 83 in 1992. 14. It is unlikely tha~ thc golf course us proposed will h~,ve impacis on the metropolitan highway transportation system. However, coupled with thc Casino traffic and thc anticipated related development, there may he cumulative impacts. 15. There ore two regional park l'acili~ies in the. area of the proposed golf cour~¢--Spri,~g Lak~ Regional Park and Scott County Regional Trail. This proposed prOlecl will ha,,,e no impact on rcghmn} recreation and open space. RECOM/vlENDATIONS That the MctrOlXflitan Council: 1. Adopt the above findings and the staff report ~s part of these recommend~tions. Inform the city of Prior Lake tha~ ~he Wilds EAW in its present form does not adequately a(Idre.~.~ potential environmental impacts on the 580~acre ~il.c in which it i~ located and upon downstream watersheds. Consequently. thc city should either proceed with thc preparation of an Environmental Impact Statement or address the Rdlowing before making a negative declaration on the EAW: expanded scope of rcvicw to include thc entire 580.acre site ns well as the cumtfiative impacts caused by addilional uses proposed ns Inter stages of the sit~ development; an additional biological survey, focused in the wooded ;,rea of thc I85. l.acre site in thc spring prior to disturbance as rccomnlended in the biological rcconnt, iss~mc¢ survey: (If the city addresses thc tcmuining points and makes a neg;~tivc d¢clari, tion, the developer should avoid disturbing the wooded areas when grading thc rest tff the arca this fall); thc potential impacts of constructkm at this proposed project by determining the quality and quantity of runoff by subwatun;hcd I'x~th bcl'ore ~tnd after construction. d. the numerical nutrient budget amflysis a~ discu~ed in thc stuff report. ~\T'B~' ~-2J-D2:12:06P~J ' ~ET~O COL'~CIL- 612 J~? J2~3:; 5/12 SUPPORTING ANALYSIS Metropolitan I)~velopment and lnvestmen! Frnmework The city of Prior Lake adopted a comprehensive plau in 1980. In ~his plan, the majority of the ptoiect site is designalcd as agricultural with a small port/on in thc northeast corner designated as natural open space. The dcscriptic~n of Ihe agricullural designation and policy itl thc city's plan docs nnt allow golf courses. Thc city hn.~ submitted to tho Council u minor plan ~mlcndmcnl th,~t wr)uld allow golf courses in thc rural ,service area. Thc Council Chair and staff have determined Ihut this amendment is complete and presents no impacts on regional systems. Legal Issues (Brian Ohm) The rules of the Minnesota Environmental Quality B~ard ("EQB") require theft "[a]n ElS [Environmental Impact Statelucnt] ~h;lll bo ordered for projects that have thc polential for significant environmental clTcct.~." Minn. Rules 4410.1700,'~t:bp. 1. With respect to determining what constitutes the "prOject." the rules provide that '[c]onnected actions and phased actions shall be aon.~klcrcd a single project for Ibc determination of need for an ELS." Mi,re. R. 441(}0.1700, ~ubp. 9. The rules alsc~ state that "[mluhiple projects and multiple stages of a single project that are connected actions or phased actions taunt be considered in total when.., preparing the EAW." Minn. Rules 4410.1000, subp. 4 (emphasis added). Based on the information coniaincd in the EAW and the information obtained during the EAW review period, thc responsible governmental unit must decide if a proposed project has tile potential ibr significant environmental ¢ff~:ts. According to thc EOB rules, "[i]n deciding whether a project ha~ thc potential fc~r nignificant environmental effects, tile following factors shall be considered:... cumulative p~tential el'feets of relaled or anticipated future projects." Minn. Rules 4410.1700, Subp. 7. The EQB rules define 'cumulative impact' to mean: thc impact un the environment that rcsults fi'om incremental cfi'cots of thc project in addition to other past, present, and reasonably fnr~$eeable fntur~ projects regardless of what pcrs~m underlakes the other projects. Cumulativ~ im0~tcts can result from individually minor but collectively si§nit]cant pi'ejects I:xking place over a period of lime (emphasis added). Based on thc EQB's definition of "cumulative impact," the EAW prepared for the Wilds Golf C~urse Development .