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031306 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 13, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Love; CounciImembers Callies (arrived at 7: 1 0 P.M.), Lizee, Turgeon, and Wellens; Administrator Dawson; Finance Director Burton; Attorney Keane; Director of Public Works Brown Absent: None B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 27, 2006 Wellens moved, Lizee seconded, Approving the City Council Special Meeting Minutes of February 27,2006, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, February 27, 2006 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of February 27, 2006, as Amended, on Page 9, Item 8.C, Paragraph 7, Sentence 1, change "Councilmember Callies moved to direct" to "Councilmember Turgeon moved to direct". Motion passed 4/0. C. City Council Work Session Minutes, February 27, 2006 Turgeon moved, Wellens seconded, Approving the City Council Work Session Meeting Minutes of February 27, 2006, as Amended, on Page 1, Item 2, Paragraph 2, Sentence 2, change "for determining which roads would be replaned" to "for determining which roads would be reclaimed" and on Page 2, Item 2, Paragraph 5, Sentence 1, change "shingles on the Southshore Center" to " shingles on the Eddy Station". Motion passed 4/0. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Mayor Love reviewed the Items on the Consent Agenda. CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 2 of7 Lizee moved, Turgeon 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. Animal Impound Services Agreement Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. 7:00 p.m. - Public Information Meeting regarding Storm Water Pollution Prevention Program Mayor Love opened the Public Hearing at 7:08 P.M. Administrator Dawson explained as part of the Federal Clean Water Act, the City of Shorewood was required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The two main requirements of this permit were the preparation of a Storm Water Pollution Prevention Program (SWPPP) and subsequent annual reports. He then explained in preparation for the annual report, a public meeting must be held to discuss the City's SWPPP. He noted this was the second year Shorewood was preparing the annual report. Dawson stated Steve Gurney, the Interim City Engineer, would gIve the presentation outlining the SWPPP and items included in the annual report. Engineer Gurney explained he would provide a brief history of the SWPPP, discuss the NPDES permit requirements, identify future actions the City may want to take, and then open the hearing up to questions and comments. Engineer Gurney explained the NPDES is required by the Federal Clean Water Act. He stated the NPDES targets construction sites, industrial discharges, and urban storm water discharges. He noted urban storm water discharges would be the focus of discussion at the public hearing. The NPDES Program went into effect for Minneapolis and St. Paul in 2000. Construction sites five or more acres in size were then required to get a NPDES permit. In 2003 Phase II requirements were implemented. Phase II required cities with a population of 10,000 or greater or urbanized cities to get a NPDES permit. The systems for those cities were called Municipal Separate Storm Sewer Systems (MS4s). Another Phase II requirement was for Construction Sites one or more acres in size to get a NPDES permit. CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 3 of7 Gurney went on to explain there were six Minimum Control Measures (MCMs). Each of the six MCMs had one or two Best Management Practices (BMP) associated with it. He then provided a description of each MCM, listed the requirements, and identified future action items. 1. MCM 1 - Public Education and Outreach: the City had brochures sent out to residents. The 2004 City ShoReport newsletters contained 11 articles related to environmental issues such as wetlands, water runoff, recycling, etc. The SWPPP was available at City Hall, and the City's website provided information about the SWPPP. 2. MCM 2 - Public Participation and Involvement: This requires an annual public meeting and filing an annual report. The Public Hearing is a requirement for the 2004 permit. There will be a record of decision made and the public comments would be incorporated into future versions of the SWPPP. 3. MCM 3 - Illicit Discharge and Detection Elimination: The City has developed a storm sewer base map, although the verification phase needed to be completed. An Illicit Discharge Ordinance will be adopted at a later date as it was required by the NPDES. 4. MCM 4 - Construction Site Storm Water Runoff Control: This has been in place for a number of years. The Minnehaha Creek Watershed District (MCWD) has a very aggressive storm water erosion control plan, and plans to conduct reviews and inspections of all basins. The MCWD is the regulatory commission for the City for erosion control, storm water runoff, and plan reviews. 