12/08/2003 - City Council Special~.
AGENDA
SPECIAL CITY COUNCIL MEETING
MONDAY
DECEMBER 8, 2003
5:30 P.M.
CITY COUNCIL CHAMBERS
EAGAN MiTNICIPAL CENTER
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
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III.
EAGAN WEB PAGE DEMONSTRATION
'p 3 IV. PROPOSED 2004 BURNSVILLE /EAGAN
TELECOMMUNICATION COMMISSION AND COMMUNITY
TELEVISION BUDGETS
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V. CIP PART I /FIRE STATION IMPROVEMENTS
l~ VI. JP 47 /ALUM DOSING -FISH LAKE AND BLACKHAWK LAKE
PHOSPHORUS FERTILIZER LAW STUDY UPDATE
VII. OTHER BUSINESS
VIII. ADJOURNMENT
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city of eagan
MEMO
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMII~TISTRATOR HEDGES
DATE: DECEMBER 5, 2003
SUBJECT: SPECIAL CITY COUNCIL MEETING /MONDAY, DECEMBER S, 2003
A Special City Council meeting is scheduled for Monday, December 8, 2003 and will be held in the
City Council Chambers to better accommodate the number of residents who may appear for the JP
47 /Alum Dosing agenda item. There were more than 100 notices sent to property owners adjacent
to Pond JP 47, Pond JP 5, Fish Lake and Blackhawk Lake.
A light lunch will be served at 5:00 p.m. in the upstairs lunchroom.
/s/ Thomas L. Hedges
City Administrator
III. EAGAN WEB PAGE DEMONSTRATION
Since receiving Council approval in January 2003, across-departmental team of City staff has
been working extensively with two vendors to completely redesign the look and functionality of
the Eagan Web page.
That work is nearing completion and prior to launch later this week, the Communications
Department wishes to demonstrate the site improvements for the City Council.
A few of the specific improvements include:
• The addition of a powerful content management system (CMS) providing for more consistent
display of information, easier searching, and the automatic removal oftime-stamped
information
• The inclusion of a third way of fording information with helpful drop down menus designed
with the user in mind and specifically to make access to information more intuitive
• The creation of a bold and attractive design to more professionally "brand" the City of Eagan
• The inclusion iri the design of greater promotion of upcoming events and activities with more
links to helpful information
• The installation of extensive Web site administration technology that allows multiple staff
experts using simple Word-based tools to more quickly update information rather than rely
on an outside contractor.
Over the next few months as staff training occurs regazding the new CMS tools, additional
capabilities-including the creation of listserv menus where residents can request automatic e-
mails of agendas and minutes, online surveys, e-permits, etc. will be added to the Eagan Web
site.
The City of Eagan is now well-positioned with a flexible platform to which future Web
improvements and/or e-government initiatives can be added. Director Garrison and
Communications Coordinator Foote will briefly present the new Web site and answer questions.
There is no fiu ther direction required; this agenda item is intended as a City Council and
community update.
~,
IV. PROPOSED 2004 BURNSVILLE / EAGAN TELECOMMUNICATION
COMMISSION AND COMMUNITY TELEVISION BUDGETS
The proposed Cable Commission budget and the Burnsville Eagan Community Television
operations budget for 2004 are coming before the Eagan Council for consideration and review.
The matter was eazlier favorably reviewed by the Burnsville City Council on November 25, and
is slated for final adoption on December 15. Eagan splits equally with Burnsville those costs
over and above what PEG access fees cover. The proposed total Eagan contribution in 2004
(from franchise fees) is essentially the same as last year (down not quite $2,700.)
The Communications and Finance departments of both cities have worked with Mark Hotchkiss,
Program Manager of Community Television, to develop the 2004 budgets and begin a proposed
five-yeaz budget framework that will be reported back to both city councils in the first quarter of
the year.
Key elements of the proposed budgets outlined on pages ~ to ~ of this packet are:
• Expenses aligned with actual cost centers and accounting based on current operational model
• In general, budgeted amounts for the Telecommunications Commission going down and
Community Television going up reflective of true operational costs.
• A $192K decrease in the BECT fund balance with a corresponding $150K increase in capital
expenditures to begin replacing aging equipment, primarily in the 20-yeaz-old Mobile
Production Van.*
• A reduction in staff and facility hours to address flat growth in cable subscribers
The 2004 budget will allow continued quality public service programming and access while
providing professional advice to complete afive-yeaz business and capital equipment plan to
lower costs, raise revenues, and fund priority equipment replacement.
DIRECTION TO BE CONSIDERED:
• Adopt 2004 Burnsville / Eagan Community Television and Telecommunications Budgets, or
in the alternative,
• Refer final action to the December 16 regular City Council meeting on either the consent or
regular agenda.
*Though 2004 capital expenses will be drawn from fund balance, no expenditure will be made until 5-year plan presented to the
Councils in each city.
