01-17-23 City Council AgendaJanuary 17, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Certificate of Appreciation for Rev. Richard Buller of Valley Community Presbyterian Church
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of Regular City Council Meeting Minutes of January 3, 2023
3B.Approval of Check Registers
3C.Licenses:
3C.1.Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore Wirth
Parkway
3D.Boards, Commissions, and Task Forces:
3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission
3D.2. Receive and File Statement from the Police Employment, Accountability, & Community
Engagement (PEACE) Commission
3E. Bids, Quotes, and Contracts:
3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with
CITY COUNCIL REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options:
Members of the public may attend this meeting by watching on cable channel 16, streaming on
CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2469 592
0981. Members of the public wishing to address the Council remotely have two options:
Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2469 592 0981 . Press *3 to raise your
hand during public comment sections.
City of Golden Valley City Council Regular Meeting January 17, 2023 — 6:30 PM
1
Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian
Underpass and Mini Roundabout Project
3E.2.Authorize Master Agreement for Product and Services with ESRI
3E.3.Approve Engagement Letter - Auditing Services for 2022 Fiscal Year
3F.Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to
Fund Specific Capital Improvements
4.Public Hearing
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.First Consideration of Salt Storage Ordinance No. 757
6B.First Consideration of Updated Stormwater Management Ordinance No. 758
6C.Review of Council Calendar
6D.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting January 17, 2023 — 6:30 PM
2
January 3, 2023 —6:30 PM
Council Chambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
1B. Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, City Planner Campbell, and City
Clerk Schyma
1C. Certificate of Appreciation for Outgoing Robbinsdale School Board Member Mike Herring
Mayor Harris discussed the certificate of appreciation and the Council thanked Mr. Herring for his
partnership and service over the years.
Mr. Herring expressed appreciation to the Council for their support and recognition.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3F -Approve Resolution No. 23-003 Designating Depositories for City Funds and
#3H -Approval of Federal and State Legislative Priorities for 2023.
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City of Golden Valley City Council Regular Meeting
January 3, 2023 – 6:30 pm
2
Motion carried 5-0.
3A. Approval of Check Register
3B. Licenses:
3B.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American
Legion Post 523
3B.2. Gambling License Exemption and Waiver of Notice Requirement - Golden Valley Police
Association
3C. Bids, Quotes, and Contracts:
3C.1. Approve Purchase of a Bobcat UW56 Toolcat
3C.2. Approve Purchase of a Bobcat T66 Compact Track Loader
3C.3. Approve Settlement Agreement and Authorize Payment for the Acquisition of Property
Rights from Parcel 3 for Douglas Drive and Trunk Highway 55 Intersection
Improvement Project, Resolution No. 23-001
3C.4. Approve Memorandum of Understanding with Sweet Potato Comfort Pie
3C.5. Approve Professional Services Agreement with Padilla Speer Beardsley, Inc for
Communications Consulting
3D.Designation of 2023 Official Newspaper - New Hope/Golden Valley Sun-Post
3E.Approve Resolution No. 23-002 - Annual Elections for the 2023-24 Insurance Policy
3F.Approve Resolution No. 23-003 Designating Depositories for City Funds
3G.Approval of Use of Credit Cards for Purchases
3H.Approval of Federal and State Legislative Priorities for 2023
3I.Approval of One-Year Extension of Zoning Code Variance for 3017 Major Ave N
3. Items Removed From the Consent Agenda:
3F. Approve Resolution No. 23-003 Designating Depositories for City Funds
Mayor Harris thanked staff for continuing the City’s diversity, equity, and inclusion efforts by
including BIPOC-owned banks on the list of depositories for City funds.
Motion by M. Harris, Second by Sanberg to approve Resolution No. 23-003 Designating
Depositories for City Funds.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
3H. Approval of Federal and State Legislative Priorities for 2023
Council Member Harris spoke about the prioritization process.
Motion by M. Harris, Second by Rosenquist to approve 2023 Federal and State Legislative
Priorities.
Motion carried 5-0.
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City of Golden Valley City Council Regular Meeting
January 3, 2023 – 6:30 pm
3
4.Public Hearing
5.Old Business
6.New Business
6A. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6B. Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
Motion by M. Harris, Second by Sanberg to adjourn the meeting at 6:59 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3B. Approval of Check Registers
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims again the City of Golden Valley.
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=692130&dbid=0&repo=GoldenValley
The check register(s) for approval:
12-30-22 Check Register
01-06-23 Check Register
Financial or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount pad by fund.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3C.1. Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore Wirth
Parkway
Prepared By
Theresa Schyma, City Clerk
Summary
JLD Group LLP, 1301 Theodore Wirth Parkway, currently have an On-Sale Beer and Wine license. The
business owners contacted staff at the end of 2022 to discuss upgrading their current license to a full
on-sale liquor license with Sunday sales. After review and consultation with the business owners, the
City Clerk found no reason to deny the license.
After Council approval, the City Clerk will forward the liquor license application to the Minnesota
Alcohol Gambling Enforcement Division to complete processing. The updated license will keep the
original expiration date of June 30, 2023.
Financial or Budget Considerations
Fees received for liquor licenses help to defray costs the City incurs to administer license
requirements. The updated license will not be issued until all additional fees have been received.
Legal Considerations
The City Clerk has reviewed the updated application, and has found the documents are in order and
complete. The background investigation conducted by the Police Department during the recent
license renewal process is still current.
Equity Considerations
Helping small business owners find ways to expand their business fits within the 'economic prosperity
for all' pillar of the City's Equity Plan.
Recommended Action
Motion to approve the issuance of an On-Sale Liquor License with Sunday sales to JLD Group LLP, 1301
Theodore Wirth Parkway.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission
Prepared By
Tara Olmo, Executive Assistant
Summary
The Council appointed City Manager Cruikshank to a three year term on the Golden Valley-Crystal-
New Hope Joint Water Commission (JWC) on January 21, 2020 and needs to make a reappointment
before the current term expires. Historically these appointments are filled by the City Manager of each
representing city.
Legal Considerations
None
Equity Considerations
None
Recommended Action
Motion to adopt Resolution No. 23-005 reappointing City Manager Timothy J. Cruikshank as the City of
Golden Valley Representative on the Golden Valley-Crystal-New Hope Joint Water Commission.
Supporting Documents
Resolution No. 23-005 - Reappointing City Manager to Joint Water Commission
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RESOLUTION NO. 23-005
RESOLUTION APPOINTING CITY MANAGER AS CITY OF GOLDEN VALLEY REPRESENTATIVE ON
THE GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION
WHEREAS, the cities of Golden Valley, New Hope and Crystal created a Joint Water
Commission (the “JWC”) in 1963 to benefit the three communities; and
WHEREAS, pursuant to section 2 of the JWC Joint Powers Agreement, the City Council of
each city must appoint a representative to the JWC Commission by resolution; and
WHEREAS, it is in the best interest of the City to appoint the City Manager to the
Commission for a three year term or until such time as there is a change to the joint powers
organization; and
WHEREAS, the City Manager was last appointed to a three year term on the JWC on
January 21, 2020 and should be reappointed before the current term expires.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley,
Minnesota, that City Manager Timothy J. Cruikshank is hereby reappointed to a three year term as
the City of Golden Valley's representative on the Golden Valley-Crystal-New Hope Joint Water
Commission.
Adopted by the City Council of Golden Valley, Minnesota this 17th day of January 2023 .
____________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________________
Theresa Schyma, City Clerk
9
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3D.2. Receive and File Statement from the Police Employment, Accountability, & Community
Engagement (PEACE) Commission
Prepared By
Airrion Williams, Community Connection and Outreach Specialist
Summary
The Police Employment Accountability and Community Engagement Commission, in its advisory
capacity to the City Council has reviewed and discussed the results of the recent Police department
investigation. The Commission has also recently reflected on its work over the last year and is
committed to transforming policing through collaboration and trust. Commission members feel that it
is critical to communicate with the City Council and the community, expressing transparent thoughts
and beliefs about the future of the Commission, and its work with the Police department.
Roslyn Harmon, Vice Chair of the PEACE Commission, will be reading the statement at the Council
Meeting.
Financial or Budget Considerations
This item does not have financial considerations.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item aligns with the inclusive community engagement and advancement of diversity equity and
inclusion pillars of the City's equity plan.
Recommended Action
Motion to receive and file statement from the Police Employment, Accountability, & Community
Engagement (PEACE) Commission.
Supporting Documents
Response to Police Investigation 1-12-23
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GOLDEN VALLEY PEACE COMMISSION RESPONSE TO THE
CITY-INITIATED INVESTIGATION INTO AN HR COMPLAINT AND ALLEGED DATA BREACH
We on the Golden Valley PEACE Commission began our first year with energy and high hopes. We
understood that our initial focus would be on learning and relationship building, and we were advised
that the work would be more challenging than we expected.
Still, we did not anticipate the impact on the pace of our progress from ongoing Police Department
attrition and the City-initiated investigation into an HR Complaint and alleged data breach. When its
findings were released in December, uncertainty turned to dismay that a long-time officer felt bold
enough to mock diversity training with racist comments shared with peers and acted surreptitiously to
undermine the candidacy of now-Chief Virgil Green.
While the offending officer was dismissed, the limited scope of the investigation did not assess whether
the overall culture was resistant to change or whether any other former officers may have been
complicit. At this point, we will never know. Since implicit bias and structural racism have long been
embedded in American society, it is not enough to single out individuals without addressing root causes.
Our efforts as a Commission are better placed on the positive direction charted by new Police
Department leadership and its committed core of officers.
Transforming policing must be a broad collaborative effort that includes all segments of the community.
It will require patience, empathy, and innovation to that ensure all citizens are safe, seen, and
respected, and that police officers and staff feel supported and recognized for their contributions in
creating a safe and welcoming city.
A fresh start for PEACE and the City
Members of the PEACE Commission have an important role bringing a community lens to the processes
of police employment and accountability, but our advisory role lacks authority and effective processes
to independently pursue some changes we think are needed. As we seek innovative solutions, we also
recognize that new or unproven measures have the potential to deepen harm or distrust in our
community. That means we must move deliberately, despite our sense of urgency.
We look forward to having police officers rejoin the commission as soon as staffing levels permit.
Together, we will establish the trusting and authentic relationships needed to rebuild around a culture
that provides inclusive, community-centered service. Our participation last year in interviews with
officer candidates has been a positive example of this. We ask that the Council be open to additional
ways that community voices can be meaningfully incorporated into decision-making related to public
safety, police employment, and accountability.
Promising steps with our community partners are under way:
With GVPD
Establish PEACE relations with PD-initiated block organizations
Restore police officer participation as members of the Commission
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Develop joint understanding of data-informed practices that improve police effectiveness and
reduce disparate enforcement
With City Leadership
Continue frank discussion and constructive challenges to regulations, polices, and institutional
silos that hamper progress
Provide a community lens on the total revision of the Police Department Manual of Policies and
Practices
Improve collaboration with the DEI Commission and other City entities on intersecting initiatives
funded by the Pohlad Collaborative Solutions grant
With Community Stakeholders
Schedule forums and communications to engage the public and ensure that community input
effectively informs policy and decision-making
Introduce resident-led restorative practices that increase neighborhood safety, reduce routine
police calls for service training, and strengthen police-community relations
To stay informed about these developments, you’re invited to subscribe to PEACE Commission Email
Updates at bit.ly/3VW3uDL. Our 2023 Work Plan will provide a fuller summary later this year.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with
Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian Underpass
and Mini Roundabout Project
Prepared By
RJ Kakach, Assistant City Engineer
Jeff Oliver, City Engineer
Summary
During the design of the City’s Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout
Project it was determined that there were conflicts between the proposed pedestrian tunnel and the
existing Metropolitan Council Environmental Services (MCES) forcemains along TH 55. In order to
install the new pedestrain tunnel, the MCES forcemains need to be lowered beneath the tunnel.
The MCES has agreed to relocate the forcemain and has requested that the City perform the work as
part of its pedetrian tunnel and mini roundabout project. This arrangement will facilitate the
construction of the project and minimize construction delays. City and MCES staff have developed a
cooperative agreement that includes MCES design of the forcemain relocation, with the City
performing the construction, project observation and administration as outlined in the attached
cooperative agreement. The MCES will fund the majority of the construction and will also pay for the
City’s costs for administration and observation (approximately 7%). The cost split is based on the
difference in cost between replacing the forcemains and lowering the forcemains. Lowering the
forcemains is more expensive which requires the City to fund those costs as the project is occurring in
MNDOT right of way. The City will bill the MCES monthly for monthly reimbursement of its costs. The
estimated City's cost for the forcemain relocation is $289,900. The estimated total cost for the
forcemain relocation is $2,200,000.
Financial or Budget Considerations
Funding for the City's portion of the forcemain relocation is included in the 2023-2032 CIP W&SS-110
in the amount of $400,000.
Legal Considerations
The cooperative agreement has been reviewed by the City Attorney.
Equity Considerations
The relocation of the MCES forcemains will allow for a new pedestrian tunnel to be installed beneath
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TH 55 providing safer and better access for all users of the Douglas Drive and TH 55 intersection.
Recommended Action
Motion to adopt Resolution No. 23-004 for the execution of Cooperative Agreement with MCES for
Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project.
Supporting Documents
Resolution No. 23-004 Authoring MCES Coop Agreement for Douglas Dr & TH 55 Underpass
Cooperative Construction Agreement Douglas-55 PED Underpass
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RESOLUTION NO. 23-004
RESOLUTION AUTHORIZING EXECUTION OF METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES (MCES) CONSTRUCTION COOPERATIVE AGREEMENT
FOR THE DOUGLAS DRIVE 55 UNDERPASS AND MINI ROUNDABOUT PROJECT
WHEREAS, The City is finalizing design for the Douglas Drive and Trunk Highway
55 Underpass and Mini Roundabout project;
WHEREAS, The Douglas Drive and Trunk Highway 55 Underpass and Mini
Roundabout project requires relocation of two existing MCES forcemains in order to
construct the project;
WHEREAS, the City and MCES agreed to relocate the forcemains as part of the
City project using a cooperative construction agreement;
WHEREAS, the cooperative construction agreement outlines the construction and
cost requirements as well as reimbursement procedures for both the City and MCES;
WHEREAS, estimated City costs for the MCES forcemain relocation are
approximately $250,000 and estimated total forcemain relocation costs are $2,200,000;
and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. Authorizes the execution of the MCES Construction Cooperative Agreement for the
Douglas 55 Underpass and Mini Roundabout Project.