~hou[d examine the incremcnlal effects of the golf cuur~c developmenl added to past and present projects in the area such as thc Mystic Lake C,lsino. The EAW docs not include this information. Tile EAW prepared for Thc Wilds O~lf C:ourse Development also needs to examine "reasonably I'orcsu~able future projects." ~e EAW briefly mentions an R00 .. 1000 unit residential development that will cover 3q4.clO ncre~. The EAW also mentions thai m~ EAW or ElS will have to be prepared ['ar thc residential dcvehq~mcnt. The EAW then ~tatcs that thc cumulative impact of a residential cnmmunily around thc g¢~lf course cannot bc evaluated without specific plans which will not be developed unless Prior Lake's G)mprehcnsivc Plan is amel~dCfl. An issue rcm:~ins a.~ to whether the proposed rt:sident{al dcvclopmenl is a "reasonably f~resecabl< future project." The design of the golf course clevelopment is integrated ~,ith th," proposed resktential developmenl. The golf el~orse development and the residential development thcreft~r¢ 9-2-t-92 '1'~.: 07P.~i ' .~IETRO COL'.~CIL- ~1'~. 447 t245'r, 61,2 ~ppcar to bc muhipl¢ stages of' a single project. If thc proposcd residential dc','clapment reax,~nably foreseeable, thc city of Prior ~ke must consider the cumuhmve pmential the residential development as part ol the ci~'~ anal>~i~ o[ whether the Soil has lhe potential for significant envir-nmcntal effects. If thc rcsi&ntial development is not reasnnably fi3reseeable, thc EAW shoukl examine ~he environmental impacts of the devclopmem on ~hc land adjacent to thc gait' course development, including mhcr i,ng term u~es oi the land. From a regional per,~pective, lhe Council is concerned about the impact.q of a r,'s,j,'n development including homls, commercial and residential development m thc rur~d area. The Council and thc ~i~ m~st adclres~ thc p~ssiblc impact~ ol a development of this sc~de on rest(mai ~ran~portauon and sewer ~ystems. The Council musl also ~,ddress a development of thi~ scale in rch,tion to its location in thc region. Natural Resources (Jim Larsen) The original staff' report dated August 17, 1992, identified several environmental evaluation documents that were absent from thc EAW distributed for review by the city ol' Pri<~r Lake. The absence of those documents for public review lc. fl the potential for negative cn,,,ironmental effects as a re.~ull of con.qructicm or' the propo.~cd project. Subsequently, thc city of ?riot Lake anti the developer of the proposed project have submitted sc~mc of the inl'orm~m~m rimed in thc original staff report as missing fram thc EAW. Thc fl)llowing is a list of thc supplcmemal information relative to the project that Council staff has [ecei¥cd to date: · Preliminary Grading Plan ePreliminary Drainage Map ePreliminary Erosicm Control Measures Mai) · Reconnais,:anc¢ Level Biological Resourcc:~ Survey eReconnaissance Lea, el Archaeological Resources Survey · Nutrient Budget Analysis eWetland Delineation Summary ePrcliminary On-site Septic Syqem Design and Siting Report The following comments address specific items listed in the. EAW. 6'1 The description of the propo.~ed project ,qates that it is located on a l~.l.acrc site. Total site grading within I he l gS. l-acre area was originally projected to involve thc tran.,.l~(~siti~m ()t' 325,00(l cubic yards of material over an estimated fivc-mrmth period of time. The city and the developer have sub,scquently reduced thc grading estimates to approximately 174.000 cubic yards al' material over an cstimamd two to three month period oF c(mstruction time. However, the l,qS.1 acres to be impacted by ~mstruction ot the: pmp(:sed golf course as presentccl tm Exhibit H is [)art of a total site encompas.,;ing 580 acrc~ ol.' land. The EAW states that the topography of the site is hilly, wi~h steeply eroded ravinc~ associated with intermittent creeks, ponds, ired wclland areas, both on and off the ($80-acre) propcrty. In dclineaticm of the 185.1 acre site cx;.,mined in the EAW, boundary lines have been arbitrarily drawn on Exhibit H to incorporate tees, fairs, ay,,;, anti greens that traverse the entire Still.acre site. a road that cro~.c,~ the ~itc from NW to SE, and a practice facility, a 7-,s~;rc clul)huu.sc area. and a 1,6-acre mamtenance arc~s near thc center or' Ihe site. Those boundary linc.,; extend through the middle of wetlands, along the shoreline of Mystic Lake, and randomly across varying Iopography and m;tpped vegetation margins with no consideration given in the EAW to potenlitd impt,cts upon the surrc~uading physical environment within the remaining 394.9 acres ut' the total site, or ap~m adjoining propc,ies. The pr-jeer dc.