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HomeMy WebLinkAbout9A - Storm Water Guide Plan CITY COUNCIL AGENDA REPORT August 19, 2002 9A Jennifer Wittkopf, Civil Engineer AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE LEAGUE OF MINNESOTA CITIES TO PARTICIPATE IN THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER GUIDE PLAN. DISCUSSION: History: In the early 70's, Congress became concerned about the environmental impacts of storm sewer systems on water bodies and groundwater. As a result, in 1972 Congress amended the Clean Water Act. ISSUES: The amendment established the National Pollutant Discharge Elimination System. The system required that any City discharging pollutants into waters of the United States, must obtain a permit first. Current Circumstances: The permits to regulate Municipal Separate Storm Sewer Systems must be obtained by March 10, 2003. Several requirements must be fulfilled to obtain the general permit. A city must develop and Storm Water Pollution Prevention program. This program must implement best management practices including minimum control measures and enforcing measurable goals and timelines. Most Minnesota cities are required to comply with the law. As a result, the League of Minnesota Cities has proposed that the cities collectively contract with an engineering firm to complete much of the work (50%-60%) required to obtain the general permit. To date, 80 of 150 cities in the state affected by the Act, have expressed an interest in participating in this joint project. Consulting costs to complete the necessary work are estimated at $100,000 to $350,000. The contribution from each participating City is not to exceed $5000. If the costs are less, then participating cities will receive equal reimbursements. The purpose of this approach is to allow cities to complete at least 50% of their permit responsibilities collectively to save time, money and resources. By working together, the cities can standardize their work products which are to be submitted to the Minnesota Pollution Control Agency. Attached is a letter of understanding supplied by the League of Minnesota Cities. The City Attorney has reviewed the document and recommends that language be added that limits the City's contribution to a maximum of $5000. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\COUNCIL\AGNRPTS\2002\NPDES.DOC AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: The cost will not exceed $5000 to be drawn form the Water Quality Fund. ALTERNATIVES: RECOMMENDED MOTION: (1) Approve a Resolution authorizing the participation of Prior Lake in the League NPDES Storm Water Guide Plan Project and Authorizing the Mayor and City Manager to execute the letter of understanding. (2) Table this item for a specific reason. (3) Deny the item for a specific reason. Alternative (1). I :\COUNCIL \AGNRPTS\2002\NPDES.DOC RESOLUTION 02';~ / L/ / A RESOLUTION AUTHORIZING THE PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES NPDES PHASE II STORM WATER GUIDE PLAN Motion By: Second By: WHEREAS, the United States Congress amended the Clean Water Act to include a storm water discharge program, including the issuance of general permits for Municipal Separate Storm Sewer Systems (MS4); and WHEREAS, the City is a regulated small MS4 that must develop a Storm Water Pollution Prevention Program (SWPPP) and obtain this permit by March 10, 2003; and WHEREAS, the League of Minnesota Cities has proposed developing a Storm Water Guide Plan to assist cities in developing an SWPPP; and WHEREAS, it is the understanding and expectation of the City Council in approving this resolution that Prior Lake's costs will not exceed $5000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth are incorporated herein. 2. The participation in the League of Minnesota Cities (LMC) NPDES Phase II Storm Water Guide Plan is hereby ordered in an amount not to exceed $5000. 3. The Mayor and City Manager are authorized to enter into the agreement with the LMC in the name of the City of Prior Lake for developing a Storm Water Guide Plan. 4. An amount not to exceed $5,000.00 are allocated from the Water Quality Fund for this program. PASSED AND ADOPTED THIS 19TH DAY OF AUGUST 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska City Manager, City of Prior Lake R:IRESOLUTIIENGINRESI02-xx LMC NPDES.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER League of Minnesota Cities Cities promoting e",ceNence 145 University Avenue West, St. Paul MN 55103-2044 Phone: (651) 281-1200 (800) 925-1122 Fax: (651) 281-1299 TDD (651) 281-1290 July 23, 2002 Letter of Understanding Re: NPDES Phase II Stormwater Guide Plan - Letter of Understanding Dear Frank Boyles, Manager Thank you for your city's interest in joining with other communities and the League of Minnesota Cities (LMC) to build the NPDES Phase II Stormwater Guide Plan (Guide Plan). The goal of the Guide Plan is to provide your city with a tool to allow it to complete 50% - 65% of your NPDES Phase II Notice of Intent and a Storm Water Pollution Prevention Plan using in-house resources. Based on the significant number of cities responding to the LMC's June 7, 20021etter, we are moving ahead to have the LMC Board approve a contract with a consultant to develop the Guide Plan. Due to the time sensitive nature of this project, please sign and return one copy of this Letter of Understanding to the LMC no later than August 15, 2002. LMC will not enter into an agreement with a consultant until it has received sufficient written city commitments to cover the cost of the project. This Letter of