Adopted by the City Council of Golden Valley, Minnesota this 17th day of January, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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Met. Council No. 22I045
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COOPERATIVE CONSTRUCTION AGREEMENT FOR CONSTRUCTION OF FORCEMAIN
REPLACEMENT IN GOLDEN VALLEY, MN
This agreement is made and entered into by and between the Metropolitan Council, a
public corporation and political subdivision of the State of Minnesota (“Council”), and the City
of Golden Valley, a municipal corporation under the laws of the State of Minnesota (“City”).
BACKGROUND RECITALS
1. The City plans to construct a pedestrian underpass across TH 55 at Douglas Drive
during the 2023 construction season (“City Project”).
2. The Council desires to upgrade its forcemain at TH55 and Douglas Drive
intersection (“Council Project”).
3. Both City and Council desire that the Council Project be constructed in
conjunction with the City Project to minimize community impacts and disruption.
4. The Council is not staffed or equipped to construct the Council Project during the
2023 construction season.
5. Therefore, the Council desires to have the City construct the Council Project
contemporaneously with the City Project.
The parties agree as follows:
AGREEMENT
I.
Purpose of Agreement
1. This agreement describes the responsibilities of each of the Parties for design
and construction of the Council Project.
2. The Council appoints the City as its agent to obtain bids, enter into a contract for
the construction of the work, and supervise the work performed on the Council Project for
compliance with the Council Project construction documents and this agreement.
3. The scope of the Council Project is:
The project includes construction of a pedestrian underpass across TH 55
at Douglas Drive. In addition, utilities in the project area or rerouted or
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Met. Council No. 22I045
2
improved. The Council is working with the City through a cooperative
agreement to rehab approximately 600 feet of forcemain (Interceptor
7027-1) and construct an air relief structure.
4. The locations of the Council Project and the City Project are shown on Exhibit A
to this agreement.
II.
Construction Documents
1. Council or its agents, at no cost to the City, will prepare the necessary detailed
construction documents for the Council Project (“Council Project Construction Documents”).
The Council Project Construction Documents will contain plans and specifications and a
schedule for construction of the Council Project suitable for use by proposed contractors in the
preparation of their bids. The Council will develop the Council Project Construction Documents
using the most current industry standards and practices for forcemains. The Council or its
agents have prepared a construction cost estimate for the Council Project, attached as Exhibit
B.
2. The Council will have a Registered Professional Engineer licensed in the State of
Minnesota prepare and certify the Council Project Construction Documents that will be
incorporated into the bidding documents for the City Project. When requested by the City, the
Council will make all Council Project Construction Documents available to the City in a timely
manner for periodic review. The City’s Engineer or its representative will approve all Council
Project Construction Documents before the Council Project Construction Documents are
incorporated into the plans for the City Project.
3. The Council will deliver to the City original, reproducible, certified final Council
Project Construction Documents on a schedule that will allow the City to timely let and award a
construction contract for the City Project.
4. The Council retains ownership of all original Council Project Construction
Documents. When the City completes its reproduction of the Council Project Construction
Documents, the City will return the original documents to the Council.
5. The City’s Engineer will incorporate the Council Project Construction Documents
into the City Project Construction Documents (“Combined Project Construction Documents”)
for the City and Council Projects (“Combined Project”).
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Met. Council No. 22I045
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III.
Easements and Permits
1. The Council gives the City the right to enter onto Council property, and any
easements and rights-of-way the Council obtained for construction of the Council Project for
the purpose of the City fulfilling this agreement.
2. The City will acquire all permanent and temporary permits, easements and
property interests necessary in the City’s name for the Combined Project. City is not acquiring
any property on the Council’s behalf. The City will permit the Council to have its forcemains
within the easements that the City acquires for the Combined Project and the Council will
reimburse the City for the permit as described in Section VII below.
3. As of the date of this agreement, no additional property acquisition is required
for construction and installation of the Council Project. The Council is responsible for any land
acquisitions outside of the City Project boundaries.
4. The City is responsible for getting all permits associated with construction of the
Combined Project, including but not limited to a MNDOT right of way permit, a Hennepin
County right of way permit, and an NPDES permit.
IV.
Procedure for Acceptance of Bids
1. Bidding Procedure. Prior to advertising for bids, the City will allow the Council to
review the bidding documents. The City will advertise for bids for the work and construction of
the Combined Project, receive and open bids and may, subject to Council’s acceptance of the
bid submitted, enter into a construction contract with the successful bidder in accordance with
applicable law. The bidding documents will require separate line items for specific Council
Project bid items.
After opening the bids, the City will give the Council a written tabulation of the bids with the
City’s recommendation for selection of the lowest responsible bidder.
2. Council May Accept or Reject of Council Project Bid Amount.
a. Council Project Bid Amount is less than 120% of estimate. If the line items
for the Council Project in the bid total less than 120% of the construction cost
estimate in the final Council Project Construction Documents in Exhibit B
(excluding contract administration costs), the Council accepts the bid for the
Council Project and the City will award the Council Project portion of the bid.
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Met. Council No. 22I045
4
b. Council Project Bid Amount is 120% or More of Estimate. If the line items
for the Council Project in the bid are 120 percent or more of the construction
cost estimate in the final Council Project Construction Documents in Exhibit B
(excluding contract administration costs), the City will award the Council
Project portion of the bid, unless the Council gives the City written notice
stating that the Council does not agree to be bound by the bid prices for the
Council Project. The City will receive the Council’s written notification within
14 days of the date the City provided the Council with the bid tabulation. If
the Council does not notify the City within 14 days, the bids for the Council
Project will be deemed accepted by the Council.
c. Compensation to the City if the Council Does Not Proceed with its Project.
If the Council does not accept the bid amount for the Council Project as
described in section IV.2.b above, or otherwise decides before the City’s
award of the Combined Project not to proceed with the Council Project, the
Council will reimburse the City for Council Project-related costs incurred by
the City as of the date of termination. A decision by the Council not to
construct the Council Project has no bearing on the City’s ability to proceed
with the City Project.
3. City decision not to award City Project. If the City decides not to award the City
Project, the City will reimburse the Council for Council Project-related costs incurred by the
Council as of the date of termination. A decision by the City not to construct the City project
has no bearing on the Council’s ability to independently advertise and accept bids for and
construct the Council Project.
V.
Construction and Contract Administration
1. The City will include in the construction contract for the Combined Project, the
Council Project Construction Documents, and require that the contractor construct the Council
Project according to these Documents. At least 14 days before the contractor begins work on
the Council Project, the City will give written notice to the Council that the contractor will begin
construction by sending notice to:
Council Contact: Ryan Piner
Title: Principal Engineer
Address: 3565 Kennebec Drive
Address: Eagan, MN 55122
Email: Ryan.Piner@metc.state.mn.us
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Met. Council No. 22I045
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2. The City will perform and direct all construction supervision, contract
administration and inspections required to complete the Combined Project. The City will not
interrupt the operation of the forcemain during the construction of the Council Project without
the written consent of the Council.
3. The Council’s authorized representative (Jim Sailer, or its designee identified to
the City in writing) may observe the work during the construction of the Council Project, but the
Council’s authorized representative is not responsible for supervising the Council Project.
When observing the work, the Council’s authorized representative will cooperate with the
City’s Engineer or designated representative. The Council’s authorized representative will be
available to the City at all times during construction of the Council Project. The Council will
designate an authorized representative with the authority and experience to make decisions
concerning the construction of the Council Project so as not to delay construction of the City
Project or the Combined Project.
4. If after installation, the Council determines that any portion of the Council
Project was not constructed substantially in accordance with the Council Project Construction
Documents, the Council’s authorized representative will inform the City of the deficiency within
seven days. The Council’s notice to the City will also explain why the portion of the Council
Project does not conform to the Council Project Construction Documents and the actions the
Council believes the contractor will take to correct the deficiency. The City will require the
contractor to make the corrections to meet the requirements of the Council Project
Construction Documents.
5. The Council’s authorized representative will participate in the inspection of the
Council Project for substantial completion. Within seven days of any substantial completion
inspection, the Council will provide the City the punch list items that need to be addressed
before final completion of the Council Project. If the Council does not provide punch list items
within seven days, the contractor’s work will be deemed accepted.
6. The City will inform the Council in writing of final completion of construction
(including the punch list items) of the Council Project. Within seven days of receiving the City’s
written notice, the Council will inform the City in writing whether the Council Project conforms
to the Council Project Construction Documents. The Council makes the final decision on
whether the contractor’s Council Project work conforms to the Council Construction
Documents. The Council will accept the work on the Council Project in writing.
7. The Council will participate in the claims process on the Combined Project for
the following types of contractor claims:
a. project delays relating in any way to site conditions; and
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Met. Council No. 22I045
6
b. Council requests for changes or modifications to any construction
documents (Council Project, City Project, or Combined Project).
c. project delays caused by untimely response to the inspection
requirements in Article V.
The Council will pay the portion of any claim that relates to the acts of the Council
regarding the Council Project.
VI.
Modifications to Construction Documents
1. The City may make minor changes in the Council Project Construction
Documents and the Combined Project Construction Documents if the changes are necessary to
complete construction. The City may also enter into any change orders or supplemental
agreements with the contractor on the Combined Project to incorporate these changes in the
Council Project or Combined Project Construction Documents. These changes may result in a
change to the Council’s cost participation described in Section VII.
2. The City will give the Council’s Authorized Representative all proposed
amendments and material changes to the Council Project Construction Documents. The Council
will review the documents and communicate in writing its acceptance or rejection to the City
within seven days. The City will not amend or change the Council Project Construction
Documents until it receives the Council’s written acceptance.
3. The Council may make changes to the Council Project if all of the following
occur:
a. The Council gives the City seven days written notice;
b. The Council bears the costs of all changes; and
c. The change does not increase the cost or delay completion of the City
Project.
VII.
Cost Participation and Payment
1. The Council will reimburse the City for the costs shown in Exhibit B as
specified in this Section VII. The Council will reimburse the City for the actual cost of
construction for the Council Project, actual costs of construction for portions of the Combined
Project as identified in Exhibit B, plus seven percent. The additional seven percent is for the
following:
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a. surveying, inspection, and testing for the Council Project;
b. other costs associated with the Council or Combined Project including contract
administration and land acquisition if applicable, and other administrative expenses
associated with the Council or Combined Project.
]
2. The City, at its sole expense will acquire in its name all permanent and
temporary permits, easements, and property interests necessary for the Combined Project.
3. The parties further agree that the Council Project costs are an estimate. The
final Council Project construction costs will be based on the unit prices in the City’s construction
contract, the final quantities, and any amendments or change orders.
4. After the City awards the Combined Project Construction Contract, the City will
prepare a revised Exhibit B and give it to the Council. The revised Exhibit B will update the
Council Project costs for construction, land acquisition, and administration based on the actual
design costs and contract unit prices. The parties will substitute the revised Exhibit B for the
Exhibit B attached to this agreement without any amendment to this agreement.
5. The City will pay its contractor for the contractor’s work on the Council Project.
The Council will then pay the City under this section. During construction of the Council
Project, the City will submit monthly invoices to the Council. The City’s monthly invoices will
include a progress report. The Council will pay the City within 30 days after it receives the
invoice. If the Council disputes any portion of an invoice it will give the City notice of the
dispute within 14 days after the Council receives the invoice. If the Council disputes any
portion of an invoice, the Council will pay the undisputed portion of the invoice within 30 days
after receipt of the invoice, and it will pay the remainder of any amount due within 30 days
after the dispute is resolved.
6. When the work on the Combined Project is substantially complete, the City will
give the Council an updated cost participation breakdown. This cost participation breakdown
will show actual construction costs based on the contract unit prices and the units of work the
contractor performed. The updated cost participation breakdown will also contain the updated
administrative and other costs to be paid to the City by Council.
7. If after subtracting the Council’s payments from the updated cost participation
breakdown the Council owes the City money, the City will invoice the Council for that amount.
The Council will then pay the City the amount owed within 30 days of receiving the invoice. If
the Council has already paid more than the updated cost participation breakdown, the City will
refund the Council’s excess amount without interest.
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VIII.
Warranties and Maintenance
1. The Council Project bonds and warranties will be issued in the name of the City.
Once construction of the Council Project is complete and the Council accepts the Council
Project, the Council Project will be under the full control of the Council and all bonds,
warranties and guarantees provided by the sureties, construction contractors and
subcontractors for the Council Project are the property of Council. If a surety prohibits
assignment then the City will require the contractor to ensure that the affected bond or
warranty is applied both to the City and the Council.
2. After acceptance of the Council Project by the Council the Council is responsible
for operation and maintenance of the Council Project.
IX.
Liability
1. To the extent authorized by law each party is responsible only for its own acts
and the results of its acts. The Council’s and City’s liability is governed by the provisions of
Minnesota Statutes, Chapter 466.
2. The Council and City each warrant that they have an insurance or self-insurance
program with minimum coverage consistent with the liability limits in Minnesota Statutes,
Chapter 466. Nothing in this agreement is a waiver or limitation of any immunity or limitation
of liability by the Council or City.
3. The City will ensure that the Combined Project construction contract includes
clauses that:
a. require the Combined Project contractor to defend, indemnify, and hold
harmless the Council, its officers, agents and employees from claims, suits,
demands, damages, judgments, costs, interest, expenses (including reasonable
attorney’s fees, witness fees and disbursements) arising out of or by reason of
the acts or omissions of the contractor, its officers, employees, agents or
subcontractors;
b. require the Combined Project contractor to provide and maintain insurance in
the amounts specified in the attached Exhibit C, which is incorporated into this
agreement, and name the Council as additional insured; and
c. require the Combined Project contractor to be an independent contractor for
the purposes of completing the work on the Council Project.
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X.
General Provisions
1. All records kept by the Council and City with respect to the Council Project are
subject to examination by representatives of each party. All data collected, created, received,
maintained or disseminated for any purpose by the Council and City under this agreement are
governed by Minnesota Statutes, Chapter 13 (“Act”), and the Minnesota Rules implementing
the Act.
2. The City agrees to comply with all laws applicable to the City relating to
nondiscrimination, affirmative action, public purchases, contracting, employment, workers’
compensation, and surety deposits required for construction contracts. Minnesota Statutes,
Section 181.59 and any applicable local ordinance relating to civil rights and discrimination and
the Affirmative Action Policy statement of the Council is considered a part of this agreement.