3
2-004-BLDG-E~iJ1Yi '~-~
BURNSVILLE/EAGAN COMMUNITY TELEVISION
BACKGROUND
2003 Total Adopted Operations Budget $ 763,080 Capital 37,300
2004 Total Proposed Operations Budget $ 780,287 Capital 188,000*
Total $17,207 $150,700
Burnsville/Eagan Community Television (BECT) is operated under a Joint Powers Agreement, funded
by cable subscribers in the form of a monthly PEG fee which is based on number of subscribers and
through Franchise Fees, which are based on 5% of company gross revenue. Flat growth in number of
cable subscribers has impacted BECT revenues. The cities have committed additional Franchise Fee
contributions to compensate the revenue vs. expenditure gap and are requiring an exhaustive, long-term
review of BECT operations to ensure viability into the future. A Five Year Operations and Capital
Improvements Plan is currently under development and will be presented to the Council for approval in
early 2004. In the interim, the Council must approve a 2004 budget which takes a conservative approach
and positions BECT for future decision making. Highlights include.
1. Reclassify positions and reduce 1.5 FTE
Consequence/Impact: The BECT budget gains $68,000 from reclassifying television production
positions, internal transfers and re-evaluating the secretarial support position. The net effect is a
reduction from 11 FTE to 9.5 FTE and a reduction in facility hours for public access
programming from 70 to 53 per week. The City of Burnsville's Television Production Specialist
position, now vacant, will be filled with an internal transfer. Other savings come from reducing
the secretary position to half-time and aone-time downward pay range adjustment to the News
and Information Coordinator position.
2. Fund Year One of Five Year Capital Improvements Program
Consequence/Impact: Necessary equipment purchases, delayed due to budgetary concerns, will
resume in 2004 through the creation of a 5 year Capital Improvements Plan. Year 1 of the plan
calls for $170,000 in purchases, primarily to support the Mobile Production Van. The plan is
under development, in full cooperation with the finance departments from each city, and will
come before the City Council for review in early 2004.
3. Increase in electrical cost budget from $3,500.00 to $12,000.00.
Under the previous lease, the cable company occupied the building and was responsible for
electrical costs. Now that the cable company no longer occupies the building, BECT is
responsible for these costs.
4. Increase in Professional Services from .00 to $10,000.00.
It is clear that as BECT prepares five year business and capital equipment plans that it must find
away to replace aging equipment while significantly lowering costs and raising revenues.
Consultants will determine the lowest cost option(s) for location of the BECT offices, and
determining the most cost-effective, highest priority equipment replacement strategy within the
available budget. Staff concentration in 2004 will be directed toward initiating revenue
enhancement opportunities, including tower rental, advertising, and fee for services.
* 2004 Capital budget will be drawn from BECT's saved funds. The Councils in each city will be presented with the 5 Year
Business Plan and the 5 Year Capital Equipment Replacement Plan before capital equipment is purchased in 2004.
--2oo~B~D GE~s UM~A~~
BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION
BACKGROUND
2003 Total Budget $ 115,270
2004 Total Proposed Budget $ 57,250
Total $ -58,020
Burnsville/Eagan Telecommunications Commission is fully funded by Cable Television Franchise Fee
contributions from both cities. The 2004 commission budget has been streamlined to reflect actual costs
in the cost centers where they occur. Personnel costs attributable to BELT operations have more
properly been relocated in the Burnsville/Eagan Community Television Budget resulting in a sizable
reduction in expenditures in this budget. Budget highlights include:
1. Improved Administration
Consequence/Impact: Formal administration of cable franchise matters will be centralized with a
legal expert allowing staff to focus more on production. Commissioners should receive improved
communication.
2. Training Opportunities for Commissioners maintained
Consequence/Impact: The budget calls for $2000 for commissioner training, which would allow
for attendance at local conferences. Commissioners had expressed an interest to attend national
conferences. Since both cities have cut back on out-of--state travel, it was recommended to allow
for training opportunities locally.
3. Memberships in NATOA and MACTA maintained
Consequence/Impact: The cities will be represented by the lobbying efforts of the National
Association of Telecommunications Officers and Advisors and the Minnesota Association of
Cable Television Administrators which keep the cities and the commission well informed of
national developments.
4. Budget Alignment
Consequence/Impact: The commission budget now reflects the true cost of the commission,
allowing for better decision making and evaluation of commission expenses. Previous years
budget had commission expenses lumped with community television expenses.
Future items for consideration
The appointment of a contract administrator will need to be carefully monitored to assure value
for the money paid and performance in alignment with council goals. If the cities were to
expand the portfolio of the Commission beyond monitoring the Cable franchise and service
delivery delivery to include telecommunications, broadband or other issues, funding levels
would need to be reevaluated.
