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12-15-09 Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 15, 2009 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7:00 p.m. 1 . CALL TO ORDER A. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - Council/Manager Meeting - December 8, 2009 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. City Gambling Licenses 3. Fireworks Permit - Sweeney Lake Association 4. Solicitor's License - Strom Tree Service aka Donald Strom Tree Service 5. Solicitor's License - Team Winmark/Comcast D. Minutes of Boards and Commissions: 1. Open Space and Recreation Commission - October 26, 2009 2. Envision Connection Board of Directors - October 15, 2009 3. Bassett Creek Watershed Management Commission - October 15, 2009 E. Approval of 2010-2014 Capital Improvement Program 09-66 F. Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal Services Funds 09-67 G. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 09-68 H. Receipt of November 2009 General Fund Budget I. Consenting to Use of Hennepin County's Affordable Housing Incentive Fund to Rehabilitate House Owned by Community Involvement Programs - 1816 Zephyr Avenue North 09-69 PAGES 174-172 1532 1533 1534-1535 1536 1537-1540 1541-1543 1544~ 1 546 1547 1548-1549 1550-1560 1561-1 564 1565-1566 1567 -1 568 1569-1571 1572-1576 4. PUBLIC HEARINGS 7:00 PM A. Public Hearing - Adoption of 2009 Property Tax Levy Payable 2010, and 2010 General Fund Budget 09-70 and 09-71 B. Public Hearing - Second Consideration - Ordinance #426 - Amendment to 2010 Master Fee Schedule - Cigarettes and Tobacco Products C. Public Hearing - Second Consideration - Ordinance #427 - Amendment to Chapter 11 - Removing Language Regarding the Building Board of Review 1. Rescinding Resolution 88-6, Ratifying Establishment of the Building Board of Review 09-72 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of 2010 General Wages, Salaries, and Monthly Benefit Contribution for Non-union Personnel 09-73 B. First Consideration - Ordinance #4~8 - Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater Management C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT alley o m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Moran Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4046 Aspen Waste Systems 1 Recycling Vehicle 2951 Weeks Avenue S.E. #4043 Randy's Environmental Services 4 Recycling Vehicles 4351 Highway 12 S.E. #4042 Waste Management 8 Recycling Vehicles 1901 Ames Drive #4045 Waste Management 6 Recycling Vehicles 1 0050 Nap les Street N. E. #4074 Down In the Valley Cigarette/T obacco 8020 Olson Memorial Highway #4056 Feist Automotive Cigarette/T obacco 1875 Lilac Drive North #4048 GV. Liquor Barrel Cigarette/T obacco 7890 Olson Memorial Highway #4059 Sunny Hollow Market Cigarette/T obacco 2580 Hillsboro Avenue North $ 50.00 $200.00 $400.00 $300.00 $275.00 $275.00 $275.00 $275.00 #4058 #4054 #4052 #4053 KKS Inc. Cigaretteffobacco 5500 Wayzata Boulevard, LL 120 Holiday StationStores, Inc. 7925 Wayzata Boulevard Cigaretteff obacco Superamerica #4443 1930 Douglas Drive Cigaretteff obacco Superamerica #4497 6955 Market Street Cigaretteff obacco Recommended Action Motion to authorize the issuance of licenses as recommended by staff. $275.00 $275.00 $275.00 $275.00 I 'all ey Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Sue Virnig, Finance Director Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post #523 200 Lilac Drive North Golden Valley, MN 55427 Chester Bird American Legion Post #523 200 Lilac Drive North Golden Valley VFW Post #7051 7775 Medicine Lake Road Golden Valley, MN 55422 Golden Valley VFW Post #7051 7775 Medicine Lake Road Minnesota Youth Athletic Services 4111 Central Avenue NE Columbia Heights, MN 55421 JJ's Clubhouse 6400 Wayzata Boulevard The Church of St. Maron 219 - 6th Avenue NE Minneapolis, MN 55413 Schuller's Tavern 7348 Country Club Drive Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley VFW Post #7051, Minnesota Youth Athletic Services and The Church of St. Maron. ---~e'----'- . \~":L.r!\ iF ~-/' 0\ I _ E ) \~ JJ., L <41INNESO'~ / -~',-----~/-- Public ~U~Y mo Fire Department 763-593-8055 I 763-512-2497 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. C. 3. Fireworks Permit - Sweeney Lake Association Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Sweeney Lake Association and Americana Fireworks have applied or a permit to discharge aerial fireworks as Sweeney Lake for the 11th anniversary New Year's celebration at 12:00 midnight, December 31,2009. If the event cannot be held on December 31 it will take place after dusk on January 1, 2010. The location of the fireworks display will be on private property located at 1801 Noble Drive. The property owner, Mr. Wessin, has authorized the discharge of fireworks from his property. The fireworks display will be conducted by Americana Fireworks Company in accordance with local, state and national requirements. They will also take extra precautions to watch the weather and be prepared to take action to mitigate any potential safety or compliance issues caused by weather. Attachment Letter from Mick Lee, Sweeney Lake Association (1 page) Letter from Jeffry J. Serum, Fredrikson & Byron, P.A. dated November 23, 2009 (2 pages) Recommended Action Motion to approve the fireworks display permit for the Sweeney Lake Association. December 1, 2009 Golden Valley Fite Department Ed Anderson, Deputy Fire Matshall Golden Valley City Counsel 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Ed and Honorable City Counsel: We are once again requesting permission to hire Americana Fireworks to provide a professional display of fireworks on 12/31/09 to celebrate the New Year. This will be the 11 th year for the event and every year we have had a lot of great feedback from members and neighbors, hoping we would do it again each year. As you know, we did have one complaint after the event two years ago. It was from Christopher Gise, who lives in the home on the peninsula that used to belong to the hospital. Prior to this, we have had no complaint from anyone, only accolades. You may recall that the weather was the main cause, peaking at midnight at 15 miles per hour and blowing in precisely the direction from the launch site to Mr. Gise's home. The home is about 3 times further from the launch than the prescribed 280 feet safety distance requirement. Last year Leonard Bonander's crew took extra precautions to watch the weather and be prepared to take action to mitigate any potential safety or complaint issues caused by the weather. We will do that this year as well. Also, last year the Fire Department stationed a couple of people on or near Mr. Gise's property for safety and communication purposes in case any debris might appear to be a threat to his property. We look forward to continuing what has now become a tradition and do request permission to shoot the show from George Wessin's property at 4611 Golden Valley Road. George has 11 acres and 1100 feet of lakeshore, which makes it an ideal place from which to launch the fireworks. He too is excited to continue the tradition. Thank you for your help and we hope you stop by to enjoy the fireworks. :;d~ Mick Lee 1900 Major Drive Golden Valley, Mn. 55422 Fredrilcson ................. ...,........... tt::: & BYRON, P.A. IOV';14 ZOO9 November 23, 2009 Ed Anderson, Deputy Fire Marshal City of Golden Valley-Fire Department 7800 Golden Valley Road Golden Valley, MN 55427 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Application by Sweeney Lake Association for Fireworks Permit Dear Mr. Anderson: This firm represents Christopher Gise ("Mr. Gise"), who resides at 1485-1505 Island Drive, Golden Valley, Minnesota. Mr. 9ise anticipates that the Sweeney Lake Association (the "Association") will once again apply for a public fireworks display permit this year in connection with its New Year's Eve, 2010, celebration. On behalf of Mr. Gise, we write to formally express our concerns with this anticipated fireworks display. Mr. Gise informs us that two years ago (and in other prior years) his home and property were littered and damaged by falling debris from the Association's fireworks display over Sweeney Lake. Although Mr. Gise made efforts to inform the City Council and the Association of his concerns regarding the' falling debris from the fireworks display, Mr. Gise informs us that last year the launch site, the size of the fireworks, and the direction in which they were fired (directly toward his house from a site located approximately 400 feet or so away) remained unchanged from previous years. Mr. Gise believes the good fortune of prevailing winds in the opposite direction spared his property from debris during last year's display. Nevertheless, Mr. Gise informed you again last year that the Association's fireworks displays in prior years have resulted in damage to his property, and in some instances those fireworks displays were conducted in the absence of windy conditions in either direction. It is important to Mr. Gise that the City adopt all appropriate measures that would make damage to his home and other properties less likely to occur. By way of this letter, we request that you advise the City Council of Mr. Gise's opposition to the issuance of a public fireworks display permit to the Association. Furthermore, if the Association submits an application for a public fireworks display permit again this year, we ask that you carefully scrutinize the application and proposed display for compliance with the provisions of Chapter 624 of the Minnesota Statutes and the Minnesota State Fire Code. We also ask that you please forward us a copy of the Attorneys & Advisors main 612.492.7000 fax 612.492.7077 www.fredlaw.com Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, Minnesota 55402-1425 MEMBER OF THE WORLD SERVICES GROUP A Worldwide Network of Professional Service Providers OFFICES: Minneapolis / Bismarck / Des Moines / London / Monterrey, Mexi{:o / Shanghai Ed Anderson November 23,2009 Page 2 Association's permit application along with a copy of the plans required by Section 3308 of the Minnesota Fire Code to our attention. Due to historical problems with debris from the annual fireworks display falling onto Mr. Gise's property, if the City Council approves a public fireworks display for New Year's Eve, 2010, we request that you recommend all appropriate conditions that could be made a part of the fireworks permit in an effort to avoid further damage to Mr. Gise's property. For instance, it would be prudent for the City Council to condition any public fireworks display permit approval on a requirement that the Association and its fireworks display operator make an inquiry with Mr. Gise within five (5) day!