3. The employees of the parties, and all other persons engaged by each party will
not be considered employees of the other party. Each party is solely responsible for all claims
arising from its employees including claims under the Worker’s Compensation Act, the
Minnesota Economic Security Law and all third party claim resulting from an act or omission of
an employee.
4. If hazardous wastes, pollutants or contaminants as those terms are defined in
law exist on the Combined Project site, the City is responsible for any response or remedial
action, monitoring or reporting under the law. The City will apply for and have the Council
named as a beneficiary in any no association letters, no action/no further action letters and
other environmental regulatory assurances for the site. The City will give the Council copies of
any Phase I and Phase II environmental investigations, approved Response Action Plans, and
environmental assurance letters naming the Council as a beneficiary. This paragraph survives
the termination of this agreement.
5. This agreement is the entire agreement between the parties and supersedes all
oral agreements and negotiations between the parties relating to this agreement. All exhibits
and attachments to this agreement are incorporated into the agreement. If there is a conflict
between the terms of this agreement and any of the exhibits the agreement governs.
6. The provisions of this agreement are severable. If a court finds any part of this
agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the
remainder of this agreement. A waiver by a party of any part of this agreement is not a waiver
of any other part of the agreement or of a future breach of the agreement.
7. Any modifications to this agreement will be in writing as a formal amendment.
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8. This agreement is binding upon and for the benefit of the parties and their
successors and assigns. This agreement is not intended to benefit any third-party.
9. Except as otherwise provided for in this agreement, the agreement may be
terminated by the mutual agreement of the parties.
10. If a force majeure event occurs, neither party is responsible for a failure to
perform or a delay in performance due to the force majeure event. A force majeure event is an
event beyond a party’s reasonable control, such as unusually severe weather, fire, floods, other
acts of God, labor disputes, acts of war or terrorism, or public health emergencies.
11. Under Minnesota Statutes, Section 16C.05, subdivision 5, the Parties agree that
the books, records, documents, and accounting procedures and practices relevant to this
agreement are subject to examination by either Party and the state auditor or legislative
auditor, as appropriate, for at least six years from the end of this agreement.
12. A party will send all notices or demands under this agreement either by:
a. certified mail;
b. e-mail, as long as the recipient acknowledges receipt by e-mail or
otherwise in writing; or
c. delivered in person to the other party addressed to the following
authorized representatives:
Ryan Piner
Metropolitan Council Environmental Services
3565 Kennebec Drive
Eagan, MN 55122
Jeff Oliver
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
13. The parties will use a dispute resolution process for any unresolved dispute between
the parties before exercising any legal remedies. The dispute resolution process is a three level
dispute resolution ladder that escalates a dispute from the project management level through
the executive management level. At each level of the dispute resolution process, the Parties’
representatives will meet and explore resolution until either party determines that effective
resolution is not possible at the current level, and notifies the other party that the process is
elevated to the next level. The parties designate the following dispute resolution
representatives:
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City Representative Metropolitan Council
Representative
Level 1 City Engineer Manager
Level 2 Community Development
Director
Assistant General Manager
Level 3 City Manager General Manager,
Environmental Services
The parties will complete the dispute resolution process in good faith before resorting
to any other legal process or remedy.
14. The Council and the City are each authorized to enter into this agreement
pursuant to Metropolitan Council Action No. _______ approved on _____________, and City
Resolution No. 23-004, approved on January 17, 2023.
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15. This agreement will be effective when all parties have signed it. The date of this
agreement will be the date this agreement is signed by the last party to sign it (as indicated by
the date associated with that party’s signature).
Each party is signing this agreement on the date stated below that party’s signature.
METROPOLITAN COUNCIL,
A public corporation and political subdivision
of the State of Minnesota
By:
Name, Title
Date:
CITY OF GOLDEN VALLEY
A municipal corporation of the
State of Minnesota
By:
Shepard M. Harris, Mayor
Date: January 17, 2023
and
Timothy J. Cruikshank, City Manager
Date: January 17, 2023
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LIST OF EXHIBITS
Exhibit A - City Project and Metropolitan Council Project Locations
Exhibit B - Metropolitan Council Project Construction Costs Estimates
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Exhibit A
City Project and Metropolitan Council Project Locations
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Exhibit B
Council Project Construction Costs Estimates
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Douglas Drive Relocation Estimate of Probable Cost - Cost Breakdown1/6/2023ItemUnit Estimated Quantity Unit Cost Golden Valley Responsibility Golden Valley Cost MCES Cost Total CostMOBILIZATIONLS193,859.20$ 13%12,201.70$ 81,657.50$ 93,859.20$ TRAFFIC CONTROLLS118,585.98$ 13%2,416.18$ 16,169.80$ 18,585.98$ REMOVE PIPE (STORM)LF2017.00$ 13%44.20$ 295.80$ 340.00$ REMOVE PIPE (SANITARY)LF119618.00$ 13%2,798.64$ 18,729.36$ 21,528.00$ DISPOSE OF CONTAMINATED MATERIALTON48100.00$ 13%624.00$ 4,176.00$ 4,800.00$ PLUG FILL ABANDON 44" CASINGLF8055.00$ 13%572.00$ 3,828.00$ 4,400.00$ PLUG FILL ABANDON 58" CASINGLF11060.00$ 13%858.00$ 5,742.00$ 6,600.00$ DRAIN 30" FMLS150,000.00$ 13%6,500.00$ 43,500.00$ 50,000.00$ DRAIN 42" FMLS150,000.00$ 13%6,500.00$ 43,500.00$ 50,000.00$ REMOVE SIDEWALKSF12001.25$ 13%195.00$ 1,305.00$ 1,500.00$ CONNECT TO PIPEEA25,000.00$ 13%1,300.00$ 8,700.00$ 10,000.00$ CONNECT TO PIPE- SPECIALEA212,000.00$ 13%3,120.00$ 20,880.00$ 24,000.00$ 30" C900 PVCLF600450.00$ 13%35,100.00$ 234,900.00$ 270,000.00$ 42" C900 PVCLF624800.00$ 13%64,896.00$ 434,304.00$ 499,200.00$ 44" STEEL CASING (JACKED)LF170500.00$ 13%11,050.00$ 73,950.00$ 85,000.00$ 58" STEEL CASING (JACKED)LF170650.00$ 13%14,365.00$ 96,135.00$ 110,500.00$ JACKING AND RECEIVING PITEA475,000.00$ 13%39,000.00$ 261,000.00$ 300,000.00$ DIP FITTINGSLBS2635011.00$ 13%37,680.50$ 252,169.50$ 289,850.00$ INSPECTION ACCESS STRUCTUREEA250,000.00$ 13%13,000.00$ 87,000.00$ 100,000.00$ 4" INSULATIONSY6470.00$ 13%582.40$ 3,897.60$ 4,480.00$ 12" RCPLF1685.00$ 13%176.80$ 1,183.20$ 1,360.00$ 12" RCP APRONEA1850.00$ 13%110.50$ 739.50$ 850.00$ 4" CONCRETE SIDEWALKSF12007.50$ 13%1,170.00$ 7,830.00$ 9,000.00$ REPLACE CATHODIC PROTECTIONLS115,000.00$ 13%1,950.00$ 13,050.00$ 15,000.00$ SEEDINGAC1190.00$ 13%24.70$ 165.30$ 190.00$ CONSTRUCTION SUBTOTAL256,235.61$ 1,714,807.57$ 1,971,043.18$ CONTINCENCY (10%)25,623.56$ 171,480.76$ 197,104.32$ CONSTRUCTION TOTAL281,859.17$ 1,886,288.32$ 2,168,147.50$ 32
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3E.2. Authorize Master Agreement for Product and Services with ESRI
Prepared By
Sue Virnig, Finance Director
John Peterson, IT Supervisor
Summary
The City has made significant investments in its infrastructure, including mapping and data that
support the physical infrastructure. Cartegraph is integrated with ESRI Geographic Information
Systems (GIS) to provide powerful spatial analysis and mapping capabilities.
Financial or Budget Considerations
The purchase agreement is for three years for a total of $82,500. Each year is $27,500.
Legal Considerations
The contract with ESRI was reviewed and approved by the city attorney.
Equity Considerations
ESRI along with Cartegraph can map useful information that will help the City make recommendations
that will advance equity.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a Master Agreement for Product and
Services with ESRI.
Supporting Documents
Esri 2023-2026 Contract
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3E.3. Approve Engagement Letter - Auditing Services for 2022 Fiscal Year
Prepared By
Sue Virnig, Finance Director
Summary
Each year the City is required to have a State Legal Compliance Audit performed in accordance with
auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff
recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for
2022 audit services for $52,350. This amount also includes the review for the Housing and
Redevelopment Authority. Preliminary fieldwork will begin in February with final fieldwork starting on
March 6.
Financial or Budget Considerations
The 2023 -2024 budget includes $65,855 in the City Council budget under professional services. That
amount also includes monies for their share of the fire relief audit.
Legal Considerations
An audit is legally required yearly.
Equity Considerations
Outcomes are set from the annual audit.
Recommended Action
Motion to authorize City Manager and Mayor to sign Engagement Letter and Addendum with the firm
of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2022 audit of the City.
Supporting Documents
2023 engagement letter
Addendum to Golden Valley Engagement Letter
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
3F. Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund
Specific Capital Improvements
Prepared By
Sue Virnig, Finance Director
Summary
In order to use Local Option Sales Tax as outlined in the legislative priorities a resolution needs to be
passed by January 31 and the following needs to be included:
proposed tax rate
detailed description of up to five capital projects to be funded with the tax
documentation of how each project will provide an economic benefit to residents, businesses
and visitors from outside the jurisdiction
amount of revenue to be raised and estimated time needed to raise funds
estimated length of time the tax will be effect if all proposed projects are approved
Financial or Budget Considerations
The Local Option Sales Tax will provide additional financing for the capital improvements that out
outlined in the resolution
Legal Considerations
Local Sales Tax action is regulated by the Legislature.
Equity Considerations
All four pillars will be met with this action.
Recommended Action
Approve Resolution No. 23-006 Supporting the Authority to Impose a Local Sales Tax to fund specific
capital Improvements that provide regional benefit, to establish the duration of the tax and the
revenue to be raised by the tax, and to authorize the City of Golden Valley to issue bonds supported by
the sales tax revenue.
Supporting Documents
Resolution No. 23-006 Supporting the Authority to Impose a Local Sales Tax
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RESOLUTION NO. 23-006
RESOLUTION SUPPORTING THE AUTHORITY TO IMPOSE A LOCAL SALES TAX TO FUND
SPECIFIC CAPITAL IMPROVEMENTS THAT PROVIDE REGIONAL BENEFIT, TO ESTABLISH THE
DURATION OF THE TAX AND THE REVENUE TO BE RAISED BY THE TAX, AND TO AUTHORIZE
THE CITY OF GOLDEN VALLEY TO ISSUE BONDS SUPPORTED BY THE SALES TAX REVENUE
WHEREAS,the City of Golden conducted a comprehensive study in 2021 to identify the
future needs of its Public Safety and Public Works; and
WHEREAS, the study determined that the City’s facilities are outdated and undersized,
create inefficiencies, and cannot be effectively remodeled to meet modern standards; and
WHEREAS, the City extensively engaged residents and businesses during the study to
establish principles, priorities and scenarios to develop a long-term phased approach to address
its facility needs; and
WHEREAS, the City’s Public Safety operations serve the needs of the surrounding
communities through emergency responses and regional collaboration; and
WHEREAS, the City’s Public Works operations manage and support a water supply
system jointly owned and operated by the cities of Golden Valley, Crystal and New Hope, with
water purchased by the City of Minneapolis and stored in reservoirs located in Crystal and
Golden Valley; and
WHEREAS, the City’s Public Works operations maintain and manage a stormwater
management system to protect and enhance the quality of stormwater that drains into the
Mississippi River with management from Bassett Creek Water Management Commission which
involves nine cites and
WHEREAS,following a presentation of the completed facilities study, the City Council
identified four areas are needed to be renovated to meet the needs of the City and the region:
1. Downtown Public Safety Facility: The current public safety building does not meet
the operational needs for contemporary public safety operations, creating many operational
inefficiencies. The current facility does not have gender-equitable locker rooms, suitable
dedicated training space for classroom and physical training by police officers and fire fighters,
sufficient secure space for vehicles and equipment, adequate workspace for officers and
firefighters to complete administrative duties, or space to meet or engage with the public. The
building’s structural construction and limited site size limit the ability to modify or expand.
($45M)
2. Public Works Facility: The City’s Public Works Department encompasses four divisions
(Parks, Streets, Utilities, Vehicle Maintenance) to maintain local and regional infrastructure,
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parks, vehicles and buildings. Work includes planned maintenance projects throughout the year,
seasonal maintenance and response and emergency repairs. Currently Public Works operates out
of four buildings on two different sites. A new public works facility would be moved out of the
downtown area toallow more housing options. Public Works operates under a regional approach
for mutual aid, works with the Bassett Creek Water Management Commission (9 cities) that
works with storm water management, and the Joint Water Commission (3 cities) to maintain a
water distribution system with the City of Minneapolis water.Golden Valley has four major trunk
highway systems. ($45M)
3. Land: In order for the Public Safety Building to build on the City Campus, land must be
purchased to move the Public Works Facility to another site. ($15M)
WHEREAS, the projected cost to construct new facilities that meet the needs of the
community and the region over a thirty year period exceed $190.5M.
WHEREAS, the Minnesota Department of Revenue’s estimate for the City of Golden
Valley estimates that a local sales tax of 0.75 percent would generate $3.42 million annually.
WHEREAS, the City has provided documentation of the regional significance of each
project, including the share of the economic benefit to or use of each project by persons
residing, or businesses located, outside of the jurisdiction; and
WHEREAS, the estimated local sales tax revenue and estimated time needed to raise
that amount of revenue for the project is as follows:
•Municipal Facilities as described earlier
WHEREAS, Minn. Stat.§ 297A.99 authorizes the imposition of a general sales tax if
permitted by special law of the Minnesota Legislature; and
WHEREAS, Minn. Stat.§ 297A.99 requires the City to pass a resolution authorizing such a
local tax and to obtain Legislative approval prior to approval by the local voters to enact the
local tax.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council supports the authority to
impose a general local sales tax of .75 percent for a period of 30 years to fund the
aforementioned project(s). Upon approval of this resolution, the City will submit the adopted
resolution and documentation of regional significance to the chairs and ranking minority
members of the House and Senate Taxes committees for approval and passage of a special law
authorizing the tax, by January 31 of the year that it is seeking the special law. Upon Legislative
approval and passage of the special law authorizing the tax, the City will adopt a resolution
accepting the new law, which will be filed with a local approval certificate to the Office of the
Secretary of State before the following Legislative session.