~cription abstract listed in thc EAW and published in thc EQB Mont't~r inaccurately ~eprc~cms thc proposed project hy ~t;~ting that "[Tlhc ~[c consisls o1' approximately 5~0 acres of land", when ~nly I85. I ncrcs of area are addressed in thc worksheet. To completely and ~ccurately cvaluute all of the impacts of this proposed prqect, the entire 580-acre skc should be evaluated in the EAW. 10) Concerns with this item are an cxp~msion c)f those addressed under item The proposed project has the potential of impacting far more wetland acreage than ti'se listed 13.87 acres. While thc original submission did not include a delineation summ~sry or' wetlands currently in existence ~)n the entire 580-acre site, the city has subsequently submitted such a summ~ry. The wetland delincalion.~ in Exhibit H are not in harmony with the Eahibit C intTormation. The delincalion summary indicates twenty-two wetland basin:, cover approximately 133.4 acres or 23 percent of thc entire $80-acrc subject property. 11) Thc EAW states that according to the DNR, no sensitive eccflogic;d resources (species or plants) are located ,m or near the site. That statement was bzssed on a search of the DNR's Natural Heritage database for ecologically sensitive resources, but does not provide either ;, complete or accurate determination of rus(:urces potentially impacted by this proposed project. There arc runny significant natural features present in the state which are not represcnled hy the database. Duc to the magnitude ol' this entire proposed project site (58(I acres), staff recommended that ~n on-site survey cfi thc biological rcsource~ of thc pr-j¢c~ area be undertaleen to determine if ecologically significant features exist t'or which DNR has no record. On September .~, 1992, a consultanl/.~urvcyor conducted ~m abbreviated, on-site biological resources su~,ey. While thc consultant observed no "threntcnc¢l" f~r "endangeced" species, the consultant did observe one species uf "special concern" .~liHi. t~ within the lbr¢.st arc~s~;. Thc surve), stated that duc to the ephemeral nature of Ihe I'ull range of threalened or endangered phmt species that pmentiafly exist within this remnant of the "Big Woods" hardwor~d forest, it would be dffficull to identJt'y most specimens at the time of year lhat this survey was conducted. Thc surveyor recommended th;st disturbance of the ~,'oodland areas that are proposed t, be removed t'(~r cotJr'~c constructicm be prntonged until Lh¢ are.~s c~m be resurvcycd in thc: spring fi~r potcntblly thrc'4fened or endangered ephemeral plant species. Council .,;taft concurs in this recommendation. 12) The EAW incompletely characterizes the potential water quality intpacts thai may ~x:cur as rcsuh of ~nstruction of thc proposed project. The prup~sed '185.1-~1cr¢ project :~rca cabin, passes over one mile of Mystic Lake ~ht,reland, all or portions or' several wetlands, and two pro,seal lakes. It is not possible to cm~sidcr the potential eft~ct of a pro~sed projec~ on a portion ota water ~dy. Such acli~ms will only resell in inaccurate c, nclusions and ~tentially ~ignificnm e,vironmentni impacts to w~ter bodies or portiofis of water bodies considered by s~me sections of ~his EAW a~ outside of the project re'ea. To be a complcle and accur~le document, the EAW shoukl evaluate fi~e entire. 580. acre si~e for potential water resources impacts rcsulling fi'om construction of the proposed project, $5\T. BY': 9-24-92 '12:087~1 ' ~IETRO COLNCIL- 612 4~7 1245:~ 8,'12 In the movement Gl' ~n estimated 174,000 cubic )'ard.