V. CIP PART I /FIRE STATION IMPROVEMENTS
The five (5) year Part I CIP for 2004 - 2008 includes five (5) Fire Depaztment capital building
projects. Three (3) of those projects are proposed for 2004 including; 1.) The addition of
ventilation to the basement area, installation of restrooms/shower facility for the Fire
Administration Building at an estimated cost of $90,000; 2.) Reconstruction of the parking lot at
Fire Station No. 5 at a cost of $50,000; and 3.) Renovation at Fire Station No. 3 that would
include a new roof, new carpet, expansion of the dispatch room and north bay to accommodate a
second vehicle at a projected cost of $325,000. The justification/need analysis is described in the
attached detail on pages ~ through ~. The other projects include a training site for live
bum of vehicles, confined space traimng, hazazdous materials training and car extrication in
2006; however, the projected cost and funding source aze undetermined at this time. The final
improvement is a proposal for Fire Station No. 6 estimated at $3.5 million including land,
building and equipment with the year and funding source undetermined at this time.
Historically, new fire stations and related equipment have been funded by general obligation
bonds following a successful referendum.
As a reminder, the overall five (5) year CIP is broken into three (3) parts; Part I, which are capital
building projects that do not have an identified funding source; Part II, which is the new and
replacement vehicle portion of the CIP; and Part III contains park improvements primarily
funded from Park Site Fund and all public utilities and streets that are covered from the various
enterprise and street reconstruction funds.
The three projects that are proposed for 2004 total $465,000. It appears that there are a wide
range of public policy issues associated with the overall request such as the restroom/shower
facility in the basement of the Fire Administration Building and the expansion/renovation of Fire
Station No. 3. Representatives of the Fire Department will explain further the purpose and
choices at the meeting on Monday.
There was legislation approved in the 2003 session that appeazs to authorize cities to issue capital
improvement bonds without a referendum for certain purposes. If there is a desire of the City
Council to consider these projects further for calendar 2004, it would be appropriate for the City
Administrator to pursue a legal opinion if the issuance of capital improvement bonds is to be
fizrther considered.
The General Renewal and Replacement Fund could be considered as a small funding source for
some of the proposed improvements. That fund will have a balance of approximately $250,000
at 12-31-03. There is no additional tax levy directed to that fund for taxes payable in 2004.
The purpose for this discussion and meeting is to receive additional information from the Fire
Department regarding the three (3) proposed capital projects and provide additional staff
direction on each of the projects including a funding source.
L~
2004 - 2008
FIRE DEPARTMENTS
CAPITAL IMPROVEMENT BUDGET
PARTI
The following are the Fire Departments proposed budget items for 5-year Part I C.I.P. for 2004
through 2008. The Fire Department Executive Board has formatted the following list.
#1 PROJECT: FIRE ADMINISTRATION
Project Year 2004
Description: This project would involve adding ventilation to the basement area,
installation of a restroom /shower facility.
Justification /Need Analysis: Due to the lack of ventilation in the basement
area items are becoming musty. Firefighters who use the workout area do not
have adequate ventilation and/or air exchange. Adding a restroom shower area
would benefit the firefighters who use the work out area. Adding these
improvements will prolong the life of the building and supply ventilation for those
who utilize the area.
Project Cost: Estimate $90,000.00
Funding Source: General building fund
#2 PROJECT: Fire Station #5 Parking Lot Reconstruction
Project Year: 2004
Description: This proposed project includes the reconstruction of the parking lot
at Fire Station #5. This involves the installation on concrete aprons, additional
curb along the east side of the drive, access to Plaza Drive and replacement of
blacktop and base where needed.
Justification /Need Analysis: The parking lot is breaking up and pooling of
water outside of the overhead doors, There is no curb along the east side of the
driveway. Added access to Plaza Drive will allow additional access to Galaxie
Avenue for of fire apparatus.
Projected Cost: $50,00.00
Funding Source: Major Street Fund
#3 PROJECT: Fire Station #3 Renovation
Proiect Year: 2004
Description: This proposed project includes the renovation of Fire Station #3 to
include a new roof, new carpet, an expansion to the dispatch room and the North
Bay to accommodate a second vehicle
Justification /Need Analysis: The roof on Fire Station #3 is 22 years old and
needs to be repaired. The carpet is also worn and should be replaced. The
dispatch room expansion is needed due to the lack of space, visibility of arriving
and departing fire equipment and an expansion of the north vehicle bay to
accommodate a second vehicle will make better us of the station.
Proiected Cost: $325,000.00
Funding Source: General Fund
#4 PROJECT: Training site Construction
Proiect Year: 2006
Description: This project involves the construction of the training facility for live
burns of vehicles, confined space training, hazardous materials training, and car
extrication.
Justification /Need Analysis: Due to the increase of development in the
community a training facility needs to be constructed where smoke and
congestion will not affect residents. This facility will supply this need while still
performing structural burns in the ABLE facility.
Proiected Cost: undetermined at this time.
Funding Source: Undetermined at this time.
#5 PROJECT: Fire Station #6 Construction
Proiect Year: Undetermined
Description: This project involves the purchase of land, equipment and
construction of the sixth fire station in the community to be located in the area of
Wescott Road and Lexington Avenue.
