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Prior Lake_ MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2011
AGENDA #: 5B
PREPARED BY: Ross Bintner P.E. — Water Resources Engineer
PRESENTED BY: Katy Gehler, Public Works and Natural Resources Director
AGENDA ITEM: CONSIDER APPROVAL OF A REQUEST FOR AMENDMENT TO THE LOCAL
SURFACE WATER MANGEMENT PLAN.
DISCUSSION: Introduction
The purpose of this agenda item is to request that the city council direct the staff
to make certain amendments to the LSWMP following the process mandated.
History
The LSWMP was approved by the City Council on June 26, 2006 and replaced
the previous plan that dated from 1996. On June 9, 2009 the Scott Watershed
Management Organization (SWMO) approved an amendment to their compre-
hensive water resource management plan. The amendment required that local
surface water management plans be brought into compliance within two years.
Although the changes are not anticipated to be significant they necessitate an
amendment to the City of Prior Lake Local Surface Water Management Plan
( LSWMP).
Current Circumstances
This is the first amendment request for the LSWMP. The City received written
request from the SWMO to amend its plan consistent with the SWMO compre-
hensive water resource management plan in a letter dated December 28, 2010.
City staff requested an extension to the deadline for plan amendment in a letter
dated May 13, 2011. Both letters are attached for reference. The reasons stated
in the request for extensions were twofold: 1) to include the most recent Capital
Improvement and Transportation Plans (CIP) and, 2) to complete a single
amendment to the plan for both the SWMO and the Prior Lake Spring Lake Wa-
tershed District ( PLSLWD), which had recently approved a plan amendment as
well and planned to revise their rules this summer.
The City will be able to include the most recent CIP due to this deadline extension,
but will be unable to include PLSLWD plan amendments. A delay at the PLSLWD
was due to the decision to wait for Federal approval of the Upper Prior / Spring
Lake Total Maximum Daily Load (TMDL) study (which has been under review
since May) and the delay of Federal approval. The extension failed to synchronize
these two works efforts as hoped, meaning a second plan amendment will have to
be processed at the completion of the PLSLWD rule revision process.
The process to consider a plan amendment is spelled out in section 6.11 of the
LSWMP and is summarized as follows:
1. Written request for plan amendment is submitted to and reviewed by City
staff.
2. City staff determines the validity of the request and follows one of three op-
tions: To reject the request, accept the request as a request for minor
amendment or, accept the request as a request for major amendment.
The amendment request and staff recommendation is then forwarded for
City Council consideration. Section 6.11.1 spells out what requests can be
considered minor amendments.
3. Staff recommendations for the amendment request are considered by the
City Council, including the determination of the need for a public hearing.
City Council then decides whether to order the amendment and if and
when a Public Hearing is included in the amendment process.
4. If amendment to the LSWMP is ordered, City staff drafts the proposed
amendment, schedules and holds any necessary Public Hearings and for-
wards the proposed amendment to local watershed organizations, the Met
Council and Board of Water and Soil Resources for their review.
5. Following the review and approval by local agencies, the City Council con-
siders the LSWMP amendment for approval.
Conclusion
This Council action fulfills step 3 of the process detailed above. The amendment
summary and associated staff recommendation follow.
ISSUES: The request for amendment detailed in the December 28, 2010 letter details six
specific changes.
1. Reference to Municipal Separate Storm Sewer (MS4) Storm Water Pollu-
tion Prevention Program (SWPPP) requirements.
2. Street Sweeping Priorities and Local Governmental Unit (LGU) protocol.
3. Salt and sanding (snow and ice control) best management practice de-
scription.
4. Coordination of drainage networks that overlap jurisdictional boundaries.
5. Coordination strategies for a variety of water resource program elements.
6. Reference to local controls.
Items 1, 2, 3 and 6 are existing processes that need simple changes in plan lan-
guage; items 4 and 5 may necessitate additional work.
Staff recommendation
After reviewing the request, it is clear it is valid and has legal standing. Individual
changes were reviewed to determine if the amendment should be a major or mi-
nor amendment and it is clear this classifies as a major plan amendment. Individ-
ual changes were also reviewed to determine if a public hearing is necessitated.
Proposed changes affect municipal operations solely and not development stan-
dards or permit standards so a public hearing is not required. It is however rec-
ommended that the Prior Lake Lakes Advisory Committee review the plan
amendment and provide review of changes to municipal operation.
Staff recommends that City Council direct staff to prepare a major amendment to
the LSWMP and direct the LAC to review and provide comment and submit the
draft to agency review.
Proposed process and schedule for amendment:
10/4/11 to 10/11/11 Staff draft amendment
10/18/11 LAC review amendment
10/19/11 Staff incorporate LAC recommendations and forward for agency review
10/24/11 Start of 45 day review period
12/7/11 End of 45 day review
1/2/12 Latest date for Council consideration of major amendment
If all agencies provide comment before the close of the 45 day review period,
Council consideration could come at an earlier meeting in November or Decem-
ber.