~ Gl soil nlalerial on thc sit¢ over a projected tu,.o to three month period, subwatcrshcd boundaries could ~ altered, thus modifying either thc quality and/or quantity of wa~er [hat will he directed to the lake(s) or wctland(s) within tho~ basins after project cons~ruc~inn. Tu be a complelc document, the worksheet should include a complete evaluation of both pre- and post-dcvdnpmcn~ runoff quality and quanfi~y for all subwalersheds on thc sit~. Following the initial submission of thc EAW, the city and Ihe developer have submitted preliminary grading :md drainage plans that klentify areas to be impacted by those activities on the site. The plans identity the location of a systcm of catch basins interconnected by underground piping that will convey surt'icial runoff to 18 stormwater runoff ponds, an irrigation lake, or to lvtystic Lake via overland flow. N, information is available for the propo.~ed rum,ff ponds to identity their si~c, outlet design or expected purposes and removal efficiencies. Of concern is the potential that these basins and system of storm sewers could convey nutrient-rich runoff to wetlands on the site or off site into Prior Lake or the Minnesota River. Thc developer for the project hits indicated that design information was unavailable for the Ix~nds due to current plans for sc, me of them Io ~,lso accommodate stormwatcr from thc t'mure residential development phases on this 580-acre project site. The drainage plan dated September 1, lt~.Y2, indicates a 30.foot buffer strip is to tx: maintained around wetland areas on thc site. However, thc plan has in many areas Iocaled control fencing and areas to be disturbed dircclly abutting wetland boundaries. While the 3(l-foot wflue is Ic~ than the typically recommended 511.foot value .~uggcsted by DNR, the gradir~g and drainage plans need to be modified to adhere to thc developers' own specifications. Council st,iff concurs with the develcq~ers' specifications. The project site spans the boundary between the Shakopee Basin Wa~er~hed Managemem Organization and the Prior Lake-Spring Li~ke Watershed District. Both organizations will need to review this proposed project for c~)l'~sistcncy with Iheir Water Management Plan:;. Stormwaler runoff from this proposed ,site dr~fins first to Prior Lake and then to the Minnesota Rive~. The EAW indicates that a 0.66-acre wetland (Basin G on Exhibit C) on thc site is proposed t, be dredged to a depth of approximately 12 feet and enlarged to approximately 1.23 acres. Revised plans now indicate that this proposed northern lake will h~.~vc a surface area of approximately two acres. It l~rther states that thc w~ster level in this basin will be m~,nlaincd by flow from a nearby grmmd water well. Groundwater pumped into this proposed basin wt~uld bc used [o irrigate thc course. ~though not stated in the EAW, an additional lake is identified on Exhibit H located ~outh of the above ~n'ea at a iowc:r elevation. The sec~md proposed lake to the south i~ sized ,t 2,8 acres in surface area, ~md is the currcnl site ol'a delineated 2.67-acrc Type 3/6 wetland basin. Wa~er to maintain the southern proposed lake would be supplied by groundwater solely fin aesthetic purposcs via thc overflow ut' water ~rom the northern prop~sed lake. ~e proposed actit~n is in direct conflicl ~'ith DNR policie~ thal do not allow authorizalior~ ut groundwater u~e solely for pond augmcmatinn for aesthetic purposes. The ~outhern lake is neither proposed for nor nm:essaD, for usc in irrigation of thc golf course. Thc EAW shoukl st~te the anticipated volume and source ~qui&'.r t~t' the ground waler trod note the scope o[ alteration o1' e~,ch basin. '~e action~ planned in each nf those wetlands, to dredge them and convert them 1o lake basin~, i~ inconsistent with thc Council'x 1988 Water Re~nm'ces Managctnem Dc,.clol~ment Gu~detPolic'y Plan poli~T 3-4, the Governor's "No-Net.Loss" E~cculive Order 91-~ (Order). and the intent of thc Wetland Consem~tion Act of 1991 (Act). Convenion of these existing wetland hasin~ m iakez will eliminate thc predominance of hydric soils, the lasting presence of a prevalence of hydrophytic vegetation and thc wildlife nesting m'~¢l feeding habitat that currently exists there. These two modified basins will not meet the definition of w'etlands a~ proposed and t, re thercfore.