Justification /Need Analysis: Due to the continued growth in the community,
an additional fire station located at the Wescott Road and Lexington Avenue
would improve response times to fires in that quadrant of the city along with
meeting the requirements of ISO to maintain our low insurance rating.
U
Projected Cost: Estimated $3,500,000.00
Includes land, building and equipment.
Funding Source: Undetermined at this time.
VI. JP 47 /ALUM DOSING -FISH LAKE AND BLACKHAWK LAKE
PHOSPHORUS FERTILIZER LAWN STUDY UPDATE
During the past ten (10) years, the City has focused water quality resources on public information
and education, water management strategies and capital improvement projects to improve the
water quality of Fish Lake and Blackhawk Lake. Since the 1998 construction of a "pilot" alum
dosing facility next to Hurley Lake, the City has been evaluating the affects of the facility and the
water quality of Fish Lake and downstream water bodies.
The dosing facility, under permit by the state, operated from 1998 through 2001. For the past
several months, staff and the City Council have discussed whether to reopen the alum dosing
facility for operation or look at other alternatives to provide wetland mitigation.
The City held a public information meeting on October 1, 2003 with residents near City Pond JP
47. The purpose of the meeting was to provide a summary of the affects that the dosing facility
would have on JP 47 and surrounding water bodies. Due to the impact that this project could
also have on the property owners surrounding Fish Lake, JP 5 and Blackhawk Lake, the City
Council directed a letter be sent to all property owners surrounding these water bodies to attend a
public meeting on December 8, the upcoming Special City Council work session, to learn.more
about the proposed project and how it would affect their water bodies.
There is no action requested or required at the December 8 workshop. The purpose of the
meeting is to provide additional clarification by the City Council on the dosing facility and other
alternatives as well as input from those being noticed in the JP 47, JP 5, Blackhawk and Fish
Lake area. For additional information on this item, refer to a copy of the letter and other G
information that was provided in a recent Informative packet found on pages ~~ through ~0
DIRECTION TO BE CONSIDERED:
To provide direction to staff regarding any additional study, review of alternatives regarding
wetland mitigation for JP 5, JP 47, Fish Lake and Blackhawk Lake water quality management.
Also, at the direction of the City Council at the November 18 Listening Session, the City
Administrator's office was directed to contact the City of Shorewood to discuss the status of the
phosphorus fertilizer law and further draft correspondence to Representative Cox and the City's
legislative delegation to seek a permanent ban on both the use and sale of phosphorus fertilizer.
Assistant to the City Administrator Lord contacted the City Administrator at Shorewood and for
a summary of Mr. Dawson's comments about the state law that was enacted in April 2002 which
restricts to use of fertilizer containing greater than 3% phosphorus, refer to pages ~ through
~. For a copy of "draft" correspondence to other cities that passed resolution in favor of
phosphorus restrictions, Representative Cox and the City's legislative delegation, refer to pages
through.
DIRECTION TO BE CONSIDERED:
To provide direction to the City Administrator regarding the proposed correspondence asking the
legislature to consider a ban on the sale and use of phosphorus.
~~
city of pagan
PAT GFacAN November 24, 2003
Mayor
Dear Eagan Resident:
PEGGY CARLSON You are receiving this letter because your property is located next to either City Pond JP-
CYNDEE FIELDS 47 (directly east of Fish Lake Park on Denmark Avenue), Fish Lake, City Pond JP-5
MIKE MAGUIRE (Kingswood Ponds subdivision), or Blackhawk Lake. These water bodies are connected
by the storm sewer system that drains from east to west (see enclosed map).
MEG TILLEY
Council Members Please be advised that the Eagan City Council is having a special workshop on December
8, 2003, which will include a discussion regarding a capital improvement project that
affects the lakes and ponds around your homes. The discussion is scheduled to begin at
THOMAS HEDGES approximately 6:30 p.m. in the City Council Chambers at Eagan City Hall, 3830 Pilot
City Administrator Knob Road.
For over ten years, the City has been focusing resources on public information and
education efforts, water management strategies, and capital improvement projects to
Municipal Center. improve the water quality of Fish Lake and Blackhawk Lake. Since the 1998 construction
3830 Pilot Knob Road of a "pilot" alum-dosing facility next to Hurley Lake (see map for location), the City has
Eagan, MN 55122-1897 been evaluating the effects of the facility on the water quality of Fish Lake and
Phone: 651.675.5000 downstream water bodies.