-following the fireworks display to determine whether W1f. Gise's property sustained damage before filing the Fireworks Operator Display Report required by Minn. Stat. ~ 624.22 Subd. 6 with the State Fire Marshal. There seems to be a clear safety issue here, and as Fire Marshal we hope you will be inclined to err on the side of caution and not support the issuance of a fireworks permit to the Association if it proposes the same plan used in years past. If you have any further questions or comments regarding this matter, please do not hesitate to contact us. Sincerely, ~~ Jeffrey J. Serum Attorney at Law Direct Dial: 612.492.7304 Email: iserum@fredlaw.com ---- JJS:j fm:DOC:51296.1 :4652813 JDOC cc: Christopher Gise Thomas Burt, City Manager, City of Golden Valley I Valley City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. C. 4. Solicitor's License - Strom Tree Service aka Donald Strom Tree Service Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Strom Tree Service aka Donald Strom Tree Service. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION l. ceO TO: Golden Valley City Council Fee Paid: $ {1-"7 . 7800 Golden Valley Road Number. of Persons: vf Golden Valley, MN 55427 Type of License Requested: SO/I'LI'tv,J " I Enclose the sum of $ L{.C;~ )Yfor ~ (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. ~S+mf"\~L ~-el\J~~~ A~A \)n~~ ~-hn i-'f'JLL~eJ\J';<:~ (Business or Individual Name or Organization to be Licensed) ~ 6L/ I '531 (MN Business ID or FEIN (Federal ID) for business licenses) Define Business ro r'; ~ to~ (', (Corporation, Proprietorship, Partners ip, Non-Profit, State of Incorporation or Individual) 3(J \ j il'\ S+ ~ IV, K. L :' .flJ~1)s 114 <-; ro '?tj ,I? (Address, including City, State and Zip Code) 3:J.O - '3<00 ,- ~~ b1 (Telephone Number, including Area Code) NOW, THEREFORE, ~V'\o...' ~ b ~ jfV\ hereby makes application for the (Applicant Name) period of \'1 ~:l:l-(}'through 6/30/lD.., subject to the conditions and provisions of said City Code. Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): \ ~ ~-t.f'\I;C.R ~ o...~.\. Io.."'~ ~CA.F; 1 NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: lh (\~ s~fhl2-{, ~t-rr)~ &~r+- ~~~03 W~ l\ ~D.1"l ~ '~~L (If more space is needed, attach additional sheets) STATE OF tn 11\1 (\JU crrrr- ) b I) ss. COUNTY OF l-1-tN('JUltv) I, Jonql ~ e;1rb {'r\ (Officer!1 ndividual) of S1yor?-- /V-e"C. SerU7ce~ (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. nature of Applicant/Principal Officer) Subscribed and sworn to before me this ~~.e'8~-'''' JUDITH A NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2010 ==~~ alley emo City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. C. 5. Solicitor's License - Team Winmark/Comcast Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Team WinmarklComcast. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council 7800 Golden Valley Road Golden Valley, MN 55427 Fee Paid: $ Number. of Persons: Type of License Requested' '\(" Enclose the sum of $ S() for.~. ~ (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. ietA \M. lA}.'Vl Ma f k / Cn WI C~.S1-- (Business or Individual Name or Organization to be Licensed) C (MN Business 10 or FEIN {Fe er 10) for business licenses) Define Business C fbit'..:> ('(j fl'f) v1 (Corporation, Prop etorship, Partnership, Non-Profit, State of Incorporation or Individual) JOc:' C~u('cL.t SC-, .5u/fe #-1 {{CJSl1l'lte r 4 C;~ 7?f (Address, including City, State and Zip Code) J I I cl~,\ce q/~-7~/- 773'$ / Lt'JCC J &51- d.41f-j-Cf51~ (Telephone Number, including Area Code) . NOW, THEREFORE, -8 r \'c... Y\ (Yl~Let.v1 e hereby makes application for the (Applicant Name) period of 1:J..-t7-t:Jtt through 6/30/1ll, subject to the conditions and provisions of said City Code. (C~ncipa, Officer) Descri~tion of goods or serv~~es for sale (include p~i~es) ~indjcate i{ soltCiting donations. If more space IS needed, attach additional sheets (be specifIc): 1 e Ie I J l ~ , CJ lit / :II,f-l-e r IA ~ +- / f} he) ~ to ~ (' V l 'c ~ NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. I V ? '7 111 af.s h~ I ( Ave .s T. POt! / J M LI SSlo'-! List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ?h\ ~~ ~ lflttMiflf10 ~ (If more space is needed, attach additional sheets) STATE OF M rJ ) ,) ss. COUNTY OF l+-e-f\f'Qf/t}. I, ~-S\'Ct VI MLL0 yt --e (Officer/I ndividual) of T t:A-VV\. IN I tV M.fVlK/ ~ OVtAC.lt ) T (Name of Organization) . being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. I 20 () 9 JUDITi": ,6, Ni\LL'/ \'JOTf\K'( PUH!.iC h/H:\J~\~ESOTJ~ .v My Com;o:ssIOil f)piie': ,Jan 31,2010 b~~....~2& ., Regular Meeting Minutes of the GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Monday, October 26,2009 -7:00 PM Brookview Community Center I. CALL TO ORDER Sandler called the meeting to order at 7:00 p.m. II. ROLL CALL The following members were present: Roger Bergman, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Anne Saffert, Jerry Sandler and Dan Steinberg. Also present were: Rick Jacobson, Director of Parks and Recreation; and Sheila Van Sloun, Administrative Assistant. The following members were absent: Ken Graves and Jim Vaughan. III. AGENDA CHANGES OR ADDITIONS The Recreation Report was moved to the November meeting. IV. APPROVAL OF MINUTES - September 30, 2009 MOVED by Bergman and seconded by Steinberg to approve the September 30th meeting minutes. Motion carried unanimously. V. ATHLETIC FIELD GRANT PROGRAM Jacobson explained that the sub-committee met to discuss project selection. The grant is currently being finalized and will be submitted November 2nd. Sandler gave a special thank you to Andy Soltvedt, Brian Erickson and Rick Jacobson for all their time and dedication in putting the grant together. VI. TASTE OF GOLDEN VALLEY Sandler reminded the Commission that the Taste of Golden Valley will take place this year at the Metropolitan Ballroom on Wednesday, November 11, 2009 at 5:30 p.m. He also had tickets available for purchase. VII. ADJOURNMENT MOVED by Piper and seconded by Mattison to adjourn at 8:10 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Minutes October 15, 2009 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Marshall Tanick, Blair Tremere and Luke Weisberg (GVCEF Representative) Absent: Philip Lund and Dean Penk Staff: Jeanne Andre The meeting began at 7:10 pm in the Council Conference Room. Approval of Minutes Tremere/Heidelberg moved to approve the minutes of September 17, 2009 as presented. Motion carried. Envision Award Jeanne Andre reported that the Envision Award to the founders of the Golden Valley Arts and Musical Festival will be presented on Tuesday, October 20, at 6:30 pm and invited members to attend. Proposed Community Foundation/Non-Profit Members made a few final edits to the Overview and FAQ that have been discussed at previous meetings. Chair Loomis reported that she discussed the Foundation with the Council at the recent Council/Manager Meeting and Council Members supported continuing discussion of this concept with the Human Services Foundation and other groups. As next steps, the group discussed entities that could be approached for input. The following list was developed: . Golden Valley Community Events Fund - Luke, Philip and Dean will meet with them October 20. . Golden Valley Human Services Foundation - Linda and Dean will meet with them after they are done with the Taste of Golden Valley and before the December Board Meeting. . Other Groups - Luke will seek to set up meetings with other groups such as the Women's Club, Historical Society, Rotary Club, Optimists, and perhaps a business such as General Mills to get reaction to the proposed new Foundation. If he is able to set up a meeting he will send a general request to for others to join the meeting, with Dean, Philip, Blair, Helen and Marshall indicating interest in helping out. The goal will be to discuss the comments received at these groups at the December Meeting with the aim of making a formal presentation to the City Council in January. Bridge Building Activities October 17 Bridge Builder Training - Helene Johnson provided an overview of the program and the group discussed arrangements for the event. Members have personally invited many folks who have expressed an interest in Bridge Builders, but are concerned with the turnout. Members will follow up with those who have not made a final commitment. Envision Connection Project Board of Directors Meeting Minutes October 15, 2009 - Page 2 Lilac Planting - The Second Annual Event went well, though planting was more difficult and some volunteers were still working past 1 pm. There may have been fewer volunteers, but there were definitely more plants, so next year these two should be better matched. The City's Pavement Management Program will be underway on the south side of highway 55 between Douglas and Glenwood, so 2010 will not be the right time to plant in this area. The project could be confined to the north side of the highway or be directed to an area west of Boone Avenue. Jeanne Andre reported that she has been working with volunteers who want to help with the ongoing maintenance of the plantings already in place. The volunteers will be encouraged to do weeding in June and in the fall, with City crews providing mulch in the fall to place around the plants. Dog Park - Linda Loomis reported that the City is waiting for a response from the Humane Society, which is interested in this project but has other, more immediate challenges. Library After School Program - Jeanne Andre distributed an email outlining the plans for the after school tutoring program this fall. Buckthorn Busting - Blair Tremere has discussed sponsoring a training session on buckthorn busting as a platform to encourage volunteers to take on this work. Jeanne Andre reported that a few groups are doing projects under the City program. Garden Club - Linda Loomis reported that the evening garden club took on weeding of some of the boulevard property planted by the City for traffic calming on Winnetka south of Western Avenue. The evening garden club is interested in hands on projects. Quarterly Meeting - The group decided to delay the quarterly meeting until January and discussed possible venues, including: PRISM, LOA, the West End, The Minneapolis Crisis Nursery, Wirth Park Chalet, LOGIS, Minnesota State Patrol, and MnDOT facilities. Marshall