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12-08-09 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room December 8,2009 After Special City Council Meeting (approximately 7:30 pm) 1. Request to Allow the Use of Sheet Metal (Corrugated) Siding 2. Metropolitan Council Environmental Services Regional Interceptor Improvements 3. Comprehensive Plan Transportation Element, Roadway Functional Classifications 4. Proposed Ordinance Amendments: A. 4:31: Stormwater Management B. 11 :03 "Average Height" and "Building Height" Definitions 5. Douglas Drive Capital Improvements 6. Solid Waste Handling and Recycling Study 7. 2010-2011 General Fund Budget and 2010 Tax Levy 8. 2010-2014 Capital Improvement Program (CIP) Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. ThisdocHmeritisavaTlableinalternate formats upona 72-hour request. Please caB 763-593-8006 (TTY: 763.593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. d City Administration/Council 763-593-8003 I 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8, 2009 Agenda Item 1. Request to Allow the Use Of Sheet Metal (Corrugated) Siding Prepared By Thomas Burt, City Manager Summary City Code Section 4.05: Design Control, prohibits the use of sheet metal either corrugated or plain. Staff recently received a request from Michael Rice, 320 Georgia Avenue North, to side his entire home with corrugated metal. Inspection staff has refused to issue a permit. As a result the applicant has requested that the City consider changing City Code Section 4.05. Because this is not part of the zoning code, a variance is not permitted. The work could only occur if the City Code is amended, and the decision to do so is at the Council's discretion. If Council directs staff to change the City Code, consideration must be give to reflectivity of materials and the potential impact on the character of the neighborhood. In the past there have been building permits issued that have allowed sheet or corrugated metal to be used as an architectural accent or when not used for the entire structure. If Council does not wish this practice to continue direction should be given to staff so future permits are no longer issued for any use of sheet or corrugated metal. Attachment City Code Section 4.05: Design Control (1 page) Letter from Michael Rice dated November 16, 2009 (2 pages) 94.05 Section 4.05: Design Control Subdivision 1. Purpose It is deemed to be in the best interests of the City to promote the health, safety, general welfare, comfort and appearance by controlling the exterior design of new construction; by controlling the placement of previously used buildings; by regulating congestion and preventing fires and other danger; by assuring adequate light, ventilation and utility systems; and, preserving the value of property and encouraging appropriate land use. Subdivision 2. Prohibited Exterior Facing Except as allowed by proceedings under this Section, no building permit shall be issued for any structure having a front, (either) side, or rear abutting or facing a public street when such proposed structure contains exterior facing materials which tend to rapidly deteriorate or which for any reason are, or tend to quickly become, unsightly. The following are examples of materials which are prohibited by this Section: sand lime brick, concrete brick, unfinished structural clay tile, sheet metal (either corrugated or plain) and exposed unfinished concrete. Source: City Code Effective Date: 6-30-88 Golden Valley City Code Page 1 of 1 320 Georgia Avenue North Golden Valley, MN 55427 Mr. Tom Burt Golden Valley City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 11/16/2009 Dear Mr. Burt, I write to you today to officially request a building permit from the City of Golden Valley to install new siding on our home at 320 Georgia Avenue N., repairing the damage from the two severe hail storms of Sept. 20, 2007 and May 31, 2008. This request is specifically for permission from th~ City of Golden Valley to install Galvalume galvanized, corrugated metal siding on our home. Our home was built in 1982 by architect Paul Madsen, and it is an architecturally unique residence. The structure consists of a unique angular design with offset vertical rises and parapet wall caps. Our choice of the corrugated steel material is driven by many considerations. For sustainability and recyclability, corrugated steel material is the best choice. Other factors indude this material's dent resistance, architectural appearance, serviceability, durability, and rust resistance. The steel material is also a regional product - it can be economically rail shipped from Indiana and processed locally. Aesthetically, this siding material will emphasize and enhance the lines and angles of our home. Set vertically, the corrugated material will strongly highlight our home's architectural character. When we first explored this project, we thought it imperative to ask our neighbors how they would feel if we were to have our home sided in corrugated metal. We went door- to-door with an architectural rendering of the proposed project and asked the homeowners what they thought about our siding project. The responses were unanimously enthusiastic about our idea. We also asked for supporting signatures from our neighbors, and every resident on the street agreed to sign this document. When we originally proposed our siding project to the city, we presented the corrugated metal siding product information, material samples and the signatures of residents on our street to Gary Johnson. After a time, Gary contacted me and informed us that the city has a section of the building code" Chapter 4 -- Section 4.05: Design Control" that does not allow corrugated metal as a siding material. This Design Control Code was implemented in 1988. Today, significant advances in coating and processing technologies of steel siding have greatly improved durability, sustainability and aesthetics of this material. Building philosophies and material considerations have shifted since the Design Control Code was established. It is now much more desirable to select a material that maximizes the reduction of carbon footprint, and one that can either be reused or be 100% recycled. These criteria can all be fulfilled with the Galvalume material. The City has allowed the use of corrugated siding to be installed on several structures in recent years for various reasons on both commercial and residential structures. One example is on the Reuben Lindh Family Services building located at 1501 Xerxes Avenue North, Golden Valley, MN 55411. In this case the material is painted corrugated metal siding. Another example is on a residence located at 4627 Chatelain Terrace Golden Valley MN 55422. Although the material on this structure is not the sheet corrugated we intend upon installing, it has the same aesthetic look and is much less durable than the material that we have specified for our project. Additionally, referring to the language in the Golden Valley City Code, Chapter 4 -- Section 4.05: Design Control, the code can be interpreted in several ways. If the desire of the code is to not allow installation of a material that deteriorates rapidly then selection of the Galvalume material for our project would fulfill the requirements of the code because it is guaranteed for 20 years against spot rusting and therefore would not rapidly deteriorate in appearance.(This far exceeds the guarantee offered by most vinyl siding manufacturers today.) If the intent of the code is not to allow corrugated metal because of aesthetic consideration then we submit that over the past 20 years there has been considerable change in architectural aesthetics. Regarding the "examples of materials" as cited in the code, there are numerous instances of sheet metal being used on many structures within the city of Golden Valley and our home should not be an exception. Lastly, The Galvalume material we have specified for our siding project is a "Leadership in Energy and Environmental Design" (LEED) certified material. The material contains 28% recycled steel content and is 100% recyclable. The vinyl siding material we will be removing from our home has no recycle content and must be landfilled. The same would be true if we were to specify replacement of our siding with a vinyl material. We believe that if Golden Valley is truly committed to being a leader in "Green" environmental practices and carbon footprint reduction, this Galvalume corrugated steel material should be allowed for use as siding for our residence. Also, use of Galvalume material for our project is consistent with the Mayor's Climate Protection Agreement (MCPA) signed last year in an effort to reduce the carbon footprint of materials and energy used within the city. Please contact me with an answer by December 1st because we would like to get started on our project as soon as possible. Thank you for your consideration in this matter. I believe this project is an example of Golden Valley's commitment to sustainability and greener environmental policies for its future. Sincerely, ~~~ :';i~hael Rice Michael Rice 320 Georgia Avenue North Golden Valley, MN 55427 N.B. Project information including Architectural renderings, Neighborhood signatures, Home pictures, Galvalume material information and a sample have been left with Mr. Burt. C:Jl "Golden Valley Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8, 2009 Agenda Item 2. Presentation Regarding the Proposed MCES Regional Interceptor Improvements Prepared By Jeannine Clancy, Director of Public Works Summary Representatives from the Metropolitan Council Environmental Services (MCES) will present updated information to the Council regarding proposed Golden Valley-St. Louis Park Service Area Regional Interceptor Improvements. Attachments Golden Valley-St. Louis Park Service Area Proposed Regional Interceptor Improvements (3 pages) ~ ~:~~:~:~~~:,~:~~~~ Golden Valley-St. Louis Park Service Area Proposed Regional Interceptor Improvements Presenred to Golden Valley City Council Manager's Meeting December 8, 2009 Bill Cook, P.E. MCES Engl_ing ....nav'"' '- - -- - ------...:- - - - ---- A Clean Water Agency - -- ---- ---- ------.-l Purpose of Presentation . To request use of the Council Chambers for an open house and a public hearing . To update Council members about proposed improvements in the Golden Valley service area 2~: MetropoUtao Co\lac:U ..'-- --'1 MCES Level of Service I I I I I i I i . Provide Peak Flow Capacity Relief for Interceptor 1-GV-461 - Evaluate 1-GV-461 from Upstream and Downstream Service Area Perspective - Balance Operational Considerations, Cost. and Construction Impacts of Proposed 1-GV-461 Improvement ::i:"~I~OPOUt.. eou...u '1 Environment Committee: October 24,2006, Business Item 2006-353, Edina-Richfield Area Improvements....... page 1 Environment Committee: October 24, 2006, Business Item 2006-353, Edina-Richfield Area Improvements....... page 2 -l Proposed Project Schedule March 2010: Submit Facility Plan to MPCA . 2nd Otr 2010: Select design consultant 3rd Otr 2010 - 2011: Design Late 2011/early 2012: Begin construction . Early 2013: Complete construction ~i:MdropOl.it.n eo"lIcll Stakeholder Considerations . MCES -------, I I i i . S1. Louis Park . Golden Valley . Neighborhoods . Others ~i~'htroPOUt.. CouncU Environment Committee: October 24,2006, Business Item 2006-353, Edina-Richfield Area Improvements....... page 3 Hey e ra u Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8,2009 Agenda Item 3. Discussion Regarding Transportation Element of Comprehensive Plan: Roadway Functional Classifications Prepared By Jeannine Clancy, Director of Public Works Summary At its October 13, 2009 Council/Manager meeting, the City Council discussed proposed modifications to the functional classifications of a number of roadways throughout the City. These functional classifications are outlined in the Transportation Element of the Comprehensive Plan. The proposed modifications were identified during the process of reviewing comments from the Metropolitan Council regarding the City's Transportation Plan. In addition, staff review of the St. Louis Park Comprehensive Plan identified several inconsistencies between the functional classifications of roadways that connect the two communities. After discussion regarding the proposed functional classification changes, the Council directed staff to provide additional information and return this item to a future Council/Manager meeting. Staff is prepared to discuss proposed modifications at this meeting. The proposed classification changes fall in the following categories: 1. Those changes needed to make the City's transportation system map consistent with the Metropolitan Council's functional classification system, which only recognizes collectors within urbanized cities; and/or 2. Those changes needed to reflect the current use of the roadway and its classification in the proposed transportation element of the Comprehensive Plan; and/or 3. Those changes needed to be consistent with the City of St. Louis Park's designated classification of the roadway in the St. Louis Park Comprehensive Plan. The City's consulting traffic engineer, Mike Kotila, will be in attendance to review the definitions of each classification, the opportunities associated with modifying a functional classification, and the process required by the Metropolitan Council to change a functional classification. If Council concurs with staff's recommendations, the draft Comprehensive Plan (Transportation Element) would be updated. In addition, staff would make application to the Metropolitan Council to finalize their changes. Attachments Golden Valley Roadway Functional Classification Review, dated November 20, 2009 (1 page) Functional Class Descriptions (Metropolitan Council 2030 Transportation Policy Plan) (1 pages) Proposed Functional Classification Changes (1 page) Golden Valley Roadway Functional Classification Review ,-"""", ......,.'