12-15-09 New Business
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City Administration/Council
763-593-8096/763-593-8109 (fax)
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Executive Summary For Action
Golden Valley City Council Meeting
December 15,2009
Agenda Item
6. A. Approval of 2010 General Wages, Salaries, and Monthly Benefit Contribution for
Non-union Personnel
Prepared By:
Paula A. Graff, Human Resources Coordinator
Summary
Attached is the compensation resolution establishing wages and salaries for all non-
union employees for 2010. In general, wages will remain constant at 2009 rates.
The resolution also establishes the City's monthly contribution toward employee
benefits in the City's cafeteria plan. There is a $99 per month increase in the benefit
contribution by the City for 2010 and an additional $20 per month incentive for those
employees who successfully participated in the 2009 city Wellness at Work program.
Attachments
Resolution Establishing 2010 Resolution Establishing General Wages, Salaries and
Monthly Benefit Contribution for Non-union Personnel (3 pages)
Recommended Action
Motion to adopt Resolution Establishing 2010 Resolution Establishing General Wages,
Salaries and Monthly Benefit Contribution for Non-union Personnel.
Resolution 09-73 December 15, 2009
Member introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING 2010 GENERAL WAGES, SALARIES AND
MONTHLY BENEFIT CONTRIBUTION FOR ALL NON-UNION PERSONNEL
BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts
the following general wages and salaries and benefits or all non-union personnel for the year
2009, said schedule to commence for work performed by the personnel named herein effective
as of January 1, 2010.
MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5
Director of Public Works $101,874 $106,726 $111,577 $116,428 $121,279
Police Chief 99,403 104,137 108,870 113,604 118,337
Finance Director 97,212 1 01 ,841 106,470 111 ,099 115,728
Director of Parks and Recreation 95,659 100,214 104,770 109,325 113,880
Director of Planning and Development 90,668 94,985 99,303 103,620 107,938
Chief of Fire and Inspection Services 90,668 94,985 99,303 103,620 107,938
Human Resources Coordinator 84, 1 81 88,189 92,198 96,206 100,215
Assistant City Manager 78,401 82,134 85,867 89,601 93,334
Communications Coordinator 66,148 69,298 72,448 75,598 78,748
DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5
City Engineer $85,436 $89,505 $93,573 $97,642 $101,710
Operations Commander 82,977 86,928 90,879 94,831 98,782
Patrol Commander 82,977 86,928 90,879 94,831 98,782
Public Works Maintenance Manager 80,204 84,023 87,843 91,662 95,481
Park Supervisor 73,490 76,989 80,489 83,988 87,488
Public Works Project Coordinator 73,490 76,989 80,489 83,988 87,488
Information Technology Coordinator 69,892 73,220 76,549 79,877 83,205
Street Maintenance Supervisor 67,504 70,719 73,933 77,148 80,362
Utility Supervisor 67,504 70,719 73,933 77,148 80,362
Golf Operations Manager 67,504 70,719 73,933 77,148 80,362
Greens Superintendent 67,504 70,719 73,933 77,148 80,362
Building Official 65,639 68,765 71,891 75,016 78,142
Environmental Coordinator 63,727 66,762 69,797 72,831 75,866
Vehicle Maintenance Foreman 62,324 65,292 68,259 71,227 74,195
Deputy Register Supervisor 57,578 60,320 63,061 65,803 68,545
PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5
Accounting Coordinator $65,589 $68,712 $71,835 $74,959 $78,082
Public Works Specialist 59,981 62,838 65,694 68,550 71,406
Senior Citizen Coordinator 58,116 60,884 63,651 66,419 69,186
Recreation Supervisor 58,116 60,884 63,651 66,419 69,186
Support Services Coordinator 57,578 60,320 63,061 65,803 68,545
Graduate Engineer 56,351 59,034 61,717 64,401 67,084
Accountant I 53,631 56, 1 84 58,738 61,292 63,846
Assistant Golf Operations Manager 49,904 52,281 54,657 57,034 59,410
Planner 48,884 51,212 53,539 55,867 58,195
Assistant Forester 48,123 50,414 52,706 54,997 57,289
Information Technology Technician 48,123 50,414 52,706 54,997 57,289
Resolution 09-73 - Continued December 15, 2009
EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5
Web/Graphic Designer $40,116 $42,026 $43,936 $45,847 $47,757
EXEMPT ESTABLISHMENT
EMPLOYEES Step 1 Step 2 Step 3 Step 4 Step 5
Mechanic-Golf Course $42,575 $44,603 $46,630 $48,658 $50,685
Turf Maintenance Foreman 41,886 43,880 45,875 47,869 49,864
Turf Maintenance Assistant 33,099 34,675 36,251 37,827 39,403
NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5
Engineering Technician III $28.84 $30.21 $31.58 $32.96 $34.33
Chief Building Inspector 28.76 30.13 31.50 32.87 34.24
Deputy Fire Marshal 28.67 30.03 31.40 32.76 34.13
Building Inspector 27.34 28.64 29.95 31.25 32.55
Fire Education Specialist 25.24 26.44 27.65 28.85 30.05
Fire/Property Maintenance Inspector 25.24 26.44 27.65 28.85 30.05
Crew Leader-Maintenance 27.79
Community Standards Inspector 23.02 24.11 25.21 26.30 27.40
Public Works Maintenance 20.07 21.28 22.51 24.18
Step C 25.41
Step B 25.91
Step A 26.45
Administrative Assistant 20.13 21.09 22.05 23.01 23.97
Communications Specialist 20.13 21.09 22.05 23.01 23.97
Accounts Receivable/Election Assistant 20.13 21.09 22.05 23.01 23.97
Assessment/Accounts Payable Technician 20.13 21.09 22.05 23.01 23.97
Utility Billing/Accounts Payable Technician 20.13 21.09 22.05 23.01 23.97
Motor Vehicle License Clerk 17.04 17.85 18.66 19.47 20.28
Community Service Officer 16.70 17.03
Office Clerk 15.91 16.67 17.42 18.18 18.94
Receptionist 15.91 16.67 17.42 18.18 18.94
FIRE DEPARTMENT
Battalion Chief $18.31 per hour
Captain 17.63 per hour
Lieutenant 16.34 per hour
Firefighter 14.19 per hour
Firefighter - Apprentice 11.96 per hour
Firefighter in Training 8.99 per hour
TEMPORARY PART-TIME AND SEASONAL
Minimum Wages $7.25 per hour
Maximum Wages 16.04 per hour
Resolution 09-73 - Continued
December 15, 2009
BE IT FURTHER RESOLVED that:
1. The dollar amount of the City's contribution to benefits for employees classified under
the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional
and Professional Exempt will be $1,003.00 per month effective January 1,2010. The
City will also pay the cost of group term life IRS maximum taxable level and group
disability insurance for those employees.