Tanick said he is meeting with the Crisis Nursery and will inquire if the staff can accommodate the quarterly meeting on a Saturday morning in January. Other Business Helene Johnson reported that she will be attending a webinar on giveMN.org and will report on it at the next meeting. Future Meetings Jeanne Andre asked the members to check for conflicts with proposed meeting dates next year. The May 20 date frequently has conflicts. The next meeting will be on November 19. The meeting ended at 8:30 pm. Jeanne Andre, Assistant City Manager Bassett Creek Watershed Management Commission Minutes of the Meeting of October 15, 2009 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:40 a.m., Thursday, October 15, 2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Not represented Commissioner Michael Welch, Chair Commissioner Kris Sundberg Commissioner Daniel Stauner Commissioner Ginny Black Commissioner Wayne Sicora Commissioner Jim deLambert Counsel Engineer Recorder Charlie LeFevere Karen Chandler Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley AI Lundstrom, BCWMC Technical Advisory Committee, City of Golden Valley Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth 2. Approval of Agenda and Consent Agenda Chair Welch added 6G - update on the Medicine Lake TMDL study. Ms. Herbert requested the addition to the Administrative agenda item 4C of invoice iv to the Lakeshore Weekly News in the amount of $180.40 for the publication of the September public hearing notice. Mr. LeFevere asked to be removed from the Consent Agenda. Ms. Loomis moved to approve the agenda as amended. Ms. Black seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. Ms. Black moved to approve the Consent Agenda as amended. Ms. Loomis seconded the motion [City of Medicine Lake absent from the vote]. 3. Citizen Input on Non..Ag.enda Items No Citizen input on non-agenda items. 4. Administration A. Presentation of the September 17,2009, BCWMC meeting minutes. The September 17, 2009, minutes were approved as part of the Consent Agenda. B. Presentation of the Financial Statement. The October financial report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the October 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 540,539.75 540,539.75 Construction Account Cash Balance Investment due 10/18/2010 TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 2,618,005.33 533,957.50 3,151,962.83 3,261,662.25 (109,699.42) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through August 31,2009 - invoice for the amount of $3,285.55. ii. Barr Engineering Company - September Engineering Services - invoice for the amount of $23,284.53. iii. Amy Herbert - August Recording Administrator Services - invoice for the amount of $2,001.79. iv. Lakeshore Weekly News - Public Hearing Notice Publication - invoice for the amount of $180.40. Ms. Loomis moved to approve the payment of the invoices. Ms. Black seconded the motion. By call of roll, the motion carried unanimously [City of Medicine Lake absent from the vote]. 5. New Business A. Maintenance of Bassett Creek Watershed Channel Restoration Projects. Chair Welch stated that the Commission discussed last month that the cost of ensuring the establishment of live plant elements of CIP projects and specifically channel restoration projects is part of project implementation costs. Jim Herbert of Barr Engineering put together a memo, included in the meeting packet, on the topic of project maintenance. Chair Welch explained that the memo outlined the various kinds of projects and their structures that require ongoing maintenance. He said the memo is for Commission discussion and that the Commission should provide direction to the Commission's Technical Advisory Committee (TAC) for its discussion and recommended changes to Commission policy. Chair Welch said the Commission's overall policy is that the Commission pays for implementation of capital projects and the member city in which the project is located pays for ongoing maintenance. Ms. Chandler said that maintenance of the flood control projects is fairly clearly spelled out regarding the demarcation between where the cities are doing routine maintenance and where the Commission needs to step in. She said that maintenance of water quality and stream restoration projects aren't specifically addressed in the Commission's Watershed Management Plan or in the Commission's Cooperative Agreements with the cities and said the Commission may want to look #249428 vI BCWMC October 15, 2009 Meeting Minutes 2 into that further. She added that Barr didn't make a detailed review of the Joint Powers Agreement for specific language about maintenance. Chair Welch said it would be interesting to get the T AC's perspective on the idea of using the Commission's capital funds for maintenance if the Commission could displace some of the capital costs with outside funding. He said he would like the Commission to discuss the TAC's recommendation at the November or December BCWMC meeting. He said the Commission wants to be sure that the cities can build and maintain the projects before the Commission levies for the projects. He said that at the same time the Commission wants to reduce costs for the taxpayers if the Commission can get funding from outside the organization and there is a lot of funding available right now. Chair Welch commented that outside of the funding from the U.S. Army Corps of Engineers for the flood control project, the Commission hasn't used a lot of outside funds so the present opportunities for outside funding will test the Commission's policies. He said the Commission will want to decide how to deal with the possibility of receiving outside funds. Chair Welch stated that one option would be to lower the levy in the next year or another option would be to maintain the levy amount, since Hennepin County has expressed its support for maintaining the levy at a steady amount from year to year, and then use the capital funds to extend the capabilities of the Commission. Chair Welch said that unless there were any objections, he is directing Ms. Chandler to add that issue to the next TAC discussion. Mr. Stanner remarked that he would like to hear from the TAC on how it would envision the process of funding from the Commission work. He said his understanding is that the Commission levies for the construction of specific projects but if it were to levy for ongoing expenses it would need some sort of ongoing levy. Mr. Stauner said the Commission would need some sort of mechanism to project the ongoing expenses for the project and a mechanism would need to be in place for processing the requests for maintenance for projects. He said he isn't sure on whether the Commission's Plan would need to be amended to include discussion of the funding of maintenance. Ms. Loomis asked if state law dictates that levying for maintenance costs would need to be part of the Commission's Plan. Mr. LeFevere said the authority under which the Commission levies is specific to capital projects in the CIP and the projects have to be in the Plan as well. Maintenance costs would have to come from the Commission's levy to the member-cities. Chair Welch noted that the TAC would need to consider that important piece of information. Mr. Sicora stated that the Commission could consider extending the term of the contracts with the contractors regarding the maintenance of plantings so that the contractors are respousible for maintaining them for five years. Chair Welch said he would consider those costs as implementation costs. He said that maintenance has long been an issue when the Commission has considered permit applications and in its consideration of capital projects. Ms. Black commented that she would like the Commission to build some flexibility into the policy so it could consider funding a portion of maintenance costs in the case where they are unusually expensive (e.g., chemical treatment facilities). Chair Welch stated that the TAC should consider in its discussion that there needs to be a written commitment built into the Cooperative Agreements that the Commission has with its member cities and that the Commission may need to look into a Plan amendment to solidify the policy even if the Minnesota Board of Water and Soil Resources doesn't require it. He said he thinks a maintenance declaration, where the maintenance and schedule is recorded on the deed, is an effective tool. Chair Welch commented that Barr may need to amend its memo before it goes to the TAC for its discussion at the November TAC meeting. 3 #249428 vI BCWMC October 15, 2009 Meeting Minutes Mr. Stauner remarked that he thinks the TAC should also look at how ongoing maintenance as part of a proposed capital project should affect the Commission's evaluation of the project for inclusion in the CIP. He said ongoing maintenance costs for projects would need to be evaluated. Mr. LeFevere remarked that the cities may not be too happy about having their own citizens paying for maintenance for projects in their own cities and then also being levied by the Commission to pay for maintenance for projects in their own cities. Chair Welch said the Commission needs to be able to say what outcome it needs but the cities determine how to accomplish the goal. Chair Welch said he would be glad to review Barr's revised memo before it goes out to the TAC. B. BCWMC's Review of City of Crystal's Local Surface Water Management Plan. Chair Welch said that Ms. Chandler of Barr has completed the review of the City of Crystal's Local Water Management Plan and asked Ms. Chandler if she wanted to bring any particular items to the Commission's attention. Ms. Chandler noted that Barr and the City of Crystal hadn't yet had the opportunity to discuss Barr's draft comments but she is interested in hearing any comments from the City. She stated that overall the plan was good. She said the plan doesn't discuss all of the different kinds of projects that need to be reviewed by the Commission besides the water quality projects. Ms. Chandler also stated that the plan needs to clarify the Commission's role in the city's permitting process. She explained that in her memo detailing the review, the items in bold are the items that the Commission is either requiring or requesting the City to address. Ms. Chandler said there is a correction on page 7, items 20 and 21. She said the bold text for those two items needs to be deleted and that those two items meet the requirements. Ms. Chandler noted that the City of Crystal included its streambank inventory in