~~' unacceptable for consider,trion as mitigation sites for wetlands climir~ated. No indication i.~ made of any attempt to avoid {n3p~'scting either of the~e wetlands as specified by both the Order and the Act. The use of ground water for lake level augmenter[on is also inconsistent with the Council's Water Sutq~ly Plan for thc Tv,4n Citic~ Metropolitan Area. Lake level ~ugmentati~m, as proposed [hr the two lakes to bc c~nstruclettt on thc site. ha.~ been identified by the DNR as an inappropriate appropriation of ground w;,ter resources. Any plans by the developer of the sit~ w,il[ nccd special approval by ~'he DNR for such a planned use of ground waters of the state (aa holed in item (8) above). Discussion with DNR st:lt'l' on September 22, 1992, confirmed that while augmentation may be specifically pet-lnittcd f~ar the northern proposed lake for irrigalion purpo.scs, there is no appropriate need of its use in level maintenan~ of' the southern proposed loire, currently a 2.67.acre natural w¢lland ba.~in. 13) Thc EAW identifies one well intended for use in irrigation and lake level :~t,grncntation, and another for clubhouse potable water ~nd maintenance facility use. Due. to the potential difficulty in receiving perrnission from thc DNR for all proposed uses of w~tc~' fron'~ these wells. stall' recommends that preliminary dctev~nination of approve} fcic ;dl l)roposad uses be obtained ;.'rom each of Ihe agencies involved, potentially including thc Corps (wetly, nd altcrali()n [~rmits). the DNR (lake level augmentation ~tnd water :~ppropriation permits), and DOH (w,-,ter system construction permit) prior to carrying out thc improvements upon each of thc ground water wells. Waiting tintil.al'ter c¢~t'nplction of the wclls to obtain lhe permits m;.~y significantly alter Ih~: cost and scope of the pi'eject shc~u{d all :~pprovals not be granted. The DOH must bc notifi<:d before the construction of i~ny potable well begins. 17) Several areas of the proposed project site have slope.,; in excess of 30 percent. Thc initial EAW submission did not describe spccific erosion and sedimentation control measure:; that would be u.~cd during the c~nstruction period. Subsequent subn}issio~l.~ include a redt~clion in thc Icvel of ~radh~g on the site, additional placement ('~1' erosion control n~easures, and indication I~y thc: oily that the standards and methods of crosit~n control contained in the MPCA'.¢ best rear, age,neat practices manual will be specifically adhered to rcl:~tive Id this proposed p,'ojcct. Exhibits E. F, O, and [ afc sc:de maps presenting slope, topography, general hydrological ~nd surface vegetation analyses of the entire 5R0-acrc site, but none identify the 18$.l-acre area as thc ;~rea irnpt~cted by this proposed pr~qect. To be a complete document, the EAW should evaluate, thc potential impat;ts of construction of this proposed project within the 580-acre site, both on the site it.~¢if and o~t the downstream watersheds. 15;) (a) The EAW stales that thc volume of runoff Will b~ no greater ~,fter construction of the proposed project th~n thc volume of runoff u~:dcr existing conditio~ts. Information has nc~t been supplied to fully ch~racteri7c: the run(~lT that occurs under either present or future conditit.~ns. Thc 1r-:AW does not present surface water l'lo~.' p:~thway$ between water b~]dic.,; on the .~itc an~l only presents subwatcrshctl boundaries with thc boundi~rics of the golf course fi:drv,.i~y pl~n. Thc EAW indicates that three acres of imlaecvious surfc~ce will b~: created as n resuh df thJ.~ project. The EAW al.~o indit:ates an estimated 3.8 million gallons of irrigt~tJon v..ater will applied to 140 acre~,~ et' the proposed project arcs on ~ wrcekly basis Ihllowing ifc ¢onstrt~clinn, Site irrigation can be e×pccted to contribute to Ihe transport .of fertilizers and ix:sticjd¢$ from SD, l, BY' ~-2~-fl2 ' 1'~' 10P.~: ' .~ETRO COU.XCIL- 612 t~t7 -t2~:r, tO'lZ H~eir application area cither through surt'acc water runoff t)r [round w;iter moventcnt Ihrou~h Ibc soil~ [o water bodies un thc site. Thc EAW also indicates thttt a lea.inch diameter ground water well ~ll be inst~lled ~or water use in the pro~3sed clubhouse ~nd maimcn.