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NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City will put a detailed ballot
question(s), which includes separate questions for each project, on a general election ballot for
local voter approval. This will be done within two years of receiving legislative authority. If the
ballot question passes, the City will also pass an ordinance imposing the tax and notify the
Commissioner of Revenue at least 90 days before the first day of the calendar quarter that the
tax will be imposed. Upon completion of the aforementioned requirements, the local sales tax
will commence and run thirty (30) years or until a sum sufficient to fund the voter approved
project(s), including related debt costs, is raised, whichever comes first.
Adopted by the City Council of Golden Valley, Minnesota this 17th day of January 2023.
__________________________
Shepard M. Harris, Mayor
ATTEST:
____________________________
Theresa J. Schyma, City Clerk
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
6A. First Consideration of Salt Storage Ordinance No. 757
Prepared By
Eric Eckman, Environmental Resources Supervisor
Drew Chirpich, Water and Natural Resources Specialist
Summary
In response to changing federal regulations, the Minnesota Pollution Control Agency (MPCA) reissued
its Municipal Separate Storm Sewer System (MS4) Permit in 2020. The City applied for and received
permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the
City is required to make updates to its comprehensive stormwater management program, including its
regulatory mechanisms that help the City enforce its stormwater requirements to ensure the
protection of its water resources.
One of the new federal requirements that must be included in City code involves the storage of salt at
commercial, industrial, and institutional facilities. This would impact any property owner or manager
that has a stockpile or container of salt in their parking lot for use throughout the winter. Studies show
that chlorides and other winter deicing chemicals can have a negative impact on our water resources
including the plants and animals that live in those environments and the economies and people that
rely on those environments. Proper storage and handling of salt and other winter deicers can help
reduce the negative impacts.
In order to comply with these regulations, the City is proposing to add this ordinance to the
Environment and Nuisances Chapter of City code. This ordinance is based upon the U.S. Environmental
Protection Agency rules, the MPCA MS4 Permit and guidance documents. The City Attorney, Planning
Manager, Public Works Director, and City Engineer have all reviewed the ordinance.
This is the first consideration of this ordinance. The second consideration of the ordinance is
scheduled for February 7, 2023.
Financial or Budget Considerations
Staff will incorporate this work into its existing duties and work within its existing budget to provide
the necessary education, outreach, and enforcement to ensure compliance with the new ordinance.
Staff will monitor its time and resources during the first year the ordinance is in effect and may
request additional resources in the future as necessary.
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Legal Considerations
The City Attorney has reviewed the proposed ordinance.
Equity Considerations
The City's work to regulate salt storage and transfer fits within the unbiased programs and services
pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach,
and enforcement of environmental regulations that provide intentional access to clean water and
health equity regardless of social identity. According to the Centers for Disease Control and
Prevention, health equity means that everyone has the opportunity to achieve their greatest level of
health, despite social, economic, or environmental factors. Historic and present policies and decisions
created disparate impacts, including environmental degradation and health impacts, for Black,
Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show
that communities of color, low-income families, and residents with disabilities contribute least to the
problem of environmental pollution but are the most exposed to and at risk from negative
environmental impacts. In accordance with the City's commitment to providing unbiased programs
and services, this ordinance seeks to help mitigate those risks and disparities.
Recommended Action
Motion to adopt the first consideration of Ordinance No. 757 adding Section 10-5 Salt Storage at
Commercial, Industrial, and Institutional Facilities to City Code Chapter 10 Environment and Nuisances.
Supporting Documents
Ordinance No. 757 - Salt Storage
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ORDINANCE NO. 757
AN ORDINANCE AMENDING THE CITY CODE
Adding Section 10-5:Salt Storage at Commercial, Industrial, and Institutional Facilities
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 10 Environment and Nuisances, Article I. In General,
Section 10-5.Salt Storage at Commercial, Industrial, and Institutional Facilities is hereby
added:
Sec. 10-5. Salt Storage at Commercial, Industrial, and Institutional Facilities.
(a)Purpose.Negative environmental impacts may occur when salt and other deicers are not
properly stored and transported. Proper utilization and management of deicing materials
is critical to reduce environmental impacts of related practices to the maximum extent
practicable.
(b)Definitions.The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Anti-icing. The application of a liquid deicer prior to the onset of a snow event.
Best Management Practice.Structural, vegetative, or managerial practices used to treat,
prevent, or reduce pollution.
Bulk Deicer Storage. Storage of any material used for deicing and/or traction during
winter conditions that is more than one ton in solid form (or 250 gallons in liquid form).
Deicer.Any substance used to melt snow and ice or used for its anti-icing effects.
(c)Applicability. This section applies to all indoor and outdoor bulk deicer storage facilities
(temporary or permanent) including salt piles, salt bag storage, sand piles, and other
storage of deicing materials.
(d)General Regulations.
(1)Indoor operations for the storage of deicing materials must be provided wherever
possible in order to prevent such material from being affected by rain, snow, and
melt water.
(2) All salt, sand, and other deicing materials stored outdoors must be covered at all
times. When not using a permanent roof, a waterproof impermeable, flexible cover
must be placed over all storage piles. The cover must prevent runoff and leachate
from being generated by the outdoor storage piles. The cover must be secured to
prevent removal by wind or other storm events. Piles must be formed in a conical
shape and covered as necessary to prevent leaching. Deicer must be stored away
from catch basins and other facilities conveying stormwater. Additional perimeter
control may be required to ensure no deicing materials slough or are carried away
by stormwater.
(3) Storage Facility Siting.
a. The facility must be in close proximity to the area in which the deicing materials
are to be used, if practical.
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b. Each facility must be located outside of floodplains and at least 50 feet from
lakes, rivers, streams, ditches, storm drains, manholes, catch basins, wetlands,
and any other areas likely to absorb runoff. A facility must not be located in
close proximity to surface water features, water supplies, wells or drywells.
c. A facility must be located on impermeable surfaces.
d.The property’s slope must be away from the facility’s salt, deicer, and sand
storage area.
e. Salt vulnerable natural areas should be avoided as storage facilities to the
extent possible. Where they cannot be avoided, specific measures should be
instituted to protect vulnerable areas. Salt vulnerable areas include, but are not
limited to:
1. Areas with salt sensitive vegetation
2. Areas serving as a source of drinking water (surface water and groundwater)
3. Areas with bodies of water with low dilution, low volume, or salt sensitive
species
4. Areas associated with groundwater recharge zones or shallow water table,
with medium to high permeable soils.
(4) Snow Piles.Snow piles must be located downslope from salt and deicer storage
areas to prevent the snow melt from flowing through storage areas and carrying
material to the nearest drainage system or waterway.
(5) Deicer Truck Wash Water. Deicer and salt-containing truck wash water must be
captured, treated, and recycled for use as salt-brine in pre-wetting and anti-icing
activities.
(6) Transfer of materials.Practices must be implemented in order to reduce exposure
(e.g., sweeping, diversions, and/or containment) when transferring salt or other
deicing material.
(e)Penalty. Any person violating this section shall be guilty of a petty misdemeanor.
Section 2. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 7th day of February, 2023.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
January 17, 2023
Agenda Item
6B. First Consideration of Updated Stormwater Management Ordinance No. 758
Prepared By
Eric Eckman, Environmental Resources Supervisor
Drew Chirpich, Water and Natural Resources Specialist
Summary
The City of Golden Valley has a stormwater management ordinance that was last updated in 2015. The
ordinance is the regulatory mechanism that helps the City enforce its stormwater requirements to
ensure the protection of its water resources. The ordinance is part of the City’s overall stormwater
management program that is required under the National Pollutant Discharge Elimination System
(NPDES) program administered by the Minnesota Pollution Control Agency (MPCA).
In response to changing federal regulations, the MPCA reissued its Municipal Separate Storm Sewer
System (MS4) Permit in 2020. The City applied for and received permit coverage under the new permit
in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its
comprehensive stormwater management program, including its Stormwater Management ordinance,
to comply with federal regulations.
Updates to the City’s Stormwater Management Ordinance are based upon the U.S. Environmental
Protection Agency rules, the MPCA Construction Stormwater Permit, the MPCA MS4 Permit and
guidance documents, guidance from the Minnesota Cities Stormwater Coalition, the Wetland
Conservation Act, the City’s 2040 Comprehensive Plan, and the Bassett Creek Watershed Management
Commission (BCWMC) policies. The City Attorney, Planning Manager, and City Engineer have all
reviewed the ordinance.
Major revisions to the ordinance include the following:
1. Post-Construction Stormwater Management – deleting language from the previous MPCA MS4
permit and adding language from the new MPCA MS4 Permit. This includes updated
requirements for new development, redevelopment, and linear projects (such as street
reconstruction), and limitations and exceptions to the requirements.
2. General Performance Standards
a. Updating and clarifying Buffer requirements consistent with state regulations, BCWMC
requirements, and the City’s Comprehensive Plan.
b. Adding wetland provisions consistent with BCWMC policies.
3. Maintenance of Private Stormwater Management Facilities – adding language from the new
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MPCA MS4 Permit and BCWMC policies.
4. Requiring a stormwater permit for installation of aerators, fountains, or similar water moving
devices in private stormwater management facilities (such as ponds).
This is the first consideration of this ordinance. The second consideration of the ordinance is
scheduled for February 7, 2023.
Financial or Budget Considerations
Staff will incorporate this work into its existing duties and work within its existing budget to provide
the necessary education, outreach, and enforcement to ensure compliance with the new ordinance.
Staff will monitor its time and resources during the first year the ordinance is in effect and may
request additional resources in the future as necessary.
Legal Considerations
The City Attorney has reviewed the proposed updates to this ordinance.
Equity Considerations
The City's work to regulate stormwater and runoff fits within the unbiased programs and services pillar
of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and
enforcement of environmental regulations that provide intentional access to clean water and health
equity regardless of social identity. According to the Centers for Disease Control and Prevention,
health equity means that everyone has the opportunity to achieve their greatest level of health,
despite social, economic, or environmental factors. Historic and present policies and decisions created
disparate impacts, including environmental degradation and health impacts, for Black, Indigenous,
People of Color and people of lower socioeconomic status. Hennepin County data show that
communities of color, low-income families, and residents with disabilities contribute least to the
problem of environmental pollution but are the most exposed to and at risk from negative
environmental impacts. In accordance with the City's commitment to providing unbiased programs
and services, this ordinance seeks to help mitigate those risks and disparities.
Recommended Action
Motion to adopt the first consideration of Ordinance No. 758 amending Chapter 107 of the Golden
Valley City Code to update language regarding the City's stormwater management.
Supporting Documents
Ordinance No. 758 - Stormwater Management
Chapter 107 Storm Water Management Clean
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ORDINANCE NO. 758
AMENDMENT OF THE CITY CODE RELATING TO
PART II – LAND DEVELOPMENT, CHAPTER 107 STORMWATER MANAGEMENT
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 107, Stormwater Management, Section 107-1 Statutory
Authorization and Purpose (d) is hereby amended as follows:
(d) This chapter is intended to meet the current construction site erosion , and sediment, and
waste control, and post-construction stormwater management regulatory requirements
for construction activity and small construction activity (NPDES permit) as defined in 40
CFR 122.26(b)(14)(x) and (b)(15), respectively.
Section 2. City Code Chapter 107, Stormwater Management, Section 107-2. Definitions
and General Provisions. (a) Definitions. “Final Stabilization” is hereby amended as follows:
Final Stabilization: The establishment of permanent cover on the entire site. Final
stabilization may include, but is not limited to, installation of vegetated areas, landscaped
areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and
compliance with any and all associated permit requirements, such as submission of as-built
surveys.
Section 3. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (a) Activities requiring a City Stormwater Management
Permit. (1) (h) is hereby amended as follows:
h. Construction, expansion or modification of a stormwater management facility or
stormwater BMPs, including but not limited to installation of aerators, fountains,
or similar water moving devices.
Section 4. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (b) Application Submittal Requirements. (5) is hereby
amended as follows:
(5) Stormwater management plan and narrative. Plans must be prepared to City
standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For
construction sites equal to or greater than one acre or if a project is part of a common
plan of development or sale that will collectively ultimately disturb greater than one
acre, plans must be submitted that: For construction sites equal to or greater than
one acre, including projects less than one acre that are part of a larger
common plan of development or sale, plans must be submitted that:
a. Meet the requirements of Part III and Part IV of the NPDES construction
stormwater permit issued by the Minnesota Pollution Control Agency, as
amended.
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b. Meet the post-construction stormwater management requirements listed in
Section 107-5.
Section 5. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (c) Application Review Process and Permit Approval . (2) is
hereby amended as follows:
(2) Permit Review and Decision. When the City and the appropriate watershed
management organizations review permit applications, or development proposals,.
Tthe Administrator shall notify the applicant of permit approval or denial within 60
days of receipt of a complete application.
Section 6. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (d) Performance Standards for Construction Site
Stormwater Runoff Control. (5) is hereby amended as follows:
(5) Projects with land disturbing and on-site activities equal to or greater than one acre
or if a project is part of a common plan of development or sale that will ultimately
disturb greater than one acres, including projects less than one acre that are part
of a larger common plan of development or sale, shall meet the requirements of
the Part III and Part IV of the NPDES construction stormwater permit issued by the
Minnesota Pollution Control Agency, as amended, for erosion and sediment controls
and waste controls.
Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (e) Applicant Responsibilities. (1)(b) is hereby amended as
follows:
b. Project complete inspection: when the project is complete, including, but not
limited to, final grading, installation of all stormwater management facilities,
removal of all temporary erosion and sediment control BMPs, and completion of
final stabilization measures are complete. One-year warranty begins after
inspector approves project.
Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (f) Financial Security. (1) is hereby amended as follows:
(1) Amount and Type. The applicant shall provide security for the performance of work to
provide all temporary and permanent erosion and sediment control measures , and
including final stabilization, described and delineated in the approved permit in an
amount not less than 125 percent of the approved estimated cost of performing the
described work. The type of the security shall be one or a combination of the
following to be determined by the Administrator:
Section 8. City Code Chapter 107, Stormwater Management, Section 107-5. Post-
Construction Stormwater Management. is hereby amended as follows:
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Sec. 107-5. Post-Construction Stormwater Management.