FINANCIAL In addition to staff time to prepare and process the amendment, preliminary staff
IMPACT: review of the amendment request suggests there will be additional workload re-
quired in the major amendment. A detailed review of changes will be included at
the time of Council consideration.
ALTERNATIVES: 1. Direct staff to draft a major amendment consistent with the request from the
SWMO and submit it for agency review following review the draft amendment
by the LAC.
2. Deny the request and provide staff with direction.
RECOMMENDED Alternative 1
MOTION:
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Memorandum
December 28, 2010
Scott Cl YMZation
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To: City of Belle Plaine, City of Jordan, City of New Prague, City of Elko New
Market, City of Prior Lake, City of Savage, City of Shakopee
From: Melissa Bokman, Sr. Water Resources Planner
Subject: Local Water Plan Amendments
Cc: Paul Nelson, Scott County Natural Resources Program Manager
On June 9, 2009 the Scott County Board approved the Scott Watershed Management
Organization Comprehensive Water Resource Management Plan 2009 -2018 (WMO Plan). In
Section 3, under Strategy 7.5.1: Utilize Existing Approved Local Water Plans, states that "the
WMO will accept the completion of Plan amendments incorporating the revised Standards and
new local water plan requirements of this plan." These amendments are required to be
completed within two (2) years of the Board of Water & Soil Resources Board (BWSR) approval
of the WMO Plan. BWSR approved the Scott WMO plan on May 27, 2009.
As stated in Section 4 Local Water Plans (LWPs) of the WMO Plan, the cities of Belle Plaine,
Jordan, New Prague, Shakopee, Prior Lake, Savage and Elko New Market, and Scott County for
the eleven townships, are required to develop a LWP providing a coordinated system of
managing watersheds on a regional or subwatershed basis consistent with the WMO Plan, in
accordance with Minn. Stat. 103B.235 and Minn. Rules 8410.0160. These updates or
amendments need to be completed in accordance with the provisions of Strategy 7.5.1 Utilize
Existing Approved Local Water Plans. Following approval of amendments or updated LWPs,
LGUs will have an additional 120 days to revise official controls and another 60 days to begin
implementation. WMO and County staff are available to serve as a technical advisor to the cities
in the preparation or amendment of their LWPs and the review of individual development
proposals prior to investment of significant public or private funds.
As part of the 2009 -2018 Plan update, six specific items are needed in LWPs beyond the Minn.
Rules 8410 requirements:
• Reference to MS4 SWPPP requirements if the LGU is an MS4;
• Street sweeping priorities and LGU protocol; (MN Rule 8410.0100, subp. 6)
• Description of salt and sanding best management practices in LWP;
• Identification of developing areas that drain into other jurisdictions within the
WMO, and any special infrastructure needs, planning and coordination, or
standards necessary to prevent downstream damage;
• Review and assessment of Coordination Strategies identified in Section 5,
Table 5.2 of the WMO Plan, and a description of the LGU's coordination role
with respect to each strategy where LGUs are identified as a coordination
partner; and
• Reference and schedule for completing local controls (i.e. ordinances).
LGUs should also include a review of the LGU's transportation plan, and the County's
Transportation Improvement Plan (TIP) as a means of identifying water quality and flooding
retrofit opportunities.
Amendments can be kept simple in memo form, unless the LGU chooses to update their entire
Plan. The WMO will need to review the amendments and approve them. Final adoption of the
amendments for LGUs need to be complete by May 27, 2011.
We also recommend that you review and update your CIP lists in the local water plan. Being
referenced in some sort of approved plan is now a criteria for the Clean Water Fund grant
program.
The Scott WMO Plan can be viewed at http: / /www.co.scott.mn.us /wmo under "Reports &
Documents." If you have any questions, feel free to call Melissa at 952- 496 -8887.
4646 Dakota Street SE
Prior Lake, MN 55372
May 13, 2011
Mr. Paul Nelson
SCOTT WMO
200 Fourth Avenue West, GC114
Shakopee, MN 55379
RE: Local Water Plan Amendment
Dear Mr. Nelson:
The City of Prior Lake would like to request a four month deadline extension for amending our Local Surface Water
Management Plan. There are two reasons a September 30th deadline would be more efficient for our staff. The
Prior Lake Spring Lake Watershed district has recently amended their plan, and a single amendment could be
processed in this time. The City is currently amending our 5 year CIP and Transportation plans, and this
information could be most up to date in an amended plan processed 4 months later.
Thank you for your consideration of our request for a local water plan amendment deadline extension.
Sincerely,
Ross Bintner P.E.
Water Resources Engineer
City of Prior Lake, MN
cc: Larry Poppler, Acting City Engineer
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com