5. MCM 5 - Post Construction Storm Water Management: Although this is a new SWPPP requirement, this is being done by the MCWD. The best way to satisfy this requirement is through the use of functional treatment ponds, infiltration basins, and regional treatment ponds (where possible). 6. MCM 6 - Pollution Prevention and Good Housekeeping: This requires inspection of each outflow at each of the ponds to ensure the ponds are working properly. Twenty percent of the ponds must be inspected each year. All the structural BMPs in place must also be inspected. Ongoing Staff training with regard to street sweeping, road salt applications, and hazardous material storage must occur. Engineer Gurney discussed the ramifications of a lawsuit between the Minnesota Polution Control Agency (MCPA) and the Minnesota Center for Environmental Advocacy (MCEA). The MCPA was then required to notice and review the permit for all MS4 SWPPPs. At the MCPA Board Meeting in December 2005 the new permit was approved. Engineer Gurney then reviewed the rule changes for 2006. Each MS4 was required to apply for a new permit by June 1, 2006. The MCPA would then issue notice of the permit application and review the application. If approved the MCP A would issue the new NPDES permit to the MS4s. He noted the permit language had been modified to change "minimize pollutants" to "reduce pollutants". Gurney then explained a non-degradation analysis requirement was being implemented. Currently 30 cities, which were selected by size or growth potential, had to conduct an analysis showing pollutant loadings for total suspended solids and phosphorous and runoff volumes for 1988, 2000, and 2020. If there had been an increase in the loadings the city would have to prepare a corrective action plan for CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 4 of7 reducing the loadings. He stated only the 30 Cities identified were required to do a non-degradation plan, but it was highly probable that would eventually be a requirement for all cities when it was time to apply for a new NPDES permit (which would be 2011 for Shorewood). Engineer Gurney reviewed the City's next steps. The City must revise and re-submit its SWPPP to the MPCA for review and public notice by June 1, 2006. The existing permit requires the City to prepare a new annual report and submit it by June 30, 2006. He noted the City would either be covered by the existing permit or the new permit; it would not be without a permit. He stated the City should begin to consider what it would take to conduct a non-degradation analysis should that requirement be imposed on the City. Mayor Loved asked if there were any members of the public wishing to comment. There were none. Mayor Love asked Director Brown if the City had a complete inventory of all of the sedimentation ponds and were the ponds checked to determine how much sedimentation there was in the basins. Brown responded a sedimentation pond inventory had been done as part of the mapping exercise just being completed, which included the entire storm water system. With regard to a ditch inventory, Brown stated that still needed to be done as did a pond inventory. He stated the MCWD encouraged cities to conduct a pond inventory and to identify how much silt each pond had. He then stated pond restoration (e.g. removing silt) was quite expensive and the City should plan for those types of projects. Mayor Love asked Director Brown if the MCWD had agreed to help fund pond cleanup if the City would create a pond inventory as encouraged by the MCWD. Brown was not aware of such a commitment on behalf of the MCWD. Love stated he would like the opportunity to discuss this request for pond cleanup funding with the MCWD on behalf of Shorewood and other cities. He then stated he believed the MCWD should assume some responsibility for pond cleanup because they had not implemented strict agreements for maintaining the ponds until the late 1980's. Councilmember Lizee asked if the City had the 1988 loading data should a non-degradation analysis be required. Engineer Gurney stated the data would probably be an estimate. He explained there was topographic map information from 1966 and 1999. There was aerial photography available from a number of sources that would show land use in 1988 and impervious surfaces, and that information could be used to estimate runoff estimates. He then stated the 2000 data was basically the current data and 2020 data would be based on the Comprehensive Plan. Councilmember Turgeon asked Director Brown if he had enough information to estimate budget requirements with the degree of uncertainty there was. Director Brown stated pond inventory and cleanup activities would take a number of years and he didn't think projecting the