(a) The following projects must include a site plan with post-construction stormwater
management BMPs that meet the requirements of this chapter and are designed,
constructed, and maintained in accordance with the NPDES construction stormwater
permit:
(1) New development and redevelopment projects with land disturbance of greater than
or equal to one acre, including projects less than one acre that are part of a larger
common plan of development or sale.
(2) Nonresidential development and redevelopment projects greater than one-half acre
and less than one acre that, at the time of permitting application, discharge
stormwater through their private systems directly to a surface water without being
routed through do not drain to a stormwater management facility or BMP onsite or
on an adjacent property authorized by the adjacent property owner through a
recorded easement and maintenance agreement.
(b) Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates
for the two-, 10-, and 100-year 24-hour precipitation events.
(c) Volume control. New development and redevelopment projects on sites without
prohibitions that create one or more acres of new or fully reconstructed impervious
surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious
surface and the fully reconstructed impervious surface.
(cd) Design. Stormwater volume control techniques and green infrastructure practices,
including, but not limited to, infiltration, evapotranspiration, reuse/harvesting,
conservation design, urban forestry, and green roofs, must be considered firstshall be
given preference as design options, provided they are consistent with City zoning,
subdivision, and planned unit development requirements, and sanitary sewer inflow and
infiltration reduction requirements.
(e) Site Location. Above ground (surface) post-construction stormwater management BMPs
are the preferred design option. Below ground (subsurface) shall be allowed only if:
(1) the project is a redevelopment; and
(2) in the opinion of the City, no above ground design option is practicable.
(def) The minimal impact design standards (MIDS) and performance goals developed under and
pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design
sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the
recommendedpreferred method for achieving the post-construction stormwater
management requirements described in this chapter, consistent with BCWMC
requirements.
(e) For new development projects there shall be no net increase from pre-project conditions
(on an annual average basis) of:
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(1) Stormwater discharge volume, unless precluded by the stormwater management
limitations in Subsection (g) of this section.
(2) Stormwater discharges of total suspended solids (TSS).
(3) Stormwater discharges of total phosphorus (TP).
(f) For redevelopment projects there shall be a net reduction from pre-project conditions (on
an annual average basis) of:
(1) Stormwater discharge volume, unless precluded by the stormwater management
limitations in Subsection (g) of this section.
(2) Stormwater discharges of TSS.
(3) Stormwater discharges of TP.
(g) Stormwater management limitations and exceptions.
(1) Limitations.
a. Infiltration Prohibited. The use of infiltration techniques areis prohibited when
the infiltration structural stormwater BMP will receive discharges from, or be
constructed in, the following areas:
1. Where industrial facilities are not authorized to infiltrate industrial
stormwater under an NPDES/SDS industrial stormwater permit.
2. Where vehicle fueling and maintenance occur.
3. Where less than three feet of separation from the bottom of the infiltration
system to the elevation of the seasonally saturated soils, groundwater, or
the top of bedrock exists.
4. Where high levels of contaminants in soil or groundwater will be mobilized
by infiltrating stormwater.
5. Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and
infiltration of clear water into the sanitary sewer system.
b. Infiltration Restricted. The use of infiltration techniques will be restricted when
the infiltration device will be constructed in areas:
61. In an area Wwith predominately Hydrologic Soil Group D (clay) soils.
27. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst
features.
38. In an Emergency Response Area (ERA) wWithin a Drinking Water Supply
Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13 ,
classified as moderate vulnerability unless the applicant performs a higher
level of engineering review sufficient to provide a functioning treatment
system and to prevent adverse impacts to groundwater.
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9. In an ERA within a DWSMA classified as high or very high vulnerability as
defined by the Minnesota Department of Health.
10. Outside of an ERA within a DWSMA classified as high or very high
vulnerability unless the applicant performs a higher level of engineering
review sufficient to provide a functioning treatment system and to prevent
adverse impacts to groundwater.
411..Where soil infiltration rates are more than 8.3 inches per hour unless soils
are amended to slow the infiltration rate below 8.3 inches per hour .
cb. Linear Projects.
1. Linear projects on sites where infiltration is not prohibited or restricted
that create one acre or more acresgreater of new a
1. nd/or fully reconstructed impervious surfaces, shall capture and retain the
larger of the following: 1.1 inches of runoff from the net increase in
impervious surface; or, 0.55 inches of runoff from the sum of the new and
fully reconstructed impervious surface. meet the requirements of
Subsection (e) of this section for the increase in impervious surface.
1. 2. Linear projects on sites where infiltration is prohibited or restricted that
create one acre or greater of fully reconstructed surface, shall meet the
requirements of Subsection (f) of this section for the impervious surface.
23. Mill and overlay and other resurfacing activities are not considered fully
reconstructed.
34. Where the entire water quality volume cannot be treated within the
existing right-of-way, Aa reasonable attempt must be made to obtain
additional right-of-way, property, or easements during the project planning
process for volume control practices. Volume reduction practices must be
considered first. Volume reduction practices are not required if the
practices cannot be provided cost effectively. If additional right-of-way,
property, or easements cannot be obtained, owners of the construction
activity must maximize the treatment of the water quality volume prior to
discharge to the City’s storm sewer system and surface waters. For linear
projects where the lack of right-of-way or property precludes the
installation of volume control practices to meet Subsection (g)(1)bc.1 or 2 of
this section, exceptions as described in Subsection (g)(2) of this section can
be applied.
(2) Exceptions. A lesser volume control standard on the site of the original construction
activity may be applied, at the discretion of the City, under the following
circumstances:
a. The permittee or owner of the construction site is precluded from infiltrating
stormwater due to limitations under Subsection (g)(1)a, b or c of this section;
and
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b. The permittee or owner of the construction site implements volume reduction
techniques, other than infiltration, on the site of the original construction activity
that reduce stormwater discharge volume but may not meet the requirements of
post-construction stormwater management; and,.
c. The permittee or owner records all attempts of infeasibility, and the treatment
of the water quality volume is maximized prior to discharge to the City’s storm
sewer system and surface waters.
(h) Mitigation. There may be circumstances where If the City determines that the permittee or
owner of a construction site cannot cost effectively meet the water quality conditions for
post-construction stormwater management for TSS and/or TP on the site of the original
construction activity. For this purpose, the City or permittee/owner shall identify locations
where mitigation projects can be completed. Any stormwater discharges of TSS and/or
TPThe remaining water quality volume not addressed on the site of the original
construction activity must be addressed through mitigation and, at a minimum, shall
ensure the following requirements are met:
(1) Mitigation project areas are selected in the following order of preference, with
consultation and approval of the City:
a. Locations that yield benefits to the same receiving water that receives runoff
from the original construction activity.
b. Locations within the same Department of Natural Resource (DNR) catchment
area as the original construction activity.
c. Locations in the next adjacent DNR catchment area upstream.
d. Locations anywhere within the City.
(2) Mitigation projects must involve the creation of new structural stormwater BMPs or
the retrofit of existing structural stormwater BMPs, or the use of a properly designed
regional structural stormwater BMP.
(3) Routine maintenance of structural stormwater BMPs already required by this chapter
cannot be used to meet the mitigation requirements.
(4) Mitigation projects shall be completed within 24 months after the start of the original
construction activity.
(5) The City shall determine, and document, who is responsible for long-term
maintenance on all mitigation projects,. including the establishment of maintenance
agreement(s) between the City and owners of structural stormwater BMPs not owned
or operated by the City.
(6) If the City receives payment from the owner and/or permittee for mitigation purposes
in lieu of the owner or permittee meeting the conditions for post-construction
stormwater management, the City shall apply any such payment received to a public
stormwater project, and all projects must be in compliance with this chapter.
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Section 9. City Code Chapter 107, Stormwater Management, Section 107-6. General
Performance Standards. is hereby amended as follows:
Sec. 107-6. General Performance Standards.
(a) Freeboard. The elevation separation of buildings with respect to lakes, streams, ponds,
basins, wetlands, and stormwater management facilities shall conform to the following:
(1) All new and existing structures and uses located in the floodplain are subject to
Section 113-125.
(2) For structures and uses located outside the floodplain, the following shall apply: The
lowest floor elevation of all new principal and accessory structures, and additions to
existing structures, shall be at least two feet above the calculated high water level of
adjacent wetlands, basins, ponds, and stormwater management facilities, or be
structurally floodproofed in accordance with Section 113-125. Calculated high water
levels shall be determined by the City based on the relevant Federal, State, BCWMC,
and City studies.
(b) Setbacks. New principal and accessory structures, and additions to existing structures, shall
be set back 25 feet from the following features:
(1) A delineated wetland edge.
(2) The top of bank of a pond, filtration basin, infiltration basin, as determined by the
Administrator unless such a feature is incorporated into the architectural design of
the building and the construction plans are prepared and signed by a licensed
structural engineer.
(c) Buffers.
(1) Native or natural vegetation buffers must be established or preserved in accordance
with this chapter and the requirements of the BCWMC.
(2) The buffer zone widths are as follows:
a. Streams. Ten feet or 25 percent of the distance between the ordinary high water
level and the nearest existing principal or accessory structure, whichever is less.
b. Wetlands. Based on a Minnesota Routine Assessment Methodology (MnRAM)
classification or similar classification system, buffer widths will be as follows
(measured from the delineated wetland edge):
1. Preserve: 75 feet average and minimum of 50 feet.
2. Manage 1: 50 feet average and minimum of 30 feet.
3. Manage 2 or 3: 25 feet average and a minimum of 15 feet.
c. Lakes. Minimum of 1510 feet in width measured from the OHWL.
d. Stormwater Management Facilities. Buffers shall extend from the normal water
level, or bottom of a dry basin, up to the top of bank of the stormwater
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management facility, as determined by the Administrator, and shall be a
minimum of 10 feet in width.
(3) The following standards shall guide the protection, creation or restoration of buffers
to achieve the goals and policies of the City's Surface Water Management Plan. The
Administrator may modify or waive standards depending on each project site and
goals for the water body.
a. The use of a meandering buffer strip to maintain a natural appearance is
encouraged in areas of flat topography.
b. An access corridor, not to exceed 20 feet in width or 20 percent of the buffer
edge, whichever is less, is permitted.
c. Accessory structures intended to provide access to wetlands such as retaining
walls, stairways and docks are permitted in the access corridor so long as they
conform with State regulations, BCWMC requirements, and other applicable
chapters of City code.
1. Retaining walls and stairways must be constructed with natural materials, or
materials with a natural appearance, and generally blend with the surrounding
landscape.
d. The City may require that the a buffer may be placed in a conservation
easement.
1. For new development and redevelopment projects involving the platting or
subdivision of land abutting or adjacent to a lake, wetland or stream, the City
shall require that the buffer be placed in a conservation easement.
e. Monuments identifying the conservation easement, designed in accordance with
City standards, should be placed every 100 feet to delineate the buffer edge and
at intersections with property lines.
f. Buffer strip vegetation should be appropriate tofor the site conditions and goals
for the water body. Where acceptable natural vegetation exists in buffer strip
areas, the retention of such vegetation in an undisturbed state is preferred.
(d) Wetlands.
(1) The City generally follows the hydrologic guidelines and standards for bounce
(difference between the peak flood elevation and the normal wetland elevation),
inundation (time that flood waters temporarily stored in the wetland exceed the normal
wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland
Management Classification System Table 1.1 Recommended Wetland Management
Standards found on the Minnesota Board of Water and Soil Resources website.
(2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without
the installation of post-construction stormwater management BMPs shall be prohibited.
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(3) Outside Storage. Wetlands and their required buffers shall not be used for outside
storage of household or personal items, lawn equipment, furniture, parts, yard waste,
and the like.
(4) Impervious Surface. Wetlands and their required buffers shall be kept free of
impervious surfaces excluding public roads, trails, bridges, and recreational facilities.
(5) Access. Structures intended to provide access across a wetland, including but not
limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit
is obtained in conformance with State regulations, BCWMC requirements, and other
applicable chapters of City code.
(6) Structures. Structures that are not intended to provide access to wetlands, such as
fences, walls, and play equipment shall not be located on wetlands.
(7) In scenarios of unavoidable wetland impact where replacement is proposed,
replacement shall occur in the following order:
a. Replacement on site.
b. Replacement within subwatershed.
c. Replacement within watershed.
d. Replacement within the City.
e. Purchase of wetland bank credits within County and Bank Service Area pursuant to
Minnesota Rules, Chapter 8420.
(e) Maintenance of private stormwater management facilities.
(1) No private stormwater management facilities may be approved unless a maintenance
plan is provided and is consistent with City and/or BCWMC and MCWD standards. All
such facilities shall be inspected annually or more often, with reports submitted to
the City, and maintained in proper condition consistent with the performance
standards for which they were originally designed.
(2) Owners of private stormwater management facilities shall enter into an agreement
with the City describing responsibility for the long-term inspection, operation and
maintenance of the facilities. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. The maintenance
agreement shall be recorded against the parcel. The stormwater maintenance
agreement shall be in a form approved by the City and shall describe the inspection
and maintenance obligations of this section, and shall, at a minimum:
a. Designate the owner of the private facility, which shall be permanently
responsible for the maintenance of the structural stormwater BMP.
b. Run with the land and pass the responsibility for such maintenance to successors
in title.
c. Grant the City and its representatives the right of entry for the purposes of
inspecting all private stormwater management facilities.
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d. Allow the City the right to repair and maintain the facility, and assess costs if
necessary maintenance is not performed after proper and reasonable notice to
the owner.
e. Protect and preserve private stormwater management facilities. If the private
stormwater management facility changes causing decreased effectiveness, then
a new, repaired, or improved facility must be implemented to provide equivalent
treatment to the original BMP.
f. Include a requirement to provide and follow a Chloride Management Plan
addressing the use of chloride on the site, type of deicer to be used, personnel
certified for chloride application, rate of application for the site, and a map
showing snow storage areas and sensitive areas to avoid application. The
chloride management plan shall be updated annually.
(f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and
operate such devices within a privately-owned and maintained stormwater management
facility or BMP, provided the following requirements are met:
(1) Stormwater management facility or BMP must have at least 5 feet of permanent
depth where the device is installed.
(2) At least 75% of all property owners abutting the water body approve of the device,
as evidenced by signatures on a petition submitted to the City. If the property owner is a
common interest community, at least 75% of all unit owners shall approve of the device.
(3) Submittal of device/system specifics, documentation showing no negative water
quality impacts to water body or downstream water bodies, documentation of qualified
professional installer, maintenance and removal plan.
