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2006-06-26 EC Agenda PacketAGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room Monday, June 26, 2006 7:00 PM I. Call to Order II. Approval of Minutes — May 22, 2006 III. Nature Area Locations of Trash Receptacles IV. Commission's Annual Report Presentation to Council Update (report by Baker) V. 1/1 Comprehensive Communications Plan and Code Revisions (for review and feedback) VI. Program/Project Updates — ➢ Sunnyridge Lane Soil Contaminants ➢ Three Rivers Park District Trail (Regional Bicycle Plan) ➢ Ad Hoc Deer Task Force Lighting Plan/Ordinance ➢ Property Maintenance Code ➢ Proposed Developments ➢ Municipal Utility Code Revisions Open Space & Recreation Commission Minutes — June 26, 2006 (receive and file) VII. Commission Member Council Reports VIII. Other Business IX. Adjourn GAEnvironmental Comm ission\Agendas\2006\062606.doc GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes May 22, 2006 Present: Tracy Anderson, Christopher Kaisershot, Jon Pawluk, Siah St. Clair, Mauno Silpala Absent: Richard Baker; Dawn Hill; Al Lundstrom, Environmental Coordinator; Jeff Oliver, City Engineer City Staff: Jeannine Clancy, Director of Public Works; Tracy Pharr, Administrative Assistant Call to Order Pawluk called the meeting to order at 7:05 pm. II. Approval of Minutes - April 24, 2006 No changes. MOVED by St. Clair, seconded by Anderson, and the motion carried unanimously to approve the minutes of the April 24, 2006 meeting as submitted. III. Park Locations of Trash Receptacles (attachment, for review) Pawluk commented the trash receptacle location map was very well done. He added that the cost/labor breakdown was very helpful, and while it would be nice to have trash receptacles everywhere, obviously we probably can't afford to put them everywhere. Clancy replied a budget adjustment would likely be necessary for installation of additional trash receptacles, and it would probably require adding another seasonal employee or two. She added that Public Works lost two staff members a few years ago and has not gained them back. This has made it very difficult for staff to keep up with recreation demands. Staff has had to begin saying no to adding additional tasks. Pawluk asked if anyone felt strongly about adding trash receptacles to a specific location, or relocating existing ones to new places. Kaisershot referenced the Commission's April 24 meeting, where Clancy had stated "she would need to check with Public Works maintenance staff to understand why receptacles are not installed at certain nature area locations." He asked what the reasoning is behind the current locations and the "potential" ones listed on the location map (e.g., if money were no object, are these are the "prime" ones requested?). Clancy replied the current nature area locations were chosen generally due to requests or based on higher levels of use. She continued that Lundstrom had discussed with the Park Maintenance Supervisor and Public Works Maintenance Manager where appropriate locations would be for adding additional trash receptacles (the potential locations illustrated on the map). Clancy added that staff does concur with the Commission that we would like to be able to provide more levels of service (add more trash receptacles), but at this time, we are short of people for additional tasks/activities. Further discussion ensued about existing and potential trash receptacle locations. Pawluk suggested tabling the Commission's motion until the June 26 meeting so more discussion with all the Commission Members could take place. Clancy said staff is currently working on next year's budget, and if the Commission wanted to have their motion considered for 2007, she would encourage them to take this to the City Council soon (in June, or July at the latest). Kaisershot asked for clarification on whether or not staff agrees additional trash receptacles are needed given the use of the trail system, and if staff feels the potential locations illustrated on the location map would be those recommended, if sufficient staff were available. Clancy replied yes, if sufficient staff was available. Kaisershot added that he thinks this is a message the City Council should hear. Pawluk said, based on comments that have been made, he would recommend the Commission push for staffs recommendation for 2007. He added that perhaps a few garbage cans could be added in 2006. Clancy responded by saying she thinks staff is feeling really pushed to keep up, and she respects the fact that staff is working as hard as they can. As such, Clancy said at some point, staff has to say new services cannot be added without adding people. Clancy recommended someone from the Commission attend the June 13 Council/ Manager meeting as this motion is tentatively scheduled for the agenda. After additional discussion, the Environmental Commission decided to make the following amended motion: MOVED by Kaisershot, seconded by Anderson, and the motion carried unanimously to recommend to the City Council that they direct staff to install trash receptacles at the entrances to those nature areas identified in the location map provided by staff, and additionally at the north and west entrances to the General Mills nature area. The recycling portion of the Commission's original January 23 motion has been tabled until St. Louis Park's study is completed (September 29, 2006). IV. Commission's Annual Report Presentation to Council (report by Baker) Baker was not in attendance at the meeting. Clancy reported Baker did a great job presenting the Commission's annual report to the City Council. She said he commented on the buckthorn initiative and other past accomplishments and upcoming agenda items. The Council did not ask many questions, but enjoyed the presentation and likes the visibility of the Environmental Commission. K V. 1/1 Comprehensive Communications Plan (for review and feedback) Clancy said 1/1 (inflow and infiltration) would likely be on every agenda for the next few months. She said staff would like to define the problem and the mission and look at avenues for communication. Clancy gave an overview of the items included in the Commission's agenda packet: the 1/1 Comprehensive Communications Plan (Plan), three brochures (on sanitary sewer, storm sewer and sump pumps, which are included in all new resident information packets) and a variety of website and newsletter articles. A short PowerPoint presentation on Inflow and Infiltration, available on the City's website, was shown. Clancy asked the Commission to provide input on the Plan. Silpala noted the cost, which is listed in Key Messages, should definitely be included. He asked if illegal sump pump connections are identified when a property is sold. Clancy replied that the City does not perform code compliance inspections or "truth in housing" point of sale inspections, but a property maintenance code is being developed. She added that the Metropolitan Council Environmental Services (MCES) has stated cities will have to meet their 1/1 goal, but did not tell them how to do so. Staff doesn't believe the City's goal can be achieved without having an inspection program. Kaisershot added he believes some difficult decisions will need to be made in the near future so the goal can be met. St. Clair asked if staff plans to inspect every home in Golden Valley. Clancy responded that a plan is not yet in place. Staff would like to address the "red" area (the highest 1/1 concentration, as illustrated on a map shown during last month's 1/1 presentation) and imminent Pavement Management Program project areas first. Silpala asked what other communities are doing. Clancy replied most cities are in the process of digesting the information, meeting with the MCES and having studies performed. Kaisershot asked what specific input staff is looking for related to the Plan. Clancy replied she would like the Commission to comment on the Potential Strategies, Strengths, Challenges, Audience Identification and Key Messages components of the Plan. Pawluk said one of the challenges is that communities don't have funding for a large marketing campaign (specifically, a Leak Ericson TV commercial and/or radio spots), and it would be nice if MCES could do this, as they can reach a larger audience and have more available funding. He continued that the City could put information in the newsletter, on the City's website and cable access TV, but the reach would be less. Clancy thought television ads were a good idea. She said it might be possible for one of the major news networks to do a segment on this, if MCES were to back the effort. 