the Plan's appendix. She said the Plan also incorporates the City's MS4 SWPPP. Chair Welch added that the Metropolitan Council delivered its comments on the plan to the Commission already. Ms. Chandler stated that the Met Council reviewed the plan and stated that the plan is fine. Chair Welch moved for the Commission to forward Barr's memo, with the corrections discussed by Ms. Chandler, to the City of Crystal for its response. Ms. Loomis seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. C. Education and Public Outreach Committee a. Teacher Focus Group. Ms. Langsdorf said the Committee would like to hold a focus group of teachers of several grade levels to find out what type of watershed education resources they have, what type they need, what type of materials they would use, what barriers they encounter when they use the current watershed education resources, what types of barriers they see to applying to for BCWMC education grants, and how the Commission can better direct the grant program. Ms. Langsdorf said there are a number of members serving on the Committee that have extensive experience working with the schools and who have volunteered to put together the focus group and to chair it. She said the Committee would like to invite up to ten teachers and to provide each participant with a stipend of $100 for participating in the focus group with a maximum cost to the Commission of $1,000. She said there are funds available in the budget since the cost of the "10 Things" brochure was six cents per brochure rather than the twenty-five cents per brochure cost that was anticipated. Ms. Sundberg asked if the Committee thinks the stipend would be necessary for the Committee to get individuals to participate in the focus group. Ms. Langsdorf said she didn't know if it were necessary but that she sees their participation as service to the Commission in a consultant capacity. Ms. Sundberg said she is more familiar with 4 #249428 vI BCWMC October 15, 2009 Meeting Minutes focus groups in the business sector and said that although she sees the stipend amount as reasonable she just sees it as payment to them for helping us ultimately help them. Chair Welch remarked that there should be a diversity of teachers who participate in the focus group and the participants should be teachers who have experience and an interest in watershed issues. He also commented that the group facilitations need to be designed to get the broadest possible impact. Ms. Black said the Committee would be interested in any recommendations for possible participants. Mr. Stauner commented that he thinks the focus group is worth the investment. Ms. Sundberg moved to approve the funds up to $1,000 for the Education Committee to facilitate the focus group. Mr. Stauner seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. D. Ballpark Authority Easement Agreement. Mr. LeFevere said the legal counsel for the Ballpark Authority (BPA) sent a proposed storm sewer easement. Mr. LeFevere said the easement has a lot of problems with it and it contains proposed changes that would be disadvantageous to the City of Minneapolis and the BCWMC. He said Mr. Kremer is contacting the BPA to try to get the BPA to reimburse the BCWMC for its costs associated with dealing with the easement issue. Mr. LeFevere said he hasn't yet heard from Mr. Kremer if the BPA has responded. Mr. LeFevere said it is important that the City of Minneapolis playa central role in handling the issue. Chair Welch said this is just an informational item for the Commission. 6. Old Business A. Circle Park Pond Improvements: Plymouth. Ms. Chandler reported that Circle Park Pond is tributary to Parkers Lake. She said the pond is a treatment project for treating water that would go into Parkers Lake. Ms. Chandler said the project was authorized by the Commission in 2005 and a Cooperative Agreement was put into place with a project cost of $42,000. She explained that the Commission Engineer reviewed the plans and saw that a skimmer structure was necessary, which added $14,000 to the project cost. Ms. Chandler stated that an amendment to the agreement was drawn up and approved by the Commission in January 2006 but it was recently discovered that the amendment had not been executed. She said the Commission needs to sign the amendment. Chair Welch added that the Commission levied for the $42,000 but not for the additional $14,000 so those funds would need to come out of the closed project account. Mr. LeFevere added that when he reviewed the meeting minutes from January 2006 he read that Mr. Kremer explained that Commission funds were left over from other projects and could be used for the $14,000 project cost increase. Mr. LeFevere stated that it was the first time the Commission was using funds from the closed account fund, which was established in October 2005. B. Proposed BCWMC Projects for Clean Water Fund Grant. Chair Welch explained that the application process opened today for the Minnesota Board of Water and Soil Resources (BWSR) Clean Water Fund grants. He said the Commission has identified the Plymouth Creek and the Bassett Creek Main Stem restoration projects as good candidates for funding. Ms. Chandler said that the Northwood Lake project (NL-2) would also be a good candidate. She said she has a few more comments after receiving information at a BWSR-run informational meeting she attended yesterday on the grant funds and the application process. Ms. Chandler said the application is online in the form of a spreadsheet and applications are due December 1. She said that the memo from Barr in the meeting packet had discussed the potential for applying for grant funds for the Wirth Lake outlet structure. However, Ms. Chandler noted that the Wirth Lake TMDL is not yet completed and the structure modification is not yet part of the TMDL 5 #249428 vI BCWMC October 15, 2009 Meeting Minutes implementation plan, and the structure modification is not identified on the Commission's CIP. In discussing the idea with BWSR staff at the meeting, she thinks that other projects applying for funding would get higher priority. For that reason, Ms. Chandler recommends holding off on applying for the grant funds for that project until it is in the TMDL implementation plan and! or the Commission's CIP. Ms. Chandler said the funding comes through the legislature each year, which means that next year there could be differences in the application process or in the guidelines for which types of projects qualify. She said that the legislature required that the funds be used for long-term projects, which means projects that show benefits for ten years or longer. Ms. Chandler said the message she heard was that biological control projects, such as carp management and aquatic plant management, don't meet that long-term qualification because it can't be shown that the benefits of those types of projects last for ten years. She said another message from the meeting was that even though the grant recipients have two years to spend the funds, the more ready the projects are to be implemented, the more likely they are to receive funds. Chair WeIch said that given that information, since the Plymouth Creek and Bassett Creek Main Stem projects have been ordered, they are really ready to go and since the Northwood project hasn't been ordered yet, maybe it is less of a candidate. Ms. Black asked if a funding match is required. Ms. Chandler said yes. Ms. Black commented that generally matches cannot come from other state or federal funds. Ms. Black asked if County money can be used for the match. Chair WeIch said yes unless the County's money was federal or state funds. Chair WeIch recommended holding off on applying for grant money for the Wirth Lake outlet project until next year when it would hopefully be part of a TMDL implementation plan. He requested that Barr speak with Joel Settles to find out when Hennepin County will make its decision on how it's going to use its funding. He also directed Barr to follow up with Golden Valley and Plymouth with regard to applications. Mr. Stauner asked about the status of a project in Plymouth regarding a wetland near Highway 169. Mr. Asche replied that it is in the City's CIP and is briefly mentioned in the City's Local Surface Water Management Plan. Chair WeIch said it is also in the BCWMC's CIP. Ms. Chandler said it is in the BCWMC's CIP for construction in 2011- 2012. Chair WeIch asked Barr to follow up with the City of Plymouth on its proposed timing for that project and to complete the grant application for the Plymouth Creek and the Bassett Creek Main Stem restoration projects. Ms. Langsdorf reported that Brad Wozney, BWSR, attended the last Joint Education and Public Outreach meeting. She said that the group asked him about funding from the grant program for education and public outreach. She said he responded that when included as part of a larger project application that funding is available for public outreach-type education.He said projects applying for funding would rank higher if there was a component of public outreach. Ms. Langsdorf stated that Mr. Wozney specifically stated that "a civic engagement piece is important in 2010 funding." Ms. Chandler asked if the cities are going to be taking the lead in completing the grant application or if the Commission will be taking the lead. Chair WeIch stated that she should discuss that with the cities but that he feels the Commission should take the lead if the cities wish and are comfortable with it. He said he thinks it would look better for a joint powers organization to apply than for a city alone. Chair WeIch said he thinks it would be overkill for the cities to provide letters of support but Barr should ask BWSR if the Commission should get letters of support. Ms. Black said BWSR should be asked whether it makes any difference who applies as long as if it is the city applying then there is a letter of support from the Commission stating that the cities typically manage the projects for the Commission and therefore the cities are the ones applying for the grant and so on. 6 #249428 vI BCWMC October 15, 2009 Meeting Minutes Chair Welch said that it makes sense to him that since the Commission is the funding entity then it should be the applicant. Ms. Black asked if the Commission would manage the funds. Mr. LeFevere said the cities could be sub-grantees. Ms. Black said that means the cities would manage the funds anyway. Chair Welch said he is inclined for the Commission to apply for Northwood also unless the Commission