(4) No more than one horsepower motor or pump.
(5) Hours of operation are limited to 7am-10pm.
(6) Device shall only be operated between April 15 and October 15.
(7) Administrator may limit lighting, height, and width of spray.
(8) A permit is required for each stormwater management facility or BMP.
(9) Permit must be renewed each year.
Section 10. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater
and Urban Runoff Pollution Control. (b) Illegal Discharges and Illicit Connections. (1) is hereby
amended as follows:
(1) No person shall cause any illegal discharge to enter the municipal stormwater system
unless such discharge consists of non-stormwater that is authorized by an NPDES
point source permit obtained from the MPCA or is associated with firefighting
activitiesan exempt activity listed in section (b)(2) below .
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Section 11. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater
and Urban Runoff Pollution Control. (c) Good Housekeeping Provisions. (1) and (2) are hereby
amended as follows:
(1) Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or
otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an
area where discharge to streets or storm drain systems may occur. This chapter shall
apply to both actual and potential discharges. For swimming pools, the chlorination
system should be suspended for seven days to allow for chlorine to evaporate , or the
property owner may provide test results to the City showing the swimming pool
water is fully dechlorinated, before discharge to the owner's property or into the
storm sewer system.
(2) Runoff Minimized. Runoff of water from residential an owner’sall property shall be
minimized to the maximum extent practicable. Runoff of water from the washing
down of paved areas in commercial or industrial property is prohibited unless
necessary for health or safety purposes and not in violation of any other provision of
the City Code.
Section 12. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the Golden Valley City Council this 7th day of February 2023.
______________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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PART II - LAND DEVELOPMENT
Chapter 107 STORMWATER MANAGEMENT
Golden Valley, Minnesota, Code of Ordinances Created: 2021-06-24 13:03:41 [EST]
(Supp. No. 34, Update 1)
Page 1 of 20
Chapter 107 STORMWATER MANAGEMENT
Sec. 107-1. Statutory Authorization and Purpose.
(a)Statutory authorization. The ordinance from which this chapter is derived is adopted pursuant to the
authorization and policies contained in Minn. Stats. chs. 103B and 462; Minnesota Rules 6120.2500—
6120.3900, Minnesota Rules chapters 8410, 8420 and 7050.0210.
(b)Findings. The City finds that uncontrolled stormwater runoff and construction site erosion from land
development and land disturbing activities can have significant adverse impacts upon local and regional
water resources, diminishing the quality of public health, safety, public and private property and natural
resources of the community.
(c)Purpose. The general purpose of this chapter is to establish regulatory requirements for land development
and land disturbing activities aimed at minimizing the threats to public health, safety, public and private
property and natural resources within the community resulting from construction site erosion and post-
construction stormwater runoff, and illicit connections.
(d)This chapter is intended to meet the current construction site erosion, sediment, and waste control, and
post-construction stormwater management regulatory requirements for construction activity and small
construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively.
(e)This chapter is intended to meet the minimal impact design standards (MIDS) developed under Minn. Stats. §
115.03, subd. 5c and the requirements of the Bassett Creek Watershed Management Commission.
(Code 1988, § 4.31(1); Ord. No. 198, 2nd Series, 5-13-1999; Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd
Series, 3-26-2015)
Sec. 107-2. Definitions and General Provisions.
(a)Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning. Terms
not defined in this subsection shall have the meaning customarily assigned to them as a matter of general
usage. For the purposes of this chapter, the terms "must" and "shall" are mandatory and not permissive.
Administrator:The individual responsible for overseeing the requirements of the City Code for purposes of
this chapter; the Administrator shall be the City Manager or his/her designee.
Alteration:Any change or modification of land, water, vegetation or existing structures.
Applicant:A permittee, or any person or entity that applies for any permit for a project that includes a land
disturbing activity. The term "applicant" also means that person's agents, employees, and others acting
under that person's direction.
Bassett Creek Watershed Management Commission or BCWMC:The watershed management organization
established by a joint powers agreement between nine member cities including the City of Golden Valley.
The BCWMC is responsible for managing water resources within the 40-square-mile Bassett Creek
watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed.
Best Management Practices or BMPs:Erosion and sediment control and water quality management practices
that are the most effective and practicable means of controlling, preventing, and minimizing degradation of
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surface water, including construction-phasing, minimizing the length of time soil areas are exposed,
prohibitions, and other management practices published by state or designated areawide planning agencies.
Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control
Agency, 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council, 2001, State of Minnesota
Stormwater Manual, MPCA, Stormwater Management for Construction Activities: Developing Pollution
Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency, 1992, and Erosion
and Sediment Control Handbook, Minnesota Department of Transportation, 2013, as these documents may
be amended from time to time.
Calculated High Water Level:The peak surface water elevation calculated to have a one percent chance of
occurring in any given year using Atlas 14 precipitation data.
Development:The construction, installation or alteration of any structure; the extraction, filling, clearing or
other alteration of land or vegetation; the change of cross section of any water body or watercourse; the
subdivision of land pursuant to the City Code.
Earth Material:Any rock, natural soil or fill or combination thereof.
Erosion:The wearing away of soil by rainfall, surface water runoff, wind, or ice movement.
Erosion Control:Methods employed to prevent erosion. Examples include soil stabilization practices,
horizontal slope grading, temporary or permanent cover, and construction phasing.
Final Stabilization:The establishment of permanent cover on the entire site. Final stabilization may include,
but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer
and water valves adjusted to final grade, and compliance with any and all associated permit requirements,
such as submission of as-built surveys.
Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek
or its tributaries, which have been, or hereafter may be, covered by a regional flood, or as further defined in
Section 113-125.
Grade:The vertical location of the ground surface.
Grading:Any land disturbance or landfill, or combination thereof.
Hazardous Materials:Any material, including any substance, waste, or combination thereof, which because
of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit Connections:
(1)Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge
to enter the storm drain system, including, but not limited to, any conveyance which allows any
non-stormwater discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor drains and sinks,
except discharges from sump pits, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement agency; or
(2)Any drain or conveyance connected from a residential, commercial or industrial land use to the
storm drain system, which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Illicit Discharge:Any discharge to the municipal separate storm sewer system that is not composed entirely
of stormwater, except for discharges allowed under a NPDES permit.
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Land Disturbance or Land Disturbing Activities:Any land change that may result in soil erosion from water or
wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a
disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative
and non-vegetative). Land disturbing activities include clearing and grubbing, grading, excavating,
transporting earth material and filling of land for all new construction and redevelopment. Activities that do
not meet the thresholds for projects identified in Section 107-4(a) are not considered land disturbing
activities.
Linear Projects:Construction or reconstruction of a road, rail, trail, or other transportation route, or the
construction, repair, or reconstruction of a utility that is not a component of a larger development or
redevelopment project. Examples include road and road widening projects, trails, ditch work, road or rail
replacement, and utility installation.
Minimum Impact Design Standards (MIDS):Developed by the State Pollution Control Agency to minimize
stormwater runoff and pollution and thereby help maintain natural resources health. They are a prerequisite
for and guide the selection of best management practices required for each individual site.
Minnehaha Creek Watershed District or MCWD:The MCWD issues permits for erosion control and
stormwater management in a small area of the City south of Interstate 394 and east of Highway 100.
National Pollutant Discharge Elimination System or NPDES Program:The program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301,
318, 402, and 405 and 33 CFR 1317, 1328, 1342, and 1345.
Owner:Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken.
Permanent Cover:Final stabilization. Examples include grass, native vegetation, landscape rock, mulch,
asphalt, and concrete.
Permit:An official document or certificate issued by the City authorizing performance of a specified activity.
Permittee:An applicant or any person or entity who signs the application submitted to the City and is
responsible for compliance with its terms and conditions.
Regional Flood:A flood which is representative of large floods known to have occurred generally in the State,
and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of
the 100-year recurrence interval or one percent chance of occurring in any given year using Atlas 14
precipitation data.
Redevelopment:For the purposes of determining post-construction stormwater management requirements,
any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent
or more of existing impervious surface.
Sediment:The product of an erosion process; solid material both mineral and organic, that is in suspension,
is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface
either above or below water level.
Sediment Control:Methods employed to prevent sediment from leaving the site. Sediment control practices
include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope
drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
Site:A parcel of real property owned by one or more than one person, which is being or is capable of being
developed as a single project.
Soil:The unconsolidated mineral and organic mineral material on the immediate surface of the earth.
Stabilized:The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other
material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized.
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Stormwater:Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and
drainage. Stormwater does not include construction site dewatering and sump discharge.
Stormwater Management Facilities:Structural and non-structural components of the stormwater
management system associated with the quality and quantity of stormwater runoff.
Stormwater Management Plan:A plan which describes how stormwater runoff and associated water
quantity and water quality impacts resulting from the proposed development project will be controlled and
managed.
Stormwater Management System:Public and/or private systems of collecting, conveying, storing and
treating stormwater runoff.
Stormwater Pollution Prevention Plan or SWPPP:A plan for stormwater discharge that includes erosion
prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel
of land and decrease off-site nonpoint pollution.
Sump Discharge:Water that has been filtered through the ground or soil layers resulting in clear water and
discharge by a sump pump. Sump discharge is not considered stormwater, but is an acceptance discharge.
Surface Waters:All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems,
waterways, and watercourses, whether natural or artificial, public or private.
Temporary Erosion Protection:Methods employed to prevent erosion before final stabilization. Examples
include erosion netting, wood fiber blanket, wood chips and silt fence.
Wetlands:Wetlands are defined in Minnesota Rules 7055.0130, subd. F, and includes those areas that are
inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(b)Responsibility.Neither the issuance of a stormwater management permit nor compliance with its conditions
or the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law
for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any
liability on the municipality or its officers or employees for injury or damage to persons or property. A permit
issued pursuant to this chapter shall not relieve the permittee of the responsibility of complying with any
other requirements established by law, regulation or ordinance.
(c)Abrogation and Greater Restrictions.It is not the intention of this chapter to repeal or abrogate any existing
grading, drainage and erosion control or stormwater management policies or permits issued under this
chapter, which permits shall continue in full force and effect; however, where this chapter imposes greater
restrictions, the provisions of this chapter shall prevail.
(d)Compatibility and Compliance with Other Regulations.This chapter is not intended to modify or repeal any
other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition
to the requirements of any other ordinance, rule, regulation or other provision of law, and where any
provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule,
regulation or other provision of law, whichever provision is more restrictive or imposes higher protective
standards shall control.
(e)Application to All Water Entering System.This chapter shall apply to all water entering the City's stormwater
management system from any land within the City.
(f)Responsibility for Administration and Waivers.The Administrator shall administer, implement, and enforce
the provisions of this chapter. Any powers granted or duties imposed upon the Administrator by this chapter
may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any
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submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and
performance standards of this chapter.
(Code 1988, § 4.31(2); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-3. Permit Authority for Land Disturbing Activities.
(a)City.The City is the permitting authority for land disturbing activities listed in Section 107-4(a) within the
boundaries of the BCWMC and the MCWD. The City may issue a stormwater management permit approving
land disturbing activities in these areas.
(b)Bassett Creek Watershed Management Commission (BCWMC).Although the BCWMC is not a permitting
authority, it has the authority to review and approve projects that disturb an area of 10,000 square feet or
more, or will result in more than 200 cubic yards of cut or fill, and projects listed in the BCWMC document
"Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC
guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after
the project has received preliminary review by the City indicating general compliance with existing local
watershed management plans.
(c)Minnehaha Creek Watershed District (MCWD).The MCWD is the permitting authority for land disturbing
activities in excess of 5,000 square feet or 50 cubic yards within the MCWD boundaries. In addition, projects
meeting criteria listed in the MCWD regulatory rules may also be subject to review and permitting. Where
required, the MCWD permit is in addition to a permit required by the City.
(d)Minnesota Pollution Control Agency (MPCA).The MPCA is the permitting authority for land disturbing
activities requiring an NPDES permit for construction activity, including the requirements for developing and
implementing a SWPPP. The NPDES permit is required for construction activity that results in land
disturbance of equal to or greater than one acre, or a common plan of development or sale that disturbs
greater than one acre, as defined in the NPDES permit. Where required, the NPDES permit is in addition to
permits required by the City and the MCWD.
(Code 1988, § 4.31(3); Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-4. City Stormwater Management Permit.
(a)Activities requiring a City Stormwater Management Permit.
(1)Land disturbing activities that remove soils or vegetation, including, but not limited to, clearing,
digging, dredging, draining or filling. Any of the following activities shall require a stormwater
management permit:
a.Any activities that disturb soils or vegetation in excess of 4,000 square feet.
b.Any activity that would involve construction, installation, demolition, modification or expansion
of a building foundation wall.
c.Construction or demolition of a swimming pool.
d.Construction or demolition of a retaining wall of sufficient height to require a building permit.
e.Any land disturbing activities within City right-of-way that have a duration greater than 72 hours
and are not covered by a right-of-way excavation, utility, or plumbing permit.
f.Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil.
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g.Construction, reclamation, expansion, removal or modification of a parking lot that exposes
aggregate base or underlying soils.
h.Construction, expansion or modification of a stormwater management facility or stormwater
BMP, including but not limited to installation of aerators, fountains, or similar water moving
devices.
i.Any land disturbing activities within the 100-year floodplain or calculated high water level of any
water body, or immediately adjacent to any wetland or public water body, including shoreline
restoration and creek bank stabilization.
j.Those activities required to meet the standards of the BCWMC as set forth in the current version
of BCWMC's "Requirements for Improvements and Development Proposals," as amended from
time to time.
(2)The following activities may be undertaken without a stormwater management permit:
a.Maintenance of existing yards.
b.Emergency work to preserve life or property.
(b)Application Submittal Requirements.Each City stormwater management permit application shall include two
sets of plans and supporting documentation and one electronic copy of the plans and supporting
documentation. The following items shall be required with each application, except to the extent waived by
the Administrator:
(1)Completed application forms and fees required by the City and BCWMC, if applicable.
(2)Provision made for financial securities as required in Subsection (f) of this section.
(3)Copies of permits or permit applications required by other jurisdictions.
(4)Existing site conditions on a certified survey, prepared to City standards and including existing
topography, easements, vegetation and drainage.
(5)Stormwater management plan and narrative. Plans must be prepared to City standards and the
standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than
one acre, including projects less than one acre that are part of a larger common plan of development or
sale, plans must be submitted that:
a.Meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as
amended.
b.Meet the post-construction stormwater management requirements listed in Section 107-5.