Fax: 651.675.5012 phosphorus is the major nutrient that readily supports algae blooms and excessive aquatic
TDD: 651.454.8535 plants that degrade lake water quality. The alum-dosing facility adds alum directly to the
storm sewer system where the alum binds with phosphorus in the stonnwater, thereby
Maintenance Eacihty~ __ _-_ _removing_the_phosphorus_before it enters_ downstream_water_bodies.- A pilot facility was
built next to Hurley Lake because a majority of the stormwater phosphorus going to Fish
3501 Coachman Point Lake and downstream water bodies flows through this pipe. The dosing facility, under
Eagan, MN 55122 permit by the State, previously operated from 1998-2001. Currently, the pilot dosing
Phone: 651.675.5300 facility is not operating; however, the proposed capital improvement project that is under
discussion would reopen the alum dosing facility for operation.
Fax: 651.675.5360
TDD: 651.454.8535 The City held a public information meeting on October 1, 2003 with residents near City
Pond JP-47. The purpose of the meeting was to provide a summary of the affects that the
www.ciryofeagan.com dosing facility would have on JP-47 and surrounding water bodies. Due to the impact that
this project could also have on the property owners surrounding Fish Lake, JP-5, and
Blackhawk Lake, all such property owners are being invited to the upcoming meeting on
December 8. Attendees of the meeting will be provided a brief background on the
proposed project and will be given the opportunity to dialogue with the City Council
THE LONE oAK TREE about the affects the project could have on the water bodies.
The symbol of strength
and growth in our
community `
Dear Eagan Resident, November 24, 2003, Page 2
I encourage you to attend the December 8 City Council workshop, at which the City Council will
be discussing whether to begin operating the dosing facility. As a point of clarification, should it
be the decision of the City Council to begin operating the dosing facility, funding for the facility
would come from a dedicated account comprised of fees collected from residential and
commercial developers that did not meet all City water quality ponding requirements on-site. In
short, no Eagan residents would be assessed for the project.
If you have any questions about the upcoming special meeting with the City Council, please feel
free to contact me at (651) 675-5330. The City looks forward to your input.
Sincerely,
Eric Macbeth
Water Resources Coordinator
enclosure
cc: Mayor and Council members
Advisory Parks Commission members
Tom Hedges, City Administrator
Tom Colbert, Director of Public Works
Ken Vraa, Director of Parks and Recreation
David Wright, MN Department of Natural Resources
Mark Tomasek, MN Pollution Control Agency
~a
Fish Lake Watershed: An extensively modified system
• In 1963 -Fish Lake surface area = 18 acres; Watershed area = 120 acres
• In 1983 -Hurley Lake lift station constructed
• In 1994 -Fish Lake surface azea = 31 acres; Watershed area = 3,000 acres (red outlined)
About 2,500 acres of the 3,000-acre stormwater drainage
Blackhawk Lake Fish Lake azea to Fish Lake is conveyed through JP-47.
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-„ ~ l~ r~`~ ~( i% g ~'~'{N~ Z,• ~ ~~ ~`~.°a~~Yyo-LLB ~ Jt~ ~>...,.,
c. ~~ 1 _. ~ ~ r ~'! Y+, G~'r' ~ T fry /~ ~ ~ L '~~
City Pond JP-5 1~a ~ ~ ~ „`!~ a ; , ,i~~.,,'~.v J~ ~. ~--. ~I ~;;.
~ City of Eagan :~ `'. --?,,-r `~' 1 {~' -- '~.. ~~ ,~~ ~~f"~
~; J Watershed .:~ly~. , j ~ (~-°::, 1" ~ ~~~~ .~,V
a o~~'...r.. jCJ^.Ir~~l~,Ji_~ 'S' JP-11~'-'" ~u.zL'_`~.~':
1 ~. ~.~ . ~ ..i!''il'-..-~' U---.~
City Pond JP-47 Generalized Lift Station and
Location of Alum Dosing Hurley Lake
Proposed Alum Facility
Settling Basin
Green lines and symbols are stormwater infrastructures
i3
city of ~ag~n
PAT GEAGAN November 24, 2003
Mayor
Mike and Shei]a Nelson
1440 Diffley Road
PEGGY CARLSON Eagan, MN 55122
CYNDEE FIELDS
MIKE MAGUIRE Deaz Mike and Sheila:
MEG TILLEY Please find attached a copy of the report the City received today from Barr Engineering on
Council Members the sediment coring conducted October 17, 2003 in City Pond JP-47.1, the wetland in front
of your new home on 3720 Denmark Court East. The report summarizes the sampling,
analysis, and results of an effort to evaluate the presence or absence of alum floc=containing
THOMAS HEDGES sediment in JP-47.1.
City Administraror
This report has also been provided to City Administrator Tom Hedges and each member of
the City Council. If you have any questions about the report, please feel free to contact me.
Municipal Center.
Sincerely,
3830 Pilot Knob Road
Eagan, MN 55122-1897 1 ? '
~~'~ .
