042803 CC WS Min
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, APRIL 28, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
9:00 P.M.
MINUTES
1. CONVENE WORK SESSION MEETING
Councilmember Garfunkel called the Work Session meeting to order at 8:58 P.M.
A.
Roll Call
Present:
Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Engineer Brown; Finance Director Burton; and Planning
Director Nielsen
Absent:
Mayor Love
B.
Review Agenda
2. NPDES II
Engineer Brown stated that Phase IT of the National Pollutant Discharge Elimination
System (NPDES) was controversial and in constant debate due to its dramatic impact
upon city processes. The City of Shorewood took advantage of the appeals process and is
awaiting the final status of these rules as other cities oppose them in court. However,
there is still expense involved in Phase IT since it requires the training of city officials, a
newsletter regarding pollution prevention and erosion control, mandatory ordinance
amendments, and annual documentation regarding erosion control that documents the
City's progress in achieving its defined goals and objectives. Engineer Brown requested
that the City Council pass a resolution holding him harmless if a case of personal liability
is brought against him so that the City would defend him should any litigation be
personally brought against him.
Administrator Dawson stated his full agreement with Engineer Brown regarding the
liability issue.
Councilmember Turgeon asked Engineer Brown about the run-off controls and possible
changes in the required silt fencing.
Engineer Brown stated that the Watershed District was responsible for evaluating the silt
fencing although uncertainty remains concerning who will be responsible for the
supervision of the mandated erosion controls.
Councilmember Turgeon asked if public works staff would be trained to maintain erosion
control.
WORK SESSION MEETING MINUTES
April 28, 2003
Page 2 of3
. Engineer Brown stated that it was possible although it would require an extensive amount
of training and additional costs.
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Councilmember Zerby asked about a public education program to inform people of the
drainage to the lake from city drains.
Engineer Brown stated that there was no alternative to the street run-off to the lake as the
run-off is not permitted to drain into the sanitary sewer system.
Councilmember Turgeon asked when these public works actions need to be implemented.
Engineer Brown stated that there were some actions that needed to be undertaken in
2003, but most of them were geared toward 2004.
Councilmember Lizee asked about the sources of funding for these mandates.
Engineer Brown stated that the costs would need to be absorbed by the City as there were
no outside sources of funding put forth by the state or the federal government.
Administrator Dawson noted that the City's Stormwater Utility is a possible revenue
source.
3.
SANITARY SEWER SYSTEM POLICIES
Engineer Brown discussed the implications of a recent failure of a lift station in which a
resident's basement became flooded with sewer water. He stated that because the failure
was not due to any negligence on the part of the City, it is not liable to pay for the costs
of the clean-up. He also stated that homeowner's insurance will not cover sewer backup
damage unless the homeowner has purchased a specific rider. Engineer Brown
implemented a "customer service" approach to this situation and brought in Service
Master to remove the waste water and damaged carpeting along with disinfecting the
basement. These costs would be minimal to the City because the City's insurance carrier
refuses to pay clean-up costs when there is no negligence on the part of the City.
Engineer Brown also stated that the auto dialers that were approved earlier in the meeting
would assist in preventing another failure of a lift station. He suggested that the City
promote an education campaign regarding lift stations and the liability of homeowners in
the case of another sewer backup or similar circumstances in which the City is not
negligent.
4. STORMW A TER POLICIES AND OBJECTIVES DISCUSSION
Engineer Brown provided the Council with a copy of the revised and updated Stormwater
Management Plan. Hennepin Conservation District conducted a Functions and Values
Assessment for Wetlands that has been incorporated into the Stormwater Management
Plan. This plan had been submitted to the Minnehaha Creek Board and the Met Council
for their review process pending final approval. Engineer Brown also stated that he was
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WORK SESSION MEETING MINUTES
April 28, 2003
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in receipt of a draft of the study of stormwater management for the Harding Lane/Glenn
Road area although he has yet to peruse the study itself.
5. ADJOURN
Turgeon moved, Zerby seconded, adjourning the Work Session meeting of April 28,
2003, at 9:33 P.M. Motion passed 4/0.
RESPECTFULLYSUBNUTTED,
SUSAN FISCHER
Recording Secretary