receives feedback from BWSR that the project wouldn't be a competitive applicant. Ms. Chandler said there may be a problem if the city's CIF shows the project as a 2012 or later project. Chair Welch said the city may be willing to push the project up if there is funding available. Ms. Black said the City still has the opportunity to change the timing in the City's CIP. Ms. Chandler said that Mr. Wozney mentioned at yesterday's meeting that projects that are still in the feasibility stage should wait. Chair Welch asked if Ms. Chandler needed more direction than has already been discussed. Ms. Chandler said no but if Barr gets into the process and finds it is different than expected, she would want the opportunity to discuss it with the Commission. Chair Welch said Ms. Chandler should contact him and then, if it is deemed necessary, a meeting of the Commission's Executive Committee could be called. He pointed out that there is one more Commission meeting before the application deadline. Ms. Chandler said the Minnesota Conservation Corps (Conservation Corps) was at yesterday's forum. She said the Commission could utilize them as the Commission would a contractor regarding maintenance and inspections of plantings and it would be fairly low cost. She said the Conservation Corps also gets an annual $500,000 grant directly from BWSR so if a Commission project qualifies for funding then the Commission may not need to pay all of the costs. Chair Welch said the Commission should keep that idea on its radar and asked Barr to mention the idea in the discussion with the TAC at its November meeting. He said Barr could let the TAC know that the Commission could facilitate contracts with the Conservation Corps and bring in those funds. Mr. LeFevere added that the Commission prioritized projects for inclusion in the CIP and more projects than the ones listed in the 10-year CIP have been identified in the Commission's Plan as CIP projects. Mr. LeFevere suggested that in regard to available grant funds the Commission could consider moving forward some CIP projects not originally listed on the 10-year CIP. He said the Commission could either use grant funds for CIP projects as a way of reducing the cost of those projects to the Commission and member-cities or the Commission could spend the amount of money originally budgeted and complete more water quality projects. Chair Welch reminded the Commission that it added the major component of streambank restoration projects since the Commission developed its original CIP. Chair Welch asked when the Commission would receive feedback on whether or not it would receive grant funding. Ms. Chandler said BWSR will make its decisions on January 2ih. C. Discuss Revisions to the BCWMC's Joint Powers Agreement. Chair Welch noted that Mr. LeFevere's memo regarding potential housekeeping-type revisions to the BCWMC's Joint Powers Agreement (JP A) was included in the meeting packet. He said the issue in front of the Commission today is whether or not the Commission wants to pursue revising the JPA. Chair Welch added that no recommendations for changes were submitted by commissioners. Mr. LeFevere reported that from a legal point of view, everything the Commission wants to do can be done under the current JP A. He said the Commission began discussing a revision process for 7 #249428 vI BCWMC October 15, 2009 Meeting Minutes the JP A because the Commission identified it as a priority during a brainstorming session on future Commission tasks. Ms. Black added that it was an idea included in the brainstorming session because Springsted, Inc. identified it as a potential task in the organizational analysis. Ms. Black said there is only one item listed in Mr. LeFevere's memo that she sees would be helpful if it were revised at this time. She said that memo item number 7 that recommends changing the 45- day mailed notice of public hearings to member cities to align it with the shorter notice requirement of state law. Mr. LeFevere commented there are provisions in the JPA that repeat provisions of state law, which opens up the risk of the JPA needing to be amended if the state law is changed. Ms. Loomis pointed out that it could cause some confusion for people who may not know that state law supersedes the JPA in the case that the state law documented in the JPA is outdated. The Commission decided it would take no action on the JP A. D. Collateralization of BCWMC Funds. Chair WeIch reported that there is a state law requiring that Commission's funds be secured. He explained that the Commission's funds are secure since they are in a non-interest bearing account and the FDIC has a provision that such funds are insured to an unlimited amount. Chair WeIch said the provision expires on June 30, 2010, so the Commission will need to revisit the issue. E. Wirth Lake TMDL Study. Ms. Chandler reported that the draft TMDL report is half complete and will be submitted to the MPCA in November. She said the draft will go to the MPCA before it goes to the Commission. Chair WeIch asked if the Commission will receive it by the November meeting. Ms. Chandler said she wasn't sure if it would be ready to send with the November meeting packet. F. Sweeney Lake TMDL Study. Ms. Chandler said Mr. Leaf asked Barr to report some information. She said Mr. Leaf expects to receive comments from the MPCA in mid-November regarding their review of the draft Sweeney Lake TMDL report. Ms. Chandler said Mr. Leaf explained that the Commission should review the comments, once available, for discussion at the BCWMC's December 1ih meeting. She stated that Mr. Leaf also hoped to have a more detailed draft implementation plan distributed to the Commission for its review in time for discussion at the December 17th BCWMC meeting. Ms. Chandler said the Commission should hear back from the EPA's review of the TMDL sometime between February and April, 2010. Chair WeIch asked Ms. Chandler to convey to Mr. Leaf that the Commission is eager to see the details of the draft implementation plan at least two weeks prior to the December Commission meeting. G. Medicine Lake TMDL Study. Chair WeIch said he expects to get a draft TMDL report via e- mail today for stakeholder review and for discussion at the October 22nd Stakeholder Committee meeting. He said the public stakeholder meeting will be held on Thursday, October 29th. Chair WeIch commented that he thinks the Commission should submit comments on the draft TMDL and he asked Barr to prepare draft comments for the Commission's review at the BCWMC's November meeting. 7. Communications A. Chair: i. Chair WeIch reported that he and Len Kremer of Barr are meeting with the City of Minneapolis at the end of the month. He said the City is undertaking an effort to streamline the city's response to complaints about stormwater flow and problems and he and Mr. Kremer will be meeting with the City to provide information about the Commission's agreement with the City about storm water contributions to the tunnel and other activities. ii. Chair WeIch announced that there is an open house today for the Mississippi Watershed Management Organization at its new facility. 8 #249428 vI BCWMC October 15, 2009 Meeting Minutes iii. Chair Welch stated that Alternate Commissioner Ted Hoshal, Medicine Lake, had brought to the Commission's attention the possibility of hearing a presentation from college graduate Alye Bohn on her thesis "BASSETT CREEK: PERCEPTIONS OF AN URBAN STREAM: Discovering why Bassett Creek developed as it did and resident perceptions today." Chair Welch directed Ms. Herbert to work with Ms. Bohn and the City of Golden Valley to arrange a 10-minute presentation by Ms. Bohn at the November 18th BCWMC meeting. B. Commissioners: i. Mr. Stauner reported that the Northwood Lake town hall meeting had a good turnout of approximately 35 people. He said the group will be forming a lake association. ii. Mr. Stauner announced that as part of the Shingle Creek Watershed Management Commission he attended its watershed tour last week. He said the tour visited a site in Robbinsdale that is part of the paired intersection study where one part of the intersection is paved with pervious pavement and the other side is paved with regular pavement. He said that of interest to the BCWMC is that the second site of the study will be in Plymouth and in the Bassett Creek Watershed. Mr. Stauner suggested the BCWMC consider joining in on the study, which is being funded by grant money. Chair Welch asked that the Commission receive a presentation on the results of the study as they come forward. iii. Ms. Loomis reported that she attended last week's Mississippi River E. coli TMDL stakeholder meeting. She stated that Barb Peichel, MPCA, commented that the Bassett Creek Main Stem may not qualify to be included in the Mississippi River E. coli TMDL due to the MPCA's understanding that the BCWMC has already started its E. coli TMDL. Ms. Loomis said that someone with the BCWMC should call the MPCA to get the details straightened out. C. Committees: Education Committee i. Ms. Langsdorf announced that Mr. Kremer sent her a great cartoon about picking up dog waste and that she has gotten permission from the cartoonist to reprint it for use in the BCWMC's exhibit. ii. Ms. Langsdorf announced that the Meadowbrook Fall Festival will be held on October 24th. She said that three members of the Committee will be representing the BCWMC at the festival. iii. Ms. Langsdorf reported that the Committee needs more information on who is currently doing outreach on the BCWMC's projects before the Committee can make a recommendation on what other outreach needs to be done. She said she would like to know how the cities determine how large of an area receives the notice about the projects. Mr. Stauner said it could be something for the TAC to discuss and provide to the Commission. Chair Welch agreed that it would be helpful for the TAC to provide feedback to the Commission on whether the cities have specific policies that they follow and that they could forward to the Commission. iv. Ms. Langsdorf reported that the Committee has a meeting scheduled for tomorrow, October 16, at 9:00 a.m. in the Parker's Lake Room at Plymouth City Hall to discuss the teacher focus group. v. Ms. Langsdorf said the next Joint Education and Public Outreach Committee meeting will be on November 10th at 8:30 a.m. in the Medicine Lake Room at Plymouth City Hall. 9 #249428 vI BCWMC October 15, 2009 Meeting Minutes vi. Ms. Langsdorf said the Education and Public Outreach Committee will meet on