....: . ""-':<.:' ij '>5-':>",,;)70 ,>',,>, ,'" ,j "')',, .". ,,;,. ,1IJ..'~n4' '; ,; "';h';"'/' .....i}." > ." . '. .... ' .,' ,.' '/.!f~r ' ;'I, >,~'''''~~_' -.-",-o,",Y'_'C,"-':. ',., >.c".. ,':'..,: ",'.' "", '. '." ". ..... ". .,','. ......, ".i\ ,,,',ii, /' , :'i" ...., .. .. ..../,>'... . ;,' Chanae From Malor Collector to Local Plymouth Avenue Winnetka Avenue Douglas Drive No NA Residential X Major Collector Local Street I Currently in the Met Council I Plan as a Major CoDector 7 " '\., 'i:.i./."" "."'. "" .; '::"" ". '" " '""."y ",' ""',' "'.i', i". " ',' ',';:-C,:- > ",.' ,. .v ,...i'.;:.... Chanae From Local to Collector Regent A veoue Golden Valley Road 34th Avenue No 2,000 Residential X Minor Arterial Local Collector T Draft Comp Plan proposed chAnoe to Minor CoUector .... '>".:, ,..':.-./....,. ic....".,:.. ".'" '7.. c'T' T'" .. .,' . .i.,.. <..,"'" , .'../.... '. . .,:... ;Fc~':" ." /.'. ',,".' ".''''' -::- ':.,.,' ',.c' '" ....... ii, .. '--C,: ,.." .;,.,... Chanae From Minor Collector to Collector Mendelssohn Avenue Medicine Lake Road Golden VaDey Road Yes 2,750 Residential X X Indirectly to Principal Minor Collector Collector Arterial Duluth Street Mendelssohn Avenue Winnetka Avenue Proposed as continuous Yes 730 Residential X Minor Arterial Minor CoDector Collector Minor Collector in Draft Comp Plan lOth Avenue Mendelssohn Avenue Winnetka Avenue Yes 3,850 Industrial X X Minor Arterial Minor Collector Collector Golden Valley Road! Mendelssohn Avenue Winnetka Avenue Yes 6,300 Commercial X X Minor Arterial Minor Collector Collector Decatur Ave/7th Ave Wisconsin Avenue 10th Avenue TH55 Yes 2,450 Commercial X X Principal Arterial Minor Collector Collector Rhnde Island! 23rd Avenues Winnetka Avenue Medicine Lake Road Yes 1,300 Residential X Minor Arterial Minor Collector Collector Nevada Ave/Sandburg Rd Medicine Lake Road Douglas Drive Yes 3,000 Industrial X X Minor Arterial Minor Collector Collector Olympia Street Winnetka Avenue Douglas Drive Yes 1,400 Residential X Minor Arterial Minor CoDector Collector Rhode Island A venue' 10th Winnetka Avenue TH55 Yes 7,600 Commercial X X Collector Ave Principal Arterial Minor Collector Country Club Drive Rhode Island Aveoue Douglas Drive Yes 2,200 Commercial X X Minor Arterial Minor Collector Collector General MiUs Boulevard Wayzata Boulevard Belly Crocker Drive Yes 7,200 Commercial X X Principal Arterial Minor Collector Collector Draft Comp Plan proposed u.......de to Maior Collector Harold Avenue Winnetka Avenue Glenwond Avenue Yes 960 Residential X Minor Arterial Minor Collector Collector Western Avenue Winnetka Avenue Jersey Avenue Yes ,950 Residential X Minor Arterial Minor Collector Collector Jersey Avenue Glenwond Avenue Laurel Avenue Yes 1,700 Residential X X Minor Arterial Minor Collector Collector Laurel Avenue Winnetka Avenue Xenia Avenue Yes 7,300 Industrial X X Minor Arterial Minor Collector CoUeetor Louisiana Avenue Laurel Avenue 1-394 Yes ###### # Commercial X X Principal Arterial Minor Collector Collector Market StlWayzata Louisiana Avenue Xenia Avenue Partia~ see 5,300 Commercial X X Minor CoDeclor Collector Blvd/Golden HiUs Dr map Florida Avenue Laurel Avenue Wayzata Boulevard Yes 1,100 Commercial X X Minor Collector Collector Golden HiUs Drive Xenia Avenue Turners Crossroad No 3,750 Commercial X X Proposed Minor Arterial Minor Collector CoDector North TH 55 Frontage Rd Douglas Drive Zane Avenue Yes 3,250 Commercial X X Minor Arterial Minor Collector Collector North TH 55 Frontage Rd Zane Avenue Lilac Drive No NA Industrial X X Minor Collector Collector South TH 55 Frontage Rd Douglas Drive Turners Crossroad Yes 1,900 Commercial X X Minor Arterial Minot CoDector Collector Zane Avenue Golden Valley Road North TH 55 Frontage Rd Yes 1,600 Industrial X X Minor Collector Collector Lindsay Street Zane Avenue Lilac Drive Yes 270 Indus & Res X X Minor Collector Collector Lilac Drive (West ofTH North TH 55 Frontage Rd Golden Valley Road No NA Industrial X X Minor Collector Collector 100) Turners Crossroad Glenwood Avenue South TH 55 Frontage Rd Yes 2,900 Residential X X Minor Arterial Minor Collector Collector Lilac Drive (under TH 100) Turners Crossroad South TH 55 Frontage Rd No NA Industrial X X Minor Collector Collector South TH 55 Frontage Rd Lilac Drive Schaper Road No NA Residential X Minor Collector Collector Schaper Road South TH 55 Frontage Rd North TH 55 Frontage Rd No NA X Principal Arterial Minor Collector Collector North TH 55 Frontage Rd Schaper Road Lilac Drive No NA X Indirectly to Principal Minor Collector Collector Arterial Lilac Drive North TH 55 Frontage Rd Golden VaDey Road No 1,065 Industrial X X Indirectly to Principal Minor Collector Collector Arterial Golden Valley Road Lilac Drive CSAH 66 (DulutblGV Rd) No 420 Residential X Minor Arterial Minor Collector Collector Wayzata Boulevard Park Place France Avenue No 4,300 Commercial X X Minor Collector Collector Quentin Avenue Douglas Avenue Wayzata Boulevard No 4,300 Residential X X Minor Collector Collector Meadow Lane TH55 Glenwood Avenue Yes 620 Residential X Principal Arterial Minor Collector CoDector Zenith Avenue 26th Avenue Theodore Wirth Parkway Yes 2,150 Residential X X Minor Collector Collector Culver Road Lilac Drive Noble Avenue Yes 380 Residential X Minor CoDector CoDector ......,... " .' ",. "\'. ... T"'" "", """ """,,,,>.') ..,..... C ~....... ,"..........,. .i' . ". ....... . ....... ....c,...:>,..., .. .... '''''.'',; .....~ " ,. ". . Chanae From Malor Collector to Collector US 169 Winnetka Avenue Yes 6,000 Commercial & X X Principal Arterial Major Collector Collector Plymouth Avenue Residential Boone Avenue Plymouth Avenue TH55 Yes 8,200 Commercial X X Principal Arterial Major Collector Collector Belly Crocker Drive US 169 General MiUs Boulevard Yes 4,450 Commercial X X Principal Arterial Major Collector Collector General Mills Boulevard TH55 Belly Crocker Drive Yes 7,200 Commercial X X Principal Arterial Major Collector Collector Lilac Drive Yes 8,000 Commercial & X X Minor Arterial Major Collector Collector Golden Valley Road Winnetka Avenue Residential Duluth Street No NA Commercial & X X Minor Arterial Major Collector Collector Lilac Drive Golden Valley Road Residential Noble Avenue Golden Valley Road 34th Avenue Yes 4,200 Residential X X Minor Arterial Major CoDeclor Collector Theodore Wirth Parkway Glenwood Avenue ICily Xerxes Avenue No NA Park X X Principal Arterial Major Collector Collector limits Plymouth Avenue Theodore Wirth Parkway Xerxes Avenue No NA Park X X Collector Major Collector CoDector 'c;", .'," ...' ... .... i: :i:. ...:. " ,. .. .,.', "., , ,c;- 'Y'.'. '., ;, ><. ..... '/'. ..,.. ":'.,''': .'. '. "',,'" " Chanae From Malor Collector Street Minor Arterial Major CoDector Minor Arterial Consistent wi St L Pk plan Xenia Avenue 1-394 Glenwood Avenue Yes 13,700 Commercial X X Principal Arterial for Park Place NA = ADT Not Available C:\UI9r1\jollveMpp09Ia\locallMlcr08Ol1\WIndows\T emporay lnlemet AIe6\ConI8fIt.Oullook\U{JETVEBZ\Func Class Chllrlg& list 11 20 09 Functional Class Descriptions (Metropolitan Council 2030 Transportation Policy Plan) Criteria Local Street Collector Arterial Principal Arterials Interconnect neighborhoods and minor Supplementary connections to metro centers Interconnection between metro centers and Place Interconnect blocl<s within residential business concentrations. Provide and regional business concentrations. Provide regional business concentrations, important neighborhoods and land parcels within supplementary interconnection of major interconnection of major traffic generations Connections commerclallindustrial developments. generations within the metro center and within the metro center and regional business transportation terminals and large institutional reaional business concentrations. center. facilities. Metro centers and regional business Metro centers and regional business Spacing As needed to access land use. concentrations: 1/8 -1/2 mile. Fully developed concentrations: 1/4 - 3/4 mile. Fully developed Developed area 2-3 miles. Developing area 2- area: 1/4 - 3/4 mile. Developing area 1/2 - 1 6 miles. mile. area: 1/2 - 1 mile. Developing area 1-2 miles. Maintain at least 15 mph average speed during Management peak periods in metro center and regional Maintain at least 4O-mph average speed during '"' business concentrations. 20 mph in fully peak-traffic periods ..,; developed areas. 30 mph in developing areas. Connects to other interstate freeways, other Sometimes to Interstate freeways and other Connects to most Interstate freeways and principal arterials, and selected minor arterials. System To a few minor arterials. To collectors and Connections between principal arterials should Connections other local streets. principal arterials. To minor arterials, other other principal arterials, other minor arterials, be designed such that vehicles are not collectors, and local streets. collectors, and some local streets. required to stop. Access spacing should be 1-2 miles. Trip Making Short trips under 2 miles in length at low Short trips of 1-4 miles in length. Longer trips Medium to short trips of 2-6 miles In length. Trips greater than 8 miles with at least 5 Service speeds. Longer trips access higher functional to access arterial network. Longer trips access prinCipal arterials. continuous miles on principal arterials. class roads. Mobllltyv. Land Emphasis on land access. DIrect access Equal emphasis on mobility and land access. Emphasis on mobility rather than land access. DIrect land access predominately to developed Emphasis on mobility rather than land access. Access primarily to residential use. concentrations. No direct land access allowed. System Mileage Should make up 65-80% of system network. Should make up 6-10% of system network. Should make up 15-25% of system network. Should make up 6-10% of the system network. Percent of . Vehicle Miles 10-30% of Total VMT 5-10% of Total VMT 65-80% of Total VMT 40-65% of Total VMT Traveled IVMTI Intersections As reauired. Four-way stops and some traffic slanals Traffic slanals and cross-street stops Should be arade separated. Parklna Permitted as necessary. Restricted as necessary. Restricted as necessary. None Laroe Trucks Permitted as necessary. Restricted as neceSsary. Restricted as necessarY. No restrictions Management Number of lanes, traffic signal timing, land Traffic signal coordination and spacing. Land Ramp metering, preferential treatment for Intersection control, cul-de-sacs, diverters. access management/control. Preferential Tools access management. treatment for transit. trensit, interchange spacing Vehicles Carried Less than 1,000 1,000 - 15,000 5,000 - 30,000 25,000 - 200,000 Dally Posted Speed 30mph Maximum 3O-40mph 35-45mph 45-55mph Limit Rlaht of Way 50-80 feet 60-100 feet 60-150 feet 300 feet Transit Normally bus routes in non-residential areas. Cross-sections and geometries designed for Preferential treatment where needed. Priority access and movement during peak Accommodations use by regular route buses. periods. Source hllD:f/www.melrocouncll.oraIDlannlnoflransDOrtationlFuncRdwvClassfConectorsLocaIStreets Ddf hllD:I/www.metrocouncll.oraIDlannlnallransDOrtationlFuncR hllD:f/www metrocouncil.oraIDlannlna""ansDOrtationlFuncR dwvClasslMlnorAr\ertaIs.Ddf dwvClassfPrinclDalArterlals Ddf C:IU..rs\jcloncy\AppOot.llocollMlcrosofllw_r.mpomry Int.mot Flles\Contant.OuIIookllWS7XTWl\Functlonol CIe.. Crilarle City of Golden Valley Public Works Department 7800 Golden Valley Road Golden Valley. MN 55427-4588 763-593-8030 www.ci.golden-valley.mn.us f"- Ii ~ ,..... I I __ I =- j"u..=:i """ j 10", I,. - ,- It! . ;"'0: l_., (. !.Jb ! - ") i ~ '-' i - - ! -- ,...:: ---..... . _. I ....'C...~ l, , ..~.i I 00, ~."", I"~ 'i I ! II PROPOSED ! - ! FUNCTIONAL CLASSIFICATION - CHANGES 'EI\' 1I0l'E L I_CllYIO::"~__'~i;;;;..._.1 ,_._-" -- ~ c::' ' .....-.. I i .J.- cn' 01' CI< YST,\1. 1...- '""= _C~J I i I ! ,,--", ~l""" 1 'fi-"'. '....v I ._M ; . . I l_M ". I --- r ! CIIY Of ROBBINSIl.\1 Ii I I' , I \ I \ ;/~ ~, , I ,''' .l' I ,_., ~....,.... Changes to Consider ~ major collector to local street - local street to collector - minor collector to collector - major collector to collector - major collector to minor arterial i t- i , \ --I I - i "'=' r~" 11___' ~~-- S~'VSchool ... F_ Medicm Lake ,...... I l J i 11.......1 'I ~ "~III "Ii I I i~ #,#.. { i ~ l.i=:1 ==. /, -",-,- ~.....~ "".. NfJIu,.A/M i-+-..., 1 ...,'~ , - "'" ,..... A_ +. .~ ..... I i .- I_ i I I !.I~. --.... i 1,,_ I 1 - Ii'" rl I I --~ t I ....-". -- --.- ......,...... Ii.. 'It ___ '_....., .... -~ f ~_.. i ...."....' ......~ .. PM .. +, .... ....... . /--. P... I ;,' \'" ........ .J o '- -.: '" z z ;;; .l- iO ,. .:.... !~t - Streets (no change proposed) Private Streets Other Agency's Jurisdiction ~l-~~~ -----... - P... ! \ I ~..~ I '-- Date: December 2009 Print Dale: 121112Al9 Sources: Hennepin County Surveyors Omce for Propefty Unes (2009). City of Golden Valley for all other layers. ........ 100 ,,eoo 2~ F... N A ~~.... i i ,-. , '":-:< 1 --~... 1 '. .J"'....., 1 .:::::. -- ...c..... -. ~. '- , I- I-I . ,.... .J'" .....,.".A__ T " AI#InIt i ' I ...... "'" ~l - ! ;--.. ~j I i . -.. . · Ii; i ; '"'='~.~' .~I)I 1 \~~~.~... \ I' ". "'. "'" I '1 Westwood I Lake I I ...... " , ... I ~ f I --, :-C ~ .-.,~ - ! --...-- .=.. '- -.:;- ....... -- -- ; I 1 t , 'lC"__ 6 '" .'- }L .... 0 '- --.: OJ Z Z -' - - -... - 1-' ~4~'C' i I I . -- I;;; . ~ ~ I r 0 \ ........ ........., ~ ~. ,- '...... Nottf:~, 'ltlll&1II t U .~ ~, ". --...... - r:... e -~.;\ { J_..,i I r J :::: '-.,.. P'" Brownie Lake alley m n Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8, 2009 Agenda Item 4. A. Proposed Ordinance Amendment - Stormwater Management - 2nd Review Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Eric Eckman, Public Works Specialist Summary Attached is the draft Stormwater Management Ordinance for review. The draft ordinance was first discussed at the May 12, 2009 Council/Manager meeting, and was revised based on the comments and recommendations heard at the meeting. The draft ordinance was reviewed by the City attorney in April and November 2009. Staff has the following responses to the attorney's November comments, which address Council's questions from the May 2009 meeting: 1. The Definitions section has been moved to precede the General Provisions section in Subdivision 2, and is supported by the City attorney. 2. As recommended by the attorney, the definition of "permit" has been left as is, eliminating the need to define "stormwater management permit." 3. As advised by the attorney, staff has defined "stormwater management facilities." The definition is consistent with its usage by Minnesota Pollution Control Agency, Bassett Creek Watershed Management Commission (BCWMC), and Minnehaha Creek Watershed District. 4. As advised by the attorney, in Subdivision 4(B), Application Submittal Requirements, the word "shall" has been retained. 5. The list of plan standards in Subdivision 4(B)(5), Stormwater Management Plan and Narrative, has been removed from the ordinance and will be maintained separately by the City Engineer's office. This list of standards changes from time to time and staff recommends that the standards not be the cause of ongoing code revisions. This approach is consistent with other ordinances involving development applications. Staff recommends accepting the revised ordinance as proposed, with the exception of Subdivision (5)(C), Buffers. This section on buffer requirements was intentionally left blank to allow Council to consider the information and alternatives presented herein and to provide further direction to staff. The following is a brief discussion on the City's experience with buffers and maintenance agreements involving stormwater quality treatment facilities: 1. The City currently maintains 19 natural buffers around public ponds and wetlands through an annual contract with a professional native vegetation management firm. 2. Consistent with City and BCWMC policies, the City encourages the creation of natural buffers through education and consultation with private property owners. Examples are found at the Minneapolis Clinic of Neurology and several properties located on creeks, lakes, and wetlands throughout the City. 3. The City is responsible for managing maintenance agreements with private property owners on over 50 stormwater quality treatment facilities. Such facilities include ponds, rain gardens, filtration basins, and environmental manholes, and activities such as street and parking lot sweeping. Many of the facilities have natural buffers. The agreements, most of which coincide with development or redevelopment projects, are drafted by the City, signed by all parties, and recorded with Hennepin County. A very low percentage of owners have met their annual reporting obligations under the agreements, and staff has not had the resources to develop a formal inspection and enforcement program. 4. The City manages the conservation easement which was placed over 26 private properties in the Hidden Lakes development. Staff estimates that 20 hours are spent annually to educate residents, inspect properties, and enforce the requirements set forth in the conservation easement. Twelve of the twenty-six properties are adjacent to public water. 5. In meeting its NPDES program goals and requirements, the City currently inspects 64 public ponds and wetlands and 138 stormwater outfalls for illicit discharge and general maintenance issues, in addition to inspecting 321 sump structures, skimmers, and environmental manholes. 6. Staff foresees the continued creation of natural buffers on City projects involving public waters and also on private projects through education, permit provision, and application of BCWMC policies with respect to its requirements for improvements and development proposals. In order to effectively manage the creation and annual inspection of natural buffers in the future, staff estimates the following resources: Item Estimate To establish the buffer, including educating 16 hours of staff time per site. the applicant, developing and recording the maintenance agreement or conservation easement, reviewing the plan, and inspecting the buffer. To perform annual inspections, including 3 hours of staff time per site. enforcement of aqreements or easements. Additional fees, as required by each project, Fees per buffer will vary and are unknown at including recording of the agreement or this time. easement, survey of property lines, wetland delineation, purchase of monument/sign, placement and installation of monument. Staff offers for consideration the following alternatives for the buffer requirement. In parentheses is the impact or effect of each alternative when applied to development during the past 10 years. Development in this case is building permits and grading permits issued by the City and public improvement projects constructed by the City between 1999 and 2008 (staff will provide a map depicting this information at the meeting): Alternative 1 - Status Quo Continue to cooperate with BCWMC in educating, encouraging, or requiring property owners and developers to create buffers consistent with City and BCWMC policies. (Approximately 80 public and private facilities were created, most with buffers, that need to be maintained, inspected, or agreements enforced. In addition, 26 lots in the Hidden Lakes neighborhood are included in conservation easements and are monitored on an as-needed basis.) Alternative 2 Require buffers on all permitted projects disturbing soils immediately adjacent to a wetland, creek, or pond. (Adding this requirement to the status quo would add another 33 buffers, many of which include shoreline stabilization projects with direct benefits to Bassett Creek and Sweeney Lake.) Alternative 3 Require buffers on all new building construction and additions in any zoning district (except accessory structures less than 400 square feet) where a wetland, creek, or pond intersects some portion of the property. (Adding this requirement on top of the previous two would add another 33 buffers.) Exemption With any of these alternatives, an exemption would be made for projects that incorporate a pond, rain garden, filtration basin, or infiltration basin into the architectural design of the building. The exemption does not relieve the owner from creating buffers around wetlands or ponds elsewhere on the property, which might be impacted by disturbed soils. Significant progress has been made in the creation of buffers in the past 10 years, and it is anticipated that more buffers will be created in the future without increased regulation. As a result, staff recommends that Alternative 1 - Status Quo be selected for the buffer requirement, and that the draft ordinance be accepted as proposed. Attachments Section 4.31: Draft Stormwater Management Ordinance - redline version (17 pages) Section 4.31: Draft Stormwater Management Ordinance - clean version (16 pages) 94.31 -Dan Petrik, Barr Engineering, did considerable work on the draft ordinance and turned it over to City staff to edit and complete in March 2009. -City Attorney reviewed draft in April 2009 and those comments were included in the draft that went to City Council at Council/Manager meeting 5/12/09. All revisions agreed to by Council on 5/12/09 were accepted and are shown in black text. -Red text shows changes made after 05/12/09 meeting as a result of Council comments and recommendations. Strikethrough text is a deletion. Underline text is an addition. -City Attorney reviewed draft in November 2009. -Blue text shows changes made after City Attorney's November review. Section 4.31: Stormwater Management Subdivision 1. Statutory Authorization and Purpose A. Statutory Authorization. This Ordin~ncc Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 1038 and 462. 8. Findings. The City of Golden Valley finds that uncontrolled Stormwater runoff and construction Site erosion from land Development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. C. Purpose. The general purpose of this Ordin~ncc Section is to establish regulatory requirements for land Development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction Site erosion and post-construction Stormwater runoff. Subdivision 2. Definitions and General Provisions and Definitions (staff note: definitions have been moved before general provisions) A. Definitions. The following terms are defined for purooses of this section as set forth below. Terms not defined in this section shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this section, the words "must" and "shall" are mandatory and not permissive. 1. Administrator: The individual responsible for overseeing the requirements of the City Code for purposes of this section of this code; the Administrator shall be the City Engineer or his/her designee. 2. Alteration: Any change or modification of land, water, vegetation or existing structures. 3. Applicant: A Permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. Applicant also Golden Valley City Code Page 1 of 17 94.31 means that person's agents, employees, and others acting under that person's direction. 4. Bassett Creek Watershed Management Commission or BCWMC: The watershed management organization established by a joint powers agreement between nine (9) member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the forty (40) square mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. 5. Best Management Practices or BMPs: Erosion and Sediment Control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction-phasing, minimizing the length of time Soil areas are exposed, prohibitions, and other management practices published by state or designated area wide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council 2001, State of Minnesota Stormwater Manual, MPCA 2005, Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992, and Erosion Control Handbook, Minnesota Department of Transportation 2002. 6. Calculated High Water Level: The peak elevation calculated for a one hundred (100)-year precipitation or snowmelt runoff event. 7. Development: The construction, installation or Alteration of any structure; the extraction, filling, clearing or other Alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land pursuant to the City Code. 8. Earth Material: Any rock, natural Soil or fill or combination thereof. 9. Erosion: The wearing away of Soil by rainfall, surface water runoff, wind, or ice movement. 10. Erosion Control: Methods employed to prevent erosion. Examples include Soil stabilization practices, horizontal slope grading, temporary or Permanent Cover, and construction phasing. 11. Final Stabilization: The establishment of Permanent Cover on the entire Site. 12. Floodplain: Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a Regional Flood. Golden Valley City Code Page 2 of 17 94.31 13. Grade: The vertical location of the ground surface. 14. Grading: Any land disturbance or landfill, or combination thereof. 15. Illicit Connections: An illicit connection is defined as either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyance which allows any non-Stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or b. Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 16. Land Disturbance or Land-Disturbing Activities: Any land change that may result in Soil erosion from water or wind and the movement of Sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing Soil cover (both vegetative and non- vegetative). Land-disturbing activities include clearing and grubbing, grading, excavating, transporting Earth Material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Subdivision 4(A) are not considered land-disturbing activities. 17. Minnehaha Creek Watershed District or MCWD: The MCWD issues permits for erosion control and stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. 18. National Pollutant Discharge Elimination System or NPDES Program: The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301,318, 402, and 405 and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. 19. Owner: Includes fee Owner, contract purchaser, and lessee for whom construction is being undertaken. 20. Permanent Cover: Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. Golden Valley City Code Page 3 of 17 94.31 21. Permit: An official document or certificate issued by the City of Golden Valley authorizing performance of a specified activity. 22. Permittee: An Applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. 23. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. 24. Sediment: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 25. Sediment Control: Methods employed to prevent Sediment from leaving the Site. Sediment Control practices include silt fences, Sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 26. Site: A parcel or parcels of real property owned by one (1) or more than one (1) person, which is being or is capable of being developed as a single project. 27. Soil: The unconsolidated mineral and organic mineral material on the immediate surface of the earth. 28. Stabilized: The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Ground surface which has been seeded is not Stabilized. 29. Stormwater: Precipitation runoff, Stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction Site dewatering and Sump Discharge. 30. Stormwater Management Facilities: Structural and non-structural components of the Stormwater management system associated with the qualitv and quantity of Stormwater runoff. 31. Stormwater Management Plan. A plan which describes how Stormwater runoff and associated water quantity and water quality impacts resulting from the proposed Development project will be controlled and managed. The pl~n must sho'!.' the loc~tion ~nd type of m~n~gement pr~ctices or equiv~lent me~sures designed to control surface runoff ~nd erosion ~nd to ret~in sediment on ~ p~rticulDr site during the Golden Valley City Code Page 4 of 17 94.31 period in 'which pre construction ~nd construction related I~nd disturb~nces, fills ~nd soil stor~ge occur, and ~fter ~II other pl~nned structures ~nd perm~nent improvements h~ve been erected or inst~lIed. Unless '/.~ived by the Administr~tor, the pl~n must be signed by ~ licensed profession~1 engineer ("rE") or landsc~pe ~rchitect, who will 'v'erify that the design of ~II stormwater m~n~gement pr~ctices meets the requirements of the City's Surf~ce \^,~ter ~1~n~gement rl~n ("S\^,~1r"), the requirements of this ordin~nce, ~nd the requirements of the ~ppropri~te w~tershed m~n~gement org~niz~tion. 32. Stormwater Management System: The combined pPublic and/or private systems of collecting, conveying, storing and treating Stormwater runoff. The system includes ~ v.ide v~riet'f of components including, but not limited to, streets, curbs, gutters, ponds, c~tch b~sins, pipes, n~tur~1 ~nd constructed dr~in~gew~ys, infiltration b~sins, I~kes ~nd creeks. 33. Stormwater Pollution Prevention Plan or SWPPP: A plan for Storm water discharge that includes erosion prevention measures and Sediment Controls that, when implemented, will decrease Soil erosion on a parcel of land and decrease off site nonpoint pollution. 34. Sump Discharge: Water that has been filtered through the ground or Soil layers resulting in clear water. Sump Discharge is not considered Stormwater. 35. Surface Waters: All streams, lakes, ponds, marshes, Wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. 36. Temporary Erosion Protection: Methods employed to prevent erosion before final stabilization. Examples include; erosion netting, wood fiber blanket, wood chips and silt fence. 37. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subd. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated Soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. B. Responsibility. Neither the issuance of a Stormwater Management Permit nor compliance with its conditions or the provisions of this Ordin~nce Section, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any Permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A Permit issued pursuant to this Ordin~nce Section shall not relieve the Permittee of the Golden Valley City Code Page 5 of 17 94.31 responsibility of complying with any other requirements established by law, regulation or ordinances. C. Abrogation and Greater Restrictions. It is not the intention of this Ordin.:lnce Section to repeal or abrogate any existing grading, drainage and erosion control or Stormwater management policies or Permits issued under pre- existing Section 4.31, which Permits shall continue in full force and effect; however, where this section imposes greater restrictions, the provisions of this section shall prevail. D. Compatibility and Compliance with other Regulations. This Ordin.:lnce Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this Ordinance Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this Ordin.:lnce Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. E. Application to all Water Entering System. This Ordin.:lnce Section shall apply to all water entering the City's Stormwater management system from any land within the City. F. Responsibility for Administration and Waivers. The Administrator shall administer, implement, and enforce the provisions of this Ordin.:lnce Section. Any powers granted or duties imposed upon the Administrator by this Ordin.:lnce Section may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this Ordin.:lnce Section. Subdivision 3. Permit Authority for Land-Disturbing Activities A. City of Golden Valley. The City of Golden Valley is the permitting authority for land disturbing activities within the boundaries of the BCWMC and the MCWD. The City may issue a Stormwater Management Permit approving land disturbing activities in these areas. B. Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects listed in the document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the Applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. Golden Valley City Code Page 6 of 17 94.31 C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for land disturbing activities in excess of five thousand (5,000) square feet within the MCWD boundaries. Where required, the MCWD Permit is in addition to a Permit required by the City of Golden Valley. D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES Permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to Permits required by the City of Golden Valley and the MCWD. Subdivision 4. City of Golden Valley Stormwater Management Permit A. Activities Requiring a City of Golden Valley Stormwater Management Permit. 1. Land-disturbing activities which remove Soils or vegetation, including but not limited to clearing, digging, dredging, draining or filling. Any of the following activities shall require a Stormwater Management Permit: a. Any kind disturbing activities which rcmovc disturb Soils or vegetation in excess of four thousand (4,000) square feet. b. Any activity rcquiring <:l building pcrmit that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c. Construction or demolition of a swimming pool. d. Construction or demolition of a retaining wall of sufficient height to require a building Permit. e. Any land disturbing activities within City right-of-way that have a duration greater than seventy-two (72) hours. f. Cutting, filling, disposal, hauling in, or storage of more than thirty (30) cubic yards of m<:ltcri<:ll Soil. g.Inst<:lll<:ltion of undcrground utilitics including s<:lnit<:lry scwcr, w<:ltcr, storm sC'.vcr, g<:l5, clcctric, c<:lblc, fibcr optic <:lnd telcphonc. g. Construction, reclamation, expansion, removal or modification of a parking lot. h. Construction, expansion or modification of a Stormwater quality treatment facility or Stormwater BMPs. i. Any land disturbing activities within the 100-year floodplain or Calculated High Water Level of any water body, or immediately Golden Valley City Code Page 7 of 17 94.31 adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. j. Those activities required to meet "Levell standards" and "Nondegradation standards" of the BCWMC as set forth in the current version of BCWMC's Requirements for Improvements and Development Proposals as amended from time to time. 2. The following activities may be undertaken without a Stormwater Management Permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. B. Application Submittal Requirements. Each City of Golden Valley Stormwater Management Permit application shall include thc follo'/v'ing itcms unlcss w<:lived by the Administr<:ltor. Ttwo (2) sets of plans and supporting documentation and one (1) electronic copy of the plans and supporting documentation sh<:lll be submitted '.vith each <:lpplic<:ltion. The following items ~ shall be reauired with each application. except to the extent waived by the Administrator: 1. Completed application forms and fees required by the City and BCWMC. 2. Provision made for financial securities as required in Subdivision 4(F). 3. Copies of Permits or Permit applications required by other jurisdictions. 4. Existing Site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. 5. Stormwater Management Plan and Narrative. Plans must be prepared to City standards..., including: iT.- Project description. The n<:lture <:lnd purpose of the l<:lnd disturbing <:lctivity <:lnd the <:lmount of gr<:lding im/olved. tr. Ph<:lsing of construction. The proposed st<:lges of gr<:lding, utilities, <:lnd building construction. 6 Adj<:lcent <:lre<:ls. A minimum of one hundred (100) feet beyond the project site bound<:lries including neighboring stre<:lms, l<:lkes, residential are<:lS, ro<:lds, etc., which might be <:lffected by the l<:lnd disturbing <:lctivity. Golden Valley City Code Page 8 of 17 94.31 th Erosion and sediment control measures. ~~ethods to be used to control erosion and sedimentation on the site, both during and after the construction process. ~ Permanent cover. How the site will be stabilized after construction is completed, including specifications. f.;- ~~aintenance. Schedule of regular inspections and repair of erosion and sediment control structures. ~ A narrative describing the nature and purpose of the land disturbing activities, the amount of grading involved and other project information describing activities on the above identified maps. &;- Soil Engineering Report h Engineering Geology Report &- Work schedule 9-;- Tree Preservation Plan 10.A Wetland Buffer and Planting Plan l1.Construction plans and specifications for all proposed permanent storm'n'ater management facilities. 12.AII hydrologic, hydraulic, and other computations necessary to design the proposed storm'Nater management facilities 13.AII exhibits required by BCW~~C 14.Any supplementary material required by the Administrator 1S.Estimate of costs necessary to execute the Storm'l.'ater ~~anagement Plan C. Application Review Process and Permit Approval. 1. Pre-Review, The Administrator shall make a determination regarding the completeness of a Permit application within fifteen (15) business days of the receipt of the application and notify the Applicant if the application is not complete. Incomplete applications .....i11 not be considered and shall may result in automatic denial of the Permit. 2. Permit Review and Decision. Both the City and the appropriate watershed management organizations review Permit applications. The Administrator shall notify the Applicant of Permit approval or denial within sixty (60) days of receipt of a complete application. Golden Valley City Code Page 9 of 17 94.31 3. Permit Approval. Upon approval of the application, the Administrator shall issue a Permit. 4. Permit Denial. If the Administrator determines that the application does not meet the requirements of this Ordin~ncc Section, the application will be denied. All land use and building Permits shall be suspended until the Applicant has an approved Permit. 5. Plan Modifications. The Applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a. There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface or ground waters. b. Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface or ground waters or that the discharges are not meeting water quality standards; or c. The plan is not achieving the general objectives of minimizing pollutants in Stormwater discharges associated with construction activity. 6. Permit Duration. Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and Soil storage takes place or is scheduled to take place. The Permittee shall commence permitted activities within sixty (60) days of the issuance of the Permit for grading or the Permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The Permit will expire or terminate when: a. The Site has been Stabilized and approved by the Administrator; or b. There has been one hundred eighty (180) days of inactivity. D. Performance Standards. 1. All grading material and Soil however placed on a grading Site shall remain within the limits of the grading Site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property Owners and the Administrator. Golden Valley City Code Page 10 of 17 ~ 4.31 2. Projects disturbing an area of ten thousand (10,000) square feet or more shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. 3. Projects required to meet "Levell standards" and "Nondegradation standards" of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. E. Applicant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the Permit requirements. The City may conduct inspections as needed to ensure that both erosion and Sediment Control and Stormwater measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The Applicant shall notify the City a minimum of seventy-two (72) hours prior to the following required City inspections: a. Initial Inspection - when all erosion and Sediment Control BMPs are installed. This inspection must be completed before a building Permit can be issued. b. Project Complete Inspection - when the project is complete including, but not limited to, final grading, installation of all Stormwater Management Facilities, and final stabilization measures are complete. One-year warranty begins after inspector approves project. c. Warranty Inspection - completed one (1) year later to confirm that permanent Site stabilization methods have been successful and vegetation, has been established. 2. Reporting. The Applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a. There are delays of more than seven (7) days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b. There are delays of seven (7) days in land disturbing or filling activities or Soil storage. c. The work is not being done in conformance with the approved plans and Permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. Golden Valley City Code Page 11 of 17 94.31 3. Right of Entry. The issuance of a Permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The Applicant shall allow the City and its authorized representatives, to: a. Enter the permitted Site for the purpose of obtaining information, examining records, conducting investigations or surveys; b. Bring such equipment on the Site as is necessary to conduct such surveys and investigations; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted Site; d. Inspect the Stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to Stormwater pollution control measures; f. Correct deficiencies in Stormwater and erosion and Sediment Control measures consistent with Subdivision 4(G)(5-6) of this Ordin~lncc Section. F. Financial Security. 1. Amount and Type. The Applicant shall provide security for the performance of the work described and delineated in the approved Permit in an amount not less than one hundred and fifty percent (150%) of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a. Bond or bonds issued by one (1) or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; or c. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released Golden Valley City Code Page 12 of 17 94.31 one (1) year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. 3. Reduction of Security. The Applicant may have the option to reduce the security one (1) time within the first twelve (12) months of the issuance of the Permit, and thereafter, one (1) time within any twelve (12) month period, which period shall commence on the anniversary date of the issuance of the Permit and shall end on the day preceding the anniversary date of the issuance of the Permit. G. Enforcement Actions to Ensure Compliance. 1. Orders. The Administrator may issue an order to modify the approved Permit and stipulate a time frame for compliance per Subdivision 4(C)(5). The Applicant shall comply with said order. 2. Permit Suspension. The Administrator shall suspend the Permit and issue a stop work order if the Administrator determines that the Permit was issued in error, the Applicant supplied incorrect information, or the Applicant is in violation of any provision of the approved plans, the Permit, or this OrdiniJncc Section. The Administrator shall reinstate a suspended Permit upon the Applicant's correction of the cause of the suspension. 3. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the Administrator. 4. Permit Revocation. If the Applicant fails or refuses to cease work as required, the Administrator shall revoke the Permit and the Applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subdivision 4(G)(6) of this OrdiniJncc Section. The Administrator shall not reinstate a revoked Permit. 5. Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project Site or adjacent Sites affected by project failure or to implement actions specified in an order to modify plans and Permit. The City may charge Applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the Applicant's financial security or, in the case where no Permit was issued, payment will be assessed against the property. Golden Valley City Code Page 13 of 17 94.31 6. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and attorney's fees-;-~ a. The Applicant ceases land-disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan-;-.;.. b. The Applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her Permit revoked under this Code-;-.;.. c. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before final stabilization is implemented for the Site or portions of the Site, whichever is later-;-.;.. d. The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the Site-;-; or e. The Applicant fails to establish wetland buffers as described in the Stormwater Permit. 7. Misdemeanor Violation. Any violation of the provisions of this Ordinance Section or failure to comply with any of its requirements shall constitute a misdemeanor. 8. Cumulative Enforcement. The procedures for enforcement of a Permit, as set forth in this Ordin<Jnce Section, are cumulative and not exclusive. Subdivision 5. General Performance Standards A. Lowest Floor Elevation. The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two (2) feet above the Calculated High Water Level of adjacent Wetlands, basins, ponds. and Stormwater Management Facilities, or be structurally flood proofed in accordance with Section 11.60 of the City Code. Calculated High Water Levels shall be determined by the City based on the relevant federal, state, BCWMC, and City studies. B. Setbacks. New principal structures shall be setback twenty-five (25) feet from the following features: 1. A delineated wetland edge. 2. The top of bank of astormw<Jter m<Jnagement f<Jcility pond. filtration basin. or infiltration basin. unless such a feature is incorporated into the architectural design of the building. Golden Valley City Code Page 14 of 17 94.31 C. Buffers. 1. a. b. 2. The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify standards depending on each project Site and goals for the wetland. a. Buffer strips shall be a minimum of ten (10) feet in width beginning at the delineated wetland edge or top of bank of the Stormwater management facility. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed twenty (20) feet in width or twenty percent (20%) of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to Wetlands such as stairways and docks are permitted in the access corridor. d. The buffer shall be placed in a conservation easement dedicated to the City and recorded with Hennepin County. e. Monuments identifying the conservation easement, designed in accordance with City standards, shall be placed everyone hundred (100) feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation shall be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. The Minnesota PCA's manual "Plants for Stormwater Design: Species Selection for the Upper Midwest" provides guidance on buffer plant selection. D. Maintenance of Private Stormwater Management Facilities. 1. No private Stormwater Management Facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such pri'/;Jtc storm'W;Jtcr facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. Golden Valley City Code Page 15 of 17 94.31 2. Owners of private Stormwater Management Facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the stormw~tcr facilities. Subdivision 6. Stormwater and Urban Runoff Pollution Control A. Illegal Disposal. 1. Discarded Materials. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. 2. Landscape Debris. No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. B. Illegal Discharges and Illicit Connections. No person shall cause any illegal discharge to enter the municipal Stormwater system unless such discharge: 1. consists of non-Stormwater that is authorized by an NPDES point source Permit obtained from the MPCA; or 2. is associated with fire fighting activities. No person shall use an illicit connection to intentionally convey non-Stormwater to the City Stormwater system. C. Good Housekeeping Provisions. Any Owner or occupant of property within the City shall comply with the following good housekeeping requirements: 1. Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This section shall apply to both actual and potential discharges. For swimming pools, y..~tcr should bc ~lIowcd to sit the chlorination svstem should be susoended for seven (7) days to allow for chlorine to evaporate before discharge to the Owner's orooertv or into the storm sewer system to thc s~nit~ry sewer system. If fungicides h~\fe been used, .....~ter must bc tcsted ~nd ~pproved for disch~rge to the w~ste w~ter treiJtment pl~nt. 2. Runoff Minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is Golden Valley City Code Page 16 of 17 94.31 prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City's Code. 3. Storage of Materials, Machinery, and Equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges D. Removal of Debris and Residue. 1. All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. 2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal Site and shall not be placed in a trash container. Subdivision 7. Responsibility for Stormwater Drainage on Private Property A. Responsibility. Property Owners are responsible for Storm water drainage on private property. The City assumes responsibility for drainage when Stormwater runoff enters the City's right-of-way or storm sewer system. B. Technical Assistance. Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. C. Petition. Property Owners may petition the City for public improvements to correct a drainage problem on private property. D. Costs. Property Owners are responsible for paying all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. E. Assessment. Project costs will be assessed to each property contributing flow to the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessment policy. Golden Valley City Code Page 17 of 17 ORDINANCE NO. 2ND SERIES AN ORDIANCE AMENDING THE CITY CODE Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4: 31: Stormwater Management Section 1. City Code, Chapter 4, Section 4.31 entitled "Grading, Drainage, and Erosion Control" is hereby repealed in its entirety. Section 2. City Code, Chapter 4 is hereby amended by adding a new Section 4.31, entitled "Stormwater Management", reading as follows: Section 4.31: Stormwater Management Subdivision 1. Statutory Authorization and Purpose A. Statutory Authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462. B. Findings. The City of Golden Valley finds that uncontrolled Stormwater runoff and construction Site Erosion from land Development and Land Disturbing Activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. C. Purpose. The general purpose of this Section is to establish regulatory requirements for land Development and Land Disturbing Activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction Site Erosion and post-construction Stormwater runoff. Subdivision 2. Definitions and General Provisions A. Definitions. The following terms are defined for purposes of this section as set forth below. Terms not defined in this section shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this section, the words "must" and "shall" are mandatory and not permissive. 1. Administrator: The individual responsible for overseeing the requirements of the City Code for purposes of this section of this code; the Administrator shall be the City Engineer or his/her designee. 2. Alteration: Any change or modification of land, water, vegetation or existing structures. 3. Applicant: A Permittee, or any person or entity that applies for any Permit for a project that includes a Land Disturbing Activity. Applicant also means that person's agents, employees, and others acting under that person's direction. 4. Bassett Creek Watershed Management Commission or BCWMC: The watershed management organization established by a joint powers agreement between nine (9) member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the forty (40) square mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. 5. Best Management Practices or BMPs: Erosion and Sediment Control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of Surface Water, including construction-phasing, minimizing the length of time Soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council 2001, State of Minnesota Stormwater Manual, MPCA 2005, Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992, and Erosion Control Handbook, Minnesota Department of Transportation2002. 6. Calculated High Water Level: The peak elevation calculated for a 100- year precipitation or snowmelt runoff event. 7. Development: The construction, installation or Alteration of any structure; the extraction, filling, clearing or other Alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land pursuant to the City Code. 8. Earth Material: Any rock, natural Soil or fill or combination thereof. 9. Erosion: The wearing away of Soil by rainfall, Surface Water runoff, wind, or ice movement. 10. Erosion Control: Methods employed to prevent Erosion. Examples include Soil stabilization practices, horizontal slope Grading, temporary or Permanent Cover, and construction phasing. 11. Final Stabilization: The establishment of Permanent Cover on the entire Site. 12. Floodplain: Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a Regional Flood. 13. Grade: The vertical location of the ground surface. 14. Grading: Any Land Disturbance or landfill, or combination thereof. 15. Illicit Connections: An illicit connection is defined as either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyance which allows any non-Stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or b. Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 16. Land Disturbance or Land-Disturbing Activities: Any land change that may result in Soil Erosion from water or wind and the movement of Sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing Soil cover (both vegetative and non- vegetative). Land-Disturbing Activities include clearing and grubbing, Grading, excavating, transporting Earth Material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Subdivision 4(A) are not considered Land-Disturbing activities. 17. Minnehaha Creek Watershed District or MCWD: The MCWD issues Permits for Erosion Control and Stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. 18. National Pollutant Discharge Elimination System or NPDES Program: The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing Permits under the Clean Water Act, Sections 301,318, 402, and 405 and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. 19. Owner: Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. 20. Permanent Cover: Final Stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. 21. Permit: An official document or certificate issued by the City of Golden Valley authorizing performance of a specified activity. 22. Permittee: An Applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. 23. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. 24. Sediment: The product of an Erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 25. Sediment Control: Methods employed to prevent Sediment from leaving the Site. Sediment Control practices include silt fences, Sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 26. Site: A parcel or parcels of real property owned by one (1) or more than one (1) person, which is being or is capable of being developed as a single project. 27. Soil: The unconsolidated mineral and organic mineral material on the immediate surface of the earth. 28. Stabilized: The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents Erosion from occurring. Ground surface which has been seeded is not Stabilized. 29. Stormwater: Precipitation runoff, Stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction Site dewatering and Sump Discharge. 30. Stormwater Management Facilities: Structural and non-structural components of the Stormwater Management System associated with the quality and quantity of Stormwater runoff. 31. Stormwater Management Plan. A plan which describes how Stormwater runoff and associated water quantity and water quality impacts resulting from the proposed Development project will be controlled and managed. 32. Stormwater Management System: Public and/or private systems of collecting, conveying, storing and treating Stormwater runoff. 33. Stormwater Pollution Prevention Plan or SWPPP: A plan for Stormwater discharge that includes Erosion prevention measures and Sediment Controls that, when implemented, will decrease Soil Erosion on a parcel of land and decrease off site nonpoint pollution. 34. Sump Discharge: Water that has been filtered through the ground or Soil layers resulting in clear water. Sump Discharge is not considered Stormwater. 35. Surface Waters: All streams, lakes, ponds, marshes, Wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. 36. Temporary Erosion Protection: Methods employed to prevent Erosion before Final Stabilization. Examples include; Erosion netting, wood fiber blanket, wood chips and silt fence. 37. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subd. F and includes those areas that are inundated or saturated by Surface Water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated Soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. B. Responsibility. Neither the issuance of a Stormwater Management Permit nor compliance with its conditions or the provisions of this Section, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any Permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A Permit issued pursuant to this Section shall not relieve the Permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. C. Abrogation and Greater Restrictions. It is not the intention of this Section to repeal or abrogate any existing Grading, drainage and Erosion Control or Stormwater management policies or Permits issued under pre-existing Section 4.31, which Permits shall continue in full force and effect; however, where this section imposes greater restrictions, the provisions of this section shall prevail. D. Compatibility and Compliance with other Regulations. This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. E. Application to all Water Entering System. This Section shall apply to all water entering the City's Stormwater Management System from any land within the City. F. Responsibility for Administration and Waivers. The Administrator shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the Administrator by this Section may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this Section. Subdivision 3. Permit Authority for Land-Disturbing Activities A. City of Golden Valley. The City of Golden Valley is the permitting authority for Land Disturbing Activities within the boundaries of the BCWMC and the MCWD. The City may issue a Stormwater Management Permit approving Land-Disturbing Activities in these areas. B. Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects listed in the document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the Applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for Land Disturbing Activities in excess of five thousand (5,000) square feet within the MCWD boundaries. Where required, the MCWD Permit is in addition to a Permit required by the City of Golden Valley. D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for Land Disturbing Activities requiring an NPDES Permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to Permits required by the City of Golden Valley and the MCWD. Subdivision 4. City of Golden Valley Stormwater Management Permit A. Activities Requiring a City of Golden Valley Stormwater Management Permit. 1. Land-disturbing activities which remove Soils or vegetation, including but not limited to clearing, digging, dredging, draining or filling. Any of the following activities shall require a Stormwater Management Permit: a. Any activities which disturb Soils or vegetation in excess of four thousand (4,000) square feet. b. Any activity that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c. Construction or demolition of a swimming pool. d. Construction or demolition of a retaining wall of sufficient height to require a building Permit. e. Any Land-Disturbing Activities within City right-of-way that have a duration greater than seventy-two (72) hours. f. Cutting, filling, disposal, hauling in, or storage of more than thirty (30) cubic yards of Soil. g. Construction, reclamation, expansion, removal or modification of a parking lot. h. Construction, expansion or modification of a Stormwater quality treatment facility or Stormwater BMPs. i. Any Land-Disturbing Activities within the 100-year Floodplain or Calculated High Water Level of any water body, or immediately adjacent to any Wetland or public water body, including shoreline restoration and creek bank stabilization. j. Those activities required to meet "Levell standards" and "Nondegradation standards" of the BCWMC as set forth in the current version of BCWMC's Requirements for Improvements and Development Proposals as amended from time to time. 2. The following activities may be undertaken without a Stormwater Management Permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. B. Application Submittal Requirements. Each City of Golden Valley Stormwater Management Permit application shall include two (2) sets of plans and supporting documentation and one (1) electronic copy of the plans and supporting documentation. The following items shall be required with each application, except to the extent waived by the Administrator: 1. Completed application forms and fees required by the City and BCWMC. 2. Provision made for financial securities as required in Subdivision 4(F). 3. Copies of Permits or Permit applications required by other jurisdictions. 4. Existing Site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. 5. Stormwater Management Plan and Narrative. Plans must be prepared to City standards. C. Application Review Process and Permit Approval. 1. Pre-Review. The Administrator shall make a determination regarding the completeness of a Permit application within fifteen (15) business days of the receipt of the application and notify the Applicant if the application is not complete. Incomplete applications may result in automatic denial of the Permit. 2. Permit Review and Decision. Both the City and the appropriate watershed management organizations review Permit applications. The Administrator shall notify the Applicant of Permit approval or denial within sixty (60) days of receipt of a complete application. 3. Permit Approval. Upon approval of the application, the Administrator shall issue a Permit. 4. Permit Denial. If the Administrator determines that the application does not meet the requirements of this Section, the application will be denied. All land use and building Permits shall be suspended until the Applicant has an approved Permit. 5. Plan Modifications. The Applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a. There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface or ground waters. b. Inspections or investigations by Site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface or ground waters or that the discharges are not meeting water quality standards; or c. The plan is not achieving the general objectives of minimizing pollutants in Stormwater discharges associated with construction activity. 6. Permit Duration. Permits issued under this section shall be valid for the period during which the proposed land-disturbing or filling activities and Soil storage takes place or is scheduled to take place. The Permittee shall commence permitted activities within sixty (60) days of the issuance of the Permit for Grading or the Permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The Permit will expire or terminate when: a. The Site has been Stabilized and approved by the Administrator; or b. There has been one hundred eighty (180) days of inactivity. D. Performance Standards. 1. All Grading material and Soil however placed on a Grading Site shall remain within the limits of the Grading Site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. 2. Projects disturbing an area of ten thousand (10,000) square feet or more shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. 3. Projects required to meet "Levell standards" and "Nondegradation standards" of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. E. Applicant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the Permit requirements. The City may conduct inspections as needed to ensure that both Erosion and Sediment Control and Stormwater measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The Applicant shall notify the City a minimum of seventy-two (72) hours prior to the following required City inspections: a. Initial Inspection - when all Erosion and Sediment Control BMPs are installed. This inspection must be completed before a building Permit can be issued. b. Project Complete Inspection - when the project is complete including, but not limited to, final Grading, installation of all Stormwater Management Facilities, and Final Stabilization measures are complete. One-year warranty begins after inspector approves project. c. Warranty Inspection - completed one (1) year later to confirm that permanent Site stabilization methods have been successful and vegetation, has been established. 