3 Silpala suggested adding real estate professionals to the target audience. St. Clair mentioned home inspectors as well. He also suggested mentioning the cost for homeowners to make sump pump and floor drain corrections. Clancy noted that these costs are quite variable and can be very significant. St. Clair said he thinks it helps if people know the cost up front, even if it is just a range. Pawluk added people will want to know that if they fix their individual issue, they won't still get hit with a surcharge because other people have not fixed their problems. Clancy said this was a good point. Clancy said if anyone thinks of any other comments, please e-mail them to her. Staff would like to finalize the Plan, an ordinance and a work plan, and bring them back to the Commission at the June meeting. St. Clair recommended adding more emphasis to floor drains and roof leaders, as most reference is exclusively to sump pumps (under Key Messages). He also recommended making a change to the last bullet under Key Messages. He thought "inflow and infiltration" inspection program would be more appropriate than "sump pump" inspection program. Silpala believed it should be expressed that the issue will be addressed one way or another. Clancy thought this could be added under Potential Strategies. VI. Program/Project Updates Sunnyridge Lane Soil Contaminants — No new information. Three Rivers Park District Trail (Regional Bicycle Plan) — Staff has not yet received final plans. Three Rivers is working with Xcel Energy to have some power poles in conflict with the trail relocated. Construction is scheduled to begin in August. Ad Hoc Deer Task Force — A public participation meeting will be held on July 13 at Brookview Community Center. Lighting Plan/Ordinance — Staff has retained a consultant to assist with the development of a lighting plan. A draft should be provided for review by the Environmental and Planning Commissions in approximately two months. Property Maintenance Code — Staff has scheduled information meetings for resident feedback on June 5, June 12 and June 17. Proposed Developments — Clancy stated staff has received a development proposal for a lot split on Turner's Crossroad South. The City Council denied the request, and has directed the developer to make revisions and resubmit the proposal. A public hearing was being held in the Council Chambers for a proposed development at 6100 Olson Memorial Highway. 4 VII. Commission Member Council Reports Silpala indicated he had attended the May 16 Council meeting, but did not have a report on any environmental issues. Pawluk did not assign the June Council agendas for review. VIII. Other Business Items of Other Business: ➢ Silpala stated he had attended the Living Green Expo (information provided in the April agenda packet). He was most interested in the electric vehicles. Silpala wondered if the City could adopt electric vehicle use as a sign of encouragement to others, and if an article could be published in a future CityNews about where to buy E-85 fuel. Clancy will discuss the possibility of an article with Communications Department staff. ➢ The Commission will decide on an attendee for the June 13 Council/Manager meeting. Pawluk will notify Pharr of who will be attending. ➢ June agenda items include review and feedback on the 1/1 communications and work plans, an update on the comprehensive plan and feedback on attendance at the June Council/Manager meeting (recycling and trash receptacles motion). No additional business was addressed. IX. Adiourn The next scheduled meeting will be on June 26, 2006 at 7:00 pm. The meeting was adjourned at 8:50 pm. Respectfully submitted, MA Tracy E. Pharr, Administrative Assistant Department of Public Works 5 'Golden Valley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting June 13, 2006 Agenda Item 7. Discussion Regarding the Environmental Commission's Recommendation to Install Additional Trash Receptacles at the Entrances to Nature Areas Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary At the beginning of the year, the Environmental Commission reviewed the Envision process and prioritized their focus topics to be provided to the City Council. After reviewing the Envision -guided recommendations, the Commission has been discussing the installation of additional trash receptacles at the entrances to nature areas and the addition of recycling containers in City parks. At their regular monthly meeting on May 22, 2006, the Environmental Commission passed the following motion: MOVED by Kaisershot, seconded by Anderson, and the motion carried unanimously to "recommend to the City Council that they direct staff to install trash receptacles at the entrances to those nature areas identified in the location map provided by staff, and additionally at the north and west entrances to the General Mills nature area." In advance of the motion, the Public Works Director requested staff investigate the history of recycling in Golden Valley parks and surrounding communities' past experiences with this type of request. Currently, Public Works Maintenance staff provides trash receptacles at all of the 24 park/activity areas and at approximately five of the nine nature areas. Maintenance staff has provided outdoor recycling containers at special events, on a request basis, on a few occasions over the last ten years. The efforts resulted in limited success due to the following issues related to outdoor recycling containers: 1. Recycling materials mixed with significant contaminants, including animal feces, resulting in the majority of the product being placed in the waste stream rather than being recycled. 2. Staff receiving complaints from park users of bee problems related to high concentration of opened containers in outdoor recycling bins. GAExecutive Summary\2006\Council-Manager\ECRegRecyclingContainers061306.doc Similar concerns have been experienced by surrounding communities who have attempted to provide outdoor recycling receptacles at city parks. Staff has learned that the City of St. Louis Park, with the help of a grant from Hennepin County, will be conducting a study this summer to investigate ways to successfully promote and provide outdoor recycling receptacles that can generate a cleaner recycling stream and reduced bee problems. The final report will be completed by September 29, 2006. The Environmental Commission had originally, at their January 23, 2006 meeting, made a motion to also "recommend to the City Council that they direct staff to install recycling receptacles in all City parks...." After receiving additional information from staff, and learning of the grant awarded to the City of St. Louis Park, the Environmental Commission has decided to postpone this portion of their motion until the results of St. Louis Park's study have been received and reviewed. Attached to this memo is a map, prepared by staff, that documents the locations of existing and potential trash receptacles in Golden Valley's nature areas. At the Commission's May meeting, the Environmental Commission requested that the City Council consider the Commission's May 22 motion at their June 13 Council/Manager meeting. Attachments Map (two-sided) of locations of existing and potential trash receptacles (1 page) GAExecutive Summary\2006\Council-Manager\ECRegRecyclingContainers061306.doc �legal- VAN -\ • I -1111 � ® �i . _ � 111 ,�r'•��, Trash Receptacles at City Parks, Trails and Nature Areas (see map on reverse) 1. Park Maintenance currently manages 150+ metal trash receptacles at City parks, trails and nature areas. 2. It takes one two -person crew eight hours, one day per week to transport and empty the receptacles into a dumpster at the golf maintenance operations building. 3. The trash receptacles are maintained over a 6 -month time period: Estimated labor for two full-time staff for 3 -month time period $6,720 Estimated labor for two part-time staff for 3 -month time period $1,288 $8,000 4. Park Maintenance staff maintains trash receptacles at a few park parking lots during the winter months. 5. In addition to the existing 10 nature area locations, the Park Maintenance Supervisor has identified 30 potential additional locations at nature areas and trails for installation of trash receptacles (see map on reserve for existing and potential locations). 6. If 30 additional trash receptacles are added at the locations proposed, the Park Maintenance Supervisor anticipates the following: An additional three hours per week for one two -person crew to empty the 30 additional trash receptacles. One additional dumpster needed from trash hauler to handle the added waste. GAEnvironmental Com miss ion\Miscellaneo us\Other\Trash Receptacle LocationsRev06O6.doc Council/Manager Meeting Minutes June 13, 2006 Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer. City Manager Tom Burt, Planning and Development Director Mark Grimes, Public Works Director Jeannine Clancy, City Engineer Jeff Oliver, Public Safety Director Bob Hernz and Assistant City Manager Jeanne Andre. The meeting began at 6:30 pm in the City Council Conference Room. Event Permit Request — General Mills/American Diabetes Association Walk Bob Hernz outlined the request from Jeff Lemoine, General Mills Security Manager to close Betty Crocker Drive on September 30 from 7 am to noon to accommodate a 5 k walk/run for the American Diabetes Association. A map with two routes was distributed to the Council. The alternative route would be used if the paved trail system has not been completed in the nature area. Chief Hernz explained that not much staff time is required to address this request, as the number of barriers needed is small and he anticipates that police reserve officers can staff the barriers. The Council questioned the participant parking arrangements. Participants will be asked to use the drive closest to Hwy. 169 to access the General Mills parking lot. Council requested that the area be posted in advance and that letters be sent to neighbors in the nearby neighborhood to inform them about the event and road closure. Trash Receptacles in Nature Areas Chris Kaisershot, Chair of the Environmental Commission, outlined the Commission concerns related to trash receptacles in City parks and nature areas. The Commission has two requests, the first to add recycling to City trash options in the parks, which they have deferred until a St. Louis Park study on this topic is completed due to many potential problems identified by staff. The second request is to add additional trash receptacles, with an emphasis on nature areas not currently served. City staff reviewed this recommendation and identified approximately 30 additional locations, with an estimated annual price tag of $8000. The Council questioned which trash receptacles currently in place have higher use, if volunteers could be recruited to help out, whether more frequent rounds by adopt -a -park volunteers would help with the problem. Staff will research information requested by the Council including the location of all existing park/nature area trash receptacles, how much the volume of trash varies for these receptacles, and information about adopt -a -park procedures. This issue will be discussed further as part of the annual budget process. Proposed Ordinance Amendment — Municipal Utility Code Jeff Oliver provided an overview of some ordinance changes recommended by staff to help create incentives and penalties for releasing storm water into the sanitary sewer system. These changes are needed to help the City address significant inflow and infiltration problems related to its sanitary sewer system and fines that will be levied against the City by the Metropolitan Council starting in 2007. Jeannine Clancy explained that this is a preliminary review prior to sending the draft to the Environmental Commission for consideration, after which it will come back to the Council for further consideration and a public hearing. The main Council concerns related to the amount of the surcharge to residents for non-compliance and whether the surcharge should apply r� 1/1 Comprehensive Communications Plan 1. Focus Areas • Problems caused by cross -connected sump pumps • Problems with aging City -owned sanitary sewer facilities and with an aging and at -capacity interceptor system • Changes in laws regarding the building code, the environment, etc • Impact on Golden Valley (costs, surcharges, demand charges, effects on future redevelopment) • Need for public education about cross -connections and related issues • Responsibilities of property owner, City, and Met Council • Responsibility to the environment 2. Mission The City of Golden Valley must reduce its 1/1 into the sanitary sewer system to comply with Metropolitan Council requirements, minimize and eliminate the surcharge, and remain friendly to the environment. To accomplish this, the City must raise public awareness about 1/1 and related issues, and generate public support for and compliance with the City's program to reduce 1/I. 3. Goals and Objectives • Help public understand 1/1 and related issues and how they impact the community and the region. • Explain sanitary sewer system in general and the aging and capacity issues with the City and Met Council system in particular, and problems caused by cross -connected sump pumps • Educate public about City's efforts to reduce 1/I. • Build public support for City's 1/1 reduction efforts. • Explain individual property owners' responsibility for helping reduce 1/I. • Build public support for individual property owner responsibility for helping reduce 1/I. • Encourage property owners to participate in and comply with 1/1 inspection program. • Educate public about City's efforts to be responsible stewards of the environment. • Encourage citizens to consider and act upon their responsibility to the environment. 4. Potential Strategies (1 = high priority, 2 = medium priority, 3 = low priority) • Educational video that provides overview of problem and solution (for use on cable TV, neighborhood meetings, etc) • Short video PSAs for cable TV and Web site to encourage action • Include questions on City survey (Fall 2006) to determine level of public awareness, anticipated cooperation level, etc) • Web site material • Informational flyers, handouts, brochures • Neighborhood information meetings • City newsletter articles • Press releases to SunPost and Cable 12 • Increase awareness at Pavement Management information meetings • Share case studies of 1/1 problems in other parts of the US • Use "Leak Ericson" as a mascot and symbol for 1/1 program • Work with MCES to develop ads for metro -wide TV • Work with other Cities to share resources Communications Plan 4.1 Strengths 4.2 Challenges • Legitimate issue Population's lack of knowledge about problem • Knowledgeable staff Desire to buy way out of problem • We're building a plan Population's lack of knowledge about system and how it • Established City information outlets (publication, works cable TV, web) Costs to property • Community paper and community TV Lack of funding • Engaged community Blamestorming • High level of City service Distrust of government • Success of meter change -out program Working with other Cities (New Hope, Robbinsdale, Mpls) • Success of pavement management education • 5. Audience Identification 1. Golden Valley residents (homeowners) 5. City Council and Commissioners 2. Businesses (building owners and managers) 6. School -aged kids 3. Apartment Owners 7. Real estate professionals 4. City staff 8. Inspectors (private and public) 6. Key Messages • Cross -connected sump pumps are illegal and harm homeowners, neighborhoods, and the entire community. • Illegal sump connections dump clear water into the sanitary sewer system, which sends it to the waste water treatment plant. Treating this clear water is unnecessary and increases your sewer charges. • Cross -connected sump pumps add water to a sanitary sewer system that wasn't designed to handle it. Overflows can cause sewer back-ups in people's basements—maybe even your own. • Properly connected sump pumps discharge to the lawn or the storm sewer system, not to a drain or sanitary sewer pipe in the house. • During the rainy season (March through October), cross -connected sump pumps increase the flow of clear water through Golden Valley's sanitary sewer system two -fold. • Cross -connected sump pumps aren't the only 1/1 culprits—roof and foundation drains also contribute to the problem. • If Golden Valley doesn't get its 1/1 under control, its utility customers will pay $380,000 to $500,000 (or more, depending on actual 1/1 levels) per year in additional sewer charges starting in 2008. • You can help reduce 1/1 in Golden Valley by making sure your sump pump is discharging properly to your lawn or the storm sewer system. • The City of Golden Valley's 1/1 inspection program will help citizens determine if their sumps are properly connected. This is a long-term process. 0 1/1 causes serious problems for the metro -wide sanitary sewer system. 7. Potential Resources • MCES • Consultant community • Other cities (local and national) • Environmental agencies (EPA, MPCA) 8. Communication Vehicles and Strategies for Target Audiences 1. Golden Valley residents (homeowners) • City newsletter and Web site articles • Press releases to SunPost and Cable 12 • City survey (Fall 2006) questions • Neighborhood information meetings • Informational flyers, handouts, brochures • Educational video • Increase awareness at Pavement Management information meetings • Use "Leak Ericson" as a mascot and symbol • Short video PSAs for cable TV and Web 2. Businesses (building owners and 0 Press releases to SunPost and Cable 12 managers) a Neighborhood information meetings • Informational flyers, handouts, brochures • Educational video • Increase awareness at Pavement Management information meetings • Short video PSAs for cable TV and Web 3. Apartment Owners 9 Press releases to SunPost and Cable 12 • Neighborhood information meetings • Informational flyers, handouts, brochures • Educational video • Use "Leak Ericson" as a mascot and symbol • Short video PSAs for cable TV and Web 4. City staff Neighborhood information meetings • Educational video • Case studies of 1/1 problems in other parts of the US 5. City Council and Commissioners City newsletter and Web site articles • Informational flyers, handouts, brochures • Educational video • Case studies of 1/1 problems in other parts of the US 6. School -aged kids Neighborhood information meetings • Informational flyers, handouts, brochure • Educational video • Use "Leak Ericson" as a mascot and symbol • Short video PSAs for cable TV and Web 7. Real estate professionals Informational flyers, handouts, brochures • Educational video • Use "Leak Ericson" as a mascot and symbol • Short video PSAs for cable TV and Web B. Inspectors (private and public) 0 Informational flyers, handouts, brochures • Educational video • Case studies of 1/1 problems in other parts of the US 9. Evaluation Techniques • Monitor reductions in peak flow • Measure number of requests to inspect sump pumps • Track number of cross -connections found and corrected 10. Updating the Communications Plan Staff should regularly review and update the communications plan as needed. Timeline/Calendar Notes for 2006 July 2006 • Cit News article August 2006 -- --- — ---- - -- September 2006 October 2006 November 2006 December 2006 Golden Valley Date: June 20, 2006 To: Environmental Commission Public Works 763.593.8030 / 763.593.3988 (fax) From: Jeff Oliver, PE, City Engineer Jeannine Clancy, Director of Public Works Subject: Proposed City Code Revisions to Chapter 3, Municipal and Public Utilities The Metropolitan Council Environmental Services (MCES), which provides trunk sanitary sewer collection and treatment services for the metro area, has determined that the City of Golden Valley is among the cities that periodically exceeds its maximum daily allowable sewer flow from the community. This excess flow, as well as excess flow from many other cities, overburdens the MCES collection and treatment system and can result in sanitary sewer overflows into the Mississippi River. As a result of the excess flows generated throughout the MCES system, an inflow/infiltration surcharge is being implemented to eliminate the excess flow. Under the currently proposed surcharge system, the City of Golden Valley will be charged approximately $350,000 (or greater, depending on the amount of infiltration) per year for peak flows above its allowable maximum daily discharge. The excess sanitary flow from Golden Valley is typically the result of inflow and infiltration of clear water (non -waste) into the sanitary sewer system. The recently completed Inflow and Infiltration Study (Short Elliott Hendrickson Inc., March 29, 2006) has identified illegal connections of clear water sources as the largest source of excess flow in Golden Valley. These discharge sources typically include sump pumps, roof leaders and foundation drains that are connected to the sanitary sewer system. In order to minimize flows of clear water to the sanitary sewer system, and minimize the surcharge to Golden Valley, the issue of illegal connections to the sewer system must be addressed. The existing City Ordinance, Chapter 3, of City Code, relating to municipal utilities does not clearly and specifically prohibit the discharge of clear water to the sanitary sewer system. In addition, the existing code does not provide authority or a mechanism for the City to inspect connections to the sanitary sewer system and order corrections to illegal discharges. Therefore, revisions to Chapter 3 of City Code have been proposed. Two versions of the proposed code revisions are attached. The first version includes GAProjects\Inflow and Infiltration\Code Revision\EC Memo 062006.doc underlining of proposed additions to the code and strikethFou of proposed deletions. The second version of the code is a "clean" copy of the proposed modifications. Highlights of the major changes being proposed to Chapter 3 are as follows: Definitions have been moved to the front of the chapter, and additional definitions have been added to address the proposed modifications. In addition, there have been other definitions added that will be needed for future planned code changes to address water supply and storm water drainage. It is anticipated that the modifications to Chapter 3 for these issues will be forwarded to the Council for consideration in the near future. 2. Section 3.04, Subdivision 1 has been modified slightly to allow more flexibility in the current utility billing process. Additional modifications to this subdivision and the billing portions of Section 3.20 will be made following budget discussions and when code changes are made to the water supply sections. 3. Section 3.04, Subdivision 3 has been modified to allow the City to discontinue municipal utility service if an owner refuses to allow inspection of connections to the sanitary sewer system, water meters or any other utility -related inspections. 4. Section 3.30 has been modified extensively to clearly and specifically prohibit sump pump, roof leader, foundation drain and other clear water discharge into the sanitary sewer system. This section also provides authority for the City to inspect connections to the sanitary sewer system and implement fees for failure to correct ordered modifications based upon these inspections. Please review the proposed changes to the City Code and be prepared for discussion at the June 26, 2006 meeting. CHAPTER 3 MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS SECTION 3.01. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meanings stated.- 4.1 tated: 4.1 "Consumer" and "Customer" mean any user of a utility. 2. "Draintile" means a subsurface drainage and conveyance system of clear water and around water into the storm sewer system. 3. "Interceptor Sewer" means that portion of the sanitary sewer system that extends outside of the City of Golden Valley and is owned, operated and maintained by the Metropolitan Council. 4. "Inspector" means any person duly authorized by the City, including the Building Official or representatives of the Department of Public Works, or companies under contract with the City to inspect connections to and enforce regulations relating tctoo the Dublic sanitary sewer. storm sewer or water distribution systems. 5. "Joint Water Commission (JWC)" means the commission established through a joint powers agreement between the cities of Golden Valley, Crystal and New Hope to provide potable water to customers in the three cities. 6. Minneapolis Water Works (MWW) means a municipal water system owned and operated by the City of Minneapolis. 72. "Municipal Utility" means any City -owned utility system, including, but not lmrn�T-qtien by limited to water, sanitary sewerage and storm sewerage service. way of 8. "Owner" means the person or entitv that owns or holds the title of a property served by a municipal utility_ 9. "Sanitary Sewer Svstem" includes all street lateral. main and intersecti sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a buildina or Dremises served. or service sewers from a buildina to the sanitary sewer main. 105. "Service" means providing a particular utility to a customer or consumer. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 26 11. "Sewage" means water -carried waste products from residences, public buildings, institutions or other buildings or premises including the excrement or other discharae from the bodies of human beinas or animals. 12. "Sewer Service Lateral" or "Service Lateral" means that portion of the sanitary sewer system that generally is perpendicular to the sewer main and extends from the sewer main to the structure being served. 13. "Sewer Main" means that portion of the sanitary sewer system that is owned, operated and maintained by the City. The City portion of the sanitary sewer system is typically within street rights-of-way or easements. 14. "Storm Sewer" means a subsurface drainaae facility that convevs storm water runoff and snow melt runoff into surface water bodies. 15. "Trunk Water main" means water mains larger than 12 inches in diameter that distribute water throuahout the distribution system and are owned by the JWC and maintained by the Citv 164. "Utility" means all utility services, whether the same be public, City - owned facilities, or furnished by public utility companies. 17. "Water main" means that Dortion of the Dotable water distribution system that is 12 inches in diameter and smaller, and is owned, operated and maintained by the City. 18. "Water Service" means that portion of the potable water system that is generally perpendicular to the water main that extends from the water main to the structure or group of structures being served. SECTION 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. All rates and charges for municipal utilities, including, but not limited to, rates for service, permit fees, deposits, surcharges, fines, connection and meter testing fees, disconnection fees, reconnection fees including penalties for non-payment if any, shall be fixed, cleteimmned and arneR by the Council and adopted by ordinance. resolUtieR. SUGh reselution, Gontaining the effective date thereef, shall be kept on file aR4- opeR tO iRspection on the OffiGe of the City Clerk and shall be uniformly enforced. Ffer the purpose ef fixing such rates and charges, the GE)URGil may Gateg ze and nlaSSify iinrdeF L the variouis types of seFViGe., PFOVided, that SUGh GategerizatiOR and GlassifffiGat'OR shall be 9 ncluded in the resolution author4zed 'Dy th,is Section. SECTION 3.03. CONTRACTUAL CONTENTS. Provisions of this Chapter relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 27 SECTION 3.04. RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES. Subdivision 1. Billing, Payment and Delinquency. Each customer shall be billed regularly for all municipal utilities. shall be billed ITIORthly or statement or statements shall he moiled to eaoh Gons„mer. All utilities Utility charges shall be delinquent if they are unpaid at the close of business on the due date shown on the bill 28th day of the month provided, t if the due date shown on the bill 28th day s#afl falls on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A uniform grace period may be set by the City Manager. A penalty shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Subdivision 2. Application, Connection and Sale of Service. Application for municipal utility services shall be made upon forms supplied by the City, and strictly in accordance therewith. No connection shall be made until the appropriate permits have GORSent has been received from the City. to make the same. All municipal utilities shall be sold and delivered to consumers at the current rates established by the City. under the then applicable rate applied to the am(Dunt of such utilities takeR as metered aSGertained in GORReGtinn with such rates Applications shall be granted, and permits issued, only to licensed master plumbers who have provided evidence of public liability insurance, including products liability coverage, with limits consistent with current City limits or statutory requirements, which ever is greater. of at least $50,000.00 per persenF damage.$100,000.00 PeF E)GGUrrenGe and $10,000.00 property Subdivision 3. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is found that: A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of this Chapter of the City Code, or; relative thereto or any onnneGtien therewith nr B. Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof, or, C. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges for these services, or, therefor. D. The owner, occupant or tenant of a premise served has denied entry for the purpose of repairing water meters or inspecting sump pumps, drains or other facilities. E. If the structure receiving service becomes uninhabitable for any reason. Subdivision 4. Ownership of Municipal Utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto, shall be G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC -)g and remain in the City or jointly with other municipal corporations or public bodies, and no person shall own any part or portion thereof, except for sewer service laterals, water services and draintile service stubs as contained in this ordinance referenced in this Chapter. Provided, however, that private faGilities and appurteRanceS Gc)nStFuGted OR private property are not intended to be included in muniGipal GWReFship. Subdivision 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any Inspector or City employee City employee acing within the�,��and GGGPe of said employe may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances, in or upon therewith,which private prGper-tY - ---Pal Utility, OF GGRReGtion , for the purpose of inspecting, repairing, reading, and exchanging meters, connecting or disconnecting a t4e municipal utility service. Subdivision 6. Meter Test. Whenever a consumer s#all requests that the City to test any utility meter they are currently using, the in-„ Gh^ m rte-Saoh a request shall be accompanied by a cash deposit in an amount to be fixed by the Council and adopted by ordinance for each meter to be tested. If the any such meter is found to be inaccurate the meter sane shall be replaced with an accurate meter and the deposit thereGR refunded. If the meter is shall be found to be accurate in its recordings or calculations it shall be reinstalled and the deposit shall be retained by the City to defray the cost of the testing. SUGh test. Subdivision 7. Unlawful Acts. A. It is unlawful for any person to WillfUlly OF Garelessly break, damage, -ar-,- deface, disturb, or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. B. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received a permit written permission to do so from the City. C. It is unlawful for any person to turn on or connect a utility when the utility same has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City. D. It is unlawful for any person to "jumper" tamper or circumvent, by any means or device fully or partially &GUM a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC -)y Subdivision 8. Municipal Utility Services and Charges a Lien. A. Payment for all municipal utility (as that form is defiRed in City Code, SeGtiOR 3.01) service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to the suGh owner unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the City of Golden Valley, Minnesota. The City may collect all charges, penalties and surcharges the sarne in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. A. B. Each sem# utility account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk of the City of Golden Valley, Minnesota, to the County Auditor, and the City Clerk in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. (Sections 3.05 through 3.19, inclusive, reserved for future expansion.) (Sections 3.21 through 3.29, inclusive, reserved for future expansion.) SECTION 3.30. RULES AND REGULATIONS RELATING TO SANITARY SEWERAG-E SERVICE. productsA. "Sewage" meaRS water carried waste ... . .. .. . .. the eXGrement or .. .. . plumbingfin—t-tials shall not inGlude inside or a part of a-- Z VHW5 71 V� �'f — '1__ - %lers fr9m a building to the street lateral. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San SWr06-Rev 062006.DOC 30 Subdivision 1 2. Metered Water Not Discharged. If a portion of the water furnished to any premises is consumed and not directly or indirectly discharged into the sanitary sewerage system, the consumer may request a separate water meter for the portion of the water consumed and not discharged in the sanitary sewer. There shall be no sanitary sewer charges associated with the water meter account for water consumed but not discharged to the sanitary sewer system. the n, ian+i+„ of S, �Gh ,mater shall he derJi,r++erJ n compUt.Rg the sewe'--- S-P"Ge Gharge or rental, provided a separate meter shall be installed and operated to register the quantity so not discharged iRtG the sewerage system. Provided also, that where it OS ROt praGticable to meteF the portion of the water not diSGharged intG the sewerage system, SUGh adjustment may be made as shall be fair and equitable in eFder to deteFmiRe the amount of such seFViGe Gharge OF FeRtal; but until SuGh- remain in f, ill fGFGe and effeGt Subdivision 2. 3. Deleterious Substances. Metropolitan Council Environmental Services standards shall control disposal of types of substances discharged. Subdivision 3-.A-. Unlawful Discharge. Except as otherwise expressly authorized in this subdivision. no water from anv roof surface, sump pump, footing tile or drains, swimming pool, any other natural precipitation or ground water, cooling water or industrial process shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require sump pumps or footing tiles or drains shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system except as provided herein. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building or structure or is connected to a city storm sewer or draintile. It shall consist of a rigid discharge line without valving or quick connections for alterinq the path of discharqe or a system otherwise approved by the Director or Public Works A. Any person, firm or corporation having a roof surface, groundwater sump pump, footing tile or drain, swimming pool, cooling water or unpolluted industrial process water now connected and/or discharging into the sanitary sewer system shall disconnect or remove the same. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective workmanlike manner with the proper permits and inspected by a representative of the City. If a city draintile or storm sewer system is available to the property, connection of said discharges to these systems shall be mandatory. B. Any property owner or consumer applying for a building permit variance minor subdivision or other action from the City shall agree to an inspection of the structures sump pump, footing or foundation drain discharge for compliance with this GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 31 code. Requested actions shall not be forwarded to City boards or commissions or the City Council for review until the discharaes are in full compliance with this section of Citv Code. C. Every person ownina improved real estate that discharges into the C sanitary sewer system shall allow the city or a designated representative of the city to inspect the buildings to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. D. All new structures with sumDs for which a building Dermit is issued shall have a pump and shall be piped to the outside of the dwelling, and connected to a city draintile or storm sewer system if available, before a certificate of occupancy is issued. E. Any property with a sump pump found not in compliance with this Code but subsequently verified as compliant shall be subject to an annual reinspection to confirm continued compliance. Any residential property found not to be in compliance upon reinspection or any person refusing to allow their property to be reinspected within 30 days after receipt of mailed written notice from the city of the reinspection, shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on every sewer bill. All properties found during any reinspection to have violated this section shall be subject to the $500 per month nonrefundable surcharge for all months between the two most recent inspections. The nonrefundable surcharge for all properties which are not sinale familv residential (or owners thereof) shall be $1,000 per month. Subdivision 4. Winter Discharge. The Director of Public Works is authorized to allow a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the Director of Public Works must verify one of the criteria to issue the permit has been satisfied. The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to the $500 monthly non-refundable surcharge in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The non -refundable - charge will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one of the following criteria in order to obtain a permit: A. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition, such as ice buildup or flooding , on either public or private property. B. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damaae to the sumD DumD unit or the footina or foundation drain and cause basement flooding. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 32 C. The water beina discharaed from the sump pump, footina or foundation drain cannot be readily discharged into a city draintile or storm sewer system or other acceptable drainage system. Following ten (10) days written notice and an opportunity to be heard, the Director of Public Works may require the owners of property to discharge their sump pump or footing or foundation drain into the sanitary sewer from November 15 to March 15 if the discharae is causing an icy condition on streets. Subdivision 5.Separate Connections. A separate sewerage service connection shall be provided for each building, except where one building stands at the rear of another on an interior lot and no such separate connection is available. Provided, that more than one service may be connected to the sewerage system through one connection where a manhole is provided and the City has specifically approved the arrangement. Subdivision 6.Materials. Where any pipe or other material is found in repairing a sewerage service which does not then meet the requirements of the State Building Code or current City standards and specifications, the non -conforming such pipe or ether material shall be removed and replaced at the expense of the consumer. repIaced. Subdivision 7. Elevation. Wherever possible, the sewerage service shall be brought to the building to be served at an elevation below the floor of the lowest level in the building. No such service shall be laid parallel to or within three feet of any bearing wall. The depth shall be sufficient to afford protection from frost. To the extent insofaras possible, the sewerage service shall be laid at uniform grade and in straight alignment. If the service is too low to afford gravity flow, an appropriate device shall be installed for lifting sewage to the service. Subdivision 8. Connections. Wherever possible, the sewerage service shall be connected to the wye provided or the stub at the lot line. If such connection cannot be used, the main may be tapped upon the approval of the City and at the expense of the owner. All connections must be constructed in accordance with the current City standards, be appropriately permitted, and be inspected by the City. Subdivision 9. Ownership of Sewer Service Lateral. The DroDerty owner shall own and be responsible for the maintenance of the sanitary sewer service lateral between the sanitary sewer main within the street, including the connection point, and the buildina beina served. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 33 411ir'sor.]d -sib .Ie_164.. .. . r �. • • r . • . . • • • • . . • • • __01111111001W1. u . . .. .. . • . • . .... • _ . • • 1�01e-Td. • u • • . .. r .WIN ffilow ~111 . • rMIMI• . ... Subdivision 11 a -A. Additional Rules and Regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the Director of Public Works, and uniformly enforced. (Sections 3.31 through 3.98, inclusive, reserved for future expansion.) SECTION 3.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Revision -San Swr06-Rev 062006.DOC 34 CHAPTER 3 MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS SECTION 3.01. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meanings stated: 1 "Consumer" and "Customer" mean any user of a utility. 2. "Draintile" means a subsurface drainage and conveyance system of clear water and ground water into the storm sewer system. 3. "Interceptor Sewer" means that portion of the sanitary sewer system that extends outside of the City of Golden Valley and is owned, operated and maintained by the Metropolitan Council. 4. "Inspector" means any person duly authorized by the City, including the Building Official or representatives of the Department of Public Works, or companies under contract with the City to inspect connections to and enforce regulations relating to the public sanitary sewer, storm sewer or water distribution systems. 5. "Joint Water Commission (JWC)" means the commission established through a joint powers agreement between the cities of Golden Valley, Crystal and New Hope to provide potable water to customers in the three cities. 6. Minneapolis Water Works (MWW) means a municipal water system owned and operated by the City of Minneapolis. 7. "Municipal Utility" means any City -owned utility system, including, but not limited to -water, sanitary sewer and storm sewer service. 8. "Owner" means the person or entity that owns or holds the title of a property served by a municipal utility. 9. "Sanitary Sewer System" includes all street lateral, main and intersecting sewers and structures by which sewage or industrial wastes are collected, transported, treated and disposed of; provided that this shall not include plumbing inside or a part of a building or premises served, or service sewers from a building to the sanitary sewer main. 10. "Service" means providing a particular utility to a customer or consumer. 11. "Sewage" means water -carried waste products from residences, public buildings, institutions or other buildings or premises, including the excrement or other discharge from the bodies of human beings or animals. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 26 12. "Sewer Service Lateral" or "Service Lateral" means that portion of the sanitary sewer system that generally is perpendicular to the sewer main and extends from the sewer main to the structure being served. 13. "Sewer Main" means that portion of the sanitary sewer system that is owned, operated and maintained by the City. The City portion of the sanitary sewer system is typically within street rights-of-way or easements. 14. "Storm Sewer" means a subsurface drainage facility that conveys storm water runoff and snow melt runoff into surface water bodies. 15. "Trunk Water main" means water mains larger than 12 inches in diameter that distribute water throughout the distribution system and are owned by the Joint Water Commission and maintained by the City. 16. "Utility" means all utility services, whether public, City -owned facilities, or furnished by public utility companies. 17. "Water main" means that portion of the potable water distribution system that is 12 inches in diameter and smaller, and is owned, operated and maintained by the City. 18. "Water Service" means that portion of the potable water system that is generally perpendicular to the water main that extends from the water main to the structure or group of structures being served. SECTION 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES. All rates and charges for municipal utilities, including, but not limited to, rates for service, permit fees, deposits, surcharges, fines, connection and meter testing fees, disconnection fees, reconnection fees including penalties for non-payment if any, shall be fixed by the Council and adopted by ordinance. SECTION 3.03. CONTRACTUAL CONTENTS. Provisions of this Chapter relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 27 SECTION 3.04. RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES. Subdivision 1. Billing, Payment and Delinquency. Each customer shall be billed regularly for all municipal utilities. All utility_charges shall be delinquent if they are unpaid at the close of business on the due date shown on the _bill. If the due date shown on the bill falls on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A uniform grace period may be set by the City Manager. A penalty shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for service and penalties. Subdivision 2. Application, Connection and Sale of Service. Application for municipal utility services shall be made upon forms supplied by the City, and strictly in accordance therewith. No connection shall be made until the appropriate permits have been received from the City. All municipal utilities shall be sold and delivered to consumers at the current rates established by the City. Applications shall be granted, and permits issued, only to licensed master plumbers who have provided evidence of public liability insurance, including product liability coverage, with limits consistent with current City limits or statutory requirements, which ever is greater. Subdivision 3. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is found that: A. The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of this Chapter of the City Code, or; B. Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof, or, C. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges. For these services, or, D. The owner, occupant or tenant of a premise served has denied entry for the purpose of repairing water meters or inspecting sump pumps, drains or other facilities. E. If the structure receiving service becomes uninhabitable for any reason. Subdivision 4. Ownership of Municipal Utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances, shall be and remain in the City or jointly with other municipal corporations or public bodies, and no person shall own any part or portion thereof, except for sewer service laterals, water services and draintile service stubs as contained in this ordinance referenced in this Chapter. GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC -�s Subdivision 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any Inspector or City employee may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances, for the purpose of inspecting, repairing, reading, and exchanging meters, connecting or disconnecting a municipal utility service. Subdivision 6. Meter Test. Whenever a consumer requests that the City test any utility meter they are currently using, the request shall be accompanied by a cash deposit, in an amount to be fixed by the Council and adopted by ordinance, for each meter to be tested. If the meter is found to be inaccurate the meter shall be replaced with an accurate meter and the deposit refunded. If the meter is found to be accurate in its recordings or calculations it shall be reinstalled and the deposit shall be retained by the City to defray the cost of the testing. Subdivision 7. Unlawful Acts. A. It is unlawful for any person to break, damage, deface, disturb, or in any way interfere with any building, attachment, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility. B. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received a permit -to do so from the City. C. It is unlawful for any person to turn on or connect a utility when the utility has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City. D. It is unlawful for any person to tamper or circumvent, by any means or device a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge. Subdivision 8. Municipal Utility Services and Charges a Lien. A. Payment for all municipal utility service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to the owner unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the City of Golden Valley, Minnesota. The City may collect all charges, penalties and surcharges in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. B. Each utility account is hereby made a lien upon the premises served. All such accounts which are more than forty-five days past due may, when authorized by resolution of the Council, be certified by the City Clerk of the City of Golden GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC -)q Valley, Minnesota, to the County Auditor, and the City Clerk in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. (Sections 3.05 through 3.19, inclusive, reserved for future expansion.) SECTION 3.30. RULES AND REGULATIONS RELATING TO SANITARY SEWERAGE SERVICE. Subdivision 1. Metered Water Not Discharged. If a portion of the water furnished to any premises is consumed and not directly or indirectly discharged into the sanitary sewer system, the consumer may request a separate water meter for the portion of the water consumed and not discharged in the sanitary sewer. There shall be no sanitary sewer charges associated with the water meter account for water consumed but not discharged to the sanitary sewer system. Subdivision 2. Deleterious Substances. Metropolitan Council Environmental Services standards shall control disposal of types of substances discharged. Subdivision 3. Unlawful Discharge. Except as otherwise expressly authorized in this subdivision, no water from any roof surface, sump pump, footing tile or drains, swimming pool, any other natural precipitation or ground water, cooling water or industrial process shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require sump pumps or footing tiles or drains shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building or structure, or is connected to a city storm sewer or draintile. It shall consist of a rigid discharge line without valving or quick connections for altering the path of discharge or a system otherwise approved by the Director or Public Works. A. Any person, firm or corporation having a roof surface, groundwater sump pump, footing tile or drain, swimming pool, cooling water or unpolluted industrial process water now connected and/or discharging into the sanitary sewer system shall disconnect or remove the same. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner with the proper permits and inspected by a representative of the City. If a city draintile or storm sewer system is available to the property, connection of said discharges to these systems shall be mandatory. B. Any property owner or consumer applying for a building permit, variance, minor subdivision or other action from the City shall agree to an inspection of the_ structures sump pump, footing or foundation drain discharge for compliance with this_ GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 30 code. Requested actions shall not be forwarded to City boards or commissions or the City Council for review until the discharges are in full compliance with this section of City Code. C. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow the city or a designated representative of the city to inspect the buildings to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. D. All new structures with sumps for which a building permit is issued shall have a pump and shall be piped to the outside of the dwelling, and connected to a city draintile or storm sewer system if available, before a certificate of occupancy is issued. E. Any property with a sump pump found not in compliance with this Code but subsequently verified as compliant shall be subject to an annual reinspection to confirm continued compliance. Any residential property found not to be in compliance upon reinspection, or any person refusing to allow their property to be reinspected within 30 days after receipt of mailed written notice from the city of the reinspection, shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on every sewer bill. All properties found during any reinspection to have violated this section shall be subject to the $500 per month nonrefundable surcharge for all months between the two most recent inspections. The nonrefundable surcharge for all properties which are not single family residential (or owners thereof) shall be $1,000 per month. Subdivision 4. Winter Discharge. The Director of Public Works is authorized to allow a property owner to discharge clear water into the sanitary sewer system. Prior to issuance of the permit the Director of Public Works must verify one of the criteria to issue the permit has been satisfied. The fee for this permit shall be in an amount to be fixed by the Council and adopted by ordinance. The permit shall authorize such discharge only from November 15 to March 15, shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to the $500 monthly non-refundable surcharge in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The non-refundable charge will commence with the April water billing and continue until the property owner establishes compliance with this section. A property owner is required to meet at least one of the following criteria in order to obtain a permit: A. The freezing of the discharge from the sump pump, footing or foundation drain is causing a dangerous condition, such as ice buildup or flooding , on either public or private property. B. The property owner has demonstrated that there is a danger that the sump pump, footing or foundation drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing or foundation drain and cause basement flooding. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 31 C. The water being discharged from the sump pump, footing or foundation drain cannot be readily discharged into a city draintile or storm sewer system or other acceptable drainage system. Following ten (10) days written notice and an opportunity to be heard, the Director of Public Works may require the owners of property to discharge their sump pump or footing or foundation drain into the sanitary sewer from November 15 to March 15 if the discharge is causing an icy condition on streets. Subdivision 5.Separate Connections. A separate sewer service connection shall be provided for each building, except where one building stands at the rear of another on an interior lot and no such separate connection is available. Provided, that more than one service may be connected to the sewer system through one connection where a manhole is provided and the City has specifically approved the arrangement. Subdivision 6.Materials. Where any pipe or other material is found in repairing a sewerage service which does not then meet the requirements of the State Building Code or current City standards and specifications, the non -conforming pipe or material shall be removed and replaced at the expense of the consumer. Subdivision 7. Elevation. Wherever possible, the sewer service shall be brought to the building to be served at an elevation below the floor of the lowest level in the building. No such service shall be laid parallel to or within three feet of any bearing wall. The depth shall be sufficient to afford protection from frost. To the extent possible, the sewer service shall be laid at uniform grade and in straight alignment. If the service is too low to afford gravity flow, an appropriate device shall be installed for lifting sewage to the service. Subdivision 8. Connections. Wherever possible, the sewer service shall be connected to the wye provided or the stub at the lot line. If such connection cannot be used, the main may be tapped upon the approval of the City and at the expense of the owner. All connections must be constructed in accordance with the current City standards, be appropriately permitted, and be inspected by the City. Subdivision 9. Ownership of Sewer Service Lateral. The property owner shall own and be responsible for the maintenance of the sanitary sewer service lateral between the sanitary sewer main within the street, including the connection point, and the building being served. Subdivision 10. Unmetered Water Supply. The discharge of sewage into the sewer system from water sources other than the city's water supply is prohibited without a permit from the City and shall include metering of the water supply or discharge. The metered supply or discharge must use meters purchased from the City. Subdivision 11. Additional Rules and Regulations. The Council may, by resolution, adopt such additional rules and regulations relating to placement, size and type GAProjects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 32 of equipment as it, in its discretion, deems necessary or desirable. Copies of such additional rules and regulations shall be kept on file in the office of the Director of Public Works, and uniformly enforced. (Sections 3.31 through 3.98, inclusive, reserved for future expansion.) SECTION 3.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. G:\Projects\Inflow and Infiltration\Code Revision\Ch 3 Clean 062006.DOC 33 Valley Open Space & Recreation Commission Park Tour Agenda Brookview Community Center Monday, June 26, 2006 5:15 p.m. I. Call to Order II. Roll Call Roger Bergman Kelly Kuebelbeck Jerry Sandler, Chair IV W Agenda Changes or Additions Chuck Cahill Bob Mattison Jim Vaughan, Vice Chair Approval of Minutes — May 22, 2006 Park & Open Space Tour General Mills Headquarters Nature Preserve Golden Oaks Park Lakeview Park General Mills Research Nature Area Medley Park Wesley Park Hampshire Park Wildwood Park/Olson School Pennsylvania Woods Honeywell Little League Area Sandburg Ball fields St. Croix Park/Bassett Creek Trail Scheid Park Briarwood/Unity Ave. Trail/Minnagua Pond Area Gearty Park Stockman Park Rice Lake Trail Mary Hills Nature Area Schaper Natchez Park Davis Community Center Lions Park Western Avenue Marsh Brookview Park VI. Adjournment Jim Johnson Roger McConico Tom Zins tN' `oldenVallev OPEN SPACE & RECREATION COMMISSION Meeting Minutes Brookview Community Center Monday, May 22, 2006 7:00 PM I. CALL TO ORDER Sandler called the meeting to order at 7:00 p.m. II. ROLL CALL Present: Roger Bergman, Jim Johnson, Kelly Kuebelbeck, Bob Mattison, Roger McConico, Jerry Sandler, Jim Vaughan, Tom Zins, Rick Jacobson, Director of Parks and Recreation; Jeanne Fackler, Senior Coordinator; Brian Erickson, Recreation Supervisor; Sue Cook, Recreation Supervisor; Sheila Van Sloun, Administrative Assistant; Cheryl Dando, Golden Valley resident and Cliff Levy, Golden Valley resident. Absent: Chuck Cahil I AGENDA CHANGES OR ADDITIONS None. APPROVAL OF MINUTES — April 24, 2006 MOTION: Moved by Vaughan and seconded by Kuebelbeck to approve the minutes of the April 24th meeting. Motion carried unanimously. PARK AND RECREATION FACILITY STUDY A. Subcommittee Work Sessions Subcommittees broke up for discussion. After, they reconvened for large group discussion. Sandler explained that four park meetings will be taking place for residents to view maps, ask questions and give input. The meetings will be scheduled from 5:00-6:30 p.m. on Tuesday, August 8`h at Brookview Large Shelter; Tuesday, August 10th at Hampshire; Tuesday, September 21" at Scheid and Tuesday, September 26th at Wesley. Discussion then focused on the idea of creating a postcard for mailing to advertise the park meetings. Kuebelbeck discussed the citizen survey and explained the idea of having a long survey and possibly a short version. She said the survey will be available for residents at the park meetings as well as on-line. Discussion then focused on details for the survey. Mattison added the survey should include questions pertaining to athletic facilities at the parks and should be sent to Athletic Association governing bodies for their input. The Commission then discussed details for advertising the Park and Recreation Facility Study in the City Newsletter. Information will include open houses, citizen survey details and timelines. /1. REVIEW ANNUAL REPORT Sandler explained the Council is requesting each of the Commissions prepare an annual report and present it to them. Sandler distributed the annual report he had prepared and asked for input from the Commission. Sandler will be presenting the annual report to the Council at a future City Council meeting. VII. GOLDEN OAKS BACKSTOP Jacobson explained he received a call from a resident with property adjacent to the Golden Oaks ball field backstop. The resident said they occasionally have balls in their yard during ball field use. The resident put a new fence along their property line, which runs parallel with the backstop. When balls land in their yard, some field users are climbing the fence to retrieve them, causing damage to it. The resident wanted to know if there was anything the City could do. Jacobson explained he had a couple of conversations with the neighbor and talked over some options, including staff getting an estimate for installing a hood on the backstop. VIII. CAPITOL IMPROVEMENT PLAN Jacobson distributed the 2006-2010 Capitol Improvement Plan and reviewed the items. He then discussed the Park Facility Inventory Study, which most of the funds budgeted for this year will go toward the citywide survey. Sandler talked about sending a postcard to residents advertising the open houses. Sandler wanted to know if funds would be available for miscellaneous needs for the Park and Recreation Facility Study. Jacobson answered they could be made available. IX. OLD BUSINESS A. Deer Task Force update Vaughan said that at their last meeting, Brian Lueth, DNR Urban Wildlife Manager and John Moriarty, Natural Resource Specialist from Ramsey County attended and gave a presentation about the urban deer population and how the DNR could be involved. They also discussed the growing number of deer in Golden Valley and how other communities are handling their deer populations. The Deer Task Force will be hosting a public comment and informational meeting on July 13`' at 7:00 p.m. at Brookview. B. Regional Trail Update No new information to report. X. ADJOURNMENT MOTION: Moved by McConico and seconded by Zins to adjourn at 9:00 p.m. Motion carried unanimously.