(c)Application Review Process and Permit Approval.
(1)Pre-Review.The Administrator shall make a determination regarding the completeness of a permit
application within 15 business days of the receipt of the application and notify the applicant if the
application is not complete. Incomplete applications may result in automatic denial of the permit.
(2)Permit Review and Decision.When the City and the appropriate watershed management organizations
review permit applications or development proposals, the Administrator shall notify the applicant of
permit approval or denial within 60 days of receipt of a complete application.
(3)Permit Approval.Upon approval of the application, the Administrator shall issue a permit.
(4)Permit Denial.If the Administrator determines that the application does not meet the requirements of
this chapter, the application will be denied. All land use and building permits shall be suspended until
the applicant has an approved permit.
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(5)Plan Modifications.The applicant must amend any submitted plans as necessary to include additional
requirements, such as additional or modified BMPs designed to correct problems identified, or to
address situations whenever:
a.There is a change in design, construction, operation, maintenance, weather, or seasonal
conditions that has a significant effect on the discharge of pollutants to surface waters or
groundwaters.
b.Inspections or investigations by site operators, local, state or federal officials indicate the plans
are not effective in preventing or significantly minimizing the discharge of pollutants to surface
waters or groundwaters or that the discharges are not meeting water quality standards; or
c.The plan is not achieving the general objectives of minimizing pollutants in stormwater
discharges associated with construction activity.
(6)Permit Duration.Permits issued under this chapter shall be valid for the period during which the
proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place.
The permittee shall commence permitted activities within 60 days of the issuance of the permit for
grading or the permittee shall resubmit all required application forms, maps, plans, schedules and
security to the Administrator, except where an item to be resubmitted is waived by the Administrator.
The permit will expire or terminate when:
a.The site has been stabilized and approved by the Administrator; or
b.There has been 180 days of inactivity.
(d)Performance Standards for Construction Site Stormwater Runoff Control.
(1)All grading material and soil however placed on a grading site shall remain within the limits of the
grading site and not travel onto adjacent property, streets, or other public or private property as dust,
mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the
Administrator.
(2)All proposed stormwater BMPs must be maintained in accordance with the plans, details and
specifications approved by the City.
(3)Projects within the BCWMC boundaries that disturb an area of 10,000 square feet or more or will result
in more than 200 cubic yards of cut or fill shall meet the current requirements for Construction Erosion
and Sediment Control Plans specified by the BCWMC. Projects required to meet water quality
standards of the BCWMC shall meet the current design and maintenance requirements for the
proposed BMPs as specified by the BCWMC.
(4)Projects within the MCWD boundaries that disturb an area of 5,000 square feet or more or will result in
more than 50 cubic yards shall meet the erosion and sediment control requirements specified in the
current regulatory rules.
(5)Projects with land disturbing activities equal to or greater than one acre, including projects less than
one acre that are part of a larger common plan of development or sale,shall meet the requirements of
the NPDES construction stormwater permit issued by the MPCA, as amended, for erosion and sediment
controls and waste controls.
(e)Applicant Responsibilities.
(1)Inspections.The applicant is responsible for regular inspections and recordkeeping needed to
document compliance with the permit requirements. At a minimum, the applicant must inspect the
construction project once a week and within 24 hours of a rainfall event of one-half inch or greater in a
24-hour period. The City may conduct inspections as needed to ensure that both erosion and sediment
control measures and stormwater BMPs are properly installed and maintained prior to construction,
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during construction, and at the completion of the project. The applicant shall notify the City a
minimum of 72 hours prior to the following required City inspections:
a.Initial inspection: when all erosion and sediment control BMPs are installed. This inspection must
be completed before a building permit can be issued.
b.Project complete inspection: when the project is complete, including, but not limited to, final
grading, installation of all stormwater management facilities, removal of all temporary erosion
and sediment control BMPs, and completion of final stabilization. One-year warranty begins after
inspector approves project.
c.Warranty inspection: completed one year later to confirm that permanent site stabilization
methods have been successful and vegetation, has been established.
(2)Reporting.The applicant shall submit reports to the Administrator under the following circumstances
and shall submit recommendations for corrective measures, if appropriate, with such reports:
a.There are delays of more than seven days in obtaining materials, machinery, services or
manpower necessary to the implementation of the Stormwater Management Plan as scheduled.
b.There are delays of seven days in land disturbing or filling activities or soil storage.
c.The work is not being done in conformance with the approved plans and permit. Any changes to
the approved plan must be submitted to the Administrator for review and approval before work
can commence.
(3)Right of Entry.The issuance of a permit constitutes a right-of-entry for the City or its contractor to
enter the construction site. The applicant shall allow the City and its authorized representatives, to:
a.Enter the permitted site for the purpose of obtaining information, examining records, conducting
investigations or surveys
b.Bring such equipment on the site as is necessary to conduct such surveys and investigations
c.Examine and copy any books, papers, or digital files pertaining to activities or records required to
be kept under the terms and conditions of the permitted site
d.Inspect the stormwater pollution control measures
e.Sample and monitor any items or activities pertaining to stormwater pollution control measures
f.Correct deficiencies in stormwater and erosion and sediment control measures consistent with
Subsections (g)(5) and (6) of this section.
(f)Financial Security.
(1)Amount and Type.The applicant shall provide security for the performance of work to provide all
temporary and permanent erosion and sediment control measures, including final stabilization,
described and delineated in the approved permit in an amount not less than 125 percent of the
approved estimated cost of performing the described work. The type of the security shall be one or a
combination of the following to be determined by the Administrator:
a.Bond issued by one or more corporate sureties duly authorized to do business in the State. The
form of the bond shall be subject to the approval of the City Attorney
b.Deposit, either with the Administrator or a responsible escrow agent or trust company at the
option of the Administrator, of money, negotiable bonds of the kind approved for securing
deposits of public monies, or other instrument of credit from one or more financial institutions
subject to regulation by the State or Federal government wherein said financial institution
pledges funds are on deposit and guaranteed for payment
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c.Irrevocable letter of credit in a form acceptable to the City Attorney; or
d.Cash in U.S. currency.
(2)Release.Security deposited with the City for faithful performance of the approved plans and to finance
necessary remedial work shall be released one year after final inspection has been approved by the
Administrator, provided no action against such security has been filed prior to that date. The City
reserves the right to retain all or a percentage of the security for a warranty period at the discretion of
the Administrator.
(3)Reduction of Security.The Applicant may request a reduction of the security one time within the first
12 months of the issuance of the permit, and thereafter, one time within any 12-month period, which
period shall commence on the anniversary date of the issuance of the permit and shall end on the day
preceding the anniversary date of the issuance of the permit.
(g)Enforcement Actions to Ensure Compliance.
(1)Orders.The Administrator may issue an order to modify the approved permit and stipulate a time
frame for compliance per Subsection (c)(5) of this section. The applicant shall comply with said order.
(2)Permit Suspension.The Administrator shall suspend the permit and issue a stop work order if the
Administrator determines that the permit was issued in error, the applicant supplied incorrect
information, or the applicant is in violation of any provision of the approved plans, the permit, or this
chapter. The Administrator shall reinstate a suspended permit upon the applicant's correction of the
cause of the suspension.
(3)Construction Stop Work Order.The City Building Official may issue a stop work order for a related
building permit if requested by the Administrator.
(4)Permit Revocation.If the applicant fails or refuses to cease work as required, the Administrator shall
revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial
security in accordance with terms of Subsection (g)(6) of this section. The Administrator shall not
reinstate a revoked permit.
(5)Remedial Corrective Action.The City or a private contractor under contract with the City may conduct
remedial or corrective action on the project site or adjacent sites affected by project failure or to
implement actions specified in an order to modify plans and permit. The City may charge applicant for
all costs associated with correcting failures or remediating damage from the failures according to the
order, including, but not limited to, materials, equipment, staff time and attorney's fees. If payment is
not made within 30 days, payment will be made from the applicant's financial security or, in the case
where no permit was issued, payment will be assessed against the property.
(6)Action Against Financial Security.In any of the following circumstances, the City shall use funds from
the financial security to finance remedial work undertaken later by the City or a private contractor
under contract to the City, and to reimburse the City for all direct costs, including, but not limited to,
staff time and attorney's fees:
a.The applicant ceases land disturbing activities and/or filling activities prior to completion of the
Stormwater Management Plan
b.The applicant fails to conform to the Stormwater Management Plan as approved or as modified
under this Code, and has had his/her permit revoked under this Code
c.The techniques utilized under the Stormwater Management Plan fail within one year of
installation, or before final stabilization is implemented for the site or portions of the site,
whichever is later
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d.The Administrator determines that action by the City is necessary to prevent excessive erosion
from occurring on the site; or
e.The applicant fails to establish wetland, stream, or shoreline buffers as described in the
stormwater permit.
(7)Misdemeanor Violation.Any violation of the provisions of this chapter or failure to comply with any of
its requirements shall constitute a misdemeanor.
(8)Cumulative Enforcement.The procedures for enforcement of a permit, as set forth in this chapter, are
cumulative and not exclusive.
(Code 1988, § 4.31(4); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-5. Post-Construction Stormwater Management.
(a)The following projects must include a site plan with post-construction stormwater management BMPs that
meet the requirements of this chapter and are designed, constructed, and maintained in accordance with
the NPDES construction stormwater permit:
(1)New development and redevelopment projects with land disturbance of greater than or equal to one
acre, including projects less than one acre that are part of a larger common plan of development or
sale.
(2)Nonresidential development and redevelopment projects greater than one-half acre and less than one
acre that, at the time of permit application, do not drain to a stormwater management facility or BMP
onsite or on an adjacent property authorized by the adjacent property owner through a recorded
easement and maintenance agreement.
(b)Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-,
and 100-year 24-hour precipitation events.
(c)Volume control. New development and redevelopment projects on sites without prohibitions that create one
or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff
from the sum of the new impervious surface and the fully reconstructed impervious surface.
(d)Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited
to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs,
must be considered first as design options, provided they are consistent with City zoning, subdivision, and
planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements.
(e)Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred
design option. Below ground (subsurface) shall be allowed only if:
(1) the project is a redevelopment; and
(2) in the opinion of the City, no above ground design option is practicable.
(f)The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn.
Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria
in the Minnesota Stormwater Manual, is the preferred method for achieving the post-construction
stormwater management requirements described in this chapter, consistent with BCWMC requirements.
(g)Stormwater management limitations and exceptions.
(1)Limitations.
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a.Infiltration Prohibited.The use of infiltration techniques is prohibited when the infiltration
structural stormwater BMP will receive discharges from, or be constructed in, the following
areas:
1.Where industrial facilities are not authorized to infiltrate industrial stormwater under an
NPDES/SDS industrial stormwater permit.
2.Where vehicle fueling and maintenance occur.
3.Where less than three feet of separation from the bottom of the infiltration system to the
elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists.
4.Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating
stormwater.
5.Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of
clear water into the sanitary sewer system.
6.In an area with predominately Hydrologic Soil Group D (clay) soils.
7.Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features.
8.In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area
(DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability
unless the applicant performs a higher level of engineering review sufficient to provide a
functioning treatment system and to prevent adverse impacts to groundwater.
9.In an ERA within a DWSMA classified as high or very high vulnerability as defined by the
Minnesota Department of Health.
10.Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the
applicant performs a higher level of engineering review sufficient to provide a functioning
treatment system and to prevent adverse impacts to groundwater.
11.Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to
slow the infiltration rate below 8.3 inches per hour.
b.Linear Projects.
1.Linear projects on sites where infiltration is not prohibited or restricted that create one or
more acres of new or fully reconstructed impervious surfaces, shall capture and retain the
larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or,
0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface.
2.Mill and overlay and other resurfacing activities are not considered fully reconstructed.
3.Where the entire water quality volume cannot be treated within the existing right-of-way,
a reasonable attempt must be made to obtain additional right-of-way, property, or
easements during the project planning process. Volume reduction practices must be
considered first. Volume reduction practices are not required if the practices cannot be
provided cost effectively. If additional right-of-way, property, or easements cannot be
obtained, owners of the construction activity must maximize the treatment of the water
quality volume prior to discharge to the City’s storm sewer system and surface waters. For
linear projects where the lack of right-of-way or property precludes the installation of
volume control practices to meet Subsection (g)(1)b.1 of this section, exceptions as
described in Subsection (g)(2) of this section can be applied.
(2)Exceptions.A lesser volume control standard on the site of the original construction activity may be
applied, at the discretion of the City, under the following circumstances:
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a.The permittee or owner of the construction site is precluded from infiltrating stormwater due to
limitations under Subsection (g)(1)a of this section; and
b.The permittee or owner of the construction site implements volume reduction techniques, other
than infiltration, on the site of the original construction activity that reduce stormwater discharge
volume but may not meet the requirements of post-construction stormwater management; and,
c. The permittee or owner records all attempts of infeasibility, and the treatment of the water
quality volume is maximized prior to discharge to the City’s storm sewer system and surface
waters.
(h)Mitigation. If the City determines that the permittee or owner of a construction site cannot cost effectively
meet the water quality conditions for post-construction stormwater management on the site of the original
construction activity, the City or permittee/owner shall identify locations where mitigation projects can be
completed. The remaining water quality volume not addressed on the site of the original construction
activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements
are met:
(1)Mitigation project areas are selected in the following order of preference, with consultation and
approval of the City:
a.Locations that yield benefits to the same receiving water that receives runoff from the original
construction activity.
b.Locations within the same Department of Natural Resource (DNR) catchment area as the original
construction activity.
c.Locations in the next adjacent DNR catchment area upstream.
d.Locations anywhere within the City.
(2)Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of
existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater
BMP.
(3)Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used
to meet the mitigation requirements.
(4)Mitigation projects shall be completed within 24 months after the start of the original construction
activity.
(5)The City shall determine, and document, who is responsible for long-term maintenance on all
mitigation projects, including the establishment of maintenance agreement(s) between the City and
owners of structural stormwater BMPs not owned or operated by the City.
(6)If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the
owner or permittee meeting the conditions for post-construction stormwater management, the City
shall apply any such payment received to a public stormwater project, and all projects must be in
compliance with this chapter.
(Code 1988, § 4.31(5))
Sec. 107-6. General Performance Standards.
(a)Freeboard.The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and
stormwater management facilities shall conform to the following:
(1)All new and existing structures and uses located in the floodplain are subject to Section 113-125.