2. Reporting. The Applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a. There are delays of more than seven (7) days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b. There are delays of seven (7) days in land disturbing or filling activities or Soil storage. c. The work is not being done in conformance with the approved plans and Permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. 3. Right of Entry. The issuance of a Permit constitutes a right-of-entry for the City or its contractor to enter the construction Site. The Applicant shall allow the City and its authorized representatives, to: a. Enter the permitted Site for the purpose of obtaining information, examining records, conducting investigations or surveys; b. Bring such equipment on the Site as is necessary to conduct such surveys and investigations; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted Site; d. Inspect the Stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to Stormwater pollution control measures; f. Correct deficiencies in Stormwater and Erosion and Sediment Control measures consistent with Subdivision 4(G)(5-6) of this Section. F. Financial Security. 1. Amount and Type. The Applicant shall provide security for the performance of the work described and delineated in the approved Permit in an amount not less than one hundred and fifty percent (150%) of the approved estimated cost of performing the described work. The type of the security shall be one (1) or a combination of the following to be determined by the Administrator: a. Bond or bonds issued by one (1) or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; or c. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. 3. Reduction of Security. The Applicant may have the option to reduce the security one (1) time within the first twelve (12) months of the issuance of the Permit, and thereafter, one (1) time within any twelve (12) month period, which period shall commence on the anniversary date of the issuance of the Permit and shall end on the day preceding the anniversary date of the issuance of the Permit. G. Enforcement Actions to Ensure Compliance. 1. Orders. The Administrator may issue an order to modify the approved Permit and stipulate a time frame for compliance per Subdivision 4(C)(5) The Applicant shall comply with said order. 2. Permit Suspension. The Administrator shall suspend the Permit and issue a stop work order if the Administrator determines that the Permit was issued in error, the Applicant supplied incorrect information, or the Applicant is in violation of any provision of the approved plans, the Permit, or this Section. The Administrator shall reinstate a suspended Permit upon the Applicant's correction of the cause of the suspension. 3. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building Permit if requested by the Administrator. 4. Permit Revocation. If the Applicant fails or refuses to cease work as required, the Administrator shall revoke the Permit and the Applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subdivision 4(G)(6) of this Section. The Administrator shall not reinstate a revoked Permit. 5. Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project Site or adjacent Sites affected by project failure or to implement actions specified in an order to modify plans and Permit. The City may charge Applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the Applicant's financial security or, in the case where no Permit was issued, payment will be assessed against the property. 6. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and attorney's fees: a. The Applicant ceases land-disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan; b. The Applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her Permit revoked under this Code; c. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before Final Stabilization is implemented for the Site or portions of the Site, whichever is later; d. The Administrator determines that action by the City is necessary to prevent excessive Erosion from occurring on the Site; or e. The Applicant fails to establish Wetland buffers as described in the Stormwater Permit. 7. Misdemeanor Violation. Any violation of the provisions of this Section or failure to comply with any of its requirements shall constitute a misdemeanor. 8. Cumulative Enforcement. The procedures for enforcement of a Permit, as set forth in this Section, are cumulative and not exclusive. Subdivision s. General Performance Standards A. Lowest Floor Elevation. The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two (2) feet above the Calculated High Water Level of adjacent Wetlands, basins, ponds, and Stormwater Management Facilities, or be structurally flood proofed in accordance with Section 11.60 of the City Code. Calculated High Water Levels shall be determined by the City based on the relevant federal, state, BCWMC, and City studies. B. Setbacks. New principal structures shall be setback twenty-five (25) feet from the following features: 1. A delineated Wetland edge. 2. The top of bank of a pond, filtration basin, or infiltration basin, unless such a feature is incorporated into the architectural design of the building. C. Buffers. 1. a. b. 2. The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify standards depending on each project Site and goals for the wetland. a. Buffer strips shall be a minimum of ten (10) feet in width beginning at the delineated Wetland edge or top of bank of the Stormwater Management Facility. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed twenty (20) feet in width or twenty percent (20%) of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to Wetlands such as stairways and docks are permitted in the access corridor. d. The buffer shall be placed in a conservation easement dedicated to the City and recorded with Hennepin County. e. Monuments identifying the conservation easement, designed in accordance with City standards, shall be placed everyone hundred (100) feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation shall be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. The Minnesota PCA's manual "Plants for Stormwater Design: Species Selection for the Upper Midwest" provides guidance on buffer plant selection. D. Maintenance of Private Stormwater Management Facilities. 1. No private Stormwater Management Facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. 2. Owners of private Stormwater Management Facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the facilities. Subdivision 6. Stormwater and Urban Runoff Pollution Control A. Illegal Disposal. 1. Discarded Materials. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. 2. Landscape Debris. No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. B. Illegal Discharges and Illicit Connections. No person shall cause any illegal discharge to enter the municipal Stormwater system unless such discharge: 1. consists of non-Stormwater that is authorized by an NPDES point source Permit obtained from the MPCA; or 2. is associated with fire fighting activities. No person shall use an illicit connection to intentionally convey non-Stormwater to the City Stormwater system. C. Good Housekeeping Provisions. Any Owner or occupant of property within the City shall comply with the following good housekeeping requirements: 1. Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This section shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven (7) days to allow for chlorine to evaporate before discharge to the Owner's property or into the storm sewer system. 2. Runoff Minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City's Code. 3. Storage of Materials, Machinery, and Equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges D. Removal of Debris and Residue. 1. All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. 2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal Site and shall not be placed in a trash container. Subdivision 7. Responsibility for Stormwater Drainage on Private Property A. Responsibility. Property Owners are responsible for Stormwater drainage on private property. The City assumes responsibility for drainage when Stormwater runoff enters the City's right-of-way or storm sewer system. B. Technical Assistance. Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. C. Petition. Property owners may petition the City for public improvements to correct a drainage problem on private property. D. Costs. Property owners are responsible for paying all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. E. Assessment. Project costs will be assessed to each property contributing flow to the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessment policy. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violationlf and Section 4.99 entitled "Violation a Misdemeanorlf are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this day of , 2010. IS/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk alley d Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8,2009 Agenda Item 4. B. Proposed Ordinance Amendment - Section 11.03 - "Average Grade" and "Building Height" Definitions Prepared By Joe Hogeboom, City Planner Summary In 2008, a contradiction was discovered between the definition of "building height" in City Code and the City's official survey requirements. Currently, City Code states that when a building has been removed from a lot, the average grade of the new structure must be the same, or no more than one foot above, the average grade of the preexisting structure. However, the City generally requires the garage floor elevation of new structures to be at least two feet above the centerline elevation of the street. This guideline has been established to help control grading and flooding issues that may occur if a garage is located down-slope from a street. Staff is proposing to amend the City's definitions of both 'average grade' and 'building height'. The proposed changes will create agreement between City Code and City survey requirements. The proposed changes to the definitions of 'building height' and 'average grade' coincide with the revision of the City's Stormwater Management Ordinance. Staff feels that the proposed changes will make both definitions easier to comprehend as well as make other se<:;tions of City Code more efficient to administer. Staff seeks Council's direction in the revision of these definitions. Attachment Draft Ordinance Amending 11.03, Definition 8.5 "Average Grade" and Definition 12 "Building Height" (2 pages) ORDINANCE NO. ,2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 11.03, Definition 8.5 "Average Grade" and Definition 12 "Building Height" The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 11.03, entitled "Definitions" number 8.5 "Average Grade" is amended to read: 8.5 Average Grade: The average ground elevation of a house or structure taken at three (3) points along a building line facing a street. If the house or structure faces more than one (1) street, the average grade shall be for all sides facing a street. The qrade or averaqe qrade of a lot is established at the time of subdivision approval by the City. If the qrade or average grade was not established at the time of subdivision approval by the City, the City Enqineer, in coordination with the Buildinq Official, shall establish the averaqe qrade prior to construction of the structure. In the case where a house or structure has been removed from a lot for the construction of a new house or structure, the averaqe qrade for the new house or structure shall be no more than one (1) foot hiqher than the qrade or averaqe grade that existed for the house or structure that was removed. However, when drainaqe issues exist, the City Engineer, in coordination with the Buildinq Official, shall determine averaqe qrade prior to the issuance of a buildinq permit, based on the followinq considerations: A. Existinq elevations prior to demolition B. Existinq street elevations C. Minimum driveway qrade of three percent (3%), when feasible D. Positive drainaqe occurs away from structures on all adioininq properties E. Compatibility with the topoqraphy of adioininq properties F. Compatibility with the Stormwater Management Ordinance Section 2. City Code Section 11.03, entitled "Definitions" number 12 "Building, Height" is amended to read: 12. Building, Height: The vertical distance or height of a structure shall be measured from the average grade at the front building line (street side) all street sides of the structure to the average height of the highest pitched roof or the highest point of a flat roof structure. The grade or average grade of a lot is established at the time of subdivision approval by the City. If the grade or average grade 'Nas not established at the time of subdivision approval by the City, the Director of Public \^/orks shall establish the average grade prior to construction of the structure. In the case where a house or structure has been removed from a lot for the construction of a ne'...' house or structure, the average grade for the new house or structure shall be no more than one (1) foot higher than the grade or average grade that existed for the house or structure that 'lias removed. In the case of a corner lot, tho average grade is taken from all sides of the house or structure facing the street. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this _ day of ,2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virniq Susan M. Virnig, City Clerk alley M ra m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8,2009 Agenda Item 5. Discussion Regarding Douglas Drive Capital Improvements Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Staff has been working to develop short- and long-term infrastructure projects for the Douglas Drive corridor between TH 55 and Medicine Lake Road. These projects are based on the community visioning process and corridor study that has been underway over the last year. Estimated costs included in this memo are based on visual data and aerial photos and should be considered to be concept level. No engineering studies have been completed for this project. Lonq-Term Capital Improvement Proqram Based on the corridor study, the long-term vision/goal includes reconstruction of Douglas Drive between TH 55 and Medicine Lake Road, including the major signalized intersections at Golden Valley Road, Duluth Street, Sandburg Road, and Medicine Lake Road. Current discussions call for a three-lane configuration (one lane each north and south and a center turning lane) along with dedicated bike lanes between Golden Valley Road and Medicine Lake Road. Between Golden Valley Road and TH 55, the configuration would be four lane . with a raised median. Sidewalks, lighting, landscaping, utility work, and burial of the overhead power lines are all envisioned in the project. The estimated cost of the project is $20 million in 2009 dollars. In order to accomplish these requirements, Hennepin County staff has indicated that the project could potentially be included, with support from its Commissioners, in the County's Capital Improvement Program for right-of-way acquisition in 2015 and construction in 2016. With approval, the County would fund approximately 80% of the roadway portion of the project. The City would be responsible for the remaining 20% of the roadway construction along with all of the City's utility repair/replacement costs. Right-of-way acquisition costs that may be determined necessary, would be eligible for a 50% cost split between the City and County. In addition, if the County elects to continue its support of the Roadside Enhancement Participation Program (REPP), up to an additional $600,000 may be available for landscaping and utility relocation costs. The County would likely manage the project and the City would be responsible for engineering costs for the City's portion of the work. Therefore, the City's estimated share of the project is $9.75 million (in 2009 dollars). Short-Term Improvements In July 2009, the City was selected to receive a Transit for Livable Communities (TLC) grant in an amount up to $1.05 million for construction of pedestrian improvements on Douglas Drive between the existing Three Rivers Luce Line Trail and Medicine Lake Road. The grant requires that improvements funded by the grant include a dedicated bike lane between the Luce Line and Medicine Lake Road and a pedestrian walkway on the east side of Douglas from Golden Valley Road to Duluth Street. The cost of the short-term improvements will exceed the grant funding from TLC by an estimated $2 million. Staff is in the process of refining a cost estimate and determining an approach to construct these improvements. City Contribution For both long-term and short-term projects listed above, the City must determine sources of revenue for its share of the project costs. Potential funding sources for the City's portion of the project cost could include: . Benefitting property special assessments . Utility reserve funds for water and sewer repair/replacements . Storm sewer utility funds for storm sewer modifications . Potential funding from MnDOT Rail Safety Program . Transportation Enhancement Funding (Federal Highway Administration) . TIF grant funding . Tax abatement funding . City wide debt levy . Xcel Energy franchise fee At this time, staff is also in the process of preparing a preliminary assessment roll for the project. It should be noted that both Storm and Utility Funds may be assigned to projects associated with the City's Pavement Management Program. Xcel Energy recommends that the franchise fee, if imposed, be assessed as an account- based fee. Based on a model provided by Xcel Energy, the following rate schedule, if adopted, would provide the City with approximately $630,000 in annual revenue. Staff is in the process of reviewing the model with Xcel Energy. The rate schedule proposed is as follows: Customer Class Equivalent Monthly Flat Fee Residential $3.50 Small C&I - Non-Demand $7.50 Small C&I - Demand $15.00 Large C&I (> 1 Mw) $100.00 The annual revenue from the franchise fee is adequate to fund the short-term improvements; however, it is not adequate to fund the debt payments needed for the entire project. Therefore, staff will need to address these funding challenges over the next few years for this project to be feasible. Hey m du Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8,2009 Agenda Item 6. Environmental Commission Assignment to Study Solid Waste Handling and Recycling Prepared By Jeannine Clancy, Director of Public Works Mark Grimes, Director of Planning and Development AI Lundstrom, Environmental Coordinator Summary At the City Council's request, the Environmental Commission began studying the following methods in which solid waste and recycling is handled in Golden Valley and throughout the metro area: . Municipal solid waste . What recycling programs are being promoted at the County level . Cost/benefit of current programs . What grants are available . Organics . Recycling opportunities for business owners . Open hauling system vs. City contracted system (organized collection) . Construction waste recycling Because of the large scope of work identified for the study, staff suggests that the study elements be prioritized and phased. Staff recommends that the first phase of the study include all components related to residential solid waste management and recycling which would include county programs, cost of service and benefits, grant availability, and open hauling versus organized collection. Staff is in the process of developing informational materials and a study schedule for the Environmental Commission. If Council concurs with staff's approach on the first phase of the study, work with the Commission to kick the study off will begin in January 2010 and take about six months. alley I o Finance 763-593-8013/7~3-593-8109 (fax) ! Executive Summary Golden Valley Council/Manager Meeting December 8, 2009 Agenda Item 7. 2010-2011 General Fund Budget and 2010 Tax Levy Prepared By Sue Virnig, Finance Director Summary This is the last meeting before the 2010-2011 General Fund Budget, 2010-2011 Other Fund Budgets and 2010 Tax Levy will be approved. Discussion will be h$ld regarding the budget input received during the previous Special City Council Meeting screduled for 6:30 pm. I alley nd Finance 763-593-8013/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting December 8, 2009 Agenda Item 8.2010-2014 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary Staff will be present at the December 8 Council/Manager meeting to answer questions on the 2010-2014 Capital Improvement Program (CIP). The Planning Commission reviewed the document at their November 23 meeting and the draft minutes are attached. The document will be presented at the December 15 Council Meeting for approval. After approval, the document will be bound and distributed. Please bring this document to the Council/Manager meeting on December 8. Attached November 23, 2009 Planning Commission Draft Minutes (2 pages) Exhibit V -Building Fund replacement (1 page) Regular Meeting of the Golden Valley Planning Commission November 23,2009 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Cn bers, 7800 Golden Valle Road, Golden Valley, Minnesota, on Monday, November 23, 9. Chair Keysser ca ed the meeting to order McCarty, opment irector of Public I Schroeder and 1. ning Commissiol1Meeting MOVED ck, seconded by Schmid all and motion carried unal1imously to approve the Nove er 9, 2009 minutes as submi ed. 2. Presentation of Capital Improvement Program 2010-2014 - Sue Virnig, City Finance Director Virnig explained that the CapitalJmprov~mentprogram is a five year fiscal planning document to identify capital proj~~ts over $10,000 and financing sources. She stated that this document has financi . eSi.l'1'1ade up of general obligation bonds, equipment certificates, municipal st tmet'l~~, tax increment, general fund transfers, special assessments and user fe he enterprise funds. She added that this year the City Council decertified th all are Tax Increment District which will help ease the property taxes in 201 '. ed that the Planning Commission's role is to review the Capitallmprov ~ecause it is part of the City's Comprehensive Plan. After the Planning Co approves the document it will go to the City Council on December again for final approval on December 15. Eck referred to e 9, exhibit 3 and asked about the golf course projections. Virnig stated that the weclt~~r, ong with the economy this past year caused significantly less revenue for thei.golf coq~~e. Eck referred to Page 11, exhibit 5 and asked why the carryover doesn't match when the year changes from 2013 to 2014. Virnig stated that was done in error and she would co rrect it. Eck referred to Page 14, exhibit 8 and asked about the three million dollars being spent this year for Douglas Drive improvements. Virnig stated that it is part of the Transit for Livable Communities (TLC) grant and as a part of that grant the City would have to match the grant funding. Clancy added that the TLC grant application is to do some interim improvements on Douglas Drive by adding a sidewalk on the east side between Golden Valley Road and Duluth Street. She explained that TLC also feels it is important to restripe Minutes of the Golden Valley Planning Commission November 23, 2009 Page 2 the roadway to a three lane design and to make traffic improvements to accommodate bicycle lanes on both sides of the roadway. She stated that the project is in the very preliminary stage and has not been approved by Hennepin County or by MnDOT. She stated that the placeholder was put in the Capital Improvement Program and reiterated that if the City desires to use the funds from the TLC grant then it needs to set aside money to match the grant. Waldhauser asked Virnig to highlight some of the biggest changes in the Capital Improvement Plan since last year's plan. Virnig explained that the vehicl~eq\J.Ipment replacement level has stayed the same, there were some delays in theibuildingf~nd and the golf course has also considered delaying some of their equipm~nt replacing a~. well. MOVED by Eck, seconded by Kluchka and motion carried una ouslMto r .commend approval of the 2010-2014 Capital Improvement Program wit~ommissioner Eck's above noted correction, as it is consistent with the Comprehensive PlCin. 3. Continued Informal Public Hearing' ZonirlQ<Code ~l'TIe!1'ldment - Regarding the N ber of Street Curb Cut Ac ss<Points Purpose: To limit number of stre the Single Family Zo to one per parcel in -- ---=. Oliver stated t practice of replacing existing driveways th uring the 1 ,000 Pavement Management Progral1J t omplaints abouf' . way widths and secondary way e Co cil at that e asked staff to ga information regarding the codes and policies in pi e. That discu sion led to the City's cur . policy which limits driveway widths to'25 fe aximum, elimi. ates all boulevard parking a sand elimihat~s sec~nd driv ays where no ha ships exists. He stated that sin 2000-2001 there hav~~~en ap oximately 50 prope s where these types of issues have been addressed and t e have been several p ople each year who have appealed the decisions. Sa on recent appeals from esidents to the City Council staff has been directed to l:lify the existing policies an practices. regarding second driveways and explained that lots co taining two legally constructed g rages, lots with a person residing on the property with a physical disability that would req re additional driveway access, and lots that CITY OF GOLDEN VALLEY 2010-2014 CIP BUILDING FUND (FUND 5200) EXHIBIT V 2010 2011 2012 2013 2014 Cash Balance @ 1/1 $1,054,825 $852,343 $666,360 $716,687 $558,021 Revenue: Transfer From General Fund 189,970 189,970 450,000 450,000 500,000 Cable Capital Grant 22,000 22,000 22,000 22,000 22,000 Interest Earnings 10,548 17,047 13,327 14,334 11 ,160 Total Available 1,277,343 1,081,360 1,151,687 1,203,021 1,091,181 Expenditures: 2010 (425,000) 2011 (415,000) 2012 (435,000) 2013 (645,000) 2014 (275,000) Total Expenditures (425,000) (415,000) (435,000) (645,000) (275,000) Estimated Net Assets @ 12/31 $852,343 $666,360 $716,687 $558,021 $816,181 Page 11