1g National Pollutant DischargeCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen. tv',t.155317
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MEMORANDUM
To:
From:
Date:
Re:
Todd Gerhardt, City Manager
Lori Haak, Water Resources Coordinator
July 18, 2002
NPDES Phase II Stormwater Guide Plan Letter of Understanding with
League of Minnesota Cities
SUMMA R Y
Staff is requesting the City Council authorize the Mayor and City Manager to sign
the attached Letter of Understanding to the League of Minnesota Cities regarding the
development of the guide plan for the NPDES Phase II application.
In 1990, the United States Environmental Protection Agency (EPA) began regulating
storm water through the implementation of the National Pollutant Discharge
Elimination System (NPDES) Phase I rules. The Phase I rules addressed: 1.
Municipal separate storm sewer systems (MS4s) generally serving populations of
100,000 or greater (In Minnesota, this was the cities of Minneapolis and St. Paul.); 2.
Construction activity disturbing 5 acres of land or more; and 3. Ten categories of
industrial activities.
In order to address growing storm water-related concerns, the EPA has expanded the
NPDES to include MS4s in urbanized areas and operators of construction sites 1 to 5
acres. This is known as NPDES Phase II. The City of Chanhassen is an MS4
subject to Phase H of the NPDES rule. (A draft list of MS4s can be found in
Attachment 1.)
A presentation at the September 9, 2002 City Council work session will address this
rule and its effects on the City of Chanhassen in greater detail. However, the City
has a limited amount of time in which to sign a Letter of Understanding that would
allow us to save time and money by joining forces with other cities through a
partnership with the League of Minnesota Cities (LMC).
A consultant will prepare the proposed guide plan under the direction of the LMC, a
steering committee of municipal representatives and the Minnesota Pollution Control
Agency. The LMC will charge each municipality a one-time fee of $5,000 for the
guide plan, which will help cities complete 50-65% of the NPDES Phase 1I
Application. The guide plan will help cities to submit the NPDES Phase II
Application by the March 2003 deadline.
The Letter of Understanding is necessary in order for the City of Chanhassen to
participate and tnust be signed and submitted no later than August 15, 2002.
ATTACHMENTS:
1. DRAFT List of MS4s
2. July 15, 2002 Letter from League of Minnesota Cities
3. Letter of Understanding
The City o! Chanflassen · A gro~,,/ng community with clean la~:es, qua!i!y sc,floois, a charming downtown, thriving businesses, winding trails, and beautilui parks. A great place to live, ;york. and play.
~ 0
L
L~a~u~ of M~nne~ota C~tle~
Cities promotln~ excellence
145 University Avenue West, St. Paul, MN 55103-2044
Phone: (651) 281-1200 · (800) 925-1122
TDD (651) 281-1290
LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-1298
Web Site: http://www.lmnc, org
TIME SENSATIVE MATERIAL
July 15, 2002
Lori Haak, Water Resources Cood.
City of Chanhassen
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
Dear Lori:
Based on the significant number of cities responding to the LMC's June 7, 2002 letter, 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.
Your city may include its $5000 contribution with the signed Letter of Understanding or we will
invoice your city for the amount.
Sincerely,
James F. Miller
Enclosure
ECEIVED
JUL i 6 ZOO2
CiTY OF ,..,HA.,~H, ,SSEN
AN EQUAL OPPORTUNITY/AFFIRMATiVE ACTION EMPLOYER
League of Minnesota Cities
Cities promot;(~g excellence
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 15, 2002
Letter of Understanding
Re: NPDES Phase II Stormwater Guide Plan - Letter of Understanding
Dear Lori Haak, Water Resources Coed.
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, 2002 letter,
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 USEPA 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.
Interviexv / 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 xve anticipate the cost to be about $200,000. It is anticipated the contfact 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
Training / 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@lnmc.org; or Tom Grundhoefer at (651) 281-1266 or
email' tgrundho @ lmnc.org.
Sincerely,
James F. Miller
Executive Director
Agreed to on this date
Attest:
by the city of
Mayor
Clerk
,AN EQUAI~ OPPORTUNITY / AFFIRMATIVE ACT1ON EMPLOYER 3