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(2)For structures and uses located outside the floodplain, the following shall apply: The lowest floor
elevation of all new principal and accessory structures, and additions to existing structures, shall be at
least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and
stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125.
Calculated high water levels shall be determined by the City based on the relevant Federal, State,
BCWMC, and City studies.
(b)Setbacks.New principal and accessory structures, and additions to existing structures, shall be set back 25
feet from the following features:
(1)A delineated wetland edge.
(2)The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless
such a feature is incorporated into the architectural design of the building and the construction plans
are prepared and signed by a licensed structural engineer.
(c)Buffers.
(1)Native or natural vegetation buffers must be established or preserved in accordance with this chapter
and the requirements of the BCWMC.
(2)The buffer zone widths are as follows:
a.Streams.Ten feet or 25 percent of the distance between the ordinary high water level and the
nearest existing principal or accessory structure, whichever is less.
b.Wetlands.Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or
similar classification system, buffer widths will be as follows (measured from the delineated
wetland edge):
1.Preserve: 75 feet average and minimum of 50 feet.
2.Manage 1: 50 feet average and minimum of 30 feet.
3.Manage 2 or 3: 25 feet average and a minimum of 15 feet.
c.Lakes.Minimum of 15 feet in width measured from the OHWL.
d.Stormwater Management Facilities.Buffers shall extend from the normal water level, or bottom
of a dry basin, up to the top of bank of the stormwater management facility, as determined by
the Administrator, and shall be a minimum of 10 feet in width.
(3)The following standards shall guide the protection, creation or restoration of buffers to achieve the
goals and policies of the City's Surface Water Management Plan. The Administrator may modify or
waive standards depending on each project site and goals for the water body.
a.The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of
flat topography.
b.An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is
less, is permitted.
c.Accessory structures intended to provide access to wetlands such as retaining walls, stairways
and docks are permitted in the access corridor so long as they conform with State regulations,
BCWMC requirements, and other applicable chapters of City code. Retaining walls and stairways
must be constructed with natural materials, or materials with a natural appearance, and
generally blend with the surrounding landscape.
d.The City may require that a buffer be placed in a conservation easement. For new development
and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a
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lake, wetland or stream, the City shall require that the buffer be placed in a conservation
easement.
e.Monuments identifying the conservation easement, designed in accordance with City standards,
should be placed every 100 feet to delineate the buffer edge and at intersections with property
lines.
f.Buffer strip vegetation should be appropriate for the site conditions and goals for the water
body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such
vegetation in an undisturbed state is preferred.
(d) Wetlands.
(1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the
peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily
stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet)
listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland
Management Standards found on the Minnesota Board of Water and Soil Resources website.
(2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of
post-construction stormwater management BMPs shall be prohibited.
(3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of
household or personal items, lawn equipment, furniture, parts, yard waste, and the like.
(4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces
excluding public roads, trails, bridges, and recreational facilities.
(5) Access. Structures intended to provide access across a wetland, including but not limited to stairways,
docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State
regulations, BCWMC requirements, and other applicable chapters of City code.
(6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play
equipment shall not be located on wetlands.
(7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in
the following order:
a. Replacement on site.
b. Replacement within subwatershed.
c. Replacement within watershed.
d. Replacement within the City.
e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules,
Chapter 8420.
(e) Maintenance of private stormwater management facilities.
(1)No private stormwater management facilities may be approved unless a maintenance plan is provided
and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected
annually or more often, with reports submitted to the City, and maintained in proper condition
consistent with the performance standards for which they were originally designed.
(2)Owners of private stormwater management facilities shall enter into an agreement with the City
describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such
responsibility shall be documented in a maintenance plan and executed through a maintenance
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agreement. The maintenance agreement shall be recorded against the parcel. The stormwater
maintenance agreement shall be in a form approved by the City and shall describe the inspection and
maintenance obligations of this section, and shall, at a minimum:
a. Designate the owner of the private facility, which shall be permanently responsible for the
maintenance of the structural stormwater BMP.
b. Run with the land and pass the responsibility for such maintenance to successors in title.
c.Grant the City and its representatives the right of entry for the purposes of inspecting all private
stormwater management facilities.
d.Allow the City the right to repair and maintain the facility, and assess costs if necessary
maintenance is not performed after proper and reasonable notice to the owner.
e.Protect and preserve private stormwater management facilities. If the private stormwater
management facility changes causing decreased effectiveness, then a new, repaired, or improved
facility must be implemented to provide equivalent treatment to the original BMP.
f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of
chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of
application for the site, and a map showing snow storage areas and sensitive areas to avoid
application. The chloride management plan shall be updated annually.
(f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices
within a privately-owned and maintained stormwater management facility or BMP, provided the following
requirements are met:
(1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the
device is installed.
(2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by
signatures on a petition submitted to the City. If the property owner is a common interest community, at least
75% of all unit owners shall approve of the device.
(3) Submittal of device/system specifics, documentation showing no negative water quality impacts to
water body or downstream water bodies, documentation of qualified professional installer, maintenance and
removal plan.
(4) No more than one horsepower motor or pump.
(5) Hours of operation are limited to 7am-10pm.
(6) Device shall only be operated between April 15 and October 15.
(7) Administrator may limit lighting, height, and width of spray.
(8) A permit is required for each stormwater management facility or BMP.
(9) Permit must be renewed each year.
(Code 1988, § 4.31(6); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-7. Stormwater and Urban Runoff Pollution Control.
(a)Illegal Disposal.
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(1)Discarded Materials.No person shall throw, deposit, place, leave, maintain, or keep, or permit to be
thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or
abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet,
catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in
the City, so that the same might be or become a pollutant, except in containers, recycling bags, or
other lawfully established waste disposal facility.
(2)Landscape Debris.No person shall dispose of leaves, dirt, or other landscape debris into a street, road,
alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal,
storm drain or any fabricated natural conveyance.
(b)Illegal Discharges and Illicit Connections.
(1)No person shall cause any illegal discharge to enter the municipal stormwater system unless such
discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained
from the MPCA or is an exempt activity listed in section (b)(2) below.
(2)The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
a.The following discharges are exempt from discharge prohibitions established by this chapter:
water line flushing, landscape irrigation, diverted stream flows, rising groundwater infiltration,
uncontaminated pumped groundwater, sump pump discharge, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water from
crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
b.Discharges or flow from firefighting.
c.Discharges associated with dye testing; however, this activity requires a verbal notification to the
City's Public Works Division prior to the time of the test.
(3)The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the storm drain system.
(4)No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater
system.
(c)Good Housekeeping Provisions.Any owner or occupant of property within the City shall comply with the
following good housekeeping requirements:
(1)Chemical or Septic Waste.No person shall leave, deposit, discharge, dump, or otherwise expose any
chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or
storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For
swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to
evaporate, or the property owner may provide test results to the City showing the swimming pool
water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system.
(2)Runoff Minimized.Runoff of water from all property shall be minimized to the maximum extent
practicable. Runoff of water from the washing down of paved areas in commercial or industrial
property is prohibited unless necessary for health or safety purposes and not in violation of any other
provision of the City Code.
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(3)Storage of Materials, Machinery, and Equipment.Materials or equipment shall be stored to limit risk of
contamination by runoff.
a.Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and
unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to
runoff.
b.Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff
shall be placed in a confined area to contain leaks, spills, or discharges.
(4)Watercourse Protection.Every person owning property through which a watercourse passes, or such
person's lessee, shall keep and maintain that part of the watercourse within the property free of trash,
debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a hazard to use,
function, or physical integrity of the watercourse.
(d)Removal of Debris and Residue.
(1)All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and
residues. Such debris and residue shall be collected and disposed of in accordance with law.
(2)Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage
or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible
and disposed of properly. Household hazardous waste may be disposed of through the County
collection program or at any other appropriate disposal site and shall not be placed in a trash
container.
(e)Notification of Spills or Leaks.Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting or may result in illegal discharges or
pollutants discharging into stormwater, the stormwater management system, or surface waters, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately notify emergency response agencies
of the occurrence via emergency dispatch services. This shall include immediate notification of the State
Department of Safety Duty Officer, if the source of the illegal discharge is a spill or leak as defined in Minn.
Stats. § 115.061. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two
years.
(f)Compliance Monitoring.
(1)Right of Entry.City inspectors and regulators shall be permitted to enter and inspect facilities subject to
regulation under this chapter as often as may be necessary to determine compliance with this chapter.
a.If a discharger has security measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary arrangements to allow
access to representatives of the City.
b.Facility operators shall allow approved City employees ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records that must be kept
under the conditions of an NPDES permit to discharge stormwater.
c.The City shall have the right to set up on any facility such devices as are necessary to conduct
monitoring and/or sampling of the facility's stormwater discharge to ensure compliance with this
chapter.
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d.The City has the right to require the discharger to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
e.Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the operator at the written or oral request of the
City and shall not be replaced. The costs of clearing such access shall be borne by the operator.
f.Unreasonable delays in allowing City access to a facility is a violation of this chapter. A person
who is the operator of a facility commits an offense if the person denies the City reasonable
access to the facility for the purpose of conducting any activity authorized or required by this
chapter.
(2)Search Warrants.If the City has been refused access to any part of the premises from which
stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the community, then the City may seek
issuance of a search warrant from any court of competent jurisdiction.
(g)Violations, Enforcement, and Penalties.
(1)Violations.It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person who has violated or continues to violate the provisions of this
chapter, may be subject to the enforcement actions outlined in this chapter or may be restrained by
injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an
immediate danger to public health or public safety, the City is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures necessary to abate the
violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined
in Chapter 10.
(2)Warning Notice.When the City finds that any person has violated, or continues to violate, any
provision of this chapter, or any order issued hereunder, the City may serve upon that person a written
warning notice, specifying the particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution whereby any offending
discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in
no way relieves the alleged violator of liability for any violations occurring before or after receipt of the
warning notice. Nothing in this subsection shall limit the authority of the City to take any action,
including emergency action or any other enforcement action, without first issuing a warning notice.
(3)Notice of Violation.Whenever the City finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the City may order compliance by written notice of violation to the
responsible person.
a.The notice of violation shall contain:
1.The name and address of the alleged violator
2.The address when available or a description of the building, structure or land upon which
the violation is occurring, or has occurred
3.A statement specifying the nature of the violation
4.A description of the remedial measures necessary to restore compliance with this chapter
and a time schedule for the completion of such remedial action
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5.A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed
6.A statement that the determination of violation may be appealed to the City by filing a
written notice of appeal within five days of service of notice of violation; and
7.A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or
a contractor and the expense thereof shall be charged to the violator.
b.Such notice may require, without limitation:
1.The performance of monitoring, analyses, and reporting
2.The elimination of illicit connections or discharges
3.That violating discharges, practices, or operations shall cease and desist
4.The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property
5.Payment of a fine to cover administrative and remediation costs; and
6.The implementation of source control or treatment BMPs.
(4)Civil Penalties.In the event an alleged violator fails to take the remedial measures set forth in the
notice of violation or otherwise fails to cure the violations described therein within five days, or such
greater period as the City shall deem appropriate, the City may impose a penalty not to exceed
$1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied
after receipt of the notice of violation.
(h)Appeal of Notice of Violation.If the violation has not been corrected pursuant to the requirements set forth
in the notice of violation, or, in the event of an appeal, within five days of the decision of the municipal
authority upholding the decision of the City then representatives of the City shall enter upon the subject
private property and are authorized to take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
(i)Cost of Abatement of the Violation.Within five days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative costs. The property owner may
file a written protest objecting to the amount of the assessment within five days. If the amount due is not
paid within a timely manner as determined by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
(j)Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided in this
chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a
threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
(Code 1988, § 4.31(7); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
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Sec. 107-8. Responsibility for Stormwater Drainage on Private Property.
(a)Responsibility.Property owners are responsible for stormwater drainage on private property. The City
assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer
system.
(b)Technical Assistance.Upon written request, the City may provide technical assistance to investigate or
correct a drainage problem on private property.
(c)Petition.Property owners may petition the City for public improvements to correct a drainage problem on
private property.
(d)Costs.Property owners shall pay all costs associated with correcting drainage problems on private property
including City staff time, consultant costs, legal fees, and design and construction costs.
(e)Assessment.If property owners petition the City to construct a public project, project costs shall be assessed
to each property contributing flow to the problem area in accordance with Minn. Stats. ch. 429 and pursuant
to the City's assessment policy.
(Code 1988, § 4.31(8); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
97
Review of Council Calendar
Event Event Time Location
JANUARY
Saturday, January 21
Fundraising Event - Golden Valley Police Association 2:00 PM - 6:00 PM Schuller's Tavern, 7345 Country
Club Road
Tuesday, January 24
Annual City Council Goal Setting Session
5:30 PM - Dinner
6:30 PM - Session
begins
Brookview - Valley Room
Thursday, January 26
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley Room
Saturday, January 28
WinterFest 12:00 PM - 2:00 PM North Wesley Park
FEBRUARY
Wednesday, February 1
Remote Fire Station Site Selection Open House 4:00 PM - 6:00 PM Brookview
Thursday, February 2
Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Fire Station 3
3700 Golden Valley Rd
Monday, February 6
Twin Cities Public Television Presentation -
Bridging the Faultlines: Stories of Racism and Resistance (Program
1)
6:00 PM - 9:00 PM Breck High School Auditorium, 123
Ottawa Ave N
Tuesday, February 7
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, February 9
Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Online Via Webex
Sunday, February 12
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, February 14
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Thursday, February 16
Building An Equitable Golden Valley Quarterly Conversation:
Celebrating Accomplishments of Black Women 6:00 PM - 7:15 PM Brookview
Monday, February 20
City Offices Closed for Observance of Presidents' Day
Tuesday, February 21
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, February 23
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley Room
Sunday, February 26
West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center
1001 MN-7, Hopkins, MN
Tuesday, February 28
City Council Annual Joint Meeting with Boards/Commissions 6:00 PM Brookview - Bassett Creek Room
MARCH
Friday, March 3
State of the City 3:00 PM - 4:30 PM WSB, 701 Xenia Ave S, UNIT 300
98
Monday, March 6
Twin Cities Public Television Presentation -
Bridging the Faultlines: Stories of Racism and Resistance (Program
2)
6:00 PM - 9:00 PM Capri Theater, 2027 W Broadway
Ave, Minneapolis
Tuesday, March 7
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, March 12
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, March 14
Council Work Session 6:30 PM Hybrid - Council Conference Room
99