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HomeMy WebLinkAbout10/23/2002 Council Minutes• • • CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED CITY OF LINO LAKES MINUTES DATE : October 23, 2002 TIME STARTED : 5:35 p.m. TIME ENDED : 9:00 p.m. MEMBERS PRESENT : Councilmember Dahl (8:35), Carlson, O'Donnell, Reinert and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Community Development Director, Michael Grochala; and City Engineer, Jim Studenski (part) SET SPECIAL MEETING DATE FOR GROWTH MANAGEMENT POLICY DISCUSSION, LINDA WAITE SMITH City Administrator Waite Smith advised Council would be discussing the Subdivision Ordinance at the special work session on October 30, 2002. A meeting to discuss the Growth Management Policy also needs to be scheduled. She distributed a November and December calendar and reviewed possible meeting dates. Council determined a special work session to discuss the Growth Management Policy will be tentatively scheduled for November 19, 2002, 6:00 p.m. STORM WATER MANAGEMENT GUIDE PLAN, MICHAEL GROCHALA Community Development Director Grochala advised in 1990, the Environmental Protection Agency (EPA) established Phase I of the National Pollutant Discharge Elimination System (NPDES) storm water program. Polluted storm water runoff is often transported to municipal separate storm sewer systems (MS4s) and ultimately discharge into local rivers and streams without treatment. The purpose of the NPDES Phase I was to implement a storm water management program as a means to control polluted discharges to (MS4s). MS4s are categorized as a state, city, county, township, watershed district or other public agency who discharges to waters of the U.S. using systems they own that are designed or used for collecting or conveying storm water. Phase I relied on NPDES permits to address storm water runoff from: (1) large (MS4s) generally serving populations of 100,000 or greater (2) ten categories of construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. NPDES permits for construction activities within Lino Lakes are currently administered by the Minnesota Pollution Control Agency (MPCA). NPDES Phase II is intended to further reduce adverse impact to water quality and aquatic habitat by extending coverage to small MS4s, including Lino Lakes, and construction activities disturbing one to five acres. MS4 cities are required to complete their Notice of CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED • Intent (permit application) and draft Storm Water Pollution Prevention Program (SWPPP) by March 10, 2003. The SWPPP must include the following elements: 1. Public Education and Outreach. Distributing education materials and performing outreach to inform citizens about the impacts polluted storm water runoff discharges can have on water quality. 2. Public Participation/Involvement. Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representation on a storm management panel. 3. Illicit Discharge Detection and Elimination. Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste). 4. Construction Site Runoff Control. Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb one or more acres of land (controls could include silt fences and temporary storm water detention ponds). 5. Post Construction Runoff Control. Developing, implementing, and enforcing a • program to address discharges of post -construction storm water runoff from new development and redevelopment areas. Applicable controls would include preventative actions such as protecting sensitive areas (e.g. wetlands) or the use of structural Building Management Practice's such as grassed swales or porous pavement. 6. Pollution Prevention/Good Housekeeping. Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch -basin cleaning). In response to individual City concerns, regarding the requirements, the League of Minnesota Cities (LMC) is in the process of completing a guide plan to help MS4 cities complete 50% to 65% of their Phase II Permit Application and Storm Water Pollution Prevention Program. The cost to individual cities is $5,000.00. However, the LMC is anticipated to remit between $1,000 to $2,500 per community, depending on the total number of cities contributing. There are currently 73 local government units collaborating with LMC on the project. Participating in the guide plan program offers several advantages to the City including: 1. Efficiency. The guide plan will stream line the program development by 110 providing the initial framework. CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED • 2. Cost Savings. Using the Guide Plan will allow approximately half of the permit and SWPPP to be completed in house. • • 3. MPCA is strongly supporting the plan, which will help expedite the approval process. 4. Consistency. The Lino Lakes plan will be generally consistent with other LGU's preparing the plan. Staff is proposing to use Surface Water Management Funds to cover the cost of the participation. City Administrator Waite Smith advised all participants have to sign the plan and agree the plan will not be shared with non -participating communities. Mayor Bergeson asked if there would be additional costs in the future. Community Development Director Grochala stated there will be additional costs but staff does not know the extent of them at this time. The permit is good for five years and the projects have to be scheduled out for five years. The City will eventually have to review a long term funding source for this project. Mayor Bergeson asked if there would be any shift in responsibility as far as the County and the Rice Creek Watershed District. Community Development Director Grochala advised the County is currently in charge of the ditches although the Rice Creek Watershed District is the authority. The issue for the City is if the ditches are public waters. Councilmember Reinert asked if the program is really just closer monitoring of the storm water systems. Community Development Director Grochala advised the program does involve closer monitoring of the storm water and will ultimately result in better water and cleaner lakes. Councilmember Reinert inquired about measuring progress of providing better water and cleaner lakes. Community Development Director Grochala stated the program is an unfunded federal mandate. The City does not have a choice about participating. Most of the projects within the program the City should be doing anyway. Measurements of water quality will be taken quite frequently. There will be benefits to the City such as decreasing long-term maintenance costs. Councilmember Carlson stated the City may have to change the surface water management fee to help cover the costs of this program. This item will appear on the regular Council agenda Monday, October 28, 2002, 6:30 p.m. CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED • JIM CULP BILLBOARD REQUEST, MICHAEL GROCHALA • • Community Development Director Grochala advised Mr. Culp has requested the City look at allowing him to place billboards along 35W. Billboards are not currently allowed in the area because it is a rural district. The only signs the City allows are in RB -R districts per City Ordinance. He noted that even if the City allowed billboards in that area, MnDOT only allows billboards in commercial and industrial areas. Mr. Culp stated he would like a variance to allow billboards and indicated he will deal with MnDOT independently. Community Development Director Grochala stated a variance is not an option because it is a use variance. The City would have to amend the ordinance. Councilmember Reinert stated if the ordinance were amended for Mr. Culp's request, others would also be able to put up billboards along the freeway. City Administrator Waite Smith advised Mr. Culp that the Council believes it is in the best interest of the entire City to prohibit billboards in all areas but RB -R districts. ELM STREET RECONSTRUCTION PROJECT, JIM STUDENSKI AND MICHAEL GROCHALA City Engineer Studenski distributed plans for the Elm Street reconstruction project noting there have been two neighborhood meetings. Residents appear to be absorbing all the information. The street itself is in pretty bad shape and has an average of 2,000 cars on it per day. He noted there is no street parking allowed on Elm Street. He reviewed the plans and specifications of the project noting that to meet the current timeline of spring construction the City needs to begin acquiring right-of-way. Mayor Bergeson inquired about the amount of right-of-way that will be needed and how many properties that will affect. City Engineer Studenski reviewed the areas that right- of-way will be necessary within the project noting the only large area is for the ponding and that does not affect any residents. City Engineer Studenski advised the City has sent out a letter to residents spelling out the proposed assessments. The assessments include $2,000 per lot for the street and $1,000 per lot for the storm sewer. Those assessments are similar to the Lakes Addition project and Ware Road project. The vast majority of the project will be covered by state aid funds. Mayor Bergeson asked how much residents are getting in benefit from state aid funds. City Engineer Studenski advised over $1 million in funding is coming from state aid funds. Councilmember O'Donnell inquired about the assessments for St. Joseph's Church. City Engineer Studenski advised St. Joseph's will be assessed for multiple lots. • • CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED City Engineer Studenski advised staff would like to move forward with Council authorizing the Preparation of Plans and Specifications for Street and Storm Sewer on Elm Street and hold the public hearing on Monday night. Councilmember O'Donnell inquired about the traffic calming aspects on Elm Street. City Engineer Studenski stated the street will be 32 feet wide and landscaping and signaling will be done also but those details have not yet been worked out. This item will appear on the regular Council agenda Monday, October 28, 2002, 6:30 p.m. 62ND STREET RECONSTRUCTION PROJECT, JIM STUDENSKI AND MICHAEL GROCHALA City Engineer Studenski distributed the plans for the reconstruction of 62"a Street. The City has received a petition from the residents to exempt them from any road assessments and a petition to install sanitary sewer and water with the street reconstruction. City Engineer Studenski reviewed the plans and specifications of the project noting the street reconstruction portion of the project will be funded mostly through state aid. Sanitary sewer