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2006-08-28 Jt Mtg Agenda PacketAGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION AND PLANNING COMMISSION Joint Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room Monday, August 28, 2006 6:00 PM Joint Meeting I. Lighting Plan/Ordinance (Attachments) Individual Commissions Adiourn to Separate Rooms I. Call to Order II. Approval of Minutes — June 26, 2006 (Attachment) III. Results of Trash Receptacle Inventory (Attachments) IV. Publicly Acknowledge, Recognize and Thank Tracy Pharr for her Service to the Environmental Commission V. Inflow and Infiltration A. Municipal Utility Code Revisions (Attachments) B. Communications Plan (Attachment) C. Response to MCES regarding Surcharge VI. Program/Project Updates — A. Sunnyridge Lane Soil Contaminants B. Three Rivers Park District Trail (Regional Bicycle Plan) C. Ad Hoc Deer Task Force D. Lighting Plan/Ordinance E. Proposed Developments 1. LOGIS 2. Miner/Olympic Printing Site (Attachment) 3. Duke Development/St. Louis Park/AUAR F. Open Space & Recreation Commission Minutes — June 26, 2006 (Receive and File) GAEnvironmental Commission\Agendas\2006\082806.doc VII. Commission Member Council Reports VIII. Other Business IX. Adjourn Date: August 21, 2006 n� ire t t: o r a n d u Planning 763-593-8095 / 763-593-8109 (fax) To: Golden Valley Environmental and Planning Commissions From: Aaron Hanauer, Planning Intern Subject: Outdoor Lighting Ordinance Summary This memo contains a draft outdoor lighting ordinance to be reviewed by the Environmental and Planning Commissions at the August 28, joint meeting. The draft ordinance, which incorporates input from the March 27, Joint Planning and Environmental Commission meeting (March 27 Summary below), would create outdoor lighting standards for private property. To help understand the technical information and proposed standards, the attached document includes illustrations, explanations, and research information within the proposed ordinance. If you have questions prior to the August 28 meeting, please feel free to call. March 27 Joint Environmental and Planning Commission Meeting Summary Selected Meeting Minutes Strong agreement on the following: Ensure safety is not sacrificed Implement restrictions on uplighting (exception flag poles and perhaps lighting that shines completely onto building) Allow athletic events and venues to have some protection from ordinance Survey Results Nine of the 12 members completed surveys that asked what Commission members want addressed in an outdoor lighting ordinance. Below are the compiled results. Rank the outdoor lighting issues in order of importance (Top 4) 1. Overillumination 2. Wasted energy 3. Up lighting/sky glow 4. Height of poles 2. What zoning districts do you want addressed in the ordinance • All zoning districts 44 % • All zoning districts excluding low density residential 44% • Commercial only 11% Attachment: Draft Outdoor Lighting Ordinance (19 pages) outdoor Lit4.41111 Standards 0 INGOldclValicy Draft outdoor lighting ordinance for Planning and Environmental Commission review Outdoor Liahtinp- Ordinance (Section 11.73) Table of Contents Subdivision 1. Purpose. 4 Subdivision 2. Definitions. 4 Subdivision 3. Applicability. 7 Subdivision 4. Prohibited Lights. 7 Subdivision 5. Method of Measurement. 8 Subdivision 6. Nonconformities and Nuisance. 8 Subdivision 7. Lighting Plan Requirements. 8 Subdivision 8. Requirements for Residential (R1 and R2) Zoning Districts. 9 Subdivision 9. General Requirements for other zoning districts (Non R -I and R-2 Proper ties). 10 Subdivision 10. Specific Requirements for Parking Lot Lighting. 11 Subdivision 11. Specific Requirements for Service Stations. 14 Subdivision 12. Specific Requirements for Auto Sales Areas. 14 Subdivision 13. Requirements for Uplighting and Accent Lighting. 18 Subdivision 14. Temporary Lighting. 18 Figures Figure 1. Cutoff Angle Illustrations 5 Figure 2. Light meter readings in GoldenValley 6 Figure 3. Fixture Shielding 7 Figure 4. ParkingLot Photometric Plan Proposed Basic Level Figure 5. Parking Lot Photometric Plan Proposed Enhanced Level Figure 6. Service Station Proposed Lighting Level Illustration. Figure 7. Auto Dealership Photometric: Rudy Luther 17 Figure 8. Auto Dealership Photometric: Carousel 18 Notes Note 1. Importance of Uniformity Ratio 7 Note 2. Parking lot lighting level explanation. 12 Note 3. Service station lighting level explanation. 15 Note 4. Autodealerhsip lighting explanation 15 13 14 16 Figurel Cutoff Angle Illustrations Subdivision 1. Purpose. The purpose of these regulations is to create standards for outdoor lighting which will provide for nighttime safety, security and utility while reducing light pollution, light trespass, and conserving energy for residential and non- residential properties. Subdivision 2. Definitions. For the purpose of this Section the following terms shall have the meanings given. A. "Cutoff' — The point at which all light rays emitted by a lamp, light source, or luminary is completely eliminated (cutoff) at a specific angle above the ground. B. "Cutoff Angle" — The maximum angle formed by a line drawn in the direc- tion of emitted light rays at the light source and a line perpendicular to the ground from the light source. Cutoff Ansoe of 94 " cmnff .angle oW 0 lie -Cutoff la mlaake C. "Flood Lighting" —Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction with a wide or narrow beam. D. "Footcandle" — The American unit used to measure the total amount of light cast on a surface (illuminance). One (1) footcandle is equivalent to the illuminance produced by a source of one (1) candle at a distance of one (1) foot (See Figure 2 for footcandle measure- ments in Golden Valley. ) E. "Full Cutoff -Type Luminary"—A luminary constructed or shielded to direct all light at a cutoff angle of less than 90 degrees. F. "Fully Shielded" — The luminary designed and installed where no light is emit- ted at or above a horizontal plane running through the lowest point on the luminary. G. "Glare" — Direct light emitted from a light source which causes eye discomfort. Page - Figure 2. Light meter readings in GoldenValley Page 6 UgM JlM& ReadhW on YLOe and PrNalb FlmperV Location Where Measured Footcandles Car Dealerships Crorsel Frmd row 73 Rudy L.uRKr Frord roti 49S Co nrnercral aV_ [:bnwr ons Under Doublp 123 fdenaffds Under srIe Trmh Shoppng (krdor underioor heed 3,5 ErdnUER 31 Fast Food mcc umids Under 4ngle 30 Tem 9d1 Under double atdriw thnu%4jh 17.1 Wends under double 17.1 Public Uses4m6tubons Break Under double Q75 CHH "a end F'aice Sirl;m Under single 3,5 Underdorbte 3.7 Gilden "k LuHwan Di rch urrderdouble dLSB FznA Sean. LiUtrl Under s4e 1.9 Puss Ofiee Under DorbAe 133 sheetwd Under H S 25D Bret 2.$ Across Hie sbml Q.fi Office Ferre Fig Unrkr do bie 23 Genre 11� Under single 1-2 Gaklen Fiffs Underdorble 12Jd YV- th Q..s,ivess QrJor Under sidle 1_12 Restarxanfs Perthes 55 U nder derbie 1.7 Pas6 138# Under doable 3 Servk-e Stations BP under Canopy 37 SWerAma® 384 28 I H. "IESNA (Illuminating Engineering Society of North America (IES or IES - NA))" — The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting. I. "Lamp" — The generic term for an artificial light source, to be distinguished from the whole assembly (the Luminary). The lamp is commonly referred to as the "bulb". J. "Light Pollution" — The shining of light produced by a luminary above the height of the luminary and into the sky. K. "Light Trespass" — The shining of light produced by a luminary beyond the boundaries of the property on which it is located. L. "Lumen' —A quantitative unit measuring the amount of light emitted from a light source. M. "Luminary" — A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to be powered. A luminary is commonly referred to as a "fixture." N. "Partially shielded" — The condition where the luminary incorporates a trans- lucent barrier, "partial shield," around the lamp that allows some light to pass through the barrier while concealing the lamp from the viewer. O. "Shielded(ing)" — When the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where the light is emitted. The bulb is not visible with a shielded light fixture, and no light is emitted from the sides of the fix- ture. Also considered a "full cut-off fixture." Figure Fully Shielded Fixture 3. Fixture Shielding Partially Shielded Fixture Unshielded Fixture P. "Uniformity Ratio' — A description of the smoothness of the lighting pattern or the degree of intensity of light and dark areas in the area to be lighted. Uniformity is expressed as a ratio such of the maximum footcandle measurement to minimum footcandle measurement. The lower the ratio the more uniform the lighting design. Note 1. niform lighting is often more important t—fin tie amount of lighting when establishing the Importance ense of a safe, well -lit area. Non-uniform lighting can reduce visibility with the presence of of Uniformity ark spots and shadows. Ratio Q. "Uplighting" — Lighting that is directed in such a manner as to shine light rays above the horizontal plane. R. "Wallpacks"— A light fixture that mounts on the wall. Page - Subdivision 3. Applicability. A. Except as otherwise provided, the lighting standards of this Section shall be applicable to all residential and non-residential uses. B. The regulations in this Section do not apply to the following: eral or state agency. 1. Lighting required by the Federal Aviation Administration or other fed - 2. Public right-of-way lighting. 3. Temporary lighting for authorized special events, theatrical, television, and performance areas. 4. Lighting of public and existing outdoor recreational facilities, such as but not �imited to ball fields, tennis courts, soccer fields, hockey or skating rinks, golf courses, golf -ball driving ranges, and special events or play areas. Lighting for these outdoor recreational uses shall be shielded to minimize light from spilling over onto adjacent residential properties. Public recreational facility lighting is prohibited after 10:30 pm, unless a later completion time is approved by the City Manager, or his/her designee. 5. Lighting within swimming pools. 6. Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure. 7. Vehicular lights and all temporary emergency lighting needed by the police department and fire protection district, or other emergency services. 8. Sign lighting which is governed by Section 4.20 of City Code. 9. Decorative Seasonal Lighting. Subdivision 4. Prohibited Lights. A. The following lights are prohibited: 1. Mercury Vapor lamps. 2. Low pressure sodium. Low Pressure Sodium lights are prohibited unless the City Manager or his/her designee finds that the color distortion effect of low pressure sodium lighting will not create a hindrance to crime prevention and investigation. 3. Lighting fixtures mounted to aim light only toward a property line. Page - 8 Subdivision 5. Method of Measurement. A. Any light measurements shall be taken with a light meter with cosine, color correction. Measurements shall be taken with a light meter that has been calibrated within the year. Any measurements shall be measured by positioning the meter horizontally at finished grade (ground level). B. Any light measurement taken at the property line shall be measured at the greatest point of illumination of said property line. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. C. Any light measurements to determine the minimum and maximum lighting levels internal to a site will be taken at the greatest and least points of artificial illumination. Subdivision 6. Nonconformities and Nuisance. A. Any new outdoor lighting installed after the effective date of this ordinance shall comply with the requirements of this Section. Lighting in existence before the effective date of this ordinance that does not comply with the requirements hereof shall be considered legally non -conforming to the extent provided by the terms of Section 11.90, subd. 2. B. Any nonconforming luminary which is injurious to health, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoy- ment of life or property is hereby declared to be a nuisance. Evidence that a nonconforming luminary directs glare to other private property located in a residential zoning district at a level of illumination caused by the luminary equal to or greater than 0.5 footcandles on the other private property creates a presumption that it is a public nuisance. Such fixtures shall be altered to re- duce the level of illumination in the residential zoning district to less than 0.3 footcandles within 30 days of receiving a written notice from the City Manager or his/her designee. If the owner or occupier of the property containing the nuisance fails to correct the level of illumination within such 30 day period, such failure to correct shall be deemed to be a continuing violation of this section. Subdivision 7. Lighting Plan Requirements. An outdoor lighting (photometric) plan shall be submitted in conjunction with application for any non R-1 or R-2 development for review by the City. No building permits shall be issued for, nor construction commenced of, any multiple -dwelling or nonresidential development until a photo- metric plan has been submitted to the City and approved by the City as being consistent with the terms of this Section. A photometric plan shall include the following: A. The location and height above grade of each light fixture. Page-- B. The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source with points no greater than 30 feet apart. C. The type of fixture (such as floodlight, full -cutoff, lantern, coach light). D. Estimates for site illumination resulting from the lighting, as measured in foot- candlesb should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process. E. Hours of illumination. F. Certification by the property owner or agent and the preparer of the plan that the extgrior lighting depicted on the plan complies with the requirements of this Section. Once the plan is approved, the exterior lighting of the property shall conform to the plan. G. Other information deemed necessary may also be required by the City Man- ager or his/her designee to document compliance with the provisions of this Section. H. If deemed necessary, the City may require the applicant's outdoor lighting plan to be reviewed by a lighting consultant at the applicant's expense. Subdivision 8. Requirements for Residential (R1 and R2) Zoning Districts. The provisions in this Subdivision apply to the R1 and R2 Zoning Districts. A. Lighting Levels. The maximum power of any light source shall be 150 watts. B. Light Trespass. All outdoor lighting shall be designed and located such that the rnaximum illumination shall not exceed 0.3 footcandles at the property line. C. Security Lights. Motion activated security lights and unshielded floodlights or spotlights are permitted. However they must be mounted and aimed in a manner that minimizes up -lighting, glare, and meet the light trespass requirements of Section 8B. Page - 10 Subdivision 9. General Requirements for other zoning districts (Non R-1 and R-2 Proper- ties). The following provisions apply in all areas except for R1 and R2 zoning districts. A. Lighting Fixtures. All exterior lighting shall use full cut-off luminaries with the light source downcast and fully shielded, with the following exceptions: 1. Luminaries that have a maximum output of four hundred (400) lumens per fixture, regardless of number of lamps (equal to one forty [40] watt incandescent light), may be left unshielded provided if the luminary has an opaque top and is under an opaque structure. 2. Luminaries that have a maximum output of one thousand (1,000) lu- mens per fixture, regardless of number of lamps (equal to one sixty [60] watt incandescent light) may be partially shielded provided the lamp is not visible, and the luminary has an opaque top or is under an opaque structure. 3. If the design of an area suggests the use of parking lot lighting fixtures or building fixtures that are of a particular architectural style, the City Manager or his/her desig- nee may permit alternatives to full -cut off fixtures. The developer shall demonstrate that unde- sirable off-site impacts stemming from these light sources are reduced by the fixture design or location of the lighting fixture. 4. Uplighting/Accent Lighting described in Subdivision 13A. B. Light Trespass. Outdoor lighting shall be designed and located such that the maximum illumination shall not exceed 0.5 footcandles at the property line. C. Mounting Height. For the purpose of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture. 1. Free-standing luminaries used for driveways, parking, and transit are permitted to be a maximum of thirty (30) feet in height. If a raised foundation is required in parking areas to protect the poles from automobile front bumpers, the raised foundation and pole may not exceed thirty-three 33 feet. 2. When a luminary is located within five hundred 500 feet of an R1 or R2 residential property, the maximum permitted luminary height, including base, shall be twenty- five (25) feet. 3. Exceptions for pole heights. The top exterior deck of parking garages shall be treated as normal pole mounted lighting rather than as lights mounted to buildings. The maximum height for light poles shall be twenty (20) feet. 4. Free-standing luminaries used for walkways, plazas and other pedes- trian areas are permitted to be a maximum of eighteen (18) feet. Page - 17 I D. Timer, Dimmers, and Sensors. Wherever practicable, lighting installation shall include timers, dimmers, and/or sensors to reduce overall energy consumption and eliminate un- needed lighting. E. Curfew. Lighting systems for non R -I and R-2 properties shall be extinguished or reduced in lighting by at least fifty (50) percent beginning one hour after close of business and continuing until dawn or start of business, whichever is sooner. The reduction shall be deter- mined 's an overall average for the site. Given that a certain minimum lighting level is recom- menZ for safety and security purposes, this provision does not require parking lot lighting levels to be reduced to less than 0.2 footcandles. Subdivision 10. Specific Requirements for Parking Lot Lighting. The following specific lighting level requirements apply only to parking lot lighting. A. Open-air parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets. B. For multilevel parking facilities, the roof level shall be considered an open-air parking lot. C. Open-air parking lot lighting standards. The table below establishes open-air parking lot lighting standards. *The City Manager or his/her designee may increase from Basic to Enhanced Security light- ing levels, when personal security is an issue, such as where the parking facility is used during all hours of the day and night, where special security needs exist, or where vandalism or crime levels are greater than the average. The City Manager or his/her designee may consider specific site characteristics, level of vehicle and pedestrian conflict, special security needs, and history or likelihood of crimes in making its determination. Note 2. Figure 4 and 5 provide examples of how two developments would fair under the proposed Parking lot parking lot lighting standards. Figure 4 shows compliance levels based on the basic level lighting level requirements, and Figure 5 illustrates compliance levels with the enhanced security level explanation. requirements. Figure 5 also shows light trespass levels, which is a requirement of the pro- posed ordinance. Page - 12 Basic Level Enhanced Secuhty Level' Nrimm lloo mmles an pwimment 0-2 fic 0_5 fc Nbximim foolk2ndes on 4-0 ft< 7,5 fc Urilormity Ratio NUAmi t_ nkirnr.rin 213=1 15.1 *The City Manager or his/her designee may increase from Basic to Enhanced Security light- ing levels, when personal security is an issue, such as where the parking facility is used during all hours of the day and night, where special security needs exist, or where vandalism or crime levels are greater than the average. The City Manager or his/her designee may consider specific site characteristics, level of vehicle and pedestrian conflict, special security needs, and history or likelihood of crimes in making its determination. Note 2. Figure 4 and 5 provide examples of how two developments would fair under the proposed Parking lot parking lot lighting standards. Figure 4 shows compliance levels based on the basic level lighting level requirements, and Figure 5 illustrates compliance levels with the enhanced security level explanation. requirements. Figure 5 also shows light trespass levels, which is a requirement of the pro- posed ordinance. Page - 12 Figure 4. ParkingLot Photometric Plan Pro- posed Basic Level C; c; .6 .6 ..1; .1z A'.2 d.- 41— QI; c-; .6 C5 4M .6 C �c 14 . . . . ..... . . . O & . . . . . . . Compliance PFOjOd P4TrKww GUVMXffd GNM* Non-compliance Drives'Ind Parking Average Maximum Minimum AveragelMin LUX/Min 1.55 5-a 05 3-1 112 Fage -77 Figure 5. Parking Lot Photometric Plan P; posed l hanced Compliance F777-1 Non-compliance i --i Light Trespass Page - 14 Project New Sam's Club (Saint Louis Park) Drives and Parking Average Maximum Minimum Average/Min Max/Min 1.3 15.5 0.2' 6.5 77.5 Note': Actual minimum is 0 Subdivision 11. Specific Requirements for Service Stations. The following specific requirements apply only to service stations: Note 3. Ser- Service stations often have some of the righest outdoor lighting levels. The high lighting vice station lighting levels are beyond what is needed to see well, or to provide a safe and secure environ - lighting level ment. The proporsed standards for this ordinance are taken from other communities that have explanation. a comprehensive outdoor lighting ordinance and permit service stations to have greater outdoor ,,lighting levels than parking lots. Figure 6 provides an illustration of the proposed standards. A. Canopy Lighting. 1. Lighting fixtures mounted under canopies used for vehicle shelter shall be aimed downward and installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cutoff light fixture may project below the underside of a canopy. All light emitted by an under -canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. 2. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides (fascias) of the canopy shall not be illuminated. 3. Light levels shall not exceed twelve (12) footcandles average main- tained at the perimeter of the canopy and measured at ground level. B. The minimum illumination beyond the perimeter of the canopy shall be one (1) footcandle and no more than five (5) footcandles. At the discretion of the City Manager or his/her designee, increased lighting levels may be permitted for enhanced security purposes only. Note 4. Subdivision 12. Specific Requirements for Auto Sales Areas. Autodealerh- A uto dealerships, like service stations, often have some of the highest outdoor lighting levels. sip lighting Similar to service stations, auto dealership lighting levels are sometimes argued on the basis of explanation enhanced security. However, as Figure 6 and 7 illustrate, the highest outdoor lighting levels are �on the perimeter of the lot which is for advertisement purposes. Due to auto dealerships' unique 'circumstances of having most of their retail environment outdoors, the proposed standards al- low auto dealerships greater amounts of light and higher uniformity ratio. The following specific requirements apply only to auto sales areas: A. Lighting Levels. Lighting levels shall not exceed a maximum of twenty (20) footcandles any- where within an auto sales area. B. Light Uniformity. The maximum uniformity ratio (maximum illumination to minimum illumi- nation) throughout an auto sales area shall not exceed 30:1. Page - 15 rIg" ic v. Service Sta- tion Proposed Lighting LevelIllus- tration. 0 E Page - 16 SITE LIGHTING LOCATIONS Outdoor Lighting - Canopies for Gas and Convenience Stores ROADWAY A r---------------1 I � i I A i': :: i A L # A CAS STATION OR CONVENIENCE STORE own of uary A LESS THAN OR EQUAL TO 12 FC (average maintained under canopy) REF SEC: REVISED: DETAIL NO: LG -2 anuai LTG -5 - -a --- - - Auto Deal- ership Pho- tometric: Rudv Luther Compliance Non-compliance 1 pmkild RWY i LORY %O& Drives and Parking Average Maximum Minimum AveragelMin #AaxlMin U 'rm 49.8 02 tk*,rn 249 Page 77 Figure 8. Auto Deal- ership Pho- tometric: Carousel Page - IS 0 Compliance MOO'd CmMular/kAb a I 1 Drives and Parking Average Maximum Minimum AveragelMin Max/Min Non-compliance U km 73 13 Uhki3wn 5 Subdivision 13. Requirements for Uplighting and Accent Lighting. A. Uplighting/Accent lighting. 1. Architecture features may be illuminated by uplighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. 2. For statues, public art, or other objects of interest that cannot be illumi- nated with downlighting, upward lighting may only be used in the form of confining the illumi- nation to the object of interest. 3. Uplighting of flags is permitted with a limit of two (2) fixtures per flag pole with a maximum of one hundred and fifty (150) watts each. The fixtures must be shielded such that the point source is not visible outside of a fifteen (15) foot radius. Subdivision 14. Temporary Lighting. A. Lighting used to illuminate temporary uses shall be reviewed, and if necessary conditioned, through the Temporary Use Permitting process. B. The City Manager or his/her designee may impose specific conditions for the lighting of temporary uses consistent with the purposes of this section. Page - 19 GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes June 26, 2006 Present: Commissioners Tracy Anderson; Richard Baker; Dawn Hill; Christopher Kaisershot; Jon Pawluk; Siah St. Clair; Mauno Silpala; City Staff: Jeannine Clancy, Director of Public Works; Al Lundstrom, Environmental Coordinator; Jeff Oliver, City Engineer; Deb Somers, Administrative Assistant I. Call to Order Pawluk called the meeting to order at 7:01 pm. Pawluk welcomed Deb Somers to the Commission as the minute taker. II. Approval of Minutes — May 22, 2006 No changes. MOVED by St. Clair, seconded by Silpala, and the motion carried unanimously to approve the minutes of the May 22, 2006 meeting as submitted. III. Nature Area Locations of Trash Receptacles (attachment, for review) Clancy and Kaisershot attended the June 13, 2006 Council/Manager meeting. The Council asked staff to verify all the locations of the existing nature area trash receptacles and do a quick study of the volume of trash. They also requested information about the City's Adopt -A -Park procedures and if staff felt the volunteers who have adopted parks would be willing to clean the parks more often. The issue regarding the possibility of more receptacles will be discussed further during the budgeting process. Clancy said the one additional maintenance employee requested was not recommended for inclusion in the budget by the City Manager. She added that a budget memo has been prepared that will be forwarded to the City Council. Two years ago two employees were cut from the Public Works Department. Baker asked if the City Manager explained his thought process for the denial. Clancy replied his concern was related to limited tax increases, which would be at 9% if all requests were approved. Pawluk asked if using additional seasonal staff to empty an increased number of trash receptacles was an option. Clancy replied that the City's heaviest use of parks is often during the spring and fall which is when seasonal staff, consisting of college students, is unavailable. College students are not available until late May and often leave in Environmental Commission Minutes June 26, 2006 Page 2 of 10 September to go back to school. Staff typically uses college students because they have a driver's license and because of the supervision issues. Kaisershot asked if with what the Commission is proposing requires additional staffing but the City Manager is not recommending additional staff, it sounds like the proposal will be dead on arrival once it gets to the City Council if the City does not have the staff to do it. Clancy explained that two things were going on; the Council is considering the Environmental Commission's request, and staff also put in a request to have one out of two staff positions lost two years ago filled. It would be very difficult to take on a new maintenance activity unless that full time position is funded. Public Works Maintenance Division is short 4,160 hours of work that needs to be done. Lundstrom said maintenance work is not status quo each year. With the addition of such projects as medians with plantings being added maintenance loads automatically increase just with the development of the infrastructure around City Hall. Staff would like to increase service levels, but it is a challenge. Kaisershot asked if the map attached to the agenda was the same map the Commission saw previously; Clancy confirmed it was. Kaisershot asked who ran the Adopt -A -Park program. Clancy advised the program is managed by the Park & Recreation Department. Volunteers are expected to pick up the parks twice per year. Kaisershot mentioned there was talk of increasing that to three times per year, while that would be nice, he felt it would not have that dramatic of an effect. At the Council/Manager meeting, Kaisershot told the Council that the Commission certainly was not married to any of the potential trash locations. The 24 locations on the map represented prime locations for additional trash receptacles if money was no object. Council asked staff do an inventory to find out what was being disposed of in each receptacle and where the Commission would specifically recommend receptacles be placed. Clancy advised that the first budget meeting is on the July 11 Council/Manager meeting and staff would report back to the Commission in August. IV. Commission's Annual Report Presentation to Council (report by Baker) Baker reported that there were no questions. Council Member Pentel thanked the Environmental Commission for their work. V. 1/1 Comprehensive Communications Plan (for review and feedback) Staff brought the Communications Plan for Inflow and Infiltration (1/1) back to the Commission for discussion. Clancy provided an overview of the proposed changes included in the revised Communications Plan attached to the agenda. Clancy believes the businesses are probably pretty heavy contributors to 1/1 and the City is not going to be able to reach them through some of the traditional resources. She said one strategy not listed, is the possibility of having one-on-one meetings with each Environmental Commission Minutes June 26, 2006 Page 3 of 10 business. Pawluk commented that with businesses in the community the City might be able to take a tougher stance and a more direct approach. Hill believes that most business owners do not reside in the City and some PSAs directed at businesses may be a waste of time. She felt a better approach might be direct mailings and brochures. Clancy agreed and will revise the PSAs to include direct mailings and a whole brochure directed toward businesses. Hill asked if building inspectors would be able to go into businesses or would they be conducting the one-on- one meetings. Clancy explained that should this become one of the elements in the City Code, any time some one applies for a land use change or building permit, they would have to submit to an inspection. At the present time the City inspectors cannot go to businesses to inspect for 1/1 issues unless that business has applied for a permit. Oliver agreed that most of the data focuses on residential areas and the City would begin the inspections there first, and then move to businesses. Baker pointed out that businesses might be worth the extra effort if they have more roof leaders, etc. Clancy advised that more investigation is needed to determine the extent of problems for businesses and residential homes. Oliver said the City needs to break down District 10 into smaller groups. Roof leaders may not be the most common contributor; condensation coils and some sump pumps may be the more common problem. The average sump pump can discharge approximately six gallons of water per minute when it's running. Silpala asked if there was a time when roof leaders, etc. were sanctioned or recommended; is it possible to take a systemic approach and look at when an area was developed. Oliver replied the older the home the higher the likelihood there is a foundation drain. Typically the majority of homes in the community were built in the 1950's or later and it does not appear foundation drains were tremendously prevalent. Sump pumps were common from the 1950's up through the 1990's. From the 1950's and later, roof leaders become more common. When the Utilities Maintenance staff did the residential meter change out program, all employees involved were trained to ask the homeowners if they could do a voluntary sump pump inspection. If homeowners agreed to comply, staff gave them the educational brochure. Most of the homeowners agreed to comply. However, when the City is facing a potential $300,000-$500,000 surcharge, its not a department issue, it is an entire City issue. Clancy believes our City Council, Environmental Commission are well educated, and that education should be extended to some other City commis- sioners on our Planning Commission Board, Board of Zoning Appeals, and the Open Space and Recreation Commission. School age kids tend to be better educators than their parents. Staff plans to work with them. Staff also plans to make sure the real estate professionals practicing in our community are aware of the seriousness of the 1/1 problem in Golden Valley. Real estate professionals cross many boundaries, so that will be a real challenge. Environmental Commission Minutes June 26, 2006 Page 4 of 10 Hill stated the City does not want real estate agents to direct people away from Golden Valley causing property values to drop. Oliver said every community around Golden Valley is facing this issue. Hill asked if the other communities were sharing this issue with realtors. Oliver said sooner or later everyone is going to be facing this issue in some shape or form. He would rather lay the bad news out up front than have it be a surprise to a buyer or a seller. Pawluk proposed an idea allowing residents the opportunity to budget if in fact they have to make repairs. He would like to see the homeowner do some self -budgeting to make the repairs without taking out a loan. If the individual gets approval, the City could have some sort of mechanism in place that allows residents to move forward with repairs once they have an amount tucked away in their bank account. Oliver explained the City has five years to correct the 1/1 issue. During the scope of the five-year period, it is the City's goal to inspect every building in the community and get the problems fixed. Pawluk believes the Council should look at revising the 30 -day window. Clancy advised that the Council will review the Environmental Commission's feedback and make a decision. Pawluk suggested the City to get a message out to every homeowner explaining what the standard will be, the timeframe residents have to comply and give residents the opportunity to ask the City for the inspection now so they have time to budget and save because the City is setting up a program to inspect each home. Kaisershot asked who bears the brunt of the cost. Is there a pool of funds or will each individual have to pay. Oliver replied that staff will need to discuss cost issues with the City Council. Once the code is adopted, staff will need to turn the changes around quickly and finalize just how this plan will work. Sipala would like to make it as easy to fix as possible, but does not feel those who followed the rules should have to pay for those who violated the rules. Lundstrom believes the fall 2006 survey will really drive the Communications Plan. The City will get a good idea of what people know and don't know about 1/I. He thinks there are quite a few residents that do not understand that the sanitary sewer and storm sewer systems are separate. St. Clair questioned whether or not there would be a fund of money offering low interest loans available through the MCES. People might be more apt to get the work done if they could save some dollars. Clancy stated the City will be spending money on its own system. The utility budget proposed this year includes the inspection program, replacement of manhole covers, inspections and sewer lining mains has increased significantly. Setting money aside to help others do repairs on homes is probably not a reality. The Pavement Management Program is adding a lot of storm sewer and draintile so residents have the option of hooking up their system. Environmental Commission Minutes June 26, 2006 Page 5 of 10 Hill asked if the Environmental Commission was to assign priorities for the potential strategies. Clancy advised that Weiler would assign these priorities once the strategies are finalized. These will come back to the Commission for feedback. Finally, Oliver explained the last component of the Communications Plan is getting the word out to both private and public inspectors. Sipala asked if City inspectors would have point of sale inspections. Oliver indicated they would not at this time. Clancy explained that every CityNews issue would have an article reporting on 1/1. Baker asked if they would be some kind of mass contact to residents, i.e. notice in the utility bills. Clancy said there would be announcements made once the inspection program is final. Focus would be on the upcoming Pavement Management Project area and on District 10. Clancy stated that staff had a good meeting with MCES. Staff pointed out to the MCES that a good share of their system is within the flood plain of Bassett Creek. The MCES agreed to submit a proposal to the City to repair those areas. A copy of the article that was in the MCES Newsletter will be forwarded to each Commission member with the next meeting agenda (the article "Communities Identify Sources of Clear Water Flow into Sewers," was emailed to all members on July 6, 2006). VI. Program/Project Updates Municipal Utility Code Revisions — Oliver explained the four highlights in the revised code (see cover memo to Council attached to agenda). All revisions were reviewed and approved by the City Attorney. Kaisershot asked what "discharge" meant. After discussion, it was decided that staff would review the need to add the definition to the code. Oliver continued to explain the individual revisions to the code. Kaisershot asked for the reason behind Section 3.04, Subd. 3. E., that states, `7f the structure receiving service becomes uninhabitable for any reason". This is in the event of a fire to a structure or a condemned house, and it authorizes the City to disconnect the water and remove the meter. Hill suggested removal of the word "If' at the beginning of the sentence. She also questioned if uninhabitable was an appropriate word to use when talking about a commercial building. Clancy believes that is defined in the Uniform Building Code. Oliver will check if uninhabitable is an appropriate word to use. Oliver continued explaining Section 3.04, Subd. 5, which defines who can go into dwellings and other buildings on behalf of the City. Pawluk does not believe anyone should be allowed into one of these structures without notifying the homeowner/ business owner. Oliver will discuss this further with the City Attorney. Section 3.04, Subd. 6, regarding meter tests was reworded to make it easier to understand. Environmental Commission Minutes June 26, 2006 Page 6 of 10 Under Section 3.30, Oliver explained that the City will have a rather large project in the not too distance future to retrofit District 10 with draintile behind the curb. Kaisershot asked if there might be an issue of diminishing resources where half the City would be done this way, but suddenly there are no more funds to continue to do the same for the rest of the City. Oliver does not believe this issue can be addressed in the code. If there is a neighborhood that has minimal peak values after major rain events, and there is not a problem, it might not be necessary to install the draintile. Kaisershot asked if there is another ordinance that would need to be revised concerning draintile. Oliver explained that staff will be adding a storm water drainage ordinance to this chapter of the code. With the addition of this ordinance the City will be able to address the specifics of rear yard easements, draintile ownership and different aspects of storm water drainage. This is also where the City will address pumping discharge, where no draintile exists, into a neighbor's yard. Clancy advised that the Municipal Utility Code has not been addressed since 1974. It is in desperate need of being updated. There is no storm sewer section at all. She and Oliver believe the sanitary sewer part of the code needs to be dealt with first. Water issues will also need to be addressed, followed by water conservation issues. The Joint Water Commission (JWC) is having a workshop on water conservation in August. Also contractual issues will be dealt with. There are too many issues to be dealt with at one time, so the issues will come before the Commission in a piecemeal way. This code is the framework to set up the programs. Kaisershot asked if there was any consideration for preventing discharge onto neighbors' property with this past term. Oliver stated there was not. Clancy agreed this is an issue and staff advised the City Manager and the Council that this is program that staff can take on if given the resources to do so. Section 3.30, Subd. 3. E. addresses the surcharge to be assessed by the MCES. Oliver went over how this section would work. When a homeowner is found to be non- compliant and the City issues them a correction notice, the resident will have 30 days to resolve the issue. If, upon re -inspection, the problem is repaired, no surcharge will be assessed. Because there is a history of a problem, the City will return within the year. If within that year the homeowner is again in violation, the City will add a $500 per month surcharge to their utility bill. The people who are violating would then be paying, instead of the compliant homeowners. However, because it has been a year, and staff does not know when the homeowner switched their sump pump back to discharging into the sanitary sewer, the City will retroactively charge them that surcharge back to the date of their last compliant inspection. Hill asked if charges to the homeowner follow the property. Oliver commented that this is one thing that needs to be addressed. Kaisershot questioned the second sentence in paragraph "E". Is the code stating that any residential property that had been inspected and non-compliant and then became compliant and now again became non-compliant, does this sentence and the first sentence need to have commas instead of periods. Oliver will confer with the City Attorney for the correct wording. Clancy stated that this Environmental Commission Minutes June 26, 2006 Page 7 of 10 clause came from reviewing ordinances from other cities. Most communities are charging residents with a $100 surcharge. She said the reason staff decided to increase the amount to $500 was because of past history with the residential meter replacement program. At the Council/Manager meeting Clancy discussed financial aspects of the surcharge with the Council. The current surcharge is based upon one violation of our peak allowable last year, which was a dry year. Golden Valley may already have had two violations this year. Pawluk pointed out that a lot of the provisions in this code, particularly the more punitive ones, are geared for people who change from compliance back to non-compliance. Oliver believes it is easy for do-it-yourselfers to modify sump discharges. Kaisershot explained that if these people have gone to the trouble of making a change that allows you to pass the code inspection, why would a resident want to reverse it. Lundstrom explained that when resident is dumping clear water into your own yard it can cause a mosquito problem. Pawluk believes the 30 -day re -inspection could be an unreasonable amount of time to get the repairs completed, especially during high construction season. He sees two problems homeowners may have; one being they cannot afford it; and, two they cannot find a contractor within the 30 -day time period. Pawluk suggested the timeframe be extended to 60-90 days. Oliver expressed two concerns with giving residents too much time to comply. One being it is a public health issue due to discharge of raw sewerage to the Mississippi River, and if actions are not taken to comply, the MCES has the authority to say no to new development. St. Clair asked if the $500 per month surcharge is meant for a person who came into compliance and then purposely reconnected to sanitary sewer so they went out of compliance. Oliver agreed it was and added it might also be the person that refuses to come into compliance. Hill asked how long the homeowner (compliant or non-compliant) that was non- compliant, but made the correction would be subject to future re -inspections. Oliver cannot answer that question; it is a detail of the program to be developed. Hill stated the first inspection seems to drive the re -inspections. Oliver agreed. The code states residents are subject to an annual re -inspection, it does not say it goes on into perpetuity. Pawluk sees a problem with a situation where a resident is being re- inspected this year and then there is no inspection the next year, but the following year the re -inspection shows a problem. Would the surcharge be retroactive 24 months or 12 months because the City failed to come back the in between year. Oliver explained that the City has to manage this program. If a resident has a history of non-compliance, the City will re -inspect the house every year. If someone is in compliance 4-5 years its possible they can be dropped from the re -inspections list. This Environmental Commission Minutes June 26, 2006 Page 8 of 10 is something that has to be worked out yet. Pawluk would like a statement added to the code that the City will use discretion in re -inspections. Oliver stated residents can count on the fact that they will continue to be subject to re -inspections. If you apply for a permit for any remodeling, addition, etc, an inspector will come out and look for violations. St. Clair inquired about a situation where somebody buys a house, which has been non- compliant, and suddenly an inspector arrives and it has been 24 months since an inspector was there and you owe $12,000, who pays. Anderson asked if there was a final adjustment done on the water bill when you leave your residence. Clancy advised that there is a final billing. Kaisershot gave a solution for St. Clair's question about when the surcharge begins. A person that does not allow you to re -inspect, does not necessarily fall under this provision. He suggested the following changes to paragraph "E", page 32, second sentence. Any residential property found not to be in compliance upon re -inspection, or any person refusing to allow their property to be re -inspected within 30 days after receipt of mailed written notice from the City, shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on every sewer bill. Oliver agreed. He will update the code with the changes and forward it to the City Attorney for review. Oliver believes that adding a mandatory inspection when residents call to shut off their water service, or switch it over to the new owner when you sell, should cover the above as well. That way if the person selling the house is non- compliance they would get billed for the surcharge; not the new owner. Kaisershot suggested putting a cap, of up to $6,000, on the surcharge for non- compliance residents. Oliver explained that if a person is not in compliance, they should be paying for the 1/1 discharge they are causing. Anderson asked if any of the surrounding communities prorate the discharge. Oliver said it is very difficult to do. Oliver next went over Section 3.30, Subd. 4 Winter Discharge, and Subd. 9 Ownership of Sewer Service Lateral. Kaisershot asked what a sewer service lateral was. Oliver explained it is the service line from the main in the middle of the street to where the pipe enters a home. There was a discussion about the interpretation of the city code defining the homeowner's responsibility for the sanitary sewer lateral. Oliver explained the homeowner is responsible for the sanitary sewer lateral from the home to where it connects to the main in the street. This is the case in the vast majority of metro cities. Pawluk and Hill asked who would be responsible for any damage to a line in the street. Clancy said this would be rare since the line is 6-8 feet below the street. Kaisershot asked what could happen to the pipe besides the usual wear. Oliver and Lundstrom said damage could be caused by a crushed pipe, tree roots, joints in the clay did not seat quite right or sag from settling soils. Clancy explained that the lateral line has no benefit to the overall public; it serves that particular homeowner only. There is no justification for the City at large to pay for repairs to the lateral. Concerning Section 3.30, Subd. 10, Unmetered Water Supply, Pawluk asked what this section referred to. Oliver explained that if you have a well and are discharging into the Environmental Commission Minutes June 26, 2006 Page 9 of 10 sewer that is prohibited. There are some wells within the City; however, the County keeps the records. Oliver advised that the next step for the code revision is to take all discussion into consideration, the Environmental Commission comments as well as the City Council comments. Staff is hoping this will be on the July Council/Manager meeting for additional discussion. The City Council will make some recommendations on moving forward. Pawluk asked to have a revised version emailed to the Commission after the Council makes their recommendations. Kaisershot asked if this revision of the Municipal Utilities Code was something the City Council said they want the Environmental Commission to review and how things land on the Environmental Commission's agenda as far as reviewing some ordinances and not others. Clancy explained that two or three months ago she met with the Mayor and City Manager to discuss 1/1 issues. Staff then took the entire 1/1 program to the Council and explained all the issues needing input from the Environmental Commission for this as well as the Comprehensive Plan, which is budgeted for 2007. Sunnyridge Lane Soil Contaminants — Staff is waiting to hear from Hennepin County Environmental Services regarding the funding. Three Rivers Park District Trail (Regional Bicycle Plan) — Staff received plans for the first phase of the trail on June 23; staff is in the process of reviewing these. The trail will be built this fall from TH 169 to Douglas Drive. Ad Hoc Deer Task Force — The public participation meeting will be held on July 13 at Brookview Community Center. There is a website that has a comment area in it, and it is also being advertised in the SunPost. Once comments are in the Task Force will meet again in August to discuss and move forward with a recommendation for the Council. Lighting Plan/Ordinance — Lundstrom advised that a meeting is scheduled for July 24 at 6 pm with the Planning and Environmental Commissions to review the draft ordinance. Property Maintenance Code — The Inspections department staff had three open houses. A total of 75 households attended. Of those who attended, most were in favor of moving forward with the Property Maintenance Code. Proposed Developments — Oliver stated the City has 4-5 smaller lot splits that are in various phases of approval. As far as large-scale development, already approved is the next phase of Rudy Luther Toyota that will be starting soon. Staff is getting closer to approving the development at Xenia Avenue North and Golden Hills Drive. Nothing is immediately pending, but staff continues to follow the progress. Hill asked if the lighting ordinance would be in place for the Rudy Luther Toyota Phase 2 of the development. Oliver advised this development was a two-phase approval and both were already approved. Environmental Commission Minutes June 26, 2006 Page 10 of 10 Open Space & Recreation Commission Minutes — These are attached to the agenda for your information. VII. Commission Member Council Reports Baker mentioned there would be a meeting of the Planning Commission and the Council to discuss the possibility of setting up a task force to look at changes to ordinances to deal with the rapid redevelopment that the City is experiencing. VIII. Other Business A. July Agenda Items • Joint meeting with the Open Space & Recreation and Environmental Commission on July 24 at 6 pm, followed by the regular meeting of the Environmental Commission at 7 pm. • Results of the trash receptacle inventory and data collection. • Review possible City Council revisions to the Municipal Utilities Code. B. The Environmental Commission would like to publicly acknowledge, recognize and thank Tracy Pharr for her service to the Environmental Commission. MOVED by Pawluk, seconded by Hill, and the motion carried unanimously to publicly acknowledge, recognize and thank Tracy Pharr for her service to the Environmental Commission. IX. Adjourn MOVED by Baker, seconded by Kaisershot, and the motion carried to adjourn. The next scheduled meeting will be on June 26, 2006 at 7:00 pm. The meeting was adjourned at 9:22 pm. Respectfully submitted, y Debra K. Somers Administrative Assistant Department of Public Works "Golden galley Date: July 20, 2006 To: Environmental Commission Public Works 763.593.8030 / 763.593.3988 (fax) From: Jeannine Clancy, Director of Public Works Subject: Environmental Commission's Recommendation to Install Additional Trash Receptacles at the Entrances to Nature Areas At the July 11, 2006 Council/Manager meeting, the City Council discussed the Parks Maintenance Budget. Given the desire to limit budget increases, the request to increase the number of trash receptacles in the nature areas was not approved. If you have questions, I will be in attendance at the August 28 Environmental Commission meeting. GAEnvironmental Com miss ion\Correspondence\Memos\2006\AddFrashReceptaclesDenied.doc Nature Area Trash Receptacle Inventory General Mills Research Boone Avenue entrance - 1/4 full Duluth Street entrance - 1/4 full Mary Hills Bonnie Lane entrance - 1/4 full Medley Bridge Receptacle at bridge entrance was removed this year for drainage construction Pennsylvania Woods In 300 -feet from Rhode Island entrance - 1/4 full Rice Lake At bridge off Bassett Creek Drive - 1/4 full Schaper Park At bridge to wood chip trail - 1/4 full St. Croix Park/Trail Entrance to trail from park (also acts as park receptacle) - 1/3 full Notes ➢ All receptacles on map are in place for Medley. ➢ All receptacles were checked and emptied weekly for two weeks, and averaged 1/4 full (55 -gallon receptacle) ➢ Dog waste bags were the majority of the contents along with some litter. GAPark Maintenance\Miscellaneous\NatureAreeTrashRecepinventory.doc Community Parke Brookview FI7i►tne1ka &. Brookvinv Pkivy Strandc/MacKrell an-iilies Gearty 3101 Regeni Retired Volunteers Hampshire Olympia &. l.oulslana Kirsch Family Lakeview Olympia & Hillsboro Gresser Family Lions llarokl &. Glenwood Jan Motari Medley breign & 23rd Ave Golden Valley Federated Women's Club Schaper Hwy 55 &. Ouawa Golden Valley Police Reserves Scheid Puluih & ?'oledo Cub Scout Pack 350 Wesley (north) H'esley Ur & Orkla Moore/Gasparini Families Wesley (south) Plv►nourh Ave &. Orkla Jack Stratton Neighborhood Parks Glenview Zenith & A4an0r Df- Elephant rElephant Park Book Group Golden Oaks i1olders & Plynioutlt PEND MG Natchez 201 Natchez Hanscom & Dritsas Families North Tyrol 4300 Sunsel Ridge Osborne Family Seeman 1101 Florida Ave Northwest Suburban Optimist Club South Tyrol 1501 Kalrern In Robby McCabe & Family St. Croix 5350 Sr. Croix elve Covenant Village Stockman Adell &. Uz or Thompson Family Sweeney Lake Hidden Lakes Association Wildw6ad Duluth e4r Pe.►iNsylunnia Robertson Family Yosemite 3s1 Yaxemire Eric Johnston (BSM) Special Use Facilities Brookview Golf Course 200 Brookview Parkway Honeywell Little League Area Louisiana &. Sandburg Rd Nature Area9 Bassett Creek (north of Duluth) AVAILABLE Bassett Creek Guth of Dulurh) 2130 Zane Ave Covenant Village Bassett Creek (west of Wisconsin) PENDING Driarwood 2300 Unity Girl Scout "troops 2316 & 1670 General Mills Headquarters Nature Preserve GMI Grounds Crew General Mills Research Nature Area The Gannon Laurel Ave (castorFlorldo) Laurel &..lersq AVAILABLE Laurel Ave (west of Florida to Jcrscy) Hearthstone of Minnesota Laurel Ave (west of Jersey to Pennsylvania) Jerry & Joan Monson Maty Hills Golden Valley ltd &. Bonnie Ln John & Pam Goranson & Barb Osborne Pennsylvania Woods 23rd & Rhode Nand PENDING Rice Lake 4120 Bassen Creelt Dr Dawidoff Family Western Ave l{resrern & Wometka Ilo cot. Peggy Leppik; wv OWN 11 !�Nil r Golden Valley Date: August 28, 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: Revised City Code, Chapter 3, Municipal and Public Utilities At its June 24, 2006 meeting, the Environmental Commission reviewed draft revisions to Chapter 3, Municipal and Public Utilities, of the Golden Valley City Code. The proposed changes are in response to a pending sanitary sewer surcharge to the City from the Metropolitan Council for peak sanitary sewer flows above the maximum permitted for Golden Valley. The excess peak flows are a result of inflow and infiltration of clear water into the sanitary sewer system. Following the June 24 review, the proposed code revision and the Commission's recommended modifications were reviewed by the City Council at the Council/Manager meeting on July 11, 2006. The following is a summary of the modifications the City Council directed staff to make in Chapter 3 based upon input from the Environmental Commission and staff. A draft copy of the portions of Chapter 3 that will be considered by the City Council in September is attached to this memorandum for reference. Issue: Should a provision be made to include a sump pump inspection at the time of final meter reading to prevent new owners from being responsible for previous owners' actions? Council Direction: The City Council directed staff to include a section in the ordinance to establish a "Point of Sale" inspection program. This revision has been included as Section 3.31 Certificate of Sewer Regulation Compliance, which requires an inspection and compliance with Chapter 3 provisions regarding sanitary sewer prior to placing a property on the market or transferring the title of a property. GAPROJECTS\Inflow and Infiltration\Code Revision\EC Memo 082306.doc Issue: Should the proposed surcharge amounts of $500 per month for residential property and $1, 000 per month for non-residential property be lowered? Council Direction: The surcharge amounts contained in the first draft of Chapter 3 should be retained. Issue: Should the proposed retroactive surcharge for secondary non-compliance (after first inspection and correction) be included? Council Direction: The Council directed staff to revise the ordinance to eliminate the retroactive surcharge provisions, and to double the surcharge amounts for all violations beyond the first. Therefore, if a property is subject to the $500 per month surcharge for non-compliance, corrects the non-compliance, and is found to be non-compliant in a future inspection, the surcharge amount would be $1,000 per month. 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 groundwater 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. 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 JWC 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. 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 Council in the annual fee ordinance. 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 liability insurance, including products liability coverage, with limits consistent with current City limits or statutory requirements, whichever 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. 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 28 person shall own any part or portion thereof, except for sewer service laterals, water services and draintile service stubs referenced in this Chapter. Subdivision 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any Inspector. 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 or 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 services 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 as otherwise provided in this Subdivision. 29 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 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 SEWER SERVICE. The following apply only to sanitary sewer 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 groundwater, cooling water or industrial process shall be discharged into the sanitary sewer system. Dwellings, buildings and structures with 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 of 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. 30 B. Any property owner or consumer applying for a plumbing permit (excluding permits for water heaters), variance, minor subdivision or other action from the City shall agree to an inspection of the structure's sump pump, footing or foundation drain discharge for compliance with this 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 re -inspection to confirm continued compliance. If that property is found not to be in compliance upon re- inspection, or any person refusing to allow their property to be re -inspected within 30 days after receipt of mailed written notice from the City, that property shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on every sewer bill. All properties found during any re -inspection to have violated this section shall be subject to nonrefundable monthly surcharge that is double the previously charged surcharge. 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 a $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. 31 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. 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 the 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 sewer 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. 32 Subdivision 11. 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. Section 3.31. Certificate of Sewer Regulations Compliance. Subdivision 1. Required. No person shall sell, advertise for sale, give or transact a change in title or property ownership of real property with or without one or more buildings or structures, without first obtaining a certificate of sewer regulations compliance from the city. Subdivision 2. Application; fees. (A) The owner or owner's representative is required to make application for a certificate of sewer regulations compliance before any property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the party responsible for the property. (B)At the time of application, the applicant for a certificate of sewer regulations compliance must pay the application fee appropriate for the type of property the request is for. Such fees shall be set from time to time by the city. Subdivision 3. Inspection. The applicant for a certificate of sewer regulations compliance is responsible for requesting an inspection of the property after making application and payment of fees. An inspection shall be made by the city to determine whether the property use is in accordance with city sanitary sewer service regulations, as provided in section 3.30 of this chapter. The entire property and all buildings on the property shall be made available for inspection. Subdivision 4. Compliance; expiration. (A) Upon inspection, when the property use is in accordance with city sanitary sewer services regulations, a certificate of sewer regulations compliance will be issued by the city. (B) A Certificate of sewer regulations compliance is valid to be used for the transfer of property for a period of one year from the date of issue. The certificate of sewer regulations compliance may only be used for property transfer by the owner named on the certificate or the owner's legal representative. (C)The certificate of sewer regulations compliance must be conspicuously displayed on the premises at all times when the property is being shown for sale and the owner is responsible for informing any potential buyers, gift recipients or other persons to whom he intends to transfer title as to his receipt of the certificate of sewer regulations compliance. If, within one year of the issue of a certificate of sewer regulations compliance, the owner named on the certificate of sewer regulations compliance does not agree to an inspection, as required by section 3.30, subdivision 3(B) of this chapter, the certificate 33 is immediately void. Such inspections trigger the administrative sanctions found in section 3.30, subdivision 3 of this chapter. Subdivision 6. Temporary certificate of sewer regulations compliance. Upon inspection, a temporary certificate of sewer regulations compliance may be issued by the city permitting the transfer of property, providing; (A) An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property necessary to bring it within compliance of the city sanitary sewer service regulations, section 3.30 of this chapter within thirty (30) days of the transfer of property. (B) A security to ensure completion of any corrections to the property must be posted with the lender in the form of an escrow, or with the city when a lending institution is not involved with the transaction. The security shall be in an amount at least equal to twice the retail value of the work necessary for compliance with this article. The escrow must be fully maintained until a certificate of sewer regulations compliance is issued. In no case will a temporary certificate of sewer regulations compliance be issued for more than One Hundred and Eighty (180) days following the first inspection of the property. Subdivision 7. Sanctions. At all times during the certification process, the owner is responsible for any sanctions or surcharges under section 3.30, subdivision 4 of this chapter. Subdivision 8. Repeated Inspection. Upon inspection, when the property use is not legal in accordance with city sanitary sewer service regulations, the owner shall be entitled to a second inspection to be scheduled within thirty (30) days of the original inspection. If, at this inspection, the city inspector determines that all violations of city sanitary sewers regulations have been corrected, the city shall immediately issue a certificate of sewer regulations compliance. (Sections 3.32 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. 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 - 4 1. "Consumer" and "Customer" mean any user of a utility. 2. "Draintile" means a subsurface drainage and conveyance system of clear water and groundwater 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. 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 JWC 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. 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. iflf 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 Council in the annual fee ordinance. 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 liability insurance, including products liability coverage, with limits consistent with current City limits or statutory requirements, whichever 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. 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 28 services and draintile service stubs as ent Red OR ' this erdinaRGe referenced in this Chapter. Subdivision 5. Right of Entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any Inspector. 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; or 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 services 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, O^ the alto m ativo aR d at the GPtiOR of the , as otherwise provided in this Subdivision. 29 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 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 SEWER SERVICE. The following apply only to sanitary sewer 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 groundwater, cooling water or industrial process shall be discharged into the sanitary sewer system. Dwellings, buildings and structures with 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 of 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. 30 B. Any property owner or consumer applying for a bu+I plumbing permit (excluding permits for water heaters), variance, minor subdivision or other action from the City shall agree to an inspection of the StrUGtUresstructure's sump pump, footing or foundation drain discharge for compliance with this 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 re -inspection to confirm continued compliance. If that property is found not to be in compliance upon re- inspection, or any person refusing to allow their property to be re -inspected within 30 days after receipt of mailed written notice from the City, that property shall be subject to a nonrefundable surcharge of $500 per month, to be imposed on every sewer bill. All properties found during any re -inspection to have violated this section shall be subject to nonrefundable monthly surcharge that is double the previously charged surcharge. 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 t#ea $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. 31 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. 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 the 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 sewer 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 sewerservice 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. 32 Subdivision 11. 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. Section 3.31. Certificate of Sewer Regulations Compliance. Subdivision 1. Required. No person shall sell, advertise fersatefor sale, give or transact a change in title or property ownership of real property with or without one or more buildings or structures, without first obtaining a certificate of sewer regulations compliance from the city. Subdivision 2. Application; fees. (A) The owner or owner's representative is required to make application for a certificate of sewer regulations compliance before any property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the party responsible for the property. (B)At the time of application, the applicant for a certificate of sewer regulations compliance must pay the application fee appropriate for the type of property the request is for. Such fees shall be set from time to time by the city. Subdivision 3. Inspection. The applicant for a certificate of sewer regulations compliance is responsible for requesting an inspection of the property after making application and payment of fees. An inspection shall be made by the city to determine whether the property use is4ega4 in accordance with city sanitary sewer service regulations, as provided in section 3.30 of this chapter. The entire property and all buildings on the property shall be made available for inspection. Subdivision 4. Compliance; expiration. (A) Upon inspection, when the property use is4ega4 in accordance with city sanitary sewer services regulations, a certificate of sewer regulations compliance will be issued by the city. (B) A Certificate of sewer regulations compliance is valid to be used for the transfer of property for a period of one year from the date of issue. The certificate of sewer regulations compliance may only be used for property transfer by the owner named on the certificate or the owner's legal representative. (C)The certificate of sewer regulations compliance must be conspicuously displayed on the premises at all times when the property is being shown for sale and the owner is responsible for informing any potential buyers, gift recipients or other persons to whom he intends to transfer title as to his receipt of the certificate of sewer regulations compliance. If, within one year of the issue of a certificate of sewer regulations compliance, the owner named on the certificate of sewer regulations compliance does not agree to an inspection, as required by section 3.30, subdivision 3-.43(B) of this chapter, the 33 certificate is immediately void. Such inspections trigger the administrative sanctions found in section 3.30, subdivision 3-:43 of this chapter. Subdivision 6. Temporary certificate of sewer regulations compliance. Upon inspection, a temporary certificate of sewer regulations compliance may be issued by the city permitting the transfer of property, providing; (A) An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property necessary to bring it within compliance of the city sanitary sewer service regulations, section 3.30 of this chapter within thirty (30) days of the transfer of property. (B) A security to ensure completion of any corrections to the property must be posted with the lender in the form of an escrow, or with the city when a lending institution is not involved with the transaction. The security shall be in an amount at least equal to twice the retail value of the work necessary for compliance with this article. The escrow must be fully maintained until a certificate of sewer regulations compliance is issued. In no case will a temporary certificate of sewer regulations compliance be issued pFier tefor more than One Hundred and Eighty (180) days following the first inspection of the property. Subdivision 7. Sanctions. At all times during the certification process, the owner is responsible for any fres or sanctions or surcharges under section 3.30, subdivision 4 of this chapter. Subdivision 8. Repeated Inspection. Upon inspection, when the property use is not legal in accordance with city sanitary sewer service regulations, the owner shall be entitled to a second inspection to be scheduled within thirty (30) days of the original inspection. If, at this inspection, the city inspector determines that all violations of city sanitary sewers regulations have been corrected, the city shall immediately issue a certificate of sewer eat+eregulations compliance. (Sections 3.32 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. 34 Document comparison done by DeltaView on Tuesday, August 22, 2006 3:25:41 PM Input: Document 1 Powerpocs://DOCS/463620/2 Document 2 Powerpocs://DOCS/463620/3 Rendering set standard Legend: 125 ORMS I ON ON -74 . Format change ? 4c��c deletiei= Inserted cell Deleted cell Moved cell Split/Mer ed cell Padding cell Statistics: Count Insertions 14 Deletions 16 Moved from 0 Moved to 0 Style chane 0 Format changed 0 Total changes 30 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 1/1. 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 1/1. • Build public support for City's 1/1 reduction efforts. • Explain individual property owners' responsibility for helping reduce 1/1. • Build public support for individual property owner responsibility for helping reduce 1/1. • 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. • Educate real estate professionals about financial impact to community. 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 Pian 4.1 Strengths 4.2 Challenges • Legitimate issue 7. Real estate professionals 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 • Remodeling Fair 2. Businesses (building owners and Press releases to SunPost and Cable 12 managers) 0 One-on-one meetings • Direct mailings if informational flyers, handouts, brochures • Educational video • Increase awareness at Pavement Management information meetings • Short video PSAs for cable TV and Web 3. Apartment Owners 0 Press releases to SunPost and Cable 12 • Neighborhood information meetings • Existing programs for multifamily code compliance (Star Program) • 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 0 Neighborhood information meetings • Educational video • Case studies of 1/1 problems in other parts of the US 5. City Council and Commissioners 0 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 0 Neighborhood information meetings • Informational flyers, handouts, brochure • Educational video • Use "Leak Ericson" as a mascot and symbol 0 Short video PSAs for cable TV and Web 7. Real estate professionals/Title companies • Informational flyers, handouts, brochures • Educational video • Use "Leak Ericson" as a mascot and symbol • Short video PSAs for cable TV and Web • Workshops 8. Inspectors (private and public) • 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 • Eliminate Met Council demand charge by 2011 10. Updating the Communications Plan Staff should regularly review and update the communications plan as needed. Gunmunicabons Plan Timeline/Calendar Notes for 2006 June 2006 • Environmental Commission reviews draft ordinance July 2006 • Cit News article • City Council reviews draft ordinance • Conduct MCES interceptor manhole survey • Initiate closed circuit television inspection of 1/1 Area 10 August 2006 • Environmental Commission reviews draft ordinance • Mail Met Council the surcharge credit verification letter • Continue closed circuit television inspection of 1/1 Area 10 • Develop inspection program brochure • Write newsletter article . Write script for inspection program video September 2006 • City Council considers final ordinance first and second considerations • Strate izequestions for citywide survey • Begin storm water compliance inspection program in 2007 PMP area October 2006 November 2006 • Citywide survey December 2006 Begin storm water compliance inspection program in 2007 PMP area LO Wo z Q CD —i Ji Ji 70 L== U) m Q' —j Ji :_- 0 U