~fi~ /'acilitic~. No volume or design criteria Js mdicaled for water consumption trom ~hi~ well. but all flow will he directed tu an on-sim septic system t~r dispos~fi which will all,ct the ground ~'a/er flow and will prcsumahly affect thc surface w:~tcr runoff in thc subwa[crshed in which it is [o ~ conslruc~cd. The ~.qstcwater facility has subsequently been ~ized LO trci, t 6,71~'} gallons per d;,y. Two lakes arc aim proposed to be constructed on the site. No inibrm;~tion is supplied to indicate their design. or amount of ground or surf, ce water that will be necessary Lo maintain planned w~,ter ~url~ce icveb. Eighteen stormwater runoff' p, nds are proposed tbt constructkm to deal with sim runofL .~1 five of t~ese site changes: additi~m of impemious surfi~ce, site irrigation, ~pplicafioa of waslcw~rers, 18kc level ~mgmcntatjon, and construclion or' s[ormwater ponds and caleb hasin sy~tem~ will ~lter thc h%lrolng~c s~em of this proposed site ~rea. and their cumulative effect t,n site runoff h~s not been evalu~ted in IhJs EAW. ~e EAW ~lso does not uvalu~tc thc dis~ition of the remaining 39.1.9 acres on thc site To be a complete d~)cumcnl, the w,wk~hcct sh~mld evuluatc the potemial impacts of ~onstructitm ~'~f this proposed project by presenting an evaluation of thc quality ~nd qum~ti~y or' runoff by subwatershcd both belbrc m~d after construction. (b) Exhibit G identifies numerous existing drainageway~ leading la lakes and wethmds, both on and off the Sgu.acre site. All runoff leaving thc site will first enter Prior Lake, a pri,rity lake of t~e Council, and ullim.',lely the Minnesota River. Of special concern with thc Minnesota River L,¢ the 1990 U.S. EPA and MPC.& mandate that nonlmJnt pollution in the Minnesota River be rea. Juced by 40 percent by July I, 1996, fram 1980 levels to mcct state water qualigy stambrds. The EAW indicates th~a "gnlf cot~rse runoff water will be controlled and treated when accessory, bc:fi~re it Js di.~ch,rged both into the. receiving w~ter.~ and o['t' site, and ~hrough thc construction of depressions to detain the flow so Ih~t w~der filters into thc wetlands." In light of the significance or.' ~h¢ fired disposition of runol/f I"mm this prupnsed project .qtc, and to accurately and completely represent the rcquiremem~ I'{~r proper surface water runoff measures ncccss~ry to maintain both un.site and off.site water quality t.'ollowing construction or' the proi~oscd project, the locations, dimensions, and design capacities and elTicicncies of ¢let~ntio,~ basins should be presented as ~ part of thi~ worksheet. While proposed locations for ~tormw,jter runoff basins have been no,cd -n a subsequent submittal, no design inl'orm~fion has been submitted fi~r thc ba.~ins. Thc pr, jeer ~s proposed may be inconsistent with policy 1-1 of the Council'.~ Wastewaler Treatment ami Handling l~oJic3, Pltm which states the nccd m comrol mmpoinl sources or' pollution to Ibc Minnesota River. .as thi.q project has thc pulential to degrade thc water quality in Prior Lake. a numeric~,l nutricnt budget analysis was idcntil'ied as necessary' to adequately characterize the exte~lt of.' thc potential impact. A situ nutrient budget analysis was submitted that compares tile existing condition t, future (whh project) condition movement ol' thc pkmt nutrient plmsphorus as a component of runoff on the proiect site. Assumptions made in the nutricm ~malysis do mn accun~tcly reflect lhe present condi6ons on the site as presented in thc EAW. The budget ~mfl~is has calcubtcd runoff by assuming that the existing site con~ists of 130 acres or row crops, farmed in str~dgh[ rows, each year on thc entire site. An accurate porir~yal of existing conditi(ms would have evaluated the cover types Ibtcd in thc EAW of IO'l ~cres of existing cropland and 70 acres of w~x. h ,dso would have averaged with the mw crop runoff figure, lhe lower level or' runoff that would be expected to (~cur on the SE.qT, BY: 9-2-t-92 ' 12'10P.~I .~IETRO COL.XCIL-' 612 -1-t7 -12t.S'¢ll: 1'" cropland as a result at' its usc for alt'alfu $0 percent nf thc time, as noted in the t¢~t of the analysis hut not factored into the runoff calculmion estimate. This cl:il'ification ~uuld reduce the total runofl' estimate under c×isting conditions as pre~cnled m the analy,d:; by over 4U l~s'ccnt according to st,'ff[3 calculations. Thc analy.