costs by July 2006 for the 2007 budget would be terribly difficult. In response to a question from Councilmember Wellens regarding the source of educational materials, Director Brown explained that Communications Technician Julie Moore gets the information from a number of sources. He stated each city was to determine what its educational materials would be. He then stated the SWPPP process had been in a state of evolution with the MPCA. Mayor Love stated part of the problem with the Federal portion ofthe SWPPP was different geographical areas have different storm water best management practices; for example, a snow climate which used sand and chemicals on the roads would have different BMPs than a southern climate would have. He added the effectiveness of the BMPs also needed to be assessed. CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 5 of7 Councilmember Wellens commented it seemed unusual that the MPCA's number one issue was Public Education and Outreach, yet each city was responsible for defining what it was going to communicate. Mayor Love stated some public education programs had been uniformly adopted and accepted, and they were quite successful. Examples he cited were motor oil and storm water stenciling. Mayor Love closed the public hearing at 7:28 P.M. Turgeon moved, Wellens seconded, to Direct Staff to Prepare a Record of Decision Regarding the Storm Water Pollution Protection Prevention Program. Motion passed 5/0. 7. PARKS Engineer Brown reported there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting, thus, there was nothing to report on at this time. The next meeting of the Park Commission was scheduled for Wednesday, March 15, 2006, at City Hall at 7:00 P.M. Topics on the Agenda included: music in the park, winter events, and goals and objectives. 8. PLANNING - Report by Representative Commissioner Meyer noted there had not been a meeting of the Planning Commission since the most recent Regular City Council meeting; thus, there was nothing to report on at this time. 9. GENERAL/NEW BUSINESS A. Goals and Priorities With regard to the updated Goals and Priorities list for 2006/early 2007, Administrator Dawson explained he would reorganize the prioritized items by category and redistribute to Council. Lizee moved, Wellens seconded, approving the Goals and Priorities for 2006 and early 2007. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson thanked Staff for arriving at 3 :30 A.M. to begin plowing roadways. B. Mayor & City Council Mayor Love stated the EFD Board had met on March 8, 2006, and was making good progress with the selection process for the new fire chief. He stated the Selection Process Steering Committee (which would conduct the first round of interviews and narrow the candidates down to 2 - 5 for additional CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 6 of7 interviews) consisted of: two Boardmembers and an alternate; two Operating Committee members and an alternate; two Firefighters and an alternate; and Interim Chief George. Councilmember Wellens questioned the appropriateness of the Interim Chief being on the Steering Committee if he was being considered a candidate. Mayor Love explained that Interim Chief George was not interested in applying for the position. Councilmember Turgeon stated she was pleased to know Interim Chief George was on the Steering Committee because he had a great deal of knowledge and experience that would be useful to the process. 12. RECESS TO WORK SESSION Mayor Love recessed the Regular City Council meeting to a City Council Work Session meeting at 7:35 P.M. Mayor Love reconvened the Council meeting at 9: 15 P.M. It then recessed to an executive session. 13. RECESS TO EXECUTIVE SESSION - SLMPD ARBITRATION STRATEGY Mayor Love called the executive session to order at 9:27 P.M. All Councilmembers, the City Attorney and Administrator Dawson were present. With the City Council and Administrator, Attorney Keane discussed strategies related to the arbitration on the allocation of operations costs for the member cities of the South Lake Minnetonka Police Department. The Executive Session was concluded at 9:50 P.M. The City Council reconvened in regular session at 9:50 P.M. It then recessed to another executive session. 14. RECESS TO EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW Mayor Love called the executive session to order at 9:50 P.M. All Councilmembers and Administrator Dawson were present. Council and Administrator Dawson discussed the 2005 performance review of the City Administrator. The Executive Session was concluded at 10:04 P.M. The City Council reconvened in regular session at 10:04 P.M. CITY OF SHOREWOOD COUNCIL MEETING March 13, 2006 Page 7 of7 15. ADJOURN Wellens moved, Lizee seconded, Adjourning the Regular City Council Meeting of March 13,2006, at 10:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor ATTEST: