Agenda - Planning Commission - 12/07/2006

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Presentation Civil Engineer II Linton explained the City is required to comply with the National Pollutant Discharge Elimination System Phase II (NPDES II) program as administered by the Environmental Protection Agency (EP A) and the Minnesota Pollution Control Agency (MPCA). The City filed a 5 year plan in 2003 outlining measures that would be undertaken to improve stormwater quality. The plan was revised and resubmitted in 2006 as required by the MPCA. One of the requirements is adoption of an Erosion Control Ordinance. City Code and the rules of the Lower Rum River Water Management Organization cover most of the requirements contained in this new ordinance; however, the current code lacks provisions for enforcing the requirements. A draft of this proposed ordinance was presented at the February 2006 Planning Commission meeting. Civil Engineer II Linton explained the ordinance covers most earth disturbing activities that will take place in the City. There are some exceptions for emergency repairs and small utility excavations. Any project requiring a building permit will be required to comply with the ordinance. The new ordinance has provisions for collecting an erosion control escrow at the time the permit is obtained. The escrow will cover City costs for street cleaning and erosion control if the applicant fails to take corrective measures after being notified of the problem. The escrow will not be required if the project is in a development covered by a CUlTent Letter of Credit with the City and the developer provides written verification that the builder will be covered by the Letter of Credit. Mr. Linton indicated staff has refined the ordinance and is bringing it forward for the public hearing. The Public Works Committee of the City Council has reviewed the Ordinance and recommended it be presented to the full Council after the public hearing. Chairperson Nixt asked if the Development Agreement is being amended to accommodate this change with the escrow and if there is a checklist in place to be certain an escrow is not released before an inspection is done. Civil Engineer II Linton responded in tlle affirmative. He explained there is usually not a problem with the builders, but there has been a couple of cases where there has been fmger pointing about who is responsible. This Letter of Credit requirement will cut to the chase with an agreement between the builder and developer to cover them in a blanket agreement. In the cases of lots of record or places where the Letter of Credit has already been closed, an escrow of $1,500 will be collected to start with. This amount is referenced to the annual Table of Rates and Charges adopted by City Council so it can be indexed without revising and rewriting the ordinance. Citizen Input There was none. Motion by Commissioner Levine, seconded by Chairperson Nixt, to close the public hearing. Planning CommissionlNovember 2, 2006 Page 6 of 10 P6