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Mayor Gamec stated that his concern is that if the City is made aware of a site problem and they <br />don't do anything about it than the City is put at risk for a lawsuit. <br /> <br />Councilmember Zimmerman stated that to be fair to both parties there is the right-of-way line <br />where the City's rights end and the property owner's begins and they need to make sure that the <br />City is not going onto private property to trim branches. <br /> <br />Consensus of the Public Works Committee was to direct staff to work with the property owner <br />on trimming back the trees. <br /> <br />Case #2: Update on NPDES Phase II Implementation <br /> <br />Principal City Engineer Olson stated that in April of last year, the Minnesota Pollution Control <br />Agency (MPCA) started discussion regarding the National Pollution Discharge Elimination <br />Systems (NPDES) Phase II. The MPCA was given the responsibility of developing a procedure <br />for implementing this second phase of stormwater permitting by the United States Environmental <br />Protection Agency (USEPA). By August of last year the procedure was next to complete but still <br />pending a legal challenge in the court system. Since there was still some uncertainty in what was <br />the appropriate course of action to ensure compliance with the new rules, the League of <br />Minnesota Cities (LMC) asked for participation from affected cities and received an enormous <br />response. The City of Ramsey was one of 109 cities and 3 counties that financially participated in <br />the preparation of the Guide Plan to identify the steps necessary to comply with this unfunded <br />federal mandate. On November 7, 2002, the Guide Plan was completed and delivered to each of <br />the participating member cities. On December 9, 2002, the permit process was complete. The <br />primary goal of this permit is to restore and maintain the chemical, physical, and biological <br />integrity of waters of the state through management and treatment of urban storm water runoff. <br />This i s accomplished b y management o f Municipal Separate Storm Sewer Systems through a <br />Storm Water Pollution Prevention Program. <br /> <br />Councilmember Zimmerman inquired as to what the in-house costs would be. <br /> <br />Principal City Engineer Olson explained that this is an extremely intensive process, depending on <br />what is put in the application. The program is an unfunded mandate imposed by the MPCA and <br />there have been estimates as to what the cost will be to each city ranging from $2.00 to $10.00 <br />per capita. He did not believe that the $10.00 per capita was out of line. It was his <br />recommendation that the funds from the storm water utility be used to offset the costs. <br /> <br />Councilmember Kurak inquired if they use the storm water utility funds to offset the costs of the <br />program what will the City do if they need to clean ditches. She questioned if staff was <br />considering increasing the storm water utility rate. <br /> <br />Principal City Engineer Olson explained that the City of Ramsey has a very complicated storm <br />water utility system. <br /> <br />Public Works Committee/January 21, 2003 <br /> Page 4 of 11 <br /> <br /> <br />