~is also docs not address the [x~tcnti:,l effect-~ of _~ile irrtgation and the proposed use of the catch basin and stormwater runoff pond s~.'stem, anti their potential For conveying nutrient-laden runoff either ot't'-sitc or to wetland basins on-site. 19) (a) The EAW indicates the clubhouse and maintenance facilities will generate waatev,'atel'. The original EAW document wits incomplete in that it did nnt indicate either source streams or itemized or total quanlities of wastewater anticipated. Subsequently on Sept<tuber 4. 1992, preliminaD,, on-site system design information was submitted for this propo,,,<d project. Approxim~lely two ~cres of land will be necessary tar siting of the primary and sccondas~, drain[Jclds. A.,; currently sized, the 6700-gallon per day facility will not requirc ;,n MPCA state disposal s?tem permit. I-tnwc. vcer. cluhhouse facility plans and service c;~pacities should bc closely reviewed pricer to final design to prevent potcntiai overloading and premature failure of the ~ystem. Drainfield areas should bc sited immedii, tcly so they can be fenced off to prcvcnl compaction during grading activities. They should also bc ailed h~ areas that will not Im irligated or be impacted by surficial mnofL 'f'ransportathm (Ann Braden) 'l'he traffic section of Ihis £AW StalC.,s ti'mt thc golf course will have 150 parking spaces and generate 200 trips per day. It does not cite thc source of this estimate. The Institute of Traffic Engineers Trip Generation Manual ~,4th Edition) shows tha~ based on rates l.,'cr parking spaces, a golf course, with 150 parking spaces is likely to generate an average at' 993 tt'ips on a weekday, 885 trips on a Saturday and 900 trips on a Sunday. Thc developer~ have c.xplaincd in subsequent mcclings that the number of trips will bc controlled by the number ,f rounds allowed to be played. (A cursory analysis at' the 200 ADT wtmld calculate out to an average of 25 rounds per day ,,,.'/th a 24 minute intcrv,d between rounds.) Figures for peak hum traffic gener, tion arc also availahic from the lrip generation manual. Using this information, the EAW should have analy, ed peak hour tYaffic impacts on the existing road system. The EAW also states that the most recent traffic count on Mystic Lake Drive (CR 8.'t) was done in 1990 and averaged 4,050 car.% but this Figure has changed since the opening of Mystic Lake Casino. A more recent traffic count on CR 83 t~tken in 1992 indicates 15.52,~; cars. The EAW includes an Exhibit B, de.~cribcd as the "Future Highway System tbr Scott County Transportation Cx)alition." This map was taken [rom one at' thc Coalition's newsletters. It does not indicate how trail, lc will access the: site bet'orc Ibc Shakopee Bypass and CSAH 18 bridge are built. A current map of thc county road system would be mare informative. Otherwise, it gives the impression that thc site is mc~rc accessible via metropolitan roads than it actually is. It is unlikely that the golf cour.~e as proposed will have irnpacts on the ~nctropolitan highway transportation .~ystcm. Hc~wcvcr, coupled with the Casino traffic and the anticipaled related development--residential, commercial nnd office uses--them may bc cumulative impacts. Of special regional intcr¢:.~t will bc any impacts tm the intcrch:mge at CR 83 and thc Sh~kapec Bypass. l.and use changes associated with the development should he monitored closely, and an adequate level of traffic analysis ,qhould bt: prepared for any I'uture proposals. !1 SEN~.E"r" 8-2t-32 '12:117~1 ' ~IETKO CuL~CIL- 612 447 ~2t5::12 i£ l',,rks (Florence Myslajck) 'lFher¢ arc two regional park tacilitics in ~hc: arc':', of the proposed golf course--Spring Lake Regional Pt~rk ;~n~l Scott Ct unty Rcgi0nal Tn~il. Thc northern b0und~sn/of Sprintz Lake Regbnal ?~rk extends into thc: scct~c~n .~outh of thc site. Construction or' the golf ct~ur:.¢ should not pose problem fi~r the connection or' ~h¢ rc.gional trail from the northeaslcrn corner or' thc park lo CR 8.'4. This proposed project ,,,'ill have no irnpnct on rcgion~tl recreation t~ltl upon space. 12