Understanding is intended to describe the scope and nature of the project. The Guide Plan elements will include the following: permit application components meeting the six minimum measures required by the USEP A and MPCA; a permit task check list; a check list for existing city programs; a list of acceptable Best Management Practices (BMPs); ordinances; employee training; educational materials & programs; access to state and county programs, and requisite contact information; form letters and agreements for outside providers; and details and options for funding mechanisms to comply with this regulatory program. Estimates to develop the Guide Plan range from approximately $100,000 to $350,000. This cost assumes that a large portion of the work plan will be coordinated by and implemented through League staff. By approving this Letter of Understanding, your city agrees to contribute $5,000 to help make the Guide Plan a reality. The process for developing the Guide Plan will include the following components. Steering Committee: The Steering Committee consists of 15 voting members, all of who are city officials and were selected as volunteers to represent their communities. The first meeting of the Steering Committee is July 16, 2002. The Steering Committee will make a recommendation regarding a consultant for the project and will provide direction for the project as it moves forward. There will be a sub-committee of the Steering Committee that will help LMC short-list firms for interview. Request for Qualifications / Statement of Qualification: The LMC issued a modified Request for Qualifications (RFQ) on July 12, 2002. The LMC targeted the RFQ to firms that have expressed interest in the project. Additionally, the project was noticed to the City Engineers Association of Minnesota and to the American Council of Engineering Companies of Minnesota Statements of Qualifications (SOQs) are not to exceed 15 pages, however, if necessary appendix materials including resumes may be unlimited. Firms are asked to provide 10 copies that LMC can have delivered over-night to key the Steering Committee members. Since the RFQ was mailed out on July 12, 2002, the SOQs will be due July 26, 2002, giving firms a two-week turn around. LMC Board Action: The LMC Board will review and approve the suggested process at their July 25,2002 Board Meeting. Interview / Selection of Consultants: Based on the SOQs, the sub-committee of the Steering Committee will develop a short list (3-5 firms) of eligible engineering firms that will be invited to make presentations during the week of August 5, 2002 to the full Steering Committee. The Steering Committee will then make a recommendation to the LMC Board. At its July 25 meeting, the LMC Board may choose to delegate to its Executive Committee the authority to select and contract with the consultant. LMC enter into contract / Deliverable October 15. 2002: On behalf of the participating cities in the Guide Plan project, the LMC will enter into a contract with a selected consulting firm to produce the final copywritten Guide Plan. The budget has not yet been set, but we anticipate the cost to be about $200,000. It is anticipated the contract will be let in early August, 2002. The Guide Plan will be due no later than October 15, 2002 and will have a "not to exceed" clause based on the number of communities that agree to participate in the project. In the event the project is completed and delivered for less than the estimated $5,000 per community, the LMC will make an equitable remittance to all participating communities. AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 2 Training I Construction of Permit Application: The Steering Committee will meet at least two times in person with the selected consultant to review the Guide Plan's progress and the final draft. We anticipate the Steering Committee and all participating cities will be given weekly or bi-weekly updates prepared by LMC staff and the consulting firm. Upon delivery of the Guide Plan, it is our expectation that the consulting firm will provide at least two training and education opportunities to participating cities in the use and implementation of the Guide Plan. Ownership: The final Guide Plan will be the property of LMC, although all participating cities will receive copies of the completed Guide Plan. LMC may provide a copy of the completed Guide Plan to non-participating cities upon payment of an appropriate fee, as determined by LMC. Revenue from the sale of the Guide Plan shall belong to the LMC, to compensate it for the cost and staff time involved in coordinating this project. The LMC Board of Directors understands the importance of using your city's resources wisely. We support your desire to collaborate with other communities to develop the Guide Plan. As indicated above, LMC will not enter into an agreement with a consultant until it has received sufficient written city commitments to cover the cost of the project. You may include your $5000 contribution with the signed Letter of Understanding or we will invoice your city for the amount. If you have any questions about this project or the contract, please contact Remi Stone at (651) 281-1256 or email: rstone@lmnc.org; or Tom Grundhoefer at (651) 281-1266 or email: tgrundho@lmnc.org. Sincerely, r';'fYI~ James F. Miller Executive Director Agreed to on this date by the city of Attest: Mayor Clerk AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER 3 July 15, 2002 Prepared by: Remi Stone Jenn O'Rourke Agenda Item: # III.B.l Authorization of a work plan for