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031405 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 14, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers, Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Associate Attorney Mayeron; Finance Director Burton, and Planning Director Nielsen Absent: Engineer Brown B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 28, 2005 Wellens moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of February 28, 2005 as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, February 28, 2005 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of February 28, 2005 as presented. Motion passed 5/0. C. City Council Special Meeting Minutes, March 7, 2005 Wellens moved, Callies seconded, Approving the City Council Special Meeting Minutes of March 7, 2005 as presented. Motion passed 5/0. 3. CONSENT Callies moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 05-021, "A Resolution Approving License for Tree Trimmers." . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 2 of 1 D. Adopting RESOLUTION NO. 05-022, "A Resolution Granting a Conditional Use Permit for Multiple Signs to Shorewood Village Center23470 - 23780 Highway 7." E. Adopting RESOLUTION NO. 05-023, "A Resolution Amending a Conditional Use Permit for the Expansion of St. John the Baptist Church's Cemetery of the Resurrection and Approving the Construction of a Mausoleum for St. John the Baptist Church, 5555 Covington Road." F. Authorization for Expenditure of Funds to Purchase Seal Coat Aggregate G. Approving a Sign Permit for Shurgard Self Storage for Crosstown Sign, Inc., 19545 State Highway 7. H. Setting a Public Hearing Date for a Partial Vacation of Ferncroft Drive for Matthew Phillippi, West side of Ferncroft Drive adjoining 4870-4900 Ferncroft Dr. I. Receipt of Award for Certificate of Achievement for Excellence in Financial Reporting J. Authorizing Expenditure of Funds for Public Works Equipment K. Approving a Sign Permit for 7-Hi Chiropractic for Fish and LaBeau Signs, 23640 Highway 7. L. Appeal Regarding Zoning Violation for Ann and John Meldahl, 6180 Cathcart Drive. Motion passed 5/0. With regard to Item I, Administrator Dawson complimented the entire staff and especially the Finance Department for their hard work and dedication in receipt of this award. He stated the award was prestigious in that less than 0.1% of municipalities under 10,000 population nationwide received this award. A formal recognition of the award to the City would be made in June of this year with the Annual Audit presentation. Mayor Love stated he wished to recognize Staff for all its hard work in the past year to merit achievement of such an award. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS A. Recognition of Service of former Planning Commissioner Ann Packard Mayor Love stated, on behalf of Council, it was with great joy and sadness that the City presented a plaque of appreciation and recognition of service for Ann Packard, former Planning Commission member. He stated he appreciated the many years of service Ms. Packard had dedicated to the City in her efforts as a Commissioner for the City. CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 3 of 7 . Ms. Packard thanked Council for its continued support, and she also thanked Director Nielsen for his talents as City Planner and Jeff Bailey for his talented leadership of the Planning Commission. She stated she had a great deal of fun in her experience as a Commissioner and she would miss all parties involved a lot. B. 7:00 p.m. - Public Information Meeting regarding Storm Water Pollution Prevention Program Mayor Love opened the Public Information Meeting at 7:09 P.M. Administrator Dawson explained Mr. Phillip Elkin of WSB & Associates was present to assist the City Council in conducting the Public Information Meeting regarding the National Pollutant Discharge Elimination System (NPDES), Phase II, as part of the Clean Water Act mandated by the federal government and processed in the State of Minnesota by the Minnesota Pollution Control Agency (MNPCA). Mr. Elkin explained the purpose of this meeting was to educate residents about the Storm Water Pollution Prevention Program (hereafter referred to as the Program), answer any questions about this Program, receive public comments, and meet the requirements of the Permit for this Program. Mr. Elkin next reviewed the origins and phases of the Program. He noted the City of Shorewood was required to illustrate six minimum control measures in its activities to meet the requirements of the permit. (A complete Agenda of the information presented to satisfy the requirements of this Program and permit are attached to these meeting minutes. A complete copy of information referenced in the Program . presentation can be found on record at City Hall.) With regard to the first control measure on Public Education, Mr. Elkin stated there were several ways residents could obtain information on the Program for implementation, such as through the City newsletter, detailed information on the Program at City Hall, through a website link to information on the Program from the City website at ci.shorewood.mn.us. The City had also provided training of the Public Works Department and other pertinent City Staff regarding these prevention measures. Mr. Elkin stated with the information received from the public at this meeting, several changes could be incorporated into the City's Program on this topic. He went on to explain the third control measure as it related to recycling efforts and the impact that these efforts have on the environment as could be evidenced in the Storm Sewer maps. The fourth control measure included efforts directed at ongoing Staff training as well as partnering efforts in working with Minnehaha Creek Watershed District (MCWD) to provide inspections and erosion control measures. Implementation of the fifth control measure would occur as an expansion of the City's current Stormwater Management Plan, incorporating it into each development plan, and include more infiltration efforts as an effective method to deal with Stormwater pollutants. A Storm Sewer inspection program encompassed the sixth control measure for this program. Mr. Elkin stated there would be ongoing Staff training and Storm Sewer inspections taking place over the next five years throughout the City to ensure the results were desirable as part of this Program implementation. . Mr. Elkin then summarized the legalities and impacts to cities anticipated over the next few years as a result of this Program. He then explained the actions the City would need to take over the next year including preparation for non-degradation analysis. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 4 of 7 In response to Councilmember Lizee's question, Mr. Elkin explained the definition of non-degradation. Mayor Love then opened the Public Comment portion of the meeting at 7:26 P.M. Todd Herman, 5915 Afton Road, stated he was present this evening to bring forth questions he had regarding drainage specific to his property rather than share information about the Program. He went on to explain the drainage pattern that extended into his property as a result of stormwater runoff from nearby Cathcart Park. He stated it was a nuisance to his family and he was hoping to have the problem addressed. Without objection from the Council, Mayor Love directed Staff to review the matter with Mr. Herman and report back to Council within thirty days. Dana Bruckheimer, 5630 Echo Road, stated her issue was quite similar to Mr. Herman's issue with regard to drainage problems on her property. She stated she had notified City Staff of the situation last fall with no remedies to the situation since that time. Mayor Love stated the Council had met with residents of Echo Road approximately five years ago regarding potential roadway changes that could have been made to assist in the drainage problems in that area. At that time, residents had decided no action should be taken. Director Nielsen stated the Engineering Staff had, since that time, held several meetings in effort to begin to gather public input on the drainage areas in the City. Specifically Staff had begun to develop a database of problem areas within the City for potential regional ponding efforts in the future. These problem areas would be prioritized and incorporated into the Capital Improvement Plan for the City in future projects. Administrator Dawson stated several of these problem areas had already been prioritized and areas of concern were being addressed. Mayor Love stated there were several outflow and drainage issues within Shorewood that the City would like to bring to resolution. Mr. Elkin stated the MNPCA was encouraging cities to begin more regional ponding and natural infiltration efforts, rather than a traditional pipe installation that drained to the nearest water body. Mary Theresa Downing, 19225 Waterford Court, stated she was concerned for the amount of sprinkling taking place each spring and summer in her neighborhood as it introduced several pollutants into the stormwater. She suggested the City consider encouraging residents to water lawns less frequently and provide suggestions on alternative lawn options. She stated she thought the water quality in the area should be maintained at all costs. Administrator Dawson stated Staff would be working with Mr. Elkin in the near future on the City's conservation plan. Ms. Downing also stated she appreciated the information shared in The Shore Report over the past year. She questioned whether it would be possible to establish a link to the Minnesota Landscape Arboretum website as it included several suggestions for water quality enhancements and storm water improvement efforts. CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 5 of 7 . In response to Councilmember Wellens' question, Mr. Elkin explained the permit referred to in this program would allow stormwater to be discharged into state waters as a result of meeting the requirements of the Program as detailed this evening. Mr. Elkin stated there was a great deal of work to be accomplished in this area; however, the City had begun making positive steps forward through planning and implementation of the measures as described this evening. On behalf of the Council, Mayor Love thanked Mr. Elkin and concerned residents for their time and attention toward this matter. 6. PUBLIC HEARING None. 7. PARKS Administrator Dawson noted there was nothing to report at this time. The next Park Commission meeting would take place on Tuesday, March 15,2005, at 7:00 P.M. in the library of the Southshore Community Senior Center. 8. PLANNING - Report by Representative Commissioner Gniflke reported on matters considered and actions taken at the March 1, 2005, Planning . Commission meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Reimbursement Resolution for City Hall Administrator Dawson explained that at its March 7, 2005 Special Meeting, the City Council authorized the purchase of the property at 5795 Country Club Road, for approximately $305,000. He stated he had contacted bond counsel regarding preparation of a reimbursement resolution to ensure that the costs associated with the purchase would be eligible with long-term "capital improvement plan bonds" to assist the City in financing City Hall improvements if need be. He further stated consideration of this resolution did not commit the Council to build a new City Hall, nor issue bonds, but approval of the resolution would provide flexibility in the final decision regarding City Hall improvements, and would ensure that the land cost was handled in a fiscally responsible manner. Councilmember Turgeon expressed great concern for having this discussion prior to reviewing the options for improvement to City Hall with the newer Councilmembers. She requested this item be placed on an Agenda at a later date in order to have the time to provide Council with a review of all options available for City Hall improvements prior to discussion of financing options. Councilmember Wellens agreed. Mayor Love stated he appreciated Councilmember Turgeon's comments and he did not wish the Council to give the impression that any of the options for improvements to City Hall had been decided. . Wellens moved, Turgeon seconded, Continuing this item until the April 11, 2005, Regular City Council Meeting. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 6 of 7 Councilmember Wellens stated there were seven options presented regarding City Hall improvements and he thought action on this item could give the impression that one option had been favored over another when that was not the case. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS There was nothing to report on at this time. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated with the advent of spring, construction would beginning anew on the project as soon as the frost allowed. B. Mayor & City Council 1. SLMPD Issues Group With regard to the Issues Group, Council indicated approval for Councilmember Lizee to act as a proxy in the absence of Mayor Love. Mayor Love strongly encouraged all Councilmembers to attend the Issues Group meetings if possible as he anticipated there would be a great deal that would come out of those meetings that would impact all the cities. Councilmember Wellens suggested the Issues Group meetings be included on the City calendar each month. Mayor Love extended an invitation to all Councilmembers for the Chamber of Commerce Dinner to be held on Friday, March 18, 2005. Also, he noted there would be a meeting of the League of Women Voters on Thursday, March 17,2005, at 7:00 P.M. at the Shorewood City Hall. Councilmember Wellens expressed concern for letters from Staff being written on City letterhead to certain political state officials. He stated he was concerned that these letters indicated a representation of Council that did not exist and had not been done without Council consent. Mayor Love stated this matter should be placed on a Work Session Agenda for further discussion. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES March 14, 2005 Page 7 of 7 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of March 14, 2005, at 8:16 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary . . . City of Slwrewood March 14, 2005 Council Meeting 5. REPORTS AND PRESENTATIONS A. Recognition of Service of former Planning Commissioner Ann Packard City of Shorewood March 14, 2005 Council Meeting City of Shorewood SWPPP . Storm . Water . Pollution . Prevention . Plan City of Shorewood March 14, 2005 Council Meeting SWPPP Origins . National Pollution Discharge Detection and Elimination program - NPDES . NPDES Targets: +Construction Sites + Industrial Discharges + Urban Storm Water Discharges City of Shorewood March 14, 2005 Council Meeting 5. REPORTS AND PRESENTATIONS, cont'd. B. 7:00 p.m. - Public Information Meeting regarding Stonn Water Pollution Prevention Pro gram City of Shorewood March 14, 2005 Council Meeting Purpose of Public Meeting . Educate Citizens . Answer Questions on the SWPPP . Receive Public Comments . Meet the Requirements of the Permit City of Shorewood March 14, 2005 Council Meeting NPDES Program . Phase I + Large Cities 100,000 + population + Construction Sites 5 acres or more + Industrial Point Sources . Phase II + Smaller Cities 10,000 + ( or urbanized) + Construction Sites I acre or more +Industrial Non- Point Sources 1 . M- City of Shorewood T March 14, 2005 Council Meeting SWPPP Required to Address 6 Minimum Control Measures . MCM I - Public Education and Outreach . MCM 2 - Public Participation and Involvement . MCM 3 - Illicit Discharge and Detection . MCM 4 - Construction Site Stormwater Runoff Control . MCM 5 - Post Construction Storm Water Management . MCM 6 - Pollution Prevention and Good Housekeeping City of Shorewood March 14, 2005 Council Meeting . MCM 2 Public Participation and Involvement Annual Public Meeting Tonight's Meeting . Encourage Public Comments . Determine Appropriateness of Current Plan . Incorporate Public Feedback Into SWPPP City of Shorewood March 14, 2005 Council Meeting MCM 4 Construction Site Stormwater Runoff Control . Ongoing Staff Training .Site inspections .Corrective Action . Penalties for Violations . Minnehaha Creek Watershed District . Erosion Control Requirements . Plan review . Inspection . City of Shorewood March 14, 2005 Council Meeting MCMI Public Education and Outreach . Brochures . Newsletter Articles in the ShoreReport . Eleven Articles in 2004 . SWPPP available at City Hall . Web Page on SWPPP Issues . Staff Training City of Shorewood March 14, 2005 Council Meeting MCM 3 Illicit Discharge Detection and Elimination . Recycling Programs . Storm Sewer Maps .Ongoing 75% have been mapped to date . Future Actions . Complete Mapping +IlIicit Discharge Ordinance . Required By NPDES City of Shorewood March 14, 2005 Council Meeting MCM 5 Post Construction Storm Water Management . Surface Water Management Plan . Required With Each Development Plan . New Development Review and Requirements . NURP Ponds . Infiltration Basins . Regional Treatment Ponds 2 . . . ~ City of Shorewood T March 14, 2005 Council Meeting MCM 6 Pollution Prevention and Good Housekeeping . Storm Sewer Inspection Program . At least 20% each year as required . Structural Pollution Control Devices . Ongoing Staff Training . Hazardous Materials Storage . Road Salt Applications . Street Sweeping City of Shorewood March 14, 2005 Council Meeting Rule Changes for 2005 . New permit written by MPCA . Revised Permit Due in September 2005 . Non-Degradation Rule .30 Cities in 2006 remainder by 2010 City of Shorewood March 14, 2005 Council Meeting QUESTIONS AND COMMENTS City of Shorewood March 14, 2005 Council Meeting 2003 Lawsuit MPCA Permit Challenged in Court by MCEA resulting in the following changes: . MPCA must Notice and Review all MS4 SWPPP . Language changes Minimize to Reduce . Non-Degradation must be implemented City of SllOrewood March 14, 2005 Council Meeting Future Actions for Shorewood Re-submit sWPPP to MPCA for comments by September 2005 . New annual report due in June 2006 . Prepare for Non-Degradation analysis 3