and watermain will be mostly funded through assessments. Community Development Director Grochala noted that currently the area south of 62"d Street is unsewered and a Comprehensive Plan amendment would be needed to get MUSA in that area. Councilmember O'Donnell asked if the City could just stub that area and not amend the Comprehensive Plan. Community Development Grochala stated the City can stub that area but then properties can not be assessed for those costs. It is cost efficient to put in the sewer and water when the street is reconstructed. If the City does not amend the Comprehensive Plan, assessments could not be collected until at least 2010. Mayor Bergeson stated it seems unreasonable that residents want the City to amend the Comprehensive Plan so they have sewer and water but they do not want to pay for the street reconstruction. Councilmember O'Donnell asked how many potential acres of MUSA the City would be adding if the south side is included in the MUSA area. Community Development Director Grochala stated the area would involve the addition of approximately 420 acres of MUSA with net land equaling about half of that amount. Another option is to change the growth area and land use to sewered but not allocate the full complement of MUSA. The other alternative is to do only the street reconstruction. City Engineer Studenski noted there is significant right-of-way that needs to be acquired to complete the project. City Administrator Waite Smith suggested there may be some room for compromise with the neighborhood. CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED City Planner Studenski stated the City does not have the funds to reconstruct the road at the City's cost. There will be more neighborhood meetings in the next 60 days to discuss various issues including assessments. Community Development Director Grochala stated the City could just reconstruct the road and put in the watermain. Then the City would not need MUSA or a Comprehensive Plan amendment. City Engineer Studenski advised staff is recommending the City move forward with the Authorizing the Preparation of Plans and Specifications for the street and storm sewer on 62' Street. Councilmember Carlson inquired about the legality and status of the petitions. Community Development Director Grochala advised the petitions are legal but the tally may be incorrect. Council directed staff to determine the correct tally and legal status of the petition prior to the Monday night Council meeting. City Engineer Studenski advised the City has a $2 million current balance of state aid funds. The City receives approximately $475,000 per year. The Elm Street and 62nd Street projects will cost approximately $3.3 million. The City will potentially have to 11/ borrow ahead on state aid funds to complete the projects. Mayor Bergeson requested written documentation regarding the state aid funds balance and the cost of the projects. That information will be included in the Friday update. • This item will appear on the regular Council agenda Monday, October 28, 2002, 6:30 p.m. BRIEF UPDATE ON STATUS OF MOLD REMEDIATION, LINDA WAITE SMITH City Administrator Waite Smith distributed a copy of an estimate and description of the work that needs to be done in the Early Education Learning Center for the mold problem. The cost does not include City Hall or the Police Department. Finance Director Rolek has recommended the City pay both bills out of the same fund for a total approximately $26,000. The City Attorney has been contacted regarding this issue and who might be responsible for the costs. City Administrator Waite Smith advised the City has to get the clean up done and pay for it. Staff will continue to work with the City Attorney to get the costs reimbursed. It is possible that the costs may not be reimbursed because changes were made to the building specifications. i • • CITY COUNCIL WORK SESSION OCTOBER 23, 2002 APPROVED Councilmember Carlson asked if the source of the mold has been identified. City Administrator Waite Smith stated Northern Air Corporation (NAC) has indicated the HVAC system is the cause of the mold. This item will appear on the regular Council agenda Monday, October 28, 2002, 6:30 p.m. CENTENNIAL UTILITIES COUNTERPROPOSAL, LINDA WAITE SMITH City Administrator Waite Smith distributed a counter proposal from Centennial Utilities. Centennial Utilities has indicated they will accept a multi-year $50,000 cap with $20,000 of that for property tax and $30,000 built into the Lino Lakes rate. The $30,000 would not be shown as a separate charge on customer's bills. City Administrator Waite Smith asked for Council direction regarding the counter proposal. It was the consensus of Council to withdraw the previous offer to cap the fee and investigate instituting a franchise fee for Reliant Energy Minnesgasco. REGULAR AGENDA, OCTOBER 28, 2002 Item 7E, Consideration of Resolution No. 02 —153, Denying Variance, Brown — Councilmember Carlson requested the Planning and Zoning Board minutes regarding this issue. There were no other changes to the regular Council agenda. The meeting was adjourned at 9:00 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on November 12, 2002. Ann Blair,(4 ityi Jerk John Bergeson, i layor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7