the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Guide Plan. Attachments: June 7th, 2002 Letter to cities - Solicitation of interest in developing a NPDES Phase II Storm Water Guide Plan Request for Qualifications for NPDES Phase II Storm Water Guide Plan Consultant Services NPDES Phase II Storm Water Guide Plan - Letter of Understanding List of cities affected and interested in participating in this project Action Recommended: Motions authorizing the League to enter into negotiations with a contractor for the NPDES Phase II Storm Water Guide Plan, and to manage the work plan on behalf of cities participating in the development of the NPDES Phase II Storm Water Guide Plan. Summary: The League has been asked by over 60 member cities to coordinate a significant part of the requirements they must complete to comply with new federal and state storm water regulations. This effort promises to save participating cities money and time, but will require some League staff time and involves some risk (considered to be minimal) to the League. Discussion: Phase I of the U.S. Environmental Protection Agency's (EP A) storm water program was promulgated in 1990 under the Clean Water Act (CW A). Phase I relies on National Pollutant Discharge Elimination System (NPDES) permit coverage to address storm waster runoff from: (1) "medium" to "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. .. The Storm Water Phase II Final Rule is the next step in EP A's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase II program expands the Phase I program by requiring additional operators ofMS4s in urbanized areas and operators of small construction sites, through the use ofNPDES permits, to implement programs and practices to control polluted storm water runoff. In Minnesota, approximately 150 cities willII' be affected. Another 25 to 50 cities are likely to be included. These cities will be identified by MPCA in December 2002. Several LMC member cities requested the League to become a leader in coordinating a united approach to implementing this latest environmental storm Water regulatory program. So far, the League has been involved in making comments and testifying before the Minnesota Pollution Control Agency as the Agency moved forward with rulemaking and the general permit's development. It is clear that many of our cities are facing a complex regulatory program. They have been given the burden of implementing a permit that was approved by the MPCA Citizen's Board on June 24, 2002 and is set for compliance by March 10,2003. Preparing each city's plan will be both expensive and time-consuming. In order to address both issues, the League has offered to coordinate preparation of a Guide Plan that would address permit elements common to all cities (about 50% - 60% of the permit) thereby hopefully significantly reducing individual city costs and expediting the permit preparation. In June, the League sent a letter to affected cities to determine their interest in participating with the League in developing a NPDES Phase II Storm Water Guide Plan. Response to the letter was very positive with about 70 cities indicating a willingness to spend $5000 each to cover the projected costs of developing the Guide Plan, which are estimated to be between $100,000 to $350,000. Recently, a Guide Plan Steering Committee was formed. The Steering Committee consists of 15 members, all of who are city officials and were selected as volunteers to represent their communities. The first meeting of the Steering Committee is July 16,2002. Throughout the course of this project the Steering Committee will assist the League by making recommendations regarding all aspects of the project, including consultant selection, and will provide direction for the project as it moves forward. A sub-committee of the Steering Committee will be formed that will help LMC short-list firms for interviews. This sub-committee will be known as the Selection Committee. The LMC issued a modified Request for Qualifications (RFQ) on July 12,2002. The LMC targeted the 10 firms that expressed interest in the project. Additionally, the project was noticed to the City Engineers Association of Minnesota and to the American Council of Engineering Companies of Minnesota. Statements of Qualifications (SOQs) are due July 26, 2002. A more detailed description of the work plan can be found in the attachments entitled, "Letter of Understanding" and "Request for Qualifications". While we fully expect there to be adequate funding (68 cities have expressed interest and more are expected), we would not proceed to execute contracts until sufficient funding has been committed and signed "Letters of Understanding" have been received. Given the short time available to complete this project, we cannot wait until all funds are received to start. Therefore, the Board should be comfortable with this risk of moving ahead without all funds in hand. While that risk is recognized, it currently seems more likely that the League will receive more funds than necessary to complete the Guide Plan. In that event, the "letter of understanding" anticipates that the League would make equal reimbursements to all participating cities. The League would own the final Guide Plan and could sell it to non-participating cities, in recognition of the League's staff time in coordinating this initiative. Although this project involves considerable staff time and some risk, it clearly would be of major assistance to a significant number of member cities and represents the type of response called for by our strategic plan and which our members have come to expect.