November 13th in the Parker's Lake Room at Plymouth City Hall. vii. Ms. Langsdorf said that at the last Joint EPOC meeting, Brad Wozney, BWSR, was asking in what ways BWSR could assist. She reported that the Committee decided it would like to have a meeting to put together a framework for a larger public outreach effort and the Committee will be working on that at its November 10th meeting. viii. Ms. Langsdorf said the Committee will be looking into the resource "Stormwater U." ix. Ms. Langsdorf announced that the second article funded by the Commission was printed in the Sun Post for New Hope, Golden Valley, Crystal, and Robbinsdale on the front page and was also printed in the papers for St. Louis Park and Plymouth. She said the article was about adopting storm drains. Administrative Services Committee i. Chair Welch said the Committee met and is proceeding, together with Springsted, Inc., with drafting a request for proposals for administrative services. Ms. Black said the Commission will see the draft at the November meeting. D. Counsel: i. Mr. LeFevere said he has sent to Ms. Herbert the League of Minnesota Cities Insurance Trust memo on the Electronic Communications for Ms. Herbert to forward to the Commission. ii. Mr. LeFevere said he spoke to Joel Settles, Hennepin County, regarding the Commission's question on paying for the Main Stem project using funds levied for Plymouth Creek and paying for Plymouth Creek with funds from a later levy. Mr. Settles did not think that would be a problem. E. Engineer: i. Ms. Chandler reported that the draft 2010 impaired waters list includes the chloride listing for Bassett Creek. ii. Ms. Chandler said the comment period for the Commission's Resource Management Plan has ended. She said the U.S. Army Corps of Engineers said that comments were received from the Department of Natural Resources and the Historical Society. iii. Ms. Chandler said she was contacted by Terrie Christian of AMLAC (Association of Medicine Lake Area Citizens) letting her know that members are looking at researching a redesign of the dam at the outlet of Medicine Lake. Ms. Chandler said Ms. Christian asked if Barr would provide some information. Ms. Chandler asked if the Commission approves of Barr providing a letter to AMLAC that talks about the old and new dams. Chair Welch directed Ms. Chandler to draft a letter for his review prior to it being sent to AMLAC. 9. Adjournment Ms. Loomis moved to adjourn the meeting. Ms. Black seconded the motion. The motion carried unanimously. The meeting adjourned at 1:55 p.m. 10 #249428 vI BCWMC October 15, 2009 Meeting Minutes Michael Welch, Chair Date Pauline Langsdorf, Secretary Date Amy Herbert, Recorder Date #249428 vI BCWMC October 15, 2009 Meeting Minutes 11 alley Me nd Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. E. Approval of 2010-2014 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary The 2010-2014 Capital Improvement Program was presented to the City Council at the Council/Manager meeting on November 10, and December 8, 2009 and was approved by the Planning Commission at their meeting of November 23, 2009. The financing section outlines the appropriate budget for each section. Attachments Planning Commission Meeting minutes dated November 23, 2009 (2 pages) 2010-2014 Capital Improvement Program (distributed previously) Recommended Action Motion to adopt Resolution Approving the 2010-2014 Capital Improvement Program. Regular Meeting of the Golden Valley Planning Commission November 23, 2009 A regular meeting of the Planning Commissio was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Roa ,Golden Valley, Minnesota, on Monday, November 23,2009. Chair Keysser called th meeting to order atI,a. >~-::: ~~ .--- ~-. -:->''';;...-:;;: //-.,.- ,- 'ser, Kluchka, McCarty, Planning and Develapment ~ irector Sue Virnig, Directofof Public er, LHB Cansultant Michael Schroeder and 1. econded by Schmidgall , 009 minutes as submitted. 2. Presentation of Capitallmproy.~mntl?rograll1'1~'10-2014 - Sue Virnig, City Finance Director Virnig explained that the Capital IrnprovernentProgram is a five year fiscal planning dacument to identify capital projects aver $10,000 and financing sources. She stated that this dacument has financing services made up of general .obligation bonds, equipment certificates, municipal st aid allptments, tax increment, general fund transfers, special assessments and user fe ro he enterprise funds. She added that this year the City Cauncil decertified tpe\lalleyquare Tax Increment District which will help ease the property taxes in 201iO.Sheexpla!"ed that the Planning Commissian's role is ta review the Capital Improvement Program b.ecause it is part .of the City's Camprehensive Plan. After the Planning Comm.ission approves the dacument it will go to the City Council on December8far review anej again for final approval on December 15. Eck referred ta F'Elge 9, exhibit 3 and asked about the golf course projections. Virnig stated thatJhe weat~r,alpng with the ecanomy this past year caused significantly less revenue far the/golf c e. Eck referre 0 Page 11, exhibit 5 and asked why the carryover daesn't match when the year changes from 2013 ta 2014. Virnig stated that was dane in error and she would correct it. Eck referred ta Page 14, exhibit 8 and asked about the three million dollars being spent this year for Dauglas Drive improvements. Virnig stated that it is part .of the Transit far Livable Cammunities (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 ta do some interim improvements on Dauglas Drive by adding a sidewalk on the east side between Galden Valley Raad and Duluth Street. She explained that TLC alsa feels it is impartant 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 vehicle. equipment replacement level has stayed the same, there were some delays in the building fund and the golf course has also considered delaying some of their equipm~nfreplacing as well. MOVED by Eck, seconded by Kluchka and motion carried unanimously to recommend approval of the 2010-2014 Capital Improvement Program with Commissioner Eck's above noted correction, as it is consistent with the Comprehensive Plan. 3. Continued Informal Public Heari - Zoning Code Amendment - Regarding the N ber of Street Curb Cut A cess Points driveway widths to eliminates secon there have bee Purpose: To lillil the Single Family tabled at their September 29 anguage would restrict curb cuts in xceptions. He added that by putting the ask for a variance if there is a hard9hip ewed the proposed new langua e regarding second driveways and exp ined that lot ontaining two legally constructed rages, lots with a person residing on the property with a physical disability that would require additional driveway access, and lots that Resolution 09-66 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING 2010-2014 CAPITAL IMPROVEMENT PROGRAM WHEREAS, the Planning Commission reviewed the proposed 2010-2014 Capital Improvement Program on November 23, 2009; and WHEREAS, the City Council has reviewed the 2010-2014 Capital Improvement Program at the November 10 and December 8, 2009 Council/Manager meetings; and WHEREAS, financing for projects outlined in the 2010-2014 Capital Improvement Program will be reviewed each year and provided for by current approved budget or specifically identified in the financing section in this document; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley approves the 2010-2014 Capital Improvement Program. 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. alley d Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. F. Adoption of 2010-2011 Budgets - Water and Sewer Utility, Brookview Golf, Motor Vehicle Licensing, Conservation/Recycling, Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds Prepared By Sue Virnig, Finance Director Summary The 2010-2011 Budgets of the above funds with changes since the Proposed Budgets were submitted to the Council in October. Attachments Resolution Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal Services Funds (1 page) Recommended Action Motion to adopt Resolution Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal Services Funds. Resolution 09-67 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2010-2011 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS WHEREAS, in 2009, staff implemented a biennial budget cycle with a proposed current budget year and an in concept budget proposal; and WHEREAS, this proposed 2010 operating budget is submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2010 General Fund Budget are hereby given final approval. FUND DESCRIPTION AMOUNT $418,360 9,783,170 1,773,245 518,345 3,184,695 55,500 351.035 $16,084,350 7000 7120 7150 7200 7300 2020 8200 Recycling Water and Sewer Utility Brookview Golf Course Motor Vehicle Licensing Storm Sewer Utility Human Services Foundation Vehicle Maintenance TOTAL 2010 BUDGET BE IT FURTHER RESOLVED by the City Council that the sources offinancing are through user fees, fund raisers, charges for services and those applicable revenues described in each specific budget. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget both proposed and final. 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. alley m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. G. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is to accept the donations received by the ongoing programs such as Envision, and Human Services Foundation. Attachments Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations (1 page) Recommended Action: Motion to adopt Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations. December 15, 2009 Resolution 09-68 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Onqoinq Proqrams: Golden Valley Human Services Foundation (HSF) Ron Christenson Golden Valley Women's Club WSB & Associates Morrie's Mazda Best & Flanagan Rotary Liberty Diversified Industries (LDI) Lupient Central Bank Individual Contributions to HSF Envision/Connection Project Best & Flanagan Blair Tremere Jim Heidelberg Golden Valley Garden Club WSB & Associates Lupient Buick Pontiac GMC Mansfield Tanick & Cohen Way to Go Sports CD Townes 1,000 700 500 500 1,000 800 2,000 1,500 200 3,359 50 125 20 200 100 100 100 100 100 ATTEST: Linda R. Loomis, Mayor 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. I alley m n Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. H. Receipt of November 2009 General Fund Budget Report Prepared By Sue Virnig, Finance Director Summary The monthly General Fund Budget Report provides a progress report on the General Fund operations for 2009. The revenues and expenditures show current month actual and year-to- date actual compared to the 2009 approved budget. The 2009 unallotment from the State is estimated at $344,470. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of November 30, 2009 the City is using $3,741,960 of fund balance to balance the budget. Attachments November 2009 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the November 2009 General Fund Budget Report. City of Golden Valley Monthly Budget Report - General Fund November, 2009 (unaudited) Percentage Of Year Completed 92.00% Revenue: Over % 2009 November YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,796,685 0 $5,721,294 ($6,075,391) 48.50% (1 ) Licenses 151,425 2,225 179,399 $27,974 118.47% Permits 703,000 46,922 631,511 ($71,489) 89.83% Federal Grants 0 0 6,500 $6,500 State Aid 10,500 (3,766) 79,894 $69,394 760.90% (4) Hennepin County Aid 0 0 3,333 $3,333 (5) Charges For Services: General Government 36,020 (1,349) 42,275 $6,255 117.37% Public Safety 172,080 12,358 146,444 ($25,636) 85.10% Public Works 102,000 8,438 109,370 $7,370 107.23% Park & Rec 391,050 12,750 318,403 ($72,647) 81.42% Other Funds 1,187,000 43,866 959,036 ($227,964) 80.79% Fines & Forfeitures 280,000 15,921 175,918 ($104,082) 62.83% (2) Interest On Investments 230,000 0 0 ($230,000) 0.00% (3) Miscellaneous Revenue 210,940 2,214 214,722 $3,782 101.79% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $15,445,700 $139,579 $8,763,099 ($6,682,601 ) 56.73% Notes: (1) This includes first half taxes and second half payment from the Humane Society. (2) Fines and Forfeitures includes through October. (3) Investments will be booked at year end. (4) Includes grant for Douglas Drive Corridor Study ($44,340). Percentage Of Year Completed 92% (unaudited) Expenditures: Over % 2009 November YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $333,565 9,714 264,953 ($68,612) 79.43% (5) City Manager 820,770 54,021 667,712 (153,058) 81.35% Admin. Services 1,555,470 79,164 1,264,383 (291,087) 81.29% Legal 115,000 12,922 106,562 (8,438) 92.66% (1) General Gov't. Bldgs. 602,500 30,178 398,900 (203,600) 66.21% Planning 356,490 22,015 339,106 (17,384) 95.12% Police 4,531,630 314,169 3,828,462 (703,168) 84.48% Fire and Inspections 1,549,690 96,068 1,333,400 (216,290) 86.04% (2) Public Works Admin. 312,430 24,871 278,483 (33,947) 89.13% Engineering 674,750 55,116 553,133 (121,617) 81.98% Streets 1,400,985 69,155 1,018,402 (382,583) 72.69% Community Center 77,125 3,466 43,418 (33,707) 56.30% Park & Rec. Admin. 642,845 46,917 551,068 (91,777) 85.72% Park Maintenance 976,035 56,991 772,932 (203,103) 79.19% Recreation Programs 432,680 18,509 338,997 (93,683) 78.35% Risk Management 248,765 1,000 255,176 6,411 102.58% (3) Transfers Out 814,970 0 489,970 (325,000) 60.12% (4) TOTAL Expenditures $15,445,700 $894,276 $12,505,057 ($2,940,643) 80.96% (1) This includes October ytd legal bill. (2) Paid on Call Firefighters are now being paid monthly versus semi-annually. (3) This includes all quarterly payments. (4) This expenditure was lowered due to the unallotment. (5) This amount includes services for YMCA and Home Free Shelter. Valley Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. I. Consent to Hennepin County Housing and Redevelopment Authority (HCHRA) for Affordable Housing Incentive Fund (AHIF) Grant - Rehabilitation of House Owned by Community Involvement Programs (CIP) - 1816 Zephyr Avenue North Prepared By Mark Grimes, Director of Planning and Development Summary Hennepin County HRA has approved a request to use $177,000 from Hennepin County's Affordable Housing Incentive Fund to rehabilitate houses owned by Community Involvement Programs (CIP) in Hennepin County. The plan is to spend $25,000 of these funds on the home owned by CIP at 1816 Zephyr Avenue North to help fix up the kitchen and bathroom. The house on Zephyr provides shared housing for persons with mental illness. The remainder of the funds going to CIP will be spent to rehab other houses they own outside of Golden Valley. CIP is a non-profit organization that provides housing and support services to people with disabilities. One way they do this is by providing shared housing to persons with mental illness. CIP provides support services to the individuals that live in the housing. Attached are three pages from their website that provide information about CIP and their housing program. John 1. Everett, Executive Director of CIP, will attend the meeting in case there are any questions. Attachments Description of Community Involvement Programs (3 pages) Resolution Consenting to Use of Hennepin County's Affordable Housing Incentive Fund to Rehabilitate House Owned by Community Involvement Programs - 1816 Zephyr Avenue North (1 page) Recommended Action Motion to adopt Resolution Consenting to Use of Hennepin County's Affordable Housing Incentive Fund to Rehabilitate House Owned by Community Involvement Programs - 1816 Zephyr Avenue North. Community Involvement Programs -- About Us Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section $~~r.!!bIip~ Listeners. Learners. and Leaders About Us Community Involvement Programs has a rich and varied history of supporting people with disabilities. Founded in 1971, CIP established its first programs for adults with disabilities. Since those days, CIP has developed a broad array of services and supports. While most programs are provided in the metro area, services are also provided to individuals and families in Pine and Mille Lacs Counties. Today, our services strive to be responsive to the individual needs and preferences of each person and family we support. We firmly believe that each person and family has the right to experience a quality of life that reflects their choices and interests, their talents and abilities, and that includes relationships with family, friends, neighbors and co-workers. Community Involvement Programs is a non-profit organization based in Minneapolis, but serving individuals throughout the metro area, Pine and Mille Lacs counties. We provide services and supports to persons with developmental disabilities and their families and to individuals with mental illness. For more information or specific programs, check on the menu on your left or call us at (612) 362-4400. Home I About Us I Board Recruitment I Mission I HousinQ I Employment and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift Printer-friendlv Version POW0f0dbyNonpcofitQffJG.€# ..GOnJ http://www.cipmn.org/index.asp?Type=B_BASIC&SEC={ C57 A4255-D36B-42F9-B5A... 12/11/2009 Community Involvement Programs -- Home Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section S~;;tIchTiPl:l Listeners. Learners. and Leaders Home COMMUNITY Ii NVOLVEMENT PROGRA.MS STANDING Wf-'t'H Afib $UpPO~'ttNG :PEOoPt.E 'WITH Q.$A~,t'.tji Welcome to our web site. We hope you will find the information provided here helpful in your search. If you find you need any additional information, please call us at (612) 362-4400. Our mailing address is: 1600 Broadway St NE, Minneapolis, MN 55413. We also have provided a number of links to other relevant sites to help you in your search under "related finks". Our Mission As listeners, learners and leaders, we will stand with and support people with disabilities in their communities as they pursue their personal dreams and goals. Hom~ I About Us I Board Recruitment I Mission I HousinQ I EmploYn)ent and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift printer-friendly Version powereql;>yNoupmfilQffiGe. GOm http://www.cipmn.orglindex.asp?Type=NONE&SEC={29E3E236-7 A88-450D-A 71E-AO... 12/11/2009 Community Involvement Programs -- Housing Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section $~ar~hIjp!i listeners, learners, and leaders Housing Community Involvement Programs provides a range of housing options and supports for persons with disabilities. Housing options include: individual apartments, shared living arrangements, adult foster care and home ownership. Individualized supports provided by Community Involvement Programs help the people we support become active members of their communities. Generally, people contribute 30% of their income toward their housing costs. Subsidies often make up the difference between an individual's resources and the current rent. Section 8 certificates are also accepted. Shared housing sites for persons with mental illness are located in the western suburbs of Hennepin County: St. Louis Park, Eden Prairie, Crystal, Plymouth, Golden Valley, Robbinsdale, and Minnetonka. For more information: For persons with developmental disabilities - tQmr@cipmn,Qrg For persons with mental illness - ~~~~Ch~-']l-'L_Qrg Please click on the link below for a supportive housing application for persons with mental illness. Equal Housing Opportunity I;tj&JShared Housing Application Home I About Us I Board Recruitment I Mission I HousinQ I Employment and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift Printer-friendlv Version PQw~r~gpyNQnPIQfitQffiG~...GQm http://www.cipmn.org/index.asp?Type=B_ EV &SEC={A2087549-0BEA-4A 7 A-9DCO-C... 12/11/2009 Resolution 09-69 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION CONSENTING TO USE OF HENNEPIN COUNTY'S AFFORDABLE HOUSING INCENTIVE FUND TO REHABILITATE HOUSE OWNED BY COMMUNITY INVOLVEMENT PROGRAMS -1816 ZEPHYR AVENUE NORTH WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) in Resolution No. 09-HCHRA-0013R1 has approved the use of a $177,000 ($25,000) Affordable Housing Incentive Fund (AHIF) grant for the Community Involvement Programs (CIP) Houses (1816 Zephyr Avenue North, Golden Valley, 55422) project, contingent upon the City of Golden Valley consent to the HCHRA's participation in the project; and WHEREAS, the CIP Houses project will preserve the supply of affordable housing in the City of Golden Valley by preserving 3 units of supportive housing; and WHEREAS, the grant from the HCH RA will complete the financing required for the project to go forward. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. 