Phone: 651.675.5000 ~ W
Fax: 651.675.5012 Eric Macbeth
Water Resources Coordinator
TDD: 651.454.8535
attachment
Maintenance Facility:
3501 Coachman Point cc: Mayor and Council members
Eagan. MN 55122 Tom Hedges, City Administrator
Ken Vraa, Director of Parks and Recreation
Phone: 651.675.5300
Fax: 651.675.5360
TDD: 651.454.8535
www.cityofeagan.com
THE LONE OAK TREE
The symbol of strength
and growth in our
community
~ ~}-
Barr Engineering Company
4700 West 77th Street Minneapolis, MN 55435-4803
Phone:952-832-2600 Fax:952-832-2601 www.barr.com
Minneapolis, MN Hibbing, MN Duluth, MN Ann Arbor, MI Jefferson City, MO
Memorandum
To: Eric Macbeth, City of Eagan
From: Barr Engineering Co.
Subject: JP-47.1-Sediment Core Sampling, Analysis, and Results
Date: November 20, 2003
This memorandum provides the results of an evaluation of sediment in the City of Eagan (City) pond designated
JP-47.1. This pond is located adjacent and south of JP-47 and east of Denmark Avenue. The purpose of the
sampling was to evaluate the presence or absence of alum floc-containing sediment. Sediment samples were
collected by the City and Barr Engineering Company (Barr) on October 17, 2003. The samples were delivered to
Braun Intertec (Braun) for total aluminum analysis on October 17, 2003. The analytical results are summarized
in Table 1. Photographs and the analytical lab report are attached.
The City and Barr collected sediment samples from five locations within JP-47.1. The cores were divided into
two samples, i.e., one from each interval of distinct material, as identified in the field from each sediment core.
These intervals (e.g., top and bottom) were sampled to represent the soft surficial sediment and harder native soil
within the JP-47.1 pond. Two analytical samples were collected from three of the sediment cores for a total of
six analytical samples submitted. The samples were analyzed by Braun.
Field observations of the core samples indicated: 1) no visible alum floc layer was identified; 2) the
unconsolidated layer (i.e., all top samples) appeared to be organic; and 3) and the lower aspect (i.e., all bottom
samples) of the core appeared relatively dry based on weight percent water. A review of the analytical data
indicated that the top and bottom samples ranged from 2,400 to 6,400 mg/Kg AI and 7,300 to 13,000 mg/Kg Al,
respectively. Based on the relatively small azea of JP-47.1, these samples are representative of the entire pond.
The analytical results identify greater Al concentrations at the bottom verse the top of the sediment cores. Given
that the existing floc in JP-47 contained approximately 150,000 mg/Kg Al (Barr, 2001}, none of the six JP-47.1
sediment samples are similaz to the JP-47 sample of the alum-containing sediment. Assuming the top JP-47.1
samples aze representative of accumulated sediment and the bottom samples aze representative of native soil,
then the native soil has a greater Al content than the accumulated sediment. Therefore, the monitoring indicates
that relatively no Al impact has occurred at JP-47.1 due to operation of the City's storm water treatment at JP-47.
P:\23\19\770UP47-1 Core Memo 11-20-03.doc
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Table 1
Sediment Samples JP47.1
lty o agan
(concentrations in mg/kg)
Location JP47.1 top JP47.1 top iJP47.1 top JP47.1 bot iJP47.1 bot JP47.1 bot
Date 10/17/2003 IO/17/2003 !10/]7/2003 10/]7/2003 ;10/17/2003 10/17/2003
Lab BRAUN BRAUN ;BRAUN BRAUN BRAUN BRAUN
comp A comp B jcomp C com A ;comp B comp C
i
Solids, °/. 18 30 _ _ i28 65 X67 67
Aluminum
2400
4900 '6400
7700 ',7300 ___
13000
Page 1 of 1
11/20/2003 5:25 PM - CyI,~ `
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Photograph 30
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_ -..~~ :`sue ;~_:_~-'' MEMO
City of Eagan
TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR LORD
DATE: DECEMBER 1, 2003
SUBJECT: PHOSPHORUS FERTILZER LAW AND STUDY
Per the discussion of the City Council at the November 18, 2003 listening session, I spoke to Craig
Dawson, Shorewood City Administrator, at the LMC/AMM metro meeting regarding the Council's
hope for a permanent ban on fertilizer containing phosphorus. In addition to speaking to Mr. Dawson, I
also reviewed the State law that was enacted in Apri12002 to restrict the use of fertilizer containing
greater than 3% phosphorus.
As you may recall, the State chose to legislate the use of phosphorus fertilizer, but not the sale of
phosphorus fertilizer. As of January 1, 2004, persons living in the metro area cannot apply fertilizer (to
turf) containing greater than 3% phosphorus (with few exceptions). The law does not address the sale
of fertilizer containing phosphorus; however, the law provided local governments the opportunity to
enact ordinances that restrict the sale of phosphorus fertilizer, which is what Eagan did in July 2002.
The City's ordinance states the no distributor or commercial establishment can sell fertilizer containing
phosphorus unless there is also clearly available fertilizer containing no phosphorus. Since the new law
goes into effect January 1, 2004, in essence both the use and sale of phosphorus fertilizer have been
restricted.