2. The dollar amount of the City's contribution to benefits for employees classified under
Management Team and/or Division Head/Supervisor categories will be $1,024.00 per
month plus 2% of monthly salary effective January 1,2010. The City will also pay the
cost of group term life IRS maximum taxable level and group disability insurance for
those employees.
3. Employees who successfully participated in the City wellness program in 2009 will
receive an additional $20.00 per month in the City's contribution towards benefits.
4. Employee service awards are outlined in the Public Purpose Expenditure Policy and
shall be considered compensation in accordance with IRS regulations.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her
signature attested by the City Clerk.
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Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
December 15,2009
Agenda Item
6. B. Proposed Revisions to City Code, Section 4.31, Grading, Drainage, and Erosion Control
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Eric Eckman, Public Works Specialist
Summary
Staff recommends that Section 4.31, Grading, Drainage, and Erosion Control, be revised and
expanded to meet the following goals:
1. To meet the requirements of the Bassett Creek Watershed Management
Commission's (BCWMC) Second Generation Plan.
2. To be consistent with the City's Surface Water Management Plan.
3. To meet the requirements of the City's National Pollutant Discharge Elimination
System Phase II Federal Permit.
4. To better define and clarify the land-disturbing activities which require a permit.
To better reflect the expanded scope, staff recommends that the title of the section be
changed from "Grading, Drainage, and Erosion Control" to "Stormwater Management." City
Council reviewed a draft of the proposed section in May and December of 2009. Although
many components of the existing section remain intact, the major additions include:
1. Expanded criteria for activities requiring a permit, Subdivision (4)(A);
2. A provision establishing the lowest floor elevation for structures adjacent to
wetlands and stormwater management facilities, Subdivision (5)(A);
3. A requirement that structures be set back from wetlands, ponds, and basins,
Subdivision (5)(B);
4. Support and encouragement of the creation of natural vegetated buffers on private
properties adjacent to wetlands and stormwater management facilities, including
standards guiding the creation of buffers, Subdivision (5)(C);
5. Provisions addressing illegal disposal, illegal discharge, good housekeeping, and
removal of debris, Subdivision (6); and
6. A process for addressing stormwater drainage on private property, Subdivision (7).
At its December 8, 2009 Council/Manager meeting, City Council asked staff why Minnehaha
Creek was not referenced in the performance standards of the City's stormwater
management permit. Upon review, staff's response to that question is as follows:
Subdivision (4)(D), Performance Standards, lists standards required as part of the
City of Golden Valley's Stormwater Management Permit. Subdivision (3), Permit
Authority for Land-Disturbing Activities, states that Minnehaha Creek Watershed
District and Minnesota Pollution Control Agency also have permit authority within
the City. It is not the intent of this section to include the rules and requirements of
other permitting authorities. BCWMC is not a permitting authority, but its
requirements are made part of the City's permit. Therefore, only BCWMC is
mentioned in the performance standards.
Attachments
Ordinance No. 428, Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion
Control and Adding a New Section 4.31: Stormwater Management (17 pages)
Recommended Action
Motion to adopt Ordinance No. 428, Repealing in its Entirety Section 4.31: Grading,
Drainage, and Erosion Control and Adding a New Section 4.31: Stormwater Management on
first consideration.
ORDINANCE NO. 428, 2ND SERIES
AN ORDINANCE 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 Transportation 2002.
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. The creation of buffers of native and naturally existing shoreline
vegetation on non-city property, is encouraged and supported by the City,
consistent with the BCWMC's Watershed Management Plan and the City's
Surface Water Management Plan.
2. Projects listed in the BCWMC document "Requirements for Improvements
and Development Proposals" may be required to create buffers consistent
with City standards and BCWMC policies.
3. 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 Violation" and Section 4.99
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. Virnig
Susan M. Virnig, City Clerk