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. Hey Mod Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 4. A. Public Hearing - Adoption of 2009 Property Tax Levy Payable 2010, and 2010 General Fund Budget Prepared By Sue Virnig, Finance Director Summary This year was the first biennial budget for the years 2010 and 2011. At this meeting, City Council will consider the resolution adopting the 2010 property tax levy and the 2010 General Fund budget. The 2011 budget is for future planning purposes and is approved in concept only. Staff will present an overview of the 2010-2011 budget process. Attachments Resolution Adopting the 2009 Property Tax Levies for Taxes Payable 2010 (1 page) Resolution Adopting the 2010 Budget General Fund Budget (2 pages) 2010-2011 Proposed General Fund Budget (distributed previously) Recommended Action Motion to adopt Resolution Adopting the 2009 Property Tax Levies for Taxes Payable 2010. Motion to adopt Resolution Adopting the 2010 Budget General Fund Budget. Resolution 09-70 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2009 PROPERTY TAX LEVIES FOR TAXES PAYABLE 2010 WHEREAS, the City Council has approved for the fiscal year commencing January 1,2010 and WHEREAS, the proposed budgets require monies to be raised from property taxes on taxable property in the City of Golden Valley. NOW, THEREFORE, BE IT RESOLVED, by the City Council, that the following sums of money be raised by property tax on taxable property in the City of Golden Valley for taxes payable in 2010 as set out in the 2010-2011 Adopted City budgets are hereby levied;: BE IT FURTHER RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2010 General Fund Budget are hereby given final approval. PURPOSE General Fund 2010 PROPERTY TAX LEVY $11,996,290 SPECIAL LEVIES: Fire Relief Association Pension Levy Tax Abatement Levy Certificate of Indebtedness Bonded Indebtedness TOTAL LEVIES 150,000 367,215 819,320 2.994.900 $16.327,725 BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget and property tax levies both proposed and final. 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. Resolution 09-71 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2010 BUDGET GENERAL FUND BUDGET WHEREAS, in 2009, the staff implemented a biennial budget cycle with a proposed current budget year and an 2011 in concept budget proposal; and WHEREAS, this proposed 2010 operating budget resolution and the accompanying proposed tax levies contained in Resolution 09-70 are submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date; and BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2010 General Fund Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT TOTAL 2010 BUDGET 307,455 802,390 439,970 1,571,070 115,000 266,950 599,500 333,550 4,562,995 1,539,820 309,730 651,640 1,371,495 74,605 639,845 968,270 427.910 $14.982.195 001 003 004 005 006 007 011 016 022 023 035 036 037 065 066 067 068 Council City Manager Transfers Out Administrative Services Legal Services Risk Management Building Operations Planning Police Fire Public Works Administration Engineering Streets Community Centers Park and Recreation Administration Park Maintenance Park and Recreation Programs Resolution 09-71 - Continued December 15, 2009 BE IT RESOLVED by the City Council that the sources of financing the sums appropriated shall be: DESCRIPTION AMOUNT Ad Valorem Taxes Licenses Permits State Grants Charges for Services Fines and Forfeitures Interest on Investments Miscellaneous Revenue Transfers In TOTAL 2010 BUDGET 11,552,050 151,865 703,000 1 0,500 1,723,105 250,000 200,000 216,675 175,000 $14,982,195 BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget and property tax levies both proposed and final. 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. I r u Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 4. B. Public Hearing - Second Consideration - Ordinance #426 - Amendments to the 2010 Master Fee Schedule - Cigarettes - Tobacco Products Prepared By Sue Virnig, Finance Director Summary At its December 1, 2009 meeting the City Council held a public hearing for First Consideration of Ordinance No. 426, amending the master fee schedule for Cigarettes - Tobacco Products. Current license holders were notified of the intent to increase the fees, which had not been raised since 1997. At that meeting, staff was requested to report back the costs associated with the issuing of the licenses. The cost of issuing each license and monitoring is listed below: Compliance Monitorinq (2): Officer (Vehicle) Compliance Checker Report 100.00 10.00 25.00 Administrative Costs: Notice-License process Computer time Administration Time 22.00 45.00 93.15 TOTAL 295.15 Attachments List of 2009 license holders (1 page) Ordinance #426, Amendment to the Master Fee Schedule for Cigarettes - Tobacco Products (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #426, Amendment to the Master Fee Schedule for Cigarettes - Tobacco Products. CITY OF GOLDEN VALLEY LIST OF BUSINESSES LICENSED FOR CIGARETTES JANUARY 1 - DECEMBER 31, 2009 CIGARETTES SOLD 'OVER THE COUNTER' SGS Enterprises, Inc. (closed) Westview Liquors 2500 Mendelssohn Avenue North Golden Valley Service Center, LLC Golden Valley BP 600 Boone Avenue North SGS Enterprises, Inc. (closed) Westview Groceries 2504 Mendelssohn Avenue North KKS, Inc. Potpourri Gift Shop 5500 Wayzata Boulevard Kabalan Company Medicine Lake Citgo 9405 Medicine Lake Road Golden Valley Liquor Barrel 7890 Olson Memorial Highway Down In the Valley 8020 Olson Memorial Highway Feist Automotive 1875 North Lilac Drive Golden Valley Country Club 7001 Golden Valley Road Holiday Station Stores, Inc. 7925 Wayzata Boulevard Sunny Hollow Market 2580 Hillsboro Avenue North JJ's Clubhouse 6400 Wayzata Boulevard United Liquors 7751 Medicine Lake Road MGM Liquor 7704 Olson Memorial Highway Walgreen's 5695 Duluth Street Valley Grocery & Tobacco 7722 Olson Memorial Highway Schuller's Tavern 7345 Country Club Drive Superamerica #4443 1930 Douglas Drive North Superamerica #4497 6955 Market Street ORDINANCE NO. 426, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Cigarettes - Tobacco Products The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Cigarettes - Tobacco Products over the counter 1-Jan $275 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of December, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk alley o City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting December 15,2009 Agenda Item 4. C. Second Consideration - Ordinance #427 - Amending Sections 4.20, 11.35 and 11.36 Regarding Removing Reference to the Building Board of Review 4. C. 1. Rescinding Resolution 88-61 Ratifying Establishment of the Building Board of Review Prepared By Jeanne Andre, Assistant City Manager Summary The Building Board of Review (BBR) was established in 1988 with the adoption of Resolution 88-61. The purpose of the BBR was to advise the Building Official regarding structure continuity and aesthetics of buildings presented for building permit approval. The Board meets only when projects are brought to it by the Building Official. Over the years, approval processes for those areas in the purview of the BBR have gradually changed, and now the BBR rarely meets. Staff has worked on new processes that can reasonably provide for review previously undertaken by the BBR. As the BBR was established by Resolution 88-61, the attached Resolution 09-72 was drafted to rescind the prior resolution. Staff identified three references to the BBR in the City Code, one in Section 4.20 regarding BBR review of signs, and two in Chapter 11, Sections 11.35 and 11.36 in Subdivision 7, regarding landscaping review. Ordinance No. 427 removes reference to the BBR in these sections. The Council approved this ordinance on first consideration, and is before the Council for second consideration. The resolution rescinding Resolution 88-61 establishing the BBR should be considered if the Council adopts Ordinance No. 427 on second consideration. Attachments Ordinance #427 - Amending Sections 4.20, 11.35 and 11.36 Regarding Removing Reference to the Building Board of Review (1 page) Resolution Rescinding Resolution 88-61 Ratifying Establishment of the Building Board of Review ( 1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #427, Amending Sections 4.20, 11.35 and 11.36 Regarding Removing Reference to the Building Board of Review. Motion to adopt Resolution Rescinding Resolution 88-61 Ratifying Establishment of the Building Board of Review. ORDINANCE NO. 427, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 4.20, 11.35 and 11.36 Regarding Removing Reference to the Building Board of Review The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 4.20 entitled "Sign Permits and Regulations", Subd. 8(E) is amended by deleting the last sentence. Section 2. City Code Section 11.35, entitled "Light Industrial Zoning District", Subd. 7(A) is amended by deleting the last sentence and replacing it with the following sentence: "Such landscaping shall conform with a landscape plan that conforms to City standards and is approved by the City Manager and his or her designee". Section 3. City Code Section 11.36, entitled "Industrial Zoning District", Subd. 7(A) is deleted in its entirety and replaced with the following sentence: "All required yards shall be landscaped according to a landscape plan that conforms to City standards and is approved by the City Manager or his or her designee". Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of December, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virnig Susan M. Virnig, City Clerk Resolution 09-72 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION RESCINDING RESOLUTION 88-61 RATIFYING ESTABLISHMENT OF THE BUILDING BOARD OF REVIEW WHEREAS, the City Council has the statutory powers to appoint boards, commissions, advisory groups and individuals; and WHEREAS on June 21, 1988, the City Council adopted Resolution 88-61, establishing the Building Board of Review; and WHEREAS the City has benefited from the service of many Board Members over the years who have volunteered their services to the City; and WHEREAS changes in the building department and development processes have reduced the need for the Building Board of Review, such that scheduled meetings are frequently cancelled; and WHEREAS review processes have been revised so that responsibilities previously undertaken by the Building Board of Review are now incorporated into the staff and Planning Commission review processes; NOW, THEREFORE, BE IT RESOLVED, that Resolution 88-61 establishing the Building Board of Review is hereby rescinded and that the Building Board of Review will cease its existence, effective December 31, 2009, with thanks to the sitting members for their service to the community. 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. alley o d City Administration/Council 763-593-8096/763-593-8109 (fax) t 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. alley M 0 nd 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