Tn addition to the phosphorus restrictions that the law enacts, there is also a section of the law that
states:
Subd. 4 [Research Evaluation; Report) The Commissioner, in cooperation with the University of
Minnesota and the University of Minnesota extension service, and, after consultation with
representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall
evaluate research needs and encourage targeted research opportunities to investigate the effects of
phosphorus fertilization of turf on urban stormwater quality. The commissioner must evaluate the
effectiveness of the restrictions on phosphorus fertilizers under this section and report to the
legislature by January 1 S, 2007.
According to Craig Dawson, the above clause was included as a compromise between local units of
government, the representatives of the fertilizer industry, and the Legislature in order to determine the
effect the law will have on water quality, and if necessary readdress the issue in 2007, at which time
data will have been collected over the past three years regarding the effectiveness of the law. In short,
Mr. Dawson strongly suggested that the City of Eagan wait until the study has had a chance to take
place because the legislature made it clear that they would not be further restricting the use or sale of
phosphorus fertilizer until that study is complete.
~q
Phosphorus Fertilizer Law and Study
Page 2
Per the direction of the Council, enclosed are the following letters for your review: 1.) Draft
correspondence to the other municipalities that supported the legislation restricting phosphorus
fertilizer; 2.) Draft correspondence to Ray Cox, who was a strong advocate for phosphorus fertilizer
restrictions in 2002; and, 3.) Draft correspondence to Eagan's Legislative delegation. In addition to
providing the draft letters to the City Council, I think it would be beneficial to inform the Council
about the study provision that was included in the 20021egislation, and the potential challenge that is
ahead in seeking legislation in the 2004 session.
Please let me know if you have any suggestions about the enclosed letters.
~~
Assistant to the City Administrator
~D
city of ~ac~~n
PAT GEAGAN
December 5, 2003
Mayor
PEGGY CARLSON Dear City Council Members:
CYNDEE FIELDS
As you will recall, legislation (SF1555) was passed during the 2002 State Legislative
MIKE MAGUIRE Session that imposed restrictions on the use of lawn fertilizers that contain phosphorus.
MEG TILLEY The legislation provided local units of government the opportunity to enact ordinances to
Council Members restrict the sale of phosphorus fertilizers, provided the ordinance was in place prior to
August 1, 2002.
THOMAS HEDGES The restrictions on the use of fertilizers containing phosphorus, as outlined in the
CiryAdministrator enclosed legislation, will go into effect on January 1, 2004. Like all of you, the City of
Eagan has many valuable bodies of water, and therefore, we all have motivation to see to
it that the restrictions on phosphorus fertilizers are enforced. The City of Eagan
encourages you and your staff to contact the distributors in your community to remind
Municipal Center. them of the new law in place, and if appropriate, the ordinance your community may
have passed regarding the sale of phosphorus-free fertilizers.
3830 Pilot Knob Road
Eagan, MN 55122-1897 Furthermore, to continue our efforts to preserve water quality, I encourage you to contact
Phone: 651.675.5000 your legislators to advocate for a permanent ban on the use and sale of fertilizers
containing phosphorus. As an example, enclosed is a copy of the letter that the City of
Fax: 651.675.5012 Eagan is sending to its State legislators.
TDD: 651.454.8535
I thank you for your support in protecting our valuable lakes and ponds, and hope that
Maintenance Facility: together we can continue to lobby for a permanent ban on the use and sale of phosphorus
fertilizers.
3501 Coachman Point
Eagan, MN 55122 Sincerely,
Phone: 651.675.5300
Fax: 651.675.5360
TDD: 651.454.8535 Pat Geagan
Mayor
www.ciryofeagan.com
THE LONE OAK TREE
The symbol of strength
and growth in our
community
city of ~ag~n
PAT GEAGAN
December 5, 2003
Mayor
Representative Cox
PEGGY CARLSON 413 State Office Building
Saint Paul, Minnesota 55155
CYNDEE FIELDS
MIKE MAGUIRE Dear Representative Cox:
MEG TILLEY
Council Members As a City that is committed to protecting the water quality of our community, I want to
thank you for your continued leadership in seeking restrictions on the use of phosphorus
fertilizer in the metropolitan area. It is the hope and request of the Eagan City Council
THOMAS HEDGES that you will continue your leadership on this issue, and seek a permanent ban on both the
Ciry Administrator use and sale of phosphorus fertilizer.
With the passing of the 2002 phosphorus-free fertilizer legislation, the City is hopeful
that the amount of phosphorus getting into our bodies of water will be significantly
Municipal center: reduced. As you know, the presence of phosphorus, including that found in fertilizers, has
many negative impacts on water quality. Such negative impacts include support of algae
3830 Pilot Knob Road blooms and excessive aquatic plants that degrade lake water quality.
Eagan, MN 55122-1897
Phone: 651.(75.5000 Ir1 an effort to combat phosphorus in the City of Eagan's bodies of water, the City
budgets approximately $20,000 each year to operate an alum dosing facility, which adds
Fax: 651.675.5012 alum directly to the storm water system where the alum binds with phosphorus in the
TDD: 651.454.8535 stormwater, thereby removing the phosphorus before it enters downstream water bodies.
Maintenance Facility: It is likely that the $20,000 budget allocation in Eagan for alum dosing could be reduced
if the use of phosphorus fertilizer significantly decreases as a result of State legislation
3501 Coachman Point banning both the use and the sale of phosphorus fertilizer. Likewise, many other
Eagan, MN 55122 Minnesota communities electing to use alum dosing would see significant cost savings if
Phone: 651.675.5300 the overall amount of phosphorus entering the stormwater systems was reduced.
Fax: 65].675.5360 While the City recognizes that lawn fertilizer is not the only source of phosphorus that
TDD: 651.454.8535 enters water bodies, the elimination of phosphorus fertilizers would be an important step
that the State could take towards preservation of our lakes and ponds. In response to the
State legislation passed in 2002, the City of Eagan enacted an ordinance that restricts the
www.cityofeagan.com
sale of phosphorus fertilizer; however, the message would be much stronger and
compliance would be much greater if the State imposed uniform restrictions on the sale
of fertilizers containing phosphorus in all Minnesota cities.
THE LONE OAK TREE
The symbol of strength
and growth in our
community
Again, on behalf of the City Council, I thank you for your leadership on the issue of
phosphorus fertilizer restrictions. I strongly encourage you to continue your leadership in
the 2004 Legislative session by advocating for a permanent ban on the use and sale of
phosphorus fertilizer in the State of Minnesota.
If you have any questions or if the City can be of assistance, please feel free to call my
office at 651/675-5001 or the City's Water Resource Coordinator, Eric Macbeth, at
651/675-5330.
Sincerely,
Pat Geagan
Mayor
a-3
city of pagan
PAT GEAGAN
December 5, 2003
Mayor
Representative Wilkin
PEGGY CARLSON 551 State Office Building
CYNDEE FIELDS St Paul, MN 55155
MIKE MAGUIRE Dear Representative Wilkin:
MEG TILLEY
Council Members As you will recall, legislation (SF1555) was passed during the 2002 State Legislative
Session that imposed restrictions on the use of lawn fertilizers that contain phosphorus.
While the legislation was a step in the right direction, the City of Eagan is hopeful that
THOMAS HEDGES the State will take the next step by imposing a permanent ban on both the use and sale of
City Administrator lawn fertilizers containing phosphorus.
With the passing of the 2002 phosphorus-free fertilizer legislation, the City is hopeful
that the amount of phosphorus getting into our bodies of water will be significantly
Municipal Center. reduced. As you know, the presence of phosphorus, including that found in fertilizers, has
many negative impacts on water quality. Such negative impacts include support of algae
3830 Pilot Knob Road blooms and excessive aquatic plants that degrade lake water quality.
Eagan, MN 55122-1897
Phone: 651.675.5000 In an effort to combat phosphorus in the City of Eagan's bodies of water, the City
Fax: 651.675.5012 budgets approximately $20,000 each year to operate an alum dosing facility, which adds
alum directly to the storm water system where the alum binds with phosphorus in the
TDD: 651.454.8535 stormwater, thereby removing the phosphorus before it enters downstream water bodies.
Maintenance Facility: It is likely that the $20,000 budget allocation in Eagan for alum dosing could be reduced
if the use of phosphorus fertilizer significantly decreases as a result of State legislation
3501 Coachman Point banning both the use and the sale of phosphorus fertilizer. Likewise, many other
Eagan, MN 55122 Minnesota communities electing to use alum dosing would see significant cost savings if
Phone: 651.675.5300 the overall amount of phosphorus entering the stormwater systems was reduced.
Fax: 65].675.5360 While the City recognizes that lawn fertilizer is not the only source of phosphorus that
TDD: 651.454.8535 enters water bodies, the elimination of phosphorus fertilizers would be an important step
that the State could take towards preservation of our lakes and ponds. In response to the
State legislation passed in 2002, the City of Eagan enacted an ordinance that restricts the
www.ciryofeagan.com sale of phosphorus fertilizer; however, the message would be much stronger and
compliance would be much greater if the State imposed uniform restrictions on the sale
of fertilizers containing phosphorus in all Minnesota cities.
THE LONE OAK TREE
The symbol of strength
and growth in our
community
~~
Again, on behalf of the City Council, I thank you for your commitment to our community
and strongly encourage you to continue your leadership in the 2004 Legislative session
by advocating for a permanent ban on the use and sale of phosphorus fertilizer in the
State of Minnesota.
If you have any questions, please feel free to contact the City at 651/675-5001.
Sincerely,
Pat Geagan
Mayor
cc: Representative Wardlow
